Loading...
HomeMy WebLinkAboutBy-law 6004/02PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM July17, 2002 To: From: Subject: Bruce Taylor City Clerk Edward W. Belsey Planner II Zoning By-Law Amendment Application A 13/99 Ernesto Mattacchioni & Maria LaPosta Lots 14 & 15, Plan 489 1210 & 1218 Kingston Road (North side of Kingston Road, east of Walnut Lane) On January 3, 2002, Council approved the above-noted application, as revised, to permit the establishment of a maximum of 20 townhouse dwelling units, subject to a (H) Holding provision, on the subject lands. There are no conditions of approval and a draft amending by-law has been prepared. The draft by-law has been circulated to, and approved by the applicant and is attached for the consideration of City Council at their meeting scheduled for July 29, 2002. A Statutory Public Meeting was held for this application on August 5, 1999. The purpose and effect of this by-law is to permit the development of a maximum of 20 townhouse dwelling units on the subject lands. If you require further assistance or clarification, please contact the undersigned. I concur that this by-law be considered at this time. ,.~ Director, Planning &~f~velopment EB:jf Attachment I:~A-99-013 Mattaccllionl~lawm~n.doc Planner II NOTICE OF PASSING OF A ZONING BY-LAW THE CORPORATION OF THE CITY OF PICKERING TAKE NOTICE that the Council of the Corporation of the City of Pickering passed By-law Number 6004102 (A 13/99) on July 29, 2002. Council approved the rezoning of the subject lands and the passage of this By- law is the implementation of that approval. The purpose and effect of this by-law is to permit the development of a maximum of 20 townhouse dwelling units on the subject lands. A key map showing the location of the lands to which the By-law applies is attached. The complete By-law is available for inspection in the Office of the Clerk dudng regular office hours. AND TAKE NOTICE that any individual, corporation or public body may appeal to the Ontario Municipal Board in respect of By-law Number 6004/02 by filing with the Clerk of the Corporation of the City of Picketing no later than the 30th day of August, 2002 Notice of Appeal setting out the reasons for the appeal. The Notice of Appeal must be accompanied by the fee required by the Ontario Municipal Board which is $125.00. Cheques must be made payable to the "Minister of Finance". AND TAKE NOTICE that only individuals, corporations and public bodies may appeal a zoning by-law to the Ontado Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. FURTHER INFORMATION REGARDING THIS MATTER MAY BE OBTAINED BY CONTACTING THE CITY'S PLANNING AND DEVELOPMENT DEPARTMENT AT 420-4617. Dated at the City of Picketing this 9th day of August, 2002. Btaylor:Legislative Forms:Notice By-law 6004 Bruce Taylor, AMCT, CMM City Clerk City of Picketing One The Esplanade Picketing, Ontario. LIV 6K7 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6004/02 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Lots 14 and 15, Plan 489, in the City of Picketing. (A 13/99) WHEREAS the Council of the Corporation of the City of Picketing deems it desirable to permit the development of 20 townhouse units on the subject lands being Lots 14 and 15, Plan 489 in the City of Picketing; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached hereto with declared to be part of this By-law. notations and references shown thereon is hereby AREA RESTRICTED The provisions of this By-law shall apply to those lands in Lots 14 and 15, Plan 489, designated "(H)MD-H3" on Schedule I attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this By-law, (1) (a) Co) (c) (2) (a) Co) "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; "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; "Multiple Dwelling-Hotizontal" shall mean a building containing three or more units attached horizontally, not vertically, by an above-grade wall or walls; "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; "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; (3) (4) (5) 2 "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; (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (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; "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; "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; "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 fi:ont yard of a lot between the fi:ont 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 lot; (0 "Side Yard" shall mean a yard of a lot extending fi:om the front yard to the rear yard, and fi:om 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. 3 PROVISIONS (1) (a) Uses Permitted ("MD-H3" Zone) No person shall within the lands designated "MD-H3" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) multiple dwelling-horizontal; (b) Zone Requirements ("MD-H3" Zone) No person shall within the lands designated" MD-H3" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) DWELLING UNIT REQUIREMENTS: A Number of Dwelling Units (maximum) 20; B Number of Dwelling Units having their 8; main front entrance facing Kingston Road (minimum) C Dwelling Unit Width (minimum) (I) 5.4 metres; (11) Despite (I) above, a minimum trait width of 4.4 metres shall be required for any unit fronting Kingston Road. (ii) BUILDING RESTRICTIONS: A No building, part of a building, structure or part of a structure shall be erected except within the limits of the building envelope illustrated on Schedule I attached hereto; B A minimum of 40% of the length of the build-to-zones illustrated on Schedule I attached hereto shall contain a building or part of a building or buildings containing dwelling units; C Notwithstanding paragraph A above, buildings or structures associated with permitted mechanical, recreational, security, parking, refuse storage and other ancillary residential facilities shall be permitted beyond the limits of the building envelope but no closer than 3.0 metres to the northern limit of the lands illustrated on Schedule I attached hereto. (iii) BUILDING HEIGHT: As illustrated on Schedule II attached hereto; (iv) PARKING REQUIREMENTS: A Notwithstanding clauses 6.5b) and 6.5 c) of By-law 3036, as amended, for development that provides resident parking in a private garage, there shall be provided and maintained on the lands one private garage attached to the dwelling, one parking space located between the vehicular entrance of the private garage and the nearest traffic aisle, and a minimum of 0.3 visitor parking space for each dwelling unit; BY-LAW July 4 B Notwithstanding clauses 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. C Clauses 5.21.2a), 5.21.2b), 5.21.2o), 5.21.2d) 5.21.2e), and 5.21.2i) of By-law 3036, as amended, shall not apply to lands designated "MD-H3" on Schedule I attached hereto; (2) (a) Uses Permitted ("(H)" Holding Zone) Despite the provisions of Clause l(a), while the "(H)" holding symbol is in place, no person shall, within the lands zoned "(H)MD-H3" on Schedule I attached hereto, use any lot or erect, alter or use any buildings or structure for any purpose except a legal non-conforming detached dwelling and accessory uses existing on the date of the passing of this By-law. (3) Removal of"(H)" Holding Symbol Prior to an amendment to remove the "(H)" Holding symbol preceding the "MD-H3" zone designation, the owner is required to execute appropriate agreements with and to the satisfaction of the City of Picketing (and\or the Region of Durham), and such agreements have been registered on title to the lands, to provide for the development of multiple dwelling horizontal uses in accordance with the provisions of subsection 5.(1) of this By-law. 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. EFFECTIVE DATE This By-law shall take effect fi.om the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. read a first, second, and third time and finally passed this 29th day of ,2002. ce Taylor, Clerk / / ? / ? / (H)MD-H3 LOTS 14 AND 15, PLAN 489 BUILD-TO-ZONE BUILDING ENVELOPE SCHEDULE T TO BY-LAW 6004/02 PASSED THI-S 29th DAY OF .|uly 2002 MAYOR ///./~: /~.~ : .... ..'.= .,,, . / / / ? ? ? H)MD-H3 /LOTS 14 AND 15. PLAN 489 &. SCHEDULE Tr TO BY-LAW. 6004/02 PASSED THIS 29th DAY OF July 2002 MAYOR F'INCH AVENUE FINCH AV~NUIr_ Gitg of ~ickoring ~lanning & Do¥olopmont Dopartmont I DATE JULY 18, 2002 III ,2