HomeMy WebLinkAboutPSD-070-05
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Cl~mglOn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, June 6, 2005
Report #:
PSD-070-05
File#:
ZBA2004-048 and 18T-96013
;1ep;J: ~P4;JSLf-6S
By-law #~- lOG:.
Subject:
AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION
18T-96013 ZONING BY-LAW AMENDMENT ZBA2004-048 TO PERMIT
THE DEVELOPMENT OF 245 RESIDENTIAL UNITS
APPLICANT: KYLEMORE HOMES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1, THAT Report PSD-070-05 be received;
2. THAT the amendment to Draft Approved Plan of Subdivision 18T-96013, submitted by
Kylemore Homes be APPROVED subject to the conditions contained in Attachment 3;
3. THAT the rezoning application submitted by Kylemore Homes be APPROVED and that the
proposed Zoning By-law contained in Attachment 4 to this Report be passed;
4. THAT the Mayor and Clerk be authorized by By-law, to execute a Subdivision Agreement
between the Owner and the Municipality of Clarington at such time as the agreement has been
finalized to the satisfaction of the Directors of Engineering and Planning Services;
5. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham
Planning Department; and;
6. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by:
Reviewed by:
a. J. Crome, M.C.I.P., R.P.P.
Director of Planning Services
N
anklin Wu,
Chief Administrative Officer
TW/CS/DJC/df
1 June 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-070-05
PAGE 2
1.0 APPLICATION DETAILS
1 .1 Applicant: Kylemore Homes
1.2 Owner: 1138337 Ontario Inc. (The Kaitlin Group Ltd.)
1.3 Amendment to Draft Approved Plan of Subdivision:
From: a total of 574 units consisting of 54 lots for single-detached
dwellings, 105 lots for 210 semi-detached dwellings, blocks for
multiple residential including commercial and a hotel, a 6.6 ha
future use block, a school reserve block, a park block, an open
space, a block for stormwater management, a water plant
expansion block, roads and 0.3 metre reserves.
To: a total of 686 units consisting of 208 lots for single detached
dwellings, 54 lots for 108 semi-detached dwellings, blocks for
multiple residential and mixed uses including commercial and a
hotel, a school reserve block, blocks for a park, two open space
blocks, a block for stormwater management, a water plant
expansion block, and various roads.
1.4 Amendment to the Zoning By-law:
From: "Holding - Urban Residential Exception ((H)R1-39) Zone",
"Holding - Urban Residential Exception ((H)R1-40) Zone", "Holding
- Urban Residential Exception ((H)R2-10) Zone" and "Agricultural
(A) Zone", to appropriate zones to permit the development of single
detached dwellings on lots with 10.9, 13.7 and 16.8 metres
frontages and semi-detached/linked dwellings on lots with 18.0,
23.2 and 26.4 metres frontages with reduced exterior and interior
side yard setbacks.
To: Permit the proposed amendment to the Draft Approved Plan
of Subdivision.
1.5 Site Area:
From: 36.951 hectares (91.308 acres)
To: 39.399 hectares (97.353 acres)
2.0 LOCATION
2.1 The subject lands are located east of Toronto Street and west of Graham Creek, south
of the hydro corridor to Lake Ontario. The lands are further described as Part of Lots 28
to 30, Concession Broken Front in the former Village of Newcastle.
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The lands subject to the amendments are currently vacant.
3.2 Surrounding Uses
North - Hydro One Corridor
South - Lake Ontario
RE'PORT NO.: PSD-070-05
PAGE 3
East
West -
Port of Newcastle Subdivision, Phase I
Region of Durham Wilmot Creek Water Pollution Control Plant and
the Samuel Wilmot Creek Nature Reserve.
4.0 BACKGROUND
4.1 The Region of Durham issued Draft Approval for Plan of Subdivision 18T-96013 on
December 9,1997 for Port of Newcastle Phase II.
4.2 On October 27, 2004 Staff received an application to amend Zoning By-law 84-63 for
the subject lands. The application to amend a portion of Draft Approved Plan of
Subdivision 18T-96013 was received on November 8, 2004. Both applications were
subsequently revised on November 24, and December 3, 2004. The initial application
proposed to revise 113 lots (193 units) to 142 lots (153 units). Lots for 92 single
detached dwellings were proposed on a 6.6 ha Block that was previously identified for
future use. Kaitlin Homes Ltd. intends to develop the lands within the future use block,
while Kylemore Homes plans to develop the remainder of the lots subject to this
application.
4.3 Through the review process the applicant was asked to realign Toronto Street to ensure
that all lands within a 150 metre Minimum Distance Separation buffer to the Region of
Durham Wilmot Creek Water Pollution Control Plant are not used for residential
purposes. Through the revised submission for the Toronto Street realignment the
applicant has also revised the proposal to include 18.0, 23.2, and 26.4 metres semi-
detached/link lots while not increasing the total number of units. The site area has also
increased due to the addition of Block 274 at Staff's request. This block is generally to
be used for marina uses, the club house and public park. The specific land use and
division of this block will be determined through a future Site Plan approval process.
4.4 The following chart illustrates the differences between the December 9, 1997 Draft
Approved Plan of Subdivision, the original submission (December 3, 2004) and the
current proposal. This chart also includes the lots that have been registered under
plans 40M-2220 and 40M-2226.
Fr()ntag"a,lIl.'/pw~mng
Units
10.9 m Sin les
13.7mSin les
13.8 m Sin les
16.8 m Sin les
9.0 m Semi/Link
18.0 m Semi/Link
23.2 m Semi/Link
26.4 m Semi/Link
Draft
A rDv$d
. Original Pr
','December
6
195
6
158
54
Total
Future Use Block ha
Net Residential Area
ha
Net Residential
Densit units/ha
43
98 24
22
112 26
264 316
6.673
8.074 12.770
32.697 24.745
44
24
22
32
30
316
11.567
27.319
REPORT NO.: PSD-070-05
PAGE 4
4.5 The rezoning application was submitted for a portion of the subdivision which included
the lots previously Draft Approved bounded by Milligan Street to the north, Doug Walton
Land to the east, Belsey Lane to the west and Lakebreeze Drive to the south. The
application also includes the former Block 163 (see Attachment 1). The application was
submitted to permit single detached dwellings on wide shallow lots with 10.9, 13,7 and
16.8 metres frontages, and corresponding lot areas.
Three (3) metres exterior side yard setbacks and interior side yard setback similar to
what is permitted for semi-detached/link dwellings (1.2 metres on one side and 0.6
metres on the other) were requested. The remaining zone regulations were requested
to maintain what is currently permitted within the Port of Newcastle.
