HomeMy WebLinkAboutBy-law 5892/01PLANNING & DEVELOPMENT DEPARTMENT ,
MEMORANDUM
October 10, 2001
To~
From:
Subject:
Bruce Taylor
City Clerk
Tyler Barnett
Planner 1
Draft Amending By-law for:
Zoning By-law Amendment Application A60/88(R)
Banner Agencies
Part of Lot 32, Concession 1
(East side of Altona Road, north of Sheppard Avenue)
City of Picketing
and
Zoning By-law Amendment Application A 17/96
L. & C. Dinardo/G. Albanese
Part of Lot 32, Concession 1
(East side of Altona Road, north of Sheppard Avenue)
City of Picketing
Picketing Council approved Zoning By-law Amendment Application A 60/88 on June 16,
1997 and Zoning By-law Amendment Application A 17/96 on September 15, 1997, both with
conditions, to permit the development of a range of medium density dwelling types and open
space hazard land zoning for the subject lands.
The conditions of approval, related to the forwarding of the implementing by-law have been
satisfied or have been incorporated within the conditions of approval for the associated draft
plan of subdivision applications and will be satisfied through the registration of the required
subdivision agreement(s) save and except Condition No. l(b) of Appendix II to
Recommendation Report No. 11/97.
Condition No. l(b) of Appendix II to Recommendation Report No. 11/97 requires the
applicant to obtain conceptual site plan approval for the medium density development
proposal for a specific block including planting adjacent to the valley and appropriate
measures to address slope stability issues to the satisfaction of the Toronto and Region
Conservation Authority. The medium density development proposal was intended to be a
three storey apartment building with accommodation for up to 28 units. Through the review
of the slope stability report the developable area of the block in question has been
significantly reduced. The reduction in the developable area has resulted in the preparation
of a new proposal for an approximate 8 unit condominium townhouse development. The
attached draft by-law includes zoning provisions to accommodate a condominium townhouse
development (see draft by-law - lands zoned "RMM2-2"). Staff have reviewed the proposed
townhouse development and are satisfied that the development of this block can occur
without the need for conceptual site plan approval at this time. The applicant will be required
to pursue this development through the site plan approval process in the future, which will
establish the exact number of units at that time.
The attached draft by-law has been circulated to and approved by the applicant.
A Statutory Public Meeting for Zoning By-law Amendment Application A 60/88 was held
for this application on November 16, 1995. A Statutory Public Meeting for Zoning By-law
Amendment Application A 17/96 was held for this application on October 17, 1996.
Bruce Taylor
October 10, 2001
Page 2
The purpose and effect of this by-law is to amend the zoning of the subject lands to permit
the development of a range of medium density dwelling types and open space hazard land
zoning for the subject lands.
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.
JTB/jf
Attachment
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THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 5892/01
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to
implement the Official Plan of the City of Picketing District Planning Area,
Region of Durham in Part of Lot 32, Concession 1, in the City of Picketing.
(OPA92-007P, 18T-88092(R), 18T96008, A 60/88(R), A 17/96)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit
the development of a range of medium density dwelling types and open space hazard land zoning
on the subject lands being Part of Lot 32, Concession 1, in the City of Picketing;
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
Schedule I attached hereto with
declared to be part of this By-law.
notations and references shown
thereon is hereby
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Part of Lot 32, Concession 1,
designated "SD-7", "S5", "SA-8", "RM2-1", "RM2-2", and "OS-HL" on Schedule I
attached hereto.
o
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) "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;
(e)
"Multiple Dwelling-Horizontal" shall mean a building containing three or
more dwelling units attached horizontally, not vertically by an above grade
wall or walls;
(3)
(4)
(5)
(6)
(0
(h)
"Multiple Dwelling-Vertical" shall mean a building containing three or more
dwelling units attached vertically, by an above grade wall or walls, or an
above grade floor or floors, or both;
"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;
"Dwelling, Single Attached" shall mean one group of not less than three
single adjacent units, attached together horizontally by an above grade
common wall;
(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;
Co)
"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;
"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;
(b) "Lot Coverage" shall mean the percentage of lot 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;
"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;
Co)
"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 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;
(0
(h)
(i)
"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;
"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;
(j) "Interior Side Yard" shall mean a side yard other than a flankage side yard.
