HomeMy WebLinkAboutBy-law 1849/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1849/84
Being a Zoning By-law to amend Restricted
Area By-law 2511, as amended, to implement
the Official Plan of the Town of Pickering
District Planning Area, Region of Durham,
in Part Lots 64, 65, 66, 67, 68, 69, 70
and 71, Plan 418, in the Town of Pickering.
(A 54/80; 18T-80006)
J
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the development of detached dwellings
and semi-detached dwellings attached below grade only to occur on
the subject lands being Part Lots 64 to 71 inclusive, Plan 418, in
the Town of Pickering;
AND WHEREAS an amendment to By-law 2511, as amended, is therefore
deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
SCHEDULE "I"
Schedule "I" hereto with notations and references shown
is hereby declared to be part of this By-law.
thereon
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in
Part Lots 64, 65, 66, 67, 68, 69, 70 and 71, Plan 418, Town of
Pickering, designated "S" and "SD-B" 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)
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 a 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, Single or Single Dwelling" shall mean a
dwelling containing one dwelling unit and uses accessory
thereto.
d)
"Dwelling, Detached or Detac.h.ed Dwelling" shall mean
a single dwelling which is freestanding, separate and
detached from other main buildings or structures.
continued...
Page
2)
3)
5)
e)
"Dwelling, Semi-Detached or Semi-Detached Dwellin~
Attached Below Grade" shall mean one of a pair or
dwellings, such dwellings being attached together
horizontally in whole or in part below grade only.
single
a)
"Floor Area" shall mean the area of the
contained within the outside walls of a
part of a storey.
floor surface
storey or
b)
"Gross Floor Area" shall mean the aggregate of the
floor areas of all the storeys of a building or structure,
or a part thereof as the case may be, other than a
private garage, an attic or a cellar.
c) "Dwelling Unit Area" shall mean the aggregate of the
floor areas of all habitable rooms of a dwelling unit.
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 a 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 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 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.
continued...
Page 3
f)
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.
"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.
"Flanka~e 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) "Interior Side Yard" shall mean a side yard other than
a flankage side yard.
l) Uses Permitted -"S" Zone
No person shall within the lands designated "S" on
Schedule "I" hereto, use any lot or erect, alter or
use any building or structure for any purpose except
the following:
(a) detached dwelling residential uses
2) Zone Requirements -"S" Zone
No person shall within the lands designated "S" on
Schedule "I" hereto, use any lot or erect, alter or
use any building or structure except in accordance
with the following provisions:
(a) LOT AREA (minimum):
(b) LOT FRONTAGE (minimum):
(c) FRONT YARD DEPTH (minimum):
(d) SIDE YARD WIDTHS (minima):
A interior side yard:
B flankage side yard:
450 square metres
15 metres
6 metres
1.5 metres one side,
1.2 metres other side
4 metres
e) REAR YARD DEPTH (minimum):
f) FLOOR AREA (minimum):
g) LOT COVERAGE (maximum):
h) BUILDING HEIGHT (maximum):
i) DWELLINGS PER LOT (maximum):
j) PRIVATE GARAGES (minimum):
7.5 metres
100 square metres
35 percent
12 metres
1 only
1 per dwelling,
attached to the main
building.
continued...
Page 4
(1) Uses Permitted-"SD-B" Zone
Ho person shall within the lands designated "SD-B"
on Schedule "I" hereto, use any lot or erect, alter
er use any building or structure for any purpose
except:
(a) semi-detached dwelling attached below grade
residential uses.
(2) Zone Requirements-"SD-B" Zone
No person shall within the lands designated "SD-B"
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure except in accordance
with the following provisions:
(a) LOT AREA (minimum):
(b) LOT FRONTAGE (minimum):
(c} FRONT YARD DEPTH (minimum):
{d) SIDE YARD WIDTHS {Minima)
320 square metres
10.5 metres
6 metres
A
interior side yard: 1.5 metres, except that
in the case of an
interior side yard between a pair of attached
single dwellings the minimum shall be 0.9 metres
B flankage side yard: 4 metres
{e) REAR YARD DEPTH (minimum): 7.5 metres
(f).FLOOR AREA {minimum}: 100 square metres
{g) LOT COVERAGE {maximum): 35 percent
{h} BUILDING HEIGHT {maximum}: 12 metres
{i) DWELLINGS PER LOT {maximum): 1 only
(j) PRIVATE GARAGES (minimum}: 1 per dwelling,
attached to the main
building and located not less than 6 metres from
the front lot line.
o
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
continued ...
Page 5
(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 any penalty by law, the
court in which the conviction has been entered, and any
court of competent jurisdiction thereafter, may ma.ke an
order prohibiting the continuation or repetition of the
offence by the person convicted.
8. BY-LAW 2511
(1)
By-law 2511, 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.
(2)
Definitions and subject matters not specifically dealt
with in this By-law shall be governed by the relevant
provisions of By-law 2511, as amended.
9. EFFECTIVE DATE
This By-law shall take effect from the day of passing thereof
subject to the approval of the Ontario Municipal Board, if
required.
READ A FIRST AND SECOND TIME THIS 4th DAY OF Jtme , 1984.
READ A THIRD TIME AND PASSED THIS 4th DAY OF ,T~e , 1984.
