HomeMy WebLinkAboutBy-law 7022/10
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OMB ORDER
THE CORPORATION OF THE CITY OF PICKERING NO. PL090899
FEB. 2, 2010
BY-LAW NO. 7022/10
Being a By-law to amend Restricted Area (Zoning) By-law 3037
to implement the Pickering Official Plan in Part of Lot 20,
Concession 3, City of Pickering (A17/08, SP-2'008-09)
Whereas The Corporation of the City of Pickering received an application to rezone Part
of Lot 20, Concession 3, in the City of Pickering to permit the development of a range of
single detached, semi-detached and multiple horizontal residential units, and a village
green;
And whereas it is appropriate to amend By-law 3037 to permit such uses;
Now therefore by order the Ontario Municipal Board amends By-law 3037 as follows:
1. Schedule
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 Lot 20,
Concession 3 in the City of Pickering, designated "S-SD-SA-3", and "NP" on
Schedule I.
3. General Provisions
No building, structure, 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) "Bay, Bow, Box Window" shall mean a window that protrudes from the
main wall, usually bowed, canted, polygonal, segmental, semicircular or
square sided with window on front face in plan; one or more storeys in
height, which mayor may not include a foundation, mayor may not include
a window seat; and may include a door;
By-law No. 7022/10 Page 2
(2) "Corner Rounding" shall mean a lot line of a corner lot at the intersection
of two.street lines in the form of an arc, that joins the front lot line to the
flankage lot line;
(3) (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 Detached or Detached Dwelling" shall
mean a dwelling containing one dwelling unit and uses accessory
thereto which is freestanding from other main structures;
(d) "Dwelling, Semi-Detached or Semi-Detached Dwelling" shall mean
one of a pair of single dwellings, such dwellings being attached
above grade by a common wall which extends from the base of the
foundation to the roof line and for a horizontal distance of not less
than 6 metres;
(e) "Dwelling, Single Attached or Single Attached Dwelling" shall mean
one of a group of not less than 3 adjacent dwellings attached
together horizontally by an above grade common wall;
(4) (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 an 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 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;
(5) "Neighbourhood Park" shall mean a municipal public park;
(6) "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;
(7) "Street" shall mean a street as defined in the Highway Traffic Act, as
amended from time to time, which may provides vehicular access to a lot.
A private road registered in a plan of condominium is also considered a
street for the purpose of this by-law
By-law No. 7022/10 Page 3
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(8) (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.
(f) "Side Yard" shall mean a yard of a lot extending from the front yard to
the rear yard and from the side 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) "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;
Q) "Interior Side Yard" shall mean a side yard other than a flankage side
yard.
By-law No. 7022/10 Page 4
5. Provisions ("S-SD-SA-3" Zone)
(1) Uses Permitted ("S-SD-SA-3" Zone)
No person shall, within the lands designated "S-SD-SA-3" on Schedule I
attached hereto, use any lot or erect, alter or use any building or structure for
any purpose except the following:
(a) single dwelling;
(b) semi-detached dwelling;
(c) single attached dwelling;
(2) Zone Requirements ("S-SD-SA-3")
No person shall, within the lands designated ("S-SD-SA-3") on Schedule I
attached hereto, use any lot or erect, alter or use any building or structure
except in accordance with the provisions as set out in the following table. For
a single dwelling the zoning provisions shall be based on the lot frontage with
the exception of corner lots which will be based on the abutting lot size:
9.0 m 12.0 m 13.5 m semi- Street Lane
single single single detached single single
dwelling dwelling dwelling dwelling attached attached
dwelling dwelling
(a) Lot 9.0m 12.0m 13.5m 7.5m 6.0m 6.0m
Frontage
Minimum
(b) Lot Area 225 m 300 m 335 m 180 m 150 m 170 m
Minimum
(c) Lot Depth 25 m 25 m 25 m 24.5 m 24.0 m 29.0 m
Minimum
(d) Front Yard 3.0m 3.0m . 3.0m 3.0m 3.0m 3.0m
Depth
Minimum
(e) Interior 1.2 m on 1.2 m on 1.2 m on 1.2 m, 1.2 m, 1.2 m,
Side yard one side one side one side except except except
Width and 0.6 m and 0.6 m and 0.6 m where where where
(Minimum) on the on the on the dwellings dwellings dwellings
other side other side other side on on on
and and and abutting abutting abutting
provided provided provided lots share lots lots
there is a there is a there is a a common share a share a
minimum minimum minimum wall, no common common
1.2 m 1.2 m 1.2 m interior wall, no wall, no
separation separation separation side yard interior interior
between between between shall be side and side and
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By-law No. 7022/10 Page 5
dwellings dwellings dwellings required shall be shall be
on adjacent on on adjacent required required
lots; adjacent adjacent to that adjacent adjacent
lots; lots; wall on to that to that
