Loading...
HomeMy WebLinkAbout96-172 By- law 96 - 172 is a By- law ordered by the Ontario Municipal Board . See attached Order for details . i 1 FOLIO M ORDER ISSUE DATE COUNCIL INFORMATION I-33 0 C T 4 1996 0950017 OCT 8 3 13 PM °g8 s950018 Ontario Z950060 p FOLIO d 0950165 Ontario Municipal Board x950070 Commission des affaires municipales de l'Ontario Z950158 0960038 5960014 �. Z960026 At the request of Newcastle I Limited Partnership and Newcastle 11 Limited Partnership, the Regional +� Municipality of Durham has referred to the Ontario Municipal Board under subsection 22(1) of the Planning Act, R.S.O. 1990, c. P.13, Council's refusal or neglect to adopt a proposed amendment to the Official Plan for the former Town of Newcastle (Municipality of Clarington)to redesignate the lands located east of Townline Road and the Farewell Creek, south of Highway No. 2,west of Prestonvale Road and generally north of Highway 401, being parts 33, 34, 35, Concession 1 and 2 to provide policies and designations to permit a new residential neighbourhood Region's File No. OPA 89-0324C OMB File No. 0 950017 At the request of Newcastle I Limited Partnership and Newcastle II Limited Partnership, the Regional Municipality of Durham has referred to the Ontario Municipal Board under subsection 51(15) of the Planning Act, R.S.O. 1990, c. P.13, a proposed Plan of Subdivision on lands composed of Part of Lot 35 and Part of Road Allowance between Lots 34 and 35, Concession 1, in the Municipality of Clarington Region File No. 18T-89037 OMB File No. S 950018 Newcastle III Limited Partnership (successor to Newcastle I Limited Partnership and Newcastle II Limited Partnership) has appealed to the Ontario Municipal Board under subsection 34(11) of the - Planning Act, R.S.O. 1990, c, P.13, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of _.. Clarington to rezone the lands located on Part of Lotj -2 - 35 and Part of Road Allowance between Lots 34 and 35, Concession 1 from "Agriculture" to R1, R2, R2-X, R3 and EP to implement the draft residential plan of subdivision 18T-89037 OMB File No. Z 950060 At the request of 289143 Ontario Limited, the Regional Municipality of Durham has referred to the Ontario Municipal Board under subsection 22(1) of the Planning Act, R.S.O. 1990, c. P. 13, Council's refusal or neglect to adopt a proposed amendment to the Official Plan for the former Town of Newcastle (Municipality of Clarington)to redesignate the lands located east of Townline Road and the Farewell Magi Creek, south of Highway 2, west of Prestonvale Road and generally north of Highway 401, being Parts 33, 34, 35, Concession 1 and 2 to provide policies and designations to permit a new residential neighbourhood Region's File No. OPA 95-004/C OMB File No. 0 950165 At the request of 289143 Ontario Limited, the Regional Municipality of Durham has referred to the Ontario Municipal Board under subsection 51(15) of the Planning Act, R.S.O. 1990, c. P. 13, a proposed Plan of Subdivision on lands composed of part of Lots 33 and 34 and part of the Road Allowance between Lots 34 and 35, Concession 1, Municipality of Clarington Region's File No. 18T-95023 OMB File No. S 950070 289143 Ontario Limited has appealed to the Ontario Municipal Board under subsection 34(l 1) of the Planning Act, R.S.O. 1990, c. P.13, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-93 of the Municipality of Clarington to rezone the lands located in part of Lots 33 and 34 and Part of Road Allowance between Lots 34 and 35, Concession 1, from "Agriculture" to R1, R2, R2-X, R3, R3-5 and EP to implement the draft Plan of Subdivision 18T-95023 OMB File No. Z 950158 Ail r - 3 - 0950017 ET AL At the request of 765400 Ontario Limited, the Regional Municipality of Durham has referred to the Ontario Municipal Board under subsection 22(1) of the Planning Act, R.S.O 1990, c.P. 13, Council's refusal or neglect to adopt a proposed amendment to the Official Plan for the former Town of Newcastle (Municipality of Clarington)to redesignate the lands located east of Townline Road and Farewell Creek, south of Highway No. 2, west of Prestonvale Road and generally north of Highway No. 401, being part of Lots 33, 34 and 35, Concession 1 and 2 to provide policies and designations to permit a new residential neighbourhood Region's File No. OPA 95-003/C O.M.B. File No. 0960038 At the request of 765400 Ontario Limited, the Regional Municipality of Durham has referred to the Ontario Muincipal Board under subsection 51(15) of �. the Planning Act, R.S.O. 1990, c.P. 13, a proposed plan of subdivision on lands composed of part of Lots 33 and 34, Concession 2, in the Municipality of �. Clarington. Region's File No. 18T-95026 OMB File No. S960014 765400 Ontario Limited has appealed to the Ontario Municipal Board under subsection 34(11) of the .. Planning Act, R.S.O. 1990, c.P. 13, from Council's refusal or neglect to enact a proposed amendment to the Zoning By-law 84-63 of the Municipality of Clarington to rezone the lands located on part of Lots 33 and 34, Concession 2 from "Agricultural" to R1, R2, R2-8, R2-9, R3 and R3-'X to implement the draft residential plan of subdivision 18T-95026 Municipality of Clarington's File No. DEV 95-016 OMB File No. Z960026 COUNSEL : John A. R. Dawson for Newcastle III Limited Partnership S. Zakem for 289143 Ontario Limited via .ri _4 _ R. Evans for the City of Oshawa D. Hefferon for the Municipality of Clarington A. Allison for Regional Municipality of Durham P. Van Loan for Courtice Heights Development, a partnership of Claret Investments and Rexgate Holdings Limited H. Saunders for 765400 Ontario Limited J. Douglas Mann for Northumberland and Clarington Board of Education • J. Christopher Corkery for Peterborough, Victoria, Northumberland and Clarington Roman Catholic Separate School Board DISPOSITION delivered by A. DELFINO on September 16, 1996 AND ORDER OF THE BOARD At the commencement of the hearing dealing with the above styles of cause the Board heard from counsel that the parties have reached an agreement and settled all of the differences. The only exception involves the residents on Prestonvale Road represented by Hugh Neil who indicated concerns with the designation of part of Prestonvale Road and the designation of some lands to allow medium and high density residential development along Prestonvale Road at a location south of Bloor Street. The matters before the Board would result in the draft approval of 3 plans of subdivision over a phased period of time with a total of 1187 dwelling units. In addition there would be improvements in the road system and the development of a number of amenities to serve the residents. The Board heard extensive testimony on the proposals from David Crome, the manager of the Community Planning Branch of the Municipality of 1 Clarington. Mr. Neil testified on his own behalf. - 5 0950017 ET AL From all the evidence the Board prefers Mr. Crome's testimony and finds that the ® proposals are based on good planning principles and will result in good land use planning. The Board's decision is as follows: 1. WITH RESPECT TO the referrals to the Board by the Regional Municipality of Durham ("Region of Durham") under subsection 22(1) of the Planning Act of the Council of The Corporation of the Municipality of Clarington's ("Clarington Council") refusal or neglect to adopt proposed amendments to the Official Plan for the Municipality of Clarington (the "former Town of Newcastle Official Plan") to r. redesignate certain lands located east of Townline Road, north and south of Bloor Street, west of Prestonvale Road, being Parts of Lots 33, 34, and 35, Concession r. 1 and 2, former Township of Darlington, now in the Municipality of Clarington, to permit the development of certain residential plans of subdivision (OMB File Nos. 0950017 and 0950165), and WITH RESPECT TO the referral to the Board by Region of Durham under subsection 22(1) of the Planning Act of Clarington's Council's refusal or neglect to adopt a proposed amendment to the former Town of Newcastle Official Plan to redesignate the lands located east of Townline Road and Farewell Creek, south of Highway No. 2, west of Prestonvale Road and generally north of Highway No. 401, being part of Lots 33, 34 and 35, Concession 1 and 2, former Township of Darlington, now in the Municipality of Clarington, to provide policies and designations to permit a new residential neighbourhood (OMB File No. �. 0960038), the BOARD ORDERS THAT Amendment No. 59 IS HEREBY MADE by the Board to the former Town of Newcastle Official Plan in the form and with the .. content of Amendment No. 59 to the former Town of Newcastle Official Plan which is contained in Schedule"1" to this ORDER, save and except for the designations �• of portions of certain streets shown on Exhibits "C" and "D" to the aforesaid Amendment No. 59 which are identified thereon as"Street Designation Adjourned by Ontario Municipal Board" with respect to which the hearing of the Board IS ADJOURNED sine die. r -6 - dd 2. WITH RESPECT TO the referral to the Board by the Region of Durham under subsection 51(15) of the Planning Act of a proposed plan of subdivision on lands composed of part of Lot 35 and part of the road allowance between Lots 34 and 35, Concession 1, former Township of Darlington, now in the Municipality of Clarington, (Region of Durham's File No. 18T-89037, OMB File No. S950018), the BOARD ORDERS that draft Plan of Subdivision 18T-89037 contained in Exhibit 14A to the evidence before the Board IS APPROVED, subject to satisfaction of the conditions contained in Exhibit 13A to the evidence before the Board. 3. WITH RESPECT TO the referral to the Board by the Region of Durham under subsection 51(15) of the Planning Act of a proposed plan of subdivision on lands composed of part of Lots 33 and 34 and part of the road allowance between Lots 34 and 35, Concession 12, former Township of Darlington, now in the Municipality of Clarington (Region of Durham's File No. 1 BT-95023, OMB File No. S950070), the BOARD ORDERS that draft Plan of Subdivision 18T-95023 contained in Exhibit 14B to the evidence before the Board IS APPROVED, subject to satisfaction of the .� conditions contained in Exhibit 13B to the evidence before the Board. 4. WITH RESPECT TO the referral to the Board by the Region of Durham under subsection 51(15) of the Planning Act of a proposed plan of subdivision of lands composed of part of Lots 33 and 34, Concession 2, former Township of Darlington, now in the Municipality of Clarington (Region of Durham File No. 18T-95026, OMB File No. S960014)the BOARD ORDERS that draft Plan of Subdivision 1 BT-95026 contained in Exhibit 14C to the evidence before the Board IS APPROVED, subject to satisfaction of the conditions contained in Exhibit 13C to the evidence before the Board. 