CLER~/
TOWN OF
P~CKEF(iNG
APP~OVEO
AS TD FD~tM
LE_GAL DEPT,_
Ontario
840501
Ontario Municipal Board
IN THE MATTER OF Section 39 of
The. P~annl~g Act, (R.S.0. 1980,
c. 379)
AND IN THE MATTER OF an application
by The Corporation of the Town of
Picketing for approval o£ its
RestrictedArea By-law 1849/84
BEFORE z
] Friday, the 22nd day
E.A. SEABORN
Member ] of March, 1985
THIS APPLICATION having come on for public hearing an6 after
the hearing of the application the council of the applicant
corporation having an opportunity to consider certain amend-
ments to the said by-law and the said coun=ll having on the
llth day of March, 1985 passed By-law 1985/85 further amending
By-law 2511 as amended by By-law 1849/84 and incorporating
certain recommendations of the Board and having caused a
certified copy thereof to be filed and the Board hav~ng
dispensed with notice and hearing in reepect of By-law 1985/85~
THE BOARD ORDERS that By-Xaw 1849/84 as amended by By-law
1985/85 is hereby approved.
REC -:IVE-O
S,,;L,~, TuR
Ontario ,~,
R
840501
Ontario Municipal Board ~o~
IN TXE ~ATTER OF Section 39 of The' Planning
Act (R.S.O. 1980, c. 379)
- and -
IN THE MATTER OF an application by the
Corporation of the Town of Pickering for
approval of its Restricted Area By?law
1849/84
COUNSEL:
C.M. Timothy Sheffield - for
A.F. Markes - for
S. Powell - for
(Law Clerk)
the Corporation of the Town of
Pickering
Rulor Developments Limited
Canadian National Railways
DECISION OF THE BOARD delivered .~y E.A. SEABORN
The subject by?law proposes to re-zone Part Lots 64 to 71 inclusive,
Plan 418, in the Town of Picketing to permit development of 15 detached and
16 semi-detached dwellings, implementing a Plan of Subdivision 18T780006,
draft approved by the Minister on June 4 and August 17, 1982.
The lands lie between Rosebank Road South and a Canadian National
Railways right?of?way in the area south of Highway 4Ol.
under By?law 2511 (approved in 1963) is R3 and R4,
requiring 60 feet frontages in R3 and 50 feet in R4,
The present zoning
residential zonings
Proposed zonings are S for single?family homes on 50 foot lots and
SD-B, allowing semi-detached dwellings on 70 foot lots.
The lands are designated "residential"
Region of Durham, approved on March 17, 1978.
type of use proposed.
in the Official Plan of the
Such designation permits the
- 2 - R 840501
The Pickering District Plan, approved March 23, 1981 designates the
subject lands L.D.2 - low density residential. The densities proposed
conform to the L.D,2 designation.
Official Plan Amendment No. 4 to the Picketing District Plan was
approved on August 8, 1984, and is the Fairport - Rosebank Neighbourhood
Plan. It allows development on this site to a density of 5 to l0 units per
acre. The plans call for between 6 and 7 units per acre. Amendment No. 4
al so restricts housing types to not more than 50 per cent semi-detached
units. There are 15 single?family and 16 semi-detached homes proposed.
The original plan of subdivision included six lots on the east side
of Rosebank Road South providing a mix of 21 singles and 16 semi-detached.
The owner was granted severances for those six lots from the remainder that
is before the Board. Only singles are permitted on the Rosebank Road lots.
As stated above,
draftcapproved the plan
conditions. The draft
approval as Exhibit 7.
the Minister of Municipal Affairs and Housing
of subdivision on June 4, 1982, subject to 24
plan was filed as Exhibit 5, and the Minister's
The Board was advised that the only concerns expressed on
circulation of the draft plan was by Canadian National Railways and the
Ministry of Environment in regard to noise and vibration from the railway
right?ofcway, fencing and drainage patterns. A noise study is to be
undertaken by the developer and noise control features must be satisfactory
to the Ministry of the Environment and the Town of Picketing.
Drainage, erosion and siltation effects in the site must be studied
and controls must be satisfactory to the Metropolitan Toronto and Region
Conservation Authority.
Fencing, drainage works, noise and vibration provisions are to be
acceptable to Canadian National Railways.
- 3 - R B40501
Matters referred to immediately above are included in a development
agreement. An agreement dated March 5, 1985 between the developer and
C.N.R. was submitted as Exhibit 9. The Board was advised by an accoustical
engineer that while this agreement has not yet been executed, it is
satisfactory to the railway.
One objector, Brian Edwards, testified at the hearing. He believed
the presence of semi-detached units in a basicaly single?family
neighbourhood would lower property values, create more unstable occupancy
and generally be incompatible with the area.
No expert evidence on market values was adduced.
planners supported the development as being compatible
the semis nearest the railroad.
Two well qualified
with the placing of
Counsel for the Town of Pickering filed as Exhibit 2, an amendment
to the byClaw before the Board which increases the set .... '- '=
~ ~ the
semi-detached homes from the railway rightcof?way to 25 metres.
When the Board is provided with the amendment, duly passed by
Council, it will approve that amendment together with By?law 1849/84. No
circulation of the amendment is required.
DATED at TORONTO this
22nd MARCH ,]~85
E.A. SEABORN
MEMBER
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