HomeMy WebLinkAboutPSD-072-09Leadiaeg the'Wey
~-~'~ REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, July 6, 2009 ~ esol~-; em ~~P~' 4~b- o`~
Report #: PSD-072-09 File #: ZBA 2008-0022 and By-law #: z~ o~ _ ~ ~
S-C 2007-0004
Subject: ZONING BY-LAW AMENDMENT AND MODIFICATION TO DRAFT
APPROVED PLAN OF SUBDIVISION
APPLICANTS: BAYSONG DEVELOPMENTS INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-072-09 be received;
2. THAT the proposed Amendment to Condition 1 of the Conditions of Draft Approval for
Draft Approved Plan of Subdivision S-C-2007-0004 submitted by Baysong
Developments Inc. be APPROVED, as contained in Attachment 2, and that the Director
of Planning Services be AUTHORIZED to amend: the Draft Approved Plan upon receipt
of the red-line revised draft Plan of Subdivision;
3. THAT the application for Zoning By-law Amendment (ZBA 2008-0022) submitted by
Baysong Developments Inc. as contained in Attachment 4 be PASSED;
4. THAT the Region of Durham Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-072-09; and
5. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed by:
ayy~~d J. ro~~ppJJ MCIP, R
Director, Plarf"ning Services
CS/CP/sh/df
June 29, 2009
in Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)6233379 F (905)623-0830
REPORT NO.: PSD-072-09 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant/Owner: Baysong Developments Inc.
1.2 Agent: Tunney Planning Inc.
1.3 Proposed Rezoning: To change the current zoning on this property from:
"Agricultural Exception (A-1) Zone", "Holding-Urban
Residential Exception ((H) R1-72) Zone", "Holding-Urban
Residential Exception ((H) R2-53) Zone", "Holding-Urban
Residential Exception ((H) R2-54) Zone", "Holding-Urban
Residential ((H)R2-55) Zone", "Holding-Urban Residential
Exception((H) R2-56) Zone", "Holding-Urban Residential
Exception ((H) R2-57)", "Holding Urban Residential
Exception ((H) R3-31) Zone", to appropriate zones to permit
the following:
• Increase the number of 10 metre residential lots from
127 to 137;
• Increase the number of 12 metre residential lots from
144 to 150;
• Decrease the number of 11 metre residential lots from
49 to 3;
• Introduce 29 new 11.3 metre residential lots;
• Allow 22 street townhouse units in a mixed use
commercial/residential block identified as Block 925 on
the Draft Approved Plan;
• Reduce the interior side yard setbacks;
• Increase lot coverage by eliminating unenclosed
porches and decks from the lot coverage provision;
• Allow bay windows with foundation to project up to 0.75
metres into a required yard;
• Reduce front yard, and exterior yard setbacks for porch
steps; and
• Reduce the sight triangles from 7.5 metres to 6.5
metres.
The number of residential units will remain at 907 units.
1.4 Modification to Draft Approved Plan of Subdivision S-C 2007-0004:
To make the appropriate adjustments in the lotting fabric to
recognize changes in lot sizes and to add 22 townhouse
units.
1.5 Area:
46.841 hectares
1.6 Location: The subject lands are located on the north side of
Concession Road 3, west of Middle Road and east of
Regional Road 57, being in Part Lots 13 and 14, Concession
3 in the former Township of Darlington (Attachment 1).
REPORT NO.: PSD-072-09
PAGE 3
2.0 .BACKGROUND
2.1 In March 2008, Council authorized the Director of Planning Services to issue Draft
Approval of Plan of Subdivision S-C 2007-0004, submitted by Baysong Developments
Inc., 2084165 Ontario Limited and Kirk Kemp and Douglas Kemp. The implementing
zoning by-law amendment, By-law 2008-0065, was approved at that time.
2.2 On September 17, 2008, Baysong Developments Inc. submitted an application for
rezoning. The application was amended on several occasions by the applicant's agent
and was finally deemed complete on December 18t", 2008. The subject application
proposes to make changes to various lot frontages and introduce lots having 11.3
metres lot frontage to accommodate a dwelling with an attached two car garage. In
addition, the proposed rezoning would increase lot coverage and reduce setbacks to
allow for various architectural styles.
The rezoning and proposed modification to the Draft Approved Plan proposes to add 22
townhouse units in the mixed use/commercial block (Block 925). The application for
rezoning would also rezone 7 lots currently zoned "Holding-Urban Residential ((H)R2-
55) Zone", from a minimum 12 metre lot frontage to 10 metre lot frontage to be
consistent with the Draft Approved Plan.
2.3 The applications to amend the Zoning By-law and modify the Draft Approved Plan
currently under consideration are specific to only Phase 1 of the subdivision and a small
portion of Phase 2. The modification to the Draft Approved Plan will recognize the
adjustments to approximately 44 lots to accommodate 29 new lots at 11.3 metres. The
total number of lots approved does not change from that approved in April 2008.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The lands subject to these applications have been cleared of brush and trees and rough
graded to permit servicing of only Phase 1. Permission to rough grade was given by
Council and administered through a servicing agreement by Engineering Services.
