HomeMy WebLinkAboutBy-law 5983/02PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
April30,2002
To:
From:
Subject:
Bruce Taylor
City Clerk
Ross Pym
Principal Planner - Development Review
Draft Amending By-law for
Zoning By-law Amendment Application Al4/01
Draft Plan of Subdivision S-P-2001-05
Marshall Homes (Altona) Ltd
Lot 6 and Part of Lots 3, 4, and 5 Plan 506
North side of Finch Avenue, east of Altona Road
City of Pickering
On January 21, 2002, Council approved the above-noted applications to permit the
development of 35 detached dwellings on 9 metre fi:ontage lots. 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 attached for the
consideration of City Council at their meeting scheduled for May 6, 2002.
A Statutory Public Meeting was held for this application on August 9, 2001.
The purpose and effect of this by-law is to permit the implementation of draft plan of
subdivision S-P-2001-05 containing 35 detached dwellings..
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.
Di~ecto~ '
Principal Planner - Development Review
m /jf
Attachment
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 5983/02
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended,
to implement the Official Plan of the City of Picketing, Region of Durham on
Lot 6 and Part Lot 3, 4 and 5, Plan 506, in the City of Pickering.
(A 14/01, S-P-2001-05)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit
the development of detached dwellings on Lot 6 and Part Lot 3, 4 and 5, Plan 506, 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 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 on LOt 6 and Part Lot 3, 4 and 5,
Plan 506, Picketing, designated "S4-3", 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;
(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, 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;
(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;
-2-
(3)
(4)
(5)
(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 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;
(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;
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 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.
-3-
o
PROVISIONS
(1) (a) Uses Permitted ("S4-3" Zone)
No person shall within the lands designated "S4-3" 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 Requirements ("S4-3" Zone)
No person shall within the lands designated "S4-3" 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):
250 square metres;
(ii) LOT FRONTAGE (minimum):
9.0 metres;
(iii) FRONT YARD DEPTH (minimum):
4.5 metres;
(iv) INTERIOR SIDE YARD WIDTH:
A 1.2 metres one side;
B 0.6 metres the other side;
(v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres;
(vi) REAR YARD DEPTH (minimum):
7.5 metres;
(vii) LOT COVERAGE (maximum):
48 percent;
(viii) BUILDING HEIGHT (maximum):
12 metres;
(ix) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit
per lot and minimum gross floor area residential of 100 square metres;
(x) PARKING REQUIREMENTS:
A
minimum one private garage 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 fi'om any side lot line immediately
adjoining a street or abutting on 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 unit, 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
-4-
II
where a 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 an attached private
garage, no part of any attached private garage shall extend more
than 6.0 metres beyond the wall containing the main entrance to
the dwelling unit;
(xi) SPECIAL REGULATIONS:
A
despite the provisions of Section 5.1(b) of this By-law unenclosed
porches not exceeding 1.5 metres in height above established grade,
may encroach a maximum 1.5 metres into a required minimum front
yard and minimum flankage side yard and a maximum of 0.6 metres
into a required side yard where the side yard is a minimum of 1.2
metres.
o
MODEL HOMES
Despite the provisions of Clause 6.1 of By-law 3036, a maximum of 4 Model Homes,
together with not fewer than two parking spaces per Model Home, may be constructed on
the lands set out in Schedule I attached hereto prior to division of those lands by
registration of a plan of subdivision or condominium.
For the purposes 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~ as amended
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 come into force in accordance with the provisions of the Planning Act.
BY-LAW read a first, second and third time and finally passed this __
May ., 2002.
6th day of
Wayne Arthur~M.a'yor
l~ruce laylor, ~lerK"
S4-3
S4-3
SCHEDULE '!' TO BY-LAW 5983/02
PASSED THIS 6th
DAY OF May 2002
MAYOR
T~UN~
L/NE'
FINCH
AVl3.eU£
GROVE
FINCH
CRES.
WOOOSMERE
CRESCENT
TRANQUIL
City of Pickering
Planning & Development Department
DATE MAY 1,2002