5.0 OFFICIAL PLAN CONFORMITY
5.1 Durham Reqion Official Plan
The lands are designated as Living Area and Major Open Space - Waterfront within the
Durham Regional Official Plan. Municipal Services symbols are also indicated
representing the existing water treatment and water supply plants. This proposal to
amend the draft-approved plan of subdivision would generally be in conformity with the
policies of the Durham Regional Official Plan.
5.2 Clarinqton Official Plan
In the Clarington Official Plan, the subject lands are designated as Urban Residential,
Local Central Area and Environmental Protection Area. The Urban Residential
designation is also subject to medium density symbols, a neighbourhood park and
public elementary school symbol. The Local Central Area is also designated a Tourism
Node as it relates to the marina. Lastly, the lands designated Environmental Protection
Area, in the vicinity of the marina are designated District Park. The lands are within the
Port of Newcastle Neighbourhood, which has a population allocation of 2800 and a
housing unit target of 1075. Approximately 1000 units of the housing unit target are
available for Port of Newcastle Phases I and II. Phase I was approved for 260 units and
the current proposed amendment to Phase II is for 686 units for a total of 946 units.
The proposed total number of units is consistent with the Port of Newcastle
Neighbourhood Housing Targets.
The applications are deemed to conform with both Official Plans.
6.0 ZONING BY-LAW
6.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned
"Agricultural (A)", "Holding - Urban Residential Exception ((H)R1-39", "Holding - Urban
Residential Exception ((H)R1-40)" and "Holding - Urban Residential Exception ((H)R2-
10)", A zoning by-law amendment is required in order to implement the proposed
amendment to draft approval.
REPORT NO.: PSD-070-05
PAGE 5
7.0 PROVINICAL POLICY STATEMENT
7.1 The proposed amendments to Zoning By-law 84-63 and Draft Approved Plan of
Subdivision 18T-96013 are consistent with the Provincial Policy Statement, issued on
March 1, 2005.
8.0 PUBLIC MEETING AND SUBMISSIONS
8.1 The statutory Public Meeting held on January 10, 2005 Maxine Hoos spoke in
opposition to the proposal and appeared as a delegation at the January 17, 2005
Council Meeting. Her concerns are summarized below:
. Indicated that odours from the Region of Durham Wilmot Creek Water Pollution
Control Plant should be controlled. If this is not possible then purchasers need to be
made aware of those odours.
. Ms. Hoos asked that the application be denied because when she purchased her
home, the developer informed her that a golf course would be erected in the vicinity
of the current application.
8.2 Staff received one call from a resident who inquired about the status of the Golf Course
and Marina upgrades. Staff advised that applications have not been submitted for those
developments. No issues with the proposal were identified.
9.0 AGENCY COMMENTS
9.1 In accordance with departmental procedures, the applications were circulated to obtain
comments from other departments and agencies.
9.2 The Clarington Emergency and Fire Services Division, Clarington Operations Division,
Rogers Cable, Hydro One Networks Inc., Canada Post and CN Rail offered no
comments or objections to the proposal.
9.3 Veridian Corporation, Enbridge Gas, Rogers Cable and Bell offered no objections to the
proposal. Each agency provided standard comments which are addressed in the
Conditions of Draft Approval.
9.4 Peterborough Victoria Northumberland and Clarington Catholic District School Board
requested that adequate provision be made for sidewalks.
9.5 Kawartha Pine Ridge District School Board indicated that students in grades JK to 6
that would reside in this area will attend Newcastle Public School on Glass Court in the
Village of Newcastle, and the students that would be in grades 7 and 8 would attend the
Pines Senior Public School located on Hwy 35/115. Newcastle Public School is now
over capacity and has 2 portables on site. Additional portable classrooms would be
required to accommodate the additional student population.
REPORT NO.: PSD-070-05
PAGE 6
The board requested that internal and external streets be provided with sidewalks.
Information was requested regarding future upgrades to the Mill Street railroad
underpass leading to this subdivision due to the hazard to students walking or on buses
travelling through this area.
9.6 Ganaraska Region Conservation Authority staff advised that they have no objection to
the proposal subject to conditions of approval. The conditions include a requirement for
obtaining GRCA approval for grading; submission of a stormwater management report
outlining the means whereby erosion and siltation will be minimized and contained on
the site; submission of an Environmental Impact Study that assesses the impact of
development on the Wilmot Creek Rivermouth Wetland, and on water quality as it
relates to fish and wildlife habitat; obtaining all necessary Authority permits as required
under GRCA's Fill, Construction and Alteration to Waterways Regulation (Ont. Reg.
148/90, as amended); and, ensuring that erosion and siltation control devices are
maintained in good repair during the construction period.
9.7 The Region of Durham Planning Department advised that conditions of draft approval
for this plan of subdivision address the concerns regarding archaeological resources
and site contamination. The conditions of draft approval which requires the submission
of a Record of Site Condition remains applicable.
Water supply and sanitary sewer services are available. A 600 mm feedermain will be
required on proposed Shipway Avenue from the existing 300 mm watermain on Toronto
Street to the existing 600 mm feedermain on Doug Walton Lane. The alignment of the
existing 750 mm sanitary trunk sewer in this area conflicts with the lotting pattern as
shown on the proposed amendment to draft approval. It will be necessary to relocate
this sewer, either within this development or along the un-open Metcalf Street road
allowance. Should the applicant choose to relocate the sanitary trunk sewer within the
development, then a 20 metre wide easement will be required between proposed Lots
10 and 11, as well as an unobstructed corridor within the proposed road allowances of
the subject draft plan for the future twinning of the trunk sewer. The applicant will be
responsible for all costs associated with the relocation of this sewer.
The Owner will be 100% responsible for relocating the existing 750 mm sanitary trunk
sewer in this area, and shall ensure that any existing sanitary or water services within
the plan which are proposed to be relocated be maintained in full service until such time
as the new services have been completed and approved by the Region of Durham.
The proposed amended plan shows that the residential lots are situated outside of the
150 metre buffer zone, which is required between the open tankage of the Water
Pollution Control Plant and the property lines of each individual residential lot, according
to MOE policy. The proposed lot layout is acceptable to the Region.
9.8 The Clarington Engineering Services Department has reviewed the proposed
applications and is supportive subject to conditions.
The Engineering Services Department is prepared to support the requested 3.0 metre
exterior side yard setback where there are no sidewalks abutting the dwelling, subject to
REPORT NO.: PSD-070-05
PAGE 7
a condition of approval providing the Director of Engineering Services with the
opportunity to increase this setback to what was previously permitted (3.6 metres) in the
event of a grading and drainage concern.
