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HomeMy WebLinkAboutBy-law 6188/03PLANNING AND DEVELOPMENT DEPARTMENT MEMORANDUM October 1,2003 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 2 Lands) Marion Hill Development Corp. Part of 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 On June 17, 2002, Council approved the above-noted application to permit residential development of the subject lands (see attached location map). This application was approved by City Council with the zoning by-law to be forwarded in two phases. The reasons for the phased approach were to allow time for the City to reach decisions on the enclosure of the Amberlea Creek corridor that crosses the Phase 2 lands or its retention in an open state, and to consider whether it wishes to declare surplus, and sell its lands within the Phase 2 area. The Phase 1 zoning by-law (By-law 6010/02) was passed by Council on July 29, 2002, and permitted the development of the western three-quarters of the subject lands for 67 townhouses and stacked townhouses. Subsequently, the Committee of Adjustment varied the by-law to eliminate the requirement for stacked units adjacent to Whites Road, reduce the minimum height requirement along Whites Road from 4 functional storeys to 3 functional storeys, and to reduce a yard requirement. It is anticipated that City Council will adopt recommendations affecting the enclosure of Amberlea Creek at its meeting scheduled for October 7, 2003. The effect of the recommendations is the retention of the Amberlea Creek corridor as an open channel. It is also anticipated that Council will consider a confidential report at its meeting scheduled for October 14, 2003, respecting a declaration that its lands within Phase 2 are surplus, and for sale. Zoning By-law Amendment Application A 04/01 Marion Hill Development Corp. October 1, 2003 Page 2 Marion Hill Corporation and Intracorp Holdings Limited are now ready to proceed with their development and have expressed an interest in acquiring the City's parcel. A site plan has been submitted that illustrates a coordinated development of the Phase 1 and Phase 2 lands (see attached site plan). The plan includes a comprehensive development with a total of 79 townhouse units, a tot lot and a publicly accessible walkway linking Sheppard Avenue to Delta Boulevard. This plan must still be reviewed by the City through the Site Plan Approval process. Maintenance of the creek corridor as an open channel will buffer the existing residential uses to the east on Sheppard Avenue. The applicant has also requested that the zoning by-law for the Phase 2 lands be brought forward for consideration by Council. The draft by-law has been circulated and approved by the applicant, and is attached for the consideration of City Council at its meeting scheduled for October 14, 2003. A Statutory Public Meeting was held for this application on May 17, 2001. Please note that this by-law may be given all three readings at the October 14, 2003 Council Meeting. The purpose and effect of this by-law is to amend Zoning By-law 3036, as amended, to permit a coordinated development on the Phase 1 and Phase 2 lands as follows: · open-space land uses on the eastern one-fifth of the subject lands (the stream corridor lands); · townhouse dwellings on the western four-fifths of the subject lands at a maximum density of 55 units per net hectare; and, · incorporating the earlier Committee of Adjustment decision. 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. Di~'ecto~ng & Development SG:jf SG/DobbirYMemoToClerkFon~arding PhasellZoningBylaw Attachments ~,~~teve Gaunt, Planner II LANE STROUDS HEDGEROW ,',,, __ FLAVELLE COURT TRAil C.N.R. WEYBURN ~UARE I I aVENUE EDOEWOOD COURT SHADYBROOK JACQUELINE C.N.R, WELRUS STREET ROAD SHEPPARD RaiNY DAY STEEPLE HILL AVENUE SHEPPARD AVENUE I DUNFAIR ST. ( 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 OWNER MARION HILLS DEVELOPMENT INC. DRAWN BY Re APPLICATION No. A 4/01; CPA 01-002/P FOR DEPARTMENT USE ONLY PN-6 PA- DATE MAY 11, 2001 SCALE 1:7500 CHECKED BY SG INFORMATION COMPILED FROM APPLICANT'S REVISED CONCEPTUAL SITE PLAN A 04/01 SHEPPARD AVENUE EAST , 1--r ..... ,'----'---r--'? ..... r , , i ....... ~-"'-"-F 1 ....... ,F3 ....... T T-'-'-'q~, ......... 2 ~ U L PHASE 1 ,, r ?HIS /~fAP ~/AS PRODUCED BY 7HE G/FY OF PIDKER/NG PLANNING & DEVEZOP~fEN? DEPAR?~EN~. INFOR~A?/ON & SUPPORT SERVICES, OCT. 1, 200,~. THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 6188/03 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 of Lot 28, Range 3, B.F.C. (Part 1, Plan 40R-14431, Part 1, Plan 40R-2767), in the City of Pickering. (A 04/01) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit the development of a range of dwelling types and open space uses on the subject lands, being Part of Lot 28, Range 3, B.F.C. (Part 1, Plan 40R-14431, Part 1, Plan 40R-2767) in the City of Pickering: AND WHEREAS an amendment to By-law 6010/02, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CiTY OF PICKERING ENACTS AS FOLLOWS: 2.2 2.3 2.4 SCHEDULE AMENDMENT Schedules I and II to By-law 6010/02, are hereby repealed and replaced with Schedules I and II attached hereto. TEXT AMENDMENT Section 4.(1)(b) of By-law 6010/02, is hereby amended by deleting the words "only on the lands cross-hatched on Schedule I attached hereto"; Section 4.(2)(b)A of By-law 6010/02, is hereby repealed and replaced by the following subclause: 4.(2)(b)A Within the cross hatched area shown on Schedule I, the minimum building height shall be 3 functional storeys and the maximum building height shall be 18 metres and 4 storeys; Section 4.(2)(c) of By-law 6010/02, is hereby repealed and replaced by the following subclause: Dwelling Unit Requirements: A maximum of 55 units per net hectare shall be permitted on the lands designated "RMM-4 "on Schedule I attached hereto; By-law 6010/02 is hereby amended by adding the following Section 5. PROVISIONS (1) Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) preservation and conservation environment, soil and wildlife; of the natural (b) resource management; 2 2.5 (c) pedestrian trails and walkways; (2) Zone Requirements ("OS-HL" Zone) (a) No buildings or structures shall be permitted to be erected, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control, resource management, or pedestrian trail and walkway purposes. (b) Despite Clause (a) above, tot lots, visitor parking spaces and associated traffic aisles are permitted within the diagonally hatched area as illustrated on Schedule I attached hereto. By-law 6010/02 is hereby amended by renumbering Sections 9 and 10 to read 6 and 7 respectively. 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 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 14 day of Ocm bet ,2003. lVhur ice Breme r, I /Bruce Taylor, Clerk RMM-4 ~-HL SCHEDULE T AMENDED BY BY-LAW PASSED THIS 14th DAY OF October 2003 TO BY-LAW 601 0/02 6188/03 MAYOi~ CLERK 3.Om )R-2767 3.Om t-.5m RMM-4 PART 1, 40R-14431 3.5m BUILDING ENVELOPE BUILD-TO-ZONE 6.Om SCHEDULE Tr TO BY-LAW 601 0/02 AMENDED By BY-LAW 6'188103 PASSED THIS 14th DAY OF October 2003 CLERK