HomeMy WebLinkAboutPSD-054-11 qJhp11 REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 13, 2011 Resolution #: C3Ia-// By-law #: 010//- 0 6 V
PO //- O6 C
Report#: PSD-054-11 File#: ZBA2011-0013
Subject: REZONING APPLICATION TO COMPLY WITH AN ONTARIO MUNICIPAL
BOARD DECISION
APPLICANT: VALLEYMORE LAND CORP.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-054-11 be received;
2. THAT provided there are no significant issues raised at the Public Meeting, the
application to amend Zoning By-law 84-63 and Zoning By-law 2005-109 to allow for the
development of six (6) residential lots previously approved by the Ontario Municipal
Board (OMB) be approved and that the proposed Zoning By-law Amendment contained
in Attachment 6 and Attachment 7 to this Report be passed;
3. THAT a copy of this Report and Council's decision be forwarded to the Region of
Durham Planning Department and the Municipal Property Assessment Corporation
(MPAC); and
4. THAT all interested parties listed in Report PSD-054-11 and any delegations be advised
of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A61(905)623-3379 F (905)623-0830
REPORT NO.: PSD-054-11
Submitted
David J. Crome, MCIP, RPP
Director of Planning Services
TW/CP/df
6 June 2011
PAGE Z
Reviewed by:
F n u,
/f ~ Chief Administrative Officer
REPORT NO.: PSD-054-71
PAGE 3
1.0 APPLICATION DETAILS
1.1 Applicant/Owner: Valleymore Land Corp.
1.2 Proposal: To rezone a portion of the subject lands to allow for the development
of six (6) residential lots previously approved by the Ontario
Municipal Board (OMB) while recognizing environmental features
and appropriate setbacks. The application will amend the zone
provisions of both Zoning By-law 84-63 and 2005-109.
1.3 Area: 17.94 ha (44.33 ac)
1.4 Location: 4170 Regional Road 9, Part lot 15, Concession 7, former Township of
Clarke (see Attachment 1).
2.0 BACKGROUND
2.1 On April 29,.2011 Valleymore Land Corp. submitted an application to rezone the
hatched portion of the subject lands depicted on Attachment 1. The subject lands are
part of a larger draft approved and zoned plan of subdivision containing 14 lots (OMB
File No. S900131).
2.2 In 1988 a previous owner submitted applications to amend the Region of Durham
Official Plan (OPA88-107/D) and Zoning By-law 84-63 (DEV88-122) to permit the
development of fourteen estate residential lots. A plan of subdivision application
followed in 1990 (18T-90001). These applications were appealed to the OMB following
Regional approval in 1990. The OMB approved the Regional Official Plan amendment
application as well as the rezoning and plan of subdivision applications in June 1992.
2.3 The OMB decision amended Zoning By-law 84-63 zoning the property "Agricultural
Exception (A-45) Zone", "Environmental Protection Exception (EP-7) Zone" and
"Residential Estate Exception (RE-8) Zone" (see Attachment 2).
2.4 On June 6, 2005, Council approved the Oak Ridges Moraine Zoning By-law 2005-109
which incorporated the policies of the Oak Ridges Moraine Conservation Plan
(ORMCP). The ORMCP was established through legislation by the Province to guide
land use on the Oak Ridges Moraine. This Plan is an ecological plan, the main
objective of which is to protect the Moraine's environmental and hydrogeological
features.
2.5 Municipalities were required to incorporate the provisions of the ORMCP into Municipal
planning documents, inGuding Zoning By-laws. The Council approved Zoning By-law
2005-109 respecting the OMB decision recognizing an approved subdivision and
rezoning, as policies within the ORMCP permitted plans that had been approved prior to
its existence on November 15, 2001 to continue. The original OMB approval applied
the Environmental Protection Exception (EP-7) zone to a pond, environmentally
sensitive lands, an unclassified wetland, and a tributary of the Ganaraska River.
