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HomeMy WebLinkAboutPSD-058-06 CJ~-IQglon REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, May 23, 2006 Report #: PSD-058-06 File #: ZBA 2005-030 Subject: ZONING BY-lAW AMENDMENT APPLICATION TO PERMIT THE WESTERN EXPANSION OF WilMOT CREEK COMMUNITY WITH APPROXIMATELY 66 ADDITIONAL lOW DENSITY DWELLING UNITS APPLICANT: RIDGE PINE PARK INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-058-06 be received; 2. THAT By-law 2006-024 be repealed; 3. THAT the rezoning application submitted by Ridge Pine Park Inc. be APPROVED and that the Zoning By-law Amendment as contained in Attachment 3 be adopted by Council; 4. THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time that the applicant has satisfied the provisions of Section 23.4.3 of the Official Plan including executing a site plan agreement; and 5. THAT all interested parties listed in Report PSD-058-06, any delegations, and the Regional Municipality of Durham Planning Department be advised of Council's decision. . J. Crome, M.C.I.P.,R.P.P. Director, Planning Services BR*CP*DC*sh*jd May 16, 2006 d~~ Reviewed by: Franklin Wu Chief Administrative Officer Submitted by: CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-058-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: Ridge Pine Park Inc. 1.2 Applicant: (same as owner) 1.3 Rezoning: Appropriate to allow 66 residential units (re-circulation) 1.4 Area: Area to be developed: 6.483 hectares (16.02 acres). Area to be Municipal Waterfront Park: 7.287 hectares (18.01 acres) 1.5 Location: The area subject to rezoning is at the western limits of Wilmot Creek Community and located in Part of Lot 4, Broken Front Concession, former Township of Darlington (see Attachment 1). 2.0 BACKGROUND 2.1 On June 24, 2005, the Planning Services Department received from Ridge Pine Park Inc. an application to amend the Clarington Official Plan and an application to rezone the area to be developed. The application was to permit approximately 66 dwellings, all low density, and related private streets on the 6.483 hectares (16.02 acres) immediately abutting the west limits of the existing residential community (Attachment 1). 2.2 In February of this year the Clarington Official Plan Amendment and Zoning By- law Amendment were considered by Council and approved. Approval of both these applications is a pre-requisite for the approval of the site plan approval application. 2.3 At the February 13, 2006 meeting Zoning By-law 2006-024 was passed by Council. However, inadvertently the Official Plan Amendment By-law was placed on a subsequent agenda on February 21, 2006. The Zoning By-law must conform to the Official Plan; therefore the by-law approving the official plan amendment should have been approved first. The timing of the approval of the By-laws means the zoning by-law is technically not in conformity with the Official Plan. We have received legal advice that a new zoning by-law amendment is required to be adopted. 2.4 In order to adopt a zoning by-law amendment a new public meeting was required to satisfy the requirements of the Planning Act. 2.5 The details of the rezoning application, as well as the official plan amendment can be found in Report PSD-014-06 (Attachment 2). This is the report presented at the February 6, 2006 GPA Committee meeting, dealing with both the Official Plan Amendment and the Zoning By-law Amendment. It is noted that at the above GPA Committee meeting no one spoke with objections or concerns about the proposal. REPORT NO.: PSD-058-06 PAGE 3 2.6 The timing of the introduction of the Zoning By-law Amendment is what has changed. The actual development proposal has not changed. 3.0 PUBLIC NOTICE AND SUBMISSIONS 3.1 Public notice was given by mail to each landowner within 120 metres of the subject property, which includes the two previously mentioned areas, and two public notice signs were installed, one approximately midway on the Bennett Road frontage and one at the west end of the cul-de-sac terminating Hinkley Trail. Public Notice was also posted on the Notice Board at the Wilmot Creek Community Centre (the Wheelhouse). 