HomeMy WebLinkAboutPSD-014-05 Addendum
Unfinished Business
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, March 29, 2005
Report #:
Addendum to PSD-014-05
File #: ZBA 2004-045
and 18T-87021
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By-law #:;20;:>5 :; (
Subject:
LIBERTY STREET DEVELOPMENT INC.
AGENT: TUNNEY PLANNING
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-014-05 and Addendum to Report PSD-014-05 be received;
2. THAT the application to amend Zoning By-law 84-63, be APPROVED and that the amending
by-law, as per Attachment 3 to the Addendum to PSD-014-05 be forwarded to Council for
approval;
3. THAT the Mayor and Clerk be authorized by By-law, to execute a Subdivision Agreement
between the Owner and the Municipality of Ciarington at such time as the agreement has been
finalized to the satisfaction of the Directors of Engineering Services and Planning Services;
4. THAT a copy of this Report and Councii's decision be forwarded to the Region of Durham
Planning Department; and;
5. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by:
Reviewed by:
o ~-5~
Franklin Wu,
Chief Administrative Officer
TW/CP/df
16 March 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830
1501
ADDENDUM TO REPORT NO.: PSD.014.05
PAGE 2
1.0 BACKGROUND
1.1 On January 24, 2005, Council referred application ZBA2004-045 as contained in Report
PSD-014-05 back to staff to report on the impact of the developer's proposed three (3)
metre exterior side yard setback and related grading issues. The related amendment to
Draft Approved Plan of Subdivision 18T-87021 contained in Report PSD-014-05 was
approved by Council on January 24, 2005.
2.0 DISCUSSION
2.1 Within report PSD-014-05, Staff recommended exterior side yard setbacks of 4.0
metres to a dwelling and 2.0 metre to an unenclosed porchibalcony, rather than the 3.0
metres and 1.2 metres requested by the applicant. This recommendation resulted out
of concern that the requested reduction was too extreme when compared with existing
exterior side yard setbacks permitted in surrounding developments.
2.2 Staff noted that by allowing homes to be located closer to the street there would be
reduced opportunity for landscaping. The homeowners may not feel comfortable using
their porches, as the exterior side yard that once defined private and public realms
would be further reduced.
2.3 Engineering Services expressed concerns regarding lot grading, particularly the
potential need for retaining walls if grade differentials would not permit a natural grade
to the street.
2.4 Staff contacted the City of Pickering, Town of Ajax, Town of Whitby and City of Oshawa
to determine if similar exterior side yard setbacks to what the applicant has proposed,
are permitted in these municipalities. With the exception of the Town of Whitby, all area
municipalities have permitted reduced exterior side yard setbacks to a dwelling from
their traditional 4.5 metre or 6 metre setbacks. The City of Oshawa and the Town of
Ajax have permitted 2.0 metre setbacks, while the City of Pickering permits 3.5 metre,
2.7 metre and 2.5 metre setbacks within various zone categories. Oshawa and Ajax
allow porches to be setback 1.0 metres to the property line and steps may be located
commencing at the property line.
2.5 In Clarington urban areas, traditionally dwellings were required to be set back six (6)
metres from the exterior side yard in Bowmanville, as depicted in Figure 1. In recent
years, staff have recognized the benefit to reducing this requirement to 4.5 metres in
order to increase land efficiencies and provide an attractive streetscape.
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ADDENDUM TO REPORT NO.: PSD-014.05
PAGE 3
Figure 1: Dwelling in Bowmanville with a 6 metre exterior side yard
2.6 Staff visited developments in surrounding municipalities where reduced exterior side
yard setbacks have been permitted. Figures 2 and 3 contain dwellings in Oshawa
where a 2 metre exterior side yard setback is permitted. These dwellings are very close
to the municipal sidewalks. Although the applicant had requested a 3 metre setback to
the dwelling, a request for 1.2 metres to an unenclosed porch/balcony was requested.
Staff are concerned that by permitting dwellings and porches to be setback closer to the
street, the boundary between the private and public realm would be blurred and the
privacy of the homeowner impacted.
Figure 2: Dwelling in Oshawa with a 2 metre exterior side yard setback
1503
ADDENDUM TO REPORT NO.: PSD-014-05
PAGE 4
Figure 3: Dwelling in Oshawa with a 2 metre exterior side yard setback
2.7 Staff also observed that the dwellings in the Park Ridge development in Oshawa had a
larger front yard setback than an exterior side yard setback. This resulted in houses on
corner lots that front on an adjacent street to project into the side yard further than the
front of the houses that front on the street where the house is flanking. This is shown in
Figure 4 below.
Figure 4: Dwelling in Oshawa on a corner lot that projects in front of
Dwellings fronting on an adjacent street
1504
ADDENDUM TO REPORT NO.: PSD.014.Q5
PAGE 5
3.0 STAFF COMMENTS
3.1 At a meeting with Planning Services and Engineering Services Staff on February 15,
2005, representatives for Liberty Street Developments Inc. provided sample corner lot
sitings for eighteen (18) of the thirty-three (33) corner lots within Draft Approved Plan of
Subdivision 18T-87021. Engineering Services Staff subsequently reviewed the sitings
and advised that some of the lots have to be graded with a 3: 1 slope to the exterior
property line. Although the slope is not a direct result of the reduced exterior side yard
setback, the opportunity to flatten the slope would be decreased due to the reduced
exterior side yard.
The result of a 3: 1 slope is a reduced effective height of any privacy fence that the
property owner builds (in other words, the fence will be too low to provide privacy to the
side yard and backyard). Many of the lots have to be graded in this way which staff feel
is undesirable to the buyer.
3.2 On March 7, 2005, Planning Services and Engineering Services Staff met with the
applicant and his consultant to discuss concerns with the requested setbacks. Staff
proposed a compromise to the applicant where the proposed 3.0 metre setback to a
dwelling and 1.2 metre setback to an unclosed porch/balcony be permitted in instances
where the exterior side yard was not adjacent to a municipal sidewalk. In locations
where there is a municipal sidewalk, staff would support the recommended 4.0
metre setback to a dwelling and 2.0 metres to a porch. The locations of the proposed
municipal sidewalks are shown on Attachment 2. The recommended setbacks would
also be required on the lots along Bons Avenue and Allworth Crescent given the smaller
lot size and location on an arterial road.
3.3 Block 274 is oriented in such a way that the dwelling could project in front of the
dwellings located on Block 273 and lots 94 to 100. It was proposed that this Block
maintain the setbacks recommended by staff (Attachment 2).
3.4 The applicant was receptive to Staff's proposed compromise which will allow them to
develop eleven (11) lots as they had proposed with reduced setbacks. The revised
Zoning By-law is reflective of the compromise agreed to by Staff and the applicant
(Attachment 3).
