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Home My WebLink About2017-083Corporation of the Municipality of Clarington By-law Number 2017-083 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, for ZBA 2016-0024; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 2 "Definitions" is hereby amended by inserting the following definition: "Amenity Area shall mean an area that is designed and intended primarily for the leisure and recreation of the occupants of a building or site." 2. Section 15.4 "Special Exceptions — Urban Residential Type Four (R4) ZONE" is hereby amended by deleting Section 15.4.30 in its entirety and replacing with the following: "15.4.30 Urban Residential Exception (R4-30) ZONE Notwithstanding 3.16 a., 3.16 d., 15.1 a., 15.2 a., 15.2 c., 15.2 g., 15.2 h., 15.2 i, those lands zoned "R4-30" on the Schedules to this By-law shall only be used subject to the following zone provisions: a. Permitted Uses i) Apartment Building ii) Link Townhouse Dwelling b. Density i) minimum 100 units per net hectare ii) maximum 130 units per net hectare iii) The number of Link Townhouse Dwelling units shall not exceed 15% of the total number of units within the R4-30 zone. C. Private Lane Width (Minimum) 6.5 metres 0 f Regulations for Apartment Buildings: i) The street fagade (minimum) shall be 70% of the length of Street Line along Highway 2 and shall have a setback between 1.7 metres and 8.5 metres ii) Setback to R3-53 Zone (minimum) iii) Setback to Environmental Protection Zone (minimum) iv) Setback to Commercial Zone (minimum) v) Setback to a Link Townhouse unit vi) Maximum height vii) Minimum height viii) Parking Structure Setbacks (minimum) 40 metres 1.5 metres 10 metres 15 metres 10 storeys 9 storeys 1.5 metres to an Environmental Protection Zone, otherwise 1.2 metres from any property line ix) Visitor Parking (minimum) 0.15 spaces for each apartment dwelling unit, 10% of which shall be accessible parking spaces. In all other, respects the Parking Table referred to in 3.16 a. shall continue to apply. x) Bicycle Parking (minimum) 0.5 space per dwelling unit A minimum of 75% of the required spaces shall be within a building or structure. A) Minimum indoor amenity space 2 square metres per unit xii) Minimum outdoor amenity space 4 square metres per unit Regulations for Link Townhouse Dwellings: i) Front yard setback to a private street or sidewalk (minimum) 6 metres to garage; 4 metres to dwelling ii) Exterior side yard setback to a private street or sidewalk (minimum) 1.2metres iii) Minimum setback between dwellings without a common wall 2.0 metres iv) Minimum setback to adjacent residential zone 9 metres v) Minimum setback to commercial zone 6 metres vi) Minimum setback to EP zone 4 metres for an interior side yard, all other yards 7.5 metres vii) Minimum outdoor private amenity space per unit 30 square metres viii) Minimum outdoor shared amenity space 4 square metres per unit and may be located in part on lands zoned R3-53 iv) Maximum height 12 metres 3. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) Zone" is hereby amended by adding thereto, the following new Special Exception: "14.6.53 Urban Residential Exception (R3-53) ZONE Notwithstanding 3.16 d., 14.1 a., 14.4 a., 14.4 b., 14.4 c., 14.4 g., those lands zoned "R3-53" on the Schedules to this By-law shall only be used subject to the following zone provisions: a. Permitted Uses i) Link Townhouse Dwelling b. Density (maximum) 45 units per hectare C. Regulations for townhouse dwelling units i) Front yard setback to a private street or sidewalk (minimum) 6 metres to garage; 3 metres to dwelling ii) Exterior side yard setback to a private street or sidewalk (minimum) 1.2 m iii) Setback between dwellings without a common wall (minimum) 2.0 m iv) Setback to residential zone (minimum) 1.2 m v) Minimum outdoor private amenity space per unit 30 square metres vi) Minimum outdoor shared amenity space 4 square metres per unit and may be located in whole or in part on lands zoned R4-30 vii) Maximum height 8 m for units within 70 metres of Darlington Boulevard streetline, otherwise the maximum height shall be 12 m d. Private Lane Width (Minimum) 6.5 metres 4. Section 12.4 "Special Exceptions — Urban Residential Type One (R1) Zone" is hereby amended by amended by adding thereto, the following new Special Exception: "12.4.98 Urban Residential Exception (R1-98) ZONE Notwithstanding 12.1, 12.2 a., 12.2 b., 12.2 d. i), and 12.2 h., those lands zoned "R1-98" on the Schedules to this By-law shall only