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Report To: Planning and Development Committee
Date of Meeting: May 14, 2018
Report Number: Addendum 2 to PSD -024-18 Resolution Number: PD -098-18 & PD -099-18
File Number: ZBA2016-0010 By-law Number:
Report Subject: A revised application by MODO Bowmanville Towns Ltd. for a
rezoning to permit 414 residential units in a townhouse and
apartment development in the Bowmanville West Urban Centre
Recommendations:
That Report PSD -024-18 and the Addendum Reports be received;
Option A
2. That the revised Zoning By-law Amendment application (ZBA 2016-0010) to permit a
414 unit development submitted by MODO Bowmanville Towns Ltd. be approved and
the by-law passed as contained in Attachment 1 to Addendum 2 to Report PSD -024-18;
Or
Option B
2. That the revised Zoning By-law Amendment application (ZBA 2016-0010) submitted by
MODO Bowmanville Towns Ltd. be denied and that the previous proposal for 103 unit
townhouse project be approved and the Bylaw passed as contained in Attachment 2 to
Addendum 2 to Report PSD -024-18;
3. That notwithstanding Section 45(1.3) of the Planning Act, Council permits the
submission of minor variances application to the Committee of Adjustment for relief from
the maximum lot coverage, minimum landscape open space and setbacks to a private
street provisions of the zoning for the subject lands, if necessary;
4. That once all conditions contained in the Official Plan with respect to the removal of the
(H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding
Symbol be approved;
Municipality of Clarington
Addendum 2 to Report PSD -024-18 Page 2
5. That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD -024-18,
Addendum Report PSD -024-18 and Council's decision; and
6. That all interested parties listed in Addendum Report PSD -024-18 and any delegations
be advised of Council's decision.
Municipality of Clarington
Addendum 2 to Report PSD -024-18
Report Overview
Page 3
This is the second Addendum report to PSD -024-18. During the consideration of the higher
density proposal for MODO South, concerns arose from people who had entered into
conditional agreements to purchase a townhouse in the proposed common elements
condominium project. As a result Council referred the report to the May 14, 2018 Planning and
Development Committee meeting.
On May 7, 2018, Katlin Corporation forwarded a letter to Council regarding their proposal to
address concerns by purchasers of units in MODO South. Their letter states that in the event
that Council decides to approve the higher density project on the MODO South site, "every
single customer who took a reservation to buy at MODO South will be given the opportunity to
buy a unit of the same size and floorplan at the exact same price in the Modo Urban Towns or
another one of our projects this year".
Staff continue to recommend the approval of the revised rezoning application for a 414 unit
townhouse and apartment development with an overall minimum density of 170 units per
hectare.
Land use planning decisions should not be based on concerns regarding conditional sales
agreements. To do so could distort the planning process and Municipal land use policies.
1. Background
1.1 After 18 months of trying to negotiate a higher density design for the MODO South site,
at the March 12, 2018 Planning and Development Committee staff recommended that
the proposal for rezoning for a 103 unit condominium townhouse development be
denied. Council subsequently referred the matter back to staff to review alternatives
with Kaitlin.
1.2 At the April 23, 2018 Planning and Development Committee, an addendum report was
prepared to outline a revised proposal for a 414 unit condominium project comprised of
two apartment buildings and back-to-back stacked townhouses. Addendum to Report
PSD -024-18 is attached (Attachment 1). At the Public Meeting four residents spoke
regarding concerns about the proposed development, primarily the density, traffic and
safety, although there was some recognition of the transition from higher to lower
density. One of those residents indicated that she had entered into a conditional
agreement with Kaitlin to reserve a unit and had made a deposit. Her concern was that
with the increase in housing prices since 2016, she would no longer be able to afford a
similar unit.
Municipality of Clarington
Addendum 2 to Report PSD -024-18
Page 4
1.3 At the April 30, 2018, meeting, Council heard delegations from Vito Petruzzelli and Julie
Heaton regarding their reservation agreements to purchase townhouse units within a
future common -elements condominium.
Council passed a resolution (as amended later in the meeting) as follows:
Resolution # C- 129- 18
Moved by Councillor Partner seconded by Councillor Neal
That Addendum Report PSD -024-18 be referred to the May 14, 2018 Planning and
Development Committee meeting.
1.4 Since that meeting, Council and staff have received written submissions from 11
purchasers.