3.5 To further address the Engineering Services Department's concern over the effective
height of privacy fencing, staff proposes that the developer be required to install fencing
for all corner lots to the satisfaction of the Engineering Services Department and
Planning Services Department. This would require the inclusion of a new schedule in
the subdivision agreement that outlines the requirements for corner lot fencing location,
size and design. The applicant was in agreement with this proposal.
3.0 CONCLUSION
3.1 In consideration of the comments contained in this report, staff recommend approval of
the zoning by-law amendment as modified and contained in Attachment No.3.
1505
ADDENDUM TO REPORT NO.: PSD.014.Q5
PAGE 6
Attachments:
Attachment 1 - Report PSD-014-05
Attachment 2 - Location of Municipal Sidewalks within Liberty Crossing
Attachment 3 - Revised Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Lisa D'Angelo
Steve Lucchi
Nancy Barnes
Kevin Tunney
P. Louise Barrett
Frank Harris
1506
CI~mgron
ATTACHMENT 1
RE P 0 R~~:~~~um
PLANNING.SERVICESsn-014-o5
. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, January 24, 2005
Report #: PSD-014-05
File #: ZBA 2004/045 and
18T-87021 .
By-law #:
Subject:
AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION 1ST -87021
ZONING BY-LAW AMENDMENT ZBA2004/045 TO PERMIT THE
DEVELOPMENT OF 267 RESIDENTIAL UNITS
APPLICANT: LIBERTY STREET DEVELOPMENTS INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-014-05 be received;
2. THAT the amendment to Draft Approved Plan of Subdivision 18T-87021 submitted by
Liberty Street Developments Inc. be APPROVED subject to the conditions contained in
Attachment 3; .
3. THAT the application for Zoning By-law Amendment (ZBA2004/045) be APPROVED, as
contained in Attachment 5;
. . i
4. THAT the Region of Durham Planning Department be forwarded a copy of this report
and Council's decision; and
5. THAT the applicant, agent, and all interested parties listed in this report and any
delegations be advised of Council's decision. .
Submitted by:
David . Crome, MCIP, R.P.P.
Director of Planning Services
Reviewed by:
2Jv-VLrtR
Franklin Wu,
Chief Administrative Officer
1W/CS/DJC/sh
JanuarY 19, 2005 .
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
636 - 1507
REPORT NO.: PSD-014"()5
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Liberty Street Developments Inc.
1.2 Agent: Tunney Planning Inc.
1.3 Amendment to Draft Approved Plan of Subdivision:
From: 138 lots with 15.0 metre frontages for 138 single detached
dwellings, 56 lots with 18.0 metre frontages for 112 semi-detached
dwellings with a total of 256 units.
To: 78 lots with 9 metre frontages, 98 lots with 12.0 metre
frontages and 85 lots with 15.0 metre frontages all for single
detached dwellings with a total of 267 units.
1.4 Amendment to the Zoning By-law:
From: "Holding - Urban Residential Type One ((H(R1) Zone" to
appropriate zones to penmit the development of single detached
dwellings on lots with 15, 12 and 9 metres frontages with reduced
exterior side and front yard setbacks and increased lot coverages.
To: Permit the proposed amendment to the Draft Approved Plan of
Subdivision.
1.5 Site Area:
17.782 hectares (43.94 acres)
2.0 LOCATION
2.1 The subject lands are located west of Liberty Street; south of Concession Road 3, being
Part of Lot 11 ,CO[lce~sion 2in the former Town of Bowmanville.
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The lands subject to the amendments are currently occupied by a residential sales
office for the proposed development. The remaining lands are currently vacant.
3.2 Surrounding Uses
North - ConCession Road 3 and north of it, vl;Icant lands, a church and two
. .' resiaential dwel1ings~ .' . . .
South - Residential dwellings and vacant lands with a Draft Approved Plan of
. Subdivision (18T-89070) for 88 units for semi-detachedllink dwellings and
C;townhouses.' ". . . .' . .
East - .' . One single detached dwelling on the west side of Liberty Street and a
residential subdivision on the east side of Liberty Street consisting of
townhouses, semi-detached and single detached dwellings.
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REPORT NO.: PSD-014-05
PAGE 3
West-
A single detached dwelling and vacant lands with two Draft Plans of
Subdivisions. Plan 18T -89044 has been draft approved for 70 units for
single-detached, semi-detached/link and townhouse dwellings. Plan 18T-
87087 has been approved for 294 single detached, semi-detachedllink
and townhouse dwel1ings.
4.0 BACKGROUND
4.1 The Region of Durham issued Draft Approval for Plan of Subdivision 18T-87021 in
March 1990. It was subsequently amended in March 1991 and again in March 2001.
The latest amendment was Draft Approved for 138 lots for single detached dwellings,
56 lots for semi-detached dwellings, a block for six (6) townhouse units and a block for
commercial development. The six (6) townhouse units are intended to be developed
with a medium density townhouse block within Draft Approved Plan 18T-89070
consisting of 42 units. The commercial block is intended to be developed with the
property located on the south-west corner of Liberty Street and Concession Road 3.
4.2 On October 5, 2004 Staff received an application to amend Zoning By-law 84-63. The
application to amend Draft Approved Plan of Subdivision 18T-87021 was received on
November 3, 2004. The applicant wishes to amend the lots in the Draft Approved Plan
which were originally approved as lots for 138 single detached dwellings and 56 lots for
semi/link residential units. The proposed change results in an overall increase in lots
from 194 to 261 and units from 256 to 267.
4.3 The following chart illustrates the differences between the Draft Approved Plan of March
1990, revised in March 1991, and March 2001 and the current proposal.
TABLE 1
15 m Sin les 203 194 138
12 m Sin les N/A N/A N/A
9 m Semi/Link N/A 18 112
9 m Sin les N/A N/A N/A
Townhouses N/A 6 6
Total 203 218 256
Net Residential Densi 11.4 12.3 14.3
5.0 OFFICIAL PLAN CONFORMITY
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REPORT NO.: PSD-014-05
PAGE 4
5.2 C/arinaton Official Plan
In the Clarington Official Plan, the subject lands are designated as Urban Residential.
There is a Neighbourhood Commercial Symbol at the north east corner of the subject
lands. The lands are within the Knox Neighbourhood, which has a population allocation
of 5400 and a housing unit target of 1900. The proposed uses conform to the plan.
6.0 ZONING BY-LAW
6.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned
"(Holding) Urban Residential Type One ((H)R1) Zone". A zoning by-law amendment will
be required in order to implement the proposed amendment to draft approval.
7.0 PUBLIC MEETING AND SUBMISSIONS
7.1 Two area residents spoke in opposition to the proposal at the statutory Public Meeting
held on December 6, 2004. Their concerns are summarized below:
. D. Louise Barret, who lives at 342 Liberty Street North was concerned with the
change to the lotting fabric and location of Jennings Place in the vicinity of her septic
bed.
