HomeMy WebLinkAboutPSD-027-14 Clarhwn REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 5, 2014 Resolution#: -313 -/ By-law#: X01 — 0'1_7
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Report#: PSD-027-14 File#: S-C 2007-0004, ZBA 2013-0012
Subject: APPLICATIONS TO AMEND DRAFT APPROVED PLAN OF SUBDIVISION AND
REZONING TO PERMIT ADDITIONAL LOTS WITH 11.3 METRES FRONTAGE
REQUEST FOR EXTENSION TO DRAFT APPROVAL
APPLICANTS: 2265719 ONTARIO INC., 2084165 ONTARIO LIMITED AND
KIRK C. KEMP
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-027-14 be received;
2. THAT the application to amend Draft Approved Plan of Subdivision (S-C 2007-0004)
submitted by Kevin Tunney on behalf of 2265719 Ontario Inc., 2084165 Ontario Limited
and Kirk C. Kemp to permit additional lots with 11.3 metres of frontage be supported,
subject to the conditions generally as contained in Attachment 2 to Report PSD-027-14;
3. THAT the request for extension to Draft Approval be supported but only for an additional
two years;
4. THAT the Zoning By-law Amendment application submitted by Kevin Tunney on behalf of
2265719 Ontario Inc., 2084165 Ontario Limited and Kirk C. Kemp be approved as
contained in Attachment 3 to Report PSD-027-14;
5. THAT the Architectural Design Guidelines for the Northglen Neighbourhood be amended
to the satisfaction of the Director of Planning Services prior to the registration of the next
phase of development being Phase 1 B;
6. THAT when conditions contained in the Official Plan and Zoning By-law with respect to
the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of
the (H) Holding Symbol be forwarded to Council for approval of each phase;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-027-14 PAGE 2
7. THAT the Region of Durham Planning Department and the Municipal Property
Assessment Corporation be forwarded a copy of Report PSD-027-14 and Council's
decision; and
8. THAT all interested parties listed in Report PSD-027-14 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by:
Da id rome, MCIP, RPP Fra in Wu,
Director of Planning Services Chief Administrative Officer
CS/av/df
April 30, 2014
REPORT NO.: PSD-027-14 PAGE 3
1. APPLICATION DETAILS
1.1 Owners: 2265719 Ontario Inc., 2084165 Ontario Limited, Kirk C. Kemp
1.2 Agent: Kevin Tunney, Tunney Planning Inc.
1.3 Proposal: Proposed amendment to the Draft Approved Plan of Subdivision:
i) To eliminate all lots with 11.0 metres of frontage and introduce
additional lots with 11.3 metres of frontage to permit dwellings with
two car garages. The result is a decrease in the number of residential
units from 1300 to 1282; and
ii) To extend Draft Approval for an additional six (6) years to 2020.
Proposed amendment to the Zoning By-law:
i) To reflect the proposed amendment to the draft approved plan;
ii) To increase the lot coverage from 40% to 45% for the dwelling and
from 45% to 50% for all buildings and structures;
iii) To allow a bungaloft style dwelling with 50% lot coverage;
iv) To allow the garage to project 1.0 metre in front of the dwelling's front
wall or exterior side wall or covered porch projection;
v) To allow an increase in garage widths for dwellings on 11.3 metre and
12.0 metre lots; and
vi) To allow an increase in porch height greater than 1.0 metre.
1.4 Area: 58.4 hectares (144 acres)
1.5 Location: The subject lands are located north of Concession Road 3, east of
Regional Road 57, west of Middle Road being Part Lot 13 and 14,
Concession Road 3, in the former Township of Darlington. These lands are
located in the Northglen Neighbourhood, and referred to as Northglen West,
See Figure 1, next page.
2. BACKGROUND
2.1 In March 2008, Council supported the Director of Planning Services issuing Draft Approval
of Plan of Subdivision S-C 2007-0004, submitted by three land owners, Baysong
Developments Inc., 2084165 Ontario Limited and Kirk and Douglas Kemp. The
implementing zoning by-law amendment, By-law 2008-0065, was approved at that time.
2.2 In July 2008, Baysong Developments Inc. submitted the first amendment to the draft
approved plan of subdivision, in addition to an application for rezoning. The amendment
changed the lotting pattern and the rezoning made adjustments to allow for various
architectural styles for the Baysong lands only. The amendment did not change the road
pattern, the park, school and stormwater management pond blocks or the total number of
lots. The zoning by-law amendment was approved in July 2009, while the amendment to
the draft approved plan did not occur until March 2011, following a change in ownership
and the submission of the required copies of the amended plan.
REPORT NO.: PSD-027-14 PAGE 4
FIGURE 1
Property Location Map(Bowmanville)
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2.3 Subsequently, in 2011, a second amendment to the draft approved plan and rezoning was
approved, again only for the Baysong lands. These lands were acquired by 2265719
Ontario Inc. (Highcastle Homes, Delpark Homes and Esquire Homes) who proposed to
modify the unit mix to allow for a greater diversity of models in the first phase of
development. The amendment, approved in June 2011 resulted in a decrease of
residential units from 1302 to 1300. Subsequently, the applicants advanced to final
approval of Phase 1. Due to sanitary sewage constraints, Phase 1 was further broken down
into Phase 1A and 1B and only Phase 1A has been registered.