either lot; wall on wall on
either lot either lot
(f) Flanking 2.4 m 2.4 m 2.4 m 2.4 m 2.4 m 2.4 m
Side Yard
Width
Minimum
(g) Rear Yard 7.0m 7.0m 7.0m 7.0m 7.0m 12.0m
Depth
Minimum
(h) Building 12.0 m 12.0 m 12.0 m 13.0 m 13.0 m 13.0 m
Height
Maximum
(i) Driveway 55 percent 55 percent 55 percent 50 50 50
Width percent percent percent
Maximum
(j) Lot 15m 15m 15m 15m 15m 15m
Coverage
of All
Accessory
Buildings
Maximum
The following special provisions shall be applicable to all lands designated
("S-SD-SA-3")
(k) Corner Rounding Setback (minimum):
despite any front yard depth or flankage side yard width requirement;
on a corner lot, the setback to a corner rounding shall be 1.75 metres;
(1) Parking Requirement (minimum):
two private parking spaces per dwelling unit which can be provided
either within an attached garage or with one parking space in an
attached garage and one parking space in a driveway immediately in
front of the parking garage for that dwelling unit;
.(m) Garage Requirements (minimum):
one private garage per lot and if attached to the main building, the
vehicular entrance of which shall be located not less than 6.0 metres
from the front lot line and not less than 6.0 metres from any side lot line
immediately adjoining a street or abutting on a reserve on the opposite
side of which is a street;
By-law No. 7022/10 Page 6
(n) Garage Parking Size (minimum):
each parking space within a private garage shall have a minimum
width of 2.9 metres and a minimum depth of 6.0 metres provided,
however, that the width may include one interior step and the depth
may include two interior steps;
(o) Yard Encroachments:
In addition to the provisions of Section 5.7 of By-law 3037, the
following shall also apply:
(i) a covered or uncovered porch, veranda or balcony and with or
without a foundation, may have the following setbacks:
A to front lot line: 1.0 metres;
B to flankage lot line: 1.0 metres;
C to interior side lot line: 0.6 metres;
D to rear lot line: 5.0 metres;
E to a corner rounding: 1.0 metres;
F Eaves above these features may project:
a further 0.6 metres into the required front, flankage or rear
yard or corner rounding setback;
(ii) uncovered steps minimum setback to a streetline: 0.4 metres
(iii) uncovered decks of any height are permitted in the rear yard
provided minimum setbacks are provided as follows:
A to interior side lot line: 0.6 metres;
B to flankage lot line: 1.0 metres;
C to rear lot line: 3.0 metres;
D steps from a deck:-
may encroach an additional 1.2 metres onto the rear yard
(iv) bay, bow or box windows may encroach a maximum into required
yards as follows:
A front yard: 0.6 metres;
B flankage yard: 0.6 metres;
C rear yard: 1.0 metres;
D Eaves above these features:
may project to a further 0.6 metres into the required front,
flankage or rear yard;
(p) Lane based Units that abut a Park or Village Green:
Despite anything other provision in this By-law where a lot line for lane
based single attached dwelling in a "S-SD-SA-3" zone abuts a
Neighbourhood Park or Village Green, said lot line shall be deemed
the front dot line;
(q) Detached Garages for Lane Based Dwelling Units:
A detached garage is not considered an accessory building for the
purpose of lot coverage;
By-law No. 7022/10 Page 7
(r) Detached Garage Requirements:
Where the rear lot line abuts a street and vehicular access is provided
from that street the following shall apply:
(i) minimum side yard width of 0.0 metres;
(ii) minimum flanking side yard width of 2.4 metres;
(iii) minimum rear yard depth of 0.6 metres;
(iv) a detached garage is•not considered a main building for the
purpose of the by-law.
6. Provisions ("UR" Zone)
(1) Uses Permitted ("UR" Zone)
No person shall within the lands designated "UR" on Schedule I attached
hereto use any lot or erect alter or use any building or structure for any
purpose except for the following:
(a) outdoor recreation uses without buildings or structures
(b) existing lawful uses, located in existing buildings or structures, provided
such use continue in the same manner and for the same purpose for
which they were uses on the day this by-law was passed;
(c) temporary sales pavilion;
(2) Zone Requirements ("UR" Zone)
No person shall within the lands designated "UR" on Schedule I attached
hereto, use any lot or erect alter or use any building or structure except in
accordance with the following provisions:
(a) Building Height (maximum): 13.0 metres;
(b) Setback to all lot lines (minimum): 7.0 metres;
(c) Parking requirements for temporary
sales pavilion (minimum): 10 spaces;
7. Provisions ("OS-HL" Zone)
(1) 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 except the
following:
(a) resource management, including a stormwater management facility;
(b) pedestrian and bicycle trails;
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By-law No. 7022/10 Page 8
(2) Zone Requirements ("OS-HL" Zone)
No buildings or structures shall be permitted to be erected except where
buildings or structures are used only for purposes of resource management,
including a stormwater management facility; pedestrian and/or bicycle trails.
8. Provisions ("NP" Zone")
(1) Uses Permitted ("NP" Zone)
No person shall within the lands designated "NP" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except the following:
(a) neighbourhood park.