It should be noted that Jennings Place will be constructed in a temporary location
until the septic bed is no ,longer in use. The blocks surrounding Mrs. Barret's
property will also be frozen until Jennings Place is constructed in its permanent
location.
. Mr. Frank Harris identified concerns with the lack of sidewalks along Liberty Street
North and Concession Road 3. He was also concerned with increased traffic
volumes on Concession Road 3.
The applicant is proposing to include sidewalks in this development. Both Liberty
Street and Concession Road 3 are Type B Arterial Roads and are intended to move
significant volumes of traffic.
7.2 Staff have received three calls from residents who reside in the vicinity of the subject
site.
Mr. Lucchi, who resides on the north side of Concession Road 3, west of Liberty Street,'
inquired about the location of Lowrie Street and whether it would affect to his driveway
on Concession Road 3. Lowrie Street enters Concession Road 3 to the west of Mr.
Lucchi's property.
Two phone calls of a general nature were also received.
8.0 AGENCY COMMENTS
8.1 In accordance with departmental procedures, the applications were circulated to obtain
comments from other departments and agencies:
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REPORT NO.: PSD-014-05
PAGE 5
8.2 The Clarington Emergency and Fire Services Division, Clarington Operations, Canada
Post and Rogers Cable have no objections to the proposal.
8.3 The Peterborough Victoria Northumberland and Clarington Catholic District School
Board requests that adequate provision be made for sidewalks in this development.
The Board has no other comments or concerns at this time.
8.4 The Kawartha Pine Ridge District School Board indicated that they have no concerns at
this time and advised that the proposed development will yield approximately 90
students to Harold Longworth Public School which is currently over capacity with four
(4) portables on site. The Board also indicated that they require sidewalks on interior
streets.
8.5 Enbridge, Bell Canada and Veridian Connections offered no objections to the proposal.
Each agency provided standard conditions to be included in the Conditions of Draft
Approval.
8.6 The Region of Durham Planning Department has no objection to the revised draft plan.
The conditions of draft approval provided on March 26, 1990, as amended on March 15,
2001 are still applicable. Condition 1, 4, 6 and 7 of the amended conditions of draft
approval will need to be changed to correspond with the revised plan. These conditions
will need to be complied with prior to clearance by the Region for registration of this
plan.
8.7 The Central Lake Ontario Conservation Authority has no objections to the applications
and indicated that the previously requested conditions of draft approval are still
applicable to the current proposed plan of subdivision.
8.8 The Clarington Engineering Services Division attended staff/developer progress
meetings and were provided with information, drawings and sketches addressing our
various concerns. To summarize, the following issues have been satisfactorily
addressed.
. The developer has demonstrated that houses with 4.6 metre driveways and single
car garages can be sited on the "eyebrow" lots on Allworth Crescent. The ultimate
siting will be reviewed in detail at the Engineering submission stage.
. Kinked driveways are not permitted: however, 4.6 metre wide driveways can be
constructed on the "30 foot" lots if the zoning triangle were reduced to 6.75 metre X
6.75 metre.
. It must be clearly stated (where appropriate) that all services located on the
temporary portion of Jennings Place must be moved and relocated at the applicant's
cost prior to the development of lots 273 through 277 inclusive.
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REPORT NO.: PSD-014-05
PAGE 6
9.0 STAFF COMMENTS
9.1 9.0 and 12.0 Metres Sino Ie Detached Dwellinos
The applicant wishes to amend the existing Draft Approved Plan of Subdivision to
permit the development of only single detached dwellings. The applicant has requested
lots with a minimum of 9.0 metres frontages for single detached dwellings on an interior
lot and 12.0 metres on a corner lot rather than an 18 metres semi-detached or link lot.
The 9.0 metres single detached dwellings will have a similar housing form to the
previously approved 18.0 metre semi-detached link lots with the exception of the link
which is typically accomplished by using a bar to link two units below grade. The
minimum lot area would be slightly decreased for each dwelling unit and the separation
distance between dwellings would remain the same (eg. an interior side yard setback of
1.2 metres on one side and 0.6 metres on the other).
Staff support the proposal to create a new 9 metre single lot category only in a situation
where semi-detachedllink lots have been previously approved. For any new
development, the minimum frontage on a small lot single dwelling should be 10 metres.
The Applicant also proposes to replace some of the 18.0 metres semi-detached links
and some of the 15.0 metres single detached lots with 12.0 metres single detached lots.
This provides a good variety of housing types.
For the 12.0 metres single detached lot category, a corner lot frontage of 13,8 metres
was requested. Typically 15.0 metres would be required to provide for the wider
exterior side yard. Staff support the reduction in corner lot frontages in tandem with the
other recommendations regarding exterior side yard requirements addressed below.
9.2 Front and Exterior Side Yard Setbacks
9.2.1 Front Yard Setbacks
The applicant has requested reduced front yard setbacks to encourage the construction
of porches and balconies and to bring the homes closer to the street. This will provide
an attractive residential environment and encourage social interaction. The reduced
setbacks have been requested for all lots and are outlined in the table below.
Front
3.0 metres
4.5 metres
6.0 metres
Staff are in agreement with the requested front yard setbacks. Similar setbacks to a
dwelling have been penmitted in recent subdivisions, including the subdivision directly to
1512
REPORT NO.: PSD-014-05
PAGE 7
the south of the proposed development. Porches are already permitted to encroach 1.5
metres into the permitted front, side, and rear yards, providing a front yard setback of
3.0 metres to the property line. The General Provisions contained in the Zoning By-law
permits a 1.5 metre encroachment for steps in the front yard. This would permit steps
associated with a porch to be setback 1.5 metres from the property line.
9.2.2 Exterior Side Yard Setbacks
Similar to the requested front yard setbacks, the applicant has requested reduced
exterior side yard setbacks for the purpose of providing an attractive streetscape. While
staff support a considerable reduction of the current standard for an exterior side yard,
the Applicant's request is too extreme. The current, requested and recommended
setbacks are outlined in the table below.
TABLE 3
PROPOSED AND RECOMMENDED MINIMUM
EXTERIOR SIDE YARD SETBACKS
Current
Pro osed
Recommended
4.5 metres
1.2 metres
2.0 metres
6.0 metres
3.0 metres
4.0 metres
6.0 metres
6.0 metres
6.0 metres
Lands to the south and east have been developed with the standard exterior side yard
requirements of 6 metres to any portion of a dwelling and a 1.5 metre encroachment for
an unenclosed porch.
The requested exterior side yard setbacks are out of context to what is currently
permitted in surrounding developments. Reductions have been permitted in other
developments in Bowmanville, however, they have not been reduced below 4.5 metres
to a dwelling. The setback to a porch, when factoring in the permitted 1.5 metre
encroachment would allow for a 3.0 metre setback.
Staff visited developments with setbacks similar to what the applicant has requested in
Ajax, Oshawa, and the Port of Newcastle. Staff observed that the homes on corner lots
were substantially larger than the ones on interior lots. The exterior side yard setbacks
recommended by Staff will encourage the development of homes on corner lots that are
similar in scale to those on the interior lots.