2.4 In April 2013, the landowners in Northglen West submitted applications for an amendment
to the draft approved plan and rezoning outside of the limits of Phase 1A. The applicants
made various adjustments to the rezoning application, which delayed the circulation and
scheduling of the Public Meeting.
REPORT NO.: PSD-027-14 PAGE 5
2.5 In August 2013, final approval and the registration of Phase 1A (40M-2497) occurred. It
included 103 singles, 30 semi-detached units and 47 townhouses for a total of 180 units.
The applicants propose registering Phase 1 B once this application for amendment to draft
approval has been considered.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The lands subject to these applications were cleared of brush and trees and rough graded
to permit servicing of Phase 1 B. Homes are currently under construction in Phase 1A. The
balance of the land includes stockpiling of topsoil and apple orchard.
3.2 The surrounding uses are as follows:
North: Rural residential and Quarry Lakes Golf Course
South: Concession Road 3 and beyond, existing urban residential and Hydro One's work
depot
East: Orchards and future residential (Draft Approved Plan of Subdivision S-C 2007-0005
also known as Northglen East)
West: Regional Road 57 and beyond, estate residential and the Bowmanville Creek Valley
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement (PPS)
The Provincial Policy Statement encourages planning authorities to create healthy livable
and safe communities by accommodating an appropriate range and mix of residential,
employment, recreational and open space uses to meet long term needs. New
development shall occur adjacent to built up areas, taking advantage of existing and
planned infrastructure, and shall have compact form, and a mix of uses and densities. The
development allows for the efficient use of land, infrastructure and public services. The
proposed draft plan of subdivision continues to offer a range of housing types and densities.
The subject applications are consistent with the PPS.
4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan)
The Growth Plan encourages municipalities to manage growth by directing population
growth to settlement areas. Growth is to be accommodated by building compact, transit-
supportive communities in designated greenfield areas with a region-wide density of 50 jobs
and persons per hectare. The proposal is approximately 63 persons and jobs per hectare.
Growth shall also be directed to areas that offer municipal water and wastewater systems.
The subject applications conform to the Growth Plan.
REPORT NO.: PSD-027-14 PAGE 6
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject lands as Living Area. The intent
of this designation is to permit the development of primarily residential areas with defined
boundaries, incorporating the widest possible range of housing types, sizes and tenure,
developed in an efficient and cost effective manner.
The subject applications conform to the Durham Regional Official Plan.
5.2 Clarington Official Plan
The lands within the draft approved plan of subdivision are designated Urban Residential
within the Clarington Official Plan, with symbols for a neighbourhood park, public
elementary school and for medium and high density. A Neighbourhood Centre designation
is at the northeast corner of Regional Road 57 and Concession Road 3 which allows for
limited retail and service commercial uses.
The subject applications continue to be in conformity with the approved land use
designations for the neighbourhood.
6. ZONING BY-LAW
6.1 Within Comprehensive Zoning By-law 84-63, as amended, the subject lands have a number
of different zones all subject to a holding provision. The existing zones allow a variety of
housing forms including single detached dwellings on various frontages; semi-detached,
townhouses and three (3) storey apartment buildings. The mixed use block is zoned
"Agricultural Exception (A-1) Zone" and will remain as such until a comprehensive site plan
is submitted and approved. A Zoning By-law amendment will be required in order to
implement the amendment to draft plan approval.
7. PUBLIC MEETING AND SUBMISSIONS
7.1 A Public Meeting was held on November 25, 2013. No one appeared in support or
opposition to the proposal.
8. AGENCY COMMENTS
8.1 Given the minor changes to the draft plan and zoning by-law Staff only circulated to the
Kawartha Pine Ridge District School Board which offered no objection to the amendment
and requested that the subdivider enter into an Option Agreement with the Board for the
Public Elementary School prior to registering Phase 3.
REPORT NO.: PSD-027-14 PAGE 7
9. DEPARTMENTAL COMMENTS
9.1 Engineering Services Department
The Engineering Services Department approved the Stormwater Management Plan for
major and minor flows with the initial approval in 2008. In April 2009, revised storm sewer
design sheets for the entire subdivision were submitted based on increased runoff co-
efficient as currently proposed and demonstrated that size of the stormwater management
pond and pipes would not be compromised by the proposed lotting adjustments and
increase in lot coverage. As such, the Engineering Services Department do not object to
the application.
10. DISCUSSION
10.1 Proposed Amendments to the Draft Approved Plan
• Lotting pattern
Similar to the previous amendments the road pattern, the park, school and
stormwater management pond blocks have not changed. The proposed amendment
eliminates all the 11 metre wide lots and introduces more 11.3 metre lots which
changes the lotting sizes in the entire draft plan, particularly the 12 metre singles and
7 metre townhouses. A lot with 11.3 metres of frontage is desirable because it is the
minimum lot size for a dwelling with an attached two car garage.
The chart below shows the changes to the draft plan over the various amendments.
Unit Type Current
Phase l : Proposed :.:Total Lots .