3.2 As a result of the second public notification process, to date, the Planning Services Department has received no telephone inquiries, no counter and no e- mail inquiries. 4.0 STAFF COMMENTS 4.1 The holding of a new public meeting for the zoning by-law amendment is a technical requirement to legally pass the zoning by-law amendment. 5.0 CONCLUSION 5.1 In consideration of the comments contained in this report, staff respectfully recommends the adoption of the zoning by-law amendment as contained in Attachment 3. Attachments: Attachment 1 - Site Location Key Map and Property Plan Attachment 2 - PSD-014-06 Attachment 3 - Zoning By-law Amendment REPORT NO.: PSD-058-06 PAGE 4 Interested parties to be notified of Council's decision: Mr. Ufton Mr. Bruce Hadji Linda Gasser Ridge Pine Park Inc. Sernas Associates Clarington Industrial Services Inc. Mark and Kisbee Barristers and Solicitors Bernie Hirseland, McGraw Hill Construction Jim Reinger Dave Diamond Ernest Burnie Deborah & Reid Allin "'\. r: \ ,) , \-- \ \ \ ~ I I d ~I 81 2/ ~ I i I I . J l EMERGENCY ACCESS -' .-/ '-' J Newcastle Key Map -'" \ r -...... -...... Attachment 1 To Report PSD-058-06 .-. .---0' .. .. .. .. .. .. - - .. .. ,. 'GO> <( - tal, I- W W - '... ~ (/) '... ~ .. . - : i: it LAKE ONTARIO Cl <( o 0:0 V,KE ONTARIO ZBA 2005-030 Zoning By-law Amendment D Lands Subject to Application [ ] Wilmot Creek Retirement Community Expansion Area Owner: Ridge Pine Park Attachment 2 To Report PSD-058-06 C/JJlmgtDn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 6, 2006 Report #: PSD-014-06 File #: ZBA 2005-030 and cOPA 2005-007 By-law #: Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY- LAW TC :'ERMIT THE WESTERLY EXPANSION OF WILMOT CREEK COMMUNITY WITH APPROXIMATELY 66 ADDITIONAL SINGLE DETACHED DWELLING UNITS APPLICANT: RIDGE PINE PARK INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-014-06 be received; 2. THAT Amendment No. 48 to the Clarington Official Plan as submitted by Ridge Pine Park Inc. to expand westerly the Wilmot Creek Adult Lifestyle Community by extending the Urban Residential area and Special Policy Area B to the west and to place a District Park symbol on the area of the Municipal Waterfront Park as contained in Attachment 2 be ADOPTED; 3, THAT the rezoning application submitted by Ridge Pine Park Inc. be APPROVED and that the Zoning By-law Amendment as contained in Attachment 3 be adopted by Council; 4, THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time that the applicant has satisfied the provisions of Section 23.4.3 of the Official Plan including executing a site plan agreement; and 5. THAT all interested parties listed in Report PSD-014-06, any delegations, and the Regions! Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Reviewed by: cJ~--6Jk o id Crome, MclP, R.P.P. Director of Planning Services Franklin Wu, Chief Administrative Officer BR/CP/DJC/sh/df January 31, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 639 REPORT NO.: PSD-014-06 Page 2 1.0 APPLICATION DETAILS 1.1 Owner: Ridge Pine Park Inc, 1.2 Applicant: (same as owner) 1.3 Clarington Official Plan Amendment: To redesignate lands from Waterfront Greenway to provide for the westward expansion of the Urban Residential designation subject to Special Policy Area B (Wilmot Creek Community) and to add a District Park symbol. 1.4 Rezoning: Appropriate to permit proposed 66 residential unit development. 1,5 Area: Area to be developed: 6.48 hectares (16.02 acres). 1. 6 Location: The area to be developed is at the western limits of Wilmot Creek Community in Part of Lot 4, Broken Front Concession, former Township of Darlington. 2.0 BACKGROUND 2.1 On June 24, 2005, the Planning Services Department received from Ridge Pine Park lnc, an application to amend the Clarington Official Plan and an application to rezone the area for expansion of the "gated" residential community. The official plan amendment application was submitted to provide for the westward expansion of the Urban Residential designation within Special Policy Area B on lands currently designated Waterfront Greenway. The rezoning was submitted to permit approximately 66 dwellings, all single detached, and related private streets in the 6.483 hectares (16.02 acres) area to be developed. It is proposed that