HomeMy WebLinkAboutPSD-025-18Clarftwn
Planning Services
Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Planning and Development Committee
Date of Meeting: March 12, 2018
Report Number: PSD -025-18
File Number:
Report Subject:
Resolution Number: PD -044-18
S -C-2017-0009 & ZBA2016-0010 By-law Number:
Applications by WED Investments Ltd., Devon Daniell, MODO
Bowmanville Towns Ltd. for a Draft Plan of Subdivision and
Rezoning to permit a Townhouse development at 1569 and 1599
Green Road, Bowmanville
Recommendations:
That Report PSD -025-18 be received;
2. That the application for Draft Plan of Subdivision (S -C-2017-0009) submitted by WED
Investments Limited be supported subject to conditions as generally contained in
Attachment 1 to Report PSD -025-18;
3. That the Zoning By-law Amendment application (ZBA 2016-0010) submitted by WED
Investments Limited, Devon Daniell and MODO Bowmanville Towns Ltd. be approved as
contained in Attachment 2 to Report PSD -025-18;
4. That notwithstanding Section 45(1.3) of the Planning Act, Council permits the submission
of minor variances application to the Committee of Adjustment for units requiring specific
setback relief from the R3-52 Zone within the subject lands;
5. That once the three blocks identified in Figure 1 are consolidated into one parcel and all
conditions contained in the Official Plan with respect to the removal of the (H) Holding
Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be
approved;
6. That no further public meeting is required for future application for Common Elements
Condominium;
7. That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD -025-18 and
Council's decision; and
8. That all interested parties listed in Report PSD -025-18 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD -025-18
Report Overview
Page 2
This is a recommendation report for approval of the application by WED Investments Limited
for a draft plan of subdivision (1599 Green Road), and rezoning including lands owned by
Devon Daniell and MODO Bowmanville Towns Ltd. (1569 Green Road) in Bowmanville.
The proposed draft plan of subdivision would create 1 block (0.263 hectares) for 12 townhouse
units to be developed together with adjacent Kaitlin lands previously zoned. The overall
townhouse development yields a total of 112 townhouse units on a private lane network. The
rezoning application proposes to place these lands in appropriate zones to permit the
requested townhouse development.
1. Application Details
Owner/Applicant
Proposal:
WED Investments Ltd., Devon Daniell, MODO Bowmanville
Towns Ltd.
Proposed Draft Plan of Subdivision (0.264 hectares)
To create 1 medium density block (0.263 ha) for 12
townhouses to be developed together with adjacent lands
yielding a total of 112 condominium townhouse units on a
private lane network.
Rezonina (2.581 hectares
To place lands in appropriate residential zone to permit the
requested townhouse development, including the abutting
lands owned by Devon Daniell/MODO Bowmanville Towns
Ltd. With an overall net density of 43 units per hectare.
Location: Lands located on the east side of Green Road, between the
extension of Clarington Boulevard and Prince William Drive,
Bowmanville (Part of Lot 16, Concession 1, Former
Township of Darlington)
Roll Number: 1817 010 020 16900; 1817 010 020 16800; and, 1817 010
02017000
Within Built Boundary: Yes
Municipality of Clarington
Report PSD -025-18 Page 3
2. Background
2.1 Kaitlin has acquired lands on the east side of Green Road between Clarington
Boulevard and Prince William Boulevard. The ownership has been acquired in stages
but the site was comprehensively designed as one development being marketed as
MODO North, being a proposed 112 -unit townhouse development.
2.2 The proposed development and the stages of the applications are shown on Figure 1.
x Block 1 - 76 townhouse units previously zoned by Council on March 20, 2017
x Block 2 - 24 townhouse units currently under review and was the subject of a
public meeting on June 6, 2016.
x Block 3 - 12 townhouses on the lands more recently acquired and the subject of
the public meeting held on January 29, 2018
Ti
R
Future
11
Qf--
P
kg =_
ZBA
Sc
Existing Commercial Use+
Block 3 it of Proposed
(12 Townhouse 112 Condominium
Units) Townhouses
Prince William Boulevard
Existing
GOA Site
Zoning Previously
Approved For
Townhouse Units
A'ppro`ved Apartment
Under Construction
A
i
,a
ti ♦�
./ . Future
GO Site
posed High'Density
Development
QaG\
'^• l V
x �
Y
Figure 1: Key Map
Municipality of Clarington
Report PSD -025-18
*,,
ZBA
—.Id
2.3
2.4.
2.5
Page 4
The ownership for each of the blocks, shown on Figure 2, are all Kaitlin companies or
owners.
,WED
lnvestmen
�, ' Limited
i.
DevgpA
Daniell
Clarin
• ,. . s j G1 —
1 491 €1
Prince William Boulevard m"
IL�,•,�
Bowmanville ;�,,,�
Towns Ltal01�
(MODO North) ` ,,Aa
3
nville
a
Figure 2: Ownership Map
The lands identified as Blocks 1 and 2 on Figure 1 were part of draft approved plan of
subdivision S -C-2016-0001, which among other things created the block for the
extension of Clarington Boulevard. The plan of subdivision has received final approval
and is registered. Since Kaitlin anticipates proceeding with a common element
condominium for the townhouses, the newly acquired lands must be a block in a plan of
subdivision. Accordingly a one block plan of subdivision is proposed for Block 3.
The current zoning and plan of subdivision applications for the lands shown as Block 3
were deemed complete on December 5, 2017.
Kaitlin proposed adjustments to provisions of the R3-52 Zone include:
x Adding semi-detached unit as a permitted use — there is one semi-detached unit
proposed within the site plan; and
Municipality of Clarington
Report PSD -025-18 Page 5
X Adjusting some setback regulations for individual townhouse units.
2.6 Given the layout of the site plan area, there are limited units that require unit specific
relief from the R3-52 Zone, and this is further discussed in Section 11.4 of this report.
3. Land Characteristics and Surrounding Uses
3.1 The WED Investments Ltd. parcel at 1599 Green Road is vacant (Figure 3). MODO
North lands are currently vacant except for one remaining dwelling on the Devon Daniell
parcel at 1569 Green Road. Kaitlin demolished dwellings at 1535 and 1599 Green Road
in 2017. Site works are underway on the adjacent Kaitlin lands in accordance with the
provisions of the subdivision agreement (Figure 4). The extension of Clarington
Boulevard is underway with completion anticipated in 2018.