REPORT NO.: PSD-054-11 PAGE 4
2.6 The Ministry pf Municipal Affairs and Housing approved Zoning By-law 2005-109 with
modifications on March 24, 2010. The province provided mapping identifying all features
to be identified as Environmental Protection as part of the conformity exercise in
implementing the ORM. A 30 metre buffer was applied to the tributary of the Ganaraska
River, a pond. and an unclassified wetland located at the south end of the property. This
has resulted in the majority of the two lots at the south west end of the property being
zoned Environmental Protection. The new EP boundary does not leave enough area on
the lots outside of the Environmental Protection Zone to accommodate previously
approved single detached dwellings (see Attachment 3).
2.7 The boundary of the Oak Ridges Moraine as established by the ORMCP was based on
the contour of elevation 245.00 Canadian Geodetic Vertical Datum 1928 (GDVD28). All
lands above this elevation are considered to be within the ORM. This elevation contour
bisects the subjects lands and as a result part of the draft approved subdivision is
subject to Zoning By-law 84-63, while the lands above the contour of elevation 245.00
are governed by Zoning By-law 2005-109.
2.8 Although the draft approved lots are zoned residentially in both Zoning By-laws with the
same zone provisions, four lots containing the boundary between Zoning By-law 84-63
and Zoning By-law 2005-109, require an exemption to the provisions pf "Section 3.14
Multiple Zones on One Lot" contained in Zoning By-law 84-63. This provision treats the
boundary between Zoning By-laws as a lot line; requiring dwellings to have rear yard
set backs of 15 metres measured from the Zone boundary between the two by-laws.
Combined with the required 15 metre front and exterior side yard setbacks, there will
not be adequate area remaining to site a house on the affected lots (see Attachment 4).
2.9 In summary, the. rezoning application is a technical amendment with two components:
1) To amend the provision in Zoning By-law 84-63 which requires a zone boundary to
be treated like a lot line for setback purposes; and
2) To adjust the limits of the Environmental Protection (EP) Zone for the lands subject.
to Zoning By-law 2005-109 to match the OMB approval, including a 10 metre buffer
for the pond, unclassified wetland and tributary of the Ganaraska River.
2.10 A Phase 1 Environmental Site Assessment and Updated Hydrogeological Report has
been submitted in support of the related subdivision application 18T-90001 in an effort
to satisfy the approved conditions of draft approval issued by the OMB in 1992.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is currently undeveloped and contains wooded and wild grass
areas, a pond, an unclassified wetland, and is part of the headwaters of the Ganaraska
River. There is a hydro corcidor that spans the width of the property at its north end.
REPORT NO.: PSD-054-11 PAGE 5
3.2 The surrounding uses are as follows:
North: .Residential
South: Woodlands and Agricultural
East: Residential and Agricultural
West: Agricultural, Woodlands, and the Brimacombe Ski Hill
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
Section 4.9 of the Provincial Policy Statement indicates that Provincial Plans, which
includes the Oak Ridges Moraine Conservation Act, 2001, take precedence over
policies in the Provincial Policy Statement to the extent of any conflict.
4.2 Oak Ridoes Moraine Conservation Plan
Section 7 of the ORMCP permits the use erection and location of a single dwelling if it
would have been permitted by the applicable zoning by-law on November 15, 2001,
providing it will not adversely affect the ecological integrity of the Plan Area.
Section 8 permits construction of a building or structure if the use erection, and location
were authorized by the approval of a Subdivision application that was commenced
before November 17, 2001.
Due to the original approvals of both the rezoning and plan of subdivision applications
by the OMB in 1992, this application conforms to the policies of the Oak Ridges Moraine
Conservation Plan.
5.0 OFFICIAL PLANS
5.1 Durham Reoional Official Plan
The Durham Regional Official Plan designates the property Major Open Space and
Natural Core Area within the Oak Ridges Moraine. Major Open Space Areas are
predominantly for conservation, and a full range of agricultural, agricultural-related and
secondary uses. Area municipal Official Plans may further distinguish between non-
agricultural uses which are compatible with the character of Major Open Space Areas.
Natural Core Areas have a high concentration of key natural heritage features,
hydrologically sensitive features and landform conservation areas.
5.2 Clarinaton Official Plan
The Clarington Official Plan designates the property Country Residential and
Environmental Protection Area. Lands designated Country Residential are for single
REPORT NO.: PSD-054-11
PAGE 6
detached residential dwellings. Subdivisions are not to exceed 20 lots in size and are to
be planned and designed to blend into the rural landscape.