Engineering Services advised that the owner has provided securities for the
construction of the Mill Street Underpass. There are no traffic implications for
development of the proposal to proceed. The applicant will be responsible for
constructing the realignment of Toronto Street to the Municipality's satisfaction.
Reconstruction of Toronto Street from Foster Creek to the south will be a condition of
draft approval.
In addition, prior to the actual construction of any portion of Shipway Avenue the
applicant must demonstrate how an emergency access route will be maintained
between Toronto Street and the existing portion of the overall Port of Newcastle
development during construction.
10.0 STAFF COMMENTS
10.1 Road Infrastructure
The applicant proposes to revise the draft approved plan of subdivision by lotting out a
6.6 ha block of land, previously identified as Future Development block and revising the
mix of units from that previously draft approved. The overall density of the lands will
actually decrease from the previous approval.
10.2 Road Infrastructure
A logical completion of the road network through the lands previously approved as a
future use block is proposed. The proposed extension of Toronto Street is in conformity
with the alignment identified on Map B4 of the Clarington Official Plan. Toronto Street
will jog to the east to accommodate a setback requirement from the Water Pollution
Control Plant (W.P.C.P). Through review and discussions with Staff, the applicant has
revised the Toronto Street alignment to ensure all lands subject to the W.P.C.P 150
metre buffer are on the west side of the east most boundary of the re-aligned Toronto
Street. Previously larger lots were partially within the W.P.C.P. buffer proposed on the
east side of Toronto Street.
The balance of the road pattern is similar to what had been previously Draft Approved.
10.3 Lot Fabric
The Draft Plan of Subdivision approved on December 9, 1997, consisted primarily of
18.0 metres and 23.2 metres semi-detached/link lots, with some 13.8 metres single
detached lots. The December 3,2004 submission proposed 16.8 metres, 13.7 metres
and 10.9 metres single detached dwellings with only eleven (11) lots remaining as semi-
detached/link lots on 18.0 metres frontages similar to those contained in Phase I. The
current proposal has introduced semi-detached link lots which includes 23,2 metre and
REPORT NO.: PSD-070-05
PAGE 8
26.4 metre frontages. This revIsion was to accommodate the Toronto Street
realignment without decreasing the unit yield.
10.4 Side Yard Setbacks
10.4.1 Exterior Side Yard Setbacks
The applicant has requested a reduction in the exterior side yard setback from 3.6
metres to 3.0 metres to the exterior wall of the dwelling. A 1.5 metres setback to a
porch, which is already permitted, is to remain.
After lengthy discussions and review, staff are prepared to support the requested 3.0
metres setback to a dwelling in instances where the exterior side yard is not adjacent to
a municipal sidewalk. In locations where there is a municipal sidewalk, staff proposes
that the existing 3.6 metres setback be maintained. This is recommended to provide
better separation between the private and public realms to protect the privacy of
homeowners in instances where sidewalks are provided. The final location of the
sidewalks will be determined through the review and approval of detailed Engineering
Drawings.
Representatives for Kylemore Homes provided sample corner lot sitings for six (6) of
the nineteen (19) corner lots that they intend to develop. Kaitlin's portion of the
development consists of fifteen (15) corner lots. Given that Engineering Services Staff
were not provided the opportunity to review all corner lot sitings, a condition of approval
has been proposed that would allow the Director of Engineering Services the
opportunity to increase the exterior side yard setback from 3.0 metres to an appropriate
exterior side yard setback up to a 3.6 metres maximum in the event of a grading and
drainage problem.
10.4.2 Interior Side Yard Setbacks
The applicant has requested that the single detached dwellings be permitted to develop
with 1.2 metres and 0.6 metres side yard setbacks. Furthermore, they have indicated a
desire to pair the 1.2 metres and 0.6 metres setbacks on adjacent lots to provide a 1.8
metres separate between dwellings and a uniform appearance from an urban design
perspective. Although the setbacks proposed are similar to those of a link lot, by not
requiring the 0.6 metres setback to be paired with a similar setback on the abutting lot, it
provides for a different streetscape with similar sized lots. Staff support the request.
10.5 Wide/Shallow Lots
The freehold dwelling lots in the Port of Newcastle have been developed as
wide/shallow lots. They were approved on the basis that a more attractive streetscape
could be achieved with wider but shallower lots.
For example, a link lot of 9.0 metres would be widened to 11.6 metres and allow for the
garage to be incorporated into the structure and therefore less prominent. However, the
rear yard setback was reduced to a minimum required 5.0 metres as opposed to the
typical 7.5 metres. Over the past number of years, higher standards have been
REPORT NO.: PSD-070-05
PAGE 9
introduced in the Zoning By-law and Architectural Design Guidelines to reduce the
prominence of garages. At the same time, the Municipality's experience with the
wide/shallow concept has not been positive in many respects.
The zoning regulations for the wide/shallow lots permit a lot coverage of sixty (60)
percent and the rear yard setbacks of 5.0 metres to a dwelling and 2.6 metres to an
uncovered deck. Staff have received numerous complaints from residents in the Phase I
Port of Newcastle development regarding inadequate amenity area in their rear yards.
Concerns have been indicated with regard to the installation of accessory structures
such as swimming pools, decks and sheds.
It should be noted that five (5) minor variance applications have been received for
reductions in rear yard setbacks within the Phase I development. One application was
withdrawn and two were reviewed by the Ontario Municipal Board.
Wide/shallow lots can fill a limited need for a certain housing segment (eg. providing a
more attractive streetscape for a limited number of smaller lots), but should not be
pursued on a subdivision-wide basis.
Staff do not support any further wide/shallow lots in the Port of Newcastle. To address
this concern, the applicant has increased the lot depths to a minimum of 29 metres for
the lots proposed for former Block 163. This provides the opportunity to increase the
rear yard setback to 7.5 metres to a dwelling and 5.1 metres to an uncovered deck.
Although the Lot depths could not be increased for the lots, previously Draft approved,
due to the installation of sanitary sewers on Lakebreeze Drive, the applicant has
provided an increased lot width to attempt to provide purchasers with more total rear
yard amenity area. Staff also propose a graduated rear yard setback that would permit
a setback of 5.0 metres to a maximum of 70 percent of the dwelling width. This
provision will encourage the rear yard articulation provided in the model designs
submitted by Kylemore Homes. It will also provide addition rear yard amenity space.