Figure 3: Photograph of the WED Investments lands at 1599 Green Road looking east
Figure 4: Photograph of MODO North lands looking south from Prince William Boulevard
Municipality of Clarington
Report PSD -025-18 Page 6
3.2 The surrounding uses are as follows:
North Existing commercial and retail development.
South Proposed residential development of MODO South Lands and CP Railway.
East Municipal parkette block.
West Existing single detached residential dwellings on the west side of Green Road.
4. Provincial Policy
Provincial Policy Statement
4.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. Land
use patterns shall be based on densities and a mix of land uses that efficiently use land,
resources and infrastructure.
4.2 Opportunities for redevelopment and intensification must be promoted. Municipalities
must provide a variety of housing types and densities, and a range of housing options
that are affordable to the area residents.
4.3 Healthy and active communities should be promoted by planning public streets to be
safe, meet the needs of pedestrians, foster social interaction and facilitate active
transportation and community connectivity. Compact and diverse developments
promote active modes of transportation such as walking and cycling.
4.4 The applications are consistent with the Provincial Policy Statement.
Provincial Growth Plan
4.5 The subject lands are located within the defined Built Boundary of Bowmanville.
Population and employment growth will be accommodated by directing a significant
portion of new growth to the built up areas through intensification and efficient use of
existing services and infrastructure. A minimum of 40 percent of all residential
development occurring annually within each upper tier municipality will be within the
built up area.
4.6 The development of complete communities is encouraged by promoting a diverse mix of
land uses, a mix of employment and housing types, high quality public open space and
easy access to local stores and services. New transit -supportive and pedestrian -friendly
developments will be concentrated along existing and future transit routes.
4.7 The Growth Plan provides for higher density targets along transit corridors and around
transit stations, including the subway network, light rail lines, bus rapid transit routes
and the GO Transit network.
Municipality of Clarington
Report PSD -025-18
Page 7
4.8. Major transit station areas on priority transit corridors will be planned in a transit -
supportive manner that maximizes the size of the area and the number of potential
transit users that are within walking distance of the station. A major transit station area
is generally defined as the area within approximately 500 metre radius of a transit
station, representing about a 10 minute walk.
4.9 Major transit station areas will be planned for a minimum density target of 150 residents
and jobs combined per hectare for those that are served by the GO Transit rail network.
4.10 Within major transit station areas on priority transit corridors, land uses and built form
that would adversely affect the achievement of the minimum density targets in the
Growth Plan will be prohibited.
4.11 Public transit will be the first priority for transportation infrastructure planning and
investments. Decisions on transit planning and investment will be made based on many
factors including the following:
x Supporting the transit priorities identified in the Plan, including the GO Rail
extension to Bowmanville;
x Prioritizing areas with existing or planned higher residential or employment
densities to optimize return on investment and the efficiency and viability of
existing and planned transit service levels;
x Increasing the capacity of existing transit systems to support strategic growth
areas; and
x Expanding transit service to areas that have achieved, or will be planned to
achieve, transit -supportive densities and provide a mix of residential, office,
institutional and commercial development.
4.12 The applications do not conform to the Growth Plan.
5. Official Plans
Durham Regional Official Plan
5.1 The subject lands are within a Regional Centre. Regional Centres provide a full array of
institutional, commercial, major retail, residential, recreational, cultural, entertainment
and major office uses. Regional Centres function as places of symbolic and physical
interest for the residents, and shall provide identity to the area municipalities within
which they are located.
5.2 Regional Centres shall support an overall, long-term density target of at least 75
residential units per gross hectare and a floor space index of 2.5. Gross densities are
measured over the entire Secondary Plan area, including roads, parks and other
infrastructure.
Municipality of Clarington
Report PSD -025-18
5.3 Development in Regional Centres shall be based on the following principles:
Page 8
x Compact urban form which is transit -supportive;
x Provides a mix of uses and opportunities for intensification;
x Follows good urban design principles with focus on public spaces and pedestrian
connections, with parking located to the rear or within buildings; and
x Enhances grid connections for pedestrians and cyclists.
5.4 The Bowmanville Regional Centre is designated as a Transportation Hub. A
Transportation Hub is a major destination and facilitates transfers between different
modes of transit service. Development within approximately 500 metre radius or 10
minute walk should be mixed use or at higher density to support future transit services.
5.5 Green Road is identified as Type B Arterial Road and private access points are
generally spaced a minimum of 80 metres apart in Urban Areas. As the site is adjacent
to an arterial road and proximate to the railway, noise and vibration impacts must be
mitigated in accordance with Ministry of Environment guidelines.
5.6 Urban areas across the Region shall be planned to accommodate a minimum 40
percent of all residential development occurring annually within the Built Boundary. The
target for Clarington is 32 percent. Regional Centres and Transportation Hubs are to be
a key focus of intensification.
5.7 The subject proposal does not conform to the Durham Regional Official Plan.
Clarington Official Plan
5.8 The Clarington Official Plan designates the subject lands Urban Centre. Urban Centres
shall be comprehensively developed to provide residential and/or mixed use
developments in order to achieve higher densities, transit -oriented development and
reinforce the objective of having a diverse mix of land uses. Urban Centres will be
planned and developed as a centre providing the highest level of retail and service uses
and are the primary focal point of cultural, community, recreational and institutional uses
in Clarington. Bowmanville has the predominant Urban Centres in Clarington.
5.9 The Bowmanville GO Rail Station is identified as a Transportation Hub. The lands
around it are to develop as a mixed use, higher density place. The Clarington Official
Plan requires Transportation Hubs areas to be developed at a minimum net density of
200 units per ha. The Official Plan states that the Municipality will work in partnership
with the Province and the Region to provide a transit -supportive environment including
directing density to Transportation Hubs, the Regional Transit Spine and Regional and
Local Corridors.
5.10 Core objectives of the Official Plan are to encourage transit -supportive, mixed use and
compact urban form in Priority Intensification Areas, which the subject lands are a part
of. Available and planned public infrastructure should be used efficiently. Lands within
the broader Urban Centre are to develop to a minimum net density of 120 units per
Municipality of Clarington
Report PSD -025-18
Page 9
hectare. Mixed-use and apartment buildings are to be the predominant form, ranging in
height from 4 to 12 storeys.
