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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