Kylemore Homes has submitted a lot coverage analysis for the lots they intend to
develop. Data was provided for each model based on the minimum lot sizes. The
largest lot coverage required was 54% for the dwelling. It is therefore appropriate to
amend the lot coverage currently permitted by allowing a total lot coverage of 60% with
a maximum of 55% permitted for the dwelling only. This will ensure that a minimum 5%
lot coverage is available for accessory structures.
10.6 Port of Newcastle Waterfront Plan
10.6.1 Grading of the Bluffs
The applicant has indicated that they would re-grade the bluffs along the Lake Ontario
Shoreline at their cost. This will help the Municipality to provide safe and visible access
to the Lake Ontario shoreline. The fill material generated by the re-grading is to be
placed on the lands subject to this application. An overview of the grading proposal was
provided in Report EGD-14-05 adopted by Council on May 2, 2005. A condition of
REPORT NO,: PSD-070-05
PAGE 10
approval has been included to ensure that the works are done to the satisfaction of the
Director of Engineering Services.
10.7 MarketinQ SiQnaQe
Staff have received complaints regarding the content and location of marketing signage
associated the Port of Newcastle Development. The Kaitlin Group was notified by the
Municipal Law Enforcement Division to remove all signs located on Municipal Road
allowances.
Planning Staff have reviewed the sign permit files and determined that permits have not
been issued for the marketing signs installed within Port of Newcastle Phase I and II
lands. Staff requires that the applicant submit permits for all signs within these
developments to ensure compliance with the Municipality of Clarington Sign By-law 97-
157. Sign locations will also be reviewed to ensure signs are not located within
municipal road allowances.
If signage does not comply with the sign by-law, the applicant may be required to
remove the signs or obtain a Sign By-law amendment to maintain the current signs. A
condition of approval has been included to ensure the applicant receives the
appropriate approvals for signage marketing this development.
11.0 RECOMMENDATIONS
11.1 Prior to scheduling a recommendation report to Committee and Council on a draft plan
of subdivision application, a list of the proposed conditions of draft approval were
submitted to the applicant for their review and concurrence with same. The purpose of
this exercise is to determine if there are any conditions of draft approval that the
applicant does not agree with and that they be identified for further discussion purposes.
The applicant has provided concurrence with the attached Conditions of Draft Approval.
11.2 I n consideration of the comments received from circulated agencies and review of the
proposal, staff recommend:
. Approval of the amendment to Draft Approved Plan of Subdivision 18T-96013, as
contained in Attachment #2, subject to the conditions contained in Attachment
#3; and
. Rezoning the subject lands within the plan of subdivision, as contained in
Attachments #4
REPORT NO.: PSD-070-05
PAGE 11
Attachments:
Attachment 1 - Key Map Amendment to Draft Approved Plan
Attachment 2 - Plan of Subdivision 18T-96013, as redlined
Attachment 3 - Conditions of Draft Approval
Attachment 4 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Steve Wilton
Darius Bharucha
Maxine Hoos
Michael Montgomery
Kelvin Whalen
ATTACHMENT 1
to Re ort P D-070-05
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ATTACHMENT 3
to Report PSD-070-0S
CONDITIONS OF DRAFT APPROVAL
Revised Plan of Subdivision 18T-96013
Part of Lots 28 to 31, Broken Front Concession, Former Village of Newcastle
1. The Conditions of Draft Approval for Plan of Subdivision 18T-96013, approved
November 18, 1997 being numbers 1 to 28, be deleted in their entirety and replaced
with the following conditions.
PLAN IDENTIFICATION
2. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision 18T-96013 prepared by Bousfields Inc. identified as drawing number 9333-
2-84RL, dated September 17, 1997, as revised in red and dated May 10, 2005, which
illustrates a total of 686 units made of up of 208 lots for single detached dwellings, 54
lots for 108 semi-detached dwellings, blocks for 370 multiple residential units and mixed
uses including commercial and a hotel, a school reserve block, blocks for park and open
space, a block for stormwater management, a water plant expansion block, and various
roads.
FINAL PLAN REQUIREMENTS
3. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
4. The Owner shall name road allowances included in this draft plan to the satisfaction of
the Regional Municipality of Durham and the Municipality of Clarington.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
5. The Owner shall submit plans showing the proposed phasing to the Region of Durham
and the Municipality of Clarington for review and approval if this subdivision is to be
developed by more than one registration.
6. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area
municipal approval of the zoning for the land uses shown on the approved draft plan in
accordance with the provisions of the Planning Act.
7. That the Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Engineering Services and the Director of Planning
Services for review and approval. The Landscaping Plan shall reflect the design criteria
of the Municipality as amended from time to time. The Storm Water Management Pond
located within Block 273 is to be included in this plan and the existing walkways located
on the north and west sides of the Block 273 must be accommodated on the Landscape
Plan.
8. The Owner shall submit a detailed tree preservation plan to the satisfaction of the
Municipality of Clarington. No trees shall be removed until such time as this plan has
been approved except as authorized by the Municipality.
9. Prior to entering into a subdivision agreement, the Regional Municipality of Durham
shall be satisfied that adequate water pollution control plant and water supply plant
capacities are available to the proposed subdivision.
REQUIREMENTS TO BE INCLUDED IN SUBDIVSION 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 standard subdivision
agreement, including, but not limited to, the requirements that follow.
11. The Owner shall convey Block 268 to the Municipality of Clarington for park or other
public recreational purposes in accordance with the Planning Act.
12. The Owner shall convey Blocks 269, 270 and 271 to the Municipality of Clarington free
and clear of all encumbrances for Open Space.
13. The Owner acknowledges and agrees that the delineation of the use and ownership of
Block 274 is to be detailed and approved by the Municipality of Clarington through a Site
Plan approval.
14. The Owner acknowledges and agrees to re-grade the bluff to a 2:1 slope along the Lake
Ontario Shoreline as described in Engineer Services report EGD-14-05. The fill material
generated by the re-grading is to be placed on the lands to be developed residentially at
a grade, elevation and manner consistent with the approved conceptual grading plan for
Phase II, and to the satisfaction and approval of the Director of Engineering Services.
15. The Owner shall grant such easements as may be required for utilities, drainage and
servicing purposes to the appropriate authorities.
16. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be
buried underground.
17. The developer is to co-ordinate the preparation of an overall utility distribution plan to
the satisfaction of all effected authorities.
18. The developer shall grade all streets to final elevation prior to the installation of the gas
lines and provide the necessary field survey information required for the installation of
the gas lines, all to the satisfaction of Enbridge Gas Distribution.