5.11 The lands are located within the Built Boundary. The Municipality has an intensification
target of at least 32% of all new residential units within the Built-up Area up to the year
2021, increasing to 40% thereafter to the year 2031. For Bowmanville, this means
4,150 new intensification units by the year 2031. The Bowmanville Urban Centres are
identified as Priority Intensification Areas.
5.12 The Bowmanville West Urban Centre has a housing target by 2031 of approximately
3,000 units, including approximately 2,560 high density and 480 medium density units.
5.13 The development must satisfy the Official Plan's comprehensive Urban Design policies
that encourage a high quality public realm, and give priority to sustainable design,
including environment -first principles, walkability, land efficiency, compact and
connected communities and resource and energy efficiency. Attractive and safe
communities are encouraged to create a sense of place and a diversity of built form.
The built form should facilitate active transportation and public transit.
5.14 The Municipality is in the process of updating the Secondary Plans to bring them into
conformity with this Plan. Where there is a conflict or inconsistency with the Official
Plan, the Secondary Plan will prevail, unless the conflict is associated with the density
and intensification policies of the Official Plan, in which case the parent Plan shall
prevail.
5.15 The proposal does not conform to the density and intensification objectives of the
Official Plan.
Bowmanville West Town Centre Secondary Plan
5.16 The subject lands are designated as Medium Density Residential in the Bowmanville
West Town Centre Secondary Plan. The designation allows for residential development
having a density between 31 and 60 units per hectare. Permitted dwelling types include
townhouses, stacked townhouses, and low rise apartment buildings not exceeding three
storeys in height. These policies are not consistent with the newly adopted Clarington
Official Plan or provincial or regional policy.
5.17 In addition to the Urban Design and Town Centre policies that give direction to site plan
design, the Bowmanville West Town Centre Secondary Plan contains detailed Urban
Design policies, including an Urban Design Guideline, and policies specific to residential
buildings and site layout.
5.18 The Secondary Plan is currently in the process of being updated to conform to the
Clarington Official Plan, as amended by OPA 107.
5.19 The proposed application conforms to the existing Secondary Plan policies.
Municipality of Clarington
Report PSD -025-18
6. Zoning By-law
Page 10
6.1 The WED Investments Limited and Devon Daniell parcels remain in the Agricultural
Zone under Zoning By-law 84-63. The first phase of 76 townhouse units (Block 1 shown
on Figure 1) is zoned R3-52. Kaitlin proposes to amend provisions in the R3-52 zone,
and to rezone the WED Investments Limited and Devon Daniell parcels to match.
7. Summary of Background Studies
Functional Servicing Report
7.1 An updated Functional Servicing Report submitted with the applications was deemed
acceptable by Engineering Services and CLOCA. The development will connect to
existing services available in the vicinity of the development. Existing services were
previously sized to accommodate the subject development, including the Aspen Springs
stormwater management pond.
Noise and Vibration Feasibility Study
7.2 An updated Noise and Vibration Feasibility Study assessed both road and railway noise
in accordance with Ministry of Environment and Climate Change (MOECC) guidelines.
The 12 units on the block at 1599 Green Road do not require noise or vibration
mitigation however other units in the development will require ducting to accommodate
central air conditioning and/or upgraded building and window glazing construction.
7.3 The study finds that vibration levels are below the Canadian Pacific (CP) Railway and
MOECC Guidelines, and vibration mitigation measures are not required.
7.4 An updated Noise Study, based on final grading and site design, will be required as a
condition of final approval to ensure the Subdivision and Site Plan Agreements include
appropriate conditions to mitigate noise and warning clauses.
Archaeological Assessment
7.5 A Stage 1 and 2 Archaeological Assessment was completed for the subject lands. The
assessment did not identify any archaeological resources or sites requiring further
assessment and no further study is required.
Environmental Site Assessment
7.6 The Phase One and Two Environmental Site Assessments did not identify any potential
for environmental issues and no further study is required.
8. Public Notice and Submissions
8.1 Notice of the Public Meeting was mailed on January 4, 2018, in addition to posting on
the municipal website and in the Planning Services Department E -update.
Municipality of Clarington
Report PSD -025-18
Page 11
8.2 During the processing of draft plan of subdivision S -C-2016-0001, a neighbourhood
Public Information Centre was held to discuss the development of the MODO North and
South projects. Although the Public Information Centre was prior to the lands at 1599
Green Road being acquired, general information was provided regarding the future
development opportunities at 1599 Green Road and the coordination required.
8.3 During this phase of consultation, 6 individuals reached out to staff, including a
representative from Seasons Retirement Home. Questions and concerns relate to
tenure of the units, whether condo or rental, provision of a safer pedestrian crossing
along Green Road, density, and traffic given other applications in the area. One written
submission was received from a resident who has concerns over noise generated within
buildings and between units — these comments relate more specifically to wood frame
apartment buildings between 3 and 6 storeys.
8.4 The neighbouring owner of the commercial plaza requests acknowledgement that the
subject lands are adjacent to a commercial site with commercial access and traffic,
including future redevelopment opportunities at the former Target Store. A standard
condition of approval is included to address this concern.
8.5 No members of the public spoke in objection or in favour of the application at the Public
Meeting.
9. Agency Comments
Regional Municipality of Durham
9.1 The Region of Durham has confirmed the lands are within a Regional Centre with a
gross density target of 75 units per hectare, and a target floor space index of 2.5.
9.2 Regional Planning has not identified any concerns from a servicing or transportation
perspective and provided standard conditions related to site contamination, noise
impacts and archaeological potential.
Central Lake Ontario Conservation Authority
9.3 Central Lake Ontario Conservation Authority has no objection to the proposed Draft
Plan of Subdivision and Rezoning, and have forwarded standard conditions of approval.
9.4 The Conservation Authority will continue to be involved in final stormwater management
design of the subdivision and approval of the site plans.
Railways and Metrolinx
9.5 Both CP Railway and Metrolinx do not object to the applications, and have provided
standard conditions of approval.
Municipality of Clarington
Report PSD -025-18
Other Agencies
Page 12
9.6 Canada Post has no objections to the applications and has provided their standard
requirements for mail delivery to be incorporated into the site plan.
9.7 Rogers has no objections to the applications.
10. Departmental Comments
10.1 Engineering Services has no objections to the proposed rezoning. They require the
standard conditions regarding site alteration and parkland dedication. An amendment to
the subdivision agreement will be required to include the subject parcel.
