Loading...
HomeMy WebLinkAboutPD 18-08 Citlf ()~ REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PO 18-08 Date: May 5, 2008 I · ':'i. From: Neil Carroll Director, Planning & Development Subject: Request from Toronto and Region Conservation Authority Respecting 541 Rodd Avenue File: 0-8000-015 Recommendation: 1. That the Toronto Region Conservation Authority (TRCA) be advised that the City of Pickering has no municipal interest in the building located at 541 Rodd Avenue, and, 2. That should TRCA permit the current tenant at 541 Rodd Avenue to dismantle and relocate the existing dwelling to 547 Rodd Avenue, the City requests that any agreement between the Authority and the tenant require that: a. such relocation comply with the City of Pickering Zoning By-law requirements, b. a building permit be obtained for the proposed construction, and 3. Further, that following removal of the building at 541 Rodd Avenue, a 1.2 metre high chain link fence be erected by the Authority, on TRCA lands, adjacent to the rear lot line of 537, 537 A, 545, and 547 Rodd Avenue, to delineate the boundary between TRCA ownership and private residential ownership. Executive Summary: The Toronto and Region Conservation Authority (TRCA) has requested the City to provide comments with respect to any potential interest it may have for use of the residential dwelling situated on 541 Rodd Avenue, upon expiry of the Authority's current lease with the existing tenant. The Authority intends to demolish the building unless the City expresses an interest, and is considering a request of the current tenant to dismantle the building and reassemble it at 547 Rodd Avenue (neighbouring property). Should relocation be supported, the Authority has requested that the City advise of any conditions and/or concerns it may have (see Location Map, Attachment #1 and TRCA letter, Attachment #3). Report PO 18-08 Date: May 5,2008 Subject: 541 Rodd Avenue Page 2 ) /- " When TRCA purchased these lands (0.35 acres) in April 1999, it was their intent to demolish the dwelling and restore the lands to a natural state upon termination of the ten year lease. Staff supports the objective of the TRCA to bring the shoreline area into public ownership and reduce stress on the fragile shoreline area. Considering this objective, the dwelling's location within the hazard limit of the Lake Ontario shoreline, the age of the dwelling, and the property's location and isolated setting, staff do not recommend municipal use of the building. Consequently it is recommended that TRCA be advised that the City has no municipal interest in the building located at 541 Rodd Avenue, and that TRCA proceed with removal of the dwelling through either demolition or relocation. Should the Authority permit the current tenant to relocate the building to 547 Rodd Avenue, it is requested that such relocation comply with all applicable City zoning by-law requirements, and that a building permit be obtained for the proposed construction. In addition, following removal of the dwelling at 541 Rodd Avenue, it is requested that a 1.2 metre high chain link fence be erected on TRCA lands, adjacent to the rear lot line of 537, 537A, 545, and 547 Rodd Avenue, to delineate the boundary between TRCA ownership and private residential ownership (see Attachment #2). Financial Implications: No direct costs to the City are anticipated as a result of the proposed demolition or relocation of the building situated on 541 Rodd Avenue. Sustainability Implications: Removal of the dwelling at 541 Rodd Avenue will contribute to a healthy and green environment by bringing the shoreline area into public ownership, reducing stress on the fragile shoreline area, and providing opportunity for site restoration. Background: TRCA acquired 541 Rodd Avenue in 1999 and leased the building back for 10 years In 1997 the property at 541 Rodd Avenue fell within TRCA's approved master plan for acquisition of properties along the Lake Ontario shoreline. The property is adjacent to other Authority holdings. At the time, the property represented one of the few remaining shoreline residential properties along the reach within the Rosebank Neighbourhood, along Lake Ontario. The property is located within the hazard area of the Lake Ontario shoreline, and is zoned 'R4' - Detached Dwelling Residential Zone by By-law 2511. Report PO 18-08 Date: May 5,2008 Subject: 541 Rodd Avenue Page 3 ..