19. All of the natural gas distribution system will be installed within the proposed road
allowances therefore easements will not be required.
20. The Owner shall agree, in words satisfactory to Bell Canada, to grant to Bell Canada
any easements that may be required subject to final servicing decisions. In the event of
any conflict with existing Bell Canada facilities or easements, the owner/developer shall
be responsible for the relocation of such facilities or easements.
21. The Owner shall be required to enter into an agreement (Letter of Understanding) with
Bell Canada complying with any underground servicing conditions imposed by the
municipality, and if no such conditions are imposed the owner shall advise the
municipality of the agreement made for such servicing.
22. That the Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria.
23. 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.
24. 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.
25. 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.
26. Prior to final approval, the Owner is required to submit a signed Record of Site Condition
(RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the
Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region,
including an Acknowledgement of Receipt of the RSC by the MOE.
27. That the Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Engineering Services for review and
approval. All plans and drawings must conform to the Municipality's Design Criteria as
amended from time to time.
28. Prior to final approval, the proponent shall engage a qualified professional to carry out to
the satisfaction of the Ministry of Citizenship, Culture and Recreation, an archaeological
assessment of the entire property and mitigate, through preservation or resource
removal and documentation, adverse impacts to any significant archaeological
resources found. No demolition, grading or other soil disturbances shall take place on
the subject property prior to the Ministry of Citizenship, Culture and Recreation
confirming that all archaeological resource concerns have been met including licensing
and resource conversation requirements.
29. That where the Director of Engineering Services is of the opinion that there is a lot
grading and drainage problem on the corner lot, the Owner agrees that retaining walls
shall not be utilized and the following measures will be implemented:
a) architectural treatments to a building on a corner lot to the satisfaction of
the Director of Planning Services and the Director of Engineering
Services; and/or,
b) increase the exterior side yard setback to a building on a corner lot from
3.0 metres to an appropriate exterior side yard setback of up to 3.6 metre
maximum, as determined by the Director of Engineering Services.
30. The Owner shall ensure all driveway entrances do not conflict with adjacent driveway
entrances on abutting lots to the satisfaction of the Director of Engineering Services. In
some cases it may be necessary to reduce the overall width of the driveway to a
minimum standard to eliminate any conflict.
31. The Municipality of Clarington shall be satisfied that all of the internal and external
municipal infrastructure works have been installed, or shall be installed, in the
abutting/adjacent plan of subdivision 18T-91004.
32. The Owner shall provide for the removal of any existing temporary turning circles within
draft plan of subdivision18T-91 004, to the satisfaction of the Municipality of Clarington.
The Owner shall also ensure that the junction of Street "B" and Toronto Street be
realigned to an appropriate geometric configuration with a turning radius which is
sufficient and to the satisfaction of the Municipality of Clarington.
33. The Owner shall ensure that Toronto Street is realigned to an appropriate geometric
configuration (both horizontally and vertically) to the satisfaction of the Director of
Engineering Services.
34. The Owner shall deposit a Performance Guarantee" with the Municipality of Clarington
for the works required by the approval of the Draft Plan of Subdivision Phase II (18T-
96013) in accordance with the Municipality's standard subdivision agreement. The
Performance Guarantee shall be in the amount equal to 100 percent of the works cost
estimate approved by the Director of Engineering Services for the works, including
without limitation the 'Toronto Street Road Reconstruction Works' from Foster Creek to
the limit of the subdivision. The Performance Guarantee for the 'Toronto Street Road
Reconstruction Works' shall be deposited at the registration of the phase containing
Toronto Street.
35. Prior to anyon-site grading or construction or final registration of the plan, the Owner
shall submit and obtain approval from the Municipality of Clarington, and the
Ganaraska Conservation Authority for reports describing the following:
a) a stormwater management report be prepared in accordance with the Port
of Newcastle Stormwater Management Report (1996), and the MOE
stormwater Management Planning and Design Manual (2003);
b) that a report be prepared detailing the means whereby erosion and
siltation will be minimized and contained on the site and both during and
subsequent to the construction period.
c) that an Environmental Impact Study be undertaken to assess the
following:
i) the anticipated impact of development on the Wilmot Creek
Rivermouth Wetland, and the proposed methods intended to
mitigate those impacts.
ii) the anticipated impact of the development on water quality as it
relates to fish and wildlife habitat, once adequate protective
measures have been undertaken.
36. That the Owner obtain all necessary Authority permits as required under GRCA's Fill,
Construction and Alteration to Waterways Regulation (Ont. 148/90 as amended).
37. That the Owner shall agree in the subdivision agreement to carry out or cause to be
carried out the recommendations and measures contained within the reports approved
under condition 36.
38. The Owner agree in the subdivision agreement to maintain all erosion and siltation
control devices in good repair during the construction period in a manner satisfactory to
the Ganaraska Region Conservation Authority.
39. The Owner shall obtain all necessary permits from the Ganaraska Region Conservation
Authority under Ontario Regulation 158, prior to the registration of the plan.
40. The Owner shall submit to Municipality of Clarington, a copy of the permit, issued by the
Ganaraska Conservation Authority regarding proposed alterations to the watercourse
(new spillway, culverts, etc.) for consideration under the Lakes and Rivers Improvement
Act.
41. The Owner shall enter into a written agreement with the Kawartha Pine Ridge District
School Board which provides for the future acquisition of the school site, as shown as
Block 267 on the draft plan, to the satisfaction of the School Board. The agreement
shall, among other matters, provide for the rough grading of Block 267, the provision of
all municipal services to the site, and the installation of a 1.8 metre high chain link fence
on the perimeter of Block 267 where it abuts proposed or existing residential lands and
along the Hodnett Crescent, Stillwell Lane, Shipway Avenue and Street "S" frontages, to
the satisfaction of the Kawartha Pine Ridge District School Board and the Municipality of
Clarington.
42. The Owner shall submit plans indicating existing and proposed grades, drainage and
servicing for approval by the Kawartha Pine Ridge District School Board for all lots,
easements and roads abutting Block 267.
43. The Owner shall provide the Kawartha Pine Ridge District School Board with a report
detailing the soil bearing capacity and composition of soils within Block 267.
44. The Owner agrees to include the following condition in all purchase and sale
agreements:
Notice to Parents
Students from this development may have to attend existing schools. Although a school
site has been reserved within an adjacent plan of subdivision, a school may not be
constructed for some time, if at all, and then only if the School Board authorizes funding
and construction of this required school.
45. That the Owner agrees to post the "Notice to Parents" contained in Condition 44 in all
sales office centres.