Attachment 6 contains two pictures of a home in Oshawa with similar setbacks to what
is proposed by the applicant. Sitings, provided by the applicant are provided in
Attachment 7 as a comparison. As seen in the photographs, the exterior side yard of
this home is quite narrow with minimal space for landscaping. The stairs from the porch
extend right down to the sidewalk. The planting beds in front of the porch meet the
sidewalk. This causes concern with the ability of a homeowner to be able to maintain
large trees in this yard which may be desired by some residents for the provision of
shade, privacy and an attractive yard.
1513
REPORT NO.: PSD-014"()5
PAGE 8
Grading issues must also be considered. In certain situations there may be grade
differentials that do not allow for a natural grade to the street, necessitating small
retaining walls.
Staff are supportive of reduced setbacks from the current standard to provide a compact
pedestrian-oriented environment with attractive porch features. However, ifthe home is
located too close to the street, the residents will not feel comfortable using the porch.
The requested exterior side yard setbacks may be more appropriate in a denser
urbanized area but is not appropriate for this neighbourhood.
Staff recommend that the exterior side yard setback to a dwelling be 4.0 metres and 2.0
metres to an unenclosed porch/balcony. The setback to the dwelling will closer reflect
the 4.5 metre front yard setback, and the 4.5 metres exterior side yard setbacks in other
areas of Bowmanville. This will provide a consistent streetscape along both the front
and exterior side yards while providing adequate areas for the provision of landscaping
and separation between pedestrians and the homeowner.
9.3 Increased Lot Coveraqe
An increase in lot coverage from 40 to 45 percent was also requested for the 9 metres
minimum lot frontage. Along with the reduced front and exterior side yard setbacks for
all lots in the plan, this will provide the applicant with the ability to intensify the
development by permitting a larger building footprint on all lots.
The applicant has requested an exemption in lot coverage for unenclosed porches and
balconies. It is proposed that on an interior lot, a porch up to a maximum of 12 square
metres in area be permitted. For an exterior lot, porches with a maximum area of 20
square metres is proposed. The table below represents the increase in lot coverage for
the 9.0, 12.0 and 15.0 metres lots using the minimum lot area requirements and the
requested maximum area for porches and balconies.
15.0 metres
12.0 metres
9.0 metres
TABLE 3
PERCENTAGE INCREASE IN LOT COVERAGE
, [
2.61%
3.24%
4.44%
Staff agree with the requested exemption for porches from lot coverage. Through
Architectural Control review, porches are encouraged specifically on exterior lots. By
allowing this exemption further support of the Architectural Control Guidelines is
provided.
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REPORT NO.: PSD-014"()5
PAGE 9
9.4 Siaht Trianqle
Through the detailed review of this proposal it was determined that by reducing the
frontages and interior side yard setbacks, a 4.6 metre wide driveway would likely
encroach within the required 7.5 metre site triangle. Discussions with the applicant
revealed that the lots could develop without the driveway encroaching into the site
triangle if it was reduced to 6.75 metres. Engineering Staff were consulted and are in
agreement with the recommended site triangle.
9.5 Drivewavs on Evebrow lots
Engineering Services was concerned that the eyebrow lots on Allworth Crescent did not
have adequate frontages to accommodate a double wide driveway and area for snow
storage. The applicant provided sitings that demonstrated a 4.6 metre wide driveway
can be accommodated. At the request of Engineering Services, Staff recommends
these lots be zoned to limit the width of the driveway to a maximum of 4.6 metres. The
applicant should also be aware that Engineering Services objects to kinked driveways,
therefore the lots should not be developed with garages that exceed the width of the
driveway.
9.6 Themed Streetscape Features
The proponent is marketing this project with a traditional Ontario town theme. To this
end, a variety of streetscape elements have been proposed including an entry feature at
Bons Avenue and Liberty Street and Concession Road 3 and Lowrie Street. The entry
features are intended to provide a sense of place and a gateway for the proposed
development. Streetscape features will also be incorporated into the development
which includes fencing, landscaping and heritage street lighting.
The applicant has indicated that most of the proposed entry features will be located on
private property and will be transferred to future homeowners. As a condition of draft
approval, the applicant will have to place a warning clause in the purchase and sale
agreements advising the purchaser that it will be the owner's responsibility to maintain
the entry feature.
The Engineering Services Division advises that features such as fencing, walls and
signage will not be permitted within the municipal boulevards due to maintenance costs.
The applicant is to provide details for all urban design features for approval.
9.7 Development of Blocks 262 to 267 inclusive (Allworth Crescent)
Blocks 262 to 267, inclusive are to be developed in conjunction with Blocks 20 to 29,
inclusive on Draft Approved Plan of Subdivision 18T-89070. The rezoning by-law will
rezone the blocks within the subject lands for 9 metre singles. However, in the adjacent
draft approved plan of subdivision, the rear portion of these future lots (Blocks 20-29)
remain zoned "(H)R1", and were intended for the development of semi-detached/link
dwellings. Although the alignment of the blocks correspond, a future rezoning
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REPORT NO.: PSD-014-05
PAGE 10
amendment application will be required prior to issuance of a building permit for a single
detached dwelling.
9.8 Road Infrastructure
The road infrastructure maintains a similar pattern to what had been previously Draft
Approved (See Attachments 2 and 3). Modifications to the road network are discussed
below.
Jennings Place
Due to the location of an easement for a private septic system servicing the
property located at 342 Liberty Street North, the applicant will not be able to
construct a portion of Jennings Place until such time as the homeowner agrees to
connect to municipal water and sanitary sewer services, which will be made
available by the developer. As an interim solution, the applicant is proposing to
construct a temporary road.
All temporary services must be removed and relocated, and Jennings Place is to
be constructed to it's permanent location prior to the development of Blocks 273
through 277 inclusive.
Lowrie Street
The applicant proposes to relocate the road from Concession Road 3, identified as
Lowrie Street east of the location that was previously Draft Approved. The street
was relocated to avoid conflict with the future Collector Road designated for lands
to the west of this development and identified in the Official Plan.
On the previously approved Draft Approved Plan, Lowrie Street was to connect
with Argent Street to the south. Engineering Staff expressed concern that this
would become a thoroughfare, acting as a Collector Road, rather than a Local
Road. As a result the mid-section ofthe proposed street has been replaced by a
walkway. This satisfies Engineering Services comments, while maintaining a grid
system for pedestrian use. Special attention will have to be given to the dwellings
that abut the walkway in regards to placement and design.
Brough Court
A cul-de-sac was originally located to the north of the existing single detached
dwelling fronting onto Liberty Street. The cul-de-sac has been moved to the west
end of the development and is identified as Brough Court.