2. Discussion
Conditional Agreements
2.1 It is now apparent that Kaitlin was marketing units in MODO North and MODO South
shortly after submitting their applications for rezoning and draft plan of subdivision. The
general timeline is as follows:
x The applications were filed in April and deemed complete on May 9, 2016.
x On May 25, 2016 a Public Information Centre was conducted for residents and
businesses within 120 metres of the site.
x On May 28, 2016 Kaitlin commenced sales of the MODO development.
x On June 6, 2016 a Public Meeting was held by the Planning and Development
Committee.
x On March 19, 2017 the first phase of the MODO North development was rezoned.
x On April 25, 2017 draft approval was issued for the draft plan of subdivision.
x On September 22, 2017 the plan of subdivision was registered.
x On March 19, 2018 the remaining phases of MODO North were rezoned.
x On March 19, 2018 staff recommended the denial of the MODO South application.
Municipality of Clarington
Addendum 2 to Report PSD -024-18 Page 5
2.2 Residents with conditional agreements have advised that the sale of MODO projects
commenced on May 28, 2016. The people who have contacted the Municipality
indicated that they entered into agreements with Kaitlin in May and June of 2016. The
conditional agreements are purchase and sale agreements with a reservation clause
that provided for the agreement to become binding upon Kaitlin issuing a Notice of Draft
Approval. Kaitlin has advised that they have not provided such a notice.
2.3 The MODO South lands remain zoned Agriculture (A). The application as submitted by
Kaitlin has not been recommended for approval due to non -conformity with the Official
Plan. Staff's efforts through 2016 and 2017 focused on ensuring that various
applications in the vicinity of the future GO Rail station were designed at densities that
are transit -supportive and provide a greater array of housing and accessibility
opportunities appropriate around a Transportation Hub.
2.4 The Municipality was not a party to the conditional agreements. The commitments
contained in those contracts are a private matter outside of the scope of the planning
process.
Kaitlin's Letter offering units in the MODO Brookhill Project
2.5 On May 7, 2018 Kaitlin submitted a letter (Attachment 2) to Council outlining their
intensions to treat customers fair and equitably addressing concerns regarding the
lapse of time and the change in housing prices. The letter advised that "every single
customer who took a reservation to buy at MODO South will be given the opportunity to
buy a unit of the same size and floorplan at the exact same price in the MODO Urban
Towns or another one of our projects this year."
2.6 The MODO Urban Towns project on Brookhill Boulevard is hereafter referred to as
MODO Brookhill. The development project is located between Boswell Drive and Green
Road on the south side of Brookhill Boulevard and immediately north of Walmart and
Canadian Tire (see Figure 1.)
Municipality of Clarington
Addendum 2 to Report PSD -024-18
Page 6
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Figure 1: Location Map of MODO South and MODO Brookhill
Municipality of Clarington
Addendum 2 to Report PSD -024-18
Page 7
2.7 The recently revised project proposes three condominium blocks shown on Figure 2 as
follows:
Block 1: Mixed Use Site
4 Dual Frontage Townhouses
Boswell Drive
10 Back -to -Back Townhouses
88 Apartment units in a Six Storey Building
Block 2: Townhouse Site
57 Dual Frontage Townhouses
Brookhill Boulevard
54 Back -to -Back Townhouses
Block 3: Apartment Site
118 Apartment units in a Six Storey
Green Road
Building
2.8 MODO Brookhill project is located within the Bowmanville West Urban Centre. It is
comparable in many ways with the MODO South project with easy access to
commercial areas, schools, existing parks, valleyland areas and trails with the exception
of not being located adjacent to the railway and future GO Rail station. It is also further
away from the high density area around the Transportation Hub.
2.9 Kaitlin is the only developer currently building back-to-back townhouses. There were 61
back-to-back townhouses in MODO South. The MODO Brookhill site can accommodate
both back-to-back and dual frontage townhouse units.
Block Bock 2
a ..• �.
Block• -
Dual Frontage Townhouses
Dual Frontage Townhouses
- Back-to-back Townhouses
Apartment Buildings
Figure 2: Preliminary Site Plan for MODO Brookhill
Municipality of Clarington
Addendum 2 to Report PSD -024-18
Page 8
2.10 It should be noted that the MODO Brookhill project has had one public meeting but has
not been rezoned as yet. A revised application has recently been submitted and is
scheduled for a public meeting in June. Staff would take all appropriate steps to move
this application forward in an expeditious manner but the regular planning approval
process would be followed, including input from surrounding residents will be
considered. The MODO Brookhill project has been revised so that it now conforms with
the Official Plan.
