HomeMy WebLinkAboutPD-144-89DN: O.P.
TOWN OF NEWCASTLE
REPORT File #!,¢
Res. #
By -Law # - O
MEETING: General Purpose and Administration Committee
DATE: Monday, June 19, 1989
REPORT #: PD- 144 -89 FILE #: OPA 88 -105 /N (DEV 88 -129)
SIiB.ECT: OFFICIAL PLAN AMENDMENT & REZONING /SITE PLAN APPLICATIONS
O.P. MCCARTHY & ASSOCIATES LIMITED
PART LOT 12, CONCESSION 1, FORMER TOWN OF BOWMANVILLE
FILES: OPA 88 -105 /N (DEV 88 -129)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 144 -89 be received;
2. THAT the application to amend the Town of Newcastle Official Plan (Bowmanville
Major Urban Area) submitted by O.P. McCarthy & Associates to permit the
development of 1400 square metres of commercial floor space be APPROVED;
3. THAT the proposed Zoning By -law Amendment to the Town of Newcastle Comprehensive
Zoning By -law 84 -63, as amended, be approved and the necessary by -law amendment
forwarded to Council, and that the removal of the "Holding (H)" symbol be
deferred pending execution of the Site Plan Amendment;
4. THAT a copy of Report PD- 144 -89 be forwarded to the Region of Durham; and
5. THAT the interested parties attached hereto be informed of Council's decision.
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REPORT NO.: PD-144-89 PACE 2
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1.1 In November, 1988, the Town of Newcastle Planning and Development
Department received an application to amend the Town of Newcastle
Comprehensive Zoning By-lw 84-63, as amended, as well as to enter into
a Site Plan Agreement. The proposed application submitted by O.P.
McCarthy & Associates proposes a 150 unit Senior Citizens condominium
apartment plus 1400 square metres of commercial floor space (700 retail
and 700 office commercial). The applicant has also submitted an
Official Plan Ammendment Application, the purpose of which is to allow
the proposed commercial use.
2. LOCATION:
2.1 The property in question is a 1.05 ha irregular shaped parcel of land
and is generally bounded by Church Street, Scugog Street and Wellington
Street and extends to half way of the block to Silver Street. Current
land uses of the proposed lands include existing storage shed, a used
car dealership and residences. Adjacent land uses include residential
on all sides, in addition there is existing retail commercial and
professional offices to the south and a church to the east.
3. PLAN REVISIONS:
3.1 The applicant has had meetings with Staff since the Public Meeting
March 6, 1989, in order to revise the proposal and alleviate as many
concerns as possible. The revised plan, now before Committee and
Council, has relocated the entrance to the underground parking, it is
now proposed to be accessed via the main entrance to the proposal. The
main entrance to the proposal has been altered creating a greater
separation between the two (2) access points. The commercial parking
lot previously proposed for the corner of Scugog Street and Church
Street has been deleted. The number of parking spaces serving the
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REPORT NO.: PD-144-89
PAGE 3
commercial component in the proposed parking lot at the east end of the
subject site has been halved to 18 stalls for customer parking. The
balance of the commercial parking space requirements (retail and office
employees) would be accommodated in the underground parking lot (29
spaces). The underground parking lot has also been revised to have a two
tier security system, one to get in to the underground and a second
security to separate the residential parking from the commercial parking.
An underground walkway and stairway has also been designed to allow a
separate access to the commercial parking. The total residential parking
provided is 179 spaces, 156 of which are underground. The commercial
component of the proposal has been shifted to the west, with the most
easterly limit of the commercial structure now in line with the
residential building. This revision allows for a service lane for the
commercial component to be located at the eastern limit of the
commercial building.
4.1 MEETING WITH RESIDENTS:
Subsequent to the revisions having been completed and prior to the
writing of this report, an 'Open House' ® resident's information meeting
was held. The meeting allowed residents an opportunity to review all
the revisions which have taken place, and discuss outstanding concerns
with the applicant. Staff were also in attendance to chair the meeting
and answer any technical questions regarding zoning or official Plan
designation.
4.2 The residents were appreciative of the design changes which were made to
reduce impacts on their residential properties. However, strong
concerns were nevertheless expressed towards the proposed height and
density of the residential component. The residents would prefer to see
the building at three (3) stories instead of five (5). They were also
concerned that the development would create traffic and safety problems.