Section 9.5.5 and ,19.7.2 of the Official Plan contain principles for residential
neighbourhoods to develop with a grid street system. Section 19.7.2 also indicates that
cul-de-sacs are generally not permitted. The purpose of these principles is to
encourage multiple routes and connections for pedestrian and vehicular use. This
proposal does contain a cul-de-sac, as did the previous Draft Approved Plan. However,
it should be noted that the plan does maintain a grid system with opportunities to
connect to the neighbourhoods to the west and south. The walkway connecting Lowrie
1516
REPORT NO.: PSD-014-05
PAGE 11
Street to Argent Street maintains the pedestrian grid system, meeting with the intent of
the Official Plan.
10.0 RECOMMENDATIONS
10.1 Prior to scheduling a recommendation report to Committee and Council on a draft plan
of subdivision application a list of the proposed conditions of draft approval are
submitted to the applicant for their review and concurrence with the same. The purpose
of this exercise is to detenmine if there are any conditions of draft approval that the
applicant does not agree with and that they be identified for further discussion purposes.
The applicant concurs with the Conditions of Draft Approval.
10.2 In consideration of the comments received from circulated agencies and review of the
proposal, staff recommend:
. Approval of the amendment to Draft Approved Plan of Subdivision 18T-87021, on
Attachment 3, subjectto the conditions contained in Attachment 4; and,
. Rezoning the subject lands within the plan of subdivision, Attachment 5.
Attachments:
Attachment 1 - Key Map Amendment to Draft Approved Plan
Attachment 2 - Draft Approved Plan of Subdivision 18T -87021, March 2001
Attachment 3 - Plan of Subdivision 18T-87021 as redlined
Attachment 4 - Conditions of Draft Approval
Attachment 5 - Zoning By-law Amendment
Attachment 6 - Photographs of a similar development in Oshawa
, Attachment 7 - Proposed corner lot sitings
List of interested parties to be advised of Council's decision:
Lisa D'Angelo
Steve Lucchi
Nancy Barnes
Kevin Tunney
D. Louise Barrett
Frank Harris
1517
ATTACHMENT 1
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Zoning By-law Amendment
Redline Revision to Draft Approved
Plan of Subdivision 1 8T -87021
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Owner: Liberty Street Developments Inc.
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1520
ATTACHMEINT 4
CONDITIONS OF DRAFT APPROVAL
Revised Draft Plan of Subdivision 18T 87021
Part Lot 11, Concession 2, Former Town of Bowmanville
Dated: January 24, 2005
1 . The revised Conditions of Draft Approval for Plan of Subdivision 18T
87021 last approved March 15,2001 being numbers 1 t029, be deleted in
their entirety and replaced with the following conditions.
2. The Owner shall have the final plan prepared on the basis of approved
draft Plan of Subdivision 18T 93008 prepared by Tunney Planning Inc.
identified as job number TUN 507-1, dated November 2004, which
illustrates 261 single detached dwellings, 16 part Blocks for 21 single
detached homes, Block 278 for a commercial block, Block 279 for a
medium density Block, and various roads, site triangles and reserves.
3. The Owner shall dedicate the road allowances included in this draft plan
as public highways on the final plan.
4. The Owner shall name road allowances included in this draft plan to the
satisfaction of the Regional Municipality of Durham and the Municipality of
Clarington.
5. The 5.18 metres road widening on Concession Road 3, identified as Block
288 shall be dedicated to the Municipality of Clarington as a public
highway.
6. The 0.3 metre reserves shown as Blocks 284, 285, 286, and 287 shall be
conveyed to the Municipality of Clarington free and clear of all
encumbrances, with the final registration of this plan.
7. The 0.3 metre reserves shown as Blocks 281, 282 and 283 shall be
conveyed to the Region of Durham free and clear of all encumbrances,
with the final registration of this plan.
8. The 14 metre x 6 metre site triangles included in Block 289 at the
intersection of Bons Avenue and Liberty Street be conveyed to the Region
of Durham free and clear of all encumbrances, with the final registration of
this plan.
9. The 14 metre x 7metre site triangles included in Block 288 at the
intersection of Lowrie Street and Concession Road 3 be conveyed to the
Municipality of Clarington free and clear of all encumbrances with the final
registration of this plan.
1521
10. Block 280, being the 3.0 metre walkway be dedicated to the Municipality
of Clarington free and clear of all encumbrances, with the final registration
of this plan.
11. The Owner agrees to develop Blocks 262 to 278 (inclusive) in conjunction
with adjacent lands and further agrees to maintain these Blocks until
developed.
12. Block 279 in Plan of Subdivision 18T-87021 and Block 19 in Plan of
Subdivision 18T-87021 shall be melded and developed as one site plan.
13. The location of all road allowances must be compatible with the location
of the road allowances in all adjacentdraft plans of subdivision.
14. The Owner agrees to construct a temporary portion of Jennings Place on
Blocks 273 through 277 future lots inclusive. The final design of this
temporary portion must be to the satisfaction of the Director of
Engineering Services. All services located on the temporary portion must
be removed and relocated at the Owners cost prior to the development of
Lots 273 through 277 inclusive.
15. The Owner agrees to submit a supplementary noise control report to
review and update the abatement measures recommended in the acoustic
report dated September 8th, 1989, prepared by G.M. Sernas and
Associates Limited. The revised noise report must reflect the designllotting
changes approved in the revised plan dated November, 2004. The Owner
shall implement the noise control measures recommended in the original
and supplementary reports of the Region of Durham and the Municipality
of Clarington. The above-noted recommendations should also include the
following requirements:
i) The Owner agrees to insert the following clause in the
purchase and sale agreement for Lots 258 to 261:
"Purchasers are advised that, due to increasing road traffic, noise
levels may be of concem and occasionally interfere with some
activities of the dwelling occupants."
16. The Owner agrees to insert in following clause in the purchase and sale
agreement for Lots 47 and 48 and Lot 261 and the future home on Block
268:
"Purchasers are advised that decorative landscape features such as
fencing (wood, stone or metal), signage or plantings provided on
their property at the site triangle delineate the property boundary and
provide a buffer from the intersection. It is the owner's responsibility
to maintain the said decorative landscape feature."
1522
17. The Owner shall satisfy the temporary circle requirements of the
Municipality of Clarington. Temporary turning circles are required at the
tenminus of Bons Avenue, Allison Street, Argent Street and Courtney
Street. All Lots fronting temporary turning circles will remain frozen until
such time as the road allowances are extended and constructed with the
finished urban roadway including Regional services, asphalt paving, curb
and gutter, boulevard sodding, sidewalk, street trees and street lighting for
the entire frontage width abutting the "frozen lots or Block".
18. Prior to issuance of building permits the Owner shall remove any
temporary turning circles location immediately adjacent to this subdivision
which are in existence at the time of construction to the satisfaction of the
Municipality of Clarington. The Owner shall reconstruct any "external
connections" to an urban standard, including asphalt paving, curb, gutter,
boulevard sodding, sidewalks, street lighting, street trees in accordance
with the standards and requirements of the Municipality of Clarington.
