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HomeMy WebLinkAbout2009-168 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009-168 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the 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 former of Town of Newcastle for ZBA 2004-049; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of Clarington enacts as follows: By-law 84-63, as amended, is hereby further amended, as follows: 1. Section 26 'INTERPRETATION" is hereby amended by adding the following new Section 26.4 as follows and renumbering existing Sections 26.4 to 26.6 inclusive. On occasion, the zone symbol on the schedules may be followed by one or more letters and numbers enclosed in brackets. The information provided in the brackets indicates the maximum number of units permitted within the boundary of the zone limits. The maximum total numbers of units permitted is indicated by the letter 'T" followed by a number. For example, "R1 (T: 0.65)" indicates that a maximum of 65 units may be developed. 2. Section 12.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE (R1) ZONE" is hereby amended by adding new Special Exceptions as follows: "SECTION 12.4.79 URBAN RESIDENTIAL EXCEPTION (R1-79) ZONE Notwithstanding Sections 3.1 g.; j. i) and iv); 3.16 i. iv); 3.22; 12.1; 12.2 a); b); c); d) i), ii), iii), f); h); i), those lands zoned R1-79 on the Schedules to this By-law shall only be used for single detached and linked dwellings, subject to the following zone regulations: a. For the purpose of this Section, the term: Dwelling, Linked shall mean a building separated vertically into two separate dwelling units, which are horizontally connected at the footing, 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) i) single detached dwellings with minimum of 11.6 metre frontage 345 square metres ii) single detached dwellings with minimum of 12.8 metre frontage 380 square metres iii) linked dwellings 585 square metres c. Lot Frontage Interior (minimum) i) single detached dwelling 11.6 metres ii) single detached dwelling 12.8 metres iii) linked dwellings 19.6 metres d. Lot Frontage Exterior (minimum) i) single detached dwelling 14.5 metres ii) linked dwellings 22.2metres e. Yard Requirements for single detached dwellings (minimum) i) front or exterior side yard 6.0 metres to the garage; 3.0 metres to dwelling; 1.2 metres to the unenclosed porch; on a street abutting a municipal sidewalk 6.0 metres to the garage; 3.6 metres to dwelling; 1.5 metres to the unenclosed porch ii) interior side yard 1.2 metres on one side and 0.6 metres on the other side f. Yard Requirements for linked dwelling (minimum) i) front or exterior side yard 6.0 metres to the garage; 3.0 metres to dwelling; 1.2 metres to the unenclosed porch; on a street abutting a municipal sidewalk 6.0 metres to the garage; 3.6 metres to dwelling; 1.5 metres to the unenclosed porch ii) interior side yard 1.2 metres g. Special Yard Regulation i) notwithstanding the interior side yard requirements above, a linked dwelling connected by the footing shall have a horizontal distance between the interior walls of the two (2) dwelling units above finished grade between 1.2 metres and 1.5 metres. ii) 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. iii) Steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metre. iv) Visibility Triangle (minimum) 5.0 metres h. Lot Coverage (maximum) i) 1 Storey a) Dwelling 50 percent b) Total of all buildings and structures 55 percent ii) All other residential dwellings a) Dwelling 45 percent b) Total of all buildings and structures 50 percent iii) Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable floor 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 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 20.0 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 i. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre j. Height (maximum) i) 1 storey 8.5 metres ii) all other residential units 12.5 metres k. Linked dwelling driveway width (maximum) 4.6 metres I. Garage Requirements 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. 