3.2 The surrounding uses are as follows:
North: Rural residential and Quarry Lakes Golf Course
South: Concession Road 3 and beyond, existing urban- residential and
Hydro One's work depot
East: Auto wrecker, orchards, and subsequent phases of Draft Approved
Plan of Subdivision S-C 2007-0004
West: Regional Road 57 and beyond, estate residential and the
Bowmanville Creek Valley
REPORT NO.: PSD-072-09
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
PAGE 4
4.1.1 The Provincial Policy Statement encourages planning authorities to create healthy
livable and safe communities by accommodating an appropriate range and mix of
residential, employment, recreational and open space uses to meet long term needs.
4.1.2 Policy related to Settlement Areas, states that new development shall occur adjacent to
built up areas and shall have compact form, a mix of uses and densities that allow for
the efficient use of land, infrastructure and public services.
4.1.3 The subject applications are consistent with the 2005 Provincial Policy Statement as
they are proposing the development of a mixed use community with a range of housing
types and densities. The subject lands are adjacent to the existing built-up area and will
make use of existing and planned infrastructure and public service facilities.
4.2 Provincial Growth Plan
4.2.1 The Provincial Growth Plan encourages municipalities to manage growth by directing
population growth to settlement areas. Growth is to be accommodated by building
compact, transit-supportive communities in designated greenfield areas and by reducing
dependence on the automobile through the development of mixed use, pedestrian-
friendly environments. Growth shall also be directed to areas that offer municipal water
and wastewater systems. Municipalities should establish an urban open space system
within built up areas which may include communal courtyards and public parks.
4.2.2 The application would appear to conform with the Provincial Growth Plan.
5.0 OFFICIAL PLANS
5.1 Durham Recaional Official Plan
The Durham Region Official Plan designates the subject lands as Living Area. The
intent of this designation is to permit the development of primarily residential areas with
defined boundaries, incorporating the widest possible range of housing types, sizes and
tenure, developed in an efficient and cost effective manner.
In consideration of development applications within designated Living Areas, regard
shall be had for the intent of this plan to achieve the following:
^ A compact urban form;
^ The use of good urban design principles;
^ The provision of convenient pedestrian access to public transit,
educational facilities and parks; and
^ The grid pattern of roads.
REPORT NO.: PSD-072-09
5.2 Clarington Official Plan
PAGE 5
5.2.1 The subject lands are designated Urban Residential within the Clarington Official Plan,
with symbols for a neighbourhood park, public elementary school and for medium
density. In December 2007, Council approved Amendment No. 59 to the Clarington
Official Plan which approved, among other things, an increase in population from 3750
to 6500 residential units and a housing target from 1325 to 2175. These lands are within
the Northglen Neighbourhood. No change to the total number of residential units is
proposed as a result of the rezoning application or modifications to the Draft Approved
Plan.
5.2.2 A Neighbourhood Centre designation is at the northeast comer of Regional Road 57
and Concession Road 3, within the subject lands. Neighbourhood Centres shall serve
as focal points for residential communities and provide for day to day retail and service
needs. The maximum gross leasable floorspace shall be 5000 m2. Neighbourhood
Centres are intended to be developed with adjacent areas such as transit nodes
containing higher density residential uses, recreation, community, cultural and institution
uses.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1) Zone",
"Holding-Urban Residential Exception ((H)R1-72) Zone", "Holding-Urban Residential
Exception ((H)R2-53) Zone", "Holding-Urban Residential Exception ((H)R2-54) Zone",
"Holding-Urban Residential Exception ((H)R2-55) Zone", "Holding-Urban Residential
Exception ((H)R2-56) Zone", "Holding-Urban Residential Exception ((H)R2-57)",
"Holding-Urban Residential Exception ((H) R3-31) Zone", "Holding-Urban Residential
Exception ((H)R3-32) Zone". A Zoning By-law Amendment is required to permit the
proposed changes requested by the application.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 A Public Meeting was on Monday February 2, 2009. No one appeared for or against
these applications. No subsequent submissions have been received from the members
of the public.
8.0 AGENCY COMMENTS
8.1 The subject rezoning application was circulated to various agencies and departments.
8.2 Clarington Engineering has reviewed the subject applications and requested additional
information pertaining to the increased run-off resulting from the proposed increased lot
coverage.
REPORT NO.: PSD-072-09
PAGE 6
The engineering consultant for the developer advised that there will be an increased
run-off during a 1:5 year storm that the currently designed minor system can convey.
Adequate hydraulic grade and pipe size will be reviewed during the detailed engineering
design stage.
Approval of the proposed rezoning requires approximately a 15% increase in storage
capacity in the stormwater management pond. This will result in an increased pond
depth. The size and the configuration of the stormwater management pond has not
been completed. As such, Engineering Services requested that the street townhouses
on the south side of the Street "J" (Richard Davies Crescent) remain on hold in the
event that this area is required to adequately size the,pond.
8.3 The Region of Durham has advised that the subject lands are designated "Living Area"
in the Durham Regional Official Plan. Living Areas are to be used predominantly for
housing purposes. The applications appear to conform to the Plan.
Water and sanitary sewer services are currently at Concession Road 3, and West
Scugog Lane. The developer will be required to enter into a Subdivision Agreement
with the Region for the installation/extension of municipal water supply, municipal
sanitary sewers and associated road works along the Regional Road 57 frontage.