10.2 Emergency and Fire Services has no objections.
10.3 The Building Division has no comments or objections to the Draft Plan of Subdivision or
Rezoning.
11. Discussion
Completion of Original Development Concept
11.1 The overall project consists of 3 parcels, of which the first and largest parcel (Block 1)
was approved on March 20, 2017 prior to the OPA 107 coming into force. Given that the
Devon Daniell parcel (Block 2) and the WED Investment parcel (Block 3) are fully
integrated and dependent on Block 1 for vehicular access. For this reason, despite not
complying with the minimum density targets, staff recommend that the balance of the
development parcels proceed as originally contemplated as medium density
development.
11.2 The overall site is being developed at only 43 units per net hectare, considerably lower
than what is required to meet the density targets for Urban Centres and Transportation
Hubs. This means that other development sites within the Transportation Hub and
Bowmanville West Urban Centre will have to be developed at higher net densities to
meet the gross density targets of the Provincial Growth Plan, the Durham Regional
Official Plan and the Clarington Official Plan. Although a higher site density would be
preferred to implement the planning targets, staff have recognized that the smaller
Blocks 2 and 3 are rounding out the previously approved development concept.
11.3 The site plan for the first phase being Block 1 (76 units) is currently being finalized. An
amendment to the site plan approval will incorporate Blocks 2 and 3 (the WED
Investments Limited and Devon Daniell parcels). The owner is satisfied that Zoning
regulations are drafted to permit the proposed development with exceptions for certain
units, described below.
11.4 The development will eventually be incorporated under one condominium approval and
one Condominium Corporation.
Municipality of Clarington
Report PSD -025-18
Future Minor Variances Anticipated
11.5 Certain units require relief from the regulations as drafted in R3-52 Zone:
Page 13
x Some of the proposed units in Block 1 of Figure 1 do not comply to the front yard
setback requirements from units to Clarington Boulevard in the southeast corner of
site. This is caused by the curve in Clarington Boulevard resulting in irregular front
yards;
x Rear yard setback for one unit attributed to lot configuration around amenity space;
x Limited Flankage and Side yard setbacks adjacent to public/private streets, the
municipal park and between units.
11.6 Rather than adjusting the provisions of the R3-52 Zone to permit these worst-case
scenarios, it is preferred to establish standard regulations for the site overall, and
consider each deficiency on its own merits through the Committee of Adjustment.
11.7 Recent changes to the Planning Act place a 2 year moratorium on Minor Variance
applications where lands have been the subject of a privately initiated Zoning By-law
Amendment, unless Council provides an exemption by resolution that such an
exemption is permitted.
11.8 By granting permission to Kaitlin to make Minor Variance applications, Council is in no
way expressing any opinion regarding the planning merits of the applications.
Public Input
11.9 Limited public input was received during this consultation period. General inquiries and
comments relating to density and traffic were received. Comments also relate to overall
intensification in the Bowmanville West Urban Centre.
11.10 The Bowmanville West Urban Centre is planned to accommodate the highest densities
across the municipality and thus also the highest traffic volumes by all modes of travel.
Traffic and pedestrian safety is continually monitored and there are no technical
limitations to roads and other infrastructure that would prevent this development and
others with increased density from proceeding.
11.11 A conceptual elevation drawing of the units fronting on Green Road is shown in
Figure 5. It will readily integrate potential redevelopment of the existing large, formerly
rural lots, across the street.
Municipality of Clarington
Report PSD -025-18 Page 14
Figure 5: Proposed Elevation of units fronting on Green Road
Draft Approval of Plan of Subdivision
11.12 Attachment 1 contains the Recommended Conditions of Draft Approval for the one
block plan of subdivision. Conditions of Draft Approval include all recommended
conditions from departments and review agencies. The owner provided written
concurrence on the conditions.
Zoning By -Law Amendment for Block 1
11.13 Attachment 2 contains the recommended Zoning By-law Amendment. The Zoning By-
law Amendment would place lands in a Residential Exception Zone that permits the
townhouse development and establishes regulations that would be applicable to the
individual parcels -of -tied -land.
11.14 Taxes owing to the Municipality of Clarington have been paid in full.
12. Concurrence
Not Applicable.
13. Conclusion
Blocks 2 and 3 are small parcels that extend a previous approval for townhouses. They
are part of an integrated development concept. In consideration of all agency, staff and
public comments, it is respectfully recommended that the application for a Draft Plan of
Subdivision and the application for Rezoning, as submitted by WED Investments Ltd.,
Devon Daniell, and MODO Bowmanville Towns Ltd. be approved.
Municipality of Clarington
Report PSD -025-18
14. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Submitted by:
David J. Crome, MCIP, RPP
Director of Planning Services
Page 15
Reviewed by: for CAYliseon.
AndreComm, LL.B
Chief Administrative Officer
Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414
or ataylorscott(o)-clarington.net
ATS/CP/DJC/nl
Attachments:
Attachment 1 — Proposed Conditions of Draft Approval and Proposed Draft Plan of Subdivision
Attachment 2 — Proposed Zoning By-law Amendment
The following is a list of the interested parties to be notified of Council's decision:
Enzo Bertucci
Sam & Corinne Marmara
Karen Muir
Jayne Daniel
Bill & Marg Todd
Rob & Amy Wilson
Pauline Cuccio
Edith Roy
Andy Brown
Henry Wildeboer
Ari Yapa
Allison Weisner
Martin Doyle
Sonia Wood
Beth Kelly
Jonathan and Jessie Stagg
Elizabeth Nesbitt
Justine Verkuyl
Chris Ball
Jim Scarth
Chris Snow
I:\ADepartment\LDO NEW FILING SYSTEM\Application Files\SC-Subdivision\S-C-2017\S-C-2017-0009 MODO Muir\Staff Report\Recommendation Mar 12 2018\PSD-025-18 1599 Green
Road Recommendation Mar 12 2018.Docx
ciffbooll
Conditions of Draft Approval
File Number: S -C-2017-0009
Date: February 28, 2018
Part 1 - Plan Identification
$VWDFRHOiWR
5HSRUW36'
The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S -C-2017-0009 prepared by D.G. Biddle & Associates Limited
identified as job number 115152, dated August 2017, which illustrates 1 block for
residential development, up to 12 units on 0.264 hectares, including 0.3 m
reserves.
