The URL can be used to link to this page

Home My WebLink About2014-015 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2014—o15 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2012-0007; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 15.4 SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE FOUR (R4) ZONE" is hereby amended by adding a new Sub-section 15.4.35 as follows: 15.4.35 URBAN RESIDENTIAL EXCEPTION (R4-35) ZONE Notwithstanding Sections 3.10, 3.13 c., 3.16 e.,15.1 a.,15.2 a., 15.2 c., d. i), g., h. and i. those lands zoned R4-35 on the Schedules to this By-law shall be used subject to the following zone regulations: a. Definitions i) Long Term Care Facility: Shall mean a facility regulated through the Ministry of Health and Long Term Care, or any successor, that provides accommodation for people requiring a broad range of 24 hour health care, personal care and support care within a supervised and secured setting and where common facilities for the preparation and consumption of food are provided and common lounges, recreation rooms, medical care facilities and personal services, may also be provided. ii) Retirement Home: Shall mean a residential building premise that provides accommodation in suites primarily for retired persons or couples. Such suites shall not have a stove or range and have separate entrances from a common hall but where common facilities for the preparation and consumption of food are provided, and where common lounges, recreation rooms and medical care facilities may also be provided. iii) Underground Parking Structure: Shall mean a part of a building which is provided and maintained for the purpose of parking vehicles related to the permitted use of the building, which is generally located below finished grade and may include parking spaces, parking aisles and access ramps. b. Permitted Uses i) Apartment Building ii) Retirement Home iii) Long Term Care Facility c. Regulations i) Density (maximum) 200 units/suites per net ha ii) Yard Requirements a) Front Yard 3.5 metres minimum 6.5 metres maximum b) Interior Side Yard 10 metre minimum c) Exterior Side Yard (within 30 metres or less of the front lot line) 5 metre minimum 7 metre maximum d) Exterior Side Yard (greater than 30 metres of the front lot line) 45 metres minimum e) Setback to R4-36 zone 0 metres f) Underground Parking Space Structure 1.0 metre to any property line or 3.0 metres to any EP zone boundary iii) Building Height (maximum) 5 storeys iv) An operating pedestrian entrance to the building will be located in the north facing building facade on Queen Street. v) No outdoor amenity area shall be permitted in the required rear or exterior side yard. vi) Dwelling Unit Area (minimum) a) Bachelor Dwelling Unit 33 square metres vii) Parking for uses permitted in the R4-35 zone may be provided on lands zoned R4-36. viii) One loading space shall be provided with a minimum size of 11 metres by 4 metres. ix) Any communication equipment other than an antenna must be contained within the building or mechanical penthouse. d. The Holding symbol shall only be removed from the Urban Residential Exception (R4-35) Zone when the following provisions are met: i) A clearance letter has been received to the satisfaction of the Region of Durham from the Ministry of the Environment for Record of Site Condition for a Phase 1 and Phase 2 Environmental Site Assessment; and ii) A site plan agreement is executed with the Municipality. 2. Section 15.4 SPECIAL EXCPEPTIONS — URBAN RESIDENTIAL TYPE FOUR (R4) ZONE" is herby amended by adding a new Sub-section 15.4.36 as follows: "15.4.35 URBAN RESIDENTIAL EXCEPTION (R4-36) ZONE Notwithstanding Sections 3.10, 3.13 c., 3.16 e.,15.1 a.,15.2 a., c. i), iii),and iv), d. i), g., h. and i., those lands zoned R4-36 on the Schedules to this By-law shall be used for subject to the following zone regulations: a. Definitions i) The definitions of Long Term Care Facility, Retirement Home and Underground Parking Structure in the Urban Residential Exception (R4-35) Zone apply. b. Permitted Uses i) Apartment Building ii) Retirement Home iii) Long Term Care Facility c. Regulations i) Density (maximum) 185 units/suites per net ha ii) Yard Setbacks (minimum) a) East Lot Line 29 metres b) South lot line 31 metres c) To R4-35 zone 0 metres iii) Dwelling Unit Area (minimum) a) Bachelor Dwelling Unit 33 square metres iv) Building Height (maximum) 9 storeys v) Underground Parking Structure .0 metre to any property line or 3.0 metres to any EP zone boundary vi) Parking for uses permitted in the R4-36 zone may be provided on lands zoned R4-35 vii) No outdoor amenity area shall be permitted within 30 metres of the east lot line viii) Loading spaces Nil ix) Any communication equipment other than an antenna must be contained within the building or mechanical penthouse. d. The Holding symbol shall only be removed from the Urban Residential Exception (R4-36) Zone when the following provisions are met: i) A clearance letter has been received to the satisfaction of the Region of Durham from the Ministry of the Environment for Record of Site Condition for a Phase 1 and Phase 2 Environmental Site Assessment; ii) A site plan agreement is executed with the Municipality which provides for an Odour and Dust assessment to be completed in accordance with Ontario Regulation 419/05 to the satisfaction of the Municipality of Clarington and Region of Durham or an Environmental Compliance Approval is issued to Veyance Technologies by the Ministry of the Environment, among other matters; and iii) Noise mitigation as required to meet applicable Ministry of the Environment Guidelines has been implemented to the satisfaction of the Region of Durham and/or confirmation of a Legal Agreement between the Owner and Veyance Technologies guaranteeing mitigation measures will be implemented prior to the occupancy of Phase 2 as required to meet applicable Ministry of the Environment Guidelines. 3. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (R1) Zone" to "Holding - Urban Residential Exception ((H)R4-35)"; "Urban Residential Type One (R1) Zone" to "Holding - Urban Residential Exception ((H)R4-36)"; and "Urban Residential Type One (R1) Zone" to "Environmental Protection (EP) Zone" as illustrated on the attached Schedule "A" hereto. 4. Schedule "A" attached hereto shall form part of this By-law. 5. 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 10th day of February 2014. /l Adrian , Mayor atti . Barri , Municipal Clerk R O MARTIN ROAD �� D n McCRIMMON CR I-n Z p C Z _ 5 WRENNBV 6r C p Fip�z}f�6 PrP d}P:p��j�Pf:P f�F4F ��E;F,glJ`rti} iP/F�l �a ; i}� PfF irf F3pi�}� RHONDA 80ULEVA ZA � fyb V/ � 1't� Pg Am Pff'iN.F Fip¢'r F d.P %Ei F4Fi � '��A+P f�4F�e�`l�F��:P�`E%�FF} �■ -^� ? F1`iir 9 1}�'�3 Pff•� F4Cfi}'� Pff',� nr`dF}f �*-r`i AfF4' T WAVERLEY ROAD WAVERLEY O D m }`E+Pf!f f �F�d f} f.P/fF 9F%off },�b+P,t�f 6 p�p4X m� � FfF3�j}�� ROD UTTLEAVENUE . rt 2 O STRIKEAVENUE Q N 0 m � C COLE AVENUE / 0 0 lam � � (C) (1) cQ cu m m -'H 7n -n -n O e'r ��cao 3 3 3 �,06 Fq9 anti .� � .� a� Fsy RvyCSST T�/��sRs O O O CD 02 �yy OyT� a� W �O Y ST Ord° N O ' W W �� Tqq �"� _� 10 D�Yy COST i�. •y C N 2°a °Yn � �`� ■ e v V y 2 W V 1 � T UBERTY STREET NORTH O USER -1