5. WITH RESPECT TO the appeal by Newcastle I Limited Partnership and Newcastle II Limited Partnership to the Board under subsection 34(11)of the Planning Act from Clarington Council's refusal or neglect to enact a proposed amendment to Zoning By-law No. 84-63 to rezone the lands located in part of Lot 35 and part of the road w - 7 - 0950017 ET AL allowance between Lots 34 and 35, Concession 1, former Township of Darlington, now in the Municipality of Clarington, to implement draft Plan of Subdivision 18T- 89037, (OMB File No. Z950060) the BOARD ORDERS that By-law No. 96-170 contained in Schedule "2" to this Order, IS ENACTED as an amendment to the Municipality of Clarington's Zoning By-law No. 84-63, as amended. 6. WITH RESPECT TO the appeal by 289143 Ontario Limited to the Board under subsection 34(11) of the Planning Act from Clarington Council's refusal or neglect to enact a proposed amendment to Zoning By-law No. 84-63 to rezone the lands .., located on part of Lots 33 and 34 and part of the road allowance between Lots 34 and 35, Concession 1, former Township of Darlington, now in the Municipality of �. Clarington to implement draft Plan of Subdivision 18T-95023 (OMB File No. Z950158), the BOARD ORDERS that By-law No. 96-171 contained in Schedule "3" ® to this Order IS ENACTED as an amendment to the Municipality of Clarington's Zoning By-law No. 84-63, as amended. 7. WITH RESPECT TO the appeal by 765400 Ontario Limited to the Board under subsection 34(11) of the Planning Act from Clarington Council's refusal or neglect to enact a proposed amendment to the Zoning By-law No. 84-63 to rezone the lands located in part of lots 33 and 34, Concession 2, former Township of Darlington, now in the Municipality of Clarington, to implement draft Plan of Subdivision 18T-95026 (OMB File No. Z960026), the BOARD ORDERS that By-law No. 96-172 contained in Schedule"4"to this Order, IS ENACTED as an amendment to the Municipality of Clarington's Zoning By-law No. 84-63 as amended. 8. EXCEPT AS OTHERWISE PROVIDED IN THIS ORDER, the BOARD ADJOURNS the hearing of other matters referred to in the"Principles of Understanding" between certain of the parties to the referrals and appeals before the Board, which is contained Exhibit 7A to the evidence before the Board, until 10:00 A.M. on October 9, 1996 at the Council Chambers, Municipality of Clarington Administrative Centre, 40 Temperance Street, Bowmanville, Ontario, to hear applications by any of the r, ■r - 8 parties to the proceedings now before the Board for the consolidation of other matters with the matters now before the Board and for further directions and appropriate orders. Wd A. DELFINO MEMBER r �r .r .r 0950017 ET AL SCHEDULE '1' AMENDMENT NO. 59 TO THE OFFICIAL PLAN OF THE FORMER TOWN OF NEWCASTLE PURPOSE: The Purpose of this Amendment is: a) to include a new residential area within the Courtice Urban Area; b) to incorporate a secondary plan for the South-West Courtice Planning Area to guide its future development; and C) to amend the road classification for Townline Road, the alignment of Bloor Street and to designate new collector and arterial roads as part of the extended urban area. .. LOCATION: The amendment applies to the lands located east of Townline Road, south of Glenabbey Drive, west of Prestonvale Road and north of Highway 401, „ being Parts of Lots 33, 34. and 35, Concession 1 and 2 in the former Township of Darlington, now the Municipality of Clarington. �. BASIS: The Clarington Official Plan Review commenced in January of 1992. One of the objectives of the Review was to prepare a new Official Plan for the Municipality in conformity with the 1991 Durham Regional Official Plan. This included the expansion of the Courtice Urban Area to designate additional lands for residential purposes. The South-West Courtice Secondary Planning Area was incorporated in the Courtice Urban Area in the new Clarington Official Plan adopted by Council on January 29, 1996. The northerly portion was included in lands available for development prior to 2016. The southerly portion of the Planning Area includes lands not required for residential purposes by 2016 and were identified as a "Future Urban Residential Area". This Secondary Plan has been prepared as a transitional measure to enable the consideration of plans of subdivision and proposed zoning on the lands within the Planning Area prior to the approval of the new Clarington Official Plan by the Regional Municipality of Durham. This measure was deemed necessary in light of pending hearings of the Ontario Municipal Board scheduled to commence September 16, 1996, among other matters, on three private official plan amendments (Files: OPA 89- 032, OPA 95-003, OPA 95-004). «r . 2 - 0950017 ET AL Nei This Secondary Plan is based on the South-West Courtice Neighbourhood Planning Study prepared by Tunney Planning Inc. on behalf of the landowners, the policies contained in the new Clarington Official Plan and .r Council's resolution of September 26, 1994 with respect to Prestonvale Road. ACTUAL AMENDMENT: The Official Plan of the former Town of Newcastle is hereby amended as follows: i) Add a new Section 10.3 as follows: "10.3 SOUTH-WEST COURTICE PLANNING AREA SECONDARY PLAN 10.3.1. Introduction 10.3.1.1 This Secondary Plan has been prepared as an amendment to the former Town of Newcastle Official Plan as a transitional measure. The proposed Clarington Official Plan was adopted by the Municipality of Clarington Council on January 29, 1996. The Regional Municipality of Durham which is the approving authority under the Planning Act for the Municipality's proposed Official Plan, has not decided whether it should be approved in whole or in part and with or without modifications. If the provisions of the proposed Clarington Official Plan which, in substance are consistent with the intent of this Secondary Plan, are approved pursuant to the Planning Act, it is the intention of the Municipality of Clarington to initiate an amendment to rescind this Secondary Plan and to initiate an amendment to the proposed Clarington Official Plan to incorporate only those provisions of the Secondary Plan which are not in substance contained in the proposed and approved Clarington Official Plan. 10.3.1.2 The South-West Courtice Secondary Planning Area comprises Bayview Neighbourhood and a portion of Penfound Neighbourhood as identified in the Clarington Official Plan. The Secondary Planning Area is ., approximately 148 hectares of land located south of the existing Courtice urban area, west of Prestonvale Road and east of Townline Road. 10.3.1.3 This Plan assumes that Clarington will continue to experience growth pressures characteristic of the fringe communities of the Greater Toronto Area. Recognizing the importance of pursuing sustainable development ad and the collective health and well-being of Clarington residents, this Plan 1W r. - 3 - 0960017 ET AL seeks to implement the following directions for managing growth of the lands to which it applies: • Compact Urban Form Compact urban form will be achieved with an emphasis on higher densities and a mix of uses. • Structured Growth Growth on the lands to which this Secondary Plan applies will occur in proportion to the urban population targets with Bowmanville continuing to grow as the dominant urban centre in Clarington. • Balanced Growth Residential growth will complement employment growth. W. • Phased Development Urban growth will be phased in order to encourage compact urban form and the orderly, efficient and economic provision of public infrastructure and services. 10.3.1.4 This Plan will guide Council in assessing various proposals for development and in the exercise of powers of subdivision approval, zoning .. and site plan control. 10.3.2 GOALS 10.3.2.1 To provide a residential living environment that promotes a desirable quality of life and social interaction. 10.3.2.2 To provide a broad range of housing to meet the evolving housing needs of current and future residents. 10.3.3 OBJECTIVES 10.3.3.1 To provide for phased, sequential development within clearly defined urban boundaries to the year 2016. .r 4 " 0950017 ET AL 10.3.3.2 To ensure the role of Bowmanville as the dominant urban centre of the Municipality. 10.3.3.3 To provide or reconstruct the necessary public infrastructure, including Wd transportation facilities, sanitary sewer, water supply and storm water facilities, and recreational, cultural and community facilities in an orderly, cost-efficient and economic manner. 10.3.3.4 To maintain an adequate supply of land for housing purposes. 10.3.3.5 To encourage a minimum of 30% of all new housing to be affordable. 10.3.3.6 To provide for a variety of housing densities and housing forms for each neighbourhood to achieve a desirable housing mix. 10.3.3.7 To provide for a variety of uses for each neighbourhood to service residents and to decrease the dependency on motor vehicles. 10.3.3.8' To achieve safe and livable neighbourhoods. 10.3.3.9 To develop a system of municipal parks to be connected to the Open "ot Space System which provides a variety of recreational facilities, civic gathering spaces, and the preservation of natural heritage features. 10.3.4 GENERAL POLICIES 10.3.4.1 The ultimate planned population for the Secondary Planning Area is .� approximately 6,200 persons at an overall gross residential density of 17.3 units per gross hectare. 10.3.4.2 This Plan has been prepared subsequent to the adoption by Clarington Council of the new Clarington Official Plan. In accordance with the •+ provisions of Section 5.3.14 and 5.3.15 of the Durham Regional Official Plan, the preparation of the Clarington Official Plan included an analysis of the lands required to provide a 20 year supply of land. The northerly -� portion of the Secondary Planning'Area has been included within the 20 year lands needed and readily serviced by 2016. The projected population allocated to these lands is 4,500 persons. .. The southerly portion of the Secondary Planning Area are lands which cannot be readily serviced and are not required for residential purposes by i id r • 5 ` 0950017 ET AL w. 2016. The lands are identified as "Future Urban Residential Area" on Map 10-2. 10.3.4.3 Residential development will not be permitted in areas subject to concentrated pollution, whether from noise, air, soil or water. 10.3.4.4 Buffers or, where necessary, spatial separation shall be provided where schools, residential uses, and community facilities are in proximity to industrial uses, and between residential development and railroads, freeways and arterial roads, to the satisfaction of Council and in accordance with provincial guidelines. 