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Wednesday, March 15, 2006 Orono Weekly Times - 11 PLANNING ACT, R.S.0.1990 NOTICE OF. THE PASSING OF A ZONING BY-LAW TAKE NOTICE THAT the Council of the Corporation of the Municipality of Clarington passed By-law 2006-047 on the 1st day of March 2006, under Section 34 of the Planning Act, R.S.0.1990, c.P.13. AND TAKE NOTICE THAT any person or agency may appeal to the Ontario Municipal Board in respect of the By-law by filing with the Clerk of the CORPORATION OF THE MUNICIPALITY OF CLARINGTON, not later than the 4th day of April, 2006, a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, together with a cheque in the amount of $125.00 made payable to the Minister of Finance. An explanation of the purpose and effect of the by-law, describing the lands to which the by-law applies, and a copy of the bylaw, with a key map showing the location of the lands to which the by-law applies are attached. Further information pertaining to this matter may be obtained by contacting the Municipality's Planning Services Department at 623-3379. Dated at the Municipality of Clarington this 15th day of March, 2006, Patti L. Barrie, Municipal Clerk - Municipality of Clarington CLERK'S FILE NO. D14.ZBA.2002.025, D14.ZBA.2002.04, D14.ZBA,2003.043, D14.ZBA.2004.055, D14.ZBA.2005.021 PLANNING FILE NO. ZBA.2002.025, ZBA.2002.024, ZBA.2003.043, ZBA.2004.055, ZBA.2005.020 NOTE: The Planning Act provide? for appeals to be filed by "persons'. Groups or associations, such as residents or ratepayers groups which do not have incorporated status, may not be considered "persons' for purposes of the Act. Groups wishing to appeal this decision should do so in the name or names of individual group members, and not in the name of the group. PURPOSE AND EFFECT OF BY-LAW 2006-047 The purpose and effect of Zoning By-law 2006-047 is to implement the provisions of Official Plan Amendments 43 and 44 and certain of the recommendations of the Commercial Policy Review and West Bowmanville Main Central Area Secondary Plan Review. By-law 2006-047 amends the Municipality's Comprehensive Zoning By-law 84-63, as amended as it applies to the area outlined by a heavy black line on the map respecting By-law 2006-047. This map is published with this Notice. By-law 2006-047: (1) Repeals the "General Commercial Exception (C1-14) Zone" designation applicable to the portion of the site located south and west of the intersection of Clarington Boulevard and Highway 2 which is identified as C9- 1 on the map published with this Notice. The C1-14 designation of this area is replaced with a new designation "Street-Related Commercial Exception (C9-1) Zone". The By-law provides new regulations for the C9-1 ' Zone respecting permitted uses, maximum permitted total floor area, built form and siting requirements as well as other matters set out in By-law 2006-047. The balance of the site bounded by Clarington Boulevard, Highway 2, Green Road and Prince William Boulevard remains zoned "General Commercial Exception (C1-14) Zone". However, the regulations applicable to this area by By-law 84-63, are repealed and replaced by regulations set out in By-law 2006-047. The new regulations delete the requirement for a supermarket within the C1-14 zone; establish permitted uses; reduce the maximum permitted total floor area of buildings; provide regulations for location of buildings; provide regulations for the location of the buildings; add provisions respecting a seasonal garden centre, siting requirements; and certain other matters set out.in By-law 2006-047. (2) Repeals the "Highway Commercial (C8) Zone" provision of. By-law 84-63, applicable to the lands in the north-west quadrant of the intersection of Green Road and Highway 2 and replaces them with new "Large Format Commercial (C8) Zone". The new C8 Zone provisions include: i) Definitions specific to the zone, including the definition of Large Format Retail Store and Medium Format Retail Store. A Large Format Retail Store shall have a minimum floor area of 2500 sq. m., while a Medium Format Retail Store shall have a floor area between a minimum of 1000 sq.m, and a maximum of 2500 sq. m.; • ii) A list of permitted uses which include a Large Format Retail Store and-Medium Format Retail Store;' iii) Regulations for yard requirements; built form and siting; building façade materials; building façade articulation; business entrance locations; screening of rooftop mechanicals; screening of loading spaces; landscaping; parking; the exclusion from the calculation of maximum permitted total