the balance of the site of 7.287 hectares (18.01 acres) be acquired for municipal park purposes. Supporting documents submitted were: . Phase 1 Environmental Site Assessment, . Noise Feasibility Study; . Geotechnical Investigation and Slope Stability Analysis Report (with an Addendum), . Functional Servicing Report, . Archaeological Report; and . Traffic Impact Study, On January 25, 2006, the Planning Services Department received from Ridge Pine Park Inc. a Site Plan Approval application which detailed the development. REPORT NO.: PSD-014-06 Page 3 2.2 A public meeting for the proposed official plan amendment and rezoning was held on September 19, 2005. Two Wilmot Creek Community residents spoke at the meeting. The first resident spoke in opposition to the application since he felt the new subdivision was in "greenbelt protected lands" and that more agricultural land was being used for residential purposes. The second resident, the President of the Wilmot Creek Homeowners Association, spoke in support of the application but did note that the Community's existing residential facilities will not accommodate the needs of an expanded community and therefore, the facilities should be expanded. David Rice spoke on behalf of Ridge Pine Park Inc. and gave an overview of the application, noting the proposal is not within the Greenbelt but rather, within the Urban Area. He commented that Ridge Pine Park Inc. is committed to: building both the Waterfront Trail in the vicinity of the residential community and an addition to the Community's recreation facilities building, No commercial uses are proposed for the area, 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The area to be developed is currently vacant. 3.2 The surrounding land uses are as follows: North: CN Railway South: One dwelling on a rural residential lot and Lake Ontario East: West End of Wilmot Creek Community West: the above referenced lot and Bennett Road 4.0 PROVINCIAL POLICY STATEMENT CONFORMITY 4.1 The proposed development is within an urban area and abutting a fully serviced settlement area is, in short, a land use efficiency, consistent with the policy statement. 5.0 OFFICIAL PLAN CONFORMITY 5.1 The Durham Regional Official Plan designates the proposal area as Living Area and the applications conform. 5.2 The Clarington Official Plan designates all of the property as Waterfront Greenway within an urban area, The predominant use of land is for recreation, tourism uses, conservation and agricultural uses. The proposed use does not conform, hence this application. The lands east of the subject property are Urban Residential within Special Policy Area B. The Special Policy Area recognizes the private leasehold community catering to seniors or retired REPORT NO.: PSD-014-06 Page 4 residents. The Clarington Official Plan identifies the property along the edge of lake Ontario as Regulatory Shoreline. Policies of the Waterfront Greenway designation require new development to provide public access to the waterfront, protect natural and cultural heritage resources and ensure land use compatibility. 6.0 ZONING BY-LAW COMPLIANCE 6.1 The property is zoned "Agricultural (A)", The proposal for approximately 66 additional detached dwellings does not conform, hence, this rezoning application. 7.0 AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. Rogers Cable and Clarington Emergency and Fire Services have no objections. Other comments received to date are as follows, 7.2 Having reviewed the Traffic Impact Study, the Ministry of Transportation has no objections. 7.3 Bell Canada and Enbridge Gas have no objections subject to the conditions of site plan approval. 7.4 Clarington Engineering Services advised they have no concerns regarding the proposal. The existing municipal roadways are rural and not urban and the absence of storm sewers combined with no upgrading plans in the foreseeable future led the Department to request that no approval be provided at this time, 7.5 C.N Rail is satisfied with the Noise Feasibility Study, as revised, and an agreement between C.N, Rail and Ridge Pine Park Inc. is being executed at this time. . 