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HomeMy WebLinkAboutPSD-011-13 Clarington REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 4, 2013 Resolution #: - -1 By-law #: t ¢ f, Report #: PSD-011-13 File #: S-C- 2004-004 and ZBA 2012-0017 Subject: AN APPLICATION TO AMEND DRAFT APPROVED PLAN OF SUBDIVISION AND A ZONING BY-LAW AMENDMENT TO PERMIT 163 RESIDENTIAL UNITS APPLICANT: WEST DIAMOND PROPERTIES INC. AND PLAYERS BUSINESS PARK LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-011-13 be received; 2. THAT the application to amend the Draft Approved Plan of Subdivision, submitted by West Diamond Properties Inc. and Players Business Park Ltd. to permit 163 residential units be supported, subject to the conditions contained in Attachment 4 to Report PSD- 011-13; 3. THAT the Zoning By-law Amendment application submitted by West Diamond Properties Inc. and Players Business Park Ltd. be approved as contained in Attachment 5 to Report PSD-011-13; 4. THAT once all conditions contained in the Official Plan and Zoning By-law with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be forwarded to Council for approval; 5. THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-011-13 and Council's decision; and 6. THAT all interested parties listed in Report PSD-011-13 and any delegation be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 REPORT NO.: PSD-011-13 PAGE 2 Submitted by: Reviewed by: � avi . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer CS/CP/df 29 January 2013 REPORT NO.: PSD-011-13 PAGE 3 1. APPLICATION DETAILS 1.1 Applicant: West Diamond Properties Inc. and Players Business Park Ltd. (Metrus Properties Limited) 1.2 Agent: Robert Cutler, Bousfield Inc. 1.3 Proposal: Amendment to Draft Approved Plan of Subdivision: To change the lot sizes in Phase 2 of a Draft Approved Plan of Subdivision resulting in an overall reduction of residential units from 190 units to 163. Zoning By-law Amendment: • To increase the lot coverage from 50% for the dwelling and 55% for all buildings and structures to a maximum of 55% for all buildings and structures including the dwelling; • To change the total number of units in specified blocks; and • To remove the Holding Symbol to permit development of Phase 2. 1.4 Site Area: 20.0 hectares (49.4 acres). 1.5 Location: The lands subject to these applications are located on the west side of Green Road approximately 700 metres north of Durham Hwy. 2, being Part Lot 17, Concession 2 in the former Township of Darlington (see Attachment 1). 2. BACKGROUND 2.1 In November 2009, Council recommended to the Ontario Municipal Board (OMB), approval of Plan of Subdivision S-C 2004-004, and corresponding rezoning. On December 9, 2009 the OMB approved the subdivision and rezoning for 423 residential units. 2.2 A modification to the plan was made in 2011, changing the lot configuration in Phase 1. The result was a minor reduction in the number of units from 423 units to 419 units. 2.3 The draft approved plan is proceeding in two phases. Phase 1, consisting of 229 units was registered in December 2011 as 40M-2459. Phase 2 is approved for 190 units. The applicant is requesting a change in some of the lot sizes in Phase 2, reducing the number of units to 163 as illustrated in the following table. REPORT NO.: PSD-011-13 PAGE 4 Draft Approval Amendment to Phase 2 Proposed New Total Unit Type 2009 for Phase Draft Approval as Approved changes to for Entire 1 &2 2010 for Phases in July 13, Phase 2 Draft Plan December 2 1 &2 2011 ` September 2009 July 13,2011 19,2012 6.1 m Lane 40 59 17 0 42 Townhouse 7.6m On-Street 0 48 35 21 34 Townhouse 7.5m Single 27 0 0 0 0 6.6m Cap End 54 0 0 0 0 Townhouse 9.8 Semi/Link 62 62 22 40 80 11.6m Single 94 94 47 65 112 12.8m Single 60 60 27 37 70 6.7m Lane Semi 86 96 42 0 54 TOTAL 423 419 190 163 392 2.4 Jeffery Homes and Brookfield Homes are the two builders in Phase 1 and they are committed to continue their building program in Phase 2. Home sales have generally been successful in Phase 1, particularly the single and linked product. The lane based townhouse units have generated the least interest. Phase II contains townhouse and common wall semi-detached dwellings fronting on the parkette with a rear lane vehicle access. As a result of their experience in Phase 1 the builders have requested that the lots around the parkette that are lane based be changed as follows and shown on Attachment 2: • Removing 17 lane-based townhouse units and 42 common wall semi-detached units around the parkette and replacing them with 40 linked units on 19.6 metre lots and one single detached unit; • Removing 2 townhouse blocks containing 14 units and replacing them with 10, single detached units on 11.6 metre lots; and • Removing 1 common wall semi-detached unit and replacing it with one (1) 11. 