-) / (; ...~ The 0.35 acre property was part of a land exchange between TRCA and G. Dean, J. McCarten and J_ Pitino, involving parcels of surplus Authority lands on the north side of Rodd Avenue. The Authority leased back 541 Rodd Avenue to G. Dean, J. McCarten and J_ Pitino for a 10 year period (with a one year option). The acquisition of 541 Rodd Avenue helped consolidate the Authority's holdings into a more meaningful and useful form, and assisted in ensuring that the long term vision of a public open space system along this reach of shoreline was achieved. As the lease is approaching expiry, the Authority requests that the City advise of any potential use the City may have for this improved property The term of the lease for 541 Rodd Avenue expires on April 26, 2009 (not including a one year extension option) TRCA is in receipt of a request from the tenant, J. Pitino, to consider allowing him the opportunity to dismantle and relocate the existing dwelling at his expense, to 547 Rodd Avenue, prior to or at the expiry of the current lease term. While TRCA past reports are silent regarding what was to happen to the building at 541 Rodd Avenue at the end of the lease term, their overall objective was to acquire this property to bring the shoreline area into public ownership and reduce stress on the fragile shoreline area both which would be achieved through demolition. In the late 1990's TRCA had an aggressive acquisition strategy in the Rosebank Neighbourhood. Since that time TRCA conducted a rationalization process for their land holdings and acquisition plans which altered TRCA's program for this general area. Surplus lands were sold to the private sector, but acquisition of Lakefront properties continued to be a priority_ Other improved properties have been acquired by TRCA along the waterfront In the Rodd Avenue area over the past several years. The two storey residence on 541 Rodd Avenue is considered to be 'secure' and not in immediate danger of being impacted by unstable ground or bank erosion. However, if a long term use of the building was to be considered, TRCA would want to have their technical staff conduct a review of the property. The dwelling is located within the hazard limit of the Lake Ontario shoreline. Given the proximity of the structure to the shore, TRCA considers removal of the building at the end of the lease to be in the public's best Interest. However, before pursuing this action, or discussing relocation options with the eXisting tenant, TRCA has requested that the City advise as to any potential use It may have for this improved property upon expiry of the current lease. Should the City not express an interest in the building on the property, TRCA would appreciate receiving any conditions that the City would like to be applied to the tenant's proposal to relocate the building to 547 Rodd Avenue. Report PO 18-08 Date: May 5, 2008 Subject: 541 Rodd Avenue Page 4 ~) r,i City staff conclude that the building at 541 Rodd Avenue is not suitable for municipal purposes and should be demolished by TRCA or relocated by the current tenant City staff recently visited the property and building. Considering the age and condition of the building (constructed in 1967 with an addition in 1992, for a total floor area of approximately 300 square metres), the property's location and isolated setting, and the very limited parking accommodation, it was concluded that the building is not suitable for a municipal purpose. Further, staff support the objective of TRCA to bring the shoreline area into public ownership and reduce stress on the fragile shoreline area. Removal of the building will help achieve this overriding objective. Returning the property to its natural state will provide value to the community and the environment by increasing public accessibility and views to the waterfront, providing opportunity for restorative measures, and securing the slope edge from environmental risks. This action aligns well with the City's sustalnability objectives. Consequently It is recommended that