HomeMy WebLinkAboutBy-law 6010/02PLANNING AND DEVELOPMENT DEPARTMENT
MEMORANDUM
July 22, 2002
To:
From:
Subject:
Bruce Taylor
City Clerk
Steve Gaunt
Planner II
Draft Amending By-law for
Zoning By-law Amendment Application A 04/01 (Phase 1 Lands)
Marion Hill Development Corp.
Part Lot 28, Range 3, B.F.C.
(now Part 1, Plan 40R-14431)
(South-east corner of Whites Road and Sheppard Avenue)
City of Pickering
Council, on June 17, 2002, approved the above-noted application to permit residential
development of the subject lands (see attached location map). It is anticipated that
conditions of approval for the rezoning of the Phase 1 lands will be met by July 29th and
a draft amending by-law has been prepared.
Conditions of approval included payment of a share of the Northeast Quadrant Review
study costs and registration of a development agreement between the City and the
developer to address a number of matters to be met prior to forwarding an amending
zoning by-law to Council for passage. At the time of writing this memorandum, the
applicant was reviewing a draft of the agreement with registration anticipated prior to
July 29, 2002. Should the agreement not be registered before Council's July 29th
meeting, this by-law should not be passed by Council on July 29, 2002. Staff will advise
the City Clerk of the status of the agreement ahead of the Council meeting.
The Phase I lands are to be zoned in an "RMM-4" zone category on Schedule I of the
proposed Zoning By-law.
The draft by-law has been circulated to and approved by the applicant, and is attached
for the consideration of City Council at its meeting scheduled for July 29, 2002.
A Statutory Public Meeting was held for this application on MaY 17, 2001.
The attached draft By-law reflects a minor change requested by the applicant to the
conditions approved by Council at its meeting on June 17, 2002.~ The change permits
visitor parking on some of the Phase 2 development lands.
Should Council pass the implementing zoning by-law as provided,
should also adopt the following resolution at the Council Meeting,
passing the by-law:
Council
prior to
"That the modification to By-law xxxx/02, to amend the zone boundary to
permit visitor parking on a small part of the Phase 2 development lands are
technical and minor in nature, therefore, no further notice is required to be
given with respect to By-law xxxx/02."
Please note that this by-law may be given all three readings at the July 29, 2002
Council Meeting.
Draft Amending By-law for Zoning By-law Amendment Application A 04/01 July 22, 2002
Page 2
The purpose and effect of this by-law is to amend Zoning By-law 3036, as amended, to
permit the development of 67 townhouse and stacked townhouse dwellings on the
subject lands. The 4 storey stacked townhouse dwellings will be located on
Whites Road with 2 storey townhouse dwellings located on Sheppard Avenue and
3 storey townhouse dwellings on the intedor parts of 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.
Dire~ment
Steve Gaunt
SG:td
Attachment
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 6010102 (A 04101) 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 amend Zoning By-law 3036, as
amended, to permit the development of 67 townhouse and stacked townhouse
dwellings on the subject lands. The four storey stacked townhouse dwelling will
be located on Whites Road with two storey townhouse dwellings located on
Sheppard Avenue and three storey townhouse dwellings on the interior parts of
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 during 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 6010/02 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 $125.00. Cheques must be made payable to the
aMinister of Finance".
AND TAKE NOTICE that only individuals, corporations and public bodies may
appeal a zoning by-law to the Ontado Municipal Board. A notice of appeal may
not be filed by an unincorporated association or group. However, a notice of
appeal may be filed in the name of an individual who is a member of the
association or the group on its behalf.
FURTHER INFORMATION REGARDING THIS MATTER MAY BE OBTAINED
BY CONTACTING THE CITY'S PLANNING AND DEVELOPMENT
DEPARTMENT AT 420-4617.
Dated at the City of Picketing this 9th day of August, 2002.
Btayloc. Legislathm Form$:No~ice By-law 6010
Bruce Taylor, AMCT, CMM
City Clerk
City of Picketing
One The Esplanade
Picketing, Ontado.
LlV 6K7
THE CORPORATION Of THE CITY Of PICKERING
BY-LAW NUMBER 6010/02
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 Lot 28, Range 3, B.F.C. (Part 1, Plan 40R-14431), in
the City of Pickering. (A 04/01)
WHEREAS the Council of the Corporation of the City of Picketing deems it
desirable to permit the development of a range of dwelling types on the subject
lands, being Part Lot 28, Range 3, B.F.C. (Part 1, Plan 40R-14431) in the
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
ENACTS AS FOLLOWS:
1. SCHEDULE I and II
Schedules I and II attached hereto with notations and references shown
thereon are hereby declared to be part of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall only apply to those lands in Part 1 of
Plan 40R-14431 of Part Lot 28, Range 3, B.F.C., Pickering, designated
"RMM-4" on Schedule I attached hereto.