Draft (40M -2497) Units in Registered
Approval Future and
June 2011 Phases Proposed
Draft'
Approval
10 m single 174 55 125 180
11.0 m single 194 - - -
11.3 m single - 3 202 205
12 m single 354 37 351 388
13.5 m single 119 8 100 108
15 m single 10 10 10
18 m semi 54 30 .0 30
7m townhouse 181 47 100 147
Block townhouse 88 88 88
Mixed use 126 126 126
TOTAL 1300 180 1102 1282
The result is a net decrease of residential units from 1300 to 1282.
REPORT NO.: PSD-027-14 PAGE 8
Revised Conditions of Draft Approval
The Conditions of Draft Approval were originally approved in 2008, with minor
amendments to reflect the changes in the unit count.
The original conditions were quite extensive and included conditions on the phasing
and timing of road infrastructure improvements on Concession Road 3, Middle Road
and Regional Road 57, including street lighting, sidewalks, turning lanes and traffic
signals. In addition, the conditions set out the timing for the construction of the
Neighbourhood Park based on the number of building permits issued such that the
construction of the park was to commence at the 151St building permit and be
completed at the 200th building permit.
The original phasing plan anticipated over 325 residential units in the first phase,
however with the number of units significantly reduced in Phase 1'A to 180 units, the
timing for the construction of the park has been adjusted based on the number of
building permits proposed in Phase 1 B and Phase 2, such that park construction will
commence at the 181St building permit and will be completed by the 230th building
permit.
In addition, the Kawartha Pine Ridge District School Board has advised that it will
require the developers to enter into a Option Agreement upon registration of Phase
3, as such the school site may be required in advance of the phase in which it is
situated. The conditions now state that should the site be required in an earlier
phase, then the school site must be made available with frontage on Northglen
Boulevard. In addition, Northglen Boulevard must be constructed from its current
terminus at Edwin Carr Street to Middle Road, prior to occupancy of the school site.
10.2 Extension to Draft Approval for an additional 6 years to 2020
Northglen West and East were originally draft approved with a 6 year expiry date, ending in
June 23, 2014. The 6 year timeframe was given because of the large number of units
between both draft plans, being 1660 units, and the phasing of infrastructure works to
support the development. Two major issues have slowed down the development of the
Northglen West site, the former Baysong site sat idle for a few years during litigation prior to
being purchased by 2265719 Ontario Inc., and the lack of sewer capacity at the Port
Darlington Water Pollution Control Plan which restricted the number of units in Bowmanville
and the Northglen Neighbourhood.
At the time that these plans were considered, the Municipality had concerns about these
plans being proposed for the most part in areas beyond the 10 year period identified in the
Development Charges Study, which at the time was beyond 2015. Only the southerly
portion was within the then anticipated growth area. At the time, these developers argued
that if the Municipality approved more plans, then the rate of growth would pick up due to
greater consumer choice and marketing. As staff anticipated, this did not happen. Prior to
approval, a Financial Impact Analysis was undertaken. This led to the developer being
responsible for some components of the infrastructure improvements required prior the
timeframe identified in the development charges regime.
REPORT NO.: PSD-027-14 PAGE 9
A key consideration for extension of draft approval is whether the plan reflects current
Provincial Policy, Official Plan policy, urban design policies and municipal design standards.
A long outstanding banked approval may lead to development that is contrary to current
policy or design standards (e.g. reverse frontage lots) and frustrate the implementation of
municipal objectives such as active transportation, low impact development, energy
conservation and environmental protection standards. Therefore, at the time of renewal,
there can be consideration to the changing policy landscape.
The Municipality is on the cusp of considering new Official Plan and Transportation Master
Plan policies. It is recommended that the extension to draft approval only be provided for a
period of 2 years and that the developer be put on notice that a further extension will trigger
a comprehensive review of the plan of subdivision.
10.3 Amendment to Zoning By-law
The requested changes to the zoning by-law provided an opportunity to review the zoning
on the entire draft plan to ensure it is consistent and make minor corrections. Staff met with
the applicants' agent and the architect on several occasions to review the zoning in the
context of the housing styles. In some instances, requested changes are not supported by
staff and were discussed with the applicant's agents prior to preparing this report. In other
instances, compromises were made by both the applicant and staff.
Increase in lot coverage
The applicants have requested a lot coverage increase from 40% to 45% for the dwelling
and from 45% to 50% for all buildings and structures. Additional information on the
stormwater management system was submitted and confirms adequate capacity in the
minor system, major system and the stormwater to accommodate the proposed increase in
lot coverage. However, in 2009 the applicant amended the Zoning By-law to eliminate
unenclosed porches from lot coverage provisions, which means the 40% lot coverage does
not include porches. The current request is an increase to 45% while eliminating the
unenclosed porch from the lot coverage provision. This increase in lot coverage results in
much larger homes on conventional lot sizes and is not supported by Staff.
Bungalows with a loft
The applicants have one storey models and offer an optional loft above the ground floor
referred to as a bungaloft. The lot coverage provided for one storey dwellings is 50%.
However, the proposed bungaloft allows up to an additional 50% of the dwelling ground
floor to be constructed in essentially attic space generally without altering the appearance
or size of the building. The applicant would like the bungaloft to be considered with 50% lot
coverage. The bungaloft is a desirable product and Staff are recommending a bungaloft
with 45% lot coverage.
