Loading...
HomeMy WebLinkAboutBy-law 1849/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1849/84 Being a Zoning By-law to amend Restricted Area By-law 2511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part Lots 64, 65, 66, 67, 68, 69, 70 and 71, Plan 418, in the Town of Pickering. (A 54/80; 18T-80006) J WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of detached dwellings and semi-detached dwellings attached below grade only to occur on the subject lands being Part Lots 64 to 71 inclusive, Plan 418, in the Town of Pickering; AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE "I" Schedule "I" hereto with notations and references shown is hereby declared to be part of this By-law. thereon 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part Lots 64, 65, 66, 67, 68, 69, 70 and 71, Plan 418, Town of Pickering, designated "S" and "SD-B" on Schedule "I" attached hereto. 3. 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. 4. 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 a 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 dwelling containing one dwelling unit and uses accessory thereto. d) "Dwelling, Detached or Detac.h.ed Dwelling" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures. continued... Page 2) 3) 5) e) "Dwelling, Semi-Detached or Semi-Detached Dwellin~ Attached Below Grade" shall mean one of a pair or dwellings, such dwellings being attached together horizontally in whole or in part below grade only. single a) "Floor Area" shall mean the area of the contained within the outside walls of a part of a storey. floor surface storey or b) "Gross Floor Area" shall mean the aggregate of the floor areas of all the storeys of a building or structure, or a part thereof as the case may be, other than a private garage, an attic or a cellar. c) "Dwelling Unit Area" shall mean the aggregate of the floor areas of all habitable rooms of a dwelling unit. 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 a 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 a 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. (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 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. continued... Page 3 f) h) "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. "Flanka~e 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) "Interior Side Yard" shall mean a side yard other than a flankage side yard. l) Uses Permitted -"S" Zone No person shall within the lands designated "S" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) detached dwelling residential uses 2) Zone Requirements -"S" Zone No person shall within the lands designated "S" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): (b) LOT FRONTAGE (minimum): (c) FRONT YARD DEPTH (minimum): (d) SIDE YARD WIDTHS (minima): A interior side yard: B flankage side yard: 450 square metres 15 metres 6 metres 1.5 metres one side, 1.2 metres other side 4 metres e) REAR YARD DEPTH (minimum): f) FLOOR AREA (minimum): g) LOT COVERAGE (maximum): h) BUILDING HEIGHT (maximum): i) DWELLINGS PER LOT (maximum): j) PRIVATE GARAGES (minimum): 7.5 metres 100 square metres 35 percent 12 metres 1 only 1 per dwelling, attached to the main building. continued... Page 4 (1) Uses Permitted-"SD-B" Zone Ho person shall within the lands designated "SD-B" on Schedule "I" hereto, use any lot or erect, alter er use any building or structure for any purpose except: (a) semi-detached dwelling attached below grade residential uses. (2) Zone Requirements-"SD-B" Zone No person shall within the lands designated "SD-B" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): (b) LOT FRONTAGE (minimum): (c} FRONT YARD DEPTH (minimum): {d) SIDE YARD WIDTHS {Minima) 320 square metres 10.5 metres 6 metres A interior side yard: 1.5 metres, except that in the case of an interior side yard between a pair of attached single dwellings the minimum shall be 0.9 metres B flankage side yard: 4 metres {e) REAR YARD DEPTH (minimum): 7.5 metres (f).FLOOR AREA {minimum}: 100 square metres {g) LOT COVERAGE {maximum): 35 percent {h} BUILDING HEIGHT {maximum}: 12 metres {i) DWELLINGS PER LOT {maximum): 1 only (j) PRIVATE GARAGES (minimum}: 1 per dwelling, attached to the main building and located not less than 6 metres from the front lot line. o ENFORCEMENT (1) Any person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, {a) on a first conviction to a fine of not more than $20,000; and (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. (2) Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $50,000; and continued ... Page 5 (b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted. and not as provided in subsection {1}. (3) Where a conviction is entered under subsection (1), in addition to any other remedy or any penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may ma.ke an order prohibiting the continuation or repetition of the offence by the person convicted. 8. BY-LAW 2511 (1) By-law 2511, 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. (2) Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, as amended. 9. EFFECTIVE DATE This By-law shall take effect from the day of passing thereof subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 4th DAY OF Jtme , 1984. READ A THIRD TIME AND PASSED THIS 4th DAY OF ,T~e , 1984. CLER~/ TOWN OF P~CKEF(iNG APP~OVEO AS TD FD~tM LE_GAL DEPT,_ Ontario 840501 Ontario Municipal Board IN THE MATTER OF Section 39 of The. P~annl~g Act, (R.S.0. 