9. Model Homes
(1) Notwithstanding any provisions in By-law 3037 to the contrary, a maximum of
6 Model Homes, together with not fewer than two parking spaces per Model
Home, may be constructed on the lands set out in Schedule I attached to this
By-law prior to the division of those lands by registration of a plan of
subdivision;
(2) For the purposes of this By-law, "Model Home" shall mean a dwelling unit
which is not used for residential purposes, but which is used exclusively for
sales, display and marketing purposes pursuant to an agreement with the City
of Pickering.
10. By-law 3037
By-law 3037 is hereby amended only to the extent necessary to give effect to the
provisions of this By-law as it appears 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 relevant provisions of By-law 3037, as amended.
11. Effective Date
This By-law shall come into force on the day it is passed pursuant to an Order of
the Ontario Municipal Board.
Note: Oral decision of the Ontario Municipal Board delivered by J. R. Aker on
January 22, 2010. Written Decision issued February 2, 2010.
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SCHEDULE I TO BY-LAW 7022/ 1 O
Approved by the Ontario Municipal Board
Oral Decision delivered January 22, 2010.
Written Decision issued February 4, 2010
ISSUE DATE: I I'M
NM
CEOVED
July 25,2012 etc
* JUL 2 7 2012 PL090899
0 ario Y OLICITOR
Ontario Mu ' ;+ PICKRING
Commission des affaire ••�-' =_ - _ - • •
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Lebovic Enterprises Limited has appealed to the Ontario Municipal Board under subsection
51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from the failure of the City of
Pickering to make a decision respecting a proposed plan of subdivision on lands composed of
Part of Lot 20, Concession 3 in the City of Pickering
Approval Authority File No. SP-2008-09
OMB File No. PL090899
Lebovic Enterprises Limited has appealed to the Ontario Municipal Board under subsection
34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect
to enact a proposed amendment to Zoning By-law 3037, as amended, of the City of Pickering to
rezone lands composed Part Lot 20, Concession 3, located in the North West corner of Tillings
Road and Township Road, from "Agricultural (A) Zone" to "Single-Semi Detached-Single
Attached (S-SD-SA-X) Zone" in order to permit development of the property in accordance with
the draft plan of subdivision, creating single detached residential dwelling units, semi-detached
residential dwelling units, townhouse residential dwelling units and laneway residential units,
along with a Village Green Block
OMB File No. PL090900
BEFORE:
•
S. SCHILLER
VICE-CHAIR ) Wednesday, the 25th
day of July, 2012
THIS MATTER having come on for public hearing and after the hearing, the Ontario Municipal
Board (the "Board") in its Decision issued February 2, 2010 (the "Decision") granted approval of
the draft plan, attached as Attachment "1" to the Decision, subject to the conditions set out in
Attachment "2' of the Decision and amended By-law 3037 in the manner set out in Attachment
"3"to the Decision;
AND THE BOARD having received a request, on consent of the parties, to make certain
amendments to the Zoning By-law Amendment submitted to the Board by the parties and
approved by the Board as noted above;
• AND THE BOARD having received and reviewed the affidavit of Ross Pym, MCIP, RPP, which
identifies laneway housing as an intensification component of the draft plan of subdivision that is
new to the City of Pickering and that required new zoning provisions to be developed;
AND THE BOARD having been advised by Mr. Pym, in his affidavit, that some difficulties have
arisen in the application of the new zoning provisions to the draft approved laneway housing;
AND THE BOARD in accordance with Rule 108 of the _Board's Rules of Practice and
Procedure, notes the following:
"The Board may at any time and without prior notice to the parties correct a technical or
. typographical eror, error in calculation or similar minor error made in a decision or order.
There is no fee if a party requests this type of correction."
•
AND THE BOARD in accordance with Section 88 of the Ontario Municipal Board Act, R.S.O.
„. 1990, C. 0.28, notes the following:
"Upon any application to the Board, the Board may make an order granting the whole, or
part only, of the application, or may grant such further or other relief in addition to, or in
substitution for, that applied for as to the Board may appear just and proper as fully in all
respectsas if the application had been for such partial, other, or further relief."
AND THE BOARD, having considered the affidavit of Mr. Pym, finds that the requested
changes meet the requirements of both Rule 108 of the Board's Rules of Practice and
•
Procedure and Section 88 of Ontario Municipal Board Act;
THE BOARD ORDERS that Zoning By-law 3037 of the City of Pickering is amended as follows:
1. Section 5(2) (i): Drive way Width Maximum for a Lane Single Attached Dwelling is
amended from 50 percent to 100 percent;
2. Section 5(2)(1):Parking requirement(Minimum) is amended from: '
"two private parking spaces per dwelling unit which can be provided either within an
attached garage with one parkingspace in an attached garage and one parking space in
a driveway immediately in front of the parking garage for that dwelling unit"
to:
"two private parking spac- per dwelling unit which can be provided either within an
attached garage or wit on p-rking space in an attached garage and one parking space
in a driveway immediately in front of the parking garage for that dwelling unit or for single
attached dwelling that has its vehicular access from a lane or abut a village green th-
required parking may. be provided in a garage, either attached or detached and/o on
parking space in a garage and one parking space on a parking pad located besid- -
garage";
•
y!� • , .
40
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SECRETARY