REPORT NO.: PSD-027-14 PAGE 10
Garage Proiection
The applicants have requested garages to project 1.0 metre from the dwellings front wall
or exterior side wall or covered porch on 50% of the lots on any given zone. More 11.3
metre lots will increase the total number of units with two-car garages on any given street.
Staff are not adverse to limited garage projections on any given street and recommend
that the Northglen Neighbourhood Architectural Design Guidelines be amended to permit
a maximum of 25% of the lots on any given street to have garage projections up to 1.0
metre in front of the dwellings front wall or covered porch.
Increase in porch height.
The applicants have asked for an increase in the porch height greater than 1.0 metre
allowed in the Zoning By-law. An increased porch height will require a greater number of
risers on the outside of the dwelling and will not create an appropriate relationship
between the dwelling, garage and street, particularly since the setbacks to the porch may
be only 2.0 metres and 4.0 metres to the dwelling. This request is not supported by Staff.
The internal design of the dwelling can be modified with stairs to deal with grade issues.
10.4 Tax Status
The Finance Department advises that the taxes for the subject properties are have been
paid in full.
11. CONCLUSION
11.1 In consideration of the comments received from circulated agencies and based on review of
the proposal, staff recommends that the proposed amendment to Draft Approved Plan of
Subdivision and Zoning By-law Amendment be supported.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Cynthia Strike, Principal Planner
Attachments:
Attachment 1 - Amendment to Draft Plan
Attachment 2 - Amendment to Conditions of Draft Approval
Attachment 3 - Proposed Zoning By-law Amendment.
List of interested parties to be notified of Council's decision:
Kevin Tunney
Nick Mensink
Kirk Kemp
2084164 Ontario Limited
2265719 Ontario Inc.
O T I a C 0 N C C S S I 0 N 3 A 0 R I C UIL T U P A L 1 0 T 1 3 C 0 1 C E 5 S 1 0 1 3 1 1 L 0 T 7 2 C 0 N C E S S 0 N 3
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ATTACHMENT 2
TO REPORT PSD-027-14
AMENDMENT TO CONDITIONS OF DRAFT APPROVAL
FILE NO.: S-C-2007-0004 (NORTHGLEN WEST)
DATE : MAY 5, 2014
The Conditions of Draft Approval for S-C 2007-0005 as issued on May 28, 2008, and
amended on April 15, 2011 and June 15, 2011, are hereby further amended as follows:
1. Condition 1 is deleted and replaced with the following:
1. The Owner shall have the final plan prepared on the basis of approved
draft plan of subdivision S-C 2007-0004, prepared by Tunney Planning
Inc. identified as Project Number 549-1, original submission dated
February, 2006 and as revised in February 2008, and draft approved as
red-line revised May 2008, as amended on March 31, 2011, further
revised on January 2014, which now illustrates 1290 residential units
consisting of 774 single detached units, 181 street townhouse units, 88
block townhouse units, a mixed use block containing 126 residential units,
commercial floorspace, stormwater management pond, and blocks for a
public elementary school, a park and a parkette, road widening, 0.3 metre
reserves, landscape strips and open space."
2. The following new conditions be inserted as new Conditions 27 and 28.
"27. 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. 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. 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.
28. Prior to final registration of any phase, the Owner shall provide a Soils
Management Plan for review and approval by the Director of Engineering
Services. Such plan shall provide information respecting 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. 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."
3. All other conditions thereafter be renumbered consecutively.
4. Condition 35, is hereby deleted in its entirety and replaced with the following:
"Until such time as the Owner has entered into an Option Agreement with the
Kawartha Pine Ridge District School Board, the Owner agrees to construct a
gravel parking lot suitable for 25-30 vehicles adjacent to the park on school block
(formerly Block 951). The parking lot access will be from Northglen Boulevard. A
gravel path will also be required to connect the parking lot to the park.
In addition, should the Kawartha Pine Ridge District School Board not require
former Block 951 for school purposes the Owner will be required to convey the
parking lot and associated land to the Municipality of Clarington at no additional
cost."
5. -Existing Condition 37 is hereby deleted in its entirety and replaced with the
following:
"37. The Owner agrees to commence construction of the park Block 130 (40M
2497), at the issuance of the 181st building permit. The Owner agrees to
complete the construction in accordance with the approved construction
drawings and specification prior to the issuance of the 230th building
permit".
6. Existing Condition 54 is hereby deleted in its entirety and replaced with the
following:
"54. The Owner shall adhere to the Region of Durham Well Interference Policy
(2008)"
7. That Notes to Draft Approval number 1 be deleted and replaced as follows:
"The final approval date must be within two years of the extension to draft approval
(May 12, 2016); should no further extensions be granted, draft approval shall lapse
and the file shall be closed. Any future request for extensions to draft approval
must consider any policy updates resulting from the current Clarington Official Plan
review and Northglen Neighbourhood/ Secondary Plan, as well as
recommendations from the active transportation network portion of the
Municipality's Transportation Master Plan (in particular walking and cycling) in the
Northglen Neighbourhood. Future requests for extensions may require changes to
the portions of the draft approved plan of subdivision and/or conditions that has not
received final approval prior to the next lapsing date."
