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HomeMy WebLinkAboutBy-law 5654/00THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 5654/00 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham, in Part of Lots A & 1, Concession 9, in the City of Picketing. (A 1/99; OPA 99-003/P; OPA 99-004/D) WHEREAS the Council of the Corporation of the City of Picketing passed By-law 3037, as amended, to zone the subject lands, being Part of Lots A & 1, Concession 9, in the City of Picketing, for agricultural lands; AND WHEREAS the Council of the Corporation of the City of Picketing now deems it desirable to amend By-law 3037, as amended, to permit the establishment of a golf course while rehabilitating and protecting certain environmental areas on the subject lands; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedule I attached to this By-law 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 Lots A & 1, Concession 9, in the City of Picketing, designated "A/GC" and "EP" on Schedule I attached to this By-law. 3. GENERAL PROVISIONS No building, structure, land or part thereof shall herea~er 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) "Golf Course" shall mean an area of land, and any ancillary building, structure, or part thereof, operated for the purpose of playing golf, and includes any associated recreational facility, such as a club house, snack bar, dining room, lounge, swimming pool and racquet sport court, operated in conjunction therewith. 5. PROVISIONS ("A/GC" Zone) (1) Uses Permitted ("A/GC" Zone) No person shall, within the lands zoned "A/GC" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) any use permitted by section 6.1 of By-law 3037; and (2) 2 (b) a golf course; Zone Requirements ("A/GC" Zone) No person shall, within the lands zoned By-law, use any lot or erect, alter or accordance with the following provisions: (a) "A/GC" on Schedule I attached to this use any building or structure except in for those uses permitted by section 5.(1)(a) above, the provisions of section 6.2 of By-law 3037; and (b) for golf courses, the provisions of section 6.2.4 of By-law 3037. PROVISIONS ("EP" Zone) (1) Uses Permitted CEP" Zone) No person shall, within the lands zoned "EP" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) conservation of the natural environment, soil, and wildlife; and (b) resource management; (2) Zone Requirements ("EP" 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; Special Regulation ("EP" Zone) Despite subsection (1) above, cart and pedestrian paths associated with a golf course use shall be permitted within the lands shown in a dashed line on Schedule I attached to this By-law. (3) PROVISIONS ("(H)" Zone) (1) Uses Permitted C(H)" Zone) Despite the Provisions of Section 5. of this By-law, while the (H) Holding Symbol is in place preceding the "A/GC" Zone, no person shall, within the lands zoned "(H)A/GC" on Schedule I attached to this By-law, use any lot for any purpose other than those permitted in the "EP" Zone as set out in Section 6. of this By-law; (2) Removal of the "(H)" Holding Symbol Prior to an amendment to remove the "(H)" Holding Symbol preceding the "A/GC" Zone, on all or part of the area so zoned, the owner shall: (a) Enter into a development agreement with the City, and have it registered on the land title, stating that the owner agrees to: A submit, prior to the Director, Planning and Development granting Site Plan Approval, an Environmental Management and Monitoring Program prepared by a qualified expert(s) based on Chapter 8 of the Environmental 3 (b) Impact Study prepared by Gartner Lee Limited, to the satisfaction of the Director, Planning and Development, which shall contain, as a minimum, the following: (i) a stormwater management plan addressing pre- and post-development flows, turf management/integrated pest management, and sedimentation and erosion controls; (ii) a natural heritage rehabilitation plan, addressing restoration of forest function, landscape connectivity, and wetland areas; and (iii) a monitoring program addressing ground water, surface water (stormwater and erosion), and natural heritage (wildlife, vegetation, and invasive species control); B C D carry out the recommendations of the Environmental Management and Monitoring Program; post performance bonds for remedial works, independent analysis, and peer review of the Environmental Management and Monitoring Program; permit right-of-access to the City or its designate to undertake the works, if necessary; E F distribute the results of the Environmental Management and Monitoring Program to the City, and other interested parties; undertake any remedial measures or additional monitoring required by the City following analysis of the results of the Environmental Management and Monitoring Program; G convey, free and clear of all encumbrances, the required sight triangle located at the entrance to Lake Ridge Road; H register on the land title within 6 months of the registration of the development agreement, one or more conservation easements in favour of the Central Lake Ontario Conservation Authority (CLOCA) for all or part of the lands zoned Environmental Protection, to the satisfaction of the Director, Planning and Development, in consultation with CLOCA, and to prepare and also have registered on title, any reference plan necessary in order to effect the registration of this conservation easement(s); and satisfy the Director, Planning and Development through the provision of a letter from the Region of Durham that archaeological resource matters have been satisfactorily addressed; and Enter into a site plan agreement with the City and have it registered on the land title. 8. BY-LAW 3037 By-law 3037, 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 to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3037, as amended. 9. EFFECTIVE DATE This By-law shall take effect from the day of passing, subject to the approval and coming into effect of Amendments 65 and 4 to the Durham Regional Official Plan and Picketing Official Plan respectively (resulting from the approval of Regional Official Plan Amendment Application 99-004/D and Picketing Official Plan Amendment Application 99-003/P respectively), or subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed thisl7 day of April ,2000. Wayne Arthurs, Mayor Brace Taylor, Clerk (H)GC (H)GC N NOTE: Zone boundaries based on Site Plan Drawing # L1, prepared by The MBTW Group, dated March 24, 2000 SCHEDULE z TO BY-LAW PASSED THIS ~-'~ DAY OF ~pril 2000 5654/00 MAYOR CLERK