Revisions:
Add 0.3 m reserve along Prince William Boulevard
2. Change unit yield to 12 units.
r. i , ViLJ, a � 1( ■ ►yin e ■ i►iQ
Part 2 -]General
2.1 The Owner shall enter into a subdivision agreement with the Corporation of the
0 ❑CLFLSDMRI [& QD111 EWOI M❑0 ❑L FLS MHII\hLP VD❑G: '
FR❑GIFNEV[RI MI[O ❑EIRSD ❑GDJ3[V❑EG--LM R:I[DEL f -P HANFl /SI-F\U[1Ml I❑
provision and installation of roads, services, drainage, other local services and all
internal and external works and services related to this plan of subdivision. A copy
RI AWL0 ❑ARSDWVAAU❑3-0 GVL-EGL R❑ID❑LWP H 1IFD❑EHL1R ❑GSL
http://clarington.net/documents/planning/subdivision-agreement-feb20l4.pdf
2.2 Prior to final approval of the draft plan of subdivision, the lands must be placed in
appropriate residential zones to implement the draft approved plan of subdivision
to the satisfaction of the Director of Planning Services..
2.3 All works and services must be designed and constructed in accordance with the
0 LFLSDW V -I HVL-I❑EE ❑LIIQ 1- VD❑G16 WOMLIC ID LIDO L❑❑V❑
Architectural Control
2.4 (1) 7 d -I[2 ❑ - 4AVDUEHIII]❑❑❑ IMR❑VLEUIRJ UH Mid RIAUU-I LFAbFW-
to review and approve all proposed models and building permits, to the satisfaction
of the Director of Planning Services.
(2) No residential units shall be offered for sale to the public on the draft plan
until such time as architectural control guidelines and the exterior
architectural design of each building has been approved by the Director of
Planning Services, and site plan approval for the block has been issued.
(3) No building permit shall be issued for the construction of any building on any
residential lot or block on the draft plan, until the architectural control
guidelines for the development and the exterior architectural design of each
building and the location of the building on the lot has been approved by the
Director of Planning Services.
Marketing and Sales
2.5 (1) The Owner shall prepare a Land Use Plan which shows the draft plan and
surrounding land uses. The Land Use Plan shall be in a format approved by
the Director of Planning Services.
(2) The Owner shall erect and maintain a sign on the development site and/or in
the sales office which shows the Land Use Plan as approved by the Director
of Planning Services.
(3) The Owner shall submit its standard Agreement of Purchase and Sale to the
Director of Planning Services which includes all warning clauses/ notices
prior to any residential units being offered for sale to the public.
Site Alteration
2.6 Draft plan approval does not give the Owner permission to place or dump fill or
remove fill from, or alter the grade of any portion of the lands within the draft plan.
The Owner shall be required to obtain a permit from the Municipality under Site
Alteration By-law 2008-114, as amended, for any such work. If any portion of the
lands are within an area regulated by a conservation authority, the Owner shall
obtain a permit from the conservation authority in addition to obtaining approval
from the Director of Engineering Services regarding the intended haulage routes,
the time and duration of the site alteration work and security relating to mud clean
up, dust control and road damage. After registration of a subdivision agreement,
WH -SLR -EAR -VR VWI 0 F IFLSDQ11111VVDFML ll- EaAMRF-rD-L F FP H-VVh a l l apply to
any proposed site alteration on the lands covered by the subdivision agreement.
Part 3 - Final Plan Requirements
3.1 The Owner shall transfer to the Municipality (for nominal consideration free and
clear of encumbrances and restrictions) the following lands and easements:
(a) Reserves
L 0.3 metre reserves shown as Blocks 2 and x on the draft plan.
Part 4 -Plans and Reports Required Prior to Subdivision Agreement/Final Plan
Registration
4.1 The Owner shall submit the following plans and report or revisions thereof:
Noise Report
(1) The Owner shall submit to the Director of Engineering Services, the Director of
Planning Services and the Region, for review and approval, an updated noise
report, based on the preliminary noise report entitled Noise and Vibration
Feasibility Study, prepared by HGC Engineering Limited, dated April 1, 2016.
(2) The Owner further agrees that future site plan applications require the
submission and implementation of detailed noise reports to assess noise
impacts from road and rail traffic to units within the site plan area. Additional
provisions and warning clauses shall be incorporated into the site plan
agreement. Future noise reports shall consider the phasing of development,
and should the subject lands develop in advance of Blocks 2, 4, and/or 5, Plan
40M-2601, the Noise Consultant shall assess noise levels in the absence of
buildings on adjacent blocks.
Functional Servicing
(3) The Owner shall submit an updated Functional Servicing Report satisfactory to
the Director of Engineering Services and Central Lake Ontario Conservation
Authority.
Environmental Sustainability Plan
(4) The Owner shall submit an update of the Environmental Sustainability Plan
based on the preliminary Environmental Sustainability Plan dated April 4, 2016
and submitted with the application S -C-2016-0001, to the satisfaction of the
Director of Planning Services. Such plan shall identify the measures that the
Owner will undertake to conserve energy and water in excess of the standards
of the Ontario Building Code, reduce waste, increase recycling of construction
materials and utilize non-toxic, environmentally sustainable materials and
finishes.
Soils Management Plan
(5) Prior to Authorization to Commence, the Owner shall provide a Soils
Management Plan for review and approval by the Director of Engineering
Services. Such plan shall provide information respecting but not limited to any
proposed import or export of fill to or from any portion of the Lands, intended
haulage routes, the time and duration of any proposed haulage, the source of
any soil to be imported, quality assurance measures for any fill to be imported,
and any proposed stockpiling on the Lands. All imported material must
originate from within the Municipality of Clarington. The Owner shall comply
with all aspects of the approved Soils Management Plan. The Director may
require the Owner to provide security relating to mud clean up, dust control
and road damage.
Dust Management Plan
(6) Prior to Authorization to Commence Works, the Owner is required to prepare a
Dust Management Plan for review and approval by the Director of Engineering
Services. Such plan shall provide a practical guide for controlling airborne dust
which could impact neighbouring properties. The plan must:
(1) identify the likely sources of dust emissions;
(2) identify conditions or activities which may result in dust emissions;
(3) include preventative and control measures which will be implemented to
minimize the likelihood of high dust emissions;
(4) include a schedule for implementing the plan, including training of on-
site personnel;
(5) include inspection procedures and monitoring initiatives to ensure
effective implementation of preventative and control measures; and
(6) include a list of all comments received from the Municipality, if any, and
a description of how each comment was addressed.