The other main concern raised was with regard to possible tenants.
Although the applicant has identified the proposal as a senior's housing
complex, the neighbouring residents want some guarantee that it won't
change to an apartment or condominium accessible to any age group or
family size.
574 ...4
REPORT NO.: PD-144-89 PAGE 4
5.1 Within the Durham Regional Official Plan the subject area is designated
"Main Central Area". These areas shall provide a full integrated array
of shopping, personal and business services, office, institutional,
community, recreational and residential uses. Residential uses are
permitted in the Main Central Area in conjunction with commercial
development up to the allowable floor space index of 2.50. The
proposal has an index of approximately 1.50, therefore, appears to be
in compliance. Notwithstanding the above, the maximum floor space index
is not binding on Council, which must also be satisfied that the
proposed density is in harmony with the existing and future development
in the Bowmanville Central Area.
5.2 The lands are presently designated "Main Central Area" in the Town of
Newcastle official Plan and are further defined in Schedule 7-2 as
Medium and High Density Residential. The Main Central Area policies in
the Town's official Plan are similar to the provisions in the Durham
Plan. The "Medium and High Density" designation permits residential
uses exceeding a density of 30 units per net residential hectare.
The plan does not provide for any upset limit which will be governed
by the floor space index as per the Regional official Plan.
The commercial component is not a permitted use within the "Medium and
High Density Residential" designation, and therefore that part of the
application is subject to the Official Plan Amendment.
6. ZONING BY-LAW CONFORMITY
6.1 The present zoning of the lands is "Urban Residential Type Four -
Holding (H (R4))" and "Urban Residential Exception (R1 -12)". The
IIR1-1211 zone permits single family dwellings, semi-detached dwellings,
duplexes and converted dwellings. This latter zone category affects
...5
the southern half of the block between Wellington Street and Church
Street (see Schedule 3). The north half of the subject site is within
the (B (B4)) zone. This zone category upon removal of the Holding (B)
prefix would eIIon the development of an apartment building to a
density of OO units per hectare with 7.5 metres (24.6 feet) yard
setbacks, with a lot coverage of 40 percent and a maximum building
height of 12 metres (]9.37 feet).
6.2 The building height may be increased however, in excess of 12 metres,
provided that the applicable yard requirements of 7.5 metres be
increased in direct proportion to the increase in building height above
12 metres.
6.3 Staff would note for Committee's consideration, that by comparison, all of
the subject lands were presently zoned 'D41, the proposed five (5) level,
approximately 14.3 metres (46.9 feet) high building could be constructed
to comply with the Zoning By-law provisions. However, the yard setbacks
would have to increase Dorportionately to the height above 12 m and a
maximum of 84 units could be built with a 40 percent lot coverage.
7.
COMMENTS
7.1 Staff undertook a joint circulation of the Official Plan Amendment and
Rezoning/Site Plan applications. All agencies have now had opportunity
to provide written comments. Of the comments received only the
Newcastle Hydro and the two (2) School Boards had no objection or
7.3 The Town of Newcastle Fire Department Staff noted a concern with the
proposal as it represents o population increase of approximately 300
persons. Given all the development that is taking place in the area,
it may be difficult to maintain the level of service. The Community
Services Department Staff comments highlighted the fact that the core
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REPORT 00.: PD-144-89 PAGE 6
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area of Bo"mnaoviIIe is nnderoezvioed in parkland and this high density
development if approved would intensify the shortage. However, it is
not practical to have one developer nmbe up the shortages. To that
end, the Community Services Department requests a 3 percent
cash-in-lieu of parkland dedication for the commercial component and a
cash-in-lieu of parkland dedication equivalent to the value of 0.6
nnzeo parkland for the residential component (150 apartment units)
based on two (2) acres per one tbooanod persons and two (3) persons per
unit.
Community Services Staff notes that discussions with the applicant with
regard to parkland contributions have included the possibility of
contributing space within the building for Community Services use. The
actual amount of space and reduction of monies will be finalized
through Site pIau Agreement.