7.6 Regional Planning has determined that the proposed residential development is situated within the "Living Area" designation. The remainder of the site is within the "Waterfront - Major Open Space" designation. A Noise Study regarding the C.N. Railway line is required, has been submitted, and has been found to contain appropriate noise control measures including necessary warning clauses to inform future owners, An archaeological assessment is required, Shoreline and erosion control measures are to be addressed to the satisfaction of the Conservation Authority and the Municipality. Water supply and sanitary sewer service is available as internal services privately maintained by Ridge Pine Park Inc, The applicant will be responsible for any external upgrades required to provide adequate servicing for their proposed expansion. This application is considered to have no significant Regional or Provincial concerns and therefore, is exempt from Regional approval. REPORT NO.: P5D-014-06 Page 5 7.7 Central Lake Ontario Conservation is generally satisfied with Terraprobe's original report as augmented by Terraprobe's supplemental report and has no objections regarding slope stability setbacks. The remaining concerns for drainage into the ravine and potential erosion will have to be addressed in the design of the storm water system. 8.0 5T AFF COMMENTS 8.1 Wilmot Creek Community is almost entirely built out. Phases 1 to 6, together with the proposed westerly expansion (Phase 7) of Wilmot Creek Community, will generate fewer total dwelling units (944) than was originally envisioned for the Community through the Clarington Official Plan and its dwelling unit maximum of 960 units. 8.2 The proposed 66 single detached dwellings is consistent with the housing form in the majority of the development, 916 dwelling units being single detached, and the remaining small number of dwelling units being either similar low density - 12 semi-detached, or medium density - 16 townhouses. 8.3 Waterfront access and open space are imperatives of Council and the proposed Waterfront District Park will meet these requirements for this part of the lakeshore. Ridge Pine Park Inc. will construct a portion of the waterfront trail from Bennett Road to connect with the South Service Road providing for a missing link in the trail system. The Waterfront Trail's improvement and integration, other critical objectives of Council, are being secured in the Waterfront Park lands being acquired by the Municipality. 8.4 An emergency access route to the development will be constructed by Ridge Pine Park over the municipal park area along the railway corridor. It will be used, if necessary, by emergency response vehicles to access the Wilmot Creek Adult Lifestyle Community or by residents in the event of an evacuation. The primary access route remains along Wilmot Creek Drive, 8.5 Clarington Engineering Services identified concerns with the proposal as a result of the rural standards of the existing municipal road infrastructure in the area. Expansion to the retirement community will mean additional residents, additional traffic and additional pressure for the Municipality to urbanize Wilmot Creek Drive and Bennett Road from the development to Highway 2, 8,6 The storm water management pond to service these lands is located within the park. The storm water management pond is to be designed to a high amenity standard, including considerable landscaping, to the satisfaction of the Director of Engineering Services, When the precise area of the pond has been determined through the final design, the applicant will reimburse the Municipality for the portion of the purchase price REPORT NO.: PSD-014-06 Page 6 associated with the, lands for the storm water pond and the parkland dedication requirement. 8.7 The development is setback from Lake Ontario to accommodate the Regulatory Shoreline and erosion allowance. The proposed setback for the regulatory shoreline, as described in the Geotechnical Investigation and Slope Stability Analysis Report, and Addendum, is acceptable to both the Conservation Authority and the Municipality and in this way addresses the presence of the regulatory shoreline area. 8.8 Staff is satisfied that for the purposes of the Clarington Official Plan Amendment and the Zoning By-law Amendment the proposal has been sufficiently finalized to proceed with approval. Details, such as final storm water management design, that remain to be completed can be dealt with through site plan approval. The use of the Holding Symbol on the Residential Zone in conjunction with the Site Plan Approval process will ensure all municipal requirements are satisfied. 