ATTACHMENT
TO REPORT PSD-027-14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-_
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
2013-0022;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. SECTION 12.4.74 URBAN RESIDENTIAL EXCEPTION (R1-74)ZONE is hereby
amended by:
Deleting Section c. ii) in its entirety and replaced with a new c. ii) and adding a new c. iii)
as follows:
c. ii) Exterior Side Yard 6.0 metres to private garage or carport
4.0 metres to dwelling
2.0 metres to porch
iii) Interior side yard 1.2 metres with private garage or carport
Without private garage or carport
3.0 metres on one side, 1.2 metres on the other side
Deleting d. i) in its entirety and replacing it with the following:
d. Special Yard Regulations
i) Bay windows with foundations may project into any required yard to a distance of
not more than 0.75 metres with the bay window having a maximum width of 3.0
metres, but in no instance shall the interior side yard be reduced below 0.6
metres.
Adding a new ii)as follows:
I. i) In addition to the regulations of Section 3.11 with respect to the removal of the
"Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H)
symbol from the lands zone (H)R1-74 on Schedule 1 to this By-law located.within
70 metres of the boundary of lands identified by roll number 18-17-010-080-
15900, at such time as:
ii) The"Motor Vehicle Wrecking Yard"use of the lands identified as 18-17-010-080-
15900 has ceased;
iii) The vehicles and motor vehicles parts on the lands identified as 18-17-010-080-
15900 has been removed from the property; and
iv) A Record of Site Condition has been submitted for said lands zoned (H)R1-74.
2. Section 13.4 "SPECIAL EXCEPTIONS — URBAN RESIDENTIAL TYPE (R2) ZONE" is
hereby amended as follows:
The provisions of SECTION 13.4.54 URBAN RESIDENTIAL EXCEPTION (R2-54) ZONE
are deleted in their entirety and replaced with the following provisions as follows:
"Notwithstanding Sections 3.1 j), 1), iv); 3.22, 13.2 a); b); c) i), ii), iii), e), and g) on those
lands zoned R2-54 on Schedules to this By-law shall be subject to the following
regulations:
a. For the purposes of this Section, the term Bungaloft shall mean a one storey dwelling
with a partial second storey that is not more than 50% of the ground floor area of the
dwelling (excluding the garage); the habitable area of the second storey is contained
within the roof area and may have domers on the front or rear elevations not more
than 33%of the width of the wall of the dwelling, directly below, including garage.
b. Lot Area (minimum) 330 square metres
c. Lot Frontage (minimum)
I) Interior 11.3 metres
ii) Exterior 14.3 metres
d. Yard Requirements
I) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard With private garage or carport
1.2 metres on one side;
0.6 metres on the other side;
Without private garage or carport
3.0 metres on one side
1.2 metres on the other side
e. Special Yard Regulations
i) Bay windows with foundations may project into any required yard to a distance of
not more than 0.75 metres with the bay window having a maximum width of 3.0
metres, but in no instance shall the interior side yard be reduced below 0.6
metres.
f. Lot Coverage (maximum)
i) 1 storey
a. Dwelling 50 percent
b. Total of all buildings and structure 55 percent
ii) Bungaloft
a. Dwelling 45 percent
b. Total of all buildings and structure 50 percent
iii) All other residential units
a. Dwelling 40 percent
b. Total for all buildings and structures 45 percent
iv) Notwithstanding the above lot coverage provision, a'covered and unenclosed
porch/balcony having no habitable floor space above it, shall be permitted subject
to the following:
a) In the case of an interior lot, an unenclosed porch/balcony up to a maximum
area of 12.0 square metres shall be permitted provided it is located in the
front yard of the lot and shall not be calculated as lot coverage.
b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum
area of 20.0 square metres shall be permitted provided it is located in the
front and/or exterior side yard of the lot and shall not be calculated as lot
coverage
g. Height of floor deck of unenclosed porch above
finished grade(maximum) 1.0 metre
h. Height(maximum)
1 storey 8.5 metres
All other residential dwellings 10.5 metres
I. Garage Requirements
I) The outside width of the garage shall be a maximum of 6.4 metres
j. Visibility Triangle 6.5 metres
k. In addition to the regulations of Section 3.11 with respect to the removal of the
"Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H)
symbol from the lands zone (H)R2-54 on Schedule 1 to this By-law located within 70
metres of the boundary of lands identified by roll number 18-17-010-080-15900, at
such time as:
I) The"Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-010-080-
15900 has ceased;
ii) The vehicles and motor vehicles parts on the lands identified as 18-17-010-080-
15900 has been removed from the property; and
iii) A Record of Site Condition has been submitted for said lands zoned (H)R2-54.