7.3 The 7onvu of Newcastle PobIbz V0ocko Department Staff noted no objection
to the principle of development. However, they will require detailed
engineering prior to providing comments for Site Plan Approval. Upon
reviewing the revisions to the proposal and the traffic report
submitted for supporting documentation, Works Staff will provide
further comment prior to Site PImu Approval. Other comments noted the
applicant will be responsible for lOO percent of any works on
Wellington, [hmcob and 3cUgog Streets which are necessitated as a result
of this development. The applicant would also be required to contribute
to the reconstruction of Wellington Street. Works Staff noted the
applicant is responsible for all on site servicing, which will include
ensuring storm water at the bottom level ofthe parking garage can be
removed from the site.
7.4 The Staff at the Central Lake Ontario Conservation Authority had no
objection in principle to the proposal. Their ownmneuba noted the site
is subject to Ontario Regulation 161/80" consequently, permits must be
obtained prior to any filling or grading on these lands. They further
stated that additional information regarding elevations and major storm
overland flows through the site is required prior to comments on the
Site Plan being provided.
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REPORT ND.: DD-I44-89 PAGE 7
______________________________________________________________________________
7.5 The Regional Public Wncho Department Staff noted that sanitary sewage
capacity to service the proposed development can he provided no an
intermm basis by overoimiog the sanitary sewer on Ontario Street, oVotb
of Ooaeu Street. The ovezuiziug is being accommodated in the Ontario
Street reconstruction which the Town is undertaking in 1989. The
estimated oVot of the oversizing is $50'000, the developer will be
required to pay for 50 percent of the actual cost of oversizing the
Ontario Street sanitary sewer prior to approval of this sewer
connection. This department, therefore has no objection to the
processing of the zoning By-law Amendment and Official Plan Amendment.
7.6 Staff note that Bovonaoville B.I.A., through the Chairman, George
Webster, wrote a letter to the Town in support of the proposal. They
noted that such a development will serve both the aeoloc citizens who
will have ready access to nearby shopping facilities, and the
8ovmauville 800ineoa Improvement Area. In addition, they note the
proposed commercial floor space will help further expand the commercial
nature of the core area.
B. STAFF COMMENTS
8.1 As noted earlier in the report, the application for Official Plan
Amendment deals exclusively with the commercial aspect of the proposal.
In both official Plana the subject site is within the "Main Central
Area" designation, and tboa being further defined as Medium-High density
Residential in the Town's Plan. Both DIaoa note there should be a full
integrated array of Commercial, institutional, community and residential
uses within said designation. The Town's Plan further notes that
Council abaII encourage the development and redevelopment of the Maio
Central Area in accordance with this provision.
8.2 Staff notes the T)voz"a official Plan "Residential" provisions state
that High Density development shall be located within the Main Central
Area and shall be encouraged to locate on sites where there is a
transition of Medium Density residential oaea between High Density and
Lon Density residential areas.
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REPORT K0.: PD-I44-89 PAGE 8
8.3.1 The Medium and High Density policies require developments to maintain a
minimum density of 30 units per net hectare. The maximum density is
dependant upon plant and infrastructure capacities and population
targets as established in Schedule 7-I, in this case 3,000 people for
the 'Main Central Area I. Regional Works has advised that sewerage
capacities are available for the proposal. The estimated population of
300 equals 10% of the population target and would not appear to
adversely impact this target given existing development.
8.3.2 The density issue and the height of the building remain the two biggest
concerns of neighbouring residents. To assist in examining the
differences between that which is permitted under current zoning and the
proposal as presently before Committee/Counoil, Staff have prepared the
Applicants following chart:
Height 5 storey (I4.3 m)
Density (units/net ha) 150 units
Parking
Setbacks
179 oDaneo
9. Om min.
B4 zone Provisions
12 m (may increase with increased
setbacks)
84 units max (80 units/net ha.)
75 aDaoeo
7.5 m for 12 m height, or
8.9 m for 14.3 m (proposed)
8.3.3 In reviewing the nboct, it is possible to note that the proposed height
of the building may be permitted in the IR41 zoning if the setbacks are
increased appropriately. The applicant has agreed to increase the
setbacks to a 9.Om minimum setback in all but one location. This
setback would comply with the requirement under the zoning provision for
a 14.3m high building. &Itboogb the density of the proposal is well
above the permitted, at I50 units as compared to 84 units, it should be
noted that the 150 units are for seniors as opposed to open market.