10.3.5 RESIDENTIAL 10.3.5.1 The predominant use of lands designated Urban Residential within each neighbourhood shall be for housing purposes. Other uses may be permitted which by the nature of their activity, scale and design are „r supportive of, compatible with and serve residential uses. These include corner stores, home-based occupation uses, parks, schools, and community facilities. Parks, schools, and community facilities shall be �. permitted in accordance with the relevant policies of this Plan and the Official Plan. .. 10.3.5.2 Home-based occupation uses are permitted as an accessory use to a residential dwelling subject to the following criteria: .r a) the use shall not change the residential character of the structure and is completely contained within the dwelling unit, excluding garage space; w. b) the use does not exceed the equivalent of 30% of the habitable area of the residence; c) there is no exterior display of merchandise or outside storage of goods or materials associated with said use and signage shall comply with the provisions of the Sign By-taw, as amended from time to time; d) the use is not a public nuisance due to noise, glare, dust, odours, vibration, hours of operation, interruption of communication signals, or traffic generation; . 6 - 0950017 ET AL •+ri e) employees are limited to those residing in the dwelling unit plus one additional person; and fl there is adequate off-street parking. .r 10.3.5.3 Within the lands designated Urban Residential, there are three density categories. The density standards, predominant housing forms and locational criteria for Low, Medium and High Density Residential development are contained in Table 10-1. Table 10-1 Residential Density Standards .r Density Net Predominant Maximum General Category Density Housing Forms Height Loeational (units per Criteria "a net ha) Low 10-30 Single Detached 2.5 Generally internal to ",w1 Density Semi-Detached/Link Storeys neighbourhoods Duplex Medium 31 -60 Townhouses 4 Storeys Within Central Density Triplex/Quadruplex Areas, adjacent to Low Rise Apartments arterial roads,or Mixed Use within a loom of developments arterial/collector r road intersection High 61 - 100 Medium Rise 6 Storeys Density Apartments Adjacent to Type A wo Mixed Use or B arterial roads Developments ,r 10.3.5.4 The predominant housing forms identified in Table 10-1 are general and do not preclude similar or innovative housing forms which meet the intent of this Plan. 10.3.5.5 Proposed plans of subdivision should generally provide a mixture of ..► housing forms and densities. Housing targets for each neighbourhood, identified on Table 10-2, are a general guideline for the distribution of housing units. Od �i r. • 7 - 0950017 ET AL r Table 10-2 Housing Targets by Neighbourhoods Housing Units Urban Area Neighbourhoods E esidential Areas Central Areas Intensifi- Total cation .. Medium High Medium High Courtice N9 Penfound 50 0 0 0 10 210 N11 Bayview 250 50 0 0 50 1325 10.3.5.6 The location and distribution of housing targets is subject to the following provisions: a) the approximate location of medium and high density residential areas is indicated by the symbols "M" and "H" respectively on Map �• 10-2; b) the allocation of housing units within each medium and high density +� residential areas will generally be based on an equal share of the total units in each density category indicated on Table 10-2; and c) intensification housing units encompass all density types and include apartments-in-houses and garden suites. 10.3.5.7 Medium and high density residential development will be reviewed on the basis of the following site development criteria: a) the site is suitable in terms of size and shape to accommodate the proposed density and building form; .r b) the proposed development is compatible with the surrounding neighbourhood in terms of scale, massing, height, siting, setbacks, shadowing, and the location of parking and amenity areas; c) adequate on-site parking, lighting, landscaping and amenity areas are provided; d) the impact of traffic on local streets is minimized; .. e) townhouses sited on blocks shall generally not exceed 50 units; .r 8 - 0950097 ET AL f) street townhouses shall generally not comprise more than 6 attached units; and r g) street townhouses shall not be sited on opposite sides of the street unless adequate on-street parking can be provided to the satisfaction of the Municipality. 10.3.5.8 A minimum of 30 % of all new residential units shall be affordable housing as defined by Provincial affordability criteria. Where feasible, housing opportunities which are affordable to low income households will be provided. 10.3.5.9 One apartment-in-house is permitted in a detached or semi-detached house in urban residential areas subject to the following: r a) one parking space per apartment; b) structural suitability of building to accommodate alterations for an additional unit; and w C) compliance with building and fire regulations and other municipal regulations, including registration. 10.3.5.10 Two heritage houses have been identified and indicated on Map "10-2". It is the intent of Council to ensure the conservation of these structures and the appropriate integration of adjacent residences. Council may require the preparation of elevations, axonometric drawings or require site plan control for adjacent lands to review the context, scale and design of proposed development adjacent to these houses. 10.3.5.11 Future Urban Residential Areas are those lands not required for residential purposes within the time frame of the Clarington Official Plan. Detailed land uses have not been determined. At such time that additional residential lands are determined to be required as part of a comprehensive review of the Official Plan, appropriate planning studies shall be undertaken and this Plan shall be amended to incorporate detailed land uses, population allocations and neighbourhood boundaries. 10.3.5.12 The lands designated Future Urban Residential Area shall only be used for agricultural purposes. However, Council may consider other interim uses provided that such uses: + r r. - 9 ' 0950017 ET AL �. are not capital intensive • do not require municipal services • do not adversely impact any natural features do not jeopardize the orderly future development of the lands for urban uses. 10.3.6. NEIGHBOURHOOD COMMERCIAL 10.3.6.1 A Neighbourhood Commercial Area is identified on Map 10-2. This area shall be developed to provide items or services of daily necessity for the residents of the surrounding neighbourhoods and may include community and residential uses. A variety of building forms may be built including a small plaza, free- standing stores and offices, and street-related mixed use buildings. 10.3.6.2 The maximum amount of gross leasable floor area for retail and personal service uses shall not exceed 1,000 square metres. r 10.3.6.3 In the review of development applications, the urban design principles for Residential Neighbourhoods and the following site development criteria �. shall be implemented: a) a floor space index for retail uses on any site not exceeding 0.30; b) a maximum combined floor space index of 0.50 where there are second storey residential uses; c) a maximum of 300 square metres of gross leasable floor area for any individual store; d) the provision of direct pedestrian street access to some stores in each development; e) land use compatibility between commercial and residential buildings shall be achieved through appropriate building siting, design and landscape treatment; f) high quality landscape treatment shall be provided; M - 10 - 0950017 ET AL g) building form and siting shall minimize the impacts of noise, wind and shadows and shall enhance views of landmark buildings, parks and open space; h) refuse collection areas will be internal to buildings; i) loading areas and refuse collection areas shall be unobtrusive and screened where necessary and shall generally be located at the side or the rear of the building; and j) no open storage is permitted; 10.3.7. SCHOOLS 10.3.7.1 Future school sites identified on Map 10-2, are intended to be approximate. The actual location and type of school may vary with the consent of both School Boards and without amendment to this Plan. 10.3.7.2 The minimum site area for future elementary schools should be approximately 2.5 hectares. Where an elementary school site is located adjacent to a neighbourhood or community park, the site area may be -+ reduced subject to the approval of the respective school board. 10.3.7.3 The minimum site area for the future secondary school site should be -+ approximately 6 hectares. Where a secondary school site is located adjacent to a community park, the site area may be reduced subject to the approval of the respective school board. •• 10.3.7.4 Schools will be sited and designed to provide a visual and functional focus for neighbourhood activity. Schools shall be sited in consideration of the following: a) elementary schools generally located on collector roads and secondary schools generally located on arterial roads but in no case will a school have frontage on or access to a Type A arterial road; b) safe pedestrian and bicycle routes for students which minimize the need for school crossing guards; and c) the provision of a minimum of 25% of the site perimeter as street frontage, wherever possible. 11 - 0950017 ET AL r* 10.3.8 PARKS 10.3.8.1 The predominant use of lands within the parks system shall be for active and passive recreational and conservation uses. Buildings and structures accessory to the permitted uses are also permitted. 10.3.8.2 The following policies apply to the provision of parkland in the Secondary Planning Area: a) the park system will connect with the Open Space System wherever possible utilizing trails, bicycle paths, walkways, sidewalks, and utility corridors and/or open space corridors; aw b) where active recreational facilities are adjacent to residential areas, consideration should be given to alleviating adverse noise, visual and lighting impacts including the location and buffering of buildings and parking facilities; c) parks will be located as central as possible to the areas which they serve; d) physical means of access shall be provided on two sides of all municipal parks; e) street frontage shall generally not be less than 25% of the park perimeter; and f) the development of parks will be considered in association with school sites in order to facilitate the joint use of athletic and outdoor education facilities. 10.3.8.3 The park functions and facilities required for the Secondary Planning Area are as follows: • Neighbourhood Parks designated on Map 10-2 shall serve the active and passive recreational needs of surrounding residents. Neighbourhood Parks shall be provided at 0.8 hectares per 1,000 persons of a size between 1 to 3 hectares depending on the potential for shared school facilities. • Parkettes designated on Map 10-2 are required wherever the MW Municipality deems it necessary to augment or adjust the park requirements of any neighbourhood. ,r . 