3. Section 14.6 "SPECIAL EXCEPTIONS —URBAN RESIDENTIAL TYPE (R3) ZONE" is hereby amended by adding thereto new Special Exceptions as follows: "SECTION 14.6.37 URBAN RESIDENTIAL EXCEPTION (R3-37) ZONE Notwithstanding Sections 3.1g.; j. i), iv); 3.16 i. iv); 3.22; 14.1; 14.2; 14.3 a.; b.; c.; e.; g.; and h. those lands zoned R3-37 on the Schedules to this By-law shall only be used for single detached; semi-detached dwellings, and street townhouse dwellings having frontage on both a public lane and a public street, subject to the following: a. For the purposes of this Section, the terms Dwelling, Semi Detached shall mean 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. Lane, Public shall mean a street or road under the jurisdiction of the Corporation of the Municipality of Clarington, having a right of way width of 10 metres or less which is maintained so as to allow normal vehicular access to garages and parking spaces on adjacent properties throughout all seasons of the year. b. Single detached dwellings shall be permitted as follows: i) lot area (minimum) 225 square metres ii) lot frontage (minimum) 7.5 metres C. Semi-detached shall be permitted as follows: i) lot area (minimum) 400 square metres ii) lot frontage (minimum) 13.4 metres d. Street townhouse dwelling shall be permitted as follows: i) lot area (minimum) 180 square metres ii) lot frontage (minimum) 6.1 metres e. Yard Requirements (minimum) i) front yard or exterior side Yard — abutting a road allowance that is 20 metres wide or less 3.0 metres to dwelling; 1.2 metres to the unenclosed porch; on a street abutting a municipal sidewalk 3.6 metres to dwelling; 1.5 metres to the unenclosed porch ii) front or exterior side yard — abutting a road allowance that is 23 metres wide or greater 4.0 metres to dwelling; 2.0 metres to the unenclosed porch; iii) interior side yard (minimum) a) single detached dwelling 1 .2 metres on one side and 0.6 metres on the other side b) semi-detached dwelling 1.2 metres, nil where building has a common wall with any building on an adjacent lot located in an R3-37 zone c) townhouse dwelling unit 1.2 metres, nil where building has a common wall with any building on an adjacent lot located in an R3-37 zone iv) rear yard a) dwelling to a public lane 13 metres b) garage to a public lane 1.0 metres f. Special Yard Regulation i) separation between dwelling and garage on the same lot a minimum of 6 metres. ii) a detached private garage may have a 0.0 metre side yard setback where the detached garage has a common wall with another private garage on an adjacent lot located in the R3-37 zone. iii) 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. iv) steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metre. g. Visibility Triangle (minimum) 5.0 metres h. Lot Coverage (maximum) i) single and semi-detached dwelling 40 percent ii) single and semi-detached dwelling and total of all buildings and structures 50 percent iii) townhouse dwelling 45 percent iv) townhouse dwelling and total of all buildings and structure 55 percent v) Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable floor 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 10.0 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 15.0 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 i. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre j. Height (maximum) 12.5 metres k. No parking space shall be located in any front or exterior side yard. 4. Section 14.6 "SPECIAL EXCEPTIONS —URBAN RESIDENTIAL TYPE (R3) ZONE" is hereby amended by adding thereto new Special Exceptions as follows: "SECTION 14.6.38 URBAN RESIDENTIAL EXCEPTION (R3-38) ZONE Notwithstanding Sections 3.1g.; j. i), iv); 3.16 i. iv); 3.22; 14.1; 14.2; 14.3 a.; b.; c.; e.; g.; and h; and 14.4. those lands zoned R3-38 on the Schedules to this By-law shall only be used for single detached; semi-detached dwellings, and street townhouse dwellings having frontage only on a public lane, subject to the following: a. For the purposes of this Section, the term Dwelling, Semi Detached shall mean 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. Lane, Public shall mean a street or road under the jurisdiction of the Corporation of the Municipality of Clarington, having a right of way width less than 10 m which is maintained so as to allow normal vehicular access to garages and parking spaces on adjacent properties throughout all seasons of the year. b. Single detached dwellings