19. The Owner shall enter into a Development Agreement with the
Municipality of Clarington regarding the reimbursement of front-ending
agreements entered into between the Municipality and:
1. Schickendanz Brothers Limited (Stormwater Management
Works):
2. The Owner of Plan 10M 829 (Stormwater Sewer Oversizing):
and
3. The Owner of Plan 40M 1852 (Stormwater Sewer Oversizing).
This Development Agreement will contain appropriate clauses regarding
the timing and amount of the required front-end payments. Payments shall
be determined in accordance with the provisions of the Development
Charges legislation, to the satisfaction of the Municipality of Clarington.
20. The Owner agrees to insert a disclosure in all purchase and sale
agreements advising home buyers of the municipal parking regulations, to
the satisfaction of the Municipality of Clarington.
21. That the Owner shall establish a geodetic benchmark in the vicinity of the
intersection of Liberty Street and Concession Road 3, which will serve as
a vertical control for the neighbourhood. The Owner shall be responsible
for 100% of the cost of establishing this benchmark.
22. The lands within the Plan of Subdivision shall be appropriately zoned in
accordance with the Municipality of Clarington zoning by-law to implement
the proposed development.
23. The Owner shall retain a qualified consultant to prepare and submit a
detailed Tree Preservation Plan to the satisfaction of the Municipality of
Clarington.
1523
24. The Owner shall grant such easements as may be required for utilities,
drainage and servicing purposes to the appropriate authorities.
25. The Owner shall submit plans showing the proposed phasing to the
Region and Municipality for review and approval if this subdivision is to be
developed by more than one registration.
26. The Owner shall pay to the Municipality, the development charge in
accordance to the Development Charge By-law, as amended from time to
time, as well as payment of a portion of front end charges pursuant to the
Development Charges Act is any are required to be paid by the Owner.
27. The Owner shall provide and install sidewalks, streetlights, temporary
turning circles, signage etc. as per the Municipality's standards and
criteria.
28. The Owner shall assume all the costs for provision, installation and
location of community mailboxes to service this development, in manner
satisfactory to the Director of Engineering Services.
29. The applicant must enter into a Subdivision Agreement with the
Municipality of Clarington and agree to abide by all terms and conditions
of the Municipality's standard subdivision agreement, including, but not
limited to requirements that follow.
30. The Owner shall provide the Municipality, at the time of execution of the
subdivision agreement, an unconditional and irrevocable Letter of Credit
acceptable to the Municipality's Treasurer, with respect to Performance
Guarantee, Maintenance Guanantee, Occupancy Deposit and other
guarantees or deposit as may be required by the Municipality.
31. The Owner agrees that prior to issuance of building permits, access routes
to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the
Ontario Building Code and, that all watermains and hydrants are fully
serviced and the Owner agrees that during construction, fire access routes
be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code,
storage of combustible waste be maintained as per Subsection 2.4.1.1
and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code.
32. No building permit shall be issued for the construction of any building on
any residential Block on said plan, until the exterior architectural design of
each building and the location of the building on the lot has been approved
by the Municipality of Clarington.
33. The Owner shall be 100% responsible for the cost of any architectural
design guidelines specific to this development, as well as 100% of the
costs for the "Control Architect" to review and approve all proposed
1524
models and building permits, to the satisfaction of the Director of Planning
Services.
34. No residential units shall be offered for sale to the public on said plan until
such time as the exterior architectural design of each building has been
approved by the Director of Planning Services.
35. The Owner shall pay the appropriate cash-in-Iieu of park lands dedication
in to the Municipality of Clarington in accordance with the Planning Act.
36. The Owner agrees to not place fill, grade, construct any buildings or
structure without prior written approval begin given by the Central Lake
Ontario Conservation Authority.
37. The Owner shall provide for the extension of such sanitary sewer and
water supply facilities which are external to, as well as within, the limits of
this plan that are required to service this plan. In addition, the Owner shall
provide for the extension of sanitary sewer and water supply facilities
within the limits of the plan, which are required to service other
developments external to this subdivision. Such sanitary sewers and water
supply facilities are to be designed and constructed according to the
standards and requirements of the Regional Municipality of Durham. All
arrangements are to be made to the satisfaction of the Regional
Municipality of Durham, and are to be completed prior to final approval of
this plan.
38. Prior to entering into a subdivision agreement, the Regional Municipality of
Durham shall be satisfied that adequate water pollution control plant and
water supply capacities are available to the proposed subdivision.
39. The Owner shall satisfy all requirements financial and otherwise, of the
Regional Municipality of Durham. This shall include, among other matters,
the execution of a subdivision agreement between the Owner and Region
concerning the provision and installation of sanitary sewers, water supply,
roads and other regional services.
40. That the Owner supply on disk, in a CAD format acceptable to the
Municipality, a copy of the proposed Plan of Subdivision as Draft
Approved and a copy of the Final M Plan.
41. The subdivision agreement between the Owner and the Municipality of
Clarington shall contain, among other matters, the following provisions;
a) The Owner agrees to include provisions whereby all offers to
purchase and sale shall include information that satisfies Subsection
59(4) of the Development Charges Act, 1997.
42. Prior to final approval of this plan for registration, the Director of Planning
Services for the Municipality of Clarington shall be advised in writing by:
1525
a. The Regional Planning Department, how Conditions 2, 4, 7, 8, 25,37
and 39 have been satisfied
b) Central Lake Ontario Conservation Authority, how Condition 36, has
been satisfied.
NOTES TO DRAFT APPROVAL
1 . If final approval is not given to this plan within three years of the draft
approval date, and no extensions have been granted, draft approval shall
lapse and the file shall be CLOSED. Extensions may be granted provided
valid reason is given and is submitted to the Director of Planning Services
for the Municipality of Clarington well in advance of the lapsing date.
2. As the Owner of the proposed subdivision, it is your responsibility to
satisfy all conditions of draft approval in an expeditious manner. The
conditions of draft approval will be reviewed periodically and may be
amended at any time prior to final approval. The Planning Act provides
that draft approval, may be withdrawn at any time prior to final approval.
3. All plans of subdivision must be registered in the Land Titles system within
the Regional Municipality of Durham.
4. Where agencies' requirements are required to be included in the local
municipal subdivision agreement, a copy of the agreement should be sent
to the agencies in order to facilitate their clearance of conditions for final
approval of this plan. The addresses and telephone numbers of these
agencies are:
a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue,
Oshawa, Ontario L 1 H 3T 3 (905) 579-0411
b) Region of Durham Planning Department, 1615 Dundas Street East,
Forth Floor, Whitby Ontario L 1 N 6A3 (905) 728-7731.