Part 5 Special Terms and Conditions to be Included In the Subdivision
Agreement
Lands Requiring Rezoning and Site Plan Approval
5.1 The owner shall not make an application for a building permit in respect of Block 1
until the Owner has received zoning and site plan approval from the Municipality
under Sections 34 and 41 of the Planning Act, R.S.O. 1990, C.P.13., respectively.
Coordination of Access Driveways
5.2 Prior to site plan approval of Block 1 within the plan of subdivision, an overall
access plan for Block 1 together with Blocks 1, 4 and 5, in adjacent Plan 40M-
2501 shall be approved to the satisfaction of the Director of Engineering Services.
The Owner agrees to obtain easements over Block 1, 4 and 5 in Plan 40M-2501
as may be deemed necessary to accommodate access.
Parkland
5.3 The Owner shall make a payment -in -lieu of parkland dedication under the
Planning Act based on the value of the land that would otherwise be required to be
conveyed to the Municipality calculated on of 5% of the land area or 0.25 hectares
per 300 units, whichever is greater.
Noise Attenuation
5.4 (1) The Owner shall implement the noise attenuation measures and warning
clauses recommended in the updated noise report entitled Noise and
Vibration Feasibility Study, prepared by HGC Engineering Limited, dated
April 1, 2016.
(2) The Owner shall not make an application for a building permit for any building
on the Lands until an acoustic engineer has certified that the plans for the
building are in accordance with the Noise Report.
Condominium Approvals
5.5 The Municipality of Clarington requires Block 1 to develop is a comprehensive
coordinated single development with Blocks 1, 4 and 5, Plan 40M-2601. This
may require front -ending and oversizing of services on a single block or
combination of blocks. The Owner agrees that:
(1) The outdoor amenity space for Blocks 1 of this Draft Plan of Subdivision will
provided in one area on Block 1, Plan 40M-2601;
(2) That utility areas, including transformers, water meters and mailboxes, to
service dwellings located Block 1 will be provided in an area or areas on
adjacent lands being Blocks 1, 4 and 5, Plan 40M-2601 and will sized and
located appropriately to accommodate the development of 12 units being
constructed on Block 1 of this Draft Plan of Subdivision;
(3) That Block 1 of this Draft Plan of Subdivision, and adjacent Blocks 1, 4 and 5,
Plan 40M-2601 will be registered as one condominium corporation;
(4) That site plans submitted for Block 1 of this Draft Plan of Subdivision, and
adjacent Blocks 1, 4 and 5, Plan 40M-2601 will provide all infrastructure
(water, sanitary sewer, storm water, utilities, etc.) and laneways to the limits
of the boundary of the overall 112 unit townhouse development, with no
physical or legal impediment for the extension of services, laneways,
garbage collection or other functions.
Part 6 :]Agency Conditions
6.1 Region of Durham
(1) 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 Region. All arrangements, financial and otherwise, for said extensions
are to be made to the satisfaction of the Region, and are to be completed
prior to final approval of this plan.
(2) Prior to entering into a subdivision agreement, the Region shall be satisfied
that adequate water pollution control plant and water supply plant capacities
are available to the proposed subdivision.
(3) The Owner shall grant to the Region any easements required for provision of
Regional services for this development and these easements shall be in the
location and of such widths as determined by the Region.
(4) Prior to final approval, the Owner shall provide the Region of Durham a
Reliance Letter and a Certificate of Insurance for the Phase One
Environmental Site Assessment, prepared by GHD, dated September 2015
1 R MHL5 HdR❑WIAH11 ID❑QdlSSUZ:M
(5) The Owner shall satisfy all requirements, financial and otherwise, of the
Region. 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.
6.2 Conservation Authority
(1) Prior to any on-site grading or construction of final registration of the Plan,
the Owner shall submit and obtain approval from the Municipality of
Clarington, and the Central Lake Ontario Conservation Authority for reports
describing the following:
(a) The intended means of conveying stormwater flow from the site,
including use of stormwater techniques which are appropriate and in
accordance with the provincial guidelines, and the West Side Creek
Master Drainage Plan;
(b) The intended means of providing water quality treatment for the site in
accordance with provincial guidelines and the West Side Creek Master
Drainage Plan;
(c) The means whereby erosion and sedimentation and their effects will be
minimized on the site during and after construction in accordance with
the provincial guidelines. The report must outline all actions to be taken
to prevent an increase in the concentration of solids in any water body
as a result of on-site or other related works, and
(d) Details on the types and use of Low Impact Development (LID)
measures to be implemented within the development to assist in
reducing stormwater runoff and encouraging infiltration.
(2) The Owner shall satisfy all financial requirements of the Central Lake Ontario
Conservation Authority. This shall include Application Processing Fees and
Technical Review Fees as per the approved Authority Fee Schedule.
(3) The subdivision agreement between the Owner and the Municipality of
Clarington shall contain, among other matters, the following provisions:
(a) The Owner agrees to carry out the works referred to in Condition 6.2(1)
and 6.2(2) to the satisfaction of the Central Lake Ontario Conservation
Authority;
(b) The Owner agrees to maintain all stormwater and erosion and sediment
control structures and measures operation and in good repair during the
construction period, in a manner satisfactory to Central Lake Ontario
Conservation Authority; and
(c) The Owner agrees to advise the Central Lake Ontario Conservation
Authority 48 hours prior to the commencing of grading or initiation of
any on-site works.
6.3 Canadian Pacific Railway
(1) The Owner shall insert a clause in all Offers of Purchase and Sale or Lease,
and be registered on title or included in the lease for each dwelling affected
by any noise and vibration attenuation measures, advising that any berm,
fencing, or vibration isolation features implemented are not be to tampered
with or altered, and further that the Owner shall have the sole responsibility
for, and shall maintain these features.
(2) Dwellings must be constructed such that the interior noise levels meet the
criteria of the appropriate Ministry. A noise study should be carried out by a
professional noise consultant to determine what impact, if any, railway noise
would have on residents of proposed subdivisions and to recommend
mitigation measures, if required. The Railway may consider other measures
recommended by the study.