shall be permitted as follows: i) lot area (minimum) 225 square metres ii) lot frontage (minimum) 7.5 metres c. Semi-detached dwelling shall be permitted as follows: i) lot area (minimum) 400 square metres ii) lot frontage 13.4 metres d. Street Townhouse dwellings shall be permitted as follows: i) lot area (minimum) 180 square metres ii) lot frontage 6.1 metres e. Yard Requirements (minimum) i) front yard a) dwelling 13 metres b) garage 1.0 metres ii) interior side yard (minimum) a) single detached dwelling 1 .2 metres on one side and 0.6 metres on the other side b) semi-detached dwelling 1.2 metres, nil where building has a common wall with any building on an adjacent lot located in an R3-38 zone c) townhouse dwelling unit 1.2 metres, nil where building has a common wall with any building on an adjacent lot located in an R3-38 zone iii) exterior side yard 3.6 metres to dwelling; 1.5 metres to the unenclosed porch iv) rear yard 3.0 metres to dwelling; 1.2 metres to the unenclosed porch f. Special Yard Regulation i) separation between dwelling and garage on the same lot a minimum of 6 metres ii) a detached private garage may have a 0.0 metre side yard setback where the detached garage has a common wall with another private garage on an adjacent lot located in the R3-38 zone. iii) 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. iv) steps may project into the required rear or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metre. g. Visibility Triangle (minimum) 5.0 metres h. Lot Coverage (maximum) i) dwelling 40 percent ii) total of all buildings and structures 55 percent iii) notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable floor 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 10.0 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 15.0 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. h. Height of floor deck of unenclosed parch above finished grade (maximum) 1.0 metre i. Height (maximum) 12.5 metres 5. "14.6.39 URBAN RESIDENTIAL EXCEPTION (R3-39) ZONE: Notwithstanding Sections 3.1g.; j. i), iv); 3.16 i. iv); 3.22; 14.1; 14.2; 14.3; a.; b.; c.; e.; g.; and h; and 14.4. those lands zoned R3-39 shown on the Schedules to this By-law shall only be used for linked dwellings and street townhouse dwellings, subject to the following zone regulations: a. For the purposes of this Section, the terms: Dwelling, Linked shall mean a building separated vertically into two separate dwelling units, which are horizontally connected at the footing, each of which has an independent entrance directly from the outside of the building and each of which is located on a separate lot. Lot Area (minimum) i) linked dwelling 585 square metres ii) townhouse dwelling 185 square metres b. Lot Frontage Interior (minimum) i) linked dwelling 19.6 metres ii) townhouse dwelling 6.6 metres c. Lot Frontage Exterior (minimum) i) linked dwelling 22.2 metres ii) townhouse dwelling 10.0 metres d. Yard Requirements (minimum) i) front or exterior side yard 6.0 metres to the garage, 3.0 metres to dwelling; 1.2 metres to the unenclosed porch; on a street abutting a municipal sidewalk 3.6 metres to dwelling; 1.8 metres to the unenclosed porch ii) interior side yard 1 .2 metres, nil where building has a common wall with any building on an adjacent lot located in an R3-39 zone iii) rear yard 7.5 metres e. Special Yard Regulation i) notwithstanding the interior side yard requirements above, a linked dwelling connected by the footing shall have a horizontal distance between the interior walls of the two (2) dwelling units above finished grade between 1.2 metres and 1 .5 metres. on a corner lot where an attached garage door is accessed over the exterior lot line, the minimum required rear yard may be reduced to 1.2 metres; on a corner lot where an attached garage door is accessed over the exterior lot line, air conditioning and heat exchange units shall be permitted within that portion of the yard located between the dwelling and the garage, provided that such units do not encroach into the required exterior yard setback; iv) on a corner lot where an attached garage door is accessed over the exterior lot line, a deck may be located within the exterior side yard provided that the deck complies with the greater of the minimum exterior