46. The Owner agrees to include a notice in all purchase and sale agreements advising
potential purchasers that although a Minimum Distance Separation Buffer is provided
from the Wilmot Creek Water Pollution Control Plant (W.P.C.P.) in accordance with the
Ministry of the Environment Guidelines, odours may be experience in the vicinity of the
W.P.C.P. from time to time. The wording is to be provided in a manner that is
acceptable to the Regional Municipality of Durham and the Director of Planning
Services.
47. The Owner shall provide for the extension of such sanitary sewer and water supply
facilities which are external to, as well as within, the limits of this plan that are required
to service this plan. In addition, the Owner shall provide for the extension of sanitary
sewer and water supply facilities within the limits of the plan which are required to
service other developments external to this subdivision. Such sanitary sewer and water
supply facilities are to be designed and constructed according to the standards and
requirements of the Regional Municipality of Durham. All arrangements, financial and
otherwise, for said extensions are to be made to the satisfaction of the Regional
Municipality of Durham, and are to be completed prior to final approval of this plan.
48. The Owner shall ensure that any existing sanitary or water services within the plan
which are proposed to be relocated be maintained in full service until such time as the
new services have been completed and approved by the Region of Durham. All costs
incurred in relocation or abandonment of these services shall be bome by the Owner.
49. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of
Clarington. This shall include, among other matters, the execution of a subdivision
agreement between the Owner and the Municipality of Clarington concerning the
provision and installation of roads, services, drainage and other local services. This
subdivision agreement shall also address well or private water supply interference and a
phasing plan which details the projected number of building permits available for
issuance based on an amount which is compatible with the traffic capacity of the
existing Mill Street underpass.
50. The Owner shall satisfy all requirements, financial and otherwise, of the Regional
Municipality of Durham. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the provision
and installation of sanitary sewers, water supply, roads and other regional services.
51. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain, among other matters, the following provisions:
a) The Owner agrees to identify the route used to access the marina during
and after the construction period, highlighting any changes or
improvements to the current access route, to the approval of the
Ganaraska Region Conservation Authority.
b) The Owner agrees that no filling, grading or alteration to the water course
shall occur on the property without the prior written approval of the
Conservation Authority.
52. Prior to final approval of this plan for registration, the Director of Planning Services for
the Municipality of Clarington shall be advised in writing by:
a) The Regional Planning Department how Conditions 5, 9, 26, 28, 46, 47,
48 and, 50 have been satisfied;
b) The Ganaraska Region Conservation Authority, how Conditions 35, 36,
37,38,39 and, 40 have been satisfied;
c) The Kawartha Pine Ridge District School Board, how Conditions 42, 42,
43 and, 44 have been satisfied;
d) Enbridge Gas Distribution Inc., how Conditions 18 and 19 have been
satisfied;
e) Bell Canada Right of Way, how Conditions 20 and 21 have been satisfied.
53. The Owner shall obtain Sign permits from the Director of Planning Services in
accordance with the Municipality of Clarington Sign By-law 97-157 for all signage
associated with the marketing of this subdivision.
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three years of the draft approval date,
and no extensions have been granted, draft approval shall lapse and the file shall be
CLOSED. Extensions may be granted provided valid reason is given and is submitted
to the Director of Planning Services for the Municipality of Clarington well in advance of
the lapsing date.
2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft approval
will be reviewed periodically and may be amended at any time prior to final approval.
The Planning Act provides that draft approval, may be withdrawn at any time prior to
final approval.
3. All plans of subdivision must be registered in the Land Titles system within the Regional
Municipality of Durham.
4. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies in order
to facilitate their clearance of conditions for final approval of this plan. The addresses
and telephone numbers of these agencies are:
a) Ganaraska Region Conservation Authority, Box 328, Port Hope ON L1A
3W4 (905) 885-8173.
b) Region of Durham Planning Department, 1615 Dundas Street East, Fourth
Floor, Whitby ON L 1 N 6A3 (905) 728-7731
c) Kawartha Pine Ridge District School Board, P.O. Box 719, 150 O'Carroll
Avenue, Peterborough, ON K9J 7A1 1(877) 741-4577
d) Enbridge Gas Distribution Inc., P.O. Box 650, Scarborough, ON
M1K 5E5
e) Bell Canada Right of Way, Floor 5, 100 Borough Drive, Scarborough, ON
M 1 P 4W2 1-800-748-6284
ATTACHMENT 4
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-
to Report PSD-070-0S
oeing a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
WHEREAS the Councii of the Corporation of the Municipality of Clarington deems it advisable
to amend By-law 84-63, as amended of the former Town of Newcastle to implement zoning
amendment application ZBA2004-048:
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1, Section 12 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE ONE (R1) ZONE"
is hereby amended by adding thereto the following new Special Exception 12.4.61 as
follows:
"SECTION 12.4,61 URBAN RESIDENTIAL EXCEPTION (R1-61) ZONE
Notwithstanding Sections 3.1 (i) i) and (iii) 12.1 and 12.2 a), c), d), f), and h), the lands
zoned R1-61 on those Schedules to this By-law shall only be used for a semi-detached
dwelling subject to the following regulations:
a)
Lot Area (minimum)
i) interior lot
ii) exterior lot
424 square metres
583 square metres
b)
Lot Frontage (minimum)
i) interior lot
ii) exterior lot
18.0 metres
22.0 metres
c)
Yard Requirements (minimum)
i) front yard
1,5 metres to an unenclosed porch
3.6 metres to dwelling
6.0 metres to private garage or carport
ii)
interior side yard
With attached private garage or carport
1,2 metres
Without attached private garage or
carport 3.0 metres
iii) exterior side yard on street side without a municipal sidewalk:
a) 1.5 metres to an unenclosed porch
b) 3.0 metres to dwelling
iv) exterior side yard on street side abutting a municipal sidewalk
a) 1.5 metres to an unenclosed porch
b) 3.5 metres to dwellin9
v)
rear yard
5,0 metres to rear wall of dwelling to a
maximum of 70% of the dwelling width
5.6 metres minimum to the remainder of
the rear wall of dwelling
2.6 metres to uncovered deck
d) Special Yard Regulations
Notwithstanding the provisions of Section 3.1 i) i) bay windows may project into
any yard a distance of not more than 1.0 metres. In addition, notwithstanding the
provisions of Section 3.1 i) i1i), covered porches may project 0,3 metres into any
interior side yard.
