HomeMy WebLinkAboutBy-law 6004/02PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
July17, 2002
To:
From:
Subject:
Bruce Taylor
City Clerk
Edward W. Belsey
Planner II
Zoning By-Law Amendment Application A 13/99
Ernesto Mattacchioni & Maria LaPosta
Lots 14 & 15, Plan 489
1210 & 1218 Kingston Road
(North side of Kingston Road, east of Walnut Lane)
On January 3, 2002, Council approved the above-noted application, as revised, to
permit the establishment of a maximum of 20 townhouse dwelling units, subject to a
(H) Holding provision, on the subject lands. There are no conditions of approval and a
draft amending by-law has been prepared. The draft by-law has been circulated to, and
approved by the applicant and is attached for the consideration of City Council at their
meeting scheduled for July 29, 2002.
A Statutory Public Meeting was held for this application on August 5, 1999.
The purpose and effect of this by-law is to permit the development of a maximum of
20 townhouse dwelling units on the subject lands.
If you require further assistance or clarification, please contact the undersigned.
I concur that this by-law
be considered at this time.
,.~ Director, Planning &~f~velopment
EB:jf
Attachment
I:~A-99-013 Mattaccllionl~lawm~n.doc
Planner II
NOTICE OF PASSING OF A
ZONING BY-LAW
THE CORPORATION OF THE CITY OF PICKERING
TAKE NOTICE that the Council of the Corporation of the City of Pickering
passed By-law Number 6004102 (A 13/99) on July 29, 2002.
Council approved the rezoning of the subject lands and the passage of this By-
law is the implementation of that approval.
The purpose and effect of this by-law is to permit the development of a maximum
of 20 townhouse dwelling units on the subject lands.
A key map showing the location of the lands to which the By-law applies is
attached. The complete By-law is available for inspection in the Office of the
Clerk dudng regular office hours.
AND TAKE NOTICE that any individual, corporation or public body may appeal
to the Ontario Municipal Board in respect of By-law Number 6004/02 by filing
with the Clerk of the Corporation of the City of Picketing no later than the 30th
day of August, 2002 Notice of Appeal setting out the reasons for the appeal.
The Notice of Appeal must be accompanied by the fee required by the Ontario
Municipal Board which is $125.00. Cheques must be made payable to the
"Minister of Finance".
AND TAKE NOTICE that only individuals, corporations and public bodies may
appeal a zoning by-law to the Ontado Municipal Board. A notice of appeal may
not be filed by an unincorporated association or group. However, a notice of
appeal may be filed in the name of an individual who is a member of the
association or the group on its behalf.
FURTHER INFORMATION REGARDING THIS MATTER MAY BE OBTAINED
BY CONTACTING THE CITY'S PLANNING AND DEVELOPMENT
DEPARTMENT AT 420-4617.
Dated at the City of Picketing this 9th day of August, 2002.
Btaylor:Legislative Forms:Notice By-law 6004
Bruce Taylor, AMCT, CMM
City Clerk
City of Picketing
One The Esplanade
Picketing, Ontario.
LIV 6K7
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6004/02
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 Lots 14 and 15, Plan 489, in the City of Picketing.
(A 13/99)
WHEREAS the Council of the Corporation of the City of Picketing deems it desirable to permit
the development of 20 townhouse units on the subject lands being Lots 14 and 15, Plan 489 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 Lots 14 and 15, Plan 489,
designated "(H)MD-H3" on Schedule I attached hereto.
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)
Co)
(c)
(2) (a)
Co)
"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;
"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;
"Multiple Dwelling-Hotizontal" shall mean a building containing three or
more units attached horizontally, not vertically, by an above-grade wall or
walls;
"Floor Area - Residential" shall mean the area of the floor surface contained
within the outside walls of a storey or part of a storey;
"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)
(4)
(5)
2
"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;
"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 fi:ont
yard of a lot between the fi:ont 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
"Side Yard" shall mean a yard of a lot extending fi:om the front yard to the rear
yard, and fi:om 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) "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;
(j) "Interior Side Yard" shall mean a side yard other than a flankage side yard.
