HomeMy WebLinkAboutPD 18-08
Citlf ()~
REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PO 18-08
Date: May 5, 2008
I · ':'i.
From:
Neil Carroll
Director, Planning & Development
Subject:
Request from Toronto and Region Conservation Authority Respecting
541 Rodd Avenue
File: 0-8000-015
Recommendation:
1. That the Toronto Region Conservation Authority (TRCA) be advised that the City
of Pickering has no municipal interest in the building located at 541 Rodd
Avenue, and,
2. That should TRCA permit the current tenant at 541 Rodd Avenue to dismantle
and relocate the existing dwelling to 547 Rodd Avenue, the City requests that
any agreement between the Authority and the tenant require that:
a. such relocation comply with the City of Pickering Zoning By-law requirements,
b. a building permit be obtained for the proposed construction, and
3. Further, that following removal of the building at 541 Rodd Avenue, a 1.2 metre
high chain link fence be erected by the Authority, on TRCA lands, adjacent to the
rear lot line of 537, 537 A, 545, and 547 Rodd Avenue, to delineate the boundary
between TRCA ownership and private residential ownership.
Executive Summary: The Toronto and Region Conservation Authority (TRCA) has
requested the City to provide comments with respect to any potential interest it may
have for use of the residential dwelling situated on 541 Rodd Avenue, upon expiry of the
Authority's current lease with the existing tenant. The Authority intends to demolish the
building unless the City expresses an interest, and is considering a request of the
current tenant to dismantle the building and reassemble it at 547 Rodd Avenue
(neighbouring property). Should relocation be supported, the Authority has requested
that the City advise of any conditions and/or concerns it may have (see Location Map,
Attachment #1 and TRCA letter, Attachment #3).
Report PO 18-08
Date: May 5,2008
Subject: 541 Rodd Avenue
Page 2
)
/- "
When TRCA purchased these lands (0.35 acres) in April 1999, it was their intent to
demolish the dwelling and restore the lands to a natural state upon termination of the
ten year lease. Staff supports the objective of the TRCA to bring the shoreline area into
public ownership and reduce stress on the fragile shoreline area. Considering this
objective, the dwelling's location within the hazard limit of the Lake Ontario shoreline,
the age of the dwelling, and the property's location and isolated setting, staff do not
recommend municipal use of the building.
Consequently it is recommended that TRCA be advised that the City has no municipal
interest in the building located at 541 Rodd Avenue, and that TRCA proceed with
removal of the dwelling through either demolition or relocation. Should the Authority
permit the current tenant to relocate the building to 547 Rodd Avenue, it is requested
that such relocation comply with all applicable City zoning by-law requirements, and that
a building permit be obtained for the proposed construction.
In addition, following removal of the dwelling at 541 Rodd Avenue, it is requested that a
1.2 metre high chain link fence be erected on TRCA lands, adjacent to the rear lot line
of 537, 537A, 545, and 547 Rodd Avenue, to delineate the boundary between TRCA
ownership and private residential ownership (see Attachment #2).
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed demolition or relocation of the building situated on 541 Rodd Avenue.
Sustainability Implications: Removal of the dwelling at 541 Rodd Avenue will
contribute to a healthy and green environment by bringing the shoreline area into public
ownership, reducing stress on the fragile shoreline area, and providing opportunity for
site restoration.
Background:
TRCA acquired 541 Rodd Avenue in 1999 and leased the building back for 10 years
In 1997 the property at 541 Rodd Avenue fell within TRCA's approved master plan for
acquisition of properties along the Lake Ontario shoreline. The property is adjacent to
other Authority holdings. At the time, the property represented one of the few
remaining shoreline residential properties along the reach within the Rosebank
Neighbourhood, along Lake Ontario. The property is located within the hazard area of
the Lake Ontario shoreline, and is zoned 'R4' - Detached Dwelling Residential Zone by
By-law 2511.
Report PO 18-08
Date: May 5,2008
Subject: 541 Rodd Avenue
Page 3
..-)
/ (;
...~
The 0.35 acre property was part of a land exchange between TRCA and G. Dean,
J. McCarten and J_ Pitino, involving parcels of surplus Authority lands on the north side
of Rodd Avenue. The Authority leased back 541 Rodd Avenue to G. Dean,
J. McCarten and J_ Pitino for a 10 year period (with a one year option). The acquisition
of 541 Rodd Avenue helped consolidate the Authority's holdings into a more meaningful
and useful form, and assisted in ensuring that the long term vision of a public open
space system along this reach of shoreline was achieved.