MODO South Rezoning Options
2.11 Further to Council's discussion, staff have prepared two zoning by-laws for
consideration:
x Option A (Attachment 3) is based on the revised proposal prepared in discussions
with staff and Kaitlin. It provides for the 414 unit condominium proposal containing a
mix of apartments and stacked back-to-back townhouses. It is staff's
recommendation that this option be approved based on the rationale provided in
Addendum Report 1.
x Option B (Attachment 4) is based on the original proposal for a 103 unit common -
element condominium block with back-to-back townhouses on the interior and dual
frontage townhouses adjacent to Green Road and Prince William Boulevard.
2.12 Both by-laws have been reviewed by Kaitlin's planner and architect. The zoning
amendment contained in Option B maintains many of the same performance standards
contained in the zoning by-law for MODO North.
MODO South Site Plan
2.13 The MODO South site plan application was submitted in October 2016 but it has not
been fully reviewed by Planning staff due to the ongoing discussions. From an
architectural view, the units are very similar to MODO North and there would only be
minor changes, if any. However, if Council were to direct staff to proceed with Option B
and approve a lower density zoning on the site, staff would be seeking changes to the
site layout through the site plan approval process generally as follows:
x Revising the location of the dual frontage townhouses to comply with performance
standards used in MODO North.
x Relocating the amenity area away from the entrance, where there would be more
traffic as vehicles enter the site, and relocating it to a more central location with less
traffic;
x Relocating the first bank of back-to-back townhouses to be parallel to the street
south of the dual frontage townhouses on Clarington Boulevard;
x Providing an open space connection from Green Road and Clarington Boulevard to
the Amenity Area; and
Municipality of Clarington
Addendum 2 to Report PSD -024-18
Page 9
Figure 3: Site Plan Considerations
3. Concurrence
Not applicable.
4. Conclusion
4.1 Staff continue to recommend that Option A be approved to allow a 414 unit
condominium comprised of apartments and stacked townhouses with a density of 173
units per hectare.
4.2 Kaitlin has agreed to provide people who entered into conditional agreements in MODO
South with the same type of units in the MODO Brookhill project within the Bowmanville
West Urban Centre. In staff's view, this is a very positive step.
4.3 Decisions on planning applications should be based on the planning merits of the
application. Private contracts between developers and purchasers should not become
the basis for a planning decision as it could distort the planning process and the land
use policies that Council has established.
5. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Municipality of Clarington
Addendum 2 to Report PSD -024-18
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP
Director of Planning Services
Page 10
Andrew C. Allison, B.Comm, LL.B
Chief Administrative Officer
Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or
ataylorscott(a-clarington.net
DJC/nl
Attachments:
Attachment 1
— Attachment 1 — Addendum 1 to Report PSD -024-18 (Please go to link)
Attachment 2
— Letter from Devon Daniell, Kaitlin Corporation dated May 7, 2017
Attachment 3
— Proposed Zoning By-law Amendment for 414 unit development
Attachment 4
— Proposed Zoning By-law Amendment for 103 unit development
The list of the interested parties to be notified of Council's decision is available in the Planning
Services Department.
-L--rviAFLOALW
May 7, 2018 M O
Mayor's Office DO
40 Temperance Street
MODERN
Bowmanville, ON L1C 3A6 DC)V\
DOWNTOWN
RE: Addendum to Report PSD -024-18 (MODO South)
Dear Mayor Foster and Members of Council,
I would like to take another opportunity to respond to some comments made at the Council Meeting on April
30th and reiterate our position on this matter.
I do not want to go over all of the planning arguments for/against both the original and higher density plans
for Modo South here, as I believe this has been done extensively by your staff and our consultants to this point.
What I do want to do is advocate for a final decision one way or another by Council on May 14th. Aside from
getting construction going, our customers need to be able to make their own financial and life decisions in this
softening real estate market.
There were a number of questions surrounding our customers and their ability to move into this market and
community that I'd like to address more specifically right now with the hope that further transparency helps
expedite a decision. I can unequivocally say that regardless of what your decision is, we will treat our customers
the same way we always have: fairly and equitably. In the event of a decision to go with the requested higher
density plan: every single customer who took a reservation to buy at Modo South will be given the opportunity
to buy a unit of the same size and floorplan, at the exact same price at Modo Urban Towns or another one of
our projects this year.
Modo Urban Towns (current name) is a project 500 meters north on Green Road with some of the exact same
types of homes. The units are essentially the same design as Modo South, save for a few minor changes related
to slightly different elevation style choices between the two projects. The project planning is well underway
with your staff and we are hoping to have a public meeting in June and obtain approvals in September.
In closing I'd like to again stress our strong desire for a final decision on Modo South on May 14th. Our goal is
to get our customers into some form of Modo townhouse in Bowmanville and we need some closure on this
site before we do that.