TRCA be advised that the City has no municipal interest in the building located at 541 Rodd Avenue, and that TRCA proceed with removal of the dwelling through either demolition or relocation. Conditions should be imposed to any relocation of the building from 541 Rodd Avenue to 547 Rodd Avenue Staff have no objection to the disassembly and relocation of the dwelling to 547 Rodd Avenue (other land owned by the current tenant). Should TRCA agree to the relocation, it is required that such development be in full compliance with the provisions of the R4-10 -- Residential zone (By-law 5526/99) currently applicable to the site. The current zoning limits building height to 9.0 metres (see Attachment #4). A building permit must also be obtained for the proposed construction. Further, following removal of the dwelling at 541 Rodd Avenue, it is requested that a 12 metre high chain link fence be erected by the Authority, on TRCA lands, adjacent to the rear lot line of 537, 53?A, 545, and 547 Rodd Avenue, to delineate the boundary between TRCA ownership and private residential ownership (see Attachment #2). Attachments: 1. Location Map 2. Land Ownership / Building Location 3. Letter from Toronto and Region Conservation Authority 4. Zoning By-law 5526/99 Report PO 18-08 Date: May 5,2008 Subject: 541 Rodd Avenue Page 5 f) " L.. (l Prepared By: Approved/Endorsed By: . }:f1!;;;;;;;/{' Lynda Ta&lor, MC,p, RPP Manager, Development Review Neil Carroll, P Director, Planning & Development APprove~~~~.~fSei~t: /'/' (..... ;! /'/ /" /' (..,' '/' , verett Suntsma Director, Operations & Emergency Services L T:ld Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council / - c;-' , I TO' "-r~<' "."'. . .tt._.....e...__. ........ ~? C? GILLMOSS ROAD PETT/COA T CREEK CONSER VA T/ON AREA SUBJECT PROPERTY (541 ROOD AVE) LAKE ONTARIO City of Pickering Planning & Development Department PROPERTY DESCRIPTION PLAN 233, lOT 12 & 13, BlK A, 40R-19204 PARTS 1-3 OWNER J. PITINO & T.R.C.A. FILE No. N/A DATE APR. 8, 2008 SCALE 1 :5000 DRAWN BY JB CHECKED BY L T l' a 0 ourc..: Teranet Enterprises Inc. and ita supplier.. All riohtll Reserved. Not 0 pion of survey. 2005 MPAC and its supplier-so All ri hts Reserved. Not 0 pion of Survey. PN-1 ~ ~ VISTA 534 ROOD -"-'" '._-~ (FJ :ld 54(j, i w > - a: o bn.J____~____, j I~ Ownership VI1ZJ Toronto and Region Conservation Authority at~ Snwces T~,~",,! El1t"'r';~":, In<:. ""d itJ ""rpli""s AI' rights Res"'ve<:l Nol;!1 "Ian ,,15\"V~Y '::'.2E,~ ':~_~~~ ~~1f:'~'1""5 Ail "gh\~ p..~prv.d Not a plan,.,1 .'iu'v~y :--"--""~ (y-, ,- .,. (~ , -, j ~ ~1!.1 IN ~, -I o I I LAKE ONTARIO $ Other Ownership =-=-=- Recommended Fence Location DATE APRIL 1,2008 ISCALE: 1: 1,500 PN-1 . ~oRnseFvaffOn for The Living City 3 18 2\ '1 ,..,t , November 26, 2007 Neil Carroll Director, Planning & Development The Corporation of the City of Pickering One The Esplanade Pickering, Ontario L 1 V 6K7 Dear Mr. Carroll: Re: 541 Rodd Avenue City of Pickering CFN 12166 The Toronto and Region Conservation Authority (TRCA) is in receipt of a request from our tenant at 541 Rodd Avenue, Mr. Joseph Pitino, to consider allowing him the opportunity to dismantle and relocate the existing dwelling presently located on this site, at his sole expense, to his property at 547 Rodd Avenue (formerly known as 535 Rodd Avenue), prior to or at the expiry of the current lease term with the TRCA. The lease term expires on April 26, 2009, however, provided the tenant is not in default under the terms of the lease the tenant will have the right to renew the lease for a further term of one year (but with no further right to renew). In consideration of same, Mr. Pitino is also prepared to make an additional monetary donation towards the restoration of the existing Rodd Avenue site, on behalf of the late John McCarten. The above-captioned property was part of a land exchange between the TRCA, Mr. Joseph Pitino, Mr. John McCarten and Mr. George Deane, involving parcels of surplus Authority lands situate in the Rodd Avenue area in the City of Pickering. For your reference, we are enclosing a copy of the Minutes of Executive Meeting #9/97 regarding the above noted land exchange. This was adopted by the Authority at Meeting #10/97 on November 28, 