6 metre single detached units. In addition, the applicant is requesting a slightly higher lot coverage to accommodate a new model, which has a single storey connection from the garage to the dwelling for rear lane products only. 3. SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The majority of the subject lands have been prepared for development of Phase 2. The parkette is near completion. The site is relatively flat, gently sloping to the south. A hardwood forest is located to the west and north limits of the draft plan. A portion of the Maple Grove Provincially Significant Wetland abuts the north limit of the lands subject to this application, which are identified as a "Future Development Block". REPORT NO.: PSD-011-13 PAGE 5 3.2 Surrounding Uses North - Forested area and the Maple Grove Provincially Significant Wetland; South - Urban residential (Phase1 —40M 2459) East - Agricultural fields, Brookhill Tributary, one rural residential dwelling, sales office for Brookfield Homes and Jeffery Homes and Clarington Central Secondary School West - Lands associated with Rekker's Garden Centre, and the rear yards of rural residential properties fronting on Maple Grove Road. 4. PROVINCIAL POLICY STATEMENT 4.1 Provincial Policy Statement. 4.1.1 The applications were reviewed in the context of the 2005 Provincial Policy Statement. New development shall occur adjacent to built up areas and shall have compact form, a mix of uses and densities that allow for the efficient use of land, infrastructure and public services. Planning authorities are required to provide for a range of housing types and densities with a ten year supply of lands which are designated and a three year supply of zoned and serviced lands within draft approved and registered plans. New housing is to be directed to locations where infrastructure and public services are or will be available. A full range of housing types and densities shall be provided to meet projected requirements of current and future residents of the regional market area. Healthy active communities should be promoted by planning public streets and spaces that are safe and facilitate pedestrian and non-motorized movement. A full range of publicly accessible built and natural setting for recreation including facilities, parks, open space and trails should also be considered. Infrastructure and public service facilities shall be provided in a coordinated efficient and cost effective manner. Planning for these shall be integrated with planning for growth so that they are available to meet current and projected needs. The use of existing infrastructure and public service facilities should be optimized where feasible before considering developing new infrastructure and public service facilities. The proposed revision to the Draft Approved Plan and proposed Zoning By-law Amendment conform with the PPS. 4.2. The Provincial Growth Plan 4.2.1 The Growth Plan provides a framework for accommodating growth in existing built up areas, through intensification and redevelopment and within greenfield areas. The subject Draft Plan of Subdivision is within a greenfield area. New development in greenfield areas are to be complete communities with access to a mix of jobs, services, housing, school recreation and open space that is easily accessed through various REPORT NO.: PSD-011-13 PAGE 6 modes of transportation. The greenfield area of each upper-tier municipality will be planned to achieve a minimum density target that is not less than 50 residents and jobs combined per hectare. Major growth is to be directed to areas serviced by existing or planned municipal infrastructure, such as water and sewer services. Natural heritage features that complement, link or enhance natural systems shall be identified and protected. The lands are within the Brookhill Neighbourhood, a community planned with a mix of housing opportunities as well as employment and recreation opportunities. The density calculated for this portion of the neighbourhood (west of Green Road) was 28.4 units per gross hectare or 74 people and jobs per hectare. The reduction in the overall units is a marginal decrease 27 units per hectare or 70 people and jobs per hectare. The subject applications are consistent with the principles of the Growth Plan. 5. OFFICIAL PLAN POLICIES 5.1 Durham Regional Official Plan 5.1.1 In consideration of development applications in designated Living Areas, regard shall be had for the intent of this plan to achieve the following: ■ A compact urban form; ■ The use of good urban design principles; ■ A mix of appropriate uses; ■ Linkages for pedestrians and cyclists which link communities internally and externally and to public transit; ■ A grid pattern of arterial and collector roads where necessary to support transit supportive road pattern; ■ A Greenland system that complements and enhances the Urban System; and ■ The balance between energy efficiency and cost. The application conforms to Durham Regional Official Plan policies. 