As the lease is approaching expiry, the Authority requests that the City advise of
any potential use the City may have for this improved property
The term of the lease for 541 Rodd Avenue expires on April 26, 2009 (not including a one
year extension option) TRCA is in receipt of a request from the tenant, J. Pitino, to
consider allowing him the opportunity to dismantle and relocate the existing dwelling at his
expense, to 547 Rodd Avenue, prior to or at the expiry of the current lease term.
While TRCA past reports are silent regarding what was to happen to the building at
541 Rodd Avenue at the end of the lease term, their overall objective was to acquire
this property to bring the shoreline area into public ownership and reduce stress on the
fragile shoreline area both which would be achieved through demolition.
In the late 1990's TRCA had an aggressive acquisition strategy in the Rosebank
Neighbourhood. Since that time TRCA conducted a rationalization process for their
land holdings and acquisition plans which altered TRCA's program for this general area.
Surplus lands were sold to the private sector, but acquisition of Lakefront properties
continued to be a priority_ Other improved properties have been acquired by TRCA
along the waterfront In the Rodd Avenue area over the past several years.
The two storey residence on 541 Rodd Avenue is considered to be 'secure' and not in
immediate danger of being impacted by unstable ground or bank erosion. However, if a
long term use of the building was to be considered, TRCA would want to have their
technical staff conduct a review of the property. The dwelling is located within the
hazard limit of the Lake Ontario shoreline. Given the proximity of the structure to the
shore, TRCA considers removal of the building at the end of the lease to be in the
public's best Interest. However, before pursuing this action, or discussing relocation
options with the eXisting tenant, TRCA has requested that the City advise as to any
potential use It may have for this improved property upon expiry of the current lease.
Should the City not express an interest in the building on the property, TRCA would
appreciate receiving any conditions that the City would like to be applied to the tenant's
proposal to relocate the building to 547 Rodd Avenue.
Report PO 18-08
Date: May 5, 2008
Subject: 541 Rodd Avenue
Page 4
~) r,i
City staff conclude that the building at 541 Rodd Avenue is not suitable for municipal
purposes and should be demolished by TRCA or relocated by the current tenant
City staff recently visited the property and building. Considering the age and condition
of the building (constructed in 1967 with an addition in 1992, for a total floor area of
approximately 300 square metres), the property's location and isolated setting, and the
very limited parking accommodation, it was concluded that the building is not suitable
for a municipal purpose. Further, staff support the objective of TRCA to bring the
shoreline area into public ownership and reduce stress on the fragile shoreline area.
Removal of the building will help achieve this overriding objective. Returning the property
to its natural state will provide value to the community and the environment by increasing
public accessibility and views to the waterfront, providing opportunity for restorative
measures, and securing the slope edge from environmental risks. This action aligns well
with the City's sustalnability objectives.
Consequently It is recommended that TRCA be advised that the City has no municipal
interest in the building located at 541 Rodd Avenue, and that TRCA proceed with
removal of the dwelling through either demolition or relocation.
Conditions should be imposed to any relocation of the building from 541 Rodd
Avenue to 547 Rodd Avenue
Staff have no objection to the disassembly and relocation of the dwelling to 547 Rodd
Avenue (other land owned by the current tenant). Should TRCA agree to the relocation, it
is required that such development be in full compliance with the provisions of the R4-10
-- Residential zone (By-law 5526/99) currently applicable to the site. The current zoning
limits building height to 9.0 metres (see Attachment #4). A building permit must also be
obtained for the proposed construction.
Further, following removal of the dwelling at 541 Rodd Avenue, it is requested that a
12 metre high chain link fence be erected by the Authority, on TRCA lands, adjacent to
the rear lot line of 537, 53?A, 545, and 547 Rodd Avenue, to delineate the boundary
between TRCA ownership and private residential ownership (see Attachment #2).
