HomeMy WebLinkAbout2009-033CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-033
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 Municipality of
Clarington for ZBA 2007-0005;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 15.4 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE TWO
(R4)) ZONE" is hereby amended by adding a new "Urban Residential Exception
(R4-30) Zone" as follows:
"15.4.30 URBAN RESIDENTIAL EXCEPTION (R4-30) ZONE
Notwithstanding Sections 15.2a., 15.2c., 15.2e., 15.2f., and 15.2g.,
on those lands zoned "R4-30" on the attached Schedule to this By-
law shall be subject to the following zone regulations:
a. Definitions
i) Underground Parking Structure
Shall mean a part of a building which is provided and
maintained for the purpose of parking vehicles, which is
generally located below finished grade and shall include
parking spaces, parking aisles and access ramps, common
areas for stairs and elevators, storage areas for tenants, and
mechanical rooms.
b. Permitted Uses:
i) apartment building
ii) townhouses
c. For the lands zoned "R4-30" the following regulations shall apply:
i) Lot Coverage (maximum) 25%
ii) Landscaped Open Space (minimum) 40%
iii) The maximum height of any retaining wall on the property
shall be 1.5 metres.
iv) A landscape strip a minimum of 3.0 metre in width is
required along the north end save and except for the
driveway.
d. For the apartment building the following regulations shall apply
i) Dwelling Units (maximum) 177 units
ii) Yard Requirements (minimum)
a) Westerly setback to adjacent
Residential Zone 14 metres
b) Northerly setback to C1-39 zone 7 metres
c) Easterly setback 9 metres
d) Setback to "EP" zone limit 25 metres
e) Setback to townhouse located on
the same property 20 metres
iii) Building Area Coverage (maximum) 2900 m2
iv) Building Height (maximum) 8 storeys, not including
rooftop mechanicals or a mechanical penthouse, of which a
minimum of 50% of the total building footprint shall not
exceed 6 storeys, excluding rooftop mechanicals or a
mechanical penthouse.
v) Parking Spaces (minimum) 330
vi) Underground Parking Structure Yard Requirements
(minimum)
a) Westerly setback to adjacent residential zone
1 metre
b) Northerly setback to "C1-39" zone 1 metre
c) Easterly setback 9 metres
d) Setback to "EP" zone limit 25 metres
vii) Notwithstanding Section 15.4.30 f)i), air intake or exhaust
shafts constructed in association with the underground
parking structure may be permitted to project to a maximum
of 1.2 metres above adjacent finished grade and to a
maximum of 0.5 metres into any required yard.
viii)An outdoor amenity area, a minimum of 1400 m2, for the
apartment building shall be located on the roof of the 6
storey portion of the apartment building.
e. For the townhouse building the following regulations shall apply:
i) Townhouse Dwelling Units (maximum) 6 units
ii) Yard Requirements (minimum)
a) Westerly setback to adjacent residential zone
28 metres
b) Setback to apartment building located on
the same property 20 metres
c) Setback to "EP" zone limit 3 metres
Building Height (maximum) 10.5 metres
2.
1
iv) Parking Spaces (minimum)
v) Location of Parking Spaces
vi) Visitor Parking Spaces (minimum)
12
A maximum of 30 metres
from any exterior wall of
the townhouse units
vii) Building Area Coverage (maximum)
2
500 mz
In addition to the provisions of Section 3.11, those lands zoned "R4-30" on the
Schedules to this By-law shall be subject to the following:
a. The Holding symbol shall only be removed from the Urban Residential
Exception (R4-30) Zone when the following provisions are met:
i) A site plan agreement for high density uses is executed with the
Municipality;
ii) Driveway access to Darlington Boulevard is to the Municipality's
satisfaction;
iii) Noise mitigation is to the Municipality's satisfaction; and
iv) Any necessary cross-access easements for access to Durham
Highway 2 are created to the satisfaction of the Municipality.
Schedule "4" to By-law 84-63 as amended, is hereby further amended by
changing the zone designation from:
"Holding-Urban Residential Type One ((H)R1) Zone" to
"Holding -Urban Residential Exception ((H)R4-30) Zone";
"Holding-Urban Residential Type One ((H)Rt) Zone" to
"Environmental Protection (EP) Zone";
"Holding -Urban Residential Type One ((H)Rt) Zone" to
"General Commercial Exception (Ct-39) Zone".
As illustrated on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of the By-law.
5. This By-law shall not be deemed to come into force on the day it was passed
until the amendment to the Official Plan Amendment comes into effect.
BY-LAW read a first time this 2nd day of March, 2009
BY-LAW read a second time this 2"d day of March, 2009
BY-LAW read a third time and finally passed this 2nd day of March, 2009
-- _ - -
i~ _ ~ __
~ _ ~_-: ~-
_ - 4 ~'
Patti arri unicipal Clerk
This is Schedule "A" to
passed this Znd day of
By-law 2009- 033
March ' 2009 A.D^
7
Zoning To Remain "EP"
®Zoning To Remain "R1"
®Zoning To Remain "(H)R1
Mayor
®Zoning Change From "(H)R1" To "(H)R4-30"
~ Zoning Change From "(H)R1"_ ~~"C1-39"
®Zoning Change From "~ To "EP"_
~•~~,.
COURTICE
Clerk