3
PROVISIONS
(1) (a) Uses Permitted ("MD-H3" Zone)
No person shall within the lands designated "MD-H3" 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 ("MD-H3" Zone)
No person shall within the lands designated" MD-H3" on Schedule I attached
hereto, use any lot or erect, alter, or use any building except in accordance
with the following provisions:
(i) DWELLING UNIT REQUIREMENTS:
A Number of Dwelling Units (maximum) 20;
B Number of Dwelling Units having their 8;
main front entrance facing Kingston Road
(minimum)
C Dwelling Unit Width (minimum)
(I) 5.4 metres;
(11) Despite (I) above, a minimum trait width of 4.4 metres shall
be required for any unit fronting Kingston Road.
(ii) BUILDING RESTRICTIONS:
A
No building, part of a building, structure or part of a structure
shall be erected except within the limits of the building envelope
illustrated on Schedule I attached hereto;
B
A minimum of 40% of the length of the build-to-zones illustrated
on Schedule I attached hereto shall contain a building or part of a
building or buildings containing dwelling units;
C
Notwithstanding paragraph A above, buildings or structures
associated with permitted mechanical, recreational, security,
parking, refuse storage and other ancillary residential facilities
shall be permitted beyond the limits of the building envelope but
no closer than 3.0 metres to the northern limit of the lands
illustrated on Schedule I attached hereto.
(iii) BUILDING HEIGHT:
As illustrated on Schedule II
attached hereto;
(iv) PARKING REQUIREMENTS:
A
Notwithstanding clauses 6.5b) and 6.5 c) of By-law 3036, as
amended, for development that provides resident parking in a
private garage, there shall be provided and maintained on the
lands one private garage attached to the dwelling, one parking
space located between the vehicular entrance of the private
garage and the nearest traffic aisle, and a minimum of 0.3
visitor parking space for each dwelling unit;
BY-LAW
July
4
B
Notwithstanding clauses 5.21.2g) and 5.21.2k) of By-law
3036, as amended, all entrances and exits to parking areas
and all parking areas shall be surfaced with brick, asphalt or
concrete, or any combination thereof.
C
Clauses 5.21.2a), 5.21.2b), 5.21.2o), 5.21.2d) 5.21.2e), and
5.21.2i) of By-law 3036, as amended, shall not apply to lands
designated "MD-H3" on Schedule I attached hereto;
(2) (a) Uses Permitted ("(H)" Holding Zone)
Despite the provisions of Clause l(a), while the "(H)" holding symbol is in
place, no person shall, within the lands zoned "(H)MD-H3" on Schedule I
attached hereto, use any lot or erect, alter or use any buildings or structure for
any purpose except a legal non-conforming detached dwelling and accessory
uses existing on the date of the passing of this By-law.
(3) Removal of"(H)" Holding Symbol
Prior to an amendment to remove the "(H)" Holding symbol preceding the
"MD-H3" zone designation, the owner is required to execute appropriate
agreements with and to the satisfaction of the City of Picketing (and\or the Region
of Durham), and such agreements have been registered on title to the lands, to
provide for the development of multiple dwelling horizontal uses in accordance
with the provisions of subsection 5.(1) of this By-law.
BY-LAW 3036
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.
EFFECTIVE DATE
This By-law shall take effect fi.om the day of passing hereof subject to the approval of the
Ontario Municipal Board, if required.
read a first, second, and third time and finally passed this 29th day of
,2002.
ce Taylor, Clerk
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(H)MD-H3
LOTS 14 AND 15,
PLAN 489
BUILD-TO-ZONE
BUILDING ENVELOPE
SCHEDULE T TO BY-LAW 6004/02
PASSED THI-S 29th
DAY OF .|uly 2002
MAYOR
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H)MD-H3
/LOTS 14 AND 15. PLAN 489
&.
SCHEDULE Tr TO BY-LAW. 6004/02
PASSED THIS 29th
DAY OF July 2002
MAYOR
F'INCH AVENUE FINCH AV~NUIr_
Gitg of ~ickoring ~lanning & Do¥olopmont Dopartmont
I DATE JULY 18, 2002
III
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