side yard requirement applicable to the dwelling units or the actual side yard measured between the property line and the dwelling face. v) bay windows with foundations may project into any required front yard or exterior side yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 2.4 metres. vi) steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metre. vii) visibility triangle (minimum) 5.0 metres f. Lot Coverage (maximum) i) dwelling 50 percent ii) total of all buildings and structures 55 percent iii) notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable floor 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 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 20.0 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 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 12.5 metres i. Driveway Width (maximum) i) interior lot 4.6 metres ii) exterior lot 6.0 metres j. Garage Requirements 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 6. Schedule 3D and 3G to By-law 84 63 as amended is hereby further amended by changing the zone designation from: Agricultural `A' to Holding Urban Residential Exception ((H) R1) Zone Agricultural `A' to Holding Urban Residential Exception ((H) R1-79) Zone Agricultural W to Holding Urban Residential Exception ((H) R3-37) Zone Agricultural `A' to Holding Urban Residential Exception ((H) R3-38) Zone Agricultural 'A' to Holding Urban Residential Exception ((H) R3-39) Zone 7. Schedule 'A' attached hereto shall form part of this By-law. 8. 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 by the Ontario Municipal Board this 2nd day of December, 2009 Ontario Municipal Board This is Schedule • 1 1 • passedthis - - - day of 2009 A.D. loll mom - WN I ill • - NOW . . ME ■ 111 : = '�, = � � 1 -_ r ISSUE DATE: Feb. 03, 2010 PL080998 Ontario Ontario Municipal Board Commission des affaires municipales de ['Ontario West Diamond Properties Inc. and Players Business Park Ltd. have appealed to the Ontario Municipal Board under subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from the failure of the Municipality of Clarington to make a decision respecting a proposed plan of subdivision on lands composed of Part Lot 17, Concession 2 in the Municipality of Clarington Approval Authority File No. S-C-2004-004 OMB File No. PLO81139 West Diamond Properties Inc. and Players Business Park Ltd. have appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to rezone lands respecting Part Lot 17, Concession 2 from A and A-74 to R1-X, R1-Y, R3-X, R3-Y and EP-X to permit the development of a subdivision consisting of 612 dwelling units, a parkette block and a park block OMB File No. PLO80998 West Diamond Properties Inc. and Players Business Park Ltd. have appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to rezone lands respecting Part of from A and A-74 to R1-X, R2-X and R3-X to permit the development of a si en la l i OMB File No. Z040108 REVIEWED BY ORIGINAL TO: APPEARANCES : ❑ COUNCIL ❑ COUNCIL D FILE DIRECTION INFORMATION COPY TO: ❑ MAYOR ❑ MEMBERS ❑ CAO OF COUNCIL Parties Counsel ❑ COMMUNITY ❑ CORPORATE ❑ EMERGENCY SERVICES SERVICES SERVICES. West Diamond Properties Players ies Inc. & Pla R. Houser ❑ ENGINEERING ❑ MUNICIPAL ❑ OPERATIONS p y E' ES CLERK'S Business Park Ltd. MINING p SOLICITOR ❑ TREASURY SERVICES Municipality of Clarington D. Hefferon ❑ OTHER' MUNICIPAL CLERICS FILE s am -Oo MEMORANDUM OF ORAL DECISION DELIVERED BY S. J. SUTHE AN�� -a`� ON DECEMBER 2. 2009 AND ORDER OF THE BOARD West Diamond Properties Inc. and Players Business Park Ltd. (Applicant/Appellant) have appealed to the Ontario Municipal Board (Board) under s. Y. - 2 - PLO80998 51(34) of the Planning Act from the failure of the Municipality' of Clarington to make a decision respecting a proposed plan of subdivision on lands composed of Part Lot 17, Concession 2 in the Municipality of Clarington (Municipality). The Applicant/Appellant also appealed to the Board under s. 34(11) of the Planning Act from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 (ZBL) of the Municipality to rezone lands respecting Part Lot 17, Concession 2 from A and A-74 to R1-X, R1-Y, R3-X, R3-Y and EP-X to permit the development of a subdivision consisting of 612 dwelling units, a parkette block and a park block, which is