HomeMy WebLinkAboutBy-law 6370/04September 9, 2004
PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
To:
From:
Subject:
Bruce Taylor
City Clerk
Ross Pym
Principal Planner- Development Review
Draft Amending By-law for
Zoning By-law Amendment Application A 20/03
Brookfield Homes (Ontario) Limited
Part of Lot 17, Concession 2
City of Pickering
On July 26, 2004, Council approved the above-noted application to permit the
development of a townhouse project containing 132 townhouse dwelling units. The
draft by-law has been reviewed by the applicant, and is attached for the consideration of
City Council at their meeting scheduled for September 20, 2004.
A Statutory Public Meeting was held for this application on November 20, 2003.
The purpose and effect of this by-law is to permit the development of a block of land for
a residential project containing 132 townhouse dwelling units and to rezone a block of
land for open space purposes.
The By-law establishes the building setbacks from the property lines, building heights,
parking requirements and other site development restrictions. The details of the
development of the site will occur through the site plan review process. Development
matters, such as grading, stormwater management and tree preservation and tree
transplanting, as noted by the residents of the neighbourhood will be considered
through the site plan review process. Opportunity will be available for the residents of
the area to be involved in the site plan review process.
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, ~.n..~'~-& DeVelOpment
RP:Id
~plan lfles~rookfle~d~ylaw memo
Attachment
Ross Pym, MCIP, RPP ~./'
Principal Planner- Development Review
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6370/04
Being a By-law to amend Restricted Area Zoning By-law 3036, as
amended, to implement the Official Plan of the City of Pickering, Region
of Durham, Part of Lot 17, Concession 2, in the City of Pickering.
(A 20/03)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit the development of townhouse dwelling units on the subject lands being Part of
Lot 17, Concession 2 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 HEREBY ENACTS AS FOLLOWS:
SCHEDULE I
Schedules I and II attached hereto with notations and references shown thereon
are hereby declared to be part of this By-law.
AREA RESTRICTED
The provisions of this By-law shall apply to those lands being Part of Lot 17,
Concession 2, designated "MD-H5" and "OS-HL" on Schedule I attached hereto.
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)
"Multiple Dwelling-Horizontal" shall mean a building containing three or
more dwelling units attached horizontally, not vertically, by an
above-grade wall or walls;
(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)
(b)
(c)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
"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;
"Lot Covera.qe" shall mean the percentage of lot area covered by all
buildings on the lot;
"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;
"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;
"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;
"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;
"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;
"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;
"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;
"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;
"Flanka.qe 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;
"Interior Side Yard" shall mean a side yard other than a flankage side
yard.
3
PROVISIONS
(1) (a) Uses Permitted ("MD-H5"Zone)
No person shall within the lands designated "MD-H5" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or
structure for any purpose except the following:
(i) multiple dwelling-horizontal;
(b) Zone Requirements ("MD-H5" Zone)
No person shall within the lands designated "MD-H5" on Schedule I
attached hereto, use any lot or erect, alter, or use any building except
in accordance with the following provisions:
(i) BUILDING REQUIREMENTS:
A Number of Dwelling Units (maximum): 132
B Building Height (maximum):
12.0 metres
C Dwelling Unit Width (minimum):
5.5 metres
D Lot Coverage (maximum):
40 percent
E Dwelling Unit Requirements:
(I) Maximum one dwelling unit per lot;
(11)
Minimum gross floor area residential of 100 square
metres;
F Building Location and Setbacks:
No building, part of a building, structure or part of a
structure shall be erected except within the limits of
the building envelope illustrated on Schedule II
attached hereto;
(11)
Despite paragraph (I) above, buildings or structures
associated with permitted mechanical, recreational,
security, parking, refuse storage and other ancillary
residential facilities shall be permitted beyond the
limits of the building envelope but no closer than
3.0 metres to the northern, eastern or western limit
of the lands illustrated on Schedule II attached
hereto;
Despite paragraph (I) above uncovered steps,
covered porches and platforms not exceeding
2.0 metres in height shall be permitted to project a
maximum of 1.5 metres beyond the limits of the
building envelope shown on Schedule II attached
hereto;
(ii) PARKING REQUIREMENTS:
A Minimum Parking Spaces (per dwelling unit): 2 spaces
B Minimum private garage per lot: 1
4
C
Any vehicular entrance for a private garage shall be
located a minimum of 5.8 metres from any lot line that
abuts the street or private road that provides vehicle
access to the private garage;
D
Where a townhouse dwelling unit provides two parking
spaces within a private garage located on the same lot the
requirements of paragraph C above are not required.
E Visitor Parking Spaces:
For all lands designated "MD-H5" on Schedule I
attached hereto a minimum of 40 visitor parking
spaces shall be provided;
F
Despite clauses 5.21.2g) and 5.21.2k) of By-law 3036, as
amended, all entrances and exits to parking areas and all
parking areas shall be surfaced with brick, asphalt or
concrete, or any combination thereof;
G
Clauses 5.21.2a), 5.21.2b), 5.21.2c), 5.21.2d) 5.21.2e),
5.21.2f), and 5.21.2i) of By-law 3036, as amended, shall
not apply to lands designated "MD-H5" on Schedule I
attached hereto;
SPECIAL REGULATIONS:
A
Clauses 5.18(a) and 5.22 of By-law 3036, as amended,
shall not apply to lands designated "MD-H5" on Schedule I
attached hereto;
B
Despite the provisions of Section 5.6 of By-law 3036, as
amended, the requirement for the frontage on a public
street shall be satisfied by establishing frontage on a
common element condominium street;
(2) (a) Uses 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 following:
(i)
preservation and conservation of the natural environment, soil
and wildlife;
(ii) resource management;
(b) Zone Requirements ("OS-HL"Zone)
(i)
No buildings or structures shall be permitted to be erected, 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, resource management, or trail and walkway
purposes.
5
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 relevant provisions of
By-law 3036, as amended.
7. 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 2O
September ,2004.
day of
David Rya n(~'~-''''~
~'f'uce Taylor, Clerk
OS-HL
MD-H5
SCHEDULE I TO BY-LAW 6370/04
PASSED THIS 20
DAY OF Sept~r~b er 2004
MAYOR
CLERK
.... BUILDING ENVELOPE
SCHEDULE ]] TO BY-LAW 6370/04
PASSED THIS 20
DAY OF Sep te-rb e r 2004
MAYOR
CLEJ/
FINCH AVENUE
CRESCENT
SUBJECT!
PROPERTY:
ROAD
BAINBRIDGE
BANBURY
COURT
City of Pickering
DRIVE ~
I
Planning & Development Department
DATE SEPT. 2, 2004