12 - 0950017 ET AL • Community Parks are intended to serve the recreation needs of a series of neighbourhoods, providing outdoor and indoor recreation facilities. They shall serve a population of 15,000 to 25,000 persons. These parks shall have a size of between 8 to 12 hectares, be connected to the trail system and shall be provided at a standard of 0.6 hectares per 1,000 persons of population. A Community Park is not located within the Secondary Planning Area but will be served by a new Community Park in the vicinity as indicated in the Clarington Official Plan. 10.3.9 ENVIRONMENTAL PROTECTION AREAS 10.3.9.1 Environmental Protection Areas are recognized as the most significant components of the Municipality's natural environment. As such, these areas and their ecological functions are to be preserved and protected from ., the effects of human activity. 10.3.9.2 No development shall be permitted in Environmental Protection Areas, .+ except passive recreation and uses related to erosion control and storm water management. 10.3.9.3 Where the Environmental Protection Area designation corresponds to a stream valley it includes a development setback adjacent to the defined top-of-bank or a 15 metre setback for warm water streams, whichever is -� greater. The development setback shall be based on a stable slope and the sensitivity of the stream valley, and shall be determined in consultation with the Conservation Authority and the Province. In no case would the setback be less than 5 metres in width. In the case of new plans of subdivisions or consents, lot lines shall not extend beyond the established setback. 10.3.9.4 The extent of the Environmental Protection Areas designated on Map 10-2 is approximate only. The precise limits of these areas shall be detailed through the review of development applications and/or in consultation with the Conservation Authority. 10.3.9.5 As a condition of development, development proponents shall enhance the natural state of the Robinson Creek by revegetating adjacent lands. Revegetation would include planting of trees and shrubs in consideration of enhancing fisheries and wildlife habitat potential. 10.3.9.6 The alteration to the natural state of watercourses and creeks is discouraged. However, any proposal to alter a section of a watercourse err - 13 - 0950017 ET AL -- must maintain or improve its ecological state, and incorporate natural channel design features to the satisfaction of the Conservation Authority and the Municipality of Clarington. In addition, a greater width for the Environmental Protection Area land may be required to accommodate natural channel design features, stable slopes, vegetation and buffer areas. 10.3.9.7 Young woodlands occupy portions of the Robinson Creek tributary flood plain and adjacent lands. This unit is comprised of vigourous young hardwoods and softwoods of high scenic quality, and in good biological health with a relatively high adaptability to disturbances. This stand of young woodlands is protected within the Environmental Protection Area designation associated with the Robinson Creek tributary. 10.3.9.8 Consideration should be extended, wherever possible, towards preserving mature trees and woodlands which are outside of the Environmental Protection Area designation in order to fully derive benefits relating to microclimate, wildlife habitats, hydrology and scenic quality. In this regard, mitigation measures such as tree protection fencing, silt fence/sedimentation control, dust control, and protection of soil moisture regime shall be utilized during construction. 10.3.10 URBAN DESIGN POLICIES .. 10.3.10.1 Residential neighbourhoods shall be developed in accordance with the following urban design principles: a) Grid streets as the key element of the public realm providing a multiple use area for walking, cycling and motor vehicle use. Streets will be designed as high quality urban environments which .r encourage social interaction and provide multiple routes and connection to neighbourhood facilities. They will be utilized, wherever possible, to create view corridors and vistas of significant natural areas and public buildings. Street patterns should be oriented to provide for maximum passive solar gain. b) Public buildings and spaces, including schools, parks and places of worship, will be located on prominent sites with significant street frontage. Public buildings will be oriented to the street incorporating massing, detailing and entrance features that reinforce its importance as a neighbourhood facility. Public buildings and spaces will generally be centrally located to minimize walking distances and will be designed to be accessible to the physically handicapped. .r+ 14 - 0950017 ET AL c) Houses should be sited with a consistent setback to provide a human scale to the street. House designs should incorporate features such as prominent entrances and front porches to encourage social interaction and allow for views along the street. Garages should be sited so that they are not the dominant feature of the streetscape or the house. Higher density housing will be strategically located near arterial and collector roads to create a transit supportive development pattern. d) Natural features will be a key design consideration.to ensure the protection of watercourses, valleylands, significant woodlots and wetlands and their ecological functions. Residential neighbourhoods will minimize grade changes, preserve mature trees and enhance open.space linkages. Opportunities to provide views of natural features and the waterfront should be incorporated, wherever possible. e) Cultural heritage features will provide context for new development. Heritage buildings will be incorporated in a sensitive manner. r f) Public safety and security will be considered in all new development, including opportunities for visibility of public spaces in ..+ the design and siting of buildings, adequate lighting, multiple walking routes and opportunities to control potential speeding of motor vehicles. g) Development along arterial roads will be designed to provide a high quality urban environment with views of housing, street trees and landscape elements. Reverse lotting and acoustical fencing is generally not permitted. 10.3.11 TRANSPORTATION General Policies 10.3.11.1 The road network will be based on a grid system which reinforces and complements the land use patterns of this Plan. The location of new arterial roads and new collector roads are approximate. The exact alignment shall be determined either through municipal studies or the consideration of development applications. r 0950017 ET AL 103.11.2 The Municipality, in conjunction with the Regional Municipality of Durham, will endeavour where feasible, to reserve or obtain the necessary rights-of- ways indicated in this Plan. Privately owned land required to meet the " desired right-of-way widths shall be acquired by the Municipality through dedication as a condition of subdivision, condominium, land severance or site plan approval. 10.3.11.3 Roads in the Municipality shall be classified and maintained on the basis of their function and design as arterial roads, collector roads and local roads. The right-of-way width for a public road shall allow for the placement of utilities, municipal services, cycling lanes, sidewalks and aw landscaped boulevards where required. 10.3.11.4 Construction of any part of the transportation system shall be. in accordance with the ability of the authority having jurisdiction to finance such infrastructure. In addition, road construction shall meet the overall growth management policies of this Plan and shall be in accordance with �. the Municipality's Capital Works Program and Development Charges Policies. r• 10.3.11.5 Deviations to standard design criteria for roads under the jurisdiction of the Municipality may be permitted to accommodate alternative design standards approved by the Municipality. Arterial Roads 10.3.11.6 Arterial roads are under the jurisdiction of the Region of Durham or the Municipality. The arterial roads shown on Map B are classified as follows: Type A Arterial Roads are designed to efficiently move large volumes of traffic at moderate to high speeds over relatively long distances. Such roads provide the highest level of service and vehicle operating speeds relative to other types of arterial roads and generally extend beyond the Municipal boundaries. Type A arterial roads shall have a right-of-way width ranging from 36 to 50 metres. " The desired operating speed is 70 km/hr in urban areas and 80 km/hr in rural areas. • Type B Arterial Roads are designed to move significant volumes of traffic at moderate speeds from one part of the municipality to another. Such roads provide a moderate level of service and vehicle operating speeds relative to other types of arterial roads and may extend beyond the Municipal boundaries. Type B arterial roads O 0950017 ET AL shall have a right-of-way width ranging from 30 to 36 metres. The desired operating speed is 60 km/hr in urban areas and 80 km/hr in rural areas. • Type C Arterial Roads are designed to move lower volumes of traffic at slower speeds over relatively short distances. They shall have a right-of-way width ranging from 26 to 30 metres. The desired operating speed is 50 km/hr. .r 10.3.11.7 Arterial roads shall be designed in accordance with the requirements of the Durham Regional Official Plan and the following principles: a) provide full continuous movements; b) limit private access in accordance with Section 10.3.11.8; .r c) provide for public transit vehicles and transit stops; d) provide sidewalks on both sides; and e) provide for cycling where possible. 10.3.11.8 Private access to arterial roads shall be permitted in accordance with Table .. 