1997 under Resolution #A258/97 without amendment. The transaction was completed on April 26, 1999, in accordance with the Authority Resolution. While the reports are silent regarding what would happen to the building at 541 Rodd Avenue at the end of the term, TRCA's overall objective was to acquire this property for public use and enjoyment. Given the location of the structure to the shoreline we think it would be in the best public interest to demolish the on-site improvements at 541 Rodd Avenue at the end of the term, unless the City has an interest. In this respect it would be appreciated if you would circulate this request to all applicable City departments and provide us with your comments with respect to any potential use the City of Pickering may have for this improved property upon the expiry of the current lease. If, however the City of Pickering has no future interest for this site, what, if any conditions and/or concerns would the City have with regards to the relocation and the reassembly of the existing structure to the neighbouring property. Member of Conservation Ontario , Shor-e-HT On. ( lown' 'i('\\, Onrari(, /VU~: 1 S4 14161 (,(, 'b6CJ\' FA>' \161-6,"92 wW'^tr~~:--;-'~'--'~ @, 3 fe, (8 7 (', , I ,j i. - 2- Our technical staff will also be consulted with respect to TRCA policies and regulations regarding the relocation to 547 Rodd Avenue. I trust this is sufficient for your purposes. However, if you have any questions or require any further information please do not hesitate to contact the undersigned or Tom Campitelli, Senior Property Agent, at extension 5335. I would appreciate receiving your comments by December 31, 2007. Yours truly, Ron W. Dewell Senior Manager Conservation Lands and Property Services Enclosure cc: Mr. Chris Jones, TRCA Mr. Larry Field, TRCA 3 j r: . c;~?, '7 "": ~) ':~' ~ MINUTES EXECUTIVE COMMITTEE MEETING #9/97 NOVEMBER 14, 1997 RES. #B174/97 - EXCHANGE OF LANDS/VICINITY OF ROOD AVENUE, PICKERING George M. Deane, John B. McCarten and Joseph Pitino CFN 12166. Receipt of a request from George M. Deane, John B. McCarten and Joseph Pitino, to explore the possibility of a land exchange involving parcels of surplus Authority lands situate in the Rodd Avenue Area, Town of Pickering, Regional Municipality of Durham. THE EXECUTIVE COMMITTEE RECOMMENDS THAT WHEREAS The Metropolitan Toronto and Region Conservation Authority is in receipt of an offer from George M. Deane, John B. McCarten and Joseph Pitino, the owners of 541 Rodd Avenue to enter into an exchange involving surplus Authority owned lands, in the Rodd Avenue area of the Town of Pickering, Regional Municipality of Durham; AND WHEREAS it is the opinion of the Authority, that it is in the best interests of the Authority in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to proceed with the exchange in this instance; THA T the Authority enter into an exchange of lands on the following basis: (1) George M. Deane, John B. McCarten and Joseph Pitino will convey to the Authority an irregular shaped parcel of land improved with a two-storey dwelling and containing 0.35 acres, more or less, (0.14 hectares) being Part of Block A, Plan 233, Town of Pickering, Regional Municipality of Durham, together with a right of way at all times in common with others and together with a further right of way according to Instrument No. 136971; (2) The Authority will convey to GeorgeM. Deane, John B. McCarten and Joseph Pitino, two parcels of vacant land, to be severed into five (5) lots, containing 0.856 acres, (0.346 hectares) more or less, being Part of Lot 30, Range 2, Broken Front Concession, Town of Pickering, Regional Municipality of Durham subject to the following terms and conditions: a. The lands are to be used for single family residential purposes only and must conform to the Town of Pickering's R4 zoning; 3 ;; 11 'j , ("~) b. The purchaser acknowledges that the Authority retains lands in the vicinity that will be used for park purposes and the purchaser agrees not to object to such uses or the Authority's plans for development of a park so long as the uses within 150 feet of the property are limited to conservation purposes for two years following the closing date and is to provide such assurances