Yours truly,
Modo Bowmanville Towns Ltd.
Devon Daniell
A.S.O.
CC: Municipal Clerk
28 Sandiford Drive, Suite 201, Stouffville, ON L4A 1L8
T 905-642-7050 F 905-642-8820 E info@kaitlincorp.com W kaitlincorp.com
-L-
Attachment 3 to
Addendum 2 to Report PSD -024-18
Corporation of the Municipality of Clarington
By-law Number 20 -
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, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2016-0010;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) ZONE" is
hereby amended by adding thereto, the following new Special Exception:
"14.6.55 Urban Residential Exception (R3-55) ZONE
Notwithstanding 3.1 g. iv), 3.16 d., 14.1 a., 14.4 a. c., e., f. and g., those lands
zoned "R4-43" on the Schedules to this By-law permitted uses shall also include
Stacked Townhouse Dwellings, and shall only be used subject to the following
zone provisions:
a. Density
i) minimum
100 units per net hectare
ii) maximum 120 units per net hectare
b. Yard Requirements for Stacked Townhouse Dwellings (minimum)
i) Front Yard
i. Dwelling 4.0 metres
ii. Porch 2.0 metres
ii) Exterior Side Yard
i. Dwelling 4.0 metres
ii. Porch 2.0 metres
iii) Interior Side Yard 5 metres
iii) Minimum setback to a private street, parking space or sidewalk
1.5 metres
iv) Minimum setback between dwellings without a common wall 5.5
metres
C. Stacked Townhouse Dwelling Height
i) Minimum 4 storeys
ii) Maximum 5 storeys
d. Parking Aisle Width (minimum) 6.5 metres
e. Parking Structure Regulations
i) Setback from property line (minimum) 0.5 metres
ii) Height of Parking Deck Structure (maximum) 4 metres
above at -grade parking
iii) No portion of the underground parking structure, above finish grade,
shall be located within the front yard or exterior side yard, with the
exception of air intake or exhaust shafts not exceeding 0.5 metres
above finished grade.
f. Bicycle Parking (minimum)
i) 0.5 space per dwelling unit
ii) 75% of the required spaces shall be within a building or structure.
g. Minimum outdoor amenity space 4 square metres per unit"
h. Required amenity space and parking spaces may be provided in adjacent
R4-43 Zone.
i. The provisions of Section 3.1 g. (iv) continue to apply, except where they
are in conflict with the yard requirements for a porch in Section 14.6.55 b.
of this exception zone.
j. Required amenity space and parking spaces may be provided in adjacent
R4-43 Zone."
2. Section 15.4 "Special Exceptions — Urban Residential Type Four (R4) ZONE" is
hereby amended by adding thereto, the following new Special Exception:
15.4.43 Urban Residential Exception (R4-43) ZONE
Notwithstanding 3.1 g. iv), 3.16 d., 15.2 a. and c. i) and ii), 15.2 g., 15.2 h., 15.2 i,
those lands zoned "R4-43" on the Schedules to this By-law permitted uses shall
only be used subject to the following zone provisions:
a. Density
i) minimum 200 units per net hectare
ii) maximum 240 units per net hectare
b. Yard Requirements (minimum)
i) Front Yard 6 metres
ii) Interior Side Yard 4 metres
C. Building Height
i) Minimum 6 storeys
ii) Maximum 11 storeys
d. Parking Aisle Width (minimum) 6.5 metres
e. Parking Structure Regulations
i) Setback from property line (minimum) 0.5 metres
ii) Height of Parking Deck Structure (maximum) 4 metres
above at -grade parking
iii) No portion of the underground parking structure, above finish grade,
shall be located within the front yard or exterior side yard, with the
exception of air intake or exhaust shafts not exceeding 0.5 metres
above finished grade.
f. Bicycle Parking (minimum)
i) 0.5 space per dwelling unit
ii) 75% of the required spaces shall be within a building or structure.
g. Minimum indoor amenity space 2 square metres per unit
h. Minimum outdoor amenity space 4 square metres per unit"
Required amenity space and parking spaces may be provided in adjacent
R3-55 Zone.
Any communication equipment other than an antenna must be contained
within the building or mechanical penthouse."
2. Schedule `3' 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)R3-55) Zone"
and
Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)R4-43) Zone"
as illustrated on the attached Schedule `A' hereto.
3. Schedule `A' attached hereto shall form part of this By-law.
4. Special provisions for removing the (H) Holding Symbol from the R3-55 and R4-43
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 R3-55 and R4-43 Zone when:
a) Durham Region provides clearance with respect to the Environmental Site
Assessment, Archaeological Study, and Noise Study;
5. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and 36 of the Planning Act.