10-3 subject to the approval of the authority having jurisdiction. Table 10-3 Arterial Road Access Standards TYPE A One access every 200 metres of road TYPE B One access every 80 metres of road • TYPE C In Central Areas, commercial areas and Employment Areas, one access every 30 metres. In Residential Areas, access Is generally discouraged except for apartment/ townhouse blocks rr rs - 17 - 0950017 ET AL r. �- 10.3.11:9 New Bloor Street It is the policy of this Plan that Bloor Street will be realigned and ■- constructed as New Bloor Street shown on Map 10-2 from Bruntsfield Road east to intersect with Prestonvale Road and shall be classified as a Type A Arterial Road. The roadway of New Bloor Street will be widened when considered necessary by Council from Bruntsfield Road west to intersect with Townline Road. The widening and construction of New Bloor Street shall be staged as determined to be appropriate by Council. Intersection improvement will be undertaken for those intersections shown on Map 10-2. The Municipality will request the Regional Municipality of Durham to reconstruct the intersections of new Bloor Street with Townline Road and Prestonvale Road when reconstruction is considered necessary by the .. Region. It is the intent of this Plan that the Region will assume New Bloor Street as a Regional Road when it has been widened and constructed from q. Townline Road to Prestonvale Road. 10.3.11.10 Old Bloor Street It is the policy of Council to request the Regional Municipality of Durham to transfer Old Bloor Street shown on Map 10-2 to the Municipality when ,., New Bloor Street is assumed by the Region. However, subject to construction of New Bloor Street in its entirett including the reconstruction of the intersections at Townline Road and Prestonvale Road, Old Bloor .. Street shall be reconstructed to a Local Road standard, provided that the road authority may permit reconstruction to be undertaken in stages. It is the policy of the Municipality not to permit development of lands abutting r. and fronting onto Old Bloor Street until Old Bloor Street has been reconstructed to a Local Road standard, and for that purpose will enact a Holding Zone By-law applicable to such lands. Collector Roads 10.3.11.11 Collector roads are under the jurisdiction of the Municipality and are designed to move moderate volumes of traffic over short distances within a particular area of the Municipality. The primary function of a collector road is to collect and distribute traffic among local roads, collector roads, arterial roads and major traffic generators. 10.3.11.12 Collector roads shall be designed in accordance with the following principles: r 0950017 ET AL a) provide reasonably continuous movements; b) minimize the number of private accesses; ,r; c) incorporate methods to prevent speeding without compromising continuous movement; d) provide sidewalks on both sides; e) provide for public transit vehicles and transit stops; f) provide for cycling where possible; and .r g) have a right-of-way width between 23 and 26 metres. Local Roads 10.3.11.13 Local roads are generally not shown on Map 10-2 except for reference purposes. The function of such roads is to carry lower volumes of traffic and to facilitate access to individual properties. 10.3.11.14 Local roads shall be designed according to the following principles: a) designed on the basis of a grid street system and may be modified only where there are physical constraints; b) direct connection to Type B and C arterial roads may be permitted provided such intersections do not affect the operating conditions of the arterial road; c) cul-de-sacs are generally not permitted; .r d) sidewalks on both sides of local roads are encouraged where warranted; and e) the right-of-way width shall generally be 20 metres. 10,3,11.15 In order to plan for and encourage walking and cycling, the Municipality will: a) consider the provision of safe and convenient cycling and walking routes in the review of all new development and redevelopment applications; �r .r +w. 19 - 0950017 ET AL b) investigate and provide for bicycles wherever possible in the construction or reconstruction of roads; *- c) encourage and support measures which will provide for barrier-free design of pedestrian facilities; and d) require the provision of bicycle stands as a condition of approval of site plan applications. 10.3.12 STORM WATER MANAGEMENT 10.3.12.1 Storm water management measures must be incorporated to mitigate the impacts of development on water quality and quantity, consistent with the Robinson Creek Master Drainage Study. 10.3.12.2 Any development application for a plan of subdivision or site plan shall be accompanied by a storm water implementation report. The• report will indicate how the approved master drainage plan will be implemented on the site of the proposed development in accordance with Best Management Practices and will address the following: • pre-development and post-development discharge groundwater infiltration and baseflow maintenance • storm water management facilities required • erosion and sedimentation controls • proposals for mitigating any water pollution • site grading. 10.3.12.3 Storm water management facilities may be located in any land use designation but generally shall not be permitted on lands designated Environmental Protection Area. However, the storm water pond to service the South-West Courtice lands is indicated on Map 10-2. The exact location shall be approved by the Municipality in consultation with the Province and the Conservation Authority. W. 10.3.12.4 The design of storm water management facilities, including ponds and channels, shall ensure: «r - 20 - 0950017 ET AL • appropriate access for maintenance purposes • adequate setbacks from adjacent property lines • no threat to public safety • high quality landscaping including, where possible, enhancement of natural features and the use of natural designs • possibility for habitat enhancement • opportunities for passive recreation. ,O 10.3.13 GROWTH MANAGEMENT AND PHASING 10.3.13.1 In considering an application for approval and phasing of residential development in urban areas, including draft plans of subdivision, the Municipality shall seek to ensure: a) the sequential development of neighbourhoods and the prevention of "leap-frogging" of vacant lands; �• b) development in or adjacent to Main or Sub-Central Areas; C) the economical use and extension of all infrastructure and services; and ad d) increased density for new neighbourhoods having regard for proposed measures to integrate existing residential areas with such neighbourhoods. W' 10.3.13.2 In the approval of a draft plan of subdivision, the Municipality will „r recommend appropriate conditions to implement the policies of Section 10.3.13.1. In addition, final approval for registration of any plan of subdivision, in whole or in part, shall be in accordance within the phasing ,. plan required under Section 10.3.13.3. 10.3.13.3 A phasing plan shall be prepared by the applicant for approval of plans of •+ subdivision of the lands to which this Plan applies. It shall be submitted to the Municipality for its consideration and, if appropriate, its approval with or without amendments to it being made. The phasing plan shall establish phases of development of the lands and shall provide for the staging of construction of public infrastructure and services in relation to phases of w - 21 ° 0950017 ET AL ow No development. The phasing plan shall take into account the responsibility for construction of the public infrastructure and services and shall be considered by the Municipality in enacting amendments to the Zoning By- flip law and in recommending plans of subdivision for approval. 10.3.13.4 The Municipality may request proponents of major residential development up to submit a Financial Impact Analysis in accordance with the terms of reference to be determined by the Municipality. Where such an analysis demonstrates that the development will have an adverse effect on the Municipality's financial situation, then the development will be considered to be premature and contrary to the intent of this Plan. 10.3.13.5 Council may declare a residential draft plan of subdivision to be premature and recommend that it not be approved if any of the following circumstances apply: a) the plan does not implement the principles contained in Section 10.3.13.1; b) the municipal wide non-residential assessment is less than 15 dw percent of total assessment; c) the capital works and services required to service the lands and the future residents are not within the Municipality's current capital budget or 10 year capital works forecast as updated from time to time; or d) Council is of the opinion that the Municipality's administrative and financial resources are not sufficient to provide an adequate level of services for those residents who would be accommodated in the proposed plan of subdivision as well as to provide and maintain an adequate level of services for existing residents and residents who +� will live in developments which have been approved by the Municipality. 'r 10.3.14 IMPLEMENTATION Plans of Subdivision 10.3.14.1 The Municipality, through the subdivision and/or condominium plan approval process, will ensure that the policies of the Plan are complied with and that a high standard of design is maintained. - 22 - 0950017 ET At. 10.3.14.2 In the evaluation of a subdivision proposal, Council shall require all applicable policies of this Plan to be complied with and shall impose conditions of approval, require financial guarantees and a development agreement to include, but not necessarily be limited to, the following matters: a) removal and stockpiling of top soil; b) preservation of trees in accordance with an approved tree preservation plan; c) preservation and/or relocation of heritage buildings; d) proper construction management methods, particularly with respect to storm water run-off, recycling of construction refuse, dust and debris control; and .r e) routing of construction traffic. 10.3.14.3 Where the development of a subdivision is being phased, the Municipality will generally require not less than 75% completion of building construction of a phase before the issuance of building permits for the subsequent phase. Capital Works and Development Charges 10.3.14.4 The lands within this Secondary Planning Area will be developed in accordance with the Growth Management policies contained in Section .. 10.3.13 of this Plan. All development shall be consistent with the Municipality's objective of providing municipal services in a cost-effective manner that shall ensure that development is not approved or developed ••+ prematurely so as to jeopardize the Municipality's financial ability to provide the capital works and services. 10.3.14.5 Where a development proposal is contemplated to be serviced within the 10 year capital works and services program for development charge purposes, it does not necessarily mean the Municipality shall provide the said services or works to facilitate any development. 10.3.14.6 Notwithstanding Section 10.3.13.5(c), the Municipality may consider the provision of capital works and services by the proponents of development where such works are not in the 10 year capital works forecast provided that: , a) it does not affect the development charge quantum; and .r - 23 . 0950017 ET AL r. b) it is permissable under the Development Charges Act. �. 