e)
Building Height (maximum)
12 metres
f)
Lot Coverage (maximum)
60 percent for all structures
55 percent for the dwelling
g) Height of floor deck of unenclosed porch to finished grade
(maximum) 1.0 metre"
2, Section 12 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE ONE (R1) ZONE"
is hereby amended by adding thereto the following new Special Exception 12.4,62 as
follows:
"SECTION 12.462 URBAN RESIDENTIAL EXCEPTION (R1-62) ZONE
Notwithstanding Sections 3.1 (i) i) & iii),12.1 and 12.2 a), c), d), f) & h), the lands zoned
R 1-62 on those Scheduies to this By-law shall only be used for a semi-detached
dwelling subject to the following regulations:
a)
Lot Area (minimum)
i) interior lot
ii) exterior lot
614 square metres
715 square metres
b)
Lot Frontage (minimum)
i) interior lot
ii) exterior lot
23.2 metres
27.0 metres
c) Yard Requirements (minimum)
i)
front yard
1.5 metres to an unenclosed porch
3,6 metres to dwelling
6,0 metres to private garage or carport
ii)
interior side yard
With attached private garage or carport
1.2 metres
Without attached private garage or
carport 3.0 metres
iii) exterior side yard on street side without a municipal sidewalk:
a) 1.5 metres to an unenclosed porch
b) 3.0 metres to dwelling
iv) exterior side yard on street side abutting a municipal sidewalk
a) 1.5 metres to an unenclosed porch
b) 3.5 metres to dwelling
v)
rear yard
7.5 metres to rear wall of dwelling
5.1 metres to uncovered deck
d) Special Yard Regulations
Notwithstanding the provisions of Section 3,1 i) i) bay windows may project into
any yard a distance of not more than 1,0 metres, In addition, notwithstanding the
provisions of Section 3,1 i) iii), covered porches may project 0.3 metres into any
interior side yard.
e)
f)
Building Height (maximum)
Lot Coverage (maximum)
12 metres
60 percent for all structures
55 percent for the dwelling
g) Height of fioor deck of unenclosed porch to finished grade
(maximum) 1.0 metre"
3. Section 12 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE ONE (R1) ZONE"
is hereby amended by adding thereto the following new Special Exception 12.4.63 as
follows:
'SECTION 12.4.63 URBAN RESIDENTIAL EXCEPTION (R1-63) ZONE
Notwithstanding Sections 3.1(i) i) & iii) 12,1 and 12.2 a), c), d) & f), the lands zoned R1-
63 on those Schedules to this By-law shall only be used for a semi-detached dwelling
subject to the following regulations:
a)
Lot Area (minimum)
i) interior
ii) exterior
765 square metres
832 square metres
b)
Lot Frontage interior (minimum)
i) interior
ii) exterior
26.4 metres
28.7 metres
c)
Yard Requirements (minimum)
i) front yard
1.5 metres to an unenclosed porch
3.6 metres to dwelling
6.0 metres to private garage or carport
ii)
interior side yard
With attached private garage or carport
1.2 metres
Without attached private garage or
carport 3.0 metres
iii) exterior side yard on street side without a municipal sidewalk:
a) 1.5 metres to an unenclosed porch
b) 3.0 metres to dwelling
iv) exterior side yard on street side abutting a municipal sidewalk
a) 1,5 metres to an unenclosed porch
b) 3.5 metres to dwelling
v)
rear yard
7.5 metres to rear wall of dwelling
5.1 metres to uncovered deck
d) Special Yard Regulations
Notwithstanding the provisions of Section 3.1 i) i) bay windows may project into
any yard a distance of not more than 1,0 metres. In addition, notwithstanding the
provisions of Section 3.1 i) iii), covered porches may project 0.3 metres into any
interior side yard,
e)
Building Height (maximum)
12 metres
f)
Lot Coverage (maximum)
60 percent for all structures
55 percent for the dwelling
g) Height of floor deck of unenclosed porch to finished grade
(maximum) 1.0 metre"
4. Section 12 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE ONE (R1) ZONE"
is hereby amended by adding thereto the following new Special Exception 12.4.64 as
follows:
"SECTION 12.4.64 URBAN RESIDENTIAL EXCEPTION (R1-64) ZONE
Notwithstanding Sections 3.1 (i) i)& iii) 12.1 and 12,2 a), b), c), d), f) & h), the lands
zoned R1-64 on those Schedules to this By-law shall only be used for a single detached
dwelling subject to the following regulations:
a)
Lot Area (minimum)
i) interior lot
ii) exterior lot
440 square metres
490 square metres
b)
Lot Frontage (minimum)
i) interior lot
ii) exterior lot
16.8 metres
18.6 metres
c)
Yard Requirements (minimum)
i) front yard
1.5 metres to an unenclosed porch
3.6 metres to dwelling
6,0 metres to private garage or carport
ii)
interior side yard
With attached private garage or carport
1.2 metres on one side and 0,6 metres
on the other side.
Without attached private garage or
carport 3,0 metres on one side and 0.6
metres on the other side,
iii) exterior side yard on street side without a municipal sidewalk:
a) 1.5 metres to an unenclosed porch
b) 3.0 metres to dwelling
iv) exterior side yard on street side abutting a municipal sidewalk
a) 1,5 metres to an unenclosed porch
b) 3.5 metres to dwelling
v)
rear yard
5.0 metres to rear wall of dwelling to a
maximum of 70% of the dwelling width
5.6 metres minimum to the remainder of
the rear wall of dwelling
2.6 metres to uncovered deck
d) Special Yard Regulations
Notwithstanding the provisions of Section 3,1 i) i) bay windows may project into
any yard a distance of not more than 1.0 metres. In addition, notwithstanding the
provisions of Section 3,1 i) iii), covered porches may project 0.3 metres into any
interior side yard.
e)
Building Height (maximum)
12 metres
f)
Lot Coverage (maximum)
60 percent for all structures
55 percent for the dwelling
g) Height of floor deck of unenclosed porch to finished grade
(maximum) 1.0 metre"
5. Section 13 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (R2) ZONE"
is hereby amended by adding thereto the following new Special Exception 13.4.38 as
follows:
"SECTION 13.4,38 URBAN RESIDENTIAL EXCEPTION (R2-38) ZONE
Notwithstanding Sections 3.1(i) i) & ili) 13,1 and 13.2 a), b), d), f) & h), the lands zoned
R2-38 on those Schedules to this By-law shall only be used for a single detached
dwelling be subject to the following regulations:
a)
Lot Area (minimum)
i) interior lot
ii) exterior lot
290 square metres
350 square metres
b)
Lot Frontage (minimum)
i) interior lot
ii) exterior lot
1 O.g metres
13 metres
0) Yard Requirements (minimum)
i)
front yard
1.5 metres to an unenclosed porch
3.6 metres to dwelling
6,0 metres to private garage or carport
ii)
interior side yard
With attached private garage or carport
1.2 metres on one side and 0.6 metres
on the other side,
Without attached private garage or
carport 3.0 metres on one side and 0,6
metres on the other side.