9.0 STAFF COMMENTS
9.1 The rezoning application submitted by the applicants seeks to make a multitude of
changes to the Zoning By-law. The changes are in part to allow revised lots sizes to
accommodate new 11.3 metres single detached dwelling lots with dwellings having a
two car garage. The majority of the other changes would allow larger homes with
reduced setbacks and increased lot coverage.
9.2 Amendment to Conditions of Draft Aoaroval and Modification to the Draft Approved Plan
The modification to the Draft Approved Plan is required to make the adjustment in the
lot lines. The applicants have also requested that 22 townhouse units on the south side
of Street "F" be added back into the Draft Plan as a modification. The units were
originally proposed as part of the Mixed Use Commercial Block designated
Neighbourhood Centre which permits a maximum retail floorspace of 5000 square
metres and Medium and High Density residential uses. The block also contains the
stormwater management pond for the entire draft plan. These units were not draft
approved as they were viewed as constraining the development options for the mixed
use block which includes a mixture of commercial, residential and park uses in addition
to a stormwater pond. The Draft Approved Plan was redlined by deleting the townhouse
units. In addition, the Conditions of Draft Approval stated that development could not
proceed in this block until such time as the developer entered into a Site Plan
Agreement with the Municipality for development of this block.
Including these units in the revised Draft Plan and rezoning of the street townhouse
units along Street "F" is contrary to the redlined Draft Approved Plan of Subdivision and
REPORT NO.: PSD-072-09
PAGE 7
the Conditions of Draft Approval agreed to by the applicant and as finally approved by
Council. Staff do not recommend that the street townhouse units be rezoned until such
time as site plan .for the Mixed Use Commercial Block has been submitted and
approved by Staff.
9.3 Lot Coverage
9.3.1 The applicant has requested that unenclosed porches be removed from the lot
coverage calculation. This effectively would increase the lot coverage for all lots within
Phase 1 of the draft plan. The majority of the zones in this draft plan allow for lot
coverage of 40 percent for the dwelling and 45 percent for all structures on the lot with
the exception of the lots where lot coverage is increased to 50 percent where 1 storey
units are permitted.
Engineering's Concerns
Exemption in lot coverage for unenclosed porches and decks will allow a larger building
footprint. This will increase the impervious surface and increase the run-off coefficient to
the storm sewer system and the stormwater management pond. Engineering Services
Department requested additional information from the applicant prior to approval of the
subject rezoning to demonstrate the storm sewer system and the stormwater
management pond can be adequately sized to accommodate additional run-off. The
applicant's engineering consultant provided information to Engineering Services Staff
which concludes that the run-off will increase and will- require additional storage in the
stormwater pond. The exact details of the pond design will be dealt with during the
engineering review stage. However, Engineering Services requested that the street
townhouse on the south side of the Street "J" remain on hold in the event that this area
is required to adequately size the pond. Conditions 38 of the Conditions of Draft
Approval, approved in April 2008 requires that these townhouses (Blocks 898 to 901)
remain on hold until the specifications for the stormwater management pond has
demonstrated that these lands are not required for the pond. This condition will remain
in effect.
Design Considerations
The majority of the lot coverage will be taken up in reduced side yard setbacks and
porch projections into the front yard or exterior side yards. Porches provide for
welcoming streetscape and assist in passive surveillance of streets and public spaces.
Increase in coverage will provide for a porch that will be usable in size.
The applicant is also requesting that bay or box windows with full foundations be able to
project into required yard setback of 0.75 metres. Although the current Zoning By-law
allows for bay window projections of 0.75 metres it does not allow a foundation below it.
A foundation below a bay window is architecturally pleasing and conserves energy.
Staff supports this request to a maximum width of 2.4 metres for the bay or box window.
REPORT NO.: PSD-072-09
9.4 Two Car Garages
PAGE 8
Through the review of the original applications for rezoning and draft plan approval, staff
did not support the request for two car garages on 11.0 metre lots. Staff's concerns
were, that given the number of 11.0 metre lots adjacent to 12.0 metre, the streetscape
would be dominated by large garage doors and the proportion of garage door to the
dwelling was inappropriate. The applicant resubmitted the current rezoning application
and modifications to draft plan to allow for 11.3 metre lots to accommodate the homes
with two car garages. Staff have consulted with the Municipality's Control Architect and
recommend that two car garages be permitted on lots with 11.3 metre frontage and
while only pemtit4ing the outside width of the garage to be a maximum of 53% of the
width of lot. This will allow two single garage doors, rather than only one large door,
thereby diminishing the dominance of the large garage doors on the streetscape. This
will be enforced through the Architectural Control Guidelines.
9.5 Visibility Triangle
Through a detailed review of proposals in other neighbourhoods (specifically Liberty
Crossings) the Engineering Services Department has determined that visibility triangles
can be reduced from 7.5 metres to 6.5 metres provided that the driveway widths are
maintained at 4.6 metres. The reduction in visibility triangle does not affect the size of
the dedicated site triangle.
9.6 Tax Status
The Finance Department advises that the taxes for the subject property have been paid
in full.