Attachments:
1. Location Map
2. Land Ownership / Building Location
3. Letter from Toronto and Region Conservation Authority
4. Zoning By-law 5526/99
Report PO 18-08
Date: May 5,2008
Subject: 541 Rodd Avenue
Page 5
f) "
L.. (l
Prepared By:
Approved/Endorsed By:
. }:f1!;;;;;;;/{'
Lynda Ta&lor, MC,p, RPP
Manager, Development Review
Neil Carroll, P
Director, Planning & Development
APprove~~~~.~fSei~t:
/'/' (..... ;!
/'/ /"
/' (..,'
'/' ,
verett Suntsma
Director, Operations & Emergency Services
L T:ld
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City Council
/ -
c;-'
, I TO'
"-r~<'
"."'. . .tt._.....e...__. ........
~? C?
GILLMOSS
ROAD
PETT/COA T CREEK
CONSER VA T/ON AREA
SUBJECT
PROPERTY
(541 ROOD AVE) LAKE ONTARIO
City of Pickering Planning & Development Department
PROPERTY DESCRIPTION PLAN 233, lOT 12 & 13, BlK A, 40R-19204 PARTS 1-3
OWNER J. PITINO & T.R.C.A.
FILE No. N/A
DATE APR. 8, 2008
SCALE 1 :5000
DRAWN BY JB
CHECKED BY L T
l'
a 0 ourc..:
Teranet Enterprises Inc. and ita supplier.. All riohtll Reserved. Not 0 pion of survey.
2005 MPAC and its supplier-so All ri hts Reserved. Not 0 pion of Survey.
PN-1
~
~
VISTA
534
ROOD
-"-'"
'._-~
(FJ :ld 54(j,
i
w
>
-
a:
o
bn.J____~____,
j
I~
Ownership
VI1ZJ Toronto and Region Conservation Authority
at~ Snwces
T~,~",,! El1t"'r';~":, In<:. ""d itJ ""rpli""s AI' rights Res"'ve<:l Nol;!1 "Ian ,,15\"V~Y
'::'.2E,~ ':~_~~~ ~~1f:'~'1""5 Ail "gh\~ p..~prv.d Not a plan,.,1 .'iu'v~y
:--"--""~
(y-,
,-
.,.
(~
, -,
j ~
~1!.1
IN
~,
-I
o
I
I
LAKE ONTARIO
$
Other Ownership =-=-=- Recommended Fence Location
DATE APRIL 1,2008 ISCALE: 1: 1,500
PN-1
. ~oRnseFvaffOn
for The Living City
3
18
2\ '1
,..,t ,
November 26, 2007
Neil Carroll
Director, Planning & Development
The Corporation of the City of Pickering
One The Esplanade
Pickering, Ontario
L 1 V 6K7
Dear Mr. Carroll:
Re: 541 Rodd Avenue
City of Pickering
CFN 12166
The Toronto and Region Conservation Authority (TRCA) is in receipt of a request from our
tenant at 541 Rodd Avenue, Mr. Joseph Pitino, to consider allowing him the opportunity to
dismantle and relocate the existing dwelling presently located on this site, at his sole expense,
to his property at 547 Rodd Avenue (formerly known as 535 Rodd Avenue), prior to or at the
expiry of the current lease term with the TRCA. The lease term expires on April 26, 2009,
however, provided the tenant is not in default under the terms of the lease the tenant will have
the right to renew the lease for a further term of one year (but with no further right to renew). In
consideration of same, Mr. Pitino is also prepared to make an additional monetary donation
towards the restoration of the existing Rodd Avenue site, on behalf of the late John McCarten.
The above-captioned property was part of a land exchange between the TRCA, Mr. Joseph
Pitino, Mr. John McCarten and Mr. George Deane, involving parcels of surplus Authority lands
situate in the Rodd Avenue area in the City of Pickering. For your reference, we are enclosing a
copy of the Minutes of Executive Meeting #9/97 regarding the above noted land exchange.
This was adopted by the Authority at Meeting #10/97 on November 28, 1997 under Resolution
#A258/97 without amendment. The transaction was completed on April 26, 1999, in
accordance with the Authority Resolution.
