Loading...
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