HomeMy WebLinkAboutPD-118-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: VICTORIA.GPA
REPORT
Meeting: General Purpose and Administration Committee File 4A )��1 .C�J
Date: Monday, September 9, 1996 Res.
VICTORIA Subject: REZONING APPLICATION & PROPOSED AMENDMENT TO DRAFT APPROVAL
••DDEVELOPMENT
PART • T 26 & 27, CONCESSION •- OF
FILE: DEV 94-059 (X-REF: ..0.
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 118 -96 be received;
2. THAT the Region of Durham be advised that the Municipality of Clarington
recommends approval of the proposed amendment to the Draft Approved Plan
of Subdivision 18T -88061 subject to the conditions contained in Attachment No.
1 to this report;
3. THAT the Mayor and Clerk be authorized, by By -law, to execute the Subdivision
Agreement between the Owner of the Draft Plan of Subdivision 18T -88061 and the
Corporation of the Municipality of Clarington at such time as an agreement has
been finalized to the satisfaction of the Director of public Works and the Director
of Planning and Development;
4. THAT the attached amendment to By -law 84 -63 be APPROVED and that the
Holding (H) symbols be removed by By -law upon the execution of a Subdivision
Agreement;
5. THAT all interested parties listed in this report and any delegation regarding each
submission dealt with in this report be advised of Council's decision with respect
to that submission; and
6. THAT a copy of this report and Council's decision be forwarded to the Durham
Region Planning Department.
1.1 Applicant: Victoria Woods Development Corporation
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REPORT NO. PD- 118 -96 PAGE 2
1.2 Agents: D. G. Biddle & Associates Ltd.
Black, Shoemaker, Robinson & Donaldson
1.3 Subdivision Plan:
Draft Approved for:
349 single detached dwelling units & 21 reserve blocks.
Proposed Amendment to Draft Approval:
200 single detached dwelling units, 170 semi - detached or link
dwelling units and 142 townhouses for a total of 512 units.
1.4 Rezoning: From Holding - Urban Residential Type One ((H)R1) to the
appropriate zones in order to permit the above noted proposed
amendment to Draft Approval.
1.5 Area: 32.52 hectares
2. BACKGROUND
2.1 Plan of Subdivision 18T -88061 received Draft Approval from the Regional
Municipality of Durham on August 10, 1992 for 349 single detached dwellings and
21 reserve lots. The applicant's agent subsequently indicated to municipal staff
in 1994 that the market conditions had changed and that the applicant was
considering an amendment to Draft Approval.
2.2 In November of 1994, the Planning and Development Department was advised by
the Regional Municipality of Durham that the applicant had applied for an
amendment to Draft Approval.
2.3 In addition, in November of 1994, the applicant applied with the Planning and
Development Department to amend Comprehensive Zoning By -law 84 -63 in order
to implement the proposed amendment to Draft Approval.
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REPORT NO. PD- 118 -96 PAGE 3
3. PUBLIC NOTICE AND SUBMISSIONS
3.1 The Public Meeting, as required by the Planning Act, was held on February 20,
1995 at which time the General Purpose and Administration Committee was
addressed by both agents for the applicant and seven area residents. The
concerns of the area residents can generally be summarized as follows:
increased density and population
storm water management
• increased traffic
loss of privacy /height of buildings /fencing
• construction traffic
• the use of future development blocks
These concerns are discussed in Section 7 of this Report.
3.2 Notice of the General Purpose and Administration Meeting of September 9, 1996
were sent to those residents who had spoken at the public meeting and to those
who had written to the Department.
4. OFFICIAL PLAN CONFORMITY
4.1 Within the 1991 Durham Regional Official Plan, the subject lands are designated
as Living Area. The property is located in one of three Living Areas which
comprise the Newcastle Village Urban Area which has been allocated a
population of 27,000. The Regional Official Plan does not allocate population
targets on a neighbourhood level and therefore, staff will consider the proposed
population in relation to the Council- adopted Clarington Official Plan.
4.2 The new Clarington Official Plan allocates units as opposed to population and has
allocated a total of 1275 units for the entire Graham Neighbourhood which
includes existing units outside of the ownership of Victoria Woods. In addition,
the plan requires the provision of a mix of various dwelling types. Subsequent to
our review of the proposed revision, staff are satisfied that ti conforms to the
Council- adopted Clarington Official Plan.