While the reports are silent regarding what would happen to the building at 541 Rodd Avenue
at the end of the term, TRCA's overall objective was to acquire this property for public use and
enjoyment. Given the location of the structure to the shoreline we think it would be in the best
public interest to demolish the on-site improvements at 541 Rodd Avenue at the end of the
term, unless the City has an interest. In this respect it would be appreciated if you would
circulate this request to all applicable City departments and provide us with your comments
with respect to any potential use the City of Pickering may have for this improved property
upon the expiry of the current lease. If, however the City of Pickering has no future interest for
this site, what, if any conditions and/or concerns would the City have with regards to the
relocation and the reassembly of the existing structure to the neighbouring property.
Member of Conservation Ontario
, Shor-e-HT On. ( lown' 'i('\\, Onrari(, /VU~: 1 S4 14161 (,(, 'b6CJ\' FA>' \161-6,"92 wW'^tr~~:--;-'~'--'~ @,
3
fe, (8
7 (',
, I
,j i.
- 2-
Our technical staff will also be consulted with respect to TRCA policies and regulations
regarding the relocation to 547 Rodd Avenue.
I trust this is sufficient for your purposes. However, if you have any questions or require any
further information please do not hesitate to contact the undersigned or Tom Campitelli, Senior
Property Agent, at extension 5335. I would appreciate receiving your comments by December
31, 2007.
Yours truly,
Ron W. Dewell
Senior Manager
Conservation Lands and Property Services
Enclosure
cc: Mr. Chris Jones, TRCA
Mr. Larry Field, TRCA
3
j r: . c;~?,
'7 "":
~) ':~' ~
MINUTES
EXECUTIVE COMMITTEE MEETING #9/97
NOVEMBER 14, 1997
RES. #B174/97 - EXCHANGE OF LANDS/VICINITY OF ROOD AVENUE,
PICKERING
George M. Deane, John B. McCarten and Joseph Pitino
CFN 12166. Receipt of a request from George M. Deane, John B. McCarten
and Joseph Pitino, to explore the possibility of a land exchange involving
parcels of surplus Authority lands situate in the Rodd Avenue Area, Town of
Pickering, Regional Municipality of Durham.
THE EXECUTIVE COMMITTEE RECOMMENDS THAT WHEREAS The Metropolitan Toronto
and Region Conservation Authority is in receipt of an offer from George M. Deane, John B.
McCarten and Joseph Pitino, the owners of 541 Rodd Avenue to enter into an exchange
involving surplus Authority owned lands, in the Rodd Avenue area of the Town of Pickering,
Regional Municipality of Durham;
AND WHEREAS it is the opinion of the Authority, that it is in the best interests of the
Authority in furthering its objectives, as set out in Section 20 of the Conservation
Authorities Act, to proceed with the exchange in this instance;
THA T the Authority enter into an exchange of lands on the following basis:
(1) George M. Deane, John B. McCarten and Joseph Pitino will convey to the Authority
an irregular shaped parcel of land improved with a two-storey dwelling and
containing 0.35 acres, more or less, (0.14 hectares) being Part of Block A, Plan 233,
Town of Pickering, Regional Municipality of Durham, together with a right of way at
all times in common with others and together with a further right of way according
to Instrument No. 136971;
(2) The Authority will convey to GeorgeM. Deane, John B. McCarten and Joseph Pitino,
two parcels of vacant land, to be severed into five (5) lots, containing 0.856 acres,
(0.346 hectares) more or less, being Part of Lot 30, Range 2, Broken Front
Concession, Town of Pickering, Regional Municipality of Durham subject to the
following terms and conditions:
a. The lands are to be used for single family residential purposes only and must
conform to the Town of Pickering's R4 zoning;
3
;; 11
'j ,
("~)
b. The purchaser acknowledges that the Authority retains lands in the vicinity
that will be used for park purposes and the purchaser agrees not to object to
such uses or the Authority's plans for development of a park so long as the
uses within 150 feet of the property are limited to conservation purposes for
two years following the closing date and is to provide such assurances that
may be required by the Authority, that the purchaser or its successors in title,
will not object to any such uses;
(3) The Authority will pay to George M. Deane, John B. McCarten and Joseph Pitino, the
sum of $10,000.00;
(4) On closing, the Authority shall lease back to George M. Deane, John B. McCarten
and Joseph Pitino, 541 Rodd Avenue, for a term of 10 years at the rate of two
($2.00) per annum, with an one year option subject to the following terms and
conditions:
George M. Deane, John B. McCarten and Joseph Pitino shall:
i. Pay all realty taxes, including local improvement charges;
