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HomeMy WebLinkAboutBy-law 5929/01PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM December 11, 2001 To: From: Subject: Bruce Taylor City Clerk Lynda Taylor Manager, Current Operations Implementing Zoning By-law for Zoning By-law Amendment Application A 28/00 R. Halliday and R. Halliday in Trust Part of Lot 20, Concession 2 (Lands east of Valley Farm Road, at the southem terminus of Wildwood Crescent) City of Pickering City Council, on September 17, 2001, approved zoning by-law amendment application A 28/00, as revised to permit the establishment of four detached dwellings on new lots and to retain the existing Palmer-VoSs Heritage House on an additional lot, subject to various conditions being fulfilled. Council's conditional approval permits, among other things, the establishment of four detached dwellings on lots providing minimum lot frontages of 12.0 metres. The enclosed draft implementing zoning by-law permits the development of lots providing minimum 12.0 metre frontages for two of the lots, and recognizes the additional two proposed "key-lots" providing comparable lot widths, but reduced lot frontages. It is Staff's understanding that Council recognized, in their revised approval, that the proposed "key-lots" would not provide minimum lot frontages of 12.0 metres at the street frontage. The proposed "key-lots" do, however, provide lot widths in excess of 12.0 metres where dwelling units are proposed to be sited. The enclosed draft implementing zoning by-law encourages dwelling units within a south-east portion of the subject lands to be sited as close as possible to Wildwood Crescent, while protecting existing vegetation within the rear of those proposed lots. To achieve this, a larger-than-normal minimum rear yard depth is required (minimum 17.5 metres), and a 10-metre deep open space zone category has been established within the rear yard of those lots. The enclosed draft implementing zoning by-law incorporates all limitations and restrictions set out and intended by City Council. A proposed Siting and Architectural Design Statement and Functional Servicing Report have been submitted to the City, and subject to requested revisions, are acceptable to the City. The Durham Region Land Division Committee conditionally approved related land severance applications LD 253/01 to LD 256/01 on Monday, December 10, 2001. Conditions of approval to be fulfilled prior to the applicant perfecting these severances include those conditions of approval required by City Council through this zoning by-law amendment application, including the adherence to, and approval of, a Siting and Architectural Design Statement and Functional Servicing Report. The enclosed draft by-law has been circulated to and approved by the applicant. Brace Taylor December 11,2001 Page 2 A Statutory Public Meeting was held for this application on October 19, 2000. Please note that this By-law may be given all three readings at the December 17, 2001 Council Meeting. The purpose and effect of this By-law is to permit the establishment of four detached dwellings on new lots 'and to retain the existing Palmer-Voss Heritage House on an additional lot 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. Df~ector, ~r,~Developrfient RST/sm R.~t/halliday,,byla wing too.doc Enclosure THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 5929/01 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 20, Concession 2, in the City of Pickering. (^ 28/00) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit the development of 4 detached dwelling units and to identify open space lands, on lands being Part of Lot 20, Concession 2, City of Pickering; 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 to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. e AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 21, Concession 2, City of Pickering, designated "S3-11", and "OS-HL" on Schedule I attached to this By-law. m 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. 0 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 thereto; (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 Area-Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; 2 (3) (4) (5) (b) "Gross Floor Area-Residentiai" shall mean the aggregate of the floor areas of ail storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar; (a) "Lot" shail 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 aiong a line parallel to and 7.5 metres distant from the front lot line; "Private Garage" shail 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; (a) "Yard". shail 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" shail 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 horizontai dimension of a front yard of a lot between the front lot line and the nearest wail of the nearest main building or