10.3.15 INTERPRETATION 10.3.15.1 All Maps must be read in conjunction with the applicable policies of the text. All policies must be considered together to determine conformity. Individual policies shall not be read or interpreted in isolation. Unless otherwise specified, deviation from the provisions of the text and Maps will require an amendment to this Plan. 10.3.15.2 Where examples of permitted uses are listed under any specific land use designation, they are intended to provide examples of possible uses. Other similar uses may be permitted provided they conform to the intent and all applicable provisions of this Plan. 10.3.15.3 Where the boundaries of various land use designations as shown on Map 10-2 coincide with physical features such as creeks, rail lines, roads and utility lines, or instruments such as lot and concession lines or property limits, these boundaries are meant to be exact. In the absence of any of the above, minor deviations to the boundary may be permitted without amendment provided such deviations do not alter the intent of this Plan. 10.3.15.4 Figures, measurements, and quantities contained in this Plan are meant to be approximate except unless otherwise specified. A flexible interpretation shall not be allowed for the purpose of convenience but may �. only be considered if warranted on valid planning grounds. However any deviation shall be minor and in no case, shall exceed 10%. 10.3.15.5 The indication of roads, parks, schools and other services shall not be interpreted as being a commitment by the Municipality to provide such services at the planned location by a certain point in time. They are subject to detailed design and capital budget approval by Council or the School Boards on an annual basis. 10.3.15.6 Except as otherwise provided in this Secondary Plan, the provisions of the former Town of Newcastle Official Plan shall continue to apply to the lands to which this Secondary Plan applies. 10.3.15.7 The definitions of terms contained in this Plan are as follows: 24 - 0950017 ET AL Accessory Use - The use of any land, building or structure which is subordinate or incidental to the principal use located on the same lot. Affordable Housing - Housing with market price or rent that is affordable to households of low or moderate income, which are households within the lowest 60% of the income distribution for the housing market area, as OW determined by the Provincial Government. Affordable in this context means annual housing costs do not exceed 30% of gross annual household income. .ti Amenity Area - An interior area within a building or an outdoor area exterior to a building which is designed and intended primarily for the �. leisure and recreation of the occupants. Apartment-in-House - A self-contained second dwelling unit within a permitted residential dwelling created through converting part of or adding on to an existing dwelling unit. .r Buffer- An area intended to minimiie potential conflict between land uses. Conservation - The management of resources in a way to maintain, od restore, enhance and protect their quality and quantity for sustained benefit to people and the natural environment. .r Development - Means any one of the following events: • The construction, erection, or placing of a building or structure; ant • The addition to or alteration of a building or structure; • The change in use or the increase in intensity of use of any building, structure, or premises; • Activities such as site-grading, excavation, removal of topsoil or peat, or the placing or dumping of fill; or drainage works, except for O the maintenance of existing municipal and agricultural drains; and • The creation of a new lot and/or increase in the number of permitted units on a lot, .r no 25 ' 0950017 ET AL Development Charges - Refers to charges levied by the Municipality under the authority of the Development Charges Act on 'development' as defined under the Act and the Municipality's by-law. Ecological Functions - in regards to natural features and functions, means the natural processes, products or services that plant and animal species and the non-living environment provide or perform that are necessary to the maintenance of the integrity of ecosystems. .r Ecosystem - Means systems of plants, animals, and humans together with the non-living components of their environment and related ecological processes. Environment - Refers to both the natural and man-made environments, .. which include air, soil, water, plant and animal life, social and cultural conditions, buildings or structures, or any combination thereof. �- Flood Plain - The area of land adjacent to a watercourse that may be subject to flooding. 'M Floor Space Index (FSI) - The ratio of the total floor area of a building or buildings excluding enclosed parking areas, loading facilities and garbage rooms to the area of the lot on which the building or buildings are located. For example, a floor space index (FSI) of 2.0 would indicate that the total floor area of a building could be up to two times the area of the lot on which it is located. Floor space indices are meant to be exact. 3. Garden Suite - A self-contained, portable dwelling unit located in a side or Ift rear yard of an existing residential property, designed to provide temporary residential accommodation for the care of an elderly, sick or disabled person. .. Gross Leasable Floor Area - Means the total floor area, measured from exterior walls, excluding areas for mechanical services, public common areas, interior pedestrian walkways, enclosed parking areas and areas associated with institutional and residential uses. Habitat - Means areas of the natural environment upon which animal or aquatic wildlife, and plants depend for survival as self-sustaining populations, including land and water needed for protection, breeding, or food supply. - 26 - 0960017 ET AL Home-based Occupation - Use of a residential property or farm for the purpose of conducting businesses including professional offices, personal services, instructional services, homecraft business, private day care, bed and breakfast, trades business excluding manufacturing and retail, repair services excluding small engines and vehicles. Infrastructure - The combination of public works and facilities including roads, transit terminals, municipal water and sewage systems, storm water systems, schools, hospitals, libraries, parks, community and recreation centres, and any other public projects. Intensification - The creation of new residential units or accommodation in existing buildings or on previously developed and/or serviced land, generally including: • creation of rooming, boarding, and lodging houses • creation of apartments-in-houses and garden suites • conversion of non-residential structures to residential use infill development on lots created through consent or plan of subdivision within the built-up portion of the urban area r • redevelopment but does not include draft approved lots or vacant lots in registered plans of subdivision within developing greenfield areas. Massing - The overall bulk, size, physical volume, or magnitude of a building or structure. Mixed Use -A development comprised of a mix of land uses either in the same building or in separate buildings. The mix of land uses may include commercial, industrial, and/or institutional uses but must include residential dwellings. ••+ Net Density - The overall density of a site excluding public roads and widenings, public parks, non-developable land, school sites and similar public land areas. r. - 27 - 0950017 ET AL r. . �. Personal Service Uses - Uses such as hair salons, dry cleaners, shoe repair, tailors, Laundromats, travel agencies, photographers, veterinary clinics, fitness and health clubs, medical and dental offices, legal and real �• estate offices, financial and insurance offices, appliance repair shops and personnel agencies. �- Redevelopment- Development of land where demolition or conversion of the existing structure is to take place, or has taken place. Regulatory Flood - The standard used"to define the flood plain limits for regulatory purposes based on Hurricane Hazel, a one hundred year flood, or subject to the approval of the Minister of Natural Resources, an observed flood event. Retail Uses - Uses where goods or merchandise is sold including convenience items, general merchandise, apparel, hardware, home furnishings, specialty retail, automotive products, home improvement products, liquor and beer and includes eating establishments and department stores. Significant - In regard to natural features and functions, ecologically important to the natural environment in terms of the amount, content, representation, or effect, thereby contributing to the quality and integrity of „Y an identifiable ecological region or natural heritage system. Significance is based on criteria and guidelines established by the province or on comparable municipal evaluations. Stable Slope - means the angle a slope would achieve when erosion or human activities are absent. Streetscape - The visual appearance of a street formed by the location of physical features such as roads, buildings, walkways and landscaping. Valleyland - Lands within a depression along either side of a watercourse as determined from top-of-bank plus any applicable buffers as required for .. slope stability. Wildlife Habitat - means areas of the natural environment where plants, animals, and other organisms live, and find adequate amounts of food, water, shelter and space needed to sustain their populations. Specific N. .r Z8 ' 0950017 ET AL wildlife habitats of concerns may include areas where species concentrate at a vulnerable point in their annual or life cycle; and areas which are important to migratory and non-migratory species. Amend 'Schedule 6-1 - Courtice Secondary Plan' as indicated in Exhibit 'A' to this Amendment. MW Amend 'Schedule 6-2 - Environmental Sensitivity' as indicated in Exhibit 'B' to this Amendment. iv) Amend 'Schedule 6-4 - Transportation Network' as indicated in Exhibit 'C' to this Amendment. v) Add 'Schedule 10-2 - Land Use: South-West Courtice Neighbourhood Secondary Plan' as indicated on Exhibit 'D' to this Amendment. .r .r r .ri ri 29 — 0950017 ET AL on EXHIBIT "A" TO AMENDMENT #59 TO THE OFFICIAL PLAN OF THE FORMER TOWN OF NEWCASTLE .. INDICATE TOWNLINE . ROAD EXTENSION mu 4y♦♦♦ 7J1,f���r,N ../.r[�'•\r_'� ri ti�t:.r{{�'�c::� ,'J.t aa. .� .,s,,;• ^: ADJUST ALIGNMENT OF •}:`�+:bs.`•%i}{;�:•: i^'S•1:. .vJ" ik�• y �. £'"•`•k`'}••`': < .'�? <¢'.. COLLECTOR ROADS •:.... : :., •:3}:.;s. ;tile}:�• y;} �,.. ADJUST NEIGHBOURHOOD 2a 80UNDARY �°x' •'�:��\\\4'r!,{.`;;v#••x,•r: :>:{?:}tiS:r':}2,:;{;%by:4 .:. )�4.. 