referenced as Board's file PLO80998 along with an earlier appeal of the same By-Law referenced as Board's file PL040108. On November 23, 2009, the Council of the Municipality approved a Settlement Report (Exhibit 4,Tab 1), and the Board heard that West Diamond's appeals would be resolved by the Board's approval of the draft plan of subdivision, conditions of draft approval and By-law 2009-168, as set out in the attachments to the Settlement Report. At this hearing, the Board heard expert planning evidence from Carlo Pellarin, :Itpager ofi Development Review for the Municipality. It was Mr. Pellarin's uncontested opinion that Draft, Plan of Subdivision. S-C-2004-004, the conditions of draft approval and By-law 20.097;1_58, which is the proposed amendment to By-Law 84-63, conform to the Municipality`s OPA 60, the secondary plan for the Brookhill Neighbourhood, and that they constitute good: Manning, are consistent with the 2005 Provincial Policy Statement (PPS) and conform to the Growth Plan for the Greater Golden Horseshoe, 2006 (GP). ,.. F Mr: Pellarin told the Board that, as required by the PPS and the GP, development will be occurring adjacent to a built up area, will have compact form, and a mix of uses and densities diet will allow for the efficient use of the land, infrastructure and public services. _.In conformitt with the GP, growth is being directed to a settlement area, and urban open:space isfovided for in the development. The development has taken into account the availability and location of existing and planned community infrastructure. The subject lands are designated "Living Area" within the Durham Regional Official Plan (ROP). Lands within this designation shall be used predominantly for housing purposes, incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. F r.' - 3 - PLO80998 Limited office development and retailing of goods and services as a component of mix use development may also be permitted. In Mr. Pellarin's opinion, the application conforms to the ROP in all respects. Modifications to Amendment No. 60 to the Municipality's Official Plan (OP) were approved by Council on October 26, 2009 and presented to the Board uncontested, with formal Board approval being given on November 27, 2009. Mr. Pellarin testified that the draft Plan of Subdivision is consistent with the Principles and _ Community Structure contained in the Secondary Plan„ _The neighbourhood is edged by a primary road network congstir�'gW4k � l o_ i ev rd and Green Road. In the centre, a parkette is surrounded.....by_..medium, deny ity development. Housing is focussed around the parkette with access by rear laha?=c;; f; i30o6,, L Within the Secondary Plan, the subject lands are designated Look„Den Fity Residential, Medium Density Residential, Neighbourhood &mrimons Ari34'and `PaFke e. Mr. Pellarin said the development' respects these designations:;:and,will"b.e,;consistent with OP policies. THE BOARD ORDERS that the appeal is allowed LYid'the draft"plan' lS'oWrt s Exhibit 5 is approved subject to the fulfillment of the con1tions-as._set.out-in. Exhibi 4 Tab 4; and further, : THE BOARD ORDERS that pursuant to subsection 51(56.1) of the Planning Act, the Municipality of Clarington shall have the authority to clear the conditions of draft approval and to administer final approval of the plan of subdivision for the purposes of subsection 51(58) of the Act. In the event that there are any difficulties implementing any of the conditions of draft plan approval, or if any changes are required to be made to the draft plan, the Board may be spoken to; and further THE BOARD ORDERS that the appeals against By-Law 84-63 of the Municipality of Clarington are allowed in part, and By-Law 84-63 is amended as depicted as By-Law 2009-168'and as shown as Exhibit 4 Tab 5. In all other respects, the Board Orders the appeals are dismissed. - 4 - PLO80998 These are the Board's Orders. "S.J. Sutherland" S. J. SUTHERLAND MEMBER DISTRIBUTI ON .REVIEWED BY ORKiINAL TO:. . ❑ COUNCIL ❑ COUNCIL ❑ FILE DIRECTION INFORMATION COPY TO: . ❑ MAYOR ❑ MEMBERS ❑ CAD OF COUNCIL ❑ COMMUNITY ❑ CORPORATE ❑ EMERGENCY SERVICES SERVICES SERVICES b ENGINEERING ❑ MUNICIPAL ❑ OPERATIONS SERVICES CLERK'S ❑ PLANNING ❑ SOLICITOR ❑ TREASURY SERVICES ❑ OTHER MUNICIPAL CLERICS FILE