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HomeMy WebLinkAboutBy-law 7312/13 The Corporation of the City of Pickering By-law'No. 7312/13 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 11 and Lots 12 & 13 Plan 175, Part 1, Plan 40R-11659, City of Pickering {SP-2013-01 &A 2/13) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lot 11, Lots 12 & 13 Plan 175, Part 1, Plan 40R-11659, in the City of Pickering to permit the development of 51 lots for detached dwellings, a block containing a heritage property, an open space block and a public road. And whereas it is appropriate to amend By-law 2511, as amended, to permit such uses; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedules I, II and Ill Schedule I, Schedule I I and Schedule III attached'hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands being Part of Lot 11, Lots 12 & 13, Plan 175, Part 1, Plan 40R-11659, in the City of Pickering, designated "R4-22", "R4-HL", "(H) R4-22" and "OS-HL" on Schedule I attached hereto. 3. General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the:provisions of this By-law. 4. Definitions In this By-law, (1) "Bay, Bow, Box Window" shall mean a window that protrudes from the main wall, usually bowed, canted, polygonal, segmental, semicircular or ' square sided with window on front face in plan; one or more storeys in ' height, which may or may not include a foundation; may or may not include a window seat; and may include a door; . • By-law No. 7312/13 Page 2 (2) (a) . "Dwelling" shall mean a building or part of a building containing one or more dwelling units but does not include a mobile home or trailer;, (b) "Dwelling Unit" shall mean a one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwelling, Detached" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures. (3) (a) "Floor Area— Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (b) "Gross Floor Area— Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar. (4) (a) "Height, Building" shall mean the vertical distance between the established grade, at the front of the house, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height between eaves and ridge. (5) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or a group of buildings as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; - (b) "Lot Coverage"shall mean the combined areas of all the buildings on the lot measured at the level of the first floor and expressed as a percentage of the lot area; (c) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line. (6) (a) "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles,in which no business or service is conducted for profit or otherwise. (7) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open uncovered and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically • permitted thereon; By-law No. 7312/13 Page 3 (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lots; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard; • (k) "Wall, Front" shall mean the wall of the dwelling closest to the front lot line. By-law No. 7312/13 Page 4 5. Provisions ("R4-22" Zone) (1) Uses Permitted (R4-22" Zone) (a) No person shall, within the lands zoned "R4-22" on Schedule attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) detached dwelling (2) Zone Requirements ("R4-22" Zone) No person shall within the lands designated "R4-22" on Schedule attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: • (i) Lot Frontage (minimum): A ' 16.0 metres B 14.0 metres for lots in the hatched and cross hatched areas as shown on Schedule II attached to this by-law (ii) Lot Area (minimum): 460 square metres (iii) Front Yard Depth (minimum): A 7.5 metres for lots fronting Park Crescent B 4.5 metres to the dwelling and 6.0 metres to the garage for all other lots (iv) Side Yard Width (minimum): A 1.2 metres B 2.0 metres on the south side yard of the properties abutting existing residential to the south along Cliffview Road and Park Crescent,as shown on • Schedule III attached to this by-law (v) Flankage Side yard width (minimum): 2.7 metres (vi) Rear Yard Depth (minimum): 7.5 metres . By-law No. 7312/13 Page 5 (vii) Building Height (maximum): ■ A 9.0 metres for all properties fronting or adjacent to Park Crescent with a front yard depth less than 10.0 metres B 9.5 metres for all properties fronting or adjacent to Park Crescent with a minimum front yard depth of 10.0 metres C 10.0 metres for all properties fronting or adjacent to Park Crescent with a minimum front yard depth of 12.5 metres D 10.7 metres for all properties fronting or adjacent to Park Crescent with a minimum front yard depth of 15.0 metres E 10.7 metres for properties fronting Cliffview Road and not abutting Park Crescent (viii) Lot Coverage (maximum): A 33 percent B 40 percent for lots in the cross hatched and dashed ° areas as shown on Schedule II attached to this by-law (x) Garage Requirements: minimum one private garage per lot and the vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining or abutting a reserve on the