4 t r ADD ROADS lift ADD u NEW it BLOOR STREET } DELETE OLD AS I LANDS SUBJECT r,. BLOOR STREET TO SECONDARY PLAN of SCHEDULE 6-1 LAND USE - COURTICE RESIDENTIAL M.HAZARD LAND ® MAJOR OPEN SPACE WITH HAZARD LAND LANDS SUBJECT TO \V SECONDARY PLAN O PUBLIC ELEMENTARY SCHOOL SEPARATE ELEMENTARY SCHOOL © PUBLIC SECONDARY SCHOOL O NEIGHOURHOOD PARK © COMMUNITY PARK r. 4i .W-311 TRANSPORTATION NETWORK EXTEND URBAN AREA m■®NEIGHBOURHOOD BOUNDARY BOUNDARY ,===URBAN AREA BOUNDARY r. - 30 - 0950017 ET AL .r EXHIBIT "B" TO AMENDMENT *59 TO.THE OFFICIAL PLAN OF THE FORMER TOWN OF NEWCASTLE 'N SH L, ROAD y, rr • ` �;� -P Kam. 1�� LAI v ' v' -� '•,, �__ � , LJ ally A f C r. C +. ...�. BLOOR S . 2 »r 1 H1.00R ST.. ADJUST ALIGNMENT OF BLOOR STREET .r ..—Urban Area B%wn(jary Ma)or Open Space "d EXTEND URBAN AREA System And BOUNDARY Env i ronmen to I I y Sensitive Areas .ri t,; Environmentally L.2 Sensitive Areas ♦ Soil Contaminotion Assessment Area .r 31 — 0950017 ET AL '° EXHIBIT "C" TO AMENDMENT *59 TO THE OFFICIAL PLAN OF THE FORMER TOWN OF NEWCASTLE yIGyWAY N8 Y in w x z ; so c 8 .. ADJUST ALIGNMENT �P OF COLLECTOR ROADS no r so f ADD TYPE B ARTERIAL REDESIGNATE FROM DESIGNATE AS �. COLLECTOR ROAD TO LOCAL ROAD TYPE B ARTERIAL BLOOR sT r ADD TYPE C ARTERIAL ADD TYPE A ARTERIAL ADD TYPE C ARTERIAL ■• DELETE TYPE A ARTERIAL I ADD COLLECTOR ROADS STREET r. r. ADD TYPE BARTER ADJOURNED OARDTARIO ,. ��•�+URBAN AREA BOUNDARY TYPE A ARTERIAL ROAD ME 8 ARTERIAL ROAD TYPE C ARTERIAL ROAD EXTEND URBAN AREA COLLECTOR ROAD r BOUNDARY ........ LOCAL ROAD 1 . 1 / EXHIBIT "Er TO AMENDMENT No. 59 TO THE OFFICIAL PLAN OF FORMER TOWN OF �� �� ■Iluu►��� i 111111 111111111111 r 1111111 -■ ■!!1!!1� � � 1r �Iillil: I��!!1•ttr,��.�',►Q1•111111 �Illlllll�llll�liii X11111: �IIII1111111111► ,�►�p�lurlrll Irrrrrrrrllllllr,► X111111 X1111111 �1111�������������"i111N1 It1111tlllulll - '11111 11 -= _ :;:; •: ::::::;::.;�.. :11111 %.i�v • MAO aaa a - • •. --- •. a a • a- i//�i�r V © a•, • `�, •ate �ti a 'ygddy.Ny N ' - SCHEDULE 10-2 -� -• 1 Af�D USE 0950017 ET AL SCHEDULE "2" (To rezone land within draft Plan of Subdivision 18T-89037) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 96-170 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. The Ontario Municipal Board amends By-law 84-63, as amended, of the Municipality of Clarington as follows: 1. Section 12.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE ONE (R1) ZONE" is hereby amended by adding thereto, the following new Special Exceptions 12.4.41 and 12.4.42 as follows: 1012.4.41 URBAN RESIDENTIAL TYPE ONE (R1-41) ZONE Notwithstanding the provisions of Sections 12.1 and 12.2, those lands zoned R1- 41 on the schedules to this By-law shall only be used for a semi-detached/link dwelling in accordance with the following zone regulations: a) Lot Frontage (minimum) i) Interior Lot 18.0 metres ii) Exterior Lot 21.3 metres .. b) Yard Requirements (minimum) i) Front Yard 6.0 metres to attached private garage or carport " 4.5 metres to dwelling r ii) Interior Side Yard 1.2 metres with attached private garage or carport r. - 2 - 0950017 ET AL +rr 3.0 metres without attached private garage or carport iii) Exterior Side Yard 4.5 metres iv) Rear Yard 7.5 metres c) Building Height (maximum) 10.5 metres" .� "12.4.42 URBAN RESIDENTIAL TYPE ONE (R142) ZONE Notwithstanding the provisions of Sections 12.1, those lands zoned R1-42 on the schedules to this By-law shall only be used for a Public School as defined in Section 2 of this By-taw." 2. Section 13.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto, the following new Special Exceptions 13.4.11, 13.4.12, 13.4.13 and 13.4.14: "13.4.11 URBAN RESIDENTIAL TYPE TWO (R2-11) ZONE Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 11 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: a) Lot Area (minimum) 310 square metres b) Lot Frontage (minimum) i) Interior Lot 10.5 metres ii) Exterior Lot 13.8 metres c) Yard Requirements (minimum) i) Front Yard 6.0 metres to attached private garage or carport 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached ++� private garage or carport r 3 - 0950017 ET AL 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport iii) Exterior Side Yard 4.5 metres iv) Rear Yard 7.5 metres MW d) Building Height (maximum) 10.5 metres" am "13.4.12 URBAN RESIDENTIAL TYPE TWO (R2-12) ZONE Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 12 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: Aft a) Lot Area (minimum) 370 square metres b) Lot Frontage (minimum) I) Interior Lot 12.0 metres ii) Exterior Lot 15.3 metres c) Yard Requirements (minimum) i) Front Yard 6.0 metres to attached private garage or carport 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached private garage or carport 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport iii) Exterior Side Yard 4.5 metres WA iv) Rear Yard 7.5 metres an an . 4 - 0950017 ET AL r+ d) Building Height (maximum) 1 Q.5 metres„ "13.4.13 URBAN RESIDENTIAL TYPE TWO (R2-13) ZONE Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 13 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: a) Lot Area (minimum) 430 square metres ••+ b) Lot Frontage (minimum) i) Interior Lot ii) Exterior Lot 13.5 metres 16.8 metres c) Yard Requirements (minimum) .r i) Front Yard *6.0 metres to attached private garage or carport 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached private garage or carport 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport iii) Exterior Side Yard 4.5 metres iv) Rear Yard -r 7.5 metres d) Building Height (maximum) 10.5 metres” aw 3. "14.6.17 URBAN RESIDENTIAL TYPE THREE (R3-17) ZONE Notwithstanding the provisions of Sections 2, 3.1(a), (b) and (f), 14.1 and 14.2, those lands zoned R3-17 on the schedules to this By-law shall only be used for a street townhouse dwelling in accordance with the following definitions and zone �+ regulations: Sri in 16 , 0950017 ET AL an "' a) Definitions ARTERIAL ROAD Shall mean an improved public street with a right-of-way width of 26 metres or greater. LOCAL ROAD ` Shall mean an improved public street with a right-of-way width of 20 metres or less. .. FRONT LOT LINE ,W For the purposes of this Special Exception, front lot line shall mean the line dividing the lot from the arterial road. In the case of a lot having frontage on two arterial roads, the shorter lot line abutting the arterial road shall be r„ deemed the front lot line. REAR LOT LINE :., The lot line dividing the lot from a local road shall be deemed the rear lot line. In the case of a lot having frontage on two local roads, the shorter lot M• line abutting the local road shall be deemed the rear lot line. b) Regulations an i) Lot Area (minimum) 200 square metres ii) Lot frontage (minimum) a) Interior Lot 6.0 metres b) Exterior Lot 10.5 metres iii) Yard Requirements a) Front Yard 4.5 metres b) Interior Side Yard 1.5 metres, nil where the building has a common wall with any dwelling on . 6 - 0950017 ET AL .r an adjacent lot located in the R3-17 zone C) Exterior Side Yard 4.5 metres d) Rear Yard 18.0 metres iv) Building Height (maximum) 10.5 metres c) Special Building Regulations Notwithstanding 3.1(a) no accessory structures are permitted in the R3-17 zone except detached private garage subject to the special regulations contained herein. Notwithstanding .1 b and .r 9 ( ) (f) a detached private garage shall have a minimum 6.0 metre setback to the rear lot line and must have a minimum separation from the main dwelling of 5.0 metres. The side yard setback shall be a minimum of 0.6 metres, nil where the detached private garage has a common wall with another private garage on an adjacent lot located in the R3-17 zone." 4. Schedule "4" to By-law 84-63, as amended, is hereby further amended by lid changing the zone category from: "Agricultural (A)" to "Urban Residential Type One (R1)" "Agricultural (A)" to "Holding - Urban Residential Type One - Special Exception ((H)R1-41)" "Agricultural (A)" to "Holding - Urban Residential Type One - Special Exception ((H)R1-42)" "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception .. ((H)R2-11)" "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-12)" "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-13)" "Agricultural (A)" to "Holding - Urban Residential Type Three ((H)R3)" rr - 7 - 0950017 ET AL .. "Agricultural (A)" to "Holding - Urban Residential Type Three - Special Exception ((H)R3-17)" so "Agricultural (A)" to "Environmental Protection (EP)" am 5. Schedule "A" attached hereto shall form part of this By-law. 6. This By-law shall come into effect on the date of approval by the Ontario aw Municipal Board. w. Im y. � • • f1 This is • _ to i • • ' passed this 2oth day • SEPTEMBER 1996 j \ R /. Y•P�: s§= i\ , mac:. y;+LL}i=`c�4.r _ 3'•+_ ndz` i lu - - P c .Y �tI Ci N}�� , 0 fir:\:Lv'r. • • • '• .tit..r,,.,,, • �• r. 0950017 ET AL a. SCHEDULE "3" (To rezone land within draft Plan of Subdivision 18T-95023) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 96-171 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. The Ontario Municipal Board amends By-law 84-63, as amended of the Municipality of Clarington as follows: 1. Section 12.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE ONE (R1) �. ZONE" is hereby amended by adding thereto, the following new Special Exceptions 12.4.41 and 12.4.42 as follows: aw "12.4.41 URBAN RESIDENTIAL TYPE ONE (R141) ZONE Notwithstanding the provisions of Sections 12.1 and 12.2, those lands zoned R1- ,.. 41 on the schedules to this By-law shall only be used for a semi-detached/link dwelling in accordance with the following zone regulations: „. a) Lot Frontage (minimum) i) Interior Lot 18.0 metres ii) Exterior Lot 21.3 metres b) Yard Requirements (minimum) i) Front Yard 6.0 metres to attached private garage or carport .r 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached private garage or carport .. r .Ji 2 - 0950017 ET AL 3.0 metres without attached private garage or carport iii) Exterior Side Yard 4.5 metres .r iv) Rear Yard 7.5 metres c) Building Height (maximum) 10.5 metres" "12.4.42 URBAN RESIDENTIAL TYPE ONE (RI-42) ZONE Notwithstanding the provisions of Sections 12.1, those lands zoned R1-42 on the schedules to this By-law shall only be used for a Public School as defined in Section 2 of this By-law." 2. Section 13.