The number of occupants therefore, would most likely zemob a maximum of
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REPORT 00.:pD-]44-8g PAGE 9
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300 people (based on two (2) persons per unit). Whereas, if the
building has no restrictions on family make up, the 84 units would
house approximately 252 people (based on three (3) persons per unit).
The above comparison illustrates a potential difference of less than 50
people or 16 units per hectare.
8.4 COMPARATIVE DEVELOPMENTS:
8.4.1 There have been a number of other higher density proposals approved and
developed *dtbiu the BovmnauvilIe area. Many of these have Residential
Special Exception zoning; the zoning being site oDeoifbz to the
8.4.2 The first example is in Part Lot II, Concession l, BovmnauvilIe (108
Liberty Street). The zoning in place is B4-I which permits a maximum of
56 units no a 0.6 ha Darnel' thereby having a density of 93 units per
net residential ha. The parking provision is 0.25 spaces per dwelling
unit with no exception made to the height provision.
8.4.3 The next example is in Part Lot lO, Concession I, Bnvxnauville (145
Liberty Street). The site is zoned `B4-41 also a site specific zoning.
The vR4-4' permits n maximum of 121 units on a lot area of 1.0 ha,
thereby having a density of I21 units per net residential hectare. The
maximum height of the building is 30 m with yard setbacks as little as
6.0 m and a lot coverage maximum of 20 percent. The parking
requirement is also capped at 1.3 spaces per unit.
8.4.4 The third BovanauvilIe example of a high density development is in Part
Lot 12, Concession l, Bov*nauviIle (I44 Queen Street). The site is zoned
a site specific 'D4-6o. This category permits a maximum density of 140
units per ha, the smallest yard setback being 9.0 m and the building
height being a maximum of 20 m.
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REPORT 0O.:PD-144-89
---------------------------------
Density
(unit per net ha)
Actual # of units
Height
Parking Spaces
per unit
ffim
R4-4 R4-6
93 units 121 units
56 121
N/�\ 20 metres
0.25 spaces 1.3 spaces
140 units
33
20 metres
PAGE IO
153 units
150 max.
14.3 metres
1.2 spaces
8.5 & review of the above examples and summary chart would indicate that there
are higher buildings in Bovmnauviller as moob as two (2) storeys higher.
The density however is comparable to previously approved developments.
The setbacks no proposed are relatively equal to the existing developments
and would appear to comply with the R4 zone requirements. Therefore, the
only area of the proposal which will be at level higher than previously
approved is the actual number of units.
8.6 In comparing the proposed building to neighbouring buildings it will
tend to dwarf most adjacent structures doe to its height and mass. The
applicant maintains however, that due to ground eIeVatlmua the proposed
building will be only one (l) metre higher than the larger residences
on the north side of Wellington Street.
8.7 SITE PLAN AGREEMENT:
8.7^1 Should the applications for Official Plan Amendment and Rezoning be
approved, Staff would require the applicant to enter into Site Plan
Agreement. Site Plan Agreement would include landscaping, building
height and design, servicing, drainage and grading, use of building in
both the commercial and residential components, lot levies, parkland
contributions and road contributions.
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PAGE 11
8.8 The final area of concern for Planning Staff remains the question of
protection that the building be used by families other than oeoinca.
Should this bethe case the parking requirements would generally bemuch
higher than presently proposed. The applicant has reassured Staff that
the building will be developed as a condominium, with the condominium
oVcgmzatino having first right of refusal on all unit resales. This
procedure would maintain the senior's identity of the building. Council
ebooId be 'aware that the municipality cannot regulate or specify the type
of tenants.
8.9 The applicant has noted that the bedroom unit count will be determined by
market forces. However, be has assured Staff that the only units
available will be one bedroom, one bedroom plus den' two bedroom and two
bedroom plus den. The type of units available and the maximum number of
each type will be calculated by Staff and become part of the Site Plan
D@zeeoxsot. The applicant has also noted that the group has a list of 250
names expressing interest in the project.