opposite side of which is the street (xi) Garage Projection (maximum): _ A 2.0 metres beyond the wall containing the main entrance to the dwelling unit, except where a covered and unenclosed porch extends a minimum of 1.8 metres from the wall containing the main entrance to the dwelling unit, in which case no part of any attached private garage shall extend more than 3.0 metres beyond the wall containing the main entrance to the dwelling unit B despite A above, where the front wall is not the wall containing the main entrance to the dwelling unit, garages shall not extend beyond the front wall of the dwelling for any lots fronting Park Crescent By-law No. 7312/13 Page 6 (xii) Obstruction of Yards (maximum): A any unenclosed porches not exceeding 1.5 metres in height above established grade, may encroach a maximum of 2.0 metres into the required minimum front yard and minimum flankage side yard B ' any uncovered decks, platforms and steps not • exceeding 1.5 metres in height above established grade, may encroach a maximum of 3.0 metres into the required rear yard C bay, bow or box window may encroach a maximum into required yards as follows: (I) front yard 0.6 metres (II) flankage yard 0.6 metres (Ill) rear yard 0.6 metres l (IV) eaves above these features: may project to a further 0.6 metres into the required front, flankage or rear yards 6. Provisions ("R4-HL" Zone) • (1) Uses Permitted ("R4-HL" Zone) - (a) No person shall within the lands designated "R4-HL" on Schedule attached hereto, use any lot or erect, alter or use any building or • structure for any purpose except the following: (i) existing detached.dwelling (2) Zone Requirements ("R4-HL" Zone) On lands zoned "R4-HL" the minimum lot frontage shall be 41 metres and the minimum lot depth shall be 59 metres. The minimum yards shall be the yards existing on the date this by-law came into effect. However, yards, except the front yard, may be decreased by 10% subject to an approved heritage permit application. r. By-law No. 7312/13 Page 7 7. Provisions ("OS-HL" Zone) (1) Uses Permitted ("OS-HL" Zone) (a) No person shall within the lands designated "OS-HL" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) preservation and conservation of the natural environment, soil and wildlife (ii) resource management (iii) , pedestrian trails and walkways (2) Zone Requirements ("OS-HL" Zone) No buildings or structures shall be permitted to be erected, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control, resource management, or pedestrian trail and walkway purposes. 8. Provisions ("(H) R4-22" Zone) • (1) Uses Permitted ("(H) R4-22" Zone) (a) Until such time as the "(H)" Holdin Provision is lifted, the lands shall not be used for any purpose other than the use permitted by Section 7 of this by-law. (2) Zone Requirements ("(H) R4-22" Zone) The "(H)" Holding Symbol shall not be removed from the "R4=22" zone until the completion of the following: (a) Appropriate arrangements have been made to the satisfaction of the City of Pickering including provisions that all the requirements for the development of the-proposed pedestrian connection located on the OS-HL lands have been complied with, including but not limited to, engineering requirements, lighting, maintenance, and conformity to the City Accessibility Standards. 9. By-law 2511 By-law 2511, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area • set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. . By-law No. 7312/13 Page 8 10. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 28th day of October, 2013. C David Rya - .. tJJA Debbie Shields, City Clerk -� ��L I J l SANDCASTLE . COURT - - 7 79.4m rro 47.8m r . •co co . 0S-HL 3 • 3 32�(r E _-- f'V� 48.0m —__ . if . 4, ,/,? W(H)-R4-22 --- ----- --- 3 -_--— 44.8 • m • 4-22 --- ;,=-- \-----T--- - i— — Q --`_ 59.2m O_— W -- - - - I- -------3 R4-HL 3 SURF AVE. (n —_-__--. 65.5m ( ' z U o --- Lil 3 H. p sr—r • ________ ,‘7,--` ... 162.8m --_____________ . , ________ •i , , ---, ---J -r....i L.,...,...,.. . , f---_____ ____ SCHEDULE I TO BY-LAW 7312/13 PASSED THIS 28th ' DAY OF October- 2013 • • • MAYOR .iiiir o� CLERK • • ---- --_ SANDCASTLE --_ COURT ----- -- -- . — • .- 1 4>■L\1.%■. . ;'''s0'72:;:\„ • . . r �'Nlq�� Y • i � -- —_ O,Q _— . :dr - 1 ,_ i....._: ---__' ---- .■ , .. 4.. ..,." 0 4. . . . \\\ .. . ::. 4 _ . A.1--\ \ - • \\ ■ 4, 4 - 0 \-____-- : _____ _ SURF AVE. ii � J 17-- . - \\\S a ; __,.... _ w - - . r7__ - o -_ . - - - a -- -_-_:......._. CL , - --.-- 77 .h"....-- �r_ • SCHEDULE II TO BY-LAW 7312/13 PASSED THIS 28th . DAY Or • October 2013 . . 4e:....‘___„ . . • MAYOR - . . . 1J • . CLERK . • l f 1 t. J . TNBCASTLE OURT • (- , ;ss '''*''' ''' ''-----.°°//1/4x1 . dp, 4/0 ' . ' , 4, 0,Q (- ___. , , . k---\ . . • <2 U) \.1-1\--- • ------r----- ---- - o ---- ___�`-- -_ w _-_ SURF AVE. v �-_ _ w __- --- -- z W W ' /. . - D ct Q Q _______. __.1 L . __ ___ 1 1 1 ,, 1 . . I i 1 I 1 . _h____ _____ T SCHEDULE ID TO BY-LAW 7312/13 PASSED THIS. 28th DAY OF October 2013 ge,,,,. .......____ . MAYOR • CLERK