iii) exterior side yard on street side without a municipal sidewalk:
a) 1.5 metres to an unenclosed porch
b) 3.0 metres to dwelling
iv) exterior side yard on street side abutting a municipal sidewalk
a) 1.5 metres to an unenclosed porch
b) 3.5 metres to dwelling
v)
rear yard
5,0 metres to rear wall of dwelling to a
maximum of 70% of the dwelling width
5.6 metres minimum to the remainder of
the rear wall of dweiling
2,6 metres to uncovered deck
d) Special Yard Regulations
Notwithstanding the provisions of Section 3,1 i) i) bay windows may project into any
yard a distance of not more than 1.0 metres. In addition, notwithstanding the provisions
of Section 3,1 i) iii), covered porches may project 0.3 metres into any interior side yard.
e)
f)
Building Height (maximum)
12 metres
Lot Coverage (maximum)
60 percent for all structures
55 percent for the dwelling
g) Height of floor deck of unenclosed porch to finished grade
(maximum) 1.0 metre"
6, Section 13 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (R2) ZONE"
is hereby amended by adding thereto the following new Speciai Exception 13.4.39 as
follows:
"SECTION 13.4.39 URBAN RESiDENTIAL EXCEPTION (R2-39) ZONE
Notwithstanding Sections 3,1 (i) i) and iii), 13.1 and 13.2 a), b), d), f) and h), the lands
zoned R2-39 on those Schedules to this By-law shall only be used for a single detached
dwelling be subject to the following regulations:
a)
Lot Area (minimum)
i) interioriot
ii) exterior lot
360 square metres
410 square metres
b)
Lot Frontage (minimum)
i) interior lot
ii) exterior lot
13.7 metres
15,5 metres
c)
Yard Requirements (minimum)
i) front yard
1,5 metres to an unenclosed porch
3,6 metres to dwelling
6.0 metres to private garage or carport
ii)
interior side yard
With attached private garage or carport
1.2 metres on one side and 0.6 metres
on the other side,
Without attached private garage or
carport 3.0 metres on one side and 0.6
metres on the other side.
iii) exterior side yard on street side without a municipal sidewalk:
a) 1.5 metres to an unenclosed porch
b) 3.0 metres to dwelling
iv) exterior side yard on street side abutting a municipal sidewalk
a) 1.5 metres to an unenclosed porch
b) 3.5 metres to dwelling
v)
rear yard
5.0 metres to rear wall of dwelling to a
70% of the dwelling width
5.6 metres minimum of the remainder of
the rear wall of dwelling
2.6 metres to uncovered deck
d) Special Yard Regulations
Notwithstanding the provisions of Section 3,1 i) i) bay windows may project into
any yard a distance of not more than 1,0 metres. In addition, notwithstanding the
provisions of Section 3.1 i) iii), covered porches may project 0.3 metres into any
interior side yard,
e)
f)
Building Height (maximum)
12 metres
Lot Coverage (maximum)
60 percent for all structures
55 percent for the dwelling
g) Height of floor deck of unenclosed porch to finished grade
(maximum) 1.0 metre"
7, Section 13 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO (R2) ZONE"
is hereby amended by adding thereto the following new Special Exception 13.4.40 as
follows:
"SECTION 13.4.40 URBAN RESIDENTIAL EXCEPTION (R2-40) ZONE
Notwithstanding Sections 3.1 (i) i) and iii). 13.1 and 13.2 a), b), d) f) and h), the lands
zoned R2-40 on those Schedules to this By-law shall only be used for a single detached
dwelling be subject to the following regulations:
a)
Lot Area (minimum)
i) interior lot
ii) exterior lot
360 square metres
410 square metres
b)
Lot Frontage (minimum)
i) interior lot
ii) exterior lot
13.7 metres
15.5 metres
c)
Yard Requirements (minimum)
i) front yard
1.5 metres to an unenclosed porch
3.6 metres to dwelling
6,0 metres to private garage or carport
ii)
interior side yard
With attached private garage or carport
1.2 metres on one side and 0.6 metres
on the other side.
Without attached private garage or
carport 3.0 metres on one side and 0.6
metres on the other side.
iii) exterior side yard on street side without a municipal sidewalk:
a) 1.5 metres to an unenclosed porch
b) 3.0 metres to dwelling
iv) exterior side yard on street side with a municipal sidewalk
a) 1,5 metres to an unenclosed porch
b) 3,5 metres to dwelling
v)
rear yard
7.5 metres to rear wall of dwelling
5.1 metres to uncovered deck
d) Special Yard Regulations
Notwithstanding the provisions of Section 3.1 i) i) bay windows may project into
any yard a distance of not more than 1,0 metres. In addition, notwithstanding the
provisions of Section 3.1 i) Iii), covered porches may project 0.3 metres into any
interior side yard.
e)
Building Height (maximum)
12 metres
f)
Lot Coverage (maximum)
60 percent for all structures
55 percent for the dwelling
g) Height of fioor deck of unenclosed porch to finished grade
(maximum) 1.0 metre"
BY-L.AW read a first time this
day of
2005
BY-LAW read a second time this
day of
2005
BY-L.AW read a third time and finally passed this
day of
2005
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
\ This is Schedule "A" to By-law 2005-
passed this day of ,2005 A.D.
au ZONING CHANGE FROM
'~.~~ .A~TO.R1-62.
ZONING CHANGE FROM
"NTO"R1-63"
ZONING CHANGE FROM
"A" TO "R2-40"
~ ZONING CHANGE FROM
~ "(H)R1-39"TO"R1-64"
w::mm:ru ZONING CHANGE FROM
m;::::::::: "(H)R1 39' TO 'R2 3S'
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_ ZONING CHANGE FROM
,., < ~ "(H)R1-39" TO "R2.39"
ZONING CHANGE FROM
'(H)R1-40' TO 'R1-6"
ZONING CHANGE FROM
"(H)R1-40" TO "R2-39"
ZONING CHANGE FROM
"(H)R2-10"TO "R1-64"
ZONING CHANGE FROM
.(H)R2-10. TO "R2-39"
BLOCK 257
SCHOOL RESERVE
2.400ha
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