floor area of a garden centre and a seasonal garden centre; the location of a garden centre; the duration of use of a seasonal garden centre; and regulations for drive-through facilities. (3) Creates Special Exception Zones to the "Large Format Commercial (C8)" Zone" to more particularly detail the regulations of the C8 Zone applicable to the identified Special Exception Zones and to provide for . particular uses and regulations as follows: ... i) The C8-1 Zone will permit a Large Format Retail store now proposed to be a Wal-Mart store with a maximum total floor area of 14030 sq.m., as well as a motor vehicle service station; ii) The C8-2 Zone will permit a Large Format Retail store now proposed to be a Real Canadian Superstore with a maximum total floor area of 16525 sq. m. as well as a motor vehicle fuel bar and motor vehicle wash; iii) The C8-3 Zone will permit Large Format or Medium Format stores to a maximum of 5050 sq.m.; and ' ... • . iv) The C8-4 Zone will permit Large Format Store now proposed to be a Home Depot store with a maximum total floor area of 9170 sq.m. These Special Exception Zones also provide for certain exclusions from the calculation of total floor area and certain siting and building form requirements, and provide for the accommodation of parking required for uses- located on abutting zones; and adjustments to yard and built form requirements; maximum areas of a garden centre and a seasonal garden centre; and certain other matters identified in By-law 2006-047. (4) Creates a new "Street-Related Commercial (C9) Zone". The provisions of the C9 Zone include: * I) Definitions specific to the zone; ii) A list of permitted uses; ' . ' iii) Regulations for minimum and maximum store sizes; yard requirements; built form and siting requirements; building heights; building façade materials; business entrance locations; canopies; building façade articulation; screening of rooftop mechanicals; screening of loading spaces; landscaping; and parking, (5) Creates Street-Related Commercial Exception Zones and provisions which are exceptions to the "Street-Related Commercial (C9) Zone". They more particularly detail permitted uses; establish maximum total floor area provisions; establish limits on stores containing between 100 sq.m, and 300 sq.m, of total floor area; provide for the accommodation of parking required for uses located on abutting zones; and provide for specific floor area and floor size requirements. -. There are four Street-Related Commercial Exception Zones: C9-1, C9-2, C9-3 and C9-4. They are shown on the maps published with this Notice. EXPLANATORY NOTES BY-LAW 2006-047 The purpose and effect of Zoning By-law 2006-047 is to implement the provisions of Official Plan Amendments 43 and 44 and certain of the recommendations of the Commercial Policy Review and West Bowmanville Main Central Area Secondary Plan Review. By-law 2006-047 amends the Municipality's Comprehensive Zoning By-law 84-63, as amended as it applies to the area outlined by a heavy black line on the map respecting By-law 2006-047. This map is published with this Notice. By-law 2006-047: . (1) Repeals the "General Commercial Exception (G1-14) Zone" designation applicable to the portion of the site located south and west of the interséctiôn of Clarington Boulevard and Highway 2 which is identified as C9-1 on the map published with this Notice. 1 The C1-.14 designation of this area is replaced with a new designation "Street-Related Commercial Exception (C9.-1) Zone", The By-law provides new regulations for the C9-1 Zone respecting permitted uses, maximum permitted total floor area, built form and siting requirements as well as other matters set out in By-law 2006-047. The balance of the site bounded by Clarington Boulevard, Highway 2, Green Road and Prince William Boulevard remains zoned "General Commercial Exception (C1-14) Zone". However, the regulations applicable to this area by By-law 84-63, are repealed and replaced by regulations set out in By-law 2006-047. The new regulations delete the requirement for a supermarket within the C1-14 zone; establish permitted uses; reduce the maximum permitted total floor area of buildings;- . provide regulations for location of buildings; provide regulations for the location of the buildings; add provisions respecting a seasonal garden centre, siting requirements; and certain other matters Set out in By-law 2006-047. (2) Repeals the "Highway Commercial (C8) Zone" provision of By-law 84-63, applicable to the lands in the north-west quadrant of the intersection of Green Road and Highway 