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~