1980, c. 379) AND IN THE MATTER OF an application by The Corporation of the Town of Picketing for approval o£ its RestrictedArea By-law 1849/84 BEFORE z ] Friday, the 22nd day E.A. SEABORN Member ] of March, 1985 THIS APPLICATION having come on for public hearing an6 after the hearing of the application the council of the applicant corporation having an opportunity to consider certain amend- ments to the said by-law and the said coun=ll having on the llth day of March, 1985 passed By-law 1985/85 further amending By-law 2511 as amended by By-law 1849/84 and incorporating certain recommendations of the Board and having caused a certified copy thereof to be filed and the Board hav~ng dispensed with notice and hearing in reepect of By-law 1985/85~ THE BOARD ORDERS that By-Xaw 1849/84 as amended by By-law 1985/85 is hereby approved. REC -:IVE-O S,,;L,~, TuR Ontario ,~, R 840501 Ontario Municipal Board ~o~ IN TXE ~ATTER OF Section 39 of The' Planning Act (R.S.O. 1980, c. 379) - and - IN THE MATTER OF an application by the Corporation of the Town of Pickering for approval of its Restricted Area By?law 1849/84 COUNSEL: C.M. Timothy Sheffield - for A.F. Markes - for S. Powell - for (Law Clerk) the Corporation of the Town of Pickering Rulor Developments Limited Canadian National Railways DECISION OF THE BOARD delivered .~y E.A. SEABORN The subject by?law proposes to re-zone Part Lots 64 to 71 inclusive, Plan 418, in the Town of Picketing to permit development of 15 detached and 16 semi-detached dwellings, implementing a Plan of Subdivision 18T780006, draft approved by the Minister on June 4 and August 17, 1982. The lands lie between Rosebank Road South and a Canadian National Railways right?of?way in the area south of Highway 4Ol. under By?law 2511 (approved in 1963) is R3 and R4, requiring 60 feet frontages in R3 and 50 feet in R4, The present zoning residential zonings Proposed zonings are S for single?family homes on 50 foot lots and SD-B, allowing semi-detached dwellings on 70 foot lots. The lands are designated "residential" Region of Durham, approved on March 17, 1978. type of use proposed. in the Official Plan of the Such designation permits the - 2 - R 840501 The Pickering District Plan, approved March 23, 1981 designates the subject lands L.D.2 - low density residential. The densities proposed conform to the L.D,2 designation. Official Plan Amendment No. 4 to the Picketing District Plan was approved on August 8, 1984, and is the Fairport - Rosebank Neighbourhood Plan. It allows development on this site to a density of 5 to l0 units per acre. The plans call for between 6 and 7 units per acre. Amendment No. 4 al so restricts housing types to not more than 50 per cent semi-detached units. There are 15 single?family and 16 semi-detached homes proposed. The original plan of subdivision included six lots on the east side of Rosebank Road South providing a mix of 21 singles and 16 semi-detached. The owner was granted severances for those six lots from the remainder that is before the Board. Only singles are permitted on the Rosebank Road lots. As stated above, draftcapproved the plan conditions. The draft approval as Exhibit 7. the Minister of Municipal Affairs and Housing of subdivision on June 4, 1982, subject to 24 plan was filed as Exhibit 5, and the Minister's The Board was advised that the only concerns expressed on circulation of the draft plan was by Canadian National Railways and the Ministry of Environment in regard to noise and vibration from the railway right?ofcway, fencing and drainage patterns. A noise study is to be undertaken by the developer and noise control features must be satisfactory to the Ministry of the Environment and the Town of Picketing. Drainage, erosion and siltation effects in the site must be studied and controls must be satisfactory to the Metropolitan Toronto and Region Conservation Authority. Fencing, drainage works, noise and vibration provisions are to be acceptable to Canadian National Railways. - 3 - R B40501 Matters referred to immediately above are included in a development agreement. An agreement dated March 5, 1985 between the developer and C.N.R. was submitted as Exhibit 9. The Board was advised by an accoustical engineer that while this agreement has not yet been executed, it is satisfactory to the railway. One objector, Brian Edwards, testified at the hearing. He believed the presence of semi-detached units in a basicaly single?family neighbourhood would lower property values, create more unstable occupancy and generally be incompatible with the area. No expert evidence on market values was adduced. planners supported the development as being compatible the semis nearest the railroad. Two well qualified with the placing of Counsel for the Town of Pickering filed as Exhibit 2, an amendment to the byClaw before the Board which increases the set .... '- '= ~ ~ the semi-detached homes from the railway rightcof?way to 25 metres. When the Board is provided with the amendment, duly passed by Council, it will approve that amendment together with By?law 1849/84. No circulation of the amendment is required. DATED at TORONTO this 22nd MARCH ,]~85 E.A. SEABORN MEMBER -r CC) 0 0 PT.: S S ~'~o~ Cou~f ,~. Z <[ nn U.J 0 0 n- 40R-~'307 SD'B NOMAD ROAD PT. 7, 8 ~ SD.B SCHEDULE 'I' TO BY- LAW PASSED THIS 4th DAY OF June 1984 1849/84 mrov All'plIPP" III . Ii 111111tPlij0 1.1 Ao‘ A ? ---V Z ,up -, 6 4. -- V cbt./ 0 1.4 ,_)44/ Zo N\G‘klip.( Ift g I►. ..iA 1 I 1 111 u .,- is _ 111111 11 Minn!! . 1/4 • . . Fill . .. .vs\ -400 %.-- • \0111•1111 az a- 1, 4. 1 �IN .ase- r Pll f :1=1111a MI 1=1 mi 1.1 ,..i mom 2125:Zirrelliqr ii I • Ifat o i 'MN smillifill dk i c4,1=VO 11111b • ' KILYA ST. • ` . __, •' 4....74Will iNi II .1.1111.6imizin.. =__ gl#-I'w, MI OiMiiiiii ill .:M.!!;:&.,.. `` Iv[ rte. 4441111 SUBJECT PROPERTY k .: ......: . oma' L-7\ 11.11,. Warr- 4111, 17,# , _ I, ill an 6; ' 1 ( �•.at44 y