(3) The Owner shall insert a clause in all Offers of Purchase and Sale or Lease
and in the title deed or lease of each dwelling within 300 m of the railway
right-of-way warning prospective purchasers or tenants of the existence of
WH_5 DLODUVES EAUENAbf-way; the possibility of alterations including
the possibility that the Railway may expand its operations, which expansion
may affect the living environment of the residents notwithstanding the
inclusion of noise and vibration attenuating measures in the design of the
subdivision and individual units, and that the Railway will not be responsible
for complaints or claims arising from the use of its facilities and/or operations.
6.4 Canada Post Corporation
(1) The Owner shall satisfy the following requirements of Canada Post
Corporation and the Municipality with respect to the provision of mail delivery
to the Subdivision Lands and the provision of community mailbox locations, as
follows:
(a) The Owner shall advise Canada Post as to the excavation date for the
first foundation/first phase as well as the date development work is
scheduled to begin.
(b) If applicable, the Owner shall ensure that any street facing installs have
a pressed curb or curb cut.
(c) The Owner shall advise Canada Post as to the expected first occupancy
date and ensure the site is accessible to Canada Post 24 hours a day.
(d) The Owner will consult with Canada Post and the Municipality to
determine suitable permanent locations for the Community Mail Boxes.
The Owner will then indicate these locations on the appropriate
servicing plans.
(e) The Owner agrees, prior to offering any units for sale, to display a map
on the wall of the sales office in a place readily accessible to potential
homeowners that indicates the location of all Community Mail Boxes
within the development, as approved by Canada Post.
(f) The Owner will provide a suitable and safe temporary site for a
Community Mail Boxes upon approval of the Municipality (that is
levelled with appropriate sized patio stones and free of tripping
hazards), until curbs, sidewalks and final grading are completed at the
permanent locations. Canada Post will provide mail delivery to new
residents as soon as the homes or units are occupied.
(g) Owner agrees to provide the following for each Community Mail Boxes
and to include these requirements on the appropriate servicing plans (if
applicable):
i) Any required walkway across the boulevard, per municipal
standards; and
ii) Any required curb depressions for wheelchair access, with an
opening of at least two meters (consult Canada Post for detailed
specifications).
6.5 Utilities
(1) The Owner shall coordinate the preparation of an overall utility distribution
plan that allows for the safe installation of all utilities including the separation
between utilities to the satisfaction of the Director of Engineering Services.
(2) All utilities will be installed within the proposed road allowances. Where this is
not possible, easements will be provided at no cost to the utility provider.
Proposed easements are not permitted on lands owned by the Municipality
unless it can be demonstrated that there is no other alternative. Such
easements must not impede the long term use of the lands and will be at the
discretion of the Director of Engineering Services.
(3) The Owner shall cause all utilities, including hydro, telephone, and cable
television within the streets of this development to be installed underground
for both primary and secondary services.
Part 7 -]Standard Notices and Warnings
7.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots
informing the purchaser of all applicable development charges in accordance with
subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27.
7.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of
VAHIO ❑ARSDW M0❑GXGA/I_EGAMR-IIDAJ-FP HLVULM _ldi-P HI_W RI IL3 ❑LFl_C7vl +D G
Sale for all Lots or Blocks.
7.3 The Owner shall include the following notices and warning clauses in Agreements
of Purchase and Sale for the Lots or Blocks to which they apply:
Railway, Noise and Fencing
(1) The Owner shall include the following notice in the Agreements of Purchase and
Sale for all applicable units within this plan:
I-3 ❑LFCDVI-YW[ID-NDM DG-LVHG espite the inclusion of noise control
features in the design of the subdivision and individual units, noise levels from
road and rail traffic may on occasion interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the
0 L b RI � ❑ALR❑P H❑1MC,G-&(OP DWI& LD❑LHD
(2) The Owner shall include the following notice in the Agreements of Purchase and
Sale for all applicable units within this plan:
:This dwelling unit was fitted with a forced air heating system and the
ducting etc. sized to accommodate a central air conditioning unit. The
installation of central air conditioning by the homeowner will allow
windows and exterior doors to be kept closed, thereby achieving indoor
sound levels within the limits recommended by the Ministry of the
Environment. (Note: The location and installation of the outdoor air
conditioning device should be done so as to comply with noise criteria of
Ministry of Environment and Climate Change publication NPC -216,
Residential Air Conditioning Devices and thus minimize the noise
impacts both on and in the immediate vicinity of the subject property).
(3) The Owner shall include the following notice in the Agreements of Purchase and
Sale for all applicable units within this plan:
7 d -I[2 ❑ -F0E\/IHFFr[DM I I HWR 3 ❑LFE MB❑G16 DOIFU IUM❑
and in the title deed or lease of each dwelling within 300 m of the railway
right-of-way, warning prospective purchasers or tenants of the existence of
WH -5 DLQDUVIRS I-AIL❑1Abf-way; the possibility of alterations including
the possibility that the Railway may expand its operations, which expansion
may affect the living environment of the residents notwithstanding the
inclusion of noise and vibration attenuating measures in the design of the
subdivision and individual units, and that the Railway will not be responsible
for complaints or claims arising from the use of its facilities and/or
RSH"
(4) The Owner shall include the following notice in the Agreements of Purchase and
Sale for all applicable units within this plan:
Warning: Metrolinx, carrying on business as GO Transit, and its assigns and
successors in interest are the owners of lands within 300 metres from the
land which is the subject hereof. In addition to the current use of the lands
owned by Metrolinx, there may be alterations to or expansions of the rail and
other facilities on such lands in the future including the possibility that GO
Transit or any railway entering into an agreement with GO Transit to use the
Metrolinx lands or Metrolinx and their respective assigns or successors as
aforesaid may expand their operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the inclusion of
any noise and vibration attenuating measures in the design of the
development and individual dwellings. Metrolinx will not be responsible for
any complaints or claims arising from use of such facilities and/or operations
on, over or under its lands.
(2) The Owner shall include the following warning clause in agreements of purchase
and sale for all units within the plan:
-Purchasers and tenants are notified that despite measures to
attenuate noise caused by the adjacent railway, whistling from
oncoming trains may be heard on a regular basis. Train whistling
protocol is regulated and enforced by Transport Canada.
Canada Post Corporation
The Owner shall include the following notice in the agreements of purchase and sale for
all units:
-Mail Service - Purchasers are advised that Canada Post intends to service
this property through the use of community mailboxes that may be located in
several locations within this subdivision.