10.0 RECOMMENDATIONS
10.1 The applications have been reviewed in consideration of the comments received from
the circulated agencies, the Region and Clarington Official Plan. In consideration of
the comments contained in this report, Staff respectfully recommend the modification
to the Draft Approved Plan S-C 2007-0004 as contained on Attachment 2 be
APPROVED and that at the Zoning By-law Amendment as contained in Attachment 3
be APPROVED.
Attachments:
Attachment 1 -Key Map
Attachment 2 -Amendment to Condition 1
Attachment 3 -Proposed Modification to the Draft Approved Plan S-C-2007-0004
Attachment 4 -Zoning By-Law Amendment
REPORT NO.: PSD-072-09
List of interest parties to be notified of Council's decision:
Baysong Developments Inc.
2084165 Ontario Limited
Kevin Tunney, Tunney Planning
Douglas Kemp
Kirk Kemp
Steve Hyland
PAGE 9
Attachment 1
To Report PSD-072-09
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Attachment 2
To Report PSD-072-09
AMENDMENT TO
CONDITIONS OF DRAFT APPROVAL
S-C-2007-0004 (NORTHGLEN WEST)
DATE: JUNE 23, 2009
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision S-C-2007-0004 prepared by Tunney Planning Inc. identified as Project
Number TUN 549-1, original submission dated February, 2006, and as revised in
February 2008, as red lined, and further redlined on which
illustrates 1300 residential units consisting of 855 single detached dwellings, 52 semi
detached units, 203 street townhouse units, 86 block townhouse units, a mixed use
block containing 126 residential units, commercial floorspace, stormwater management
pond, and blocks for a public elementary school, a park and a parkette, road widenings,
0.3 metre reserves, landscape strips, and open space. The red-line revisions shall
include:
i) melding Blocks 905 to 908 inclusive with Block 925.
899042
Attachment 3
To Report PSD-072-09
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PROPOSED MODIFICATION TO DRAFT PLAN
Attachment 4
To Report PSD-072-09
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
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 2008-0022;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule 12.4 "SPECIAL EXCEPTIONS-URBAN RESIDENTIAL TYPE (R1)
ZONE" is hereby amended by adding new Special Exceptions as follows:
"SECTION 12.4.74 URBAN RESIDENTIAL EXCEPTION (R1-74) ZONE
Notwithstanding Sections 3.1 j. i) and iv); 3.22; 12.1; 12.2 a); b); c); d) i, ii), iii); f), h)
and i) ii) those lands zoned R1-74 on the Schedules to this By-law shall only be
used for single detached dwellings, subject to the following regulations:
a. Lot Area (minimum) 45D square metres
b. Frontage (minimum)
i) Interior 15.0 metres
ii) Exterior 18.0 metres
c. Yard Requirements (minimum)
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to front wall;
2.0 metres to porch
ii) Interior Side Yard 1.2 metres with private
garage or carport;
Without private garage
or carport 1.2 metres on one
side, 3.0 metres on the other
d. Special Yard Regulation
i) Bay windows with foundations may project into any required yard to a
distance of not more than 0.75 metres with the bay window having a
maximum width of 2.4 metres, but in no instance shall the interior
side yard be reduced below 0.6 metres.
ii) Steps may project into the required front or exterior side yards, but
in no instance shall the front yard or exterior side yard be reduced
below 1.0 metre.
Visibility Triangle (minimum) 6.5 metres
e. Lot Coverage (maximum)
i) 1 Storey
a) Dwelling 50 percent
b) Total of all buildings and structures 55 percent
ii) All other residential units
a) Dwelling
b) All other residential units
40 percent
45 percent
iii) Notwithstanding the above lot coverage provision, a covered and
unenclosed porch/balcony having no habitable space above it, shall
be permitted subject to the following:
a) in the case of an interior lot, an unenclosed porch/balcony up
to a maximum area of 12.0 square metres shall be permitted
provided it is located in the front yard of the lot and shall not
be calculated as lot coverage.
b) in the case of an exterior lot, an unenclosed porch/balcony up
to a maximum area of 20 sq. metres shall be permitted
provided it is located in the front. and/or exterior side yard of
the lot and shall not be calculated as lot coverage;
f. Height of floor deck of unenclosed porch above finished grade
(maximum) 1.0 metre
g. Height (maximum)
i) 1 Storey 8.5 metres
ii) All other residential units 10.5 metres
h. Garage Requirement
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall or covered porch
projection.
SECTION 12.4.75 URBAN RESIDENTIAL EXCEPTION (R1-75) ZONE
Notwithstanding Sections 3.1 j. i) and iv); 3.22; 12.1; 12.2 a); b); c); d) i, ii), iii); f)
and i) those lands zoned R1-75 on the Schedules to this By-law shall only be used
for asemi-detached dwelling, subject tc the following regulations:
a. For the purposes of this Section, the term
Dwelling, Semi-Detached
means a building separated vertically into two separate dwelling units,
connected by a common wall, each of which has an independent entrance
directly from the outside of the building and each of which is located on a
separate lot.
b. Lot Area (minimum) 540 square metres
c. Lot Frontage (minimum)
i) Interior 18.0 metres
ii) Exterior 21.0 metres
d. Yard Requirements (minimum)
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard 1.2 metres with private
garage or carport;
Without private garage
or carport 3.0 metres
e. Special Yard Regulation
i) Bay windows with foundation may project into any required yard to a
distance of not more than 0.75 metres with the bay window having a
maximum width of 2.4 metres but in no instance shall the interior
side yard be reduced below 0.6 metres.