ii. Be responsible for all utility costs including heat, water, gas, telephone and
electricity and for all maintenance, repairs, alterations, cleaning, landscaping
and snow removal;
iii. Obtain and pay for all public liability insurance in a form and content
satisfactory to the Authority;
iv. Obtain and pay for fire and other perils insurance on the dwelling for the full
replacement value in a form and content satisfactory to the Authority;
v. Not assign or sublet the dwelling or the property;
(5) George M. Deane, John B. McCarten and Joseph Pitino as adjoining land
owners have agreed to waive their rights to the ravine portion of the road
allowance immediately east of 535 Rodd Avenue to facilitate the acquisition of the
road allowance by the Authority;
(6) Completion of this sale will be subject to any planning act approvals that may be
required;
(7) Any additional conditions as deemed appropriate by the Authority
solicitor;
THA T the sale be subject to the Approval of the Minister of Natural Resources, in
accordance to Section 21 (2) of the Conservation Authorities Act, R.S.O. 1990, Chapter
C.27 as amended;
AND FURTHER THAT the appropriate Authority officials be authorized and directed to take
whatever action may be required to give effect thereto, including the obtaining of any
necessary approvals and the execution of any documents. .......................
J
IB"-08'
- r
,) ~)
BACKGROUND
Staff have had a number of meetings with area residents and officials of the Town of
Pickering regarding amending the Authority's acquisition project boundary in the Rodd
Avenue/Bella Vista Drive area. A plan was brought forward reflecting the community and
Town of Pickering's input on the revised acquisition boundaries and process for disposal of
the resulting surplus Authority lands. At Meeting #4/96 held on May 31, 1996, the
Authority adopted Resolution #A99/96, declaring that various parcels of Authority-owned
tablelands, including 5 lots improved with single family homes, and three vacant parcels, be
surplus to the future requirements of the Authority and recommending that preference be
given whenever possible, to sales or exchanges being made at market value to former
owners, tenants, remaining private owners and abutting owners within the amended
acquisition boundary"
In accordance with the provisions of Resolution #A99/96, and as outlined in the staff report
regarding the disposal process adopted by the Executive Committee at Meeting # 12/96,
held on January 10, 1997, under Resolution #B205/96, staff in consultation with the
Authority's solicitor and an independent appraiser has initiated the disposal process as
follows:
The priority of potential purchasers be:
1) Former owners (Phase I)
2) Tenants (Phase I)
3) Remaining Private Owners situate within the amended boundary which
included abutting property owners (Phase II)
4) General public (Phase III)
The former owners were either contacted directly if an address could be found or best
efforts were made to contact them through the solicitor who acted on their behalf at the
time of the purchase by the Authority. None of the former owners that we were able to
contact has expressed interest in repurchasing their former property. The five tenants have
been contacted and two of them have expressed an interest in acquiring the property. The
Authority approved the sale of 531 Rodd Avenue at Meeting #4/97, held on May 30,1997
and the sale of 554 Rodd Avenue at Meeting # 5/97, held on June 27, 1997.
Phase II of our disposal process required the Authority to offer the remaining surplus
properties for purchase at current market value to the private property owners, situate
within the amended acquisition boundary. The Authority advised the private owners within
the amended boundary about the availability of our surplus lands, excluding the two
properties of interest to our tenants, by letter on March 13, 1997. The Authority received
notice of interest from two private owners. The Authority approved the sale to Siragusa the
owners of 537 Rodd Avenue at Meeting #9/97 held on October 31, 1997. An agreement,
to exchange lands has now been reached with the owners of 541 Rodd Avenue. The offer
at hand is in accordance with the appraised value of an independent evaluation obtained by
the Authority.
Staff has had some preliminary discussions with officials at the Town of Pickering regarding
the acquisition of the unopened road allowance adjacent to 535 and 541 Rodd Avenue.
George M. Deane, John B. McCarten and Joe Pitino are also the registered owners of 535
7~ ",
~. b
.3
I B (if;
Rodd Avenue and through the agreement have waived their rights to the ravine portion of
the road allowance.
