HomeMy WebLinkAboutBy-law 5719/00INTERDEPARTMENTAL CORRESPONDENCE
PLANNING AND DEVELOPMENT DEPARTMENT
TO:
B. J. Taylor
City Clerk
FROM: Ron Taylor
Planner 1
ge~
Draft Amending By-law for
Zoning By-law Amendment Application A 15/86(R)
(Related Applications OPA-86-010/D and 18T-86013(R))
770661 Ontario Limited (Dr. H. Alban - Forest Creek Estates)
South Part of Lot 2, Concession 5
(East side of Audley Road, south of Highway #7 and
north of unopened Fifth Concession Road)
Council, on June 16, 1997, approved the above-noted application to permit the
development of 14 estate residential lots, providing minimum lot frontages of 30 metres and
minimum lot areas of 0.6 of a hectare, and to establish protective zoning on surrounding
environmentally significant lands.
Conditions of approval have now been satisfied and a draft amending by-law has been
prepared. The draft by-law has been circulated to and approved by the applicant and is littached
for the consideration of City Council at their meeting scheduled for August 8, 2000. '
A Statutory Public Meeting was held for this applicatiOn on November 21, 1997.
Background
Planning applications to develop the subject lands to support 50 country residential lots
were originally submitted in 1986. Several revisions to these applications occurred, including a
proposal in 1989 to develop 15 country residential lots and a bird and wildlife sanctuary.
Council and the Region of Durham Planning Committee tabled the 1989 proposal.
In 1996, Council passed a resolution lifting the applications from the table and referring
them back to Staff, to review revised supporting information from the applicant, to recirculate
the proposal to the public and agencies, and to prepare a report for Council's consideration.
The revised applications circulated in 1996 constitute the current draft approved plan,
proposing the development of 14 country residential lots. Council Resolution #215/97 was
passed on June 16, 1997, recommending approval of the related Regional Official Plan
Amendment Application 86-010/D (since adopted by the Region of Durham) and Draft Plan of
Subdivision Application 18T-86013(R) (since draft approved by the Region on December 14,
1999). Council further adopted a modification to the Picketing Official Plan, and approved
Zoning By-law Amendment Application A 15/86(R), subject to conditions.
... continued
Draft Amending By-law for
Zoning By-law Amendment Application A 15/86(R)
August 2, 2000
Page 2
The purpose and effect of this by-law is to permit the development of 14 estate residential
lots and to protect and maintain environmentally significant lands located on the subject lands.
If you require further assistance or clarification, please do not hesitate to contact the
undersigned.
I concur that this by-law
be considered at this time.
D~rector~& Development
RST/par
Enclosure
rst~clkalban.doc
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 5719/00
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 South Part of Lot 2, Concession 5, in the City of Picketing.
(OPA 86-010/D, 18T-86013(R), A 15/86(R))
WHEREAS the Council of the Corporation of the City of Picketing deems it desirable to permit
the development of 14 Estate Residential Lots and to protect and maintain various
environmentally significant lands as open space on the subject lands, being South Part of Lot 2,
Concession 5;
AND WHEREAS an amendment to By-law 3037, 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 notations and references shown thereon is hereby
declared to be part of this By-law.
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in South Part of Lot 2,
Concession 5, in the City of Picketing, designated "ER", "OS-HL-EP" and "(ND)" on
Schedule I attached hereto.
o
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) "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;
(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;
(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;
(3)
(4)
(5)
2
CO)
"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;
"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;
Co)
"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 lot;
(0
"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.
o
3
PROVISIONS
(1) (a) Uses Permitted ("ER" Zone)
No person shall within the lands designated "ER" on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(i) single detached dwelling residential use
(b) Zone Requirements ("ER" Zone)
No person shall within the lands designated "ER" on Schedule I attached
hereto, use any lot or erect, alter, or use any building except in accordance
with the following provisions:
(i) LOT AREA (minimum): 0.6 of a hectare
(ii) LOT FRONTAGE (minimum): 30 metres
(iii) FRONT YARD DEPTH (minimum): 15 metres
(iv) SIDE YARD WIDTH (minimum): 7.5 metres
(v) FLANKAGE SIDE YARD WIDTH (minimum): 7.5 metres
(vi) REAR YARD DEPTH (minimum): 15 metres
(vii) LOT COVERAGE (maximum): 20 percent
(viii) BUILDING HEIGHT (maximum): 12 metres
(ix) DWELLING UNIT REQUIREMENTS: maximum one
dwelling unit per lot and minimum gross floor area residential of 140
square metres.
(x) PARKING REQUIREMENTS:
A minimum two parking spaces
B a private detached garage may be erected in a side yard or a front
yard provided that such garage is located not less than 7.5 metres
from any side lot line and not less than 15 metres from any front
lot line.
(xi) ACCESSORY STRUCTURE REQUIREMENTS: all accessory
structures, except a detached private garage, which is not part of the
main building, shall be erected in the rear yard and shall be not less
than one metre from any side or rear lot line.
(2) (a) Uses Permitted ("OS-HL-EP" Zone)
No person shall within the lands designated "OS-HL-EP" 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 enviroment, soil and wildlife; and
(ii) resource management
4
(3)
(4)
(b) Zone Requirements ("OS-HL-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.
(c) Special Regulation ("OS-HL-EP" Zone)
(i)
Despite subsections (a) and (b) above, one detached dwelling, and
associated accessory buildings and structures thereto, shall be
permitted only on those lands contained within the cross-hatched area
on Schedule I attached hereto.
(ii)
Despite subsections (a) and (b) above, the driveway serving the
detached dwelling located within the cross-hatched area on Schedule I
attached hereto, and existing on the subject lands at the time of passing
of this By-law, is permitted in its existing location.
(a) Uses Permitted ("(ND)" Zone)
No person shall within the lands designated and containing the abbreviation
"(ND)" within the established zone categories outlined on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(i)
those uses permitted within the corresponding zone category together
with this designation; and
(ii) nitrate dilution
(b) Zone Requirements ("ND" Zone)
No land shall be used except for the purpose of nitrate dilution from sewage
effluent originating from private sewage systems serving residential
development on abutting lands designated "ER" on Schedule I attached
hereto.
(a) Uses Permitted ("(H)" Holding Symbol)
Despite the Provisions of Section 5.(1) of this By-law, while the "(H)"
Holding Symbol is in place preceding the "ER" Zone designation as outlined
in Schedule I attached hereto, no person shall use any lands for any purpose
other than those uses permitted in the "OS-HL-EP" Zone as set out in Section
5.(2) of this By-law.
(b) Removal of the "(H)" Holding Symbol
Prior to an amendment to remove the "(H)" Holding Symbol preceding the
"ER" Zone, on all or part of the area so zoned, the owner shall satisfy the
Director, Planning & Development, in consultation with the Region of
Durham, that the agricultural Minimum Distance Separation, as set out by the
Ministry of Agriculture, Food and Rural Affairs, provided between
non-agricultural uses on those lands zoned "ER" and livestock operations on
other lands is maintained.
5
6. BY-LAW
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 hereto. Definitions and subject matters not specifically dealt with in this By-law
shall be governed by relevant provisions of By-law 3037, as amended.
7. EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof subject to the approval of the
Ontario Municipal Board, if required.
BY-LAW read a first, second, and third time and finally passed this
,2000.
8th day of August
C..3mn'~Gre~ntree, Deputy Clerk
415.4m
OS-HL-EP(ND)
~~4.7
44.2m
107.6m
219.6m~
205.4m
OS-HL-EP(ND)
FIFTH CONCESSION ROAD (CLOSED)
SEE SECTION 5.(2)(C)
OF THIS BY-LAW
SCHEDULE I TO BY-LAW
PASSED THIS 8th
DAY OF Au~;ust 2000
City of Pickering Planning & Development Department
I DA'rE AUG 1,2000