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HomeMy WebLinkAboutBy-law 6375/04( 20 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM September 29, 2004 To: Bruce Taylor City Clerk From: Mike Duff Planner II Subject: Draft Amending By-law for Zoning By-law Amendment Application A26/92 Draft Plan of Condominium 18CDM-92008 Kalmoni Establishments Inc. 1292 Old Orchard Ave. (Lot 8 and Part of Lots 7 & 9, Plan 432) City of Pickering Due to the length of time that has passed since Pickering Council approved By-law Amendment application A26/92, staff has prepared this detailed memorandum to update the status of the development and to forward an implementing zoning by-law for Council's consideration at its regular meeting of October 4, 2004. The subject property is located on the north side of Old Orchard Avenue, west of Liverpool Road (see Location Map, Attachment #2 and Pickering Council approval of A26/92, Attachment #3). The Condominium Plan and Zoning By-law Amendment for a maximum of 16 residential units continues to be compatible with neighbouring development and is similar to other new condominium developments throughout the City of Pickering. The Plan and by-law maintain and reflect conditions established through resident meetings and discussions with the applicant in the 1994 to 1996 time period when the matter was considered in detail (see Background History, Attachment #4). Finalizing the previously approved Draft Plan of Condominium through an Implementing By-law The City of Pickering conditionally approved Draft Plan of Condominium 18CDM-92008 in 1994. However, the applicant suspended the application pending a more favourable market condition. Consequently, an implementing by-law was not forwarded to Council for enactment. Kalmoni Establishments Inc. September29, 2004" 0 2 i Page 2 Preparation of a by-law that implements the general intent of the approved Draft Plan of Condominium while providing flexibility to consider revisions that improve site layout The approved Draft Plan of Condominium and zoning amendment set out strict criteria regarding setbacks from adjoining properties, roads and other dwellings, and established limits to the height and scope of the overall development to ensure resident privacy. The criteria were derived from the numerous resident concerns respecting privacy, and were incorporated in Council's conditions of zoning approval. The draft by- law accompanying this memorandum incorporates the performance standards previously introduced and will allow development of the approved condominium plan (see Attachment #1). Residents in the immediate vicinity of the subject property have been notified that the draft implementing by-law is being forwarded to Council. The draft by-law presented as Attachment 1 to this memorandum maintains the previous Council's approved standards including perimeter lot depths, while at the same time provides flexibility in building location within the building envelope. This flexibility will permit a potential reorientation of units, provide improved separation between units, and better overall living conditions. Details of the site design will be assessed through the site plan review process. It is recommended the implementing by-law be forwarded to Council for enactment. I concur that this By-law be considered at this time: Neil Carrol~,~'~ Director, Pl~-~ning & Development MD:Id J:STAFFImdufflKalmonilMemorandum Attachments 1. Draft By-law 2. Location Map 3. Resolution #243/94 4. Background History Mike Duff Planner II THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6375/04 Being a By-law to amend Restricted Area (Zoning) By-law 2511 as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Lot 8 and Part of Lots 7 & 9, Plan 432, City of Pickering. (A 26/92) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of detached and semi-detached residential dwellings on the subject lands, specifically being Lot 8 and Part of Lots 7 & 9, Plan 432. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Lot 8 and Part of Lots 7 & 9, Plan 432, in the City of Pickering, designated "MD-S-SD" on Schedule I attached to this By-law. 3. GENERALPROVISIONS 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) "Dwellinq" 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, Semi-Detached Dwelling" shall mean one of a pair of single dwellings, such dwellings being attached together horizontally by an above-grade common wall. (d) "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 Ama-Residential" shall mean the ama 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; (3) (a) "Lot" shall mean an ama 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; -2- (b) "Lot Coveraqe" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontaqe" shall mean the width of a lot between the side lot lines measured along a parallel to and 7.5 metres distant from the front lot line; (4) "Private Garaqe". 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; (5) (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 ofa 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; (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; (h) "Flanka.qe 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) "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 stru. cture on the lot; (J) "Interior Side Yard" shall mean a side yard other than a flankage side yard. PROVISIONS (1) (a) Uses Permitted ("MD-S-SD" Zone) No person shall within the lands designated "MD-S-SD" 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; (ii) semi-detached dwelling residential use. -3- (b) Zone Requirements ("MD-S-SD" Zone) (i) No person shall within the lands designated "MD-S-SD" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (ii) BUILDING REQUIREMENTS: A Number of Dwelling Units (maximum) B Building Height (maximum) 16 C 9.0 metres Number of dwelling units fronting Old Orchard Avenue D Dwelling Unit Requirements: 4 (I) Maximum one dwelling unit per lot (11) Minimum gross floor area residential of 100 square metres; E Building Location and Setbacks: Buildings and structures shall be located entirely within the building envelope as illustrated on Schedule I attached hereto. LOT COVERAGE (Maximum): A 40 percent Despite Section 5(b)(ii) above, where a single storey covered and unenclosed verandah or porch having no habitable space above it is attached to the wall containing the main front entrance to the dwelling unit, such porch shall be excluded from the calculation of lot coverage. PARKING REQUIREMENTS: A Minimum Parking Spaces (per dwelling unit): 2 spaces B Minimum one private garage per lot C Any vehicular entrance for a private garage shall be located a minimum of 6 metres from any lot line that abuts the street or private road that provides vehicle access to the private garage; (iv) BUILDING SEPERATION: (v) A The horizontal distance between adjacent buildings shall not be less than 1.8 metres, except if such buildings are attached in whole or in part. SPECIAL REQUIREMENTS: A Despite Section 5(1)(b)(E)(I) Accessory Buildings and Uses are permitted in accordance with By-law 2511 Section 5.19. B Despite the provisions of Section 5.6 of By-law 2511, as amended, the requirement for the frontage on a public street shall be satisfied by establishing frontage on a common element condominium street and the following provisions apply: 4 (a) LotArea (minimum): 205 square metres (b) Lot Frontage (minimum): 7.0 metres (c) FrontYard Depth (minimum): (i) to front wall of dwelling: 4.5 metres (ii) to garage: 6.0 metres (d) Interior Side Yard Depth (minimum): (i) 1.2 metres; and (ii) on the side where dwellings on adjacent lots are attached, no side yard is required, provided any wall other than the common wall that is on the side of the lot upon which the dwellings are attached, or a direct extension thereof, shall be set back from the lot line separating such lots as follow: 1.2 metres measured perpendicularly to such side lot line if no side yard is provided on the abutting lot; or ii. 0.6 metres measured perpendicularly to such side lot line if a side yard is provided on the abutting lot; (e) Flankage Side Yard Width (minimum): 2.7 metres; (f) RearYard Depth (minimum): 7.5 metres; (g) Building Height (maximum): 9.0 metres. 7. BY-LAW 2511 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. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. 8. 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. BY-LAW read a first, second, and third time and finally passed this October ,2004. day of Dav~ayor '-;/Bruce Taylor, Clerk BUILDING ENVELOPE SCHEDULE T TO BY-LAW 6375/04 PASSED THIS 4th DAY OF October 2004 MAYOR CLE,~t~