that may be required by the Authority, that the purchaser or its successors in title, will not object to any such uses; (3) The Authority will pay to George M. Deane, John B. McCarten and Joseph Pitino, the sum of $10,000.00; (4) On closing, the Authority shall lease back to George M. Deane, John B. McCarten and Joseph Pitino, 541 Rodd Avenue, for a term of 10 years at the rate of two ($2.00) per annum, with an one year option subject to the following terms and conditions: George M. Deane, John B. McCarten and Joseph Pitino shall: i. Pay all realty taxes, including local improvement charges; ii. Be responsible for all utility costs including heat, water, gas, telephone and electricity and for all maintenance, repairs, alterations, cleaning, landscaping and snow removal; iii. Obtain and pay for all public liability insurance in a form and content satisfactory to the Authority; iv. Obtain and pay for fire and other perils insurance on the dwelling for the full replacement value in a form and content satisfactory to the Authority; v. Not assign or sublet the dwelling or the property; (5) George M. Deane, John B. McCarten and Joseph Pitino as adjoining land owners have agreed to waive their rights to the ravine portion of the road allowance immediately east of 535 Rodd Avenue to facilitate the acquisition of the road allowance by the Authority; (6) Completion of this sale will be subject to any planning act approvals that may be required; (7) Any additional conditions as deemed appropriate by the Authority solicitor; THA T the sale be subject to the Approval of the Minister of Natural Resources, in accordance to Section 21 (2) of the Conservation Authorities Act, R.S.O. 1990, Chapter C.27 as amended; AND FURTHER THAT the appropriate Authority officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of any necessary approvals and the execution of any documents. ....................... J IB"-08' - r ,) ~) BACKGROUND Staff have had a number of meetings with area residents and officials of the Town of Pickering regarding amending the Authority's acquisition project boundary in the Rodd Avenue/Bella Vista Drive area. A plan was brought forward reflecting the community and Town of Pickering's input on the revised acquisition boundaries and process for disposal of the resulting surplus Authority lands. At Meeting #4/96 held on May 31, 1996, the Authority adopted Resolution #A99/96, declaring that various parcels of Authority-owned tablelands, including 5 lots improved with single family homes, and three vacant parcels, be surplus to the future requirements of the Authority and recommending that preference be given whenever possible, to sales or exchanges being made at market value to former owners, tenants, remaining private owners and abutting owners within the amended acquisition boundary" In accordance with the provisions of Resolution #A99/96, and as outlined in the staff report regarding the disposal process adopted by the Executive Committee at Meeting # 12/96, held on January 10, 1997, under Resolution #B205/96, staff in consultation with the Authority's solicitor and an independent appraiser has initiated the disposal process as follows: The priority of potential purchasers be: 1) Former owners (Phase I) 2) Tenants (Phase I) 3) Remaining Private Owners situate within the amended boundary which included abutting property owners (Phase II) 4) General public (Phase III) The former owners were either contacted directly if an address could be found or best efforts were made to contact them through the solicitor who acted on their behalf at the time of the purchase by the Authority. None of the former owners that we were able to contact has expressed interest in repurchasing their former property. The five tenants have been contacted and two of them have expressed an interest in acquiring the property. The Authority approved the sale of 531 Rodd Avenue at Meeting #4/97, held on May 30,1997 and the sale of 554 Rodd Avenue at Meeting # 5/97, held on June 27, 1997. Phase II of our disposal process required the Authority to offer the remaining surplus properties for purchase at current market value to the private property owners, situate within the amended acquisition boundary. The