1526
"I IflliHMt:N I 5
THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON
BY-LAW NO. 2005-
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 former Town of Newcastle to
implement zoning amendment application ZBA2004-045;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as foilows:
1. Section 12.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE ONE
(R 1) ZONE" is hereby amended by adding thereto the following new Special
Exception 12.4,59 as follows:
"SECTION 12.4.59 URBAN RESIDENTIAL EXCEPTION (R1-59) ZONE"
Notwithstanding Sections 3.22, 12.2 dli)ii) and I)i), the lands zoned R1-59 on
those Schedules to this By-law shall be subject to the following regulations:
a) Yard Requirements (minimum)
i) front yard 3.0 metres to an unenclosed porchlbalcony
4.5 metres to dwelling
6.0 metres to private garage or carport
Ii) exterior side yard 2.0 metres to an unenclosed porch/balcony
4.0 metres to dwelling
6.0 metres to private garage or carport
iii) sight triangle 6,75 metres
b) lot Coverage (maximum) 40 percent
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:
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 il
is iocated in the front yard of the lot and shall not be calculated as
lot coverage;
ii) in the case of a corner lot, an unenclosed porch/balcony up to a
maximum area of 20 square metres shall be permitted provided it is
located in the front and/or exterior side yard of the lot and shall nol
be calculated as lot coverage.
Height of fioor deck of unenclosed porch to
finished grade (maximum)
c)
1,Om
2, Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO
(R2) ZONE" is hereby amended by adding thereto the following new Special
Exceptions 13.4.35, 13.4,36 and 13.4.37 as follows:
"SECTION 13,4,35 URBAN RESIDENTIAL EXCEPTION (R2-35) ZONE"
Notwithstanding Sections 3.22. 13.2 b) i). c) i. ii) and e), the lands zoned R3-35
on those Schedules to this By-law shall be subject to the following regulations:
a) lot Frontage (minimum)
I) corner lot 13.8 metres
1527
b) Yard Requirements (minimum)
i) front yard 3.0 metres to an unenclosed porch/balcony
4.5 metres to dwelling
6.0 metres to private garage or carport
ii) exterior side yard 2.0 metres to an unenclosed porch/balcony
4.0 metres to dwelling
6.0 metres to private garage or carport
iii) sight triangle 6.75 metres
c) Lot Coverage (maximum) 40 percent
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:
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 olthe lot;
ii) in the case of a comer lot. an unenclosed porch/balcony up to a
maximum area of 20 square metres shall be permitted provided it is
located in the front and/or exterior side yard of the lot.
Height of floor deck of unenclosed porch to
finished grade (maximum)
d)
1.0m
"SECTION 13.4.36 URBAN RESIDENTIAL EXCEPTION (R2-36) ZONE"
Notwithstanding Sections 3.22, 13.2 a), b) i), Ii). c) i). Ii), iii) and e), the lands
zoned R3-36 on those Schedules to this By-law shall be subject to the following
regulations:
a) Lot Area (minimum) 270 square metres
b) Lot Frontage (minimum)
i) interior lot 9 metres
Ii) comer lot 12 metres
c) Yard Requirements (minimum)
i) front yard 3.0 metres to an unenclosed porch/balcony
4.5 metres to dwelling
6.0 metres to private garage or carport
Ii) exterior side yard 2,0 metres to an unenclosed porch/balcony
4,0 metres to dwelling
6.0 metres to private garage or carport
iii) interior side yard 1.2 metres on one side and 0.6 metres on the
other side of the dwelling unit
iv) sight triangle 6.75 metres
d) Lot Coverage (maximum) 45 percent
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:
i) in the case of an interior lot. an un"nclosed 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 a corner lot, an unenclosed porch/balcony up to a
maximum area of 20 square metres shall be permitted provided it is
1528
located in the front and/or exterior side yard of the lot and shall not
be calculated as lot coverage.
e)
Height of floor deck of unenclosed porch to
finished grade (maximum)
1.0m
"SECTION 13.4.37 URBAN RESIDENTIAL EXCEPTION (R2-37) ZONE"
Notwithstanding Sections 3.22. 13.2 a, b) i). Ii). c) i). ii). iii) and e). the lands
zoned R3-37 on those Scheduies to this By-law shall be subject to the following
regulations:
a)
Lot Area (minimum)
270 square metres
b) Lot Frontage (minimum)
i)
ii)
interioriot
corner lot
9 metres
12 metres
c)
Yard Requirements
(minimum)
iv)
sight triangle
3.0 metres to an unenclosed porch
4.5 metres to a dwelling
6 metres to a private garage or carport
2.0 metres to an unenclosed porch
4 metres to a dwelling
6 metres to a private garage or carport
1.2 metres on one side and 0,6 metres
on the other side of the dwelling unit
6.75 metres
i)
front yard
ii)
exterior side yard
iii)
interior side yard
d)
e)
Driveway width (maximum)
Lot Coverage (maximum)
4.6 metres
45 percent
Notwithstanding the above lot coverage provision. a covered and unenclosed
porch/balcony having no habitable space above it shall be permitted subject 10
the following:
i) in the case of an interior lot. an unenclosed porch/balcony up to a
maximum are of 12.0 square metres hall be permitted provided tt is
located in the front yard of the lot;
Ii) in the case of a comer lot, an unenclosed porch/balcony up to a
maximum area of 20 square metres shall be permitted provided it is
located in the front and/or exterior side yard of the lot.
Height of floor deck of unenclosed porch to
finished grade (maximum) ,
f)
100m
BY-LAW read a first time this
day of
2005
BY-LAW read a second time this
day of
2005
BY-LAW read a third time and finaily passed this
day of
2005
John Mutton. Mayor
Patti L. Barrie. Municipal Clerk
1529
This is Schedule "A" to By-law 2005-
passed this day of .2005 A.D.