A map showing the location of the subject lands is appended.
The subject Authority parcels consists of fragments of tableland acquired from; A. & G.
Taylor in December 1981, Ernest Loader in October 1973 and Community Lifecare Inc. in
January 1992, under the Waterfront Component of the Land Acquisition Project.
RA TIONAlE
The subject Authority land has been declared surplus by the Authority.
The property at 541 Rodd Avenue falls within the Authority's approved master plan for
acquisition along the Lake Ontario shoreline and is adjacent to Authority holdings. It
represents one of the few remaining shoreline residential properties along this reach and is
within the hazard area of the Lake Ontario shoreline. The acquisition of this property helps
consolidate the Authority holdings into a more meaningful and useful form and should
ensure that the long term vision of a public open space system along this reach of shoreline
will be achieved.
FINAN CIAl DETAILS
It is proposed that the proceeds from land sales will be used in the funding of the purchase
of this property.
TAXES AND MAINTENANCE
The taxes and maintenance for the property will be paid for by George M. Deane, John B.
McCarten and Joseph Pitino during the term of the lease.
Report prepared by:
Ron Dewell, ext. 245
For information contact:
Don Prince, ext. 221
Ron Dewell, ext.245
3
/8-08
~ '<I I
,< I
I
I
I
I
I
LLLL/~=ZZZZ~
FIGURE 1
LAKF,-
ONT AF7/0
POTENTIAL
ACQUISITION
OF ROAD
ALLOWANCE
~
SCALE
LAND TO BE
CONVEYED
TO THE
AUTHORITY
~~~metars
JU 10 ~ D
I
"
9!.J
REG. FILL LINE
ROUGE
...... ~PARK
. BOUNDARY
PARCELS REMC. ED
~ROM ;"CQ-.) SI-;-()N
CROJiCC~S
.- - - - -.
I I
-----
Ac.'T'-iO"ITV LANDS
WiT'-iIN A'-'DCEJ ~d~
PROJECT 8C'uNC,o.'liiCS ~~f,f~
i
i t..,
, ::.:::~_::::";;T:-:'O ~ ...'~
'--~'-
AUTHCP:iY LA~~S'S I
J EeL A'l ED 5 J R C L J S li:~:i~:::}::::~::::::n
0<:;,
;':"--t,
No'/ernDe- .___
',,_' !'Gf:\B,ri iJ..~ ,~,."
" ,."RT if ' ,_.,,-~~ l' .
.,',-" ,,' PD I.Q --12'8' "
__....,$.;0:1 ,,'
-~- .
~_...--,,'"'
1.<:;
J (~,
-', ~
" , '"
"'-'. '"
(.~, - ""\ ",
. '\. ",
" " ' '" ".,
;~..~\>\ ~
'.~,-;0\ ~
"~\:t''\ '"
, J? ""'"
... "
\ "
'\ .'\.
\. '"
'.\\ ~
"
'"
~......._--.
,."., ,', i'x
" t '"
;-'- '"
-, -'. ,
-~". ...~,
"
"--
"
"\.
,..
'~,.".
,; . '-, .....~.
,
'-
'"
'"
,
"
"'""
',,-
',-
'-'~
"
'"
'"
~
'"
-"""""
"
'"
",
"-
'"
"'. -~ ''-''''-...
"""'."',
~..... ",
'. "
"'~
'-... "
'"''<. ",
\.,~. '-"'"
'\, ",
"- -".
',,--
'''-.
" "
\''-.
......,.~,_~,,~~t
(!"".,
, ({
\
,\
. \
\ \
\\
\\
. \
\ '
\\
\ \
;,'~.~~
:".,,~
~:J::' - ~
,
q.\:\ .
,..-'ir;;:'"
'"
,j ,,2.
/8~o8
39
ApPENDIX "A"
DESCRIPTiON OF THE SUBJECT
Driveway from Rodd Avenue
-.
Front (North) Facade
l
y:~ "::.: ,.
-10 -
3
/8
4 '~;
l,:
South and East Facades
~'"
~"-,-
It;.