Authority advised the private owners within the amended boundary about the availability of our surplus lands, excluding the two properties of interest to our tenants, by letter on March 13, 1997. The Authority received notice of interest from two private owners. The Authority approved the sale to Siragusa the owners of 537 Rodd Avenue at Meeting #9/97 held on October 31, 1997. An agreement, to exchange lands has now been reached with the owners of 541 Rodd Avenue. The offer at hand is in accordance with the appraised value of an independent evaluation obtained by the Authority. Staff has had some preliminary discussions with officials at the Town of Pickering regarding the acquisition of the unopened road allowance adjacent to 535 and 541 Rodd Avenue. George M. Deane, John B. McCarten and Joe Pitino are also the registered owners of 535 7~ ", ~. b .3 I B (if; Rodd Avenue and through the agreement have waived their rights to the ravine portion of the road allowance. A map showing the location of the subject lands is appended. The subject Authority parcels consists of fragments of tableland acquired from; A. & G. Taylor in December 1981, Ernest Loader in October 1973 and Community Lifecare Inc. in January 1992, under the Waterfront Component of the Land Acquisition Project. RA TIONAlE The subject Authority land has been declared surplus by the Authority. The property at 541 Rodd Avenue falls within the Authority's approved master plan for acquisition along the Lake Ontario shoreline and is adjacent to Authority holdings. It represents one of the few remaining shoreline residential properties along this reach and is within the hazard area of the Lake Ontario shoreline. The acquisition of this property helps consolidate the Authority holdings into a more meaningful and useful form and should ensure that the long term vision of a public open space system along this reach of shoreline will be achieved. FINAN CIAl DETAILS It is proposed that the proceeds from land sales will be used in the funding of the purchase of this property. TAXES AND MAINTENANCE The taxes and maintenance for the property will be paid for by George M. Deane, John B. McCarten and Joseph Pitino during the term of the lease. Report prepared by: Ron Dewell, ext. 245 For information contact: Don Prince, ext. 221 Ron Dewell, ext.245 3 /8-08 ~ '<I I ,< I I I I I I LLLL/~=ZZZZ~ FIGURE 1 LAKF,- ONT AF7/0 POTENTIAL ACQUISITION OF ROAD ALLOWANCE ~ SCALE LAND TO BE CONVEYED TO THE AUTHORITY ~~~metars JU 10 ~ D I " 9!.J REG. FILL LINE ROUGE ...... ~PARK . BOUNDARY PARCELS REMC. ED ~ROM ;"CQ-.) SI-;-()N CROJiCC~S .- - - - -. I I ----- Ac.'T'-iO"ITV LANDS WiT'-iIN A'-'DCEJ ~d~ PROJECT 8C'uNC,o.'liiCS ~~f,f~ i i t.., , ::.:::~_::::";;T:-:'O ~ ...'~ '--~'- AUTHCP:iY LA~~S'S I J EeL A'l ED 5 J R C L J S li:~:i~:::}::::~::::::n 0<:;, ;':"--t, No'/ernDe- .___ ',,_' !'Gf:\B,ri iJ..~ ,~,." " ,."RT if ' ,_.,,-~~ l' . .,',-" ,,' PD I.Q --12'8' " __....,$.;0:1 ,,' -~- . ~_...--,,'"' 1.<:; J (~, -', ~ " , '" "'-'. '" (.~, - ""\ ", . '\. ", " " ' '" "., ;~..~\>\ ~ '.~,-;0\ ~ "~\:t''\ '" , J? ""'" ... " \ " '\ .'\. \. '" '.\\ ~ " '" ~......._--. ,."., ,', i'x " t '" ;-'- '" -, -'. , -~". ...~, " "-- " "\. ,.. '~,.". ,; . '-, .....~. , '- '" '" , " "'"" ',,- ',- '-'~ " '" '" ~ '" -""""" " '" ", "- '" "'. -~ ''-''''-... """'."', ~..... ", '. " "'~ '-... " '"''<. ", \.,~. '-"'" '\, ", "- -". ',,-- '''-. " " \''-. ......,.~,_~,,~~t (!""., , ({ \ ,\ . \ \ \ \\ \\ . \ \ ' \\ \ \ ;,'~.~~ :".,,~ ~:J::' - ~ , q.\:\ . ,..-'ir;;:'" '" ,j ,,2. /8~o8 39 ApPENDIX "A" DESCRIPTiON OF THE SUBJECT Driveway from Rodd Avenue -. Front (North) Facade l y:~ "::.: ,. -10 - 3 /8 4 '~; l,: South and East Facades ~'" ~"-,- It;. . < THE CORPORATION OF THE TOWN OF PICKERING BY-LAWNUMBER 5526/99 /1 '1, " Being a By-law to amend Restricted Area (Zoning) By-law 2511, and amending By-law 5092/97 to By-law 2511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Part of Block A, Plan 233, in the Town of Pickering. (A 18/98) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of detached residential dwellings, and to recognize Open space Hazard Lands on the lands being Part of Block A, Plan 233, Town of Pickering; AND WHEREAS an amendment to By-law 2511, as amended, and amending By-law 5092/97 to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedule I attached hereto with notations and references shown thereon is 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 of Block A, Plan 233, Town of Pickering, designated "R4-10" and "OS-HL" on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provision.