be used for single detached dwellings subject to the following zone provisions: a. Lot Area (minimum) 700 square metres b. Lot frontage (minimum) 18 metres C. Yard Requirements (minimum) i) Front Yard Setback 11 metres ii) Side Yard Setback 1.5 metres d. Building Height (maximum) 8 metres" 5. Section 12.4 "Special Exceptions — Urban Residential Type One (R1) Zone" is hereby amended by amended by adding thereto, the following new Special Exception: "12.4.99 Urban Residential Exception (R1-99) ZONE Notwithstanding 3.12 c., 12.1, 12.2, and 12.3, those lands zoned "R1-99" on the Schedules to this By-law shall only be used for a public use, and a Temporary Sales Office, subject to terms and conditions of a municipal lease agreement, and subject to the following zone provisions: a. Lot Area (minimum) 1500 square metres b. Lot frontage (minimum) 50 metres C. Yard Requirements (minimum) i) Front Yard Setback 15 metres ii) Interior Side Yard Setback 2.5 metres ii) Rear Yard Setback 4 metres d. Building height (maximum) 5 metres e. Floor area (maximum) 400 square metres f. Parking Spaces (Minimum) 20 g. Loading Spaces nil Pursuant to the requirements of Section 39 of the Planning Act, 1990, as amended, the temporary sales office use shall cease on December 31, 2019." 6. Schedule W to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential Exception (R4-7) Zone" to "Urban Residential Exception (R1- 99) Zone' "Holding - Urban Residential Exception ((H)R4-7) Zone" to "Urban Residential Exception (131-99) Zone' "Holding — Urban Residential Exception ((H)R4-7) Zone" to "General Commercial Exception (C1-39) Zone' "Urban Residential Type One (R1) Zone" to "Holding - Urban Residential Exception ((H)R1-98) Zone' "Urban Residential Type One (R1) Zone" to "Holding - Urban Residential Exception ((H)R3-53) Zone' "Holding - Urban Residential Type One ((H)R1) Zone" to "Holding - Urban Residential Exception ((H)R3-53) Zone' "Holding — Urban Residential Exception ((H)R4-7) Zone" to "Holding — Urban Residential Exception ((H)R4-30) Zone' "General Commercial Exception (C1-39) Zone" to "Holding — Urban Residential Exception ((H)R4-30) Zone' "Urban Residential Exception (R4-7) Zone" to "Holding — Urban Residential Exception ((H)R4-30) Zone' "Environmental Protection (EP) Zone" to "Holding — Urban Residential Exception ((H)R4-30) Zone' "Urban Residential Exception (R4-7) Zone" to "General Commercial Exception (C1- 39) Zone' "Holding — Urban Residential Exception ((H)R4-7) Zone" to "Environmental Protection (EP) Zone" and, "Urban Residential Exception (R4-7) Zone" to "Environmental Protection (EP) Zone' as illustrated on the attached Schedule 'A' hereto. 7. Schedule 'A' attached hereto shall form part of this By-law. 8. Special provisions for removing the (H) Holding Symbol in the R4-30 and R3-53 Zone. In addition to the general provisions of the Official Plan with respect to the removal of the (H) Holding symbol, Council shall only enact a by-law to remove the (H) Holding Symbol from the R4-30 and R3-53 Zone when: a) Durham Region provides clearance with respect to the Environmental Site Assessment and Archeological Study; b) An agreement is entered into with respect to the funding of signals on Durham Highway 2; c) Any necessary cross -easements to access Durham Highway 2 and Darlington Boulevard are created to the satisfaction of the Municipality; and d) Central Lake Ontario Conservation Authority provides clearance with respect to infiltration measures to achieve an appropriate water balance, water quality treatment, stormwater quantity controls, erosion controls, implementation of Environmental Impact Study recommendations. 9. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this 10th day of Octc' r Anrie Gr entree, Municipal Clerk This is Schedule "A" to By-law 2017- 083 , passed thisl Oth day of October r 2017 A.D. 5 _j DURHAM HIGHWAY 2 0 W ^*a J m Z 4 O ,xri Z M / a - Zoning Change From R4-7' To'R1 - Zoning Change From'(H)R4-T To'R1-99' W - Zoning Change From'(H)R4-7" 70'C1 -39' Zoning Change From 'R1To'(H)R1-98' ® Zoning Change From R1 To '(H)R3-53' 2 O Zoning Change rrom'(H)R1' To'(H)R3-53' Zoning Change From'(H)R4-T To'(H)R4-30' - Zoning Change From C1-39' To'(H)R4-30' ® Zoning Change From R41-7' To '(H)R4-30' N O Zoning Change From EP To'(H)R4-30' ,1 - Zoning To Remain '(H)R4-3& 0 Zoning Change From T14-T TO V-39' - Zoning Change From'(H)R4-T To'EP O Zoning Change From 'R4-7' To'EP' L(Add.-n,��ott.r, Courtice • ZBA 2016-0024 •Schedule 4 Mayor ne ireenlrae, Mun1dpal Clerk