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto, the following new Special Exceptions 13.4.11, 13.4.12, 13.4.13 and 13.4.14: 13.4.11 URBAN RESIDENTIAL TYPE TWO (R2-11) ZONE � Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 11 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: a Lot Area (minimum) .r ( ) 310 square metres b) Lot Frontage (minimum) i) Interior Lot 10.5 metres ii) Exterior Lot 13.8 metres -r c) Yard Requirements (minimum) i) Front Yard 8.0 metres to attached private garage or carport 4,5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached private garage or carport r. WE - 3 , 0950017 ET AL 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport r iii) Exterior Side Yard 4.5 metres iv) Rear Yard 7.5 metres d) Building Height (maximum) 10.5 metres" "13.4.12 URBAN RESIDENTIAL TYPE TWO (R2-12) ZONE Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 12 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: a) Lot Area (minimum) 370 square metres b) Lot Frontage (minimum) i) Interior Lot 12.0 metres ii) Exterior Lot 15.3 metres WN c) Yard Requirements (minimum) No i) Front Yard 6.0 metres to attached private garage or carport +� 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached private garage or carport 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport iii) Exterior Side Yard 4.5 metres iv) Rear Yard 7.5 metres - 4 - 0950017 ET AL d) Building Height (maximum) 10.5 metres" "13.4,13 URBAN RESIDENTIAL TYPE TWO (R2-13) ZONE `w Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 13 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: a) Lot Area (minimum) ( ) 430 square metres b) Lot Frontage (minimum) i) Interior Lot 13.5 metres ii) Exterior Lot 16.8 metres c) Yard Requirements (minimum) i) Front Yard 6.0 metres to attached private garage or carport 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached �+ private garage or carport 3.0 metres on one side anad 1.2 metres on the other side without attached private garage or carport iii) Exterior Side Yard 4.5 metres r iv) Rear Yard 7.5 metres d) Building Height (maximum) 10.5 metres" 3. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: "Agricultural (A)" to "Urban Residential Type One (R1)" r r 5 " 0950017 ET AL r. - "Agricultural (A)" to "Holding - Urban Residential Type One - Special Exception ((H)R1-41)" "Agricultural (A)" to "Holding - Urban Residential Type One - Special Exception ((H)R1-42)" "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-11)" "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception .. ((H)R2-12)" "Agricultural (A)" to "Holding Urban Residential Type Two - Special Exception ((H)R2-13)" "Agricultural (A)" to "Holding - Urban Residential Type Three ((H)R3)" r "Agricultural (A)" to "Holding - Urban Residential Type Four ((H)R4)" "Agricultural (A)" to "Environmental Protection (EP)" 4. Schedule "A" attached hereto shall form part of this By-law. W. 5. This By-law shall come into effect on the date of approval by the Ontario Municipal Board. M. r • • • 11 9 This is Schedule to By—low 96-47, passed this 2*Oth -day • MER �%m a -- - - f -a 3 :I fir-Wit='=�y _! '�'r',j_j• F= /.r \\ • am 0950017 ET AL NW SCHEDULE "4" ,r (To rezone land within draft Plan of Subdivision 18T-95026) ,. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 96-172 r. being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle. The Ontario Municipal board amends By-law 84-63, as amended, of the Municipality of Clarington as follows: 1. Section 12.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE ONE (R1) ZONE" is hereby amended by adding thereto, the following new Special Exceptions 12.4.41 and 12.4.42 as follows: "12.4.41 URBAN RESIDENTIAL TYPE ONE (R1-41) ZONE Notwithstanding the provisions of Sections 12.1 and 12.2, those lands zoned R1- 41 on the schedules to this By-law shall only be used for a semi-detached/link dwelling in accordance with the following zone regulations: a) Lot Frontage (minimum) i) Interior Lot 18.0 metres w ii) Exterior Lot 21.3 metres b) Yard Requirements (minimum) i) Front Yard 6.0 metres to attached private garage or carport ° 4.5 metres to dwelling .. ii) Interior Side Yard 1.2 metres with attached private garage or carport - 2 - 0950017 ET AL 3.0 metres without attached private garage or carport iii) Exterior Side Yard 4.5 metres iv) Rear Yard 7.5 metres c) Building Height (maximum) 10.5 metres" "12.4.42 URBAN RESIDENTIAL TYPE ONE (R1-42) ZONE .r Notwithstanding the provisions of Sections 12.1, those lands zoned R1-42 on the schedules to this By-law shall only be used for a Public School as defined in Section 2 of this By-law." 2. Section 13.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto, the following new Special Exceptions 13.4.11, 13.4.12, 13.4.13 and 13.4.14: "13.4.11 URBAN RESIDENTIAL TYPE TWO (R2-11) ZONE Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- .r 11 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: a) Lot Area (minimum) 310 square metres b) Lot Frontage (minimum) i) Interior Lot 10.5 metres ii) Exterior Lot 13.8 metres Ed C) Yard Requirements (minimum) i) Front Yard � 6.0 metres to attached private garage or carport 4.5 metres to dwelling Interior Side Yard 1.2 metres with attached private garage or carport .r 3 ° 0950017 ET AL M. 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport iii) Exterior Side Yard 4.5 metres iv) Rear Yard 7.5 metres d) Building Height (maximum) 10.5 metres" "13.4.12 URBAN RESIDENTIAL TYPE TWO (R2-12) ZONE Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 12 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: a) Lot Area (minimum) 370 square metres r. b) Lot Frontage (minimum) i) Interior Lot 12.0 metres ii) Exterior Lot 15.3 metres .. c) Yard Requirements (minimum) i) Front Yard 6.0 metres to attached private garage or carport 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached private garage or carport r 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport iii) Exterior Side Yard 4.5 metres w 4 ' 0950017 ET AL iv) Rear Yard 7.5 metres d) Building Height (maximum) 10.5 metres" "13.4.13 URBAN RESIDENTIAL TYPE TWO (R2-13) ZONE. Notwithstanding the provisions of Sections 13.1 and 13.2, those lands zoned R2- 13 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following zone regulations: a)- Lot Area (minimum) 430 square metres b) Lot Frontage (minimum) i) Interior Lot 13.5 metres ii) Exterior Lot 16.8 metres w. c) Yard Requirements (minimum) i) Front Yard 6.0 metres to attached �+ private garage or carport 4.5 metres to dwelling ii) Interior Side Yard 1.2 metres with attached private garage or carport 3.0 metres on one side and 1.2 metres on the other side without attached private garage or carport iii) Exterior Side Yard 4.5 metres iv) Rear Yard 7.5 metres d) Building Height (maximum) 10.5 metres" W "13.4.14 URBAN RESIDENTIAL TYPE TWO (R2-14) ZONE rr .r 5 " 0950017 ET AL Notwithstanding the provisions of Sections 2, 13.1 and 13.2, those lands zoned R2-14 on the schedules to this By-law shall only be used for a single detached dwelling in accordance with the following definitions and zone regulations: a) Definitions SINGLE CAR ATTACHED PRIVATE GARAGE Shall mean a portion of a dwelling which is fully enclosed and roofed and designed for the sheltering of one motor vehicle as a parking space. Incidental storage of household equipment is also permitted. DOUBLE CAR ATTACHED PRIVATE GARAGE Shall mean a portion of a dwelling which is fully enclosed and roofed and designed for the sheltering of two motor vehicles as parking spaces. Incidental storage of household equipment is also permitted. b) Regulations for dwellings with single car attached private garage: i) Lot Area (minimum) 300 square metres ii) Lot Frontage (minimum) a) Interior Lot 11.4 metres b) Exterior Lot 14.7 metres r iii) Yard Requirements (minimum) low a) Front Yard 6.0 metres to attached private garage 4.5 metres to dwelling b) Interior Side Yard 1.2 metres c) Exterior Side Yard 4.5 metres d) Rear Yard 5.0 metres iv) Building Height (maximum) 10.5 metres aw ■w ' 6 - 0950017 ET AL �+ c) Regulations for dwellings with double car attached private garage: 1) Lot Area (minimum) 380 square metres ii) Lot Frontage (minimum) .r a) Interior Lot 14.4 metres b) Exterior Lot 17.7 metres W iii) Yard Requirements (minimum) a) Front Yard 6.0 metres to attached private garage 4.5 metres to dwelling b) Interior Side Yard 1.2 metres .r c) Exterior Side Yard 4.5 metres d) Rear Yard 5.0 metres iv) Building Height (maximum) 10.5 metres" 3. "14.6.17 URBAN RESIDENTIAL TYPE THREE (R3-17) ZONE Notwithstanding the provisions of Sections 2, 3.1(a), (b) and (f), 14.1 and 14.2, those lands zoned R3-17 on the schedules to this By-law shall only be used for a street townhouse dwelling in accordance with the following definitions and zone regulations: a) Definitions ARTERIAL ROAD Shall mean an improved public street with a right-of-way width of 26 metres or greater. .r r. r ` 7 - 0950017 ET AL LOCAL ROAD two Shall mean an improved public street with a right-of-way width of 20 metres or less. FRONT LOT LINE For the purposes of this Special Exception, front lot line shall mean the line dividing the lot from the arterial road. In the case of a lot having frontage on two arterial roads, the shorter lot line abutting the arterial road shall be deemed the front lot line. REAR LOT LINE The lot line dividing the lot from a local road shall be deemed the rear lot line. In the case of a lot having frontage on two local roads, the shorter lot line abutting the local road shall be deemed the rear lot line. b) Regulations �• i) Lot Area (minimum) 200 square metres ii) Lot frontage (minimum) a) Interior Lot 6.0 metres b) Exterior Lot 10.5 metres iii) Yard Requirements a) Front Yard 4.5 metres w b) Interior Side Yard 1.5 metres, nil where the building has a common wall with any dwelling on r. an adjacent lot located in the R3-17 zone c) Exterior Side Yard 4.5 metres d) Rear Yard 18.0 metres iv) Building Height (maximum) 10.5 metres 8 ' 0950017 ET AL c) Special Building Regulations Notwithstanding 3.1(a) no accessory structures are permitted in the R3-17 zone except detached private garage subject to the special regulations contained herein. Notwithstanding 3.1(b) and (f) a detached private garage shall have a minimum 6.0 metre setback to the rear lot line and must have a minimum separation from the main dwelling of 5.0 metres. The side yard setback shall be a minimum of 0.6 metres, nil where the detached private garage has a common wall with another private garage on an adjacent lot located in the R3-17 zone." Eli 4. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone category from: so "Agricultural (A)" to "Holding - Urban Residential Type One - Special Exception ((H)R1-41)" .r "Agricultural (A)" to "Holding - Urban Residential Type One - Special Exception ((H)R1-42)" .r "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-11)" "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-12)" W "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-13)" "Agricultural (A)" to "Holding - Urban Residential Type Two - Special Exception ((H)R2-14)" "Agricultural (A)" to "Holding - Urban Residential Type Three ((H)R3)" "Agricultural (A)" to "Holding - Urban Residential Type Three - Special Exception ((H)R3-17)" 5. Schedule "A" attached hereto shall form part of this By-law. 6. This By-law shall come into effect on the date of approval by the Ontario .r Municipal Board. 'f i