o
PROVISIONS
(1) (a) Uses Permitted ("SD-7" Zone)
No person shall within the lands designated "SD-7" on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(i) semi-detached dwelling;
(b) Zone Requirements ("SD-7" Zone)
No person shall within the lands designated "SD-7" on Schedule I attached
hereto, usc any lot or erect, alter, or use any building except in accordance
with the following provisions:
(i)
(ii)
(iii)
(iv)
LOT AREA (minimum):
LOT FRONTAGE (minimum):
FRONT YARD DEPTH (minimum):
SIDE YARD WIDTH (minimum):
A 1.2 metres; and
B
205 square metres;
7.0 metres;
4.5 metres;
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 follows;
1.2 metres measured perpendicularly to such side lot line if
no side yard is provided on the abutting lot; or
H
0.6 metres measured perpendicularly to such side lot line if
a side yard is provided on the abutting lot;
(v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres;
(2) (a)
4
(vi) REAR YARD DEPTH (minimum):
7.5 metres;
(vii) LOT COVERAGE (maximum):
50 percent;
(viii) BUILDING HEIGHT (maximum):
12.0 metres;
(ix)
DWELLING UNIT REQUIREMENTS: maximum one dwelling
unit per lot and minimum gross floor area residential of 100 square
metres;
(x) PARKING REQUIREMENTS:
A
minimum one private garage per lot attached to the main
building, any vehicular entrance of which shall be located not
less than 6 metres from the from lot line, and not less than 6
metres from any side lot line immediately adjoining a street or
abutting on a reserve on the opposite side of which is a street;
B
maximum projection of the garage front entrance from the wall
containing the main entrance to the dwelling trait shall not
exceed 2.5 metres in length, whether or not such garage has a
second storey, except where a covered and unenclosed porch or
verandah extends a minimum of 1.8 metres from the wall
containing the main entrance to the dwelling unit, in which
case no part of any attached private garage shall extend more
than 3.0 metres beyond the wall containing the main entrance
to the dwelling unit.
Uses Permitted CS5" Zone)
No person shall within the lands designated "S5" 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;
(b) Zone Requirements ("S5" Zone)
No person shall within the lands designated "S5" on Schedule I attached
hereto, use any lot or erect, alter, or use any building except in accordance
with the following provisions:
(i) LOT AREA (minimum):
250 square metres;
(ii) LOT FRONTAGE (minimum):
9.0 metres;
(iii) FRONT YARD DEPTH (minimum):
4.5 metres;
(iv)
SIDE YARD WIDTH (minimum): 1.2 metres one side,
0.6 metres on the other, or no minimum on one side so long as, on the
other side:
A
at least 1.2 metre interior side yard width is provided to the
nearest wall of a private garage, and;
(v)
B at least 1.8 metres interior side yard width is provided to any
other wall of the main dwelling;
FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres;
(vi) REAR YARD DEPTH (minimum): 7.5 metres;
(3)
(vii) LOT COVERAGE (maximum):
38 percent;
(viii) BUILDING HEIGHT (maximum):
12.0 metres;
(ix)
DWELLING UNIT REQUIREMENTS: maximum one dwelling
unit per lot and minimum gross floor area residential of 100 square
metres;
(x) PARKING REQUIREMENTS:
A
minimum one private garage per lot attached to the main
building, any vehicular entrance of which shall be located not
less than 6 metres from the front lot line, and not less than 6
metres from any side lot line immediately adjoining a street or
abutting on a reserve on the opposite side of which is a street;
B
maximum projection of the garage front entrance from the wall
containing the main entrance to the dwelling unit shall not
exceed 2.5 metres in length, whether or not such garage has a
second storey, except where a covered and unenclosed porch or
verandah extends a minimum of 1.8 metres from the wall
containing the main entrance to the dwelling unit, in which
case no part of any attached private garage shall extend more
than 3.0 metres beyond the wall containing the main entrance
to the dwelling trait;
(xi)
SPECIAL REGULATIONS: the horizontal
distance between buildings on adjacent lots shall not be less than 1.2
metres;
(a) Uses Pemfitted CSA-8" Zone)
No person shall within the lands designated "SA-8" on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(i) single attached dwelling;
(b) Zone Requirements CSA-8" Zone)
No person shall within the lands designated "SA-8" on Schedule I attached
hereto, use any lot or erect, alter, or use any building except in accordance
with the following provisions:
(i) LOT AREA (minimum):
180 square metres;
(ii) LOT FRONTAGE (minimum):
6.0 metres;
(iii) FRONT YARD DEPTH (minimum):
A 4.5 metres;
B
Despite A above, on the lands cross hatched on Schedule I the
minimum front yard depth shall be 3.0 metres;
6
(4)
(iv)
SIDE YARD WIDTH (minimum): 1.2 metres except that
no interior side yard shall be provided on the side where dwellings on
adjacent lots are attached together, so long as every wall on such side
which is not part of a common wall extending along the side lot line
separating such lots, or is not a direct extension thereof, shall be
setback from the side lot line separating such lots as follows:
A 1.2 metres measured perpendicularly to such side lot line if no
abutting side yard is provided on the abutting lot; or
B 0.6 metres measured perpendicularly to such side lot line if an
abutting side yard is provided on the abutting lot;
(v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres;
(vi) REAR YARD DEPTH (minimum):
A 7.5 metres;
B
Despite A above, on the lands cross-hatched on Schedule I the
minimum rear yard depth shall be 5.0 metres;
(vii) LOT COVERAGE (maximum):
50 percent;
(viii) BUILDING HEIGHT (maximum):
12.0 metres;
(ix)
DWELLING UNIT REQUIREMENTS: maximum one dwelling
unit per lot and minimum gross floor area residential of 100 square
metres;
(x) PARKING REQUIREMENTS:
A
minimum one private garage per lot attached to the main
building, any vehicular entrance of which shall be located not
less than 6 metres from the front lot line, and not less than 6
metres from any side lot line immediately adjoining a street or
abutting on a reserve on the opposite side of which is a street;
B
maximum projection of the garage front entrance from the wall
containing the main entrance to the dwelling unit shall not
exceed 2.5 metres in length, whether or not such garage has a
second storey, except where a covered and unenclosed porch or
verandah extends a minimum of 1.8 metres from the wall
containing the main entrance to the dwelling unit, in which
case no part of any attached private garage shall extend more
than 3.0 metres beyond the wall containing the main entrance
to the dwelling unit.