Environmental Protection Areas recognize natural heritage features and their ecological
functions which are to be preserved and protected from the effects of human activity.
6.0 ZONING BY-LAW
6.1 Zonina ev--law 84-63
The subject lands are located within the "Residential Estate Exception (RE-8)",
"Environmental Protection Exception (EP-7)" and "Agricu!#ural Exception (A-45) Zones.
The affected lots are located entirely within the "RE-8" portion of the property.
6.2 Zonina By-law 2005-109
For lands within the Oak Ridges Moraine, the subject lands are within the (RS1-1) Rural
Settlement One Exception and (EP) Environmental Protection Zone. The RS1-1 zone
in Zoning By-law 2005-109 duplicates the provisions of the RE-8 zone as approved by
the OMB.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 The Phase 1 Environmental Site Assessment determined that there was no evidence of
contamination on the subject property.
7.2 An Updated Hydrogeological Report prepared by Geo-Logic Inc. was prepared as an
update to the previous work carried out and approved as part of the OMB hearing in
1992. Additional work was conducted for verification purposes to determine if the
original contusions .remain valid. The purpose of this study was to identify the local
hydrogeology of the site, to evaluate potential impacts resulting from the development
and related construction and determine ff the local aquffer, based upon drilled wells, can
support the proposed development.
The study determined that there is no connectivity between the shallow groundwater
(i.e. ponds, wetlands etc.) and the deeper drilled wells that will be required. It also
indicates that there is sufficient lot area to attenuate septic effluent with minimal risk of
impacts to proposed wells, neighbouring wells or adjacent wetlands or ponds. The
report concluded that provided the proposed private septic systems and wells are
constructed appropriately, there will be no contamination or signficant reduction of the
level of groundwater as a result of the proposed development.
This report is currently being peer reviewed by the Region of Durham and will require
approval to fulfil the conditions of approval Draft Approved Plan of Subdivision 18T-
90001.
REPORT NO.: PSD-054-11 PAGE 7
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the subject
property and a public meeting notice was installed on the property.
8.2 Four residents contacted staff regarding the application. One inquiry was general in
nature while the others expressed the following concerns:
Mrs. Weyrich immediately west of the subject property expressed concern about
contamination of her pond by the proposed septic systems; breaking of the dam for
her pond due to on site grading; and a reduction in well water. She also wanted to
ensure someone from the Municipality visited the site to observe the location of
various springs on the subject property.
• Mr. and Mrs. Roughley to the west of the site submitted correspondence indicating
they are concerned that the springs that feed neighbouring wells would be negatively
impacted if proposed septic systems flowed into the springs. They questioned the
responsibility of the developer should their well be ruined. They also wondered if
additional lots could be created as a result of the application. In a follow up
conversation, Mrs. Roughley also expressed concern
that she wanted the views from her home protected and hoped that the homes
would be sited along the court.
Mr. Reid attended a site visit with staff and indicated he was concerned about the
protection of environmentally sensitive lands.
9.0 AGENCY COMMENTS
9.1 The Ganaraska Region Conservation Authority has reviewed and given due
consideration to the proposal. With respect to matters under the jurisdiction and
mandate of the Ganaraska Region Conservation Authority, there is no objection to the
proposed amendment. With respect to the lands in question they noted the following:
The subject lands are partially within the regulatory jurisdiction of the Ganaraska
Region Conservation Authority. A permit is required under the Development,
Interfennce with Wetlands, Alteration to Shorelines and Wafercourses
Regulation (Ontario Reg. 168/06) priorto any construction or site alteration on
the regulated portions of the property.
The subject lands are traversed by ident~ed watercourses. A permit is required
from this Authority prior to the alteration of, or interference in any way with the
channel of an identified watercourse.
The subject property is also located partially within the regional storm flood plain.
Both Provincial and Authority policies generally prohibit development in flood
plain areas.
REPORT NO.: PSD-054-11
PAGE 8
9.2 The Region of Durham advised that the subject lands are located within the "Major
Open Space Areas" of the "Oak Ridges Moraine Areas (ORM)" designations within the
Durham Region Official Plan (ROP). This application is for a technical amendment to
implement a 1992 Ontario Municipal Board approval (OMB file# S900131) which
established land use rights on the subject lands. Section 14.4.4 allows for the
continuation of uses that were legally in existence prior to the implementation of the Oak
Ridges Moraine policies of the ROP.