5.2 Clarington Official Plan 5.2.1 In the Clarington Official Plan, the lands are designated "Urban Residential" within the Brookhill Neighbourhood. A Secondary Plan was prepared for the Brookhill Neighbourhood. The draft Plan of Subdivision is consistent with the Principles and Community Structure contained in the Secondary Plan. The neighbourhood is edged by primary road network being Brookhill Boulevard and Green Road and housing is focused around the parkette with access by rear lanes. Low Density Residential housing shall be in the form of single and semi-detached units. Coach houses are permitted in restricted areas. Low density development shall be REPORT NO.: PSD-011-13 PAGE 7 developed on the basis of 30 units per net hectare, consistent with the Official Plan policies. The revised application conforms to the Official Plan policies. 6. ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned "Holding - Urban Residential Exception ((H) R1-79)", "Holding - Urban Residential Exception ((H) R3-37)", "Holding - Urban Residential Exception ((H) R3-38)", "Holding - Urban Residential Exception ((H) R3-39)". A Zoning By-law Amendment will be required in order to implement the amendment to draft plan approval. 7. PUBLIC MEETING AND SUBMISSIONS 7.1 The Public Meeting was held on December 10, 2012. One gentleman who owns property fronting onto Maple Grove Road and backing onto the subject property asked whether chain linked fencing could be installed along the property line to prevent construction garbage from accumulating on his property. These comments will be addressed in Section 10 of this report. 8. AGENCY COMMENTS 8.1 The applications for rezoning and amendment to Draft Plan Approval are relatively minor. The circulation to outside agencies was limited to the Region of Durham only. 8.2 The Region of Durham Planning Department has indicated that the site is within the Brookhill Secondary Plan which is a designated Greenfield area. Area municipalities shall endeavour to develop its Greenfield areas in keeping with the Region's greenfields density target of 50 residents and jobs per hectare as measured over the entire Region. The revised draft plan proposes an overall decrease of 27 dwelling units. The Region does not object to the revised draft plan, however the Municipality should ensure the loss of units is compensated elsewhere in the Secondary Plan area. The Region is requesting that the Environmental Noise Report of February 2010, be updated to reflect the change in unit counts for Phase 2 development. With respect to servicing the Region advises that the applicants will be required to enter into a regional subdivision agreement for Phase 2. REPORT NO.: PSD-011-13 PAGE 8 9. DEPARTMENTAL COMMENTS 9.1 The Clarington Emergency & Fire Services offers no objection provided that the rear laneways comply with all previous indicated concerns i.e.: width, parking, snow storage turning radius, hydrant locations. 9.2 The Clarington Engineering Services Department had requested additional information from the applicant's engineer regarding stormwater runoff which has been received and deemed satisfactory. The consultant has confirmed that the impervious areas will not be increased as a result of the proposed changes. Engineering Services previously expressed concern that the on-site parking may be insufficient, particularly for units around the park where on-street parking is not available immediately in front of the residential dwelling. Staff from the Engineering Services and Planning Services Department have met with the applicant and the two builders to review some parking options. This is discussed further in Section 10 of this report. 