(a) Uses Permitted CRM2-1" Zone)
No person shall within the lands designated "RM2-1" 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;
(ii) semi-detached dwelling;
(iii) single attached dwelling;
(iv) multiple dwelling-horizontal;
(v) multiple dwelling-vertical;
7
(b) Zone Requirements ("RM2-1" Zone)
No person shall within the lands designated "RM2-1" 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)
YARD SETBACKS (minimum):
A for semi-detached dwelling residential and single attached
dwelling residential uses:
I in accordance with the building envelopes as set-out on
Schedule I attached hereto;
B
for detached dwelling residential, multiple dwelling-horizontal
or multiple dwelling-vertical uses:
4.5 metres from any lot line immediately adjoining a street
or abutting a reserve on the opposite side of which is a
street;
II 7.5 metres from any zone line;
(ii) BUILDING HEIGHT (maximum):
12.0 metres;
(iii)
DWELLING UNIT REQUIREMENTS:
area of 56 square metres;
minimum gross floor
(iv) LOT COVERAGE (maximum):
40 percent;
(v) PARKING REQUIREMENTS:
A
for each dwelling unit within a multiple dwelling horizontal or
multiple-dwelling vertical there shall be provided and
maintained on the lot:
I a minimum of 1.5 resident parking spaces; and,
II a minimum of 0.3 visitor parking spaces;
(vi) SPECIAL REGULATIONS:
A
the horizontal distance between semi-detached dwellings,
multiple dwellings-horizontal and/or single attached dwellings
shall be a minimum of 1.8 metres, except where such dwellings
are attached in whole or in part;
B
the interior side yard between abutting semi-detached
dwellings and/or single attached dwellings shall be a minimum
of 0.9 metres;
C
where dwellings on abutting lots share a common wall, no
interior side yard shall be required adjacent to that wall on
either lot;
(5)
(6)
(a) Uses Permitted ("RM2-2" Zone)
No person shall within the lands designated "RM2-2" 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 ("RM2-2" Zone)
(i) BUILDING LOCATION AND SETBACKS:
A Buildings and structures shall be located entirely within the
building envelope illustrated on Schedule I attached hereto;
(ii) BUILDING HEIGHT (maximum): 12.0 metres;
(iii) minimum gross floor
(iv)
(v)
DWELLING UNIT REQUIREMENTS:
area residential of 100 square metres;
LOT COVERAGE (maximum):
PARKING REQUIREMENTS:
50 percent;
A For each dwelling trait there shall be provided on the lands:
I one private garage attached to the dwelling trait;
II one parking space located between the vehicular entrance
of the private garage and the nearest traffic aisle; and
III a minimum of 0.3 visitor parking spaces;
B sections 5.21.2a), 5.21.2b), 5.21.2d), 5.21.2e), 5.21.20 of By-law
3036 shall not apply to the lands designated "RM2-2" on Schedule
I attached hereto;
C notwithstanding section 5.21.2g) and 5.21.2k) of By-law 3036 all
entrances and exits to parking areas and all parking areas shall be
surfaced with brick, asphalt or concrete, or any combination
thereof.
(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;
(iii) pedestrian trails and walkways;
9
(b) Zone Requirements ("OS-HL" Zone)
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 pedestrian trail and walkway purposes.
MODEL HOMES
Despite the provisions of clause 6.1 of By-law 3036, 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 hereto prior to division of those lands by
registration of a plan of subdivision or condominium.
For the purposes of this By-law, "Model Home" shall mean a dwelling unit used
exclusively for sales display and for marketing purposes pursuant to an agreement with
the City of Pickering, and not used for residential purposes.
BY-LAW
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.
o
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 15 day of
October ,2001.
Bruce Taylor, Clerk
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SCHEDULE ! TO BY-LAW
PASSED THIS ]STH
DAY OF OCTOBER 2001
5892/01
MAYOR
CLERK
FINCH AVENUE FINCH
City of Pickering Planning & Development Department
DATE OCT 11, 2001