HomeMy WebLinkAboutBy-law 3739/91375?
June 5, 1991
INTERDEPARTMENTAL CORRESPONDENCE
PLANNING DEPARTMENT
TO: Kathryn McKay
Deputy Clerk
FROM: Nell Carroll
Director of Planning
RE:
Draft Amending By-law for
Zoning By-law Amendment Application A 110/81
Draft Plan of Subdivision 18T-81037
Bramalea Limited
Part of Lot 35, Concession 1
Town of Picketing
Further to Council's approval of the above noted by-law amendment in 1983, and
Bramalea's recent request to continue processing the application, this Department has
prepared a draft amending by-law. The draft by-law has been circulated to and approved by
both the applicant and the Town Solicitor, and therefore, is attached for the consideration of
Town Council at their Meeting scheduled for June 17, 1991.
Please note that, as this application was processed under the ~, a Statutory
Public Information Meeting must be held prior to the Council Meeting. This by-law may then
be given all three readings at any one Council meeting.
The purpose and effect of this by-law is to implement Council's approval of Draft Plan
of Subdivision 18T-81037 to permit the development of 99 residential lots with minimum
frontages of 18.0 metres, and twelve future residential development blocks on lands west of
existing development on Pine Grove Avenue.
JGC/
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 3739/91
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended,
to implement the Official Plan of the Town of Pickering District Planning
Area, Region of Durham in Part of Lot 35, Concession 1, in the Town of
Pickering.
(A 110/81, 18T-81037)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
permit the development of detached residenti,al dwelling units having minimum lot frontages
of 18.0 metres to occur on the subject lands being Part of Lot 35, Concession 1, in the Town 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 TOWN OF
PICKERING HEREBY ENACIS AS FOLLOWS:
SCHEDULE I
Schedule 1 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 Part of Lot 35, Concession 1 in
the Town of Pickering, designated "R3-4" 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 provisions of this By-law.
4. DEFINITIONS
In this By-law,
(1)
(2)
(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 be!ns occupied as a single, independent and separate housekeeping unit
contmmng a separate kitchen and sanitary facilities;
(c) "Dwelling. Single or Single Dwelling" shall mean a dwelling containing one
dwelling unit and uses accessory thereto;
(d) "Dwelling, Detached or Detached Dwelling" shall mean a single dwelling which
is freestanding, separate and detached from other main buildings or structures;
(e)
"Semi-Detached Dwelling - Attached Below Grade" shall mean one of a pair of
single dwellings which are attached together horizontally in whole or in part
below grade only and are separated from other main buildings by yards.
(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)
(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 a 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;
(b)
"Front Yard" shall mean a yard
the front lot line of the lot and
structure on the lot;
extending across the full width of a lot between
the nearest wall of the nearest main building or
(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 y'.ard
of a lot between the rear lot line, 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;
(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;
n Y h'llm n id rd imm 1 tel dmmn
(h) Fla kageSide ard s a ea as' eya ' ed'a ya j ' ' gastreetor
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.
PROVISIONS
(1) (a) Uses Permitted CR3-4" Zone)
No person shall within the lands designated "R3-4" 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 uses
(2)
(b)
A
B
(a)
-3-
Zone Requirements ("R3-4" Zone)
No person shall within the lands designated "R3-4" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with
the following provisions:
(i)
(ii)
(iii)
(iv)
O)
LOT AREA (minimum):
LOT FRONTAGE (minimum):
FRONT YARD DEPTH (minimum):
INTERIOR SIDE YARD
WIDTH (minimum):
(II)
1.8
located in the rear yard.
(v) FLANKAGE SIDE YARD
WIDTH (minimum):
(vi)
(vii) LOT COVERAGE (maximum):
(viii)
(x)
(xi)
A
B
~Jses
550 square metres
18 metres
4.5 metres
1.2 metres provided to the nearest wall of a private garage attached to
the main dwelling, and
1.8 metres provided to any other wall of the main dwelling, or
metres one side, and 4.0 metres other side where a detached garage is
2.7 metres
REAR YARD DEPTH (minimum):
7.5 metres
38 percent
BUILDING HEIGHT (maximum):
12.0 metres
DWELLING UNIT REQUIREMENTS: maximum one dwelling unit
per lot and minimum gross floor area-residential of 100 square metres.
PARKING REQUIREMENTS: minimum one private
garage per lot, any wall or 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 street
or a reserve on the opposite side of which is a street.
SPECIAL REGULATIONS:
Any private garage detached from the main dwelling shall be located not
less than 1.2 metres from any side lot fine, and not less than 3.0 metres
from any rear lot line.
Despite the provisions of 5.(1)(b)(viii) above, the maximum building
height for any detached private garage shall be 3.6 metres;
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 preservation and conservation of the natural environment,
soil and wildh'te.
(b) Zone Requirements ("OS-HI2' Zone)
No Buildings or structures shall be permitted to be erected, nor any existing
buildings or structures be modified or chan.ged, nor shall the placing or
removal of fill be permitted, except where buildings or structures are used only
for purposes of flood and erosion control.
-4-
6. BY-LAW 3036
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 the relevant provisions of By-law 3036, as amended.
ENFORCEMENT
(1) Any person who contravenes any of the provisions of this By-law is guilty of an
offence and on conviction is liable,
(a) on a first conviction to a fine of not more than $20,000; and
(b) on a subsequent conviction to a fine of not more than $10,000 for each day or
part thereof upon which the contravention has continued after the day on which
he was first convicted.
(2) Where a corporation is convicted under subsection (1), the maximum penalty that
may be imposed is,
(a) on a first conviction a fine of not more than $50,000; and
(b) on a subsequent conviction a fine of not more than $25,000 for each day or part
thereof upon which the contravention has been continued after the day on
which the corporation was first convicted;
and not as provided in subsection (1).
(3) Where a conviction is entered under subsection (1), in addition to any other remedy
or penalty by law, the court in which the conviction has been entered, and any court
of competent jurisdiction thereafter, may make an order prohibiting the continuation
or repetition of the offence by the person convicted.
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.
READ A FIRST AND SECOND TIME THIS
DAY OF ,1991.
READ A THIRD TIME AND PASSED THIS
DAY OF , 1991.
MAYOR
WAYNE ARTHURS
CLERK
BRUCE J. TAYLOR
TOWN OF
F'tCKERING
APPROVED
AS TO FORI¢,
LEGAL DEPT
z
53.3
R3-4
PART 1 , PLAN 4OR- 1 1956
HOMER COURT
R3-4
45.0
2O
18 5
0S-HL
R3-4
WEST STRE~f
R3-4
NOT~: ALL DIMENSIONS SHOWN ARE IN METRES
8
HOGARTH STREET
7
6
SCHEDULE I TO
PASSED THIS
DAY OF
BY-LAW
1991
MAYOR
CLERK