2 and replaces them with new "Large Format Commercial (C8) Zone". The new C8 Zone provisions include: i) Definitions specific to the zone, including the definition of Large Format Retail Store and Medium Format Retail Store, A Large Format Retail. Store shall have a minimum floor area of 2500 sq. m., while a Medium Format Retail Store shall • have a floor area between a minimum of 1000. sq.m, and a maximum of 2500 sq.m.; ii) A list of permitted uses which include.a Large Format Retail Store and Medium Format Retail Store; iii) Regulations for yard requirements; built form and siting; building façade materials; building façade articulation; business entrance locations; screening of rooftop mechanicals; screening of loading spaces; landscaping; parking; the . . exclusion from the calculation of maximum permitted total floor area of a garden centre and a seasonal garden centre; the location of a garden centre; the duration of use of a seasopal garden centre; and regulations for drive-through facilities, (3) Créâtes Special Exception Zones to the "Large Format Commercial (C8)" Zone" to more particularly detail the regulations of the C8 Zone applicable to the identified Special Exception Zones and to provide for particular uses and • regulations as follows:. , ;■ i) The C8-1 Zone will permit a Large Format Retail store now proposed to be a Wal-Mart store with a maximum total ■ floor area of 14030 sq.m., as well as a motor vehicle service station; ii) The C8-2 Zone will permit a Large Format Retail store now proposed to be a Real Canadian Superstore with a maximum total floor area of 16525 sq.m, as well as a motor vehicle fuel bar and motor vehicle wash; iii) The C8-3 Zone will permit Large Format or Medium Format stores to a maximum of 5050 sq. m.; and . iv) The C8-4 Zone will permit Large Format Store now proposed to be a Home Depot store with a maximum total floor area of 9170 sq.m, : These Special Exception Zones also provide for certain exclusions from the calculation of total floor area and certain siting and building form requirements, and provide for the accommodation of parking required for uses located on abut ting zones; and adjustments to yard and built form requirements; maximum areas of a garden centre and a seasonal garden centre; and certain other matters identified in By-law 2006-047. ' (4) Creates à new "Street-Related Commercial (C9) Zone". The provisions of the C9 Zone include: ' i) Definitions specific to the zone; . ii) A list of permitted uses; iii) Regulations for minimum and maximum store sizes; yard requirements; built form and siting requirements; building heights; building façade materials; business entrance locations; canopies; building façade articulation; screening of rooftop mechanicals; screening of loading spaces; landscaping; and parking. (5) Creates Street-Related Commercial Exception Zones and provisions which are exceptions to the "Street-Related Commercial (C9) Zone", They more particularly detail permitted uses; establish maximum total floor area provisions; establish limits on stores containing between 100 sq.m, and 300 sq.m, of total floor area; provide for the accommodation of parking.required for uses located on abutting zones; and provide for specific floor area and floor size requirements. There are four Street-Related Commercial Exception Zones: C9-1, C9-2, C9-3 and C9-4. They are shown on the maps • published with this Notice. This Is Schedule" A-1" to By-law 2006-047, i passed this 1 st day of March, 2006 A.D. #! L: vj Zoning Chong# From *A-74* To '(iqU-V Zoning Chang# from •(HICS 4 To TH)CJ-r Zoning Chanj# From "A* To '(HjCi-r Zoning Chang# From •(HJCÎ'* To '(WJCJ-r ES33 Zoning Change From "A-7V To *(H)C3-2* b.. Ï T v- ibw rrf^'VlSil i BowmarwHIa This Is Schedule A-2" to By-law 2006-047, passed this 1st day of March, 2006 A.D. { FUTURE PU3L.C SÏREÎ mmk Zoning Change From "A" To "(H)C8-3" !~ I Zoning Change From "A" To "(H)C3-3" EM Zoning Change From -CM5" To "(H)Ca-3" Zoning Change From "A* To "(H)C3-4" IMi Zoning Change From •CMS" To "(H)CS4" w:, .,' C\ >; ilWr-V This Is Schedule" A-3" to By-law 2006- 047, passed this 1 st day of March, 2006 A.D. \ -i y Ce/?/., ' IB s P.t.NCC VdLLvW 5..VO. U Zoning Change From "CM4 Area A" To "C9«r U Zoning Change From "CM4 Area B" To *C9-V • $ fcSRl Zoning Change From H CM4 Area A" To "CW last r t.. nr-- wifF_y,iTy.?di * IWl .... £1*188? •s# .. Uowmanvllle This Is Schedule" A-4" to By-law 2006-047, passed this 1st day of March, 2006 A.D. ItChrzVT' V._ \ /" HUIT ^X r c>; NiA'y"* / /// W\ Zoning Change From "C1»7* To "(H)C94* -y.