ii) Steps may project into required the front or exterior side yard, but
in no instance shall the front or exterior yard be reduced below 1.0
metre.
iii) Visibility Triangle (minimum) 6.5 metres
Lot Coverage (maximum)
i) Dwelling 40 percent
ii) Total of buildings and structures 45 percent
iii) Notwithstanding the above lot coverage provision, a covered and
unenclosed porchlbalcony having no habitable space above it, shall
be permitted subject to the following:
a) in the case of an interior lot, an unenclosed porch/balcony up
to a maximum area of 12.0 square metres shall be permitted
provided it is located in the front yard of the lot and shall not
be calculated as lot coverage;
b) in the case of an exterior lot, an unenclosed porch/balcony up
to a maximum area of 20 sq. metres shall be permitted
provided it is located in the front andlor exterior side yard of
the lot and shall not be calculated as lot coverage;
g. Height of floor deck of unenclosed porch above finished
grade (maximum) 1.0 metre
h. Garage Requirement
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior wall or covered porch
projection."
2: Section 13.4 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE (R2)
ZONE" is hereby amended by adding thereto new Special Exceptions as follows:
"SECTION 13.4.65 URBAN RESIDENTIAL EXCEPTION (R2-65) ZONE
Notwithstanding Sections 3.1 j. i) and iv); 3.22; 13.2 a); b); c) i), ii), iii), e), g) and h)
those lands zoned R2-65 on the Schedules to this ey-law shall be subject to the
following regulations:
a. Lot Area (minimum)
b. Lot Frontage (minimum)
i) Interior Lot
ii) Exterior Lot
c. Yard Requirements
i) Front Yard
300 square metres
10.0 metres
13.0 metres
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard With private garage or
carport 1.2 m on one side;
0.6 metres on the other side;
Without private garage or 3.0
metres on one side 0.6 metres
on the other side
d. Special Yard Regulation
i) Bay windows with foundation may project into any yard to a distance
of not more than 0.75 metres with the bay window having a
maximum width of 2.4 metres but in no instance shall the interior side
yard be reduced below 0.6 metres.
ii) Steps may project into the required front or exterior side yards,
but in no instance shall the front or exterior yard be reduced below
1.0 metre.
iii) Visibility Triangle (minimum) 6.5 metres
e. Lot Coverage (maximum)
i) 1 Storey
a) Dwelling 50 percent
b) Total of all buildings and structures 55 percent
ii) All Other Residential Units
a) Dwelling 40 percent
b) Total of all buildings and structures 45 percent
iii) Notwithstanding the above lot coverage provision, a covered and
unenclosed porchlbalcony having no habitable space above it, shall
be permitted subject to the following:
a) in the case of an interior lot, an unenclosed porch/balcony up
to a maximum area of 12.0 square metres shall be permitted
provided it is located in the front yard of the lot and shall not
be calculated as lot coverage;
b) in the case of an exterior lot, an unenclosed porch/balcony up
to a maximum area of 20 sq. metres shall be permitted
provided it is located in the front and/or exterior side yard of
the lot and shall not be calculated as lot coverage.
f. Height of floor deck of unenclosed porch above finished
grade (maximum) 1.0 metre
g. Driveway Width (maximum) 4.6 metres
h. Height (maximum)
i) 1 Storey 8.5 metres
ii) All other residential units 10.5 metres
i. Garage Requirements
i) All garage doors shall not be located any closer to the street line than
the dwellings front wall or exterior side wall or covered porch
projection.
ii) The outside width of the garage shall be a maximum of 40% of the
width of the lot
In addition to the regulations of Section 3.11 with. respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-65 on Schedule 1 to this By-
law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080.15900, at such time as:
i) the Motor Vehicle Wrecking Yard use of the lands identified as 18-17-
010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-65.
SECTION 13.4.66 URBAN RESIDENTIAL EXCEPTION (R2-66) ZONE
Notwithstanding Sections 3.1 j. i), iv); 3.22; 13.2 a); b); c) i), ii), iii), e), g) and h)
and those lands zoned R2-66 on Schedules to this By-law shall be subject to the
following regulations:
a.
b.
c.
d.
For the purposes of this Section, the terms single car detached garage and
double car attached garage shall mean:
Single Car Detached Private Garage
means a portion of a dwelling which is fully enclosed and roofed and
designed for the sheltering of one motor vehicle as a parking space.
Incidental storage of household equipment is also permitted.
Double Car Attached Private Garage
means a portion of a dwelling which is fully enclosed and roofed and
designed for the sheltering of two motor vehicles as parking spaces,
Incidental storage of household equipment is also permitted.