> of this By-law. 4. DEFINITIONS In this By-law, (I) (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 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, Single or Single Dwelling" shall mean a single dwelling containing one dwelling unit and uses accessory hereto; (d) "Dwelling, Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures; Ii '-t I II I - 2- (2) (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; (3) (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 group of buildings, as the case may be, together with any accessory buildiP.gs 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 oflot 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; (4) "Private Garage" shall mean an enclosed or partially enclosed structure with a minimum accessible interior dimension of 2.6 metres wide by 5.3 metres long devoted to the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (5) (a) "Yard" shall mean an area ofland 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; (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 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; (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; 1/ /6 06 - 3 - 4 / (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; and (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) (a) Uses Permitted ("R4-1O" Zone) No person shall within the lands designated "R4-1O" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) detached dwelling residential use; (b) Zone Reauirements ("R4-1O" Zone) No person shall within the lands designated "R4-1O" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except in accordance with the following provisions: (i) LOT AREA (minimum): 460 square metres (ii) LOT FRONT AGE (minimum): 15.0 metres (iii) FRONT YARD DEPTH (minimum): 7.5 metres (iv) INTERIOR SIDE YARD WIDTH (minimum): 1.5 metres (v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres (vi) REAR YARD DEPTH (minimum): 7.5 metres (vii) LOT COVERAGE (maximum): 33 percent (ix) BUILDING HEIGHT (maximum): 9.0 metres (x) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area-residential of 100 square metres; (xi) PARKING AND PRIVATE GARAGE REQUIREMENTS: no part of any attached private garage shall extend more than 2.0 metres beyond the wall containing the main entrance to the dwelling unit; 4 i1 , ,~ If Ie or: - 4- (xii) SPECIAL REGULATION: notwithstanding section 5.(I)(b)(iv) above, the dwelling in existence on the date of passage of this by-law on Part of Block A, Plan 233, designated "R4-10" on Schedule I attached hereto may remain in its current location, but no additions or exterior alterations other than restoration or general maintenance to that dwelling shall be permitted; (2) (a) Uses Permitted ("OS-HL" Zone) 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) conservation of the natural environment, soil, and wildlife; and (ii) resource management; (b) Zone Requirements ("OS-HL" Zone) No buildings or structures shall be permitted to be erected nor any existing buildings or structures be modified or changed, nor shall the placing or removal of fill be permitted, except where buildings or structures are used for purposes of flood and erosion control, or resource management. 6. 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 matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 25 I I, as amended. 7. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Council adopted Pickering Official Plan by the Region of Durham, and subject to the approval of the Ontario Municipal Board, if required. BY-LA W read a first, second, and third time and finally passed this 28th day of ,Tune 1999 ~~ Wayne Arthurs, ~ ( y / f (f: ;1 L. ..:..+ ~,r' ROD\) \jS <v~ ~'-J ... "3 \ \ \ \ \ -t) \ ~\ ..-I \ '? \ .\> \ ~\ :.. \ ~\ ~\ \ \ \ \ \ j R4-1 0 '" .... .- 3 E '" ". 'V OS-HL -- -- -- --- l' SCHEDULE I TO BY-LAW 5526/99 PASSED THIS 28th DAY OF June 1999 ~~~~ MAYOR (~