Lands located within the Bowmanville West Town Centre and nearby planned
Transportation Hub
The Owner shall include the following notice in the agreements of purchase and sale for
all units:
_ WIHUHd-ICRSP H❑MB RSR[ Purchasers are advised that the subject
lands are within the Bowmanville West Town Centre and proximate to a
planned Transportation Hub. Future development proposals will include mid
and high-rise apartments, major commercial, retail and mixed use
developments in support of the location proximate to planned transit facilities,
and consistent with Provincial, Regional and Clarington growth and
LAN MILM&IR❑ADIJI O/
8.1 =611: f Lli-VD. I' SCI;. WII) ' Illi ■ 1;1 1"■AVlU ■■ �11.1�iD111 �_�,��OC: ■
Planning Services shall be advised in writing by,
(a) Region of Durham how Conditions 4.1 (1), 5.4 (1), 6.1, and 7 have been
satisfied;
(b) Central Lake Ontario Conservation Authority, how Conditions 6.2 have been
satisfied;
(c) Canadian Pacific Railway, how Conditions 6.3 have been satisfied;
(d) Canada Post, how Conditions 6.4 have been satisfied;
Part 9 - Notes to Draft Approval
9.1 Terms used in these conditions that are not otherwise defined have the meanings
ELLHL-ARM P [LiVH�0 --LRS EG LLVIR❑DEUH-P H W
9.2 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.
9.3 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.
9.4 Where an agency requirement is required to be included in the Municipal
subdivision agreement, a copy of the agreement should be sent to the agency in
order to facilitate their clearance of conditions for final approval of this plan.
The addresses and telephone numbers of these agencies are:
(a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box
623, Whitby, Ontario L1 N 6A3 (905) 668-7721.
(b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario LIH 3T3 (905) 579-0411.
(c) Canadian Pacific Railway, 1290 Central Parkway West, Suite 800,
Mississauga, Ontario L5C 4R3.
(d) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor
Scarborough ON, M1 P 5A1
Attachment 2 to
Municipality of Clarington Report PSD -025-18
Corporation of the Municipality of Clarington
By-law Number 2018 -
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2016-0010;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. "Section 14.6 "SPECIAL EXCEPTIONS —URBAN RESIDENTIAL TYPE THREE
(R3) ZONE" is hereby amended by deleting and replacing with a new "Urban
Residential Exception (R3-52) Zone" as follows:
14.6.52 URBAN RESIDENTIAL EXCEPTION (R3-52) ZONE
Notwithstanding Sections 14.1, 14.2, 14.3 and 14.4, on those lands zoned "R3-
52" on the Schedules to this By-law shall subject to the following zone provisions:
a. Permitted Residential Uses Link townhouse dwelling
Semi-detached dwelling
b. Density (minimum) 40 units per hectare
C. Lot coverage (maximum) 50%
d. Landscaped Open Space (minimum) 30%
e. Private Street Width (minimum) 6.5 metres
f. Outdoor Amenity Space (minimum) 4.0 square metres
per unit
g. Regulations for Linked Townhouse Dwellings and Semi-detached
Dwellings
i) For the purpose of establishing regulations for each Link
Townhouse Dwelling and Semi-detached Dwelling unit, the
following specific regulations shall apply as if each unit is
located on a lot.
ii) Where a Link Townhouse Dwelling Lot is a through lot with
frontage on both a Public Street or Municipal Park and a
Private Street, the lot line along the Public Street or Municipal
Park shall be deemed the Front Lot Line.
iii) Lot Area (minimum) 120 square metres
iv) Lot Frontage on a Public or Private Street (minimum) 4.5 metres
V) Yard Requirements for units fronting onto Public Street or Municipal
Park (minimum)
(a) Front Yard
i. Dwelling
4.0 metres
ii. Porch
2.0 metres
(b) Rear Yard adjacent to a Private
Street 5.7 metres
(c) Exterior Side Yard
i. Garage
6.0 metres
ii. Dwelling
4.0 metres
iii. Porch
2.0 metres
(d) Interior Side Yard
1.5 metres, nil where a
(c)
building has a common
1.5 metres
wall with any building on
Interior Side Yard
an adjacent lot in the same
zone
(e) Notwithstanding 14.6.52 g. v) (b), an unenclosed and
uncovered deck with a minimum height of 2.5 metres may
encroach in the required rear yard a maximum of 3.7 metres
provided the outdoor parking space is provided at grade.
(f) Where a setback is measured to a lot line formed by a radius
at the intersection of two private streets, the minimum setback
to the dwelling shall be 4.5 metres provided 1 outdoor parking
space is provided.
vi) Yard Requirements for units fronting onto Private Street (minimum)
(a)
Front Yard
i. Garage
6.0 metres
ii. Dwelling
4.0 metres
iii. Porch
2.0 metres
(b)
Rear Yard
7.5 metres
(c)
Exterior Side Yard
1.5 metres
(d)
Interior Side Yard
1.5 metres, nil where a
building has a common
wall with any building on
an adjacent lot in the same
zone
(e) Notwithstanding 14.6.52 g. vi) (a) iii., Where a setback is
measured to a lot line formed by a radius at the intersection of
two private streets, the minimum setback to the unenclosed
porch shall be 1.5 metres.
vii) Building Height (maximum) 12 metres
viii) Driveway Length (minimum) 5.7 metres
h. The provisions of Section 3.1 g. (iv) continue to apply, except where they are in
conflict with the yard requirements for a porch in Section 14.6.52 g. v) (a) ii.,
14.6.52 g. vi) (a) iii., 14.6.52 g. vi) (e), and for a deck in Section 14.6.52 g. v)
(e) of this exception zone."
2. Schedule `3' to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from "Agricultural (A) Zone" to "Holding - Urban Residential
Exception ((H)R3-52) Zone" as illustrated on the attached Schedule `A' hereto.
3. Schedule `A' attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and Section 36 of the Planning Act.
By -Law passed in open session this day of , 20
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
This is Schedule "A" to By-law 2018- , passed this day of , 2018 A.D.
J
m
z
0
o �
Q 0
o z
�
z a
J
LU U
w
CO
OfLU
C7
U
Z
- 0-
T_ PRIN E WILLIAM BOULEVARD
Q
z
O
m
L�
0
0
LU G
P\
zLIJ
C�7 PO\PDQ
GPN
Zoning Change From "A" To "(H)R3-52"
N
Bowmanville • ZBA 2016-0010 • Schedule 3
Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk