HomeMy WebLinkAboutBy-law 5891/01October 10, 2001
To:
From:
Subject:
PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
Brace Taylor
City Clerk
Tyler Barnett
Planner 1
Draft Amending By-law for
Zoning By-law Amendment Application A 17/01
Cougs (Valleyfarm) Limited
Part of Lot 20, Concession 1
(South-east comer of Kingston Road and Valley Farm Road)
City of Picketing
On October 9, 2001, Planning Committee recommended approval of Zoning By-law
Amendment Amendment Application A 17/01 to add detached dwellings to the permitted
unit mix, and to revise zoning provisions primarily for the grade-related dwellings for the
subject lands.
The attached draft by-law has been .circulated to and approved by the applicant. Should
Council adopt the recommendation of the Planning Committee at their October 15, 2001
meeting, Council may consider the attached Zoning By-law later on that same meeting.
A Statutory Public Meeting was held for this application on September 20, 2001.
Please note that this by-law may be considered at the October 15, 2001 Council
Meeting, provided Council approves the above noted application earlier that same
meeting.
The purpose and effect of this by-law is to amend the zoning of the subject lands to add
detached dwellings to the permitted unit mix, and to revise zoning provisions primarily for
the grade-related dwellings for 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.
Director, P~elopm~nt
JTB/sm
Attachment
Jt b~:o ug.qO~fiawmem, do c
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NUMBER 5891/01
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the
Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of
Lot 20, Concession 1, in the City of Picketing. (A 17/01; 18T-97029R)
WHEREAS the Council of the Corporation of the City of Picketing deems it desirable to permit
the development of a range of dwelling types and "recreation complex uses" on the subject lands,
being Part of Lot 20, Concession 1, in the City of Pickering:
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 ENACTS AS FOLLOWS:
SCHEDULE I
Schedule I .attached hereto with notations
declared to be part of this By-law.
and references
shown thereon is hereby
AREA RESTRICTED
Notwithstanding any of the provisions of By-law 3036, the provisions of this By-law shall
only apply to those lands in Part of Lot 20, Concession 1, Picketing, designated
"S-SD-3", "SA-8", "SA-9", "SA-10", "RMM-3" and "RC" on Schedule I attached hereto.
DEFINITIONS
In this By-law,
(1)
"Build-to-zone" shall mean an area of land in which all or part of a building
elevation of one or more buildings is to be located;
(2)
"Convenience Store" shall mean a building or part of a building containing a retail
store in which food, drugs, periodicals or similar items of day-to-day household
necessity are kept for retail sale, primarily to residents of or persons employed in
the immediate neighbourhood;
(3)
"Day Nursery" shall mean lands and premises duly licensed pursuant to the
provisions of the Day Nurseries Act, or any successor thereto, for use as a facility
for the daytime care of children;
(4)
(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;
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(5)
(6)
(7)
(8)
(9)
(10)
(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;
(e)
"Dwelling, Semi-Detached or Semi-Detached Dwelling" shall mean one of a
pair of single dwellings, such dwellings being attached above grade by a
common wall which extends from the base of the foundation to the roof line
and for a horizontal distance of not less than 6 metres;
(0
"Dwelling, Single Attached or Single Attached Dwelling" shall mean one of a
group of not less than three adjacent dwellings attached together horizontally
by an above grade common wall;
"Multiple Dwelling-Vertical" shall mean a building containing three or more
dwelling units attached horizontally and vertically by an above grade wall or
walls, or an above grade floor or floors or both;
"Floor Area - Residential" shall mean the aggregate of the floor area 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;
"Gross
storeys
private
Floor Area - Residential" shall mean the aggregate of the floor areas of all
of a building or structure, or part thereof as the case may be, other than a
garage, an attic, or a cellar;
"Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all the
storeys of a building or structure, or part thereof as the case may be, other than
rooms or space jointly used by tenants of the building, such as garbage storage
areas, mechanical and electrical rooms, lobbies, stairwells, elevators and service
corridors;
(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 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 distance from the front lot
line;
"Personal Service Shop" shall mean an establishment in which a personal service
is performed and which may include a barber shop, a beauty salon, a shoe repair
shop, a tailor or a dressmaking shop or a photographic studio, but shall not
include an adult entertainment parlour as defined herein or a body-mb parlour as
defined in section 224 (9)(b) of the Municipal Act, R.S.O. 1990, Chapter M.45, as
amended from time-to-time, or any successor thereto;
"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;
-3-
(11)
(12)
(13)
(14)
"Professional Office" shall mean a building or part of a building in which
medical, legal or other professional service is performed or consultation given,
and which may include a clinic, the offices of an architect, a chartered accountant,
an engineer, a lawyer or a physician, but shall not include a body-mb parlour as
defined in Municipal Act. R.S.O. 1990, Chapter M. 45, as amended from time to
time, or any successor thereto;
"Recreation Facility" shall mean a place designed and equipped for the conduct of
sports, leisure time activities and other customary and usual recreational activities,
and uses accessory thereto;
"Storey" shall mean that portion of a building other than a basement, cellar, attic,
or below-grade parking structure, included between the surface of any floor and
the surface of the floor, roof deck or ridge next above it;
(a)
"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;
(b) "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;
(c)
"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;
(d)
"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;
(e)
"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;
(0
"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;
(g)
"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;
(h)
"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;
(i)
"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;
(j) "Interior Side Yard" shall mean a side yard other than a flankage side yard.
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PROVISIONS
(1)
(2)
("S-SD-3" Zone)
Uses Permitted ("S-SD-3" Zone)
No person shall within the lands designated "S-SD-3" 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 residential use;
(b) semi-detached dwelling residential use;
Zone Requirements CS-SD-3" Zone)
No person shall within the lands designated "S-SD-3" on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure except in
accordance with the following provisions:
(a)
(b)
(c)
(d)
LOT AREA (minimum):
LOT FRONTAGE (minimum):
FRONT YARD DEPTH: (minimum):
INTERIOR SIDE YARD WIDTH (minimum):
(i) detached dwelling residential use:
A
B
225 square metres;
7.5 metres;
3.0 metres;
0.3 of a metre one side, and 1.2 metres on the other side;
despite A above, where a side lot line abuts a public walkway a
minimum 1.2 metre side yard is required;
(ii) semi-detached dwelling residential use:
A 1.2 metres; and
B
on the side where dwellings on adjacent lots are attached, no
side yard is required, provided any wall other than the common
wall that is on the side of the lot upon which the dwellings are
attached, shall be set back from the lot line separating such lots
as follows:
1.2 metres measured perpendicularly to such side lot line
if no side yard is provided on the abutting lot; or
II
0.6 metres measured perpendicularly to such side lot line
if a side yard is provided on the abutting lot;
(e) FLANKAGE SIDE YARD WIDTH (minimum):
(f) REAR YARD DEPTH (minimum):
(g) LOT COVERAGE (maximum):
(h) BUILDING HEIGHT:
(i) (maximum):
(ii) (minimum):
2.7 metres;
7.5 metres;
50 percent;
13.0 metres and 4 storeys;
8.5 metres and 2 storeys;
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(i)
(j)
DWELLING UNIT REQUIREMENTS:
(i) minimum gross floor area - residential of 100 square metres;
(ii)
a maximum of 46 detached dwelling units and/or semi-detached
dwelling units shall be permitted within the lands designated "S-SD-3"
on Schedule I attached hereto;
OBSTRUCTION OF YARDS:
(i)
Despite section 5.7(b) of By-law 3036, covered and unenclosed
porches, verandahs and flankage entrance features not exceeding 1.5
metres in height above the established grade may project no more than:
A 1.5 metres into any required front or rear yard;
B 1.0 metres into any required flankage side yard;
C 0.6 metres into any required side yard;
(k) PARKING REQUIREMENTS:
(i)
(ii)
a minimum of one private garage shall be provided per lot, any
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 or abutting a reserve on the opposite side of
which is a street;
no part of any attached private garage shall extend more than 2.5
metres beyond the wall containing the main entrance to the dwelling
unit, except:
A
where a covered and unenclosed porch or verandah extends a
minimum of 1.8 metres from the wall containing the main
entrance to the dwelling, 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; or
B
where an covered and unenclosed porch or verandah extends a
minimum of 2.0 metres from the wall containing the main
entrance to the dwelling unit and where second storey habitable
floor space located above the garage is set back no more than
2.5 metres beyond the vehicular entrance of any attached
private garage, no part of any attached private garage shall
extend more than 4.5 metres beyond the wall containing the
main entrance to the dwelling unit;
(iii) width of garage entrance (maximum):
3.1 metres;
o
PROVISIONS ("SA-8", "SA-9" and "SA-10" Zones)
(1) Uses Permitted ("SA-8", "SA-9" and "SA-10" Zones)
No person shall, within the lands designated "SA-8", "SA-9" and "SA-10" on
Schedule I attached hereto, use any lot or erect, alter or use any building or
structure for any purpose except the following:
(a) single attached dwelling residential use;
(2)
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Zone Requirements ("SA-8", "SA-9" and "SA-10" Zones)
No person shall, within the lands designated "SA-8", "SA-9" and "SA-10" on
Schedule I attached hereto, use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
(b)
(c)
(d)
LOT AREA (minimum):
(i) on lands designated "SA-8"
(ii) on lands designated "SA-9" and "SA-10"
LOT FRONTAGE (minimum):
(i) on lands designated "SA-8"
(ii) on lands designated"SA-9"
(iii) on lands designated "SA-10"
FRONT YARD DEPTH:
(i) 2.7 metres minimum;
(ii) 4.6 metres maximum:
(iii)
(e)
(f)
(g)
Despite (ii) above, no maximum front yard depth shall apply to the
lands designated "SA-8" on Schedule I
attached hereto,
(i) 1.2 metres; and
A
on the side where dwellings on adjacent lots are attached, no
side yard is required, provided any wall other than the common
wall that is on the side of the lot upon which the dwellings are
attached, shall be set back from the lot line separating such lots
as follows:
1.2 metres measured perpendicularly to such side lot line
if no side yard is provided on the abutting lot; or
11
0.6 of a metre measured perpendicularly to such side lot
line is a side yard is provided on the abutting lot;
FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres;
REAR YARD DEPTH (minimum):
6.0 metres;
OBSTRUCTION OF YARDS:
(i)
Despite section 5.7(b) of By-law 3036, covered and unenclosed
porches, verandahs and flankage entrance features not exceeding 1.5
metres in height above the established grade may project no more than:
A 1.5 metres into any required front or rear yard;
B 1.0 metres into any required flankage side yard;
C 0.6 metres into any required side yard;
110 square metres;
180 square metres;
5.0 metres;
6.0 metres;
7.6 metres;
INTERIOR SIDE YARD WIDTH (minimum):
(h)
(i)
O)
(ii)
-7-
Despite (i) above and section 5.7(b) of By-law 3036, on the lands
designated "SA-8" on Schedule I attached hereto, covered and
unenclosed porches, verandas and decks not exceeding more than 4.0
metres above the established grade may project no more than 1.5
metres into that required rear yard;
BUILDING HEIGHT:
(i) maximum:
13.0 metres and 4 storeys;
(ii) minimum:
8.5 metres and 2 storeys;
PARKING REQUIREMENTS:
(i) on the lands designated "SA-8" on Schedule I attached hereto:
A
a minimum of one private garage shall be provided per lot,
located in the rear yard, any vehicular entrance of which shall
be located not less than 6.0 metres from the rear lot line, and
not less than 6.0 metres from any side lot line immediately
adjoining or abutting a reserve on the opposite side of which is
a street;
(ii)
on the lands designated "SA-9"and "SA-10" on Schedule I attached
hereto:
A
a minimum of one private garage shall be provided per lot, any
vehicular entrance to 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 or abutting a reserve on
the opposite side of which is a street;
B
no part of any attached private garage shall extend more than
2.5 metres beyond the wall containing the main entrance to the
dwelling unit, except:
where a covered and unenclosed porch or verandah extends
a minimum of 1.8 metres from the wall containing the main
entrance to the dwelling, 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; or
II
where an covered and unenclosed porch or verandah
extends a minimum of 2.0 metres form the wall containing
the main entrance to the dwelling unit and where second
storey habitable floor space located above the garage is set
back no more than 2.5 metres beyond the vehicular
entrance of any attached private garage, no part of any
attached private garage shall extend more than 4.5 metres
beyond the wall containing the main entrance to the
dwelling unit.
SPECIAL REGULATIONS: Despite section 2.46(c)(i) of By-law
3036, the boundaries of the lands designated "SA-8" on Schedule I
attached hereto which abut Valley Farm Road shall be deemed the front lot
line and the opposite side of which shall be deemed a rear lot line.
-8-
o
PROVISIONS ("RMM-3" Zone)
(1) Uses Permitted ("RMM-3" Zone)
No person shall, within the lands designated "RMM-3" on Schedule I attached
hereto, use any lot or erect, alter or use any building or structure for any purpose
except the following:
(a) multiple dwelling - vertical;
(b) convenience store;
(c) day nursery;
(d) personal service shop; and
(e) professional office;
(2)
The provisions of this By-law shall apply collectively to the lands designated
"RMM-3" on Schedule I attached hereto notwithstanding its division into 2 or
more parcels;
(3) Zone Requirements ("RMM-3" Zone)
No person shall, within the lands designated "RMM-3" on Schedule I attached
hereto, use any lot or erect, alter or use any building or structure except in
accordance with the following provisions:
(a) LOT AREA (minimum):
2,500 square metres;
(b) BUILDING LOCATION AND SETBACKS:
(i) multiple dwelling- vertical:
A
For the purpose of this clause, the building envelope and
build-to-zone abutting the north side and west side of the lands
shown on Schedule I attached hereto shall be measured from
said property lines;
B
No multiple dwelling-vertical shall be erected outside the
building envelope shown on Schedule I attached hereto;
C
No building or part of a building or buildings shall be erected
within Area A, as shown on Schedule I, unless 75% of the
length of the build-to-zone contains a building or part of a
building or buildings;
D
No building or part of a building or buildings shall be erected
within Area B, as shown on Schedule I, unless 75% of the
length of the build-to-zone contains a building or part of a
building or buildings;
E
Any portion of a building or structure in excess of 16.0 metres
in height shall be set back at least 1.0 metre from the main wall
of the building or structure which faces Valley Farm Road or
Kingston Road;
F
Notwithstanding any of the setback or build-to-zone provisions
of this By-law, a setback of 0.5 of a metre is permitted for
underground buildings and structures, or parts thereof;
-9-
(c) BUILDING HEIGHT:
A
B
Within the area identified as Area A on Schedule I, the
minimum building height shall be 16 metres and 6 storeys and
the maximum building height shall be 35 metres and
10 storeys;
Within the area identified as Area B on Schedule I, the
minimum building height shall be 16 metres and 6 storeys and
the maximum building height shall be 48 metres and
15 storeys;
C
Despite the provisions of subsections A and B above, a
minimum of one building or portion thereof located within
Area B shall be at least 6 metres and 2 storeys in height greater
than any building located within Area A;
D
The provisions of subsection A, B, and C above shall not apply
to any accessory buildings, including such purposes as
recreation, security, or other similar purposes;
E
All maximum and minimum height measurements shall
exclude chimneys, antennae, elevator machine rooms,
mechanical penthouses, cupolas, steeples, parapet walls and
other roof structures used only as an ornament upon or to house
mechanical structures;
(d) DWELLING UNIT REQUIREMENTS:
(i) multiple dwelling- vertical:
A
B
a minimum of 324 dwelling units shall be permitted;
a maximum of 476 dwelling units shall be permitted;
(e) LANDSCAPED OPEN SPACE REQUIREMENT:
(0
(i) multiple dwelling-vertical:
landscape open space shall not be less
than 10 percent of the total lot area;
PARKING REQUIREMENTS:
A multiple dwelling- vertical:
(i)
There shall be provided and maintained a minimum of
1.2 below grade parking spaces per dwelling unit for residents
and a minimum of 0.3 of a parking space per dwelling unit for
visitors;
B
(i)
There shall be provided and maintained a minimum of
4.5 parking spaces per 100 square metres of gross leasable floor
area for all uses listed in section 6 (1) of this By-law except for
multiple dwelling - vertical. Non-resident parking shall be
provided at grade, in a below grade structure, or both;
(ii)
Despite Clauses 5.21.2g) and 5.21.2k) of By-law 3036, as
amended, all entrance and exits to parking areas and all parking
areas shall be surfaced with brick, asphalt, or concrete, or any
combination thereof;
o
o
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(iii)
At grade parking lots shall be permitted no closer than
3.0 metres fi.om any public road;
(iv)
Notwithstanding any of the setback or build-to-zone provisions
of the By-law, a setback of 0.5 of a metre is permitted for
underground buildings and structures, or parts thereof;
(g) SPECIAL REGULATIONS:
(i) Non-residential uses shall only be permitted within the first two
storeys of a building containing multiple dwellings - vertical;
(ii)
The maximum gross leasable floor area for each convenience store,
day nursery, personal service shop and professional office shall be
250 square metres;
(iii) The aggregate gross leasable floor area for all non-residential uses
permitted shall not exceed 1,000 square metres.
PROVISIONS ("RC" Zone)
(1) Uses Permitted ("RC" Zone)
No person shall, within the lands designated "RC" on Schedule I attached hereto,
use any lot or erect, alter or use any building or structure for any purpose except
for a recreation facility and uses accessory thereto;
(2) Zone Requirements ("RC" Zone)
No buildings or structures shall be permitted to be erected, nor any existing
buildings or structures be modified or changed except where buildings or
structures are to be used for the purpose of a recreation facility and uses accessory
thereto.
MODEL HOMES
A maximum of 10 Model Homes, together with no fewer than 2 parking spaces per
Model Home may be constructed on the lands set out on Schedule I attached hereto, prior
to division of those lands by registration of a plan of subdivision.
For the purpose of this By-law, "Model Home" shall mean a dwelling unit used
exclusively for sales display and for marketing purposes, pursuant to an agreement with
the City of Pickering, and not used for residential purposes.
BY-LAW 3036
(1) By-law 5690/00 is hereby repealed.
(2)
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.
Clauses 5.9 and 5.22 of By-law 3036 shall not apply to the land designated "S-SD-3",
"SA-8", "SA-9" and "SA-10" on Schedule I attached hereto.
-11-
Clauses 5.9 and 5.21.2(a), 5.21.2(b), 5.21.2(d), 5.21.2(e), 5.21.2(0, 5.21.2(g), 5.2.21(i),
5.21.2(k), 5.22 and 6.5 (b) and (c) of By-law 3036 shall not apply to the lands designated
"RMM-3" on Schedule I attached hereto.
10. 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 15 day of
October ,2001.
Bruce Taylor, Clerk
?
/
SA-10
RC
SA-9
S-SD-3
SA-10
S-SD-3
S-SD-3
SA-9
N
BUILD TO ZONE
BUILDING ENVELOPE
SCHEDULE T TO BY-LAW
PASSED THIS 15
October
DAY OF 2001
5891/o 1
"INCH A~NUE FINCH AVE,
~YLY STRE~ ~Y STRE~
City of Picketing Planning & Development Depart~ment
?
I DATE OCT 11, 2001
"II