CONCESSION ROAD 3
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p;f.~;;f.d Zoning Change From "(H)R1" To "R2-35"
~ Zoning Change From K(H)R1K To "R2-36"
Ii!B Zoning Change From n(H)R1K To "R2-37"
Patti L. Borrie, Municipal Clerk
John Mutton. Mayor
,
ATTACHMENT 6
1531
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ATTACHMENT 7
ATTACHMENT 2
Addendum Report PSD-014-05
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LOT 12
~ Block 274
I:,,::::::::::::::::,,:::::::::~::::j Lots Proposed to Develop With 3 Metre Setback to a Dwelling
1.2 Metre Setback to an Unenclosed PorchlBalcony
Municipal Sidewalks within Liberty Crossing
1533
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ATTACHMENT 3
Addendum Report PSD-014-05
THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON
BY-lAW NUMBER 2005-
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 former Town of Newcastle to
implement zoning amendment application ZBA2004-045;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1 Section 12.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE ONE
(R1) ZONE" is hereby amended by adding thereto the following new Special
Exception 12.4,59 as follows:
"SECTION 12.4,59 URBAN RESIDENTIAL EXCEPTION (R1-59) ZONE"
Notwithstanding Sections 3,1 i) iii), 3.22, 12.2 d)i)ii) and f)i), the lands zoned R1-
59 on those Schedules to this By-law shall be subject to the following regulations:
a) Yard Requirements (minimum)
i)
front yard
3.0 metres to an unenclosed
porch/balcony
4,5 metres to dwelling
6,0 metres to private garage or carport
ii) exterior side yard on street side without a municipal sidewalk:
a) 1,2 metres to an unenclosed porch/balcony
b) 3.0 metres to a dwelling
c) 6,0 metres to garage
iii) exterior side yard on street side with a municipal sidewalk or
exterior side yard where the rear lot line of the corner lot is shared
with the side lot line of the immediately adjacent lot:
a) 2,0 metres to an unenclosed porch/balcony
b) 4,0 metres to a dwelling
c) 6,0 metres to garage
iv)
sight triangle
6,75 metres
b)
lot Coverage (maximum)
40 percent
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:
i) in the case of an interior lot, an unenclosed porch/balcony up to a
maximum area of 12,0 square metres shall be pennitted provided it
is located in the front yard of the lot and shall not be calculated as
lot coverage;
ii) in the case of a corner lot. an unenclosed porch/balcony up to a
maximum area of 20 square 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,
c) Height of floor deck of unenclosed porch to
finished grade (maximum) 1,0 metre
1534
2, Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO
(R2) ZONE" is hereby amended by adding thereto the following new Special
Exceptions 13.4,35.13.4,36 and 13.4,37 as follows:
"SECTION 13.4,35 URBAN RESIDENTIAL EXCEPTION (R2-35) ZONE"
Notwithstanding Sections 3.1 i)iii)3,22, 13,2 b) i), c) i. ii) and e), the lands zoned
R3-35 on those Schedules to this By-law shall be subject to the following
regulations:
a) Lot Frontage (minimum)
i)
corner lot
13.8 metres
b) Yard Requirements (minimum)
i)
front yard
3,0 metres to an unenclosed
porch/balcony
4,5 metres to dwelling
6.0 metres to private garage or carport
Ii) exterior side yard on street side without a municipal sidewalk:
a) 1,2 metres to an unenclosed porch/balcony
b) 3,0 metres to a dwelling
c) 6.0 metres to garage
iii) exterior side yard on street side with a municipal sidewalk or
exterior side yard where the rear lot line of the corner lot is shared
with the side lot line of the immediately adjacent lot:
a) 2,0 metres to an unenclosed porch/balcony
b) 4.0 metres to a dwelling
c) 6,0 metres to garage
iv)
sight triangle
6.75 metres
c)
Lot Coverage (maximum)
40 percent
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:
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;
ii) in the case of a corner lot. an unenclosed porch/balcony up to a
maximum area of 20 square metres shall be permitted provided it is
located in the front and/or exterior side yard of the lot.
d) Height of floor deck of unenclosed porch to
finished grade (maximum) 1,0 metre
"SECTION 13.4,36 URBAN RESIDENTIAL EXCEPTION (R2-36) ZONE"
Notwithstanding Sections 3,1 i)iil)3,22, 13,2 a), b) i), Ii), c) i), ii). iii) and e), the
lands zoned R2-36 on those Schedules to this By-law shall be subject to the
following regulations:
a)
Lot Area (minimum)
270 square metres
b) Lot Frontage (minimum)
i)
interior lot
9 metres
ii)
corner lot
12 metres
1535
c) Yard Requirements (minimum)
i)
front yard
3,0 metres to an unenclosed
porch/balcony
4.5 metres to dwelling
6,0 metres to private garage or carport
ii) exterior side yard on street side without a municipal sidewalk:
a) 1.2 metres to an unenclosed porch/balcony
b) 3,0 metres to a dwelling
c) 6,0 metres to garage
iii) exterior side yard on street side with a municipal sidewalk or
exterior side yard where the rear lot line of the corner lot is shared
with the side lot line of the immediately adjacent lot:
a) 2.0 metres to an unenclosed porch/balcony
b) 4.0 metres to a dwelling
c) 6,0 metres to garage
iv)
sight triangle
6,75 metres
d)
Lot Coverage (maximum)
45 percent
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:
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 a corner lot, an unenclosed porch/balcony up to a
maximum area of 20 square 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.
e) Height of floor deck of unenclosed porch to
finished grade (maximum) 1,0 metre
"SECTION 13.4,37 URBAN RESIDENTIAL EXCEPTION (R2-37) ZONE"
Notwithstanding Sections 3.1 i)iii), 3,22, 13,2 a. b) i), ii), c) i), ii), iii) and e), the
lands zoned R2-37 on those Schedules to this By-law shall be subject to the
following regulations:
a)
Lot Area (minimum)
270 square metres
b) Lot Frontage (minimum)
i)
interior lot
9 metres
ii)
corner lot
12 metres
c) Yard Requirements (minimum)
i)
front yard
3,0 metres to an unenclosed porch
4,5 metres to a dwelling
6 metres to a private garage or carport
3,0 metres to an unenclosed
porch/balcony
4,5 metres to dwelling
6,0 metres to private garage or carport
iii) exterior side yard on street side without a municipal sidewalk:
a) 1,2 metres to an unenclosed porch/balcony
ii)
front yard
1536
b) 3,0 metres to a dwelling
c) 6,0 metres to garage
iv) exterior side yard on street side with a municipal sidewalk or
exterior side yard where the rear lot line of the corner lot is shared
with the side lot line of the immediately adjacent lot:
a) 2,0 metres to an unenclosed porch/balcony
b) 4,0 metres to a dwelling
c) 6,0 metres to garage
iv)
sight triangle
6,75 metres
d)
e)
Driveway width (maximum)
Lot Coverage (maximum)
4,6 metres
45 percent
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:
i) in the case of an interior lot, an unenclosed porch/balcony up to a
maximum are of 12,0 square metres hall be permitted provided it is
located in the front yard of the lot;
ii) in the case of a corner lot, an unenclosed porch/balcony up to a
maximum area of 20 square metres shall be permitted provided it is
located in the front and/or exterior side yard of the lot.
f) Height of floor deck of unenclosed porch to
finished grade (maximum) 1,0 metre
BY-LAW read a first time this
day of
2005
BY-LAW read a second time this
day of
2005
BY-LAW read a third time and finally passed this
day of
2005
John Mutton, Mayor
Patti L. Barrie. Municipal Clerk
1537
This is Schedule "A" to By-law 2005-
passed this day of .2005 A.D.
,
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i::::::::c;:::::::::::,:;:1 Zoning Change From "(H)R1" To "R2-35"
~ Zoning Change From "(H)R1" To "R2-36"
IBI Zoning Change From "(H)R1" To "R2-37"
John Mutton, Mayor
Pott: L Barrie, Municipo', Clerk
1538