8.10 Staff have reviewed the 'Traffic Study' and 'Noise Attenuation' submitted
as supporting documentation for the proposal and have generally no
problems with these reports. However, doe to design changes in the
proposal, Staff feel that the traffic study should also be updated to
reflect these revisions. The 'Noise Attenuation' study ebooId be updated
and provide further comments on building design constraints.
8.11 The need for the project in terms of a senior's housing complex has not
been addressed through supporting documentation, other than the
applicant's claim to a 350 name list of people expressing interest in
the project. Ministry of Revenue statistics for August of 1988,
indicated that 15% of the Town's population is presently over Gl' with
another 9.25% between the 51 to 61 age category. It is a well known fact
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REPORT NO.® PD-144-89
ME=
that we are presently facing an aging population. Therefore, the market
demand and unit price probably will determine the need for this level of
housing in Bowmanville.
9. CONCLUSION AND RECOMMENTATION
9.1 Approval of the Official Plan Amendment would redesignate the subject
lands to allow the development of 1400 sq. m of commercial floor space.
700 sq. m as retail commercial and the balance as office commercial.
Staff note there have been no objections to this aspect of the proposal,
and it would appear to be in keeping with the policies of the 'Main
Central Area'.
9.2 The residential component of the application requires a site specific
rezoning in order to be permitted to develop. In reviewing the
application Staff have found it to be at a density similar to other
developments in Bowmanville, but not as high a structure. The proposal
is for up to 150 Senior Citizen Units.
9.3 Staff recommend approval of the official Plan amendment application to
allow development of 1400 sq. m of commercial floor space. Staff further
recommend approval of the Zoning By-law Amendment application to allow
the development of a maximum of 150 residential units with 140 sq. metres
of commercial floor space. The amending zoning by-law would provide for
the appropriate zone categories to implement the proposed Site Plan.
Staff note that the removal of the 'Holding (H)' prefix will require
Council approval, at such time as the Site Plan is approved and an
agreement has been registered. A rezoning application will not be
required in order to finalize the zoning at such time.
Respectfully submitted, Recommended for presentation
to the CoTmmittee
---- ---
Franklin C I.P.
Franklin
of Planning & Development
f11'1*MrJ*cc
%r' J: VV
*Attach.
Mav 30, 1989
F_ 0 0 J 7
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Lawrence
E
. Ko_t_s_eff
Chief Administrative --- Officer
-
REPORT NO. : PD- 144-89
O.P. McCarthy and Associates
Mrs. Lucia O'Neill
11 Church Street
131 Wellington Street
Suite 404
BOWMANVILLE, Ontario
TORONTO, Ontario
LIC 1W2
M5E 1M2
Mr. D. KoOgias
Mr. John Rice
135 Wellington Street
65 Concession St.W.
BOWMANVILLE, Ontario
BOWMANVILLE, Ontario
LIC 1W2
LlC 1Y7
Mrs. Joan Fruin
Mr. Ed Finlan
R.R. #4
Chairman of Concerned Citizens
BOWMANVILLE, Ontario
136 Wellington Street
LlC 3K5
BOWMANVILLE, Ontario
LlC 1W1
Rev. Ed Schamerhorn
190 Church Street
Pearl & Frank Bell
BOWMANVILLE, Ontario
103 Wellington Street
LlC 1T8
BOWMANVILLE, Ontario
LlC 1V8
Rev. Frank Lockhart
Minister of Trinity Church
Mr. John Payne
7 Barley Mills Crescent
5 Rehder Avenue
BOWMANVILLE, Ontario
BOWMANVILLE, Ontario
Ll
LlC lZ9
Mr. Ralph White
Rick & Shelagh Konopka
100 Liberty Street North
37-39 Scugog Street
BOWMANVILLE, Ontario
BOWMANVILLE, Ontario
LlC 2M1
LIC 3H8
Mrs. Joan Gibbs
John & Carolyn Sproatt
5 Sunicrest Court
35 Scugog Street
BOWMANVILLE, Ontario
BOWMANVILLE, Ontario
LIC 3V3
LlC 3H8
Mrs. Joan Mann
Mike & Sharon Trudeau
R.R. #5
45 Scugog Street
BOWMANVILLE, Ontario
BOWMANVILLE, Ontario
LlC 3K6
LlC 3H8
Mr. Lloyd Woods
Patricia Cowle
Box 722
198 Church Street
R.R. #1
BOWMANVILLE, Ontario
NEWCASTLE, Ontario
LlC 1T8
LOA 1H0
Mr. George Webster
Chairman
Board of Management
Bowmanville Business Centre
P.O. Box 365
BOWMANVILLE, Ontario
LlC 3L1
PROPOSED AMENDMENT TO THE TOWN OF NEWCASTLE OFFICIAL PLAN
BOWMANVILLE MAJOR URBAN AREA
PURPOSE: The purpose of this Amendment is to permit the development of 1400
square metres of commercial floor space on the north side of Church
Street, east of Scugog Street and south of Wellington Street in Part
Lot 12, Concession 1, Bowmanville.