3. 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)
"Multiple Dwellin,q-Vertical" shall mean a building containing
three or more dwelling units attached horizontally and vertically
by an above grade wall or walls, or an above grade floor or
floors or both;
(d)
"Multiple Dwelling-Horizontal" shall mean a building containing
three or more dwelling units attached horizontally by an
above-grade wall or walls, or an above grade floor or floors or
both;
(2)
"Floor Area - Residential" shall mean the aggregate of the floor
area 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;
2
(3)
(4)
(5)
(6)
"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 pdvate 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;
"Private Gara.qe" 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;
"Storey" shall mean that portion of a building other than a
basement, cellar, attic, or below-grade parking structure, included
between the surface of any floor and the surface of the floor, roof
deck or ridge next above it;
PROVISIONS ("RMM-4" Zone)
(1) Uses Permitted ("RMM-4" Zone)
No person shall, within the lands designated "RMM-4" on
Schedule I attached hereto, use any building or structure for any
purpose except the following:
(a)
(b)
multiple dwelling - vertical, only on lands cross-hatched on
Schedule I attached hereto;
multiple dwelling - horizontal, only on lands not
cross-hatched on Schedule I attached hereto;
(2) Zone Requirements ("RMM-4 Zone)
No person shall, within the lands designated "RMM-4" on
Schedule I attached hereto, use any building or structure except in
accordance with the following provisions:
(a) BUILDING RESTRICTIONS:
A
No multiple dwelling - vertical or multiple dwelling - hof~_ontal
shall be erected outside the building envelope shown on
Schedule II attached hereto;
B
Clause 5.18 (a) of By-law 3036, as amended, shall not
apply to lands designated "RMM-4" on Schedule 1
attached hereto;
C
No building or part of a building or buildings shall be
erected within the lands designated "RMM-4", as shown
on Schedule I, unless 75% of the length of the
build-to-zone contains a building or part of a building or
buildings;
D
The building envelope and build-to-zone of the lands
shown on Schedule II attached hereto shall be measured
from said property lines;
3
E
F
G
No multiple dwelling horizontal building adjacent to
Sheppard Avenue shall contain more than 4 dwelling
units;
The horizontal distance between multiple dwelling
buildings shall be a minimum of 2.5 metres;
Despite any of the setback or build-to-zone provisions of
this By-law, a setback of 0.5 of a metre is permitted for
underground buildings and structures, or parts thereof;
H
Despite section 5.7(b) of By-law 3036, covered and
unenclosed porches, verandahs, flankage entrance
features and bay windows with or without foundations,
may project no more than 1.5 metres beyond the building
envelope;
Section 5.6 and Clause 5.22 (5) of By-law 3036, as
amended, shall not apply to lands designated "RMM-4"
on Schedule I attached hereto.
(b) BUILDING HEIGHT:
A
A
B
C
B
(c)
D
(d)
Within the cross-hatched area shown on Schedule I, the
minimum building height shall be 4 functional storeys and
the maximum building height shall be 18 metres and 4
storeys;
Within the area not cross-hatched on Schedule I, the
maximum building height shall be 12.0 metres and
3 storeys;
Despite Clause 4 (2)(b)(B) above, on lands fronting
Sheppard Avenue not within the cross-hatched area
shown on Schedule I, the maximum building height shall
be 11 metres and 2 storeys for the facades of buildings
facing Sheppard Avenue;
Dwelling units adjacent to Sheppard Avenue and
Whites Road shall have their main front doom oriented to
Sheppard Avenue or Whites Road.
DWELLING UNIT REQUIREMENTS:
A maximum of 45 multiple dwelling - horizontal units and
22 multiple dwelling - vertical units, shall be permitted
within the lands designated "RMM-4" on Schedule I
attached hereto.
PARKING REQUIREMENTS:
Despite clauses 6.5 (b) and 6.5 (c) of By-law 3036, as
amended, there shall be provided and maintained on the
lands one private garage attached to the building, one
parking space located between the vehicular entrance of
the private garage and the nearest traffic aisle, and a
minimum of 0.25 visitor parking spaces for each dwelling
unit;
Clauses 5.21.2 (a), (b), (c), (e), (f) and (i) of By-law 3036,
as amended, shall not apply to lands designated
"RMM-4' on Schedule I attached hereto;
4
C
Despite clauses 5.21.2 (g) and 5.21.2 (k) 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.
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.
10. 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 29th day of
July ,2002.
Wayne Arthurs, Mayor
/'~-_.-'
-.
Bruce Taylor, Clerk--..
RMM4
PART 1, 40R-14431
~RMM4
SCHEDULE I TO BY-LAW
PASSED THIS 29th
DAY OF July 2002
6010/02
0
N
MAYOR
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3.0m
3.Om
PART 1, 40R-14451
BUILDING
BUILD-TO-ZONE
SCHEDULE Tr TO BY-LAW. 6010/02
PASSED THIS 27th
DAY OF July 2002
MAYOR
C LER-K ' -
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CRESCENT
STROUDS
lANE
LANE STROUDS
FLAV~'I ~F' COURT
AVENUE
EDGEWOOD
JACQUF_MNF'
W£1..RUS STREET
TR~dL
C.N.R,
WEY~URN
SHADY~ROOK
C.N.R.
SHEPPARD AVENUE SHEPPARO AVENUE
ROAD
STEEPLE HILL
BREDA
AVENUE
SANOK
City of Pickering
Planning & Development Department
PROPERTY DESCRIPTION PART OF LOT 28, RANGE 3, B.F.C.; PART 1, 40R-14431; PART 1, 40R-2767 I ~
OWNER MARION HILLS DEVELOPMENT INC. (PHASE 1) I DATE JULY 23, 2002 DRAWN BY RC
APPMCATION No. A 04/01 I SCALE 1:7500 CHECKED BY SG
FOR DEPARTMENT USE ONLY PN-6 PA-