3. The provisions of SECTION 13.4.55 URBAN RESIDENTIAL EXCEPTION (R2-55) ZONE
are deleted in their entirety and replaced the following provisions as follows:
Notwithstanding Sections 3.1 j), i), iv); 3.22, 13.2 a); b), c) i), ii), iii), e); and g) on those
lands zoned R2-55 on the Schedules to this By-law shall be used subject to the following
regulations:
a. For the purposes of this Section, the term Bungaloft shall mean a one storey dwelling
with a.partial second storey that is not more than 50% of the ground floor area of.the
dwelling (excluding the garage); the habitable area of the second storey is contained
within the roof area and may have dormers on the front or rear elevations not more
than 33%of the width of the wall of the dwelling,directly below, including garage.
b. Lot Area (minimum) 405 sq. metres
c. Lot Frontage(minimum)
i) interior' 13.5 metres
ii) exterior 16.5 metres
d. Yard Requirements
I) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard With private garage or carport
1.2 metre on one side and 0.6
metres on the other;
Without private garage or carport
3.0 metres on one side
1.2 metres on the other side
e. Special Yard Regulations
I) Bay windows with foundations may project into any required yard to a distance of
not more than 0.75 metres with the bay window having a maximum width of 3.0
metres, but in no instance shall the interior side yard be reduced below 0.6
metres.
ii) Steps may project into the required front or exterior side yard, but in no instance
shall the front or exterior side yard be reduced below 1.0 metre.
f. Lot Coverage(maximum)
i) 1 Storey
a) Dwelling 50 percent
b) Total of Buildings and Structures 55 percent
ii) Bungaloft
a) Dwelling 45 percent
b) Total of all buildings and structure 50 percent
iii) All other residential units
a) Dwelling 40 percent
b) Total of all Building or Structures 45 percent
iv) Notwithstanding the above lot coverage provision, a covered and unenclosed
porch/balcony having no habitable floor space above it, shall be permitted subject
to the following:
a) In the case of an interior lot, an unenclosed porch/balcony up to a maximum
area of 12.0 square metres shall be permitted provided it is located in the front
yard of the lot and shall not be calculated as lot coverage.
b), In the case of an exterior lot, an unenclosed porch/balcony up to a maximum
area of 20.0 square metres shall be permitted provided it is located in the front
and/or exterior side yard of the lot and shall not be calculated as lot coverage.
g. Garage Requirements
i) The outside width of the garage shall be a maximum of 6.4 metres
h. Height of floor deck of unenclosed porch above
finished grade(maximum) 1.0 metres
I. Height(maximum)
i) 1 Storey dwelling 8.5 metres
ii) All other residential units 10.5 metres
j. Visibility Triangle 6.5 metres
k. In addition to the regulations of Section 3.11 with respect to the removal of the
"Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H)
symbol from the lands zone (H)R2-55 on Schedule 1 to this By-law located within 70
metres of the boundary of lands identified by roll number 18-17-010-080-15900, at
such time as:
i) The "Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-010-080-
15900 has ceased;
ii) The vehicles and motor vehicles. parts on the lands identified as 18-17-010-080-
15900 has been removed from the property; and
iii) A Record of Site Condition has been submitted for said lands zoned (H)R2-55.
4. The provisions of SECTION 13.4.57 URBAN RESIDENTIAL EXCEPTION (R2-57) ZONE
are deleted in their entirety and replaced with the following provisions as follows:
Notwithstanding Sections 3.1 j), i), iv); 3.22, 13.2 a); b), c) i), ii), iii), e); and g) on those
lands zoned R2-57 on the Schedules to this By-law shall be subject to the following
regulations:
a. Lot Area (minimum) 300 square metres
b. Lot Frontage(minimum)
i) Interior Lot 10.0 metres
ii) Exterior Lot 13.0 metres
c. Yard Requirements
i) Front Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
ii) Exterior Side Yard 6.0 metres to private
garage or carport;
4.0 metres to dwelling;
2.0 metres to porch
iii) Interior Side Yard With private garage or carport
1.2 metres on one side and 0.6
metres on the other;
Without private garage or carport
3.0 metres on one'side
1.2 metres on the other side
d. Special Yard Regulations
i) Bay windows with foundations may project into any required yard to a distance df
not more than 0.75 metres with the bay window having a maximum width of 3.0
metres, but in no instance shall the interior side yard be reduced below 0.6
metres.
e. Lot Coverage(maximum)
i) 1 Storey
a) Dwelling 50 percent
b) Total of Buildings and Structures 55 percent
ii) All other residential units
a) Dwelling 40 per
b) Total of all Buildings and Structures 45 percent
iii) Notwithstanding the above lot coverage provision, a covered and unenclosed
porch/balcony having no habitable floor space above it, shall be permitted subject
to the following:
a) In the case of an interior lot, an unenclosed porch/balcony up to a maximum
area of 12.0 square metres shall be permitted provided it is located in the
front yard of the lot and shall not be calculated as lot coverage.
b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum
area of 20.0 square metres shall be permitted provided it is located in the
front and/or exterior side yard of the lot and shall not be calculated as lot
coverage
f. Height(maximum)
i) 1 Storey dwelling 8.5 metres
ii) All other residential units 10.5 metres
g. Garage Requirements
i) Garage doors may.project no more than 1.0 metre in front of the dwellings
first floor front wall or exterior side wall or covered porch projection;
ii) The outside width of the garage shall.be a maximum of 4 metres
h. Height of floor deck of unenclosed porch
above finished grade(maximum) 1.0 metre
i. Visibility Triangle 6.5 metres
j. In addition to the regulations of Section 3.11 with respect to the removal of the
"Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H)
symbol from the lands zone (H)R2-57 on Schedule 1 to this By-law located within
70 metres of the boundary of lands identified by roll number 18-17-010-080-15900,
at such time as:
i) The"Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-010-
080-15900 has ceased;
ii) The vehicles and motor vehicles parts on the lands identified as 18-17-010-
080-15900 has been removed from the property; and
iii) A Record of Site Condition has been submitted for said lands zoned (H)R2-
57.