8.9 The Finance Department advises that the taxes for the subject property have been paid in full. 9.0 CONCLUSION 9.1 The applications have been reviewed in consideration of the comments received from area residents, the circulated agencies, the Clarington Official Plan and Zoning By-law 84-63. In consideration of the comments contained in this report, staff respectfully recommends the adoption of the Official Plan Amendment 48 as contained in Attachment 2, and the rezoning by-law as contained in Attachment 3. Attachments: Attachment 1 - Site Location Key Map and Site Plan Attachment 2 - Proposed Amendment No. 48 to the Clarington Official Plan Attachment 3 - Zoning By-law Amendment Interested parties to be notified of Council's decision: Mr. Ufton Mr. Bruce Hadji Linda Gasser Ridge Pine Park Inc. Sernas Associates Clarington Industrial Services Inc. Mark and Kisbee Barristers and Solicitors Bernie Hirseland, McGraw Hill Construction Jim Reinger ...-...-" --"'-- ..._00' I 01 : ~I ~I ~I ~ : I : I I : I EMERGENCY ACCESS ~ \ "'\. r \ .) . \-- \ \ .~ \ I ... r \. . --- - . ---'" o _ r-- -"'"\ ~ - Attachment #1 To Report # PSD-114-06 SiREEi 0 LAKE ONTARIO Newcastle Key Map Cl <( o 0:0 E z z W lD tV-\. iV"ILIN/>.i V,KE ONTARIO COPA 2005-007 Clarington Official Plan Amendment ZBA 2005-030 Zoning By-law Amendment o Lands Subject to Application [ ] Wilmot Creek Retirement Community Expansion Area Owner: Ridge Pine Park Attachment 2 To Report PSD-014-06 AMENDMENT NO. 48 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The Amendment implements the following land use changes: . The Urban Residential area and Special Policy Area B coinciding with the Wilmot Creek Adult Lifestyle Community is expanded onto lands to the west thereof and south of the CNR in order to permit the expansion of the Wilmot Creek Community, . A District Park symbol is to be placed on the area of a future Municipal Waterfront Park. BASIS: The Amendment is based on an application submitted by Ridge Pine Park Inc" the owners of Wilmot Creek Adult Lifestyle Community. LOCATION: The Amendment applies to approximately 14 hectares (34 acres) in Part Lot 4, Broken . Front Concession, Former Township of Darlington, east of Bennett Road, south of the CN Railway and west of the existing Wilmot Creek Community, The Phase 7 or westward expansion of Wilmot Creek Community applies to an area approximately 6 hectares (15 acres) in the east half of the above property. The balance of the property in the west half is to remain Waterfront Greenway but it will have a District Park symbol. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1 By amending Map A 1 (Darlington) Land Use as shown on Exhibit "A": IMPLEMENTATION: The provIsions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this Amendment. Attachment 2 To Report PSD-014-06 EXHIBIT "A" AMENDMENT No. 48 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN MAP A 1 (DARLINGTON), LAND USE, DARLINGTON RURAL AREA LOT 5 LOT 4 LOT 3 LOT 2 o <( o a::: o a::: <( ~ u 401 a::: SPECIAL z o en en w u z o U I- Z o 0:: u. Z w ~ o 0:: CO Add District Park Symbol ONTARIO Redesignate To Urban Residential Revise Boundary Of Special Policy Area lIBlI Attacnment ,j To Report PSD-014-06 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2006~ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement application ZBA 2005-030; NOW THER.EFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 13.4 "SPECIAL EXCEPTION - URAN RESIDENTIAL TYPE rvvo (R2) ZONE" is hereby amended by adding thereto, the following new Special Exception 13.4.42 as follows: "13.442 URBAN RESIDENTIAL EXCEPTION (R2-42) ZONE" For the purposes of establishing density, the total number of dwelling units in the R2-16, R4-20 and R2-42 zones shall not exceed 960 mobile home/single detached dwellings. A) PERMITIED USES Only single detached