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REPORT NO. PD- 118 -96 PAGE 4
• ► •
5.1 The area subject to the zoning amendment application is currently zoned Holding
- Urban Residential Type One ((H)R1) which would permit the development of the
subject lands with:
• single detached dwellings with a minimum of 15.0 metres of frontage; and
• semi - detached or linked dwellings with a minimum of 18.0 metres of
frontage.
5.2 The proposed revision to the Draft Approved plan of subdivision to develop not
only the above noted style of units but also:
• single detached dwellings with a minimum of 12.0 metres of frontage; and
• block and street townhouse units.
In addition, the applicant is proposing to reduce the exterior side yard
requirement from 6.0 metres to 4.5 metres. As a result, an amendment to Zoning
By -law 84 -63 is required in order to implement the proposed amendment to Draft
Approval.
6. AGENCY COMMENTS
6.1 The proposed amendment to Draft Approval was circulated for comments by the
Regional Municipality of Durham. Concurrently, the proposed zoning amendment
application has been circulated in order to obtain comments from other
departments and agencies. The following provides a brief summary of the
comments received.
6.2 The Ganaraska Region Conservation Authority has reviewed the proposal and
advised that the Authority has no objection to the applications. However, the
Authority did provide two conditions to the amendment to Draft Approval with
respect to grading and storm water management.
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REPORT NO. PD- 118 -96 PAGE 5
6.3 The Ministry of Natural Resources reviewed the original proposal and requested
the applicant to provide sufficient vegetated buffer along the lots adjacent to the
top -of -bank. Since this revision has been incorporated into the revised
amendment to Draft Approval, the Ministry has advised that they have no
objections to the proposal subject to the submission of a storm water report.
6.4 The Municipality of Clarington Fire Department advised that the subject lands are
within the response area of Station # 2 which is staffed by part-time fire fighters.
In addition, although the Fire Department did not object to the proposal, the Fire
Department advised that major increases in population places strains on existing
resources. It should be noted that the provision of fire protection services and
facilities is addressed through the development charges process.
6.5 The Parks Division of the Public Works Department has reviewed the proposal
and advised that they have no objection subject to the dedication of Block 313
and 314 to meet the 5% parkland dedication requirement. In addition, the Parks
Division of the Public Works Department will require the dedication of walkway
Blocks 317, 318 and 319, the dedication of Block 321 for storm water
management purposes and the submission of a landscaping plan for the storm
water management ponds.
6.6 The Engineering Division of Public Works Department has reviewed the proposal
and generally has no objection to the amendment to draft approval. However, the
Engineering Division noted a concern regarding the development of the rear lanes
in the vicinity of Streets "E" and "F ". The concern is that detailed engineering
standards have not as yet been developed and it is difficult to determine if the
proposed 7.5 metre width is sufficent.
The Engineering Division intends to develop design standards in the near future,
but would like to defer the approval of these sites until such time as the standards
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REPORT NO. PD-1 18-96 PAGE 6
are prepared and adopted. This will allow more flexibility in the event that is
determined that 7.5 metres is not the appropriate standard. As a result, staff have
red -lined the area proposed for development with rear lanes as a Future
Development Block 323. Staff will address this block in a subsequent report
following the adoption of the design standards.
6.7 The balance of the circulated agencies to provide comments were the Regional
Planning Department, Regional Works Department, Public School Board and
Separate School Board. None of these agencies provided objectional comments
with respect to the proposal.
7. CONCERNS OF AREA RESIDENTS
7.1 As a result of the public notification process and the February 20, 1995 Public
Meeting, staff were made aware of numerous concerns of the area residents.
Staff will take this opportunity to address each of the concerns raised by the
residents.
7.2 Increased Density and Population
The Council- adopted Clarington Official Plan allocates a maximum of 1275 units
to the Graham Neighbourhood which also contains two Medium Density (M)
symbols. Both of these symbols are accounted for through the future
development of Blocks 305 and 306. Medium density symbols are intended to
develop between 31 and 60 units per net hectare with the predominant housing
forms being townhouses, triplexes and low rise apartments with a maximum of
four storeys. In addition, the increased number of units is permissable under the
provisions of Table 9 -2 of the Council- adopted Clarington Official Plan. In view of
the foregoing, the proposed unit count, style and density are in conformity with
the Council- adopted Clarington Official Plan.
REPORT NO. PD- 118 -96 PAGE 7
7.3 Storm Water Management
Some of the area residents expressed concerns regarding storm water
management and the possibility of negative impacts occurring on Graham Creek.
Staff note that the proposal has been reviewed by both the Public Works
Department and the Ganaraska Region Conservation Authority. Both the Authority
and the Public Works Department have requested that the submission and
approval of the Storm Water Management Report be included as a condition of
the amendment to Draft Approval. Staff are confident that the inclusion of this
condition will assist in ensuring the protection of the Graham Creek valleylands.
7.4 Increased Traffic
With respect to increased traffic, staff acknowledge that the development of such
a large plan of subdivision will undoubtedly increase traffic in the surrounding
areas. In that regard, the Public Works Department requested the applicant's
engineer to prepare a Traffic Impact Study. The Study's contents were reviewed
and were found to be acceptable. As a result, the Public Works Department is
of the opinion that while the development of the subdivision will increase traffic
in the surrounding area, the increased levels of traffic are acceptable.
7.5 Height of Buildings /Fencing,
Several residents expressed concerns regarding a potential loss of privacy. The
opinion of the residents is that the homes may be large two - storey homes which
would then have views into the private amenity areas in the back yards of the lots
fronting on the south side of King Street and the east side of Beaver Street. It
was suggested that the height of the buildings could be limited or that privacy
fencing could be provided. In that regard, staff advise that all lots within the
Urban Residential Type One (R1) including the existing houses have a maximum
allowable height of 10.5 metres. With respect to fencing, the Municipality does
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REPORT NO. PD- 118 -96 PAGE 8
not require the provision of privacy fencing between similar uses. (ie. residential
abutting residential) since this is a matter best left with the individual property
owners.
7.6 Construction Traffic
With respect to construction access, staff advise that the location of all
construction access points are reviewed and approved by the Public Works
Department through their review of subsequent engineering drawings. Every
effort will be made to limit inconvenience to the surrounding neighbourhood and
staff are satisfied that impacts on the surrounding area can be mitigated.
7.7 The Use of Future Development Blocks
Several residents expressed concerns that the applicant was retaining ownership
of the Graham Creek valleylands and wanted information regarding the future
uses proposed for the valleylands. Staff advise that the Municipality's parkland
dedication by -law encourages the gratuitous dedication of valleylands to the
Municipality, although staff acknowledge that the Municipality cannot unilaterally
impose such a requirement as the Planning Act does not provide the authority to
do so.
Victoria Woods has indicated in the past that they may wish to investigate
developing the site with a 9 hole golf course although a formal application has
never been submitted. However, staff note that any proposal for a golf course
would involve the public input through an official plan amendment process.
8. STAFF COMMENTS
8.1 The proposal envisions a variety of housing types and forms including single
detached dwellings, semi - detached /link dwellings and street and block
townhouses. in addition, the plan has attempted to incorporate a grid pattern of
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REPORT NO. PD- 118 -96 PAGE 9
roads although the lands are significantly constrained by a curvilinear collector
road (Edward Street) and the Graham Creek valleylands. Nevertheless, the
number of individual access points onto the collector road system has been
reduced through the development of Blocks 305 and 306 as Block townhouses
which will aid in the flow of traffic.
8.2 Staff advise that the attached By -law would provide the appropriate zone
categories in order to facilitate the development of the draft plan of subdivision,
as amended. The amended zone categories include a reduced exterior side yard
requirement of 4.5 metres as requested by the applicant.
9. CONCLUSION
9.1 In consideration of the comments contained within this report, the Planning and
Development Department would have no objection to a recommendation to the
Region of Durham of approval of the proposed amendment to Draft Approval,
subject to the conditions contained in Attachment No. 1 to this report.
9.2 Furthermore, staff would have no objection to the approval of the attached zoning
by -law amendment to implement the amendment to Draft Approval. The
amending zoning by -law would provide for the appropriate zone categories to
implement the subdivision, as amended. Staff note that the Holding (H) symbols
will require Council approval at such time as the Subdivision Agreement is
registered, A rezoning application to remove the holding symbol will be required
at a later date.
Respectfully submitted, Reviewed by,
..M
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
W. H. Stockwell
Chief Administrative
Officer
D
REPORT NO. PD- 118 -96 PAGE 10
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Attachment # 1 - Conditions of Amendment to Draft Approval
Attachment # 2 - Red -line revised plan
Attachment # 3 - Key Map
August 30, 1996
Interested parties to be notified of Council and Committee's decision:
D.G. Biddle and Associates Ltd.
Consulting Engineers
96 King Street East
OSHAWA, Ontario L1 H 1 B6
Nancy Shoemaker
Black Shoemaker Robinson &
Donaldson
351 Speedvale Avenue West
GUELPH, Ontario
N1H 106
Victoria Woods Development
Corporation
1550 Kingston Road
Suite 309, Atrium Offices
PICKERING, Ontario
L1 V 1C3
ATTACHMENT NO. 1
REVISED CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T -88061 prepared by D. G. Biddle
& Associates Limited dated September 1994 as revised June 1996 and further revised in red
on the attached plan showing 200 Lots for single detached dwellings, 85 Lots for
semi - detached or linked dwellings, 19 Blocks for street townhouses, 2 Blocks for block
townhouses, Blocks 313 and 314 for park, Block 317, 318 and 319 for walkways, Block 321
for storm water management, Block 323 for future development and various blocks for
reserve, road widening, site triangle etc.
FINAL PLAN REQUIREMENTS
2. That all streets within the Plan of Subdivision shall be dedicated as public highway and
shown as such on the final plan.
3. That all streets shall be named to the satisfaction of the Municipality of Clarington and
shown on the final plan.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. That the Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Public Works and the Director of Planning and
Development for review and approval. The Landscaping Plan shall reflect the design criteria
of the Municipality as amended from time to time.
S. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist
Report to the Director of Planning and Development to demonstrate that the proposed
development will not adversely impact the existing wells in the surrounding areas.
...2
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONTU
6. That the Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Public Works for review and approval.
All plans and drawings must conform to the Municipality's Design Criteria as amended from
time to time.
7. That the Owner shall retain a qualified consultant to prepare and submit a Tree
Preservation plan to the Director of planning and Development for review and approval.
8. That the Owner shall transfer to the Municipality, Blocks 313 and 314 for park purposes.
9. That the Owner shall transfer to the Municipality, Blocks 317, 318 and 319 for
walkways /access.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
10. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree
to abide by all terms and conditions of the Municipality's subdivision agreement, including,
but not limited to, the requirements that follow.
11. That all easements, road widening, and reserves as required by the Municipality shall be
granted to the Municipality free and clear of all encumbrances.
12. That 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 Charge Act if any are required to be paid
by the owner.
13. That the Owner shall provide and install sidewalks, street lights, temporary turning circles
etc. as per the Municipality's standards and criteria.
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-3-
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONTU
14. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be
buried underground, for both primary and secondary services.
15. That the Owner shall provide the Municipality, at the time of execution of the subdivision
agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's
Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy
Deposit and other guarantees or deposit as may be required by the Municipality.
16. That the Owner shall adhere to architectural control requirements of the Municipality.
17. That prior to the issuance of building permits, the Owner shall, through its acoustic
engineer, to provide a certification to the Director of Planning, certifying that the Builder's
plans are in accordance with the Noise Control Report as approved by the Ministry of the
Environment and the Municipality of Clarington.
18. That prior to the 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.
19. The Owner agrees that where the well or private water supply of any person is interfered
with as a result of construction or the development of the subdivision, the Owner shall at
his expense, either connect the affected party to municipal water supply system or provide
a new well or private water system so that water supplied to the affected party shall be of
quality and quantity at least equal to the quality and quantity of water enjoyed by the
affected party prior to the interference.
20. That the Owner provide the Planning Department, on disk in a CAD format acceptable to
the Municipality a copy of the Plan of Subdivision as draft approved. .../4
531
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21. That the Owner secure and dedicate to the Municipality, if necessary, the external road
widenings on:
the north side of Edward Street from Beaver Street to the west limit of the plan of
subdivision
on the west side of Edward Street at the intersection of Arthur Street, Highway No.
2 and Edward Street. This widening must be of sufficient width to align the
intersection and provide a 23 metre road allowance for Edward Street.
22. That the Owner provide 0.3 metre reserves at the following locations:
• across the Edward Street frontage of Blocks 305 and 306
• across the Edward Street frontage of Lots 3, 26, 27, 31, 74 115, 125, 156, 157, 255,
256, and 282
23. That registration of this plan of subdivision will not be permitted to proceed until such time
as the Municipality has approved the expenditure of funds for:
• the provision of the reconstruction of Edward Street, from Beaver Street easterly to
the west limit of this development and
• any related external works or services which have been included in the Municipality's
Development Charges By -law and have been deemed necessary by the Director of
Public Works to service this development.
24. That the area bounded by Edward Street on the north, Street "E" on the west and Street
"F" on the south and east be deferred as a Future Development Block.