Items related to delegated Provincial Review Responsibilities have been dealt with
through the related subdivision file 18T-90001.
The Durham Region Health Department has no objection to the above mentioned
proposal
Municipal services (watermains & sanitary sewers) are not available to the subject lands
nor does the Regional Works Department have any plans in it's Capital Budget to
extend said services to this area of the Municipality of Clarington at this time. The
application indicates that private water supply and private waste disposal systems are
being proposed. The developer will be required to acquire Regional Health Department
approval for these private systems.
The subject site fronts onto Regional Road 9, a Type "B"arterial roadway in the
Region's Official Plan. No additional road widening is required at this time. Access to
the subject site is proposed from the adjacent Carscadden Road, which is under the
jurisdiction of the Municipality of Clarington.
10.0 STAFF COMMENTS
10.1 Clarington Engineering Services has no objections with the proposed rezoning.
10.2 Resident Concerns:
Location of the Environmental Protection (EP) Zone
On June 1, 2011,. staff from the Planning Services Department and the Ganaraska
Region Conservation Authority visited the site with local residents to discuss their
concerns with the proposal. It was apparent that clarification was needed in regards to
the intent of the application. There was concern that the proposal would move the
boundary of the Environmental Protection (EP) zone to a location within the
environmentally sensitive lands. Staff explained that the original zone boundary created
by the-OMB was located around the perimeter of the pond, woodlot and unclassfied
wetland. It was the intent of the OMB decision that a 10 meter buffer be added for
additional protection. The subject application does not propose to reduce the'EP' zone
boundary from that approved by the OMB.
Residents also expressed a belief that the ORMCP was implemented to protect the
lands on the Oak Ridges Moraine from development. Staff pointed out that the ORMCP
REPORT NO.: PSD-054-11
PAGE 9
contains policies which recognize previously approved plans, as it was. not intended to
remove established property rights that were ih existence as of November 15, 2001.
It should also be noted that the applicant has submitted a tree preserva#ion .plan for the
related subdivision application which proposed to maintain a number of tree stands
outside of the proposed Environmental Protection (EP) zone.
Impacts on Groundwater. Ponds and Wells
A common concern expressed was the potential forimpact on wells and the possibility
of contamination from proposed septic systems. To address these concerns, the
applicants Hydrologist and Geotechnical Engineer provided a letter which indicates that
the proposed lots have a sufficient area to attenuate septic effluents with negligible risk
of impacts to existing. and proposed wells, adjacent wetlands and ponds provided the
waste disposal systems are properly constructed. The letter also advises that three test
wells on site have been examined. Results from the test wells indicate that there is
enough ground water to maintain existing and proposed wells over the long term.
Requirements of the Ministry of the Environment have also been satisfied (see
Attachment 5).
The Region of Durham has a Regional Well Interference Policy. In the unlikely event
that development does have negative impacts on neighbouring wells, the developer.
would be responsible for construction of a new well.
Mrs. Weyrich is concerned that the dam along the east end of her property which
supports an artificial pond could be compromised by the grading of the subdivision. The
grading plans submitted to fulfill the conditions of approval for plan of subdivision 18T-
90001 indicates that grading on site will be within the vicinity of the footprint of the
proposed homes and the proposed cul-de-sac. There is no proposed grading along the
westerly property line adjacent to the pond.
Additional lots and Views
Additional lots are not proposed by the application. The plan of subdivision that was
approved contains fourteen lots and could not be modified without a new application. A
new plan of subdivision application would have to comply with the policies of the
ORMCP which would not permit additional lot creation within a Natural Core Area.
The grading plan for the proposed development indicates that proposed dwellings would
be located around the court. The dwellings location is regulated by the zone provisions.
Generally it appears that placement of the dwellings will be to the north and outside of
the direct westerly view of Mrs. Roughley's home.