Regulations far dwelling with single car attached private garage:
i) Lot Area (minimum) 330 square metres
ii) Lot Frontage (minimum)
a) Interior Lot 11.0 metres
b) Exterior Lot 14.O metres
Regulation for dwelling with double car attached garage:
i) Lot Area (minimum) 330 square metres
ii) Lot Frontage (minimum)
a) Interior Lot
b) Exterior Lot
11.3 metres
14.3 metres
Yard Requirements:
i) Front Yard
ii) Exterior Side Yard
iii) Interior Side Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.o metres to porch
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
With private garage or
carport 1.2 m on one side;
0.6 metres on the other side;
Without private garage or 3.0
metres on one side 0.6 metres
on the other side
e. Special Yard Regulation
i) Bay windows with foundation may project into any required yard to
a distance of not more than 0.75 metres with the bay window
having a maximum width of 2.4 metres but in no instance shall the
interior side yard be reduced below 0.6 metres.
ii) Steps may project into the required front or exterior side yards,
but in no instance shall the front or exterior yard be reduced below
1.0 metre.
Visibility Triangle (minimum) 6.5 metres
Lot Coverage (maximum)
i) 1 Storey
a) Dwelling 50 percent
b) Total of all buildings and structures 55 percent
ii) All Other Residential Units
a) Dwelling 40 percent
b) Total of all buildings and structures 45 percent
iii) Notwithstanding the above lot coverage provision, a covered and
unenclosed porch/balcony having no habitable space above it, shall
be permitted subject to the following:
a) in the case of an interior lot, an unenclosed porch/balcony up
to a maximum area of 12.0 square metres shall be permitted
provided it is located in the front yard of the lot and shall not
be calculated as lot coverage;
b) in the case of an exterior lot, an unenclosed porch/balcony up
to a maximum area of 20 sq. metres shall be permitted
provided it is located in the front andlor exterior side yard of
the lot and shall not be calculated as lot coverage.
g. Height of floor deck of unenclosed porch above finished
grade (maximum) 1.0 metre
h. Height (maximum)
i) 1 Storey 8.5 metres
ii) All other residential units 10.5 metres
Garage Requirements
All garage doors shall not be located any closer to the street line than
the dwellings front walls or exterior side wall or covered porch
projection.
ii) The outside width of the garage shall be a maximum of 53% of the
width of the lot.
In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-66 on Schedule 1 to this By-
law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
the Motor Vehicle Wrecking Yard use of the lands identified as 18-17-
010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-66.
SECTION 13.4.67 URBAN RESIDENTIAL EXCEPTION (R2-67) ZONE
Notwithstanding Sections 3.1 j. i) and iv); 3.22; 13.2 a); b ii); c) i), ii), iii), e), g) and
h) those lands zoned R2-67 on the Schedules to this By-law shall be used subject
to the following regulations:
a. Lot Area (minimum)
b. Lot Frontage (minimum)
i) Exterior Side Yard
c. Yard Requirements
i) Front Yard
360 square metres
14.8 metres
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side yard
iii) Interior Side Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
With private garage or
carport 1.2 m on one side,
0.6 metres on the other side;
Without private garage or 3.0
metres on one side D.6 metres
on the other side
d. Special Yard Regulation
i) Bay windows with foundation may project into any required yard to a
distance of not more than 0.75 metres with the bay window having a
maximum width of 2.4 metres but in no instance shall the interior
side yard be reduced below 0.6 metres.
ii) Steps may project into the front or exterior side yards, but in no
instance shall the front or exterior yard be reduced below 1.0 metre.
iii) Visibility Triangle (minimum) 6.5 metres
e. Lot Coverage (maximum)
i) 1 Storey
a) .Dwelling 50 percent
b) Total of all buildings and structure 55 percent
ii) All other residential units
a) Dwelling 40 percent
b) Total of all Building or Structures 45 percent
iii) Notwithstanding the above lot coverage provision, a covered and
unenclosed porchPoalcony having no habitable space above it, shall
be permitted subject to the following:
a) in the case of an interior lot, an unenclosed porchlbalcony up
to a maximum area of 12.0 square metres shall be permitted
provided it is located in the front yard of the lot and shall not
be calculated as lot coverage;
b) in the case of an exterior lot, an unenclosed porchlbalcdny up
to a maximum area of 20 sq. metres shall be permitted
provided it is located in the front andlor exterior side yard of
the lot and shall not be calculated as lot coverage.
f. Height of floor deck of unenclosed porch above finished
grade (maximum) 1.0 metre
g. Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall or covered porch
projection.
h. Height (maximum)
i) 1 Storey
ii) All other residential units
8.5 metres
10.5 metres
i. In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-67 on Schedule 1 to this By-
law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the Motor Vehicle Wrecking Yard use of the lands identified as 18-17-
010-080-15900 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 15-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-67.
SECTION 13.4.68 URBAN RESIDENTIAL EXCEPTION (R2-68) ZONE
Notwithstanding Sections 3.1 j. i) and iv); 3.22; 13.2 a); b); c) i), ii), iii), e), g) and
h) those lands zoned R2-68 on the Schedules to this By-law shall be subject to the
following regulations:
a. Lot Area (minimum) 405 square metres
b. Lot Frontage (minimum)
i) Interior Lot 13.5 metres
ii) Exterior 16.5 metres
c. Yard Requirements
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to front wall;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport;
4.0 metres to front wall;
2.0 metres to porch
iii) Interior Side Yard With private garage or
carport 1.2 m on one side,
0.6 metres on the other side;
Without private garage or 3.0 metres on
one side 1.2 metres on the other side
d. Special Yard Regulation
i) Bay windows with foundation may project into any required yard to a
distance of not more than 0.75 metres to a maximum width of 2.4
metres but in no instance shall the interior side yard be reduced is
below 0.6 metres.
