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HomeMy WebLinkAboutBy-law 6336/04May 12,2004 PLANNING AND DEVELOPMENT DEPARTMENT MEMORANDUM To: From: Subject: Bruce J. Taylor City Clerk Steve Gaunt Planner II Draft Amending By-law for Zoning By-law Amendment Application A 3~02 Applicant: 711053 Ontario Inc. & 562503 Ontario Limited Part of Lot 4, Concession 5, Part 2, Plan 40R-4159 (East side of Sideline 4, south of Highway 7) City of Pickering Council, on October 14, 2003, approved the above-noted application to permit residential development of the subject lands (see attached location map). Council also approved the draft plan of subdivision to permit creation of 35 country residential building lots on the subject lands. The City of Pickering Director of Planning & Development gave Draft Approval to the draft plan of subdivision on April 13, 2004. Conditions of approval for the rezoning have now been satisfied and a draft amending by-law has been prepared. The subject lands are to be zoned in "ER-2", "OS-HL-EP" and "OS-P1" zone categories 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 May 17, 2004. A Statutory Public Meeting was held for this application on April 18, 2002. Please note that this by-law may be given all three readings at the May 17, 2004 Council Meeting. The purpose and effect of this by-law is to amend Zoning By-law 3037, as amended, to permit the development of 35 lots for detached dwellings, with minimum frontages of 30 metres and minimum lot areas of 6000 square metres on the subject lands. The lots will be located on the east side of Sideline 4, south of Highway #7 and on a new road to be constructed to the east of Sideline 4, as shown on Schedule I to the Draft Amending By-law. Draft Amending By-law for Zoning By-law Amendment Application A 3/02 May 12, 2004 Page 2 In addition, the by-law zones the valleylands of the relocated Carruthers Creek for open space/conservation purposes and a tableland block for open space-passive and active recreational purposes. Although zoning of the tableland block for open space-recreational uses was not included in the conditions of approval adopted by Council on October 14, 2003, the applicant's intent to request this zoning was noted in Planning & Development Report PD 39-03. Since that time, the applicant has provided an engineering proposal demonstrating tableland grading for the open space-passive and active recreation block to TRCA. Permits to approve the valleyland and tableland proposals have not been issued by TRCA to date. Accordingly, a holding symbol is provided for Block 36 (the lands shown as (H)OS-P1 on Schedule I to the by-law) in the by-law that only permits conservation uses until such time as TRCA is satisfied with this aspect of the proposal. 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. Dir;~ctor, k._. '& Development SG:jf Sxg/Barclay/ByiawMemoToClerk Attachments THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6336/0zt Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 4, Concession 5 (Part 2, Plan 40R-4159), in the City of Pickering. (18T-88059 (R2), A 3/02) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit the development of 35 Estate Residential Lots, a recreation area and to protect and maintain various environmentally significant lands as open space on the subject lands, being Part of Lot 4, Concession 5 (Part 2, Plan 40R-4159); AND WHEREAS an amendment to By-law 3037, 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. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 4, Concession 5 (Part 2, Plan 40R-4159) in the City of Pickering, designated "ER-2", "OS-P1" and "OS-HL-EP" 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) "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; (c) "Dwelling, Single or Single Dwelling" shall mean a single dwelling containing one dwelling unit and uses accessory hereto; (d) "Dwelling, Detached or Detached Dwelling" 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 Coveraqe" shall mean the percentage of lot area covered by all buildings on the lot; (c) "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 Garaqe" 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) "Flankaqe 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; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. -3- PROVISIONS (1) (a) Uses Permitted ("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 for any purpose except the following: (i) single 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 except in accordance with the following provisions: (i) LOT AREA (minimum): 0.6 of a hectare (ii) LOT FRONTAGE (minimum): 30 metres (iii) FRONT YARD DEPTH (minimum): 15 metres (iv) SIDE YARD WIDTH (minimum): 7.5 metres (v) FLANKAGE SIDE YARD WIDTH (minimum): 7.5 metres (vi) REAR YARD DEPTH (minimum): 15 metres (vii) LOT COVERAGE (maximum): 20 percent (viii) BUILDING HEIGHT (maximum): 12 metres (ix) DWELLING UNIT REQUIREMENTS: minimum gross floor area residential of 140 square metres. (x) PARKING REQUIREMENTS: A minimum two parking spaces B a private