HomeMy WebLinkAboutBy-law 6027/02063
PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
September 25, 2002
To: Bruce Taylor
City Clerk
From: Tyler Barnett
Planner II
Subject:
Draft Amending By-law for
Zoning By-law Amendment Application A 01/02
Marshall Homes (Dunbarton) Limited
Lots 111,112, 113, Part of Lots 114 and 115, Plan 1051
(East side of Fairport Road, north of Welrus Street)
City of Pickering
On June 24, 2002, City Council recommended approval of Zoning By-law Amendment
Amendment Application A 01/02 to permit the development of 20 detached dwellings on
the subject lands.
The attached draft by-law has been circulated to and approved by the applicant. The
conditions of approval, related to the forwarding of the implementing by-law have been
satisfied.
The associated draft plan of subdivision SP-2002-01 has been appealed to the
Ontario Municpal Board by an adjacent land owner. It is our understanding that the
applicant intends to pursue a motion to dismiss the appeal. The applicant has
requested that City Council consider the attached implementing by-law in order to
resolve all issues at the Ontario Municipal Board.
A Statutory Public Meeting was held for this application on April 18, 2002.
The purpose and effect of this by-law is to amend the zoning of the subject lands permit
the development of 20 detached dwellings on the subject lands.
O64
Draft Amending By-law for Zoning By-law Amendment
Application A 01/02
September 25, 2002
Page 2
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.
Director, Pla~~'Development
TB:td
Tbame~vla~shall I-Iome~bylaw memo.doc
Attachment
CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 60:2'7/02
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 Lots 111, 112, 113, Part of Lots 114
and 115, Plan 1051, in the City of Pickering. (SP-2002-01, A 1/02)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to
permit the development of 20 detached residential dwellings;
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 notations and references shown thereon is
hereby declared to be part of this By-law.
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Lots 111, 112, 113,
Part of Lots 114 and 115, Plan 1051, designated "S3-7" 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) "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 Dwellinq" shall mean a single dwelling
containing one dwelling unit and uses accessory hereto;
(d)
"Dwelling, Detached or Detached Dwellinq" shall mean a single
dwelling which is freestanding, separate, and detached from other
main buildings or structures;
(2)
(a)"FIoor 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 - 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;
(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 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 Fronta.qe" 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 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;
(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 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;
(f)
"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;
(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)
"Flankaqe 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;
3
(j) "Interior Side Yard" shall mean a side yard other than a flankage side
yard.
PROVISIONS
(1) (a)
(b)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
Uses Permitted ("S3-7" Zone)
No person shall within the lands designated "S3-7" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or
structure for any purpose except the following:
(i) detached dwelling;
Zone Requirements ("S3-7" Zone)
No person shall within the lands designated "S3-7" 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): 350 square metres;
LOT FRONTAGE (minimum): 12.0 metres;
FRONT YARD DEPTH (minimum): 4.5 metres;
SIDE YARD WIDTH (minimum):
A 1.2 metres one side and 0.6 metres on the other side;
B despite paragraph A above, where a detached garage is
located in the rear yard, the minimum interior side yard
widths shall be 3.0 metres on one side and 0.6 metres on
the other side;
FLANKAGE SIDE YARD WIDTH (minimum):
A for lots flanking on Fairport Road: 4.5 metres;
B for all other lots: 2.7 metres;
REAR YARD DEPTH (minimum): 7.5 metres;
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;
PARKING & PRIVATE GARAGE REQUIREMENTS:
A minimum one private garage per lot;
B any vehicular entrance for a private garage 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;
4
C
a detached private garage shall be located in the rear
yard or the side yard, but no part of a private detached
garage shall be located in the front yard;
D
no part of any attached private garage shall extend more
than 2.0 metres beyond the wall containing the main
entrance to the dwelling unit, except where a covered
and unenclosed porch or veranda 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;
or
E
where a covered and unenclosed porch or verandah
extends a minimum of 2.0 metres from the wall
containing the main entrance to the dwelling unit and
where second storey habitable floor space located above
the garage is set back no more than 2.5 metres beyond
the vehicular entrance of an attached private garage, no
part of any attached private garage shall extend more
than 6.0 metres beyond the wall containing the main
entrance to the dwelling unit;
(x) SPECIAL REGULATIONS:
A
despite the provisions of Section 5(1)(b) of this By-law
unenclosed porches not exceeding 1.5 metres in height
above established grade, with or without floor space
below, may encroach a maximum of 1.5 metres into a
required minimum front yard and minimum flankage side
yard and a maximum of 0.6 metres into a required side
yard where the side yard is a minimum of 1.2 metres;
(xi) MODEL HOMES:
A
despite the provisions of Section 6.1 of By-law 3036, a
maximum of 4 Model Homes, together with not fewer
than three 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;
B
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 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.
7. 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 __
October ,2002.
7th day of
Wayne Arthurs, Mayor .--'~
?_~.. ........
Brace Taylor, Cle~ '-, ~ '-, =%~ ,'
S3-7
S3-7
'-4
SCHEDULE I TO BY-LAW
PASSED THIS 7th
DAY OF October 2002
6027/02
MAYOR
CLERK/~