ii) Steps may project into the required front or exterior side yards,
but in no instance shall the front or exterior yard be reduced below
1.0 metre.
iii) Visibility Triangle (minimum) 6.5 metres
e. Lot Coverage (maximum)
i) 1 Storey
a) Dwelling 50 percent
b) Total of all building and structures 55 percent
ii) All other residential units
a) Dwelling 40 percent
b) Total of all buildings and structures 45 percent
iii) Notwithstanding the above lot coverage provision, a covered and
unenclosed porch/balcony having no habitable space above it, shall
be permitted subject to the following:
a) in the case of an interior lot, an unenclosed porch/balcony up
to a maximum area of 12.0 square metres shall be permitted
provided it is located in the front yard of the lot and shall not
be calculated as lot coverage;
b) in the case of an exterior lot, an unenclosed porch/balcony up
to a maximum area of 20 sq. metres shall be permitted
provided it is located in the front and/or exterior side yard of
the lot and shall not be calculated as lot coverage.
f. Height of floor deck of unenclosed porch above finished
grade (maximum) 1.0 metre
g. Garage Requirements
i) All garage doors shall not be located any closer to the street line than
the dwellings front wall or exterior side wall.
h. Height (maximum)
i) 1 Storey
ii) All other residential units
8.5 metres
10.5 metres
i. In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-68 on Schedule 1 to this By-
law located withjn 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the Motor Vehicle Wrecking Yard use of the lands identified as 18-17-
010-080-1590D has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
(H)R2-68.
SECTION 13.4.69 URBAN RESIDENTIAL EXCEPTION (R2-69) ZONE
Notwithstanding Sections 3.1 j. i) and iv); 13.2 a): b); c) i), ii), iii), e) and h) those
lands zoned R2-69 on the Schedules to this By-law shall be subject to the following
regulations:
a. Lot Area (minimum)
b. Lot Frontage (minimum)
i) Interior Lot
ii) Exterior Lot
275 square metres
10 metres
13.0 metres
c. Yard Requirements
i) Front Yard
ii) Exterior Side Yard
iii) Interior Side Yard
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
With private garage or
carport L2 m on one side;
0.6 metres on the other side;
Without private garage or 3.0
metres on one side 0.6 metres
on the other side
d. Special Yard Regulation
i) Bay windows with foundation may project into any required yard to a
distance of not more than 0.75 metres with the bay windows
having a maximum width of 2.4 metres but in no instance shall the
interior side yard be reduced below 0.3 metres.
ii) Steps may project into the required front or exterior side yards,
but in no instance shall the front or exterior yard be reduced below
1.0 metre.
iii) Visibility Triangle (minimum) 6.5 metres
e. Lot Coverage (maximum)
i) Dwelling 40 percent
ii) Total of all Buildings and Structures 45 percent
iii) Notwithstanding the above lot coverage provision, a covered and
unenclosed porch/balcony having no habitable space above it, shall
be permitted subject to the following:
a) in the case of an interior lot, an unenclosed porch/balcony up
to a maximum area of 12.0 square metres shall be permitted
provided it is located in the front yard of the lot and shall not
be calculated as lot coverage;
b) in the case of an exterior lot, an unenclosed porch/balcony up
to a maximum area of 20 sq. metres shall be permitted
provided it is located in the front and/or exterior side yard of
the lot and shall not be calculated as lot coverage;
f. Height of floor deck of unenclosed porch to finished
grade (maximum) 1.0 metre
g. Garage Requirements
i) All garage doors shall not be located any closer to the street line
than the dwellings front wall or exterior side wall or covered porch
projection.
ii) The outside width of the garage shall be a maximum of 40%
of the width of the lot.
h. Driveway width (maximum)
4.6 metres
In addition to the regulations of Section 3.11 with respect to the removal of
the "Holding (H)" symbol, Council shall only enact a by-law to remove the
Holding (H) symbol from the lands zone (H)R2-69 on Schedule 1 to this By-
law located within 70 metres of the boundary of lands identified by roll
number 18-17-010-080-15900, at such time as:
i) the "Motor Vehicle Wrecking Yard" use of the lands identified as 18-
1 7-01 0-080-1 590 0 has ceased;
ii) the vehicles and motor vehicles parts on the lands identified as 18-
17-010-080-15900 has been removed from the property; and
iii) a Record of Site Condition has been submitted for said lands zoned
3.
Section 14.6 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE (R3)
ZONE" is hereby amended by adding thereto new Special Exceptions as follows:
"SECTION 14.6.35 URBAN RESIDENTIAL EXCEPTION (R3-35) ZONE
Notwithstanding Sections 3.1 j) iv); 3.16 c) ii); 3.22; 14.1; 14,2; 14.3 a), b), c) i), ii),
iii) 14.4 a), 14.4 b) 14.4 c) i), ii) iii); 14.4 g), and 14.4 h) those lands zoned R3-35
shall only be used for an apartment building, link townhouse dwellings, stacked
townhouse dwellings, or street townhouse dwellings, subject to the following
regulations:
a. For the purposes of this Section, the term
Dwelling, Stacked Townhouse
means one of a group of three or more dwelling units which are separated
vertically and/or horizontally, provided that each dwelling unit has a
separate entrance and fronts either on an improved public street or on a
private street.
