HomeMy WebLinkAboutBy-law 7446/15 The Corporation of the City of Pickering
By-law No. 7446/15
Being a By-law to amend Restricted Area (Zoning) By-law 3036,
as amended, to implement the Official Plan of the City of Pickering,
Region of Durham, Part Lot 31, Concession 2, Parts 1 and 2,
Plan 40R-28483, City of Pickering, (A 11/14)
Whereas the Council of The Corporation of the City of Pickering received an
application to rezone the subject lands being Part Lot 31, Concession 2, Parts 1 and 2,
Plan 40R-28483, in the City of Pickering to permit four lots for one detached dwelling
and six semi-detached dwellings;
And whereas an amendment to Zoning By-law 3036, as amended, is required to permit
such uses;
Now therefore the Council of The Corporation of the of Pickering hereby enacts as
follows:
1. Schedule I
Schedule I 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 in Part Lot 31,
Concession 2, Parts 1 and 2, Plan 40R-28483, in the City of Pickering,
designated "(H) S5-2" and "SD-7" 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,
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(a) "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.
(b) "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.
By-law No. 7446/15 Page 2
(c) "Dwelling Unit" shall mean 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.
(d) "Dwelling, Detached" shall mean a single dwelling which is freestanding,
separate and detached from other main buildings or structures.
(e) "Dwelling, Semi-Detached" shall mean one of a pair of singe dwellings,
such dwellings being attached together horizontally by an above grade
common wall.
(f) "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.
(g). "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 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.
(h) "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.
(i) "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.
(j) "Private Garage" shall mean an enclosed or partially enclosed structure for
the storage of one or more vehicles, in which structure no business or
service is conducted for profit or otherwise.
(k) "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.
(I) "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.
(m) "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.
(n) "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.
By-law No. 7446/15 Page 3
(o) "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 lot.
(p) "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.
(q) "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.
(r) "Interior Side Yard" shall mean a side yard other than a flankage side yard.
(s) "Wall, Front" shall mean the wall of the dwelling closest to the front lot line.
5. Provisions
(1) Uses Permitted ("S5-2" Zone)
No p erson shall within the lands zoned "S5-2" on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(a) Detached Dwelling
(2) Zone Requirements ("S5-2" Zone)
No person shall within the lands zoned "S5-2" on Schedule I attached
hereto, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
(a) Lot Area (minimum): 250 square metres
(b) Lot Frontage (minimum): 9.0 metres
(c) Front Yard Depth (minimum): 4.5 metres
(d) Side Yard Width (minimum): 1.2 metres one side
0.6 metres on the other side
(e) Rear Yard Depth (minimum): 7.5 metres
(f) Lot Coverage (maximum): 48 percent
(g) Building Height (maximum): 12.0 metres
(h) Driveway Width (maximum):, 4.5 metres
By-law No. 7446/15 Page 4
(3) Uses Permitted ("SD-7" Zone)
No person shall within the lands zoned "SD-7" on Schedule attached
hereto, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(a) Semi-Detached Dwelling
(4) Zone Requirements ("SD-7" Zone)
No person shall within the lands zoned "SD-7" on Schedule I attached
hereto, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
(a) Lot Area (minimum): 205 square metres
(b) Lot Frontage (minimum): 8.0 metres
(c) Front Yard Depth (minimum): 4.5 metres
(d) Side Yard Width (minimum):
1.2 metres except where dwellings on abutting lots share a common
wall, no interior side yard shall be required adjacent to that wall on
either lot
(e) Rear Yard Depth (minimum): 7.5 metres
(f) Lot Coverage (maximum): 50 percent
(g) Building Height (maximum): 12.0 metres
h) Driveway Width,(maximum): 3.5 metres
(5) Special Provisions
The following special provisions shall apply to lands zoned "S5-2" and
"SD-7" on Schedule 1:
(a) Garage Requirements
minimum one private garage per lot attached to the main building,
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 a street or abutting on a
reserve on the opposite side of which is a street;
By-law No. 7446/15 Page 5
(b) Garage Projection
maximum 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;
(c) Parking Requirements
for each dwelling unit there shall be provided and maintained a
minimum of 2 parking spaces, one of which must be provided within
an attached private garage;
(d) Obstruction of Yards (maximum)
(i) any unenclosed porch not exceeding 1.5 metres in height above
established grade, may encroach,a maximum of 2.0 metres into
the minimum required front yard;
(ii) 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 minimum required rear yard;
(iii) any bay, bow or box window, including eaves above these
features, may encroach a maximum of 0.6 metres into any
required front or rear yard.
6. Provisions ("(H) S5-2" Zone)
(1) Uses Permitted ("(H) S5-2" Zone)
Until such time as the "(H)" Holding Provision is lifted, the lands shall not
be used for any purposes other than the following:
(a) Private Open Space
(2) Zone Requirements ("(H) S5-2 Zone)
The "(H)" Holding Symbol shall not be removed from the "S5-2" zone until
the completion of the following:
(a) an alternate vehicular access to 450 Finch Avenue is secured to the
satisfaction of the City and the easement is relinquished by the
owner of 450 Finch Avenue.
7. Model Homes
(1) Despite the provisions of Clause 6.1 of By-law 3036, a maximum of 2 model
homes, together with not fewer than two parking spaces per Model Home,
may be constructed on the lands set out in Schedule I attached to this
By-law prior to the division of those lands by registrations of a plan of
subdivision.
By-law No. 7446/15 Page 6
(2) For the purpose of this By-law, "Model Home" shall mean a dwelling unit
which is not used for residential purpose, but which is used exclusively for
sales, display and marketing purposes pursuant to an agreement with the
City of Pickering.
8. By-law 3036
By-law 3036, 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 3036, as amended.
9. Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law passed this 26th day of October, 2015.
Bill McLean, Deputy Mayor
Debbie Shields, City Clerk
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Location Map
Cill a¢ s FILE No: SP2014-04 and A011/14
- - APPLICANT: K. Lazaridis and Louisville Homes Ltd.
110111°14111611111- PROPERTY DESCRIPTION:Part Lot 31, Concession 2, Parts 1 and 2,
City Development Plan 40R-28483 DATE: Sept. 3, 2015
Department
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Applicants' Revised Submitted Lotting Plan and Conceptual Site Plan
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FILE No: SP-2014-04 and A 1 11/14 . . i
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��l ., � � '� APPLICANT: K. Lazaridis and Louisville Homes Ltd. _ 1
I PROPERTY DESCRIPTION: Part Lot 31, Concession 2, parts 1 and 2
City Development _ 1
Department Plan 40R-28483
FULL SCALE COPIES OF THUS PLAN AREAVAItABLE FOR VIEWING ATTR E CITY OF PICKERING DATE:Sept 3,2015 .
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