5. SECTION 14.6.31 URBAN RESIDENTIAL EXCEPTION (R3-31) ZONE is hereby
amended by:
Renumbering the existing Section 14.6.31 f)to g)and adding a new f)as follows.
f. Visibility Triangle 6.5 metres
6. SECTION 14.6.32 URBAN RESIDENTIAL EXCEPTION (R3-32)ZONE is hereby
amended by:
Adding Sections 3.1 j), i)iv); 3.22,to the notwithstanding provisions.
Replacing Section 14.6.32 d)with a new Section d)as follows:
d. Special Yard Regulations
i) Bay windows with foundations may project into any required yard to a distance of
not more than 0.75 metres with the bay window having a maximum width of 3.0
metres, but in no instance shall the interior side yard be reduced below 0.6 metres.
ii) Steps may project into the required front or exterior side yard, but in no instance
shall the front or exterior side yard be reduced below 1.0 metre
Adding new Section e),f),g)and h)as follows:
e. Notwithstanding the above lot coverage provision, a .covered 'and unenclosed
porch/balcony having no habitable floor space above it, shall be permitted subject to
the following:
a) In the case of an interior lot, an unenclosed porch/balcony up to a maximum area
of 12.0 square metres shall be permitted provided it is located in the front yard of
the lot and shall not be calculated as lot coverage.
b) In the case of an exterior lot, an unenclosed porch/balcony up to a maximum
area of 20.0 square metres shall be permitted provided it is located in the front
and/or exterior side yard of the lot and shall not be calculated as lot coverage.
f. Height of floor deck of unenclosed porch
above finished grade (maximum) 1.0 metre
g. Visibility Triangle 6.5 metres .
h) In addition to the regulations of Section 3.11 with respect to the removal of the
"Holding (H)" symbol, Council shall only enact a by-law to remove the Holding (H)
symbol from the lands zone (H)R3-32 on Schedule 1 to this By-law located within 70
metres of the boundary of lands identified by roll number 18-17-010-080-15900, at
such time as:
i) The"Motor Vehicle Wrecking Yard" use of the lands identified as 18-17-010-080-
15900 has ceased;
ii) The vehicles and motor vehicles parts on the lands identified as 18-17-010-080-
15900 has been removed from the property;and
iii) A Record of Site Condition has been submitted for said lands zoned (H)R3-32.
7. SECTION 14.6:35 URBAN RESIDENTIAL EXCEPTION (R3-35) ZONE is hereby
amended as follows:
Section 14.6.35 b) iii) is hereby amended by deleting the word "width" in both instances;
Section 14.6.35 b) v) is hereby amended by deleting the word "width" and deleting "4.0
metres"and replacing it with "4.5 metres".
Section 14.6.35 b)iii)v)and vi)and f)is amended as follows:
b. iii) the word"width is deleted in both instances;
v) the word "width" is deleted; and "4.0 metres is deleted and replaced
with "4.5 metres";
vi) is deleted in its entirety.
f. The following words are deleted:
"The following stacked townhouse dwellings regulations shall be provided';
and replaced with:
"In addition to the provisions of 14.6.35 c) the following provisions shall apply to
stacked townhouse dwellings."
8. Schedule"3"to By-law 84-63 as amended, is hereby further amended by changing the zone
designation from:
"Holding-Urban Residential Exception((H) R1 -75)Zone"to "Holding-Urban Residential
Exception ((H)R2-54)Zone"
"Holding-Urban Residential Exception ((H) R1 -75)Zone"to"Holding-Urban Residential
Exception ((H)R2-57)Zone"
"Holding-Urban Residential Exception ((H) R1 -75)Zone"to"Holding-Urban Residential
Exception ((H)R3-35)Zone"
"Holding-Urban Residential Exception ((H) R2-53)Zone"to "Holding-Urban Residential
Exception ((H)R2-54)Zone"
"Holding-Urban Residential Exception ((H)R2-53)Zone"to"Holding-Urban Residential
Exception ((H)R2-57)Zone"
"Holding-Urban Residential Exception ((H)R2—54)Zone"to"Holding-Urban Residential
Exception ((H)R2-57)Zone"
"Holding-Urban Residential Exception ((H)R2-55)Zone"to"Holding-Urban Residential
Exception ((H)R2-54)Zone"
