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Home My WebLink AboutBy-law 6175/03ISSUE DATE: Sept.10,2003 DECISION/ORDER NO: 1204 ULI SEP 1 2003 CITY OF PICKERIN~ PL967860 Ontario PIOKERING, O"T^"'O E C E V E D Ontario Municipal Board CITY OF PICKERING Commission des affaires municipales de I'Ontario 2003 CLERK'S DIVISION Degraauw Holdings and Cornelius Degraauw have appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Councils refusal or neglect to enact a proposed amendment to Zoning By-Law 3037, as amended, of the Town of Pickering to rezone lands respecting Part of Lot 11, Concession No. 8, to "ER-2 Zone" and "OS-H Zone" for the development of a residential plan of subdivision O.M.B. File No. Z960055 BEFORE: ) NORMAN JACKSON ) MEMBER ) Tuesday the, 9th day of September, 2003 THIS MATTER having come on for public hearing; AND THE BOARD having issued its Decision on June 1st, 1998 (Decision/Order No. 1335) and withheld its Order until the Board received a copy of an amended by-law and confirmation that subdivision and site plan agreements have been entered into; AND THE BOARD having received confirmation from the Town Solicitor, by letter dated July 24th, 2003 that the subdivision and site plan agreements have been entered into; AND THE BOARD having received a copy of an amended by-law from the Town Solicitor that reflects the intent of the Board's decision No. 1335 dated June 1st, 1998; THE BOARD ORDERS that the appeal is allowed, and By-Law 3037 is hereby amended in the manner set out and attached hereto as Attachment "1". ACTING SECRETARY ATTACHMENT '1' PL967860 Implementing By-law for Zoning By-law Amendment Application A 7/95 Degraauw Part of Lot 11, Concession 8 City of Pickering ' THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 6175/03 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, in Part of Lot 11, Concession 8, in the City of Pickering. (A 7/95) (18T-95035) WHEREAS the City of Pickering passed By-law 3037, as amended by By-law 3155/89, to allow rural agricultural and golf course uses on the subject lands being Part of Lot 11, Concession 8, in the City of Pickering; AND WHEREAS the Ontario Municipal Board deems it desirable to permit the establishment of residential detached dwellings and an open space/hazard land zone on the subject lands being Part of Lot 11, Concession 8, in the City of Pickering; AND WHEREAS an amendment to zoning By-law 3037, as amended by By-law 3155/89, is deemed necessary by the Ontario Municipal Board; NOW THEREFORE THE ONTARIO MUNICIPAL BOARD 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 Part of Lot 19, Concession 8, in the City of Pickering, designated "ER-2" and "OS/HL" on Schedule I attached hereto. GENERAL PROVISIONS No building, structure, 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) (b) (c) "Dwellinq" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; "Dwellinq 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; "Dwellinq, Detached or Detached Dwellinq" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures; -2- (2) (3) (4) (5) (6) (a) (b) (a) (b) (c) (a) (b) (c) (d) (e) (f) "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; "Golf Course" shall mean an area of land, and any ancillary building, structure, or part thereof, operated for the purpose of playing golf and includes any associated recreational facility, such as a club house, snack bar, dining room, lounge, swimming pool and racquet sport court, operated in conjunction therewith. "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; "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; "Lot Frontaqe" 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; "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; "Front Yard Depth~i. 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; "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; "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot b~tween 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; "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; -3- (g) main building or structure on the lot. PROVISIONS ("ER-2" Zone) (1) (a) Uses Permitted ("ER-2" Zone) "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 No person shall, within the lands designated "ER-2" 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 residential use; (b) Zone Requirements ("ER-2" Zone) No person shall, within the lands designated "ER-2" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (i) LOTAREA (minimum): (ii)LOT FRONTAGE (minimum): (iii) FRONT YARD DEPTH (minimum): (iv)SIDE YARD WIDTH (minimum): A 4000 square metres 30.0 metres 15.0 metres 7.5 metres despite section 5(1 )(b)(iv) above, on the lands cross-hatched on Schedule "1", the minimum north side yard width shall be 15 metres; (v) REAR YARD DEPTH (minimum): (vi) LOT COVERAGE (maximum): (vii) BUILDING HEIGHT (maximum): (viii) DWELLING UNIT REQUIREMENTS: 15.0 metres 20 percent 9.0 metres maximum unit per lot and minimum gross floor area residential metres. (ix) PARKING REQUIREMENTS: one dwelling of 100 square minimum of two parking spaces. (x) SPECIAL PROVISIONS: a detached private garage may be erected in a side yard or a front yard provided that such garage is located not less than 7.5 metres from the side lot line and not less than 15 metres from the front lot line. PROVISIONS ("OS/HL" Zone) (1) (a) Uses Permitted ("OS/HL"Zone) No person shall, within the lands designated "OS/HL" on Schedule attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) conservation of the natural environment, soil, and wildlife; and (ii) resource management. -4- (b) Zone Requirements ("OS/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 for purposes of flood and erosion control, or resource management. BY-LAW 3155/89 By-law 3155/89, as it applies to the area set out in Schedule I attached to this By-law, is hereby revoked. o BY-LAW 3037 By-law 3037, 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 the relevant provisions of By-law 3037, as amended. EFFECTIVE DATE This By-law shall take effect from the date of the order of the Ontario Municipal Board (in its file number Z960055) amending By-law 3037, as amended by By-law 3155/89, in accordance with this By-law. CON 8 PART LOT 11 \ \ \ CON 8 N PART LOT 10 \ \ \ \ \ \ \ \ \ \ \ ER-2 CON 8 PART LOT 11 OS/HL- CON 8 N PART LOT 11 SCHEDULE I TO BY-LAW 6i'75/05 AS MADE BY ONTARIO MUNICIPAL BOARD ORDER DATE (O.M.B. FILE Z960055) RIrOIONAL ROAD NO* 5 City of Pickering Planning & Development Department IDATE JULY 23,