dwellings are permitted. B) REGULATIONS FOR PERMITTED USED Each single detached dwelling shall be located on a single land-leased parcel. For the purposes of this exception zone, the following specific regulations shall apply as if the land-leased parcels are lots: a) b) c) d) e) Site Area (minimum) Site Coverage (maximum) Landscape Open Space (minimum) Gross Floor Area (minimum) 400 square metres 45% 30% 80 square metres Yard Requirements (minimum) i) Front and Exterior Side Yards 4.5 metres to dwelling and 1.0 metres to garage or carport ii) Rear Yard 7.5 metres Hi) Side Yard that abuts a Residential Zone 1.5 metres iv) Side Yard that abuts a Non-Residential Zone 3.0 metres f) Building Height (maximum) 10.0 metres g) For the purposes of this By-law a carport shall mean a roofed enclosure which may be attached or detached to a single detached dwelling, used for the storage or parking of a motor vehicle and has at least 40% of its total perimeter open and unobstructed. 2. Schedule "1u to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding-Urban Residential Exception ((H)R2-42) Zone" and "Environmental Protection (EP) Zone" as illustrated on the attached Schedule "Au hereto. 3. Schedule "Au attached hereto shall form part of this By-law. 4. 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 read a first time this day of 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2006- passed this day of , 2006 A.D. , C5 ( \ ./ ./.-.- ~-- \ ) \ \ "I \.. I " I C , It. "I.. '\ .~. LAKE ONTARIO Zoning Change From "A" To "(H)R2-42" Zoning Change From "An To uEP" Zoning To Remain "Epu Patti L Barrie, Municipal Clerk John Mutton, Mayor II II II LAKE ONTARIO Wilmot Creek Attachment 3 To Report PSD-058-06 CORPORATION OF THE MUNIC~PALlTY OF CLARINGTON BY-LAW NUMBE~~ 2006-_ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement application ZBA 2005-030; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 13.4 "SPECIAL EXCEPTION - URAN RESIDENTIAL TYPE TWO (R2) ZONE' is hereby amended by adding thereto, the following new Special Exception 13.4.42 as follows: "13.4.42 URBAN RESIDENTIAL EXCEPTION (R2-42) ZONE" For the purposes of establishing density, the total number of dwelling units in the R2- 16, R4-20 and R2-42 zones shall not exceed 960 mobile home/single detached dwellings. A) PERMITTED USES Only single detached dwellings are permitted. B) REGULATIONS FOR PERMITTED USED Each single detached dwelling shall be located on a single land-leased parcel. For the purposes of this exception zone, the following specific regulations shall apply as if the land-leased parcels are lots: a) Site Area (minimum) 400 square metres b) Site Coverage (maximum) 45% c) Landscape Open Space (minimum) 30% d) Gross Floor Area (minimum) 80 square metres e) Yard Requirements (minimum) i) Front and Exterior Side Yards 4.5 metres to dwelling and 1.0 metres to garage or carport ii) Rear Yard 7.5 metres iii) Side Yard that abuts a Residential Zone 1.5 metres iv) Side Yard that abuts a Non-Residential Zone 3.0 metres f) Building Height (maximum) 10.0 metres g) For the purposes of this By-law a carport shall mean a roofed enclosure which may be attached or detached to a single detached dwelling, used for the storage or parking of a motor vehicle and has at least 40% of its total perimeter open and unobstructed. 2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding-Urban Residential Exception ((H)R2-42) Zone" and "Environmental Protection (EP) Zone" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. THAT By-law 2006-024 is hereby REPEALED. 5. By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk - This is Schedule "A" to B'y-Iaw 2006- passed this __ day of _ , 2006 A.D. =--= f (C' ~~<. , /~ , - ! <, /~ ..... j ,'---' ;; /' \ ) --- /" '\... I ( 1\ ~_ -- LAKE John Mutton, MG/:J ---------- ~-- L/ / -l~ I i o <( o 0:: s z z w CD Wilmot Creeh ~~ I uuu.u.u.uuuuul ttt.rIIt@;tt Zoning Change From "A" To "(H)R2,42" Zoning Change From "A" To "EP" Zoning To Remain "EP" Potti L. Borrie, Municipal Clerk _ A~/ ~---~~ \.. II ~~ ___ \ II_~ I -===~---- -~ CANADlif'J-=-~ :::::::::-~___~ I NATlONAI~ Subject ----+t- II I Site , II II --rr '- ILL/---Il__ II I '----~-- -~-...._---- LAKE ONTARIO ----..,