"Holding-Urban Residential Exception ((H) R2-55)Zone"to"Holding-Urban Residential
Exception ((H)R2-57)Zone"
"Holding-Urban Residential Exception ((H)R2-56)Zone"to"Holding-Urban Residential
Exception ((H)R2-54)Zone"
"Holding-Urban Residential Exception ((H)R2-56)Zone"to"Holding-Urban Residential
Exception((H)R2-55)Zone"
"Holding-Urban Residential Exception ((H)R2-60)Zone"to"Holding-Urban Residential
Exception((H)R2-54)Zone"
"Holding-Urban Residential Exception ((H) R2=65)Zone"to"Holding-Urban Residential
Exception ((H)R2-54)Zone"
"Holding-Urban Residential Exception ((H) R2-65)Zone"to"Holding-Urban Residential
Exception ((H)R2-57)Zone"
"Holding-Urban Residential Exception ((H) R2-65)Zone"to"Holding-Urban Residential
Exception ((H)R3-35)Zone"
"Holding-Urban Residential Exception ((H)R2-66)Zone"to"Holding-Urban Residential
Exception ((H)R2-54)Zone"
"Holding-Urban Residential Exception ((H)R2-66)Zone"to"Holding-Urban Residential
Exception ((H)R2-55)Zone"
"Holding-Urban Residential Exception ((H) R2-66)Zone"to"Holding-Urban Residential
Exception ((H)R2-57)Zone"
"Holding-Urban Residential Exception ((H)R2-66)Zone"to"Holding-Urban Residential
Exception ((H)R3-35)Zone"
"Holding-Urban Residential Exception ((H)R2-67)Zone"to"Holding-Urban Residential
Exception ((H)R2-54)Zone"
"Holding-Urban Residential Exception ((H) R2-67)Zone"to"Holding-Urban Residential
Exception ((H)R2-55)Zone"
"Holding-Urban Residential Exception ((H)R2-67)Zone"to"Holding-Urban Residential
Exception ((H)R2-57)Zone"
"Holding-Urban Residential Exception ((H) R2-56)Zone"to"Holding-Urban Residential
Exception ((H)R3-35)Zone"
"Holding-Urban Residential Exception ((H) R2-68)Zone"to"Holding-Urban Residential
Exception ((H)R2-54)Zone"
"Holding-Urban Residential Exception ((H) R2-68)Zone"to"Holding-Urban Residential
Exception ((H)R2-55)Zone"
"Holding-Urban Residential Exception ((H)R2-69)Zone"to"Holding-Urban Residential
Exception ((H)R2-54)Zone"
"Holding-Urban Residential Exception ((H)R2-69)Zone"to "Holding-Urban Residential
Exception ((H)R2-57)Zone"
"Holding-Urban Residential Exception ((H)R3-35)Zone"to"Holding-Urban Residential
Exception ((H)R2-54)Zone"
"Holding-Urban Residential Exception ((H)R3-35)Zone"to"Holding-Urban Residential
Exception ((H)R2-57)Zone"
9. Schedule"A"attached hereto shall form part of this By-law.
10, This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
BY-LAW passed in open session this day of 2014.
Adrian Foster, Mayor
Anne Greentree, Deputy Clerk
i
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Schedule "A" Zoning Legend
® Zoning Change From"(H)R1-75"To"(H)R2-54"
Zoning Change From"(H)R1-75"To"(H)R2-57"
Zoning Change From"(H)R1-75"To"(H)R3-35"
Zoning To Remain"(H)R1-74"
Zoning To Remain"R1"
Zoning To Remain"R1-42"
® Zoning Change From"(H)R2-53"To"(H)R2-54"
® Zoning Change From"(H)R2-53"To"(H)R2-57"
Zoning Change From"(H)R2-54"To"(H)R2-57"
® Zoning Change From"(H)R2-55"To"(H)R2-54"
Zoning Change From"(H)R2-55"To"(H)R2-57"
Zoning Change From"(H)R2-56"To"(H)R2-54"
Zoning Change From"(H)R2-56"To"(H)R2-55"
Zoning Change From"(H)R2-60"To"(H)R2-54"
Zoning Change From"(H)R2-65"To"(H)R2-54"
Zoning Change From"(H)R2-65"To"(H)R2-57"
Zoning Change From"(H)R2-65"To"(H)R3-35"
Zoning Change From"(H)R2-66"To"(H)R2-54"
Zoning Change From"(H)R2-66"To"(H)R2-55"
7 Zoning Change From"(H)R2-66"To"(H)R2-57"
Zoning Change From"(H)R2-66"To"(H)R3-35"
® Zoning Change From"(H)R2-67"To"(H)R2-54"
Zoning Change From"(H)R2-67"To"(H)R2-55"
Zoning Change From"(H)R2-67"To"(H)R2-57"
Zoning Change From"(H)R2-67"To"(H)R3-35"
Zoning Change From"(H)R2-68"To"(H)R2-54"
Zoning Change From"(H)R2-68"To"(H)R2-55"
® Zoning Change From"(H)R2-69"To"(H)R2-54"
rr ;
zoning Change From"(H)R2-69"To"(H)R2-57"
Zoning To.Remain"(H)R2-54"
Zoning To Remain"(H)R2-55"
® Zoning Change From"(H)R3-35"To"(H)R2-54"
Zoning Change From"(H)R3-35"To"(H)R2-57"
Zoning To Remain"(H)R3-31"
Zoning To Remain"(H)R3-32"
?•' Zoning To Remain"(H)R3-35"
Zoning To Remain"(H)R3-36"
Zoning To Remain"A-1"
Zoning To Remain"EP"