10. DISCUSSION 10.1 The amendment to the Draft Approved Plan proposes changes to some of the townhouse and semi-detached units throughout the second phase of this development. The net result is a reduction of 27 residential units. The majority of the changes take place around the parkette. The issues identified earlier have been resolved as follows: • On-Site Parking The Engineering Services Department raised concerns with the lack of on-site parking for the lane-based units. The builders proposed to offer purchasers of lane-based units either a single car garage with one outdoor parking pad or a double car garage with no outdoor parking pad. What becomes problematic is that garages get filled with the home owner's personal items, potentially eliminating a space or spaces for a vehicle to park; homeowners then may park on the public road allowance. As such, the Engineering Services Department insisted that there is at least one outdoor parking space for each unit, regardless if the purchaser chooses a single or double car garage. Staff met with the applicant and the builders to review options. The builders agreed to offer options to the purchasers of lane-based products, either single car garage and one outdoor parking pad or a double car garage and one outdoor parking pad. In addition, the builders will offer to the purchaser, as an option, either a "green turf' surface for the parking pad or a paved parking pad. The "green turf' surface treatment is environmentally friendly product that allows grass to grow through a plastic structure designed to withstand the weight REPORT NO.: PSD-011-13 PAGE 9 of a car. This was also deemed satisfactory by the Engineering Services Department. • Lot Coverage The builders had requested an increase in lot coverage from 50% for only the dwelling and 55% for all building and structures, to simply 55% for all buildings and structures. This would have been to permit a unit with a two car garage on the rear lane to be attached to the dwelling by a single storey hallway. Through discussions with the applicant and builders the models for these units were reduced in size and therefore there is no longer the need to provide 55% lot coverage for all buildings and structures. The rear yard amenity area for the lane based units will be approximately 40 sq. metres. Lane-based single detached units in Phase 1 have a similar rear yard size. The green turf option will provide an enlarged amenity area when not being used for a third vehicle. Attachment 3 shows the site typologies for both one car garages and two car garages. • Chain Link Fencing along West Property Boundary One resident expressed concern about the possibility of construction waste being moved or blown onto his property and requested a chain link fence. The Tree Preservation Plan requires the preservation of trees along the west property boundary. The installation of a chain link fence would require the removal of some trees, which is contrary to the approved Tree Preservation Plan. During the construction period the developer will be responsible for a fencing barrier to control construction debris blowing onto the rear lots of the Maple Grove residents. The applicant has advised staff that he is committed to ensuring that the builders keep the site neat and tidy and that should debris related to the construction activity be found on adjoining properties, it will be removed. Experience to date has shown the builders to be responsible with their sites. If necessary, the Municipality can also take action under the provisions of the Subdivision Agreement. 10.2 The proposed changes do not offend the principles established in the Brookhill Secondary Plan. Staff reviewed the density for the portion of the Brookhill Neighbourhood west of Green Road and determined that based on approved and planned development approximately 70 people and jobs per hectare can still be achieved should this amendment be approved. The parkette, which is near completion, is surrounded by homes and will remain the central focus of the neighbourhood. The variety of lots sizes and unit types being offered is still appropriate for the neighbourhood, particularly with Phase 1 containing townhouses, common-wall semi's, linked and single units. REPORT NO.: PSD-011-13 PAGE 10 10.3 All taxes payable to the Municipality of Clarington have been paid in full. 11. CONCURRENCE — Not Applicable 12. CONCLUSION 12.1 In consideration of the comments received from circulated agencies and area residents, and based on review of the proposal, staff recommends that the proposed amendment to Draft Approved Plan of Subdivision and Zoning By-law Amendment be approved. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Cynthia Strike, Principal Planner Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Changes Attachment 3 - Housing Typologies Attachment 4 - Amendment Conditions of Draft Approval and Draft Plan Attachment 5 - Proposed Zoning By-law Amendment Interested parties to be advised of Council's decision: Tom Albani, West Diamond Properties Inc. and Players Business Park Ltd. R. Cutler, Bousfields Inc. Constantino Bruno John and Lillian Bouma Attachment 1 To Report PSD-011-13 M z °—' m +, 4-J o L E Q. c `E ca a x� � s C Q 'N a m o ® °' ® „. .> o vNi a ai N Q � L a c J< � U) ® .N O sm CV N ~ 4- Em �.+ Q >' L) J O M sy CD 0 E m_ 4- J N 'c an' aNid ' B 3 0 Q CL Q Q a at102i N33b0 4 aE6 48 08 Z Z8 6L £ rn rn rn £8 8L ti8 �' 644 89 69 w 98 LL 9 844 86 L9 09 98 9L L44 66 �- 99 49 � 9L W 004 WLu 99 Z9 5�00 944 404 0 t79 £9 z tb44 Z04 E9 U ELL E04 Z9 6� J Z44 1704 49 co co Z< n Y 444 904 O9 a UN 60< �4,4i CO Q V 7 W V 133�J1S z J O --9�- CJ� U W ° Z m� ma {— to m _! -- - Z --�£-- = I I I I Lu N o I I I I ti 3NVl N I I I I CO J 133b1S MURRAY TABB 72 �: M 'q CO h 00 O N N N Attachment 2 To Report PSD-011-13 GVOb N3MJ0 2� ££Z 886 656 gn Z Z£Z 686 ' I 856 9V6 £ 6£Z 066 ; , -- Lti6 N W6 V 0£Z Z66 L86 0% W 956 8t,6 5 986 696 w 556 6t�6 - a� 586 Z91 056 (0 ti66 w ti86 £96 696 a a) LZZ 566 _ V96 z9l c c 9ZZ 966 5ZZ L66 X65 ~ ~ cfl --w -- tiZZ 866 686 � 69t C:' C' -- o EZZ 666 086 0<t -C -C CO Z r Y E � I I i 6L 6 r cQ L U U l� J a) a) -��0 I Ct y = CO m 8L4 Q (1) U) by l��?�1S o J --W --- D t OOZ L 7 Q �� 60Z CV ttS N 6 Z r- Wile'1�; y O =' U (•, fo O N m n -- ZZZ Z I = OD 6ZZ g ;; s CO z = -z0Z d' a 00 O -F--- '8' £OZ N N N N N Q w ;a -- o - b'3NV'l O CL N � Z _ - G- r tN// � ECO'4 mn o NN N N N N N N N 1 Q V♦ M OJ 1���11S MURRAY TAB L D I I C) Cl) d CO 00 ( r r r r r I I I t Attachment 3 To Report PSD-011-13 G5-.86]00'09, IL N - -- - W Ef a 0 LL o� Q \ d 7i c�i O \ C!] V CD FIFO\ Q 1801 a n- L P a G5-.86]00'09, [.G-.96]00'O£ ® a N E .d da ° E— Q CD o w \ U77 o ° \ LL v a h I- [.9-.96]00'O£ Attachment 4 To Report PSD-011-13 AMENDMENT TO DRAFT APPROVAL S-C-2004-000 (West Diamond and Players Business Park) Date: November 11, 2009 Date of Amendment: February 4, 2013 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved Draft Plan of Subdivision S-C-2004-004 prepared by Bousfields Inc. identified as job number 0147-1-75pd, dated November 10, 2009, as modified on June 7, 2010 and September 27, 2010 as job number 0147-1-79pd, which illustrates 392 residential units consisting of 182 single detached units, 80 semi/link units, 54 semi-detached units, 76 townhouse units, a neighbourhood park block, roads, lands, road widening, 0.3 metre reserves, and a Future Development Block. Attachment 5 To Report PSD-011-13 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2013- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle for ZBA 2012-0017; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of Clarington enacts as follows: By-law 84-63, as amended, is hereby further amended, as follows: 1. Section 12.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE (R1) ZONE" is hereby amended by adding new Special Exceptions as follows: "SECTION 12.4.87 URBAN RESIDENTIAL EXCEPTION (R1-87)ZONE Notwithstanding Sections 3.1g.;j. i), iv); 3.16 i. iv); 3.22; 14.1; 14.2; 14.3 a.; b.; c.; e.; and g.; and h. those lands zoned R1-87 on the Schedules to this By-law shall only be used for linked dwellings having frontage on both a public lane and a public street, subject to the following: a. For the purposes of this Section,the terms: Dwelling, Linked shall mean a building separated vertically into two separate dwelling units, which are horizontally connected at the footing, each of which has an independent entrance directly from the outside of the building and each of which is located on a separate lot. Lane, Public shall mean a street or road under the jurisdiction of the Corporation of the Municipality of Clarington, having a right of way width of 10 metres or less which is maintained so as to allow normal vehicular access to garages and parking spaces,on adjacent properties throughout all seasons of the year. i) Lot Area (minimum) 588 sq. metres ii) Lot frontage(minimum) a) Interior 19.6 metres b) Exterior 22.0 metres b. Yard Requirements(minimum) i) front yard or exterior side Yard 3.0 metres to dwelling; 1.2 metres to the unenclosed porch; on a street abutting a municipal sidewalk 3.6 metres to dwelling; 1.5 metres to the unenclosed porch ii) Interior Side Yard (minimum) 1.2 metres on one side and 0.6 metres on the other side iii) Rear Yard a) dwelling to a public lane 13 metres b) garage to a public lane 1.0 metres c. Special Yard Regulation i) dwelling may be attached to the garage by a single storey enclosure not measuring more than 2.60 metres in width such that the separation between dwelling and garage on the same lot is a minimum of 6 metres. ii) a detached private garage may have a 0.0 metre side yard setback where the detached garage has a common wall with another private garage on an adjacent lot located in the R1-87 zone. iii) bay windows with foundations may project into any required yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 2.4 metres, but in no instance shall the interior side yard be reduced below 0.6 metres. iv) steps may project into the required front or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metre. d. Visibility Triangle (minimum) 5.0 metres e. Lot Coverage (maximum) i) Total for all Buildings and Structures 55 percent ii) Notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable floor space above it, shall be permitted subject to the following: a) in the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 10.0 metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 15.0 metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage f. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre g. No parking space shall be located in any front or exterior side yard." "SECTION 12.4.88 URBAN RESIDENTIAL EXCEPTION (R1-88)ZONE Notwithstanding Sections 3.1g.;j. i), iv); 3.16 i. iv); 3.22; 14.1; 14.2; 14.3 a.; b.; c.; e.; g.; and h. those lands zoned R1-88 on the Schedules to this By-law shall only be used for single detached and linked dwellings, having frontage on both a public lane and a public street, subject to the following: a. For the purpose of this Section,the term: Dwelling, Linked shall mean a building separated vertically into two separate dwelling units, which are horizontally connected at the footing, each of which has an independent entrance directly from the outside of the building and each of which is located on a separate lot. Lane, Public shall mean a street or road under the jurisdiction of the Corporation of the Municipality of Clarington, having a right of way width of 10 metres or less which is maintained so as to allow normal vehicular access to garages and parking spaces on adjacent properties throughout all seasons of the year. Lot Area (minimum) i) Single Detached Dwellings '345 square metres ii) Linked Dwellings 585 square metres b. Lot Frontage Interior(minimum) i) Single Detached Dwelling 11.6 metres ii) Linked Dwellings 19.6 metres c. Lot Frontage Exterior(minimum) i) Single Detached Dwelling 14.5 metres ii) Linked Dwellings 22.2 metres d. Yard Requirements(minimum) i) Front Yard a) Dwelling 1 3 metres b) Garage 1.0 metres ii) Interior Side Yard (minimum) a) Single Detached Dwelling 1.2 metres b) Linked Dwelling 1.2 metres on one side and 0.6 metres on the other side iii) Exterior Side Yard 3.6 metres to dwelling; 1.5 metres to the unenclosed porch iv) Rear Yard 3.0 metres to dwelling; 1.2 metres to the unenclosed porch e. Special Yard Regulation i) dwelling may be attached to the garage by a single storey enclosure not measuring more than 2.650 metres in width such that the separation between dwelling and garage on the same lot is a minimum of 6 metres. ii) a detached private garage may have a 0.0 metre side yard setback where the detached garage has a common wall with another private garage on an adjacent lot located in the R1-88 zone. iii) bay windows with foundations may project into any required yard to a distance of not more than 0.75 metres with the bay window having a maximum width of 2.4 metres, but in no instance shall the interior side yard be reduced below 0.6 metres. iv) steps may project into the required rear or exterior side yard, but in no instance shall the front or exterior side yard be reduced below 1.0 metre. f. Visibility Triangle(minimum) 5.0 metres g. Lot Coverage(maximum) i) total of all buildings and structures 55 percent ii) notwithstanding the above lot coverage provision, a covered and unenclosed porch/balcony having no habitable floor space above it, shall be permitted subject to the following: a) in the case of an interior lot, an unenclosed porch/balcony up to a maximum area of 10.0 metres shall be permitted provided it is located in the front yard of the lot and shall not be calculated as lot coverage. b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum area of 15.0 metres shall be permitted provided it is located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage. h. Height of floor deck of unenclosed porch above finished grade (maximum) 1.0 metre i. Height(maximum) 12.5 metres 2. Schedule 3D and 3G to By-law 84 63 as amended is hereby further amended by changing the zone designation from: • "Holding-Urban Residential Exception ((H)R3-37)Zone"to"Holding Urban Residential Exception ((H) R1-87)Zone"; • "Holding-Urban Residential Exception ((H)133-38)Zone"to"Holding Urban Residential Exception ((H) 131-88)Zone"; and • "Holding-Urban Residential Exception ((H)133-39)Zone"to"Holding-Urban Residential ((H)R1-79)Zone". 3. Schedule'A'attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW passed in open session this day of 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule to t passed this day of A.D. 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