By -Law passed in open session this day of 12018
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D.
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Zoning Change From "A" To "(H)R4-43"
Bowmanvilie • ZBA 2016-0010 • Schedule 3
Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk
I:\ADepartment\LDO NEW FILING SYSTEMWpplication Files\ZBA-Zoning\2016\ZBA2016-0010 MODO\Staff Report\Recommendation Apr 23 2018Wttachment 1 to Addendum
Report PSD-024-18.docx
Attachment 4 to
Addendum 2 to Report PSD -024-18
Corporation of the Municipality of Clarington
By-law Number 20--
being
0-
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, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2016-0010;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 14.6 "Special Exceptions — Urban Residential Type Three (R3) ZONE" is
hereby amended by adding thereto, the following new Special Exception:
"14.6.55 Urban Residential Exception (R3-55) ZONE
Notwithstanding 3.1 g. iv), 3.16 d., 14.1, 14.2, 14.3 and 14.4, on those lands zoned
"R3-55" on the Schedules to this By-law shall only be used subject to the following
zone provisions:
a. Permitted Residential Uses Link townhouse dwelling
Stacked Townhouse dwelling
b. Density
i) minimum
ii) maximum
C. Lot coverage (maximum)
d. Landscaped Open Space (minimum)
e. Private Street Width (minimum)
f. Outdoor Amenity Space (minimum)
g. Building Height (maximum)
h. Driveway Length (minimum)
43 units per net hectare
60 units per net hectare
50%
30%
6.5 metres
4.0 square metres per unit
12 metres
5.7 metres
Regulations for Link Townhouse Dwellings
5.7 metres
For the purpose of establishing regulations for each Link
Townhouse Dwelling, the following specific regulations shall apply
as if each unit is located on a lot.
Where a Link Townhouse Dwelling Lot is a through lot with frontage
on both a Public Street and a Private Street, the lot line along the
Public Street shall be deemed the Front Lot Line.
Lot Area (minimum) 100 square metres
Lot Frontage on a Public Street (minimum) 4.5 metres
Yard Requirements for units fronting onto Public Street (minimum)
a) Front Yard and Exterior Side Yard to a Public Street
(i). Dwelling 4.0 metres
(ii). Porch 2.0 metres
b) Interior Side Yard 1.5 metres, nil where
a building has a common
wall with any building on
an adjacent lot in the
same zone
C) Rear Yard Adjacent to a Private Street 5.7 metres
d) Dwelling Setback
(i). To Sidewalk
(ii). To a Private Street
2.0 metres
3.5 metres
e) Notwithstanding 14.6.55 g. v) (b), an unenclosed and
uncovered deck with a minimum height of 2.5 metres may
encroach in the required rear yard a maximum of 3.7 metres
provided the outdoor parking space is provided at grade.
Regulations for Stacked Townhouse Dwellings
i) For the purposes of establishing regulations for each Stacked
Townhouse Dwelling, the following specific regulations shall apply
as if each unit is located on a lot
ii) Lot Area (minimum) 85 square metres
iii) Lot Frontage on a Public Street (minimum) 6.5 metres
iv) Yard Requirements for Stacked Townhouse Dwellings fronting onto
Private Street (minimum)
a) Front Yard
(i). Dwelling
(ii). Porch
b) Interior Side Yard
c) Rear yard setback
d) Dwelling setback
(i) To Sidewalk
(ii) To a Private Street
(iii). To a Public Street
4.0 metres
2.0 metres
1.5 metres, nil where
abuilding has a common
wall with any building on
an adjacent lot in the
same zone.
1.5 metres, nil where
abuilding has a common
wall with any building on
an adjacent lot in the
same zone.
1.5 metres
2 metres
30 metres
2. Schedule `3' 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)R3-55) Zone" as illustrated on the attached Schedule `A' hereto.
3. Schedule `A' attached hereto shall form part of this By-law.
4. Special provisions for removing the (H) Holding Symbol from the R3-55.
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 R3-55 Zone when:
a) Durham Region provides clearance with respect to the Environmental Site
Assessment, Archaeological Study, and Noise Study;
5. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and 36 of the Planning Act.
By -Law passed in open session this day of , 2018
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2018-
, passed this day of
, 2018 A.D.
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Bowmanville •
ZBA 2016-0010 • Schedule 3
C. Anne Greentree, Municipal Clerk
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Attachment 1 to Addendum Report PSD-024-18.docx