. <
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAWNUMBER 5526/99
/1 '1,
"
Being a By-law to amend Restricted Area (Zoning) By-law 2511, and amending
By-law 5092/97 to By-law 2511, as amended, to implement the Official Plan of
the Town of Pickering District Planning Area, Region of Durham in Part of
Block A, Plan 233, in the Town of Pickering. (A 18/98)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit
the development of detached residential dwellings, and to recognize Open space Hazard Lands
on the lands being Part of Block A, Plan 233, Town of Pickering;
AND WHEREAS an amendment to By-law 2511, as amended, and amending By-law 5092/97 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:
1. SCHEDULE I
Schedule I attached hereto 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 Part of Block A, Plan 233,
Town of Pickering, designated "R4-10" 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 provision.> of this By-law.
4. DEFINITIONS
In this By-law,
(I) (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) "Dwelling, Single or Single Dwelling" shall mean a single dwelling
containing one dwelling unit and uses accessory hereto;
(d) "Dwelling, Detached or Detached Dwelling" shall mean a single dwelling
which is freestanding, separate and detached from other main buildings or
structures;
Ii
'-t I
II
I
- 2-
(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;
(3) (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 group of buildings, as the case
may be, together with any accessory buildiP.gs 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 oflot 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;
(4) "Private Garage" shall mean an enclosed or partially enclosed structure with a
minimum accessible interior dimension of 2.6 metres wide by 5.3 metres long
devoted to 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 ofland 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 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 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;
1/
/6 06
- 3 -
4 /
(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) "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;
(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; and
(j) "Interior Side Yard" shall mean a side yard other than a flankage side yard.
5. PROVISIONS
(1) (a) Uses Permitted ("R4-1O" Zone)
No person shall within the lands designated "R4-1O" 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;
(b) Zone Reauirements ("R4-1O" Zone)
No person shall within the lands designated "R4-1O" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except in accordance with the following provisions:
(i) LOT AREA (minimum): 460 square metres
(ii) LOT FRONT AGE (minimum): 15.0 metres
(iii) FRONT YARD DEPTH (minimum): 7.5 metres
(iv) INTERIOR SIDE YARD WIDTH (minimum): 1.5 metres
(v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres
(vi) REAR YARD DEPTH (minimum): 7.5 metres
(vii) LOT COVERAGE (maximum): 33 percent
(ix) BUILDING HEIGHT (maximum): 9.0 metres
(x) DWELLING UNIT REQUIREMENTS: maximum one
dwelling unit per lot and minimum gross floor area-residential of 100
square metres;
(xi) PARKING AND PRIVATE GARAGE REQUIREMENTS:
no part of any attached private garage shall extend more than 2.0 metres
beyond the wall containing the main entrance to the dwelling unit;
4 i1
, ,~
If
Ie or:
- 4-
(xii) SPECIAL REGULATION:
notwithstanding section 5.(I)(b)(iv) above, the dwelling in existence on
the date of passage of this by-law on Part of Block A, Plan 233,
designated "R4-10" on Schedule I attached hereto may remain in its
current location, but no additions or exterior alterations other than
restoration or general maintenance to that dwelling shall be permitted;
(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) conservation of the natural environment, soil, and wildlife; and
(ii) resource management;
(b) Zone Requirements ("OS-HL" Zone)
No buildings or structures shall be permitted to be erected nor any existing
buildings or structures be modified or changed, nor shall the placing or
removal of fill be permitted, except where buildings or structures are used for
purposes of flood and erosion control, or resource management.
6. 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 matter not specifically dealt with in this By-law
shall be governed by the relevant provisions of By-law 25 I I, as amended.
7. EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof subject to the approval of the
Council adopted Pickering Official Plan by the Region of Durham, and subject to the
approval of the Ontario Municipal Board, if required.
BY-LA W read a first, second, and third time and finally passed this 28th day of ,Tune
1999
~~
Wayne Arthurs, ~
(
y
/ f (f:
;1 L.
..:..+ ~,r'
ROD\)
\jS
<v~
~'-J
...
"3
\
\
\
\
\
-t) \
~\
..-I \
'? \
.\> \
~\
:.. \
~\
~\
\
\
\
\
\
j
R4-1 0
'"
....
.-
3
E
'"
".
'V
OS-HL
--
--
--
---
l'
SCHEDULE I TO BY-LAW 5526/99
PASSED THIS 28th
DAY OF June 1999
~~~~
MAYOR
(~