b. Street Townhouse dwellings shall be permitted as follows:
i) Lot Area (minimum) 210 square metres
ii) Lot Frontage (minimum)
a) Interior Lot 7.0 metres
b) Exterior Lot 11.0 metres
iii) Front Yard a minimum width of 4.5 metres and a maximum width of
6.5 metres;
iv) Interior Side Yard 1.2 metre, except (i) where a building has a
common wall with a building on an adjacent lot located in the R3-35
zone, in which case no interior side yard is required, and (ii) where
the lot line is also the boundary of a different zone, in which case an
interior side yard of 4.5 metres wide is required;
v) Exterior Side Yard minimum width of 4.0 metres and a maximum
width of 6.5 metres;
vii) no parking spaces shall be located in any yard between a dwelling
and a lot line dividing the lot from an improved public street.
c. Lot Coverage
A covered and unenclosed porch/balcony having no habitable space above
it, shall be permitted subject to the following:
i) in the case of an interior lot, an unenclosed porch/balcony up to a
maximum area of 12.0 square metres shall be permitted provided it is
located in the front yard of the lot and shall not be calculated as lot
coverage;
ii) in the case of an exterior lot, an unenclosed porch/balcony up to a
maximum area of 20 sq. metres shall be permitted provided it is
located in the front and/or exterior side yard of the lot and shall not be
calculated as lot coverage;
d. Height of floor deck of unenclosed porch above finished
grade (maximum) 1.0 metre
e. .Link townhouse dwellings or stacked townhouse dwellings shall be
permitted as follows:
i) Density (maximum) 45 units per ha
ii) Lot Area (minimum) 1.0 ha
iii) Front Yard a minimum width of 4.5 metres and a
maximum width of 6.5 metres;
iv) Interior Side Yard (minimum) 1.2 metres
v) Exterior Side Yard a minimum width of 4.5 metres and a
maximum width of 8.5 metres;
vi) Building Height (maximum)
a) Link townhouse dwellings 10.5 metres
b) stacked townhouse dwellings 12.0 metres
vii) no parking spaces shall be located in any yard between a dwelling
and a lot line dividing the lot from an improved public street.
f. The following stacked townhouse dwellings regulations shall be provided:
i) Dwelling Unit Area (minimum) 85 square metres
ii) Lot Coverage (maximum) 45 percent
iii) Landscaped Open Space (minimum) 40 percent
iv) Building Height (maximum) 12 metres
4. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Holding-Urban Residential Exception ((H)R1-70) Zone" to "Holding-Urban
Residential Exception ((R1)-74) Zone"
"Holding-Urban Residential Exception ((H)R1-72) Zone" to "Holding-Urban
Residential Exception ((R1)-75) Zone"
"Holding-Urban Residential Exception ((H)R2-53) Zone' to "Holding-Urban
Residential Exception ((R2)-65) and ((H) R2-66) Zone"
"Holding-Urban Residential Exception ((H)R2-54) Zone" to "Holding-Urban
Residential Exception ((R2-65), ((R2)-66) and ((H) R67) Zone"
"Holding-Urban Residential Exception ((H)R2-55) Zone" to "Holding-Urban
Residential Exception ((R2)-65) and ((H) R2-66) Zone"
"Holding-Urban Residential Exception ((H)R2-55) Zone" to Holding-Urban
Residential Exception ((H)R2-67) Zone"
"Holding-Urban Residential Exception ((H)R2-56) Zone" to "Holding-Urban
Residential Exception ((R2)-68) and ((H) R2-69) Zone"
"Holding-Urban Residential Exception ((H)R3-31) Zone" to "Holding-Urban
Residential Exception ((H)R3-35) Zone".
6. Schedule "A" attached hereto shall form part of this By-law.
7. This 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 2009
BY-LAW read a second time this day of 2009
BY-LAW read a third time and finally passed this day of 20D9
Jim Abernethy, Mayor
L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2009-
passed this
day
of ,
, 2009 A,D.
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CONCESSION ROAD 3
~~~~~~ 70mBuffer
Jim Abernethy, Mayor DARLINGTON Patti l.. Borne, Munlclpal Gerk i
Schedule "A" Zoning Legend
Zoning Change From"(H)R1-70" To "(H)R1-74"
Zoning Change From "(H)R1-72" To "(H)R1-75"
®Zoning Change From "(H)R2-53" To "(H)R2-65
~~~~ Zoning Change From "(H)R2-53" To "(H)R2-66
®Zoning Change From "(H)R2-54" To "(H)R2-65"
Zoning Change From "(H)R2-54" To "(H)R2-66"
vvvovv 9 g ( ) ( )
""`~ Zonin Chan a From " H R2-54" To " H R2-67"
vvvovv
® Zoning Change From
®Zoning: Change From
Zoning Change From
"(H)R2-55" To "(H)R2-65"
"(H)R2-55" To "(H)R2-66"
"(H)R2-55" To "(H)R2-67"
Zoning Change From "(H)R2-56" To "(H)R2-68"
Zoning Change From "(H)R2-57" To "(H)R2-69";
~; ~; ~; ~; ~ ~ Zoning Change From "(H)R3-31" To "(H)R3-35" .
70m Buffer