structure on the lot; (d) "Rear Yard" shail 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" shail mean the shortest horizontai 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; (f) "Side Yard" shail 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" shail mean the shortest horizontai dimension of a side yard of a lot between the side lot line and the nearest wail of the nearest main building or structure on the lot; (h) "Flankage Side Yard" shail mean a side yard immediately adjoining a street abutting a reserve on the opposite side of which is a street; (i) Flankage Side Yard Width" shail mean the shortest horizontai dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting a reserve, the opposite side of which is a street, and the nearest wail 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. Se PROVISIONS (1) (a) Uses Permitted CS3-11") No person shall, within the lands zoned "S3-11" on Schedule I attached to this By-law, 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 Requirements ("S3-11") No person shall, within the lands zoned "S3-11" on Schedule I attached to this By-law, 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): 350 square metres; (ii) LOT FRONTAGE (minimum): A 12.0 metres; B despite clause A above, for any lot within lands cross-hatched on Schedule I attached hereto, a minimum lot frontage of 7.0 metres may be provided; (iii) FRONT YARD DEPTH (minimum): A 4.5 metres; B despite clause A above, a covered and unenclosed porch or verandah may project up to 2.0 metres into the required minimum front yard; (iv) INTERIOR SIDE YARD WIDTH (minimum): A 1.2 metres each side; or B 1.8 metres one side and no minimum other side; C despite clauses A and B above, for any lot within lands cross-hatched on Schedule I attached hereto where the "OS-HL" Zone abuts a side lot line, the minimum side yard width shall be 2.0 metres; D despite clauses A and B above, for any lot within lands cross-hatched on Schedule I attached hereto and abutting the east limit of the "S3-11" Zone identified on Schedule I attached hereto, the minimum east side yard width shall be 3.5 metres; (v) REAR YARD DEPTH (minimum): A 7.5 metres; B despite clause A above, for any lot within lands cross-hatched on Schedule I attached hereto, and a portion of which contain an "OS- HL" Zone, the minimum rear yard depth shall be 17.5 metres; C despite clause A above, for any lot within lands cross-hatched on Schedule I attached hereto that do not contain an "OS-HL" Zone, the minimum rear yard depth shall be 4.5 metres; 4 (vi) (vii) (viii) LOT COVERAGE (maximum): 38 percent; BUILDING HEIGHT (maximum): 9.0 metres; DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area-residential of 100 square metres; (ix) 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 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining a street or abutting a reserve on the opposite side of which is a street; B despite clause A above and sections 5.18(a) and 5.18(b) of Zoning By-law 3036, as amended, for those lands cross-hatched on Schedule I attached hereto that do not contain an "OS-HL" Zone, one private garage must be provided, but may be detached from the main building, and located in a side yard no less than 1.0 metre from any side lot line; C no part of any attached garage shall extend beyond the wall containing the main entrance to the dwelling unit; (x) SPECIAL REGULATIONS: A the horizontal distance between buildings on adjacent lots shall not be less than 1.8 metres; B notwithstanding clause 5.7(b) of By-law 3036, as amended, uncovered steps and platforms exceeding 1.0 metre in height above grade may project a maximum of 2.5 metres into the required rear yard of each lot provided no part thereof shall exceed 2.5 metres in depth and 6.0 metres in width. (2) (a) Uses Permitted COS-HL" Zone) No person shall, within the lands zoned "OS-HL" on Schedule I attached to this By-law, use any land for any purpose except the preservation and conservation of the natural environment, soil, and wildlife; (b) Zone Requirements COS-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 only for purposes of flood and erosion control. e BY-LAW 3036 (1) By-law 3640/91, as it applies to those lands hereto, is hereby repealed; identified on Schedule I attached 5 (2) 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. 7. EFFECTIVE DATE This By-law shall take effect from the day of passing, subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this 17day of December, 2001. Wayne ArthurS, Mayo~ '- C. (Ann~Gre6Ii~ee,'JJepttl~ Clerk S3-11 S3-11 OS-HL OS-HL SCHEDULE ! TO BY-LAW PASSED THIS 17th DAY OF Deceml~r 2001 5929/01 MAYOR ° llT =-=2= <~ III1' -- _--_---~ I --4 I:zJ_LLI 1 II I%, ,.~-- ~ * -- ~ k '~ REEK FINCH AVENUE FINCH AVE. ,,,,,,,,,,,,,.~ --- city of ~ickoring ~lanning 8, Do¥olopmont Dopartmont DATE DEC. i0, 2001 Jl II