10.3 The Official Plan designations are consistent with the 1992 OMB approval. The Official
Plan has been amended in accordance with the ORMCP and was approved by the
Ministry of Municipal Affairs and dousing on October 17, 2005. As the proposed
rezoning would comply with the Official Plan and policies are in place in the ORMCP to
recognize the 1992 OMB approval, it is appropriate to rezone the subject lands as
requested.
REPORT NO.: PSD-054-11 PAGE 10
Staff is proposing to adjust the Environmental Protection (EP) zone boundary from what
had been approved by the OMB to more accurately depict the text of the OMB decision,
specifing that the zone boundary provide a 10 metre buffer around the pond. The
previous boundary was drawn in a manner which did not encompass. the entire pond
area at the south end of the property. It is likely that the mapping that was available in
1992 was not as refined as what is available today. The zone boundary proposed has
been adjusted in accordance with the text of the OMB decision. The increased
Environmental Protection (EP) zone should not impact the ability to site a house on the
lot which contains the pond.
10.4 The OMB decision for this development had determined that these lands were not on
the Moraine. As a result, staff had excluded the lands from Zoning By-law 2005-109
when completing the conformity exercise. In approving Zoning By-law 2005-109, the
Ministry modified the zoning on the subject lands to reflect the current limits which
caused the issue of zone boundaries bisecting some of the lots. This issue is a
technical matter as the zoning in both by-laws permits the residential use.
10.5 Taxes for the subject property are paid in full.
11.0 CONCLUSIONS
11.1 The application has been reviewed inconsideration of comments received from the
circulated agencies, the policies of the Clarington Official Plan, the Zoning By-law
regulations, and the public. In consideration of the comments contained in this report,
Staff respectfully recommends that the proposed Zoning By-law amendment contained
in Attachments 6 and 7 be passed by Council.
stafff Contact: Tracey Webster
Attachments:
Attachment 1 -Key Map
Attachment 2 -Zoning of the property contained in Zoning By-law 84-63
Attachment 3 -Zoning of the property contained in Zoning By-law 2005-109
Attachment 4 - 15 metre set backs on Lots 2, 3, 4 8 5
Attachment 5 -Resident Issues Letter prepared by Geo-logic
Attachment6 -Zoning By-law Amendment for Zoning By-law 84-63
Attachment 7 -Zoning By-law Amendment for Zoning By-law 2005-109
List of interested parties to be advised of Council's decision:
Valleymore Land Corp.
George Smith Real Estate Law
Carole and Donald Roughley
Leanne Kealy
Ruth Weyrich
Robert Reid
Attachment 1
Attachment 2
Attachment 3
To Report PSD-a54-11
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Attachment 4
To Report PSD-054-11
Attachment 5
To Report PSD-054-11
GEO-LOGIC INC.
347 Pido Road, Unit 29
Peterborough, Ontario K9J 6X7
Tel: (705) 749-3317
Fax: (705) 749-9248
www.geo-logic.ca
D.G. Biddle and Associates Limited
96 King Street East
OSHAWA, Ontazio
L1H 1B6
Attn: Mr. Bill Creamer
Senior Project Manager, Associate
May 25, 2011
Re: Rezoning Application ZBA2011-0013 Resident Issues Letter
Proposed Kirby Heights Subdivision
Our Project No.: G023145E1
Dear Mr. Creamer:
The following letter provides responses to issues raised by local residents located at 4140 Regional
Road 9 west of the proposed Kirby Heights subdivision. The issues involve contamination of a
pond by the proposed septic systems, breaking of the pond dam and reduction of well water. These
issues were provided to Geo-Logic Inc. (Geo-Logic) on May 12, 2011 via an email. The concerns
are outlined below followed by responses from Geo-Logic.
i) The Proposed Sepric Svstems
Most constituents in septic effluent are usually removed within a short distance of travel within
the soil matrix. The pond is located southeast of the resident's dwelling and will be on the order
of 50 m from the nearest lot's septic. However, mobile constituents such as nitrates require
sustained dilution to meet the drinking water standards of 10 mg/L N for nitrate. Any residual
nitrate in the septic effluent will be diluted if it reaches the pond without significant adverse
impact to the pond water quality. As part of Geo-Logics assessment all local wells and septic
systems were considered. It is Geo-Logic's opinion that there is sufficient area to attenuate
septic effluent with negligible risk of impacts to the proposed subdivision wells, neighbouring
wells or adjacent wetlands or ponds provided that the waste disposal systems aze properly
constructed.
ii) The Pond/Dam
No significant changes are expected to the overland flow generated from impervious surfaces
from the proposed subdivision. Impervious surfaces are expected to increase overland flow by
less than TO percent and stormwater runoff will generally be directed away from the pond azea.