...5
532
- 5 -
25. That the Owner be required to secure the lands required for the construction of Street "E ",
from Street "F" southerly to the turning circle as shown on the draft plan. These lands and
the associated road construction work will form part of this subdivision and the development
agreement and shall be dedicated to the Municipality free and clear of all encumbrances
and in a form satisfactory to the Municipality's solicitor.
26. That the Owner is responsible for the total cost of providing a pedestrian walkway between
Highway No. 2 and Street "B" which will serve as a direct connection to the proposed
subdivision. The applicant will be responsible for the costs associated with this walkway to
municipal standards including the preparation of a reference plan, illumination, fencing, etc.
The Owner must also be responsible for all cost associated with the closure and conveyance
of the road allowance between Highway No.2 and this plan of subdivision, in accordance
with the Municipality's Road Closure Policy.
27. That pedestrian walkway Block 317 must align with the walkway in the existing road
allowance to the satisfaction of the Director of Public Works.
28. That the Owner submit a Storm Water Management Report satisfactory to the Director of
Public Works and the Ganaraska Region Conservation Authority. This report must address
the size and configuration of the storm water management works to ensure that the
designated blocks have been adequately sized. The report must clearly indicate all setback
distances, depths, storage volumes and slope grades. Written approval from the Ganaraska
Region Conservation Authority for the location of any facilities within the regional flood
plain.
29. The design and construction of the storm water management works shall be performed to
the satisfaction of the Director of Public Works and shall include perimeter fencing as
deemed necessary by the Director of Public Works.
30. That the development setback from the top of bank is to be confirmed by the Ganaraska
Region Conservation Authority. Some adjustments to the lot depths and configurations may
be required.
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31. That the Owner provide an Erosion Control report which assesses the need for erosion
control within the adjacent valleylands. The final report must be approved by the
Ganaraska Region Conservation Authority.
32. That the Owner prepare a Phasing Plan for this development to the satisfaction of the
Director of Public Works.
33. That landscape plans be approved and developed for the water quality and water quantity
ponds to the satisfaction of the Director of Public Works.
34. That Block 322 be conveyed to the northerly abutting property owner.
35. That the Owner satisfy all the conditions financial or otherwise of the external agencies
listed below:
a) the Northumberland Clarington Public School Board;
b) the Ganaraska Region Conservation Authority;
c) the Regional of Municipality of Durham Works Department.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 96-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former
Town of Newcastle.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 12.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE ONE (R1)
ZONE" is hereby amended by adding thereto, the following new Special Exception 12.4.43
as follows:
"12.4.43 URBAN RESIDENTIAL TYPE ONE (R1 -43) ZONE
Notwithstanding Section 12.2, those lands zoned R1 -43 on the schedules to this By-
law shall also be subject to the following zone regulations:
a) Exterior Side Yard 4.5
2. Section 13.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE TWO (R2)
ZONE" is hereby amended by adding thereto, the following new Special Exception
13.4.15 as follows:
"13.4.15 URBAN RESIDENTIAL TYPE ONE (R2 -15) ZONE
Notwithstanding Section 13.2, those lands zoned R2 -15 on the schedules to this By-
law shall also be subject to the following zone regulations:
a) Exterior Side Yard 4.5
3. Section 14.6 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE THREE
(R3) ZONE" is hereby amended by adding thereto, the following new Special
Exception 14.6.18 as follows:
"14.6.18 URBAN RESIDENTIAL TYPE THREE (113 -18) ZONE
Notwithstanding Section 14.3 AND 14.4, those lands zoned R3 -18 on the schedules
to this By -law, shall also be subject to the following zone regulations:
a) Exterior Side Yard 4.5
537
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4. Schedule "5" to By -law 84 -63, as amended, is hereby further amended by changing
the zone category from;
"Holding - Urban Residential Type One ((H)Rl)" to "Urban Residential Type One (R1) ";
"Holding - Urban Residential Type One ((H)R1)" to "Holding - Urban Residential Type
One - Special Exception ((H)R1 -43) ";
"Holding - Urban Residential Type One ((H)R1)" to "Holding - Urban Residential Type
Two - Special Exception ((H)R2 -15) ";
"Holding - Urban Residential Type One ((H)R1)" to "Holding - Urban Residential Type
Three - Special Exception ((H)R3 -18) ";
5. Schedule "A" attached hereto shall form part of this By -law.
6. This By -law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 36 of the Planning Act.
BY -LAW read a first time this day of 1996.
BY -LAW read a second time this day of 1996.
BY -LAW read a third time and finally passed this day of 1996.
MAYOR
CLERK
538
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