BASIS: The amendment is based upon an application for a mixed use 150 unit
senior's building and 1400 square metres of commercial floor space,
700 square metres retail commercial and 700 square metres office
commercial in Part Lot 12, Concession 1, Bowmanville.
ACTUAL AMENDMENT: The Town of Newcastle Official Plan (Bowmanville Major
Urban Area) is hereby amended as follows:
1. By expanding the "Commercial" designation of Schedule
7-2. Schedule "B" attached hereto shall form part of
this Amendment.
IMPLEMENTATION: The provisions set forth in the Town of Newcastle Official
Plan (Bowmanville Major Urban Area) with respect to
implementation, shall apply to this Amendment.
INTERPRETATION: The provisions set forth in the Town of Newcastle Official
Plan (Bowmanville Major Urban Area), as amended, regarding
the implementation of the Plan shall apply in regard to this
Amendment.
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PRESENT ZONING
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DN: EP /HR1
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 89-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law of
the Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems it
advisable to amend By -law 84 -63, as amended, of the Corporation of the Town
of Newcastle,
AND WHEREAS said by -law shall be passed pursuant to Section 24 (2) of the
Planning Act, whereby it would not come into effect until such time the
appropriate Official Plan Amendment has received the necessary approvals;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
1. Section 15.4 Special Exception - Urban Residential Type Four (R4) zone
is hereby amended by adding thereto the following new Special Exception 15.4.8
as follows:
"15.4.8 URBAN RESIDENTIAL EXCEPTION (R4 -8) ZONE
Notwithstanding Section 15.1 and 15.2 those lands zoned 'R4 -8' on the
Schedules to this by -law may also be used in accordance with the
following zone regulations:
(i) Residential Uses
i) an apartment building
(for the purposes of this provision an apartment building
shall be defined as within Section 2 of By -law 84 -63 and
contain one (1) and two (2) bedroom dwelling units.)
(ii) Non - Residential Uses
i) Bank or financial establishment, business, professional or
administration office.
ii) Retail commercial establishment
iii) Service shop, personal
(iii) Regulations for Residential Uses
a) Density (maximum) 150 units per ha
b) Yard Requirements (minimum)
(i) front yard 9.0 m
(ii) interior side yard 9.0 m on one side,
and 4.5 m on the other
(iii) rear yard 9.0 m
c) Building Height (maximum) 14.3 m
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589
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(iv) Regulations for Commercial Uses
a) Yard Requirements (minimum)
(i) front yard nil
(ii) interior side yard 8 m
(iii) exterior side yard 6 m
b) Height (maximum) 6.5 m
C) Total Floor Area (maximum) 1400 m2
2. Schedule 113" to By -law 84 -63, as amended, is hereby further amended by
changing the zone designation from "Urban Residential Exception (R1 -12)" and
"Urban Residential Type Four - Holding ((H) R4)" to "Urban Residential
Exception (R4 -8)" zone as shown on the attached Schedule "A ".
3. Schedule "A" attached hereto shall form part of this By -law.
4. This By -law shall come into effect on the date of passing hereof,
subject to the provisions of Section 34 of the Planning Act.
BY -LAW read a first time this day of
BY -LAW read a second time this day of
BY -LAW read a third time and finally passed this
1988.
1989
1989
day of
MAYOR
CLERK
•i
This is Schedule A to • •
passed this day of—, 1989 A.D..
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