Geotechnical Engineering ~ Materials Testing ~ Building Science ~ Environment
Debrod ~ Watenoo ~ St. Catharines ~ Toron7o ~ Durham Region ~ Peterborough ~ Pembroke ~ Kingston ~ Otlawa ~ Montreal ~ Halifax
Rezoning Application ZBAZOI 1-0013 Resident Issues Letter Geo-Logic Inc.
Proposed Kirby Heights Subdivision
Region of Durham Project No. G023145E1
iii) Local Well Water•
This area is within the regional physiographic area known as the Oak Ridges Moraine which is
known for having high groundwater yields of very good quality water. The wells within the
proposed subdivision will tap into the sand and gravel aquifer 20 to 25 metres below grade. The
pumping test conducted within the proposed subdivision site were completed at three (3} wells
including test well TW-l. The pumping rate at TW-l was conducted at a yield of 68 L/rnin
(98,064 L per day) and the data indicates that this well is capable of maintaining this rate over
the longterm.
The average flow of water required by the 14 lots calculated according to the Ministry of the
Environment Protocol D-S-S is 94,500 L/day, less than the yield from TW-l. In addition, the
relatively small drawdown observed at TW-1 during the test pumping indicates a negligible
response expected across the deep aquifer (i.e. no significant interference to neighbouring wells).
It is Geo-Logic's opinion that the overburden aquifer is capable of providing sufficient water for
the subdivision without significant interference to other wells. Details regarding khe well at 4140
Regional Road 9 were not provided to Geo-Logic during the well survey or in response to the
letter that was dropped off at the house. However, based on the prolific aquifer and the location
of the well; it is our professional opinion that the well will not be irnpacted by the development.
W'e trust that these responses meet with your immediate requirement and allow for the final
acceptance of the study. Should you have any questions, please contact our office.
/bn
Yours Truly,
Geo-Logic Inc.
Geotechnical Engineers
And Hydrogeologists
~ . ~Ie~
Robert Neck, M.Eng.
Project Manager
c
Nyle cIl e ng.
Sen~ r Engineer
2
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2011-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
Attachment 6
To Report PSD-054-11
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 2011-0013;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. By deleting Section 8.3.8 and replacing it as follows:
"8.3.8 RESIDENTIAL ESTATE EXCEPTION (RE-8) ZONE
Notwithstanding Sections 3.14 and 8.2, the lands zoned RE-8 on the Schedules
to this By-law shall be subject to the following regulations:
a) Lot Area (minimum)
0.8 hectares
b) Lot Frontage (minimum) 45 metres
c) Where this By-law limit divides a property, provided the use of that lot
cdnforms with the zone requirements, this By-law shall not be a zone limit
for defining Ict area and yard setbacks.
2. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 2011
BY-LAW read a second time this day of 2011
BY-LAW read a third time and fnally passed this day of 2011
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW N0.2011-
Attachment 7
To Report PSD-054-11
being a By-law to amend By-law 2005-109, 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 2005-109, as amended, of the Corporation of the
Municipality of Clarington for ZBA 2011-0013;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "E15" to By-law 2D05-109, as amended, is hereby further amended by
changing the zone designation from ""Environmental Protection (EP) Zone" to
Rural Settlement One Exception (RS1-1) Zone" as illustrated on the attached
Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 2011
BY-LAW read a second time this day of 2011
BY-LAW read a third time and finally passed this day of 2011
Foster, Mayor
Barrie, Municipal Clerk
This is Schedule "A" to By-law 2011-
,
passed this day of , 2011 A.D.
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® Zoning Change From "EP" To "RSt-1"
®Zoning To Remain "RS1-1"
®Zoning To Remain "RE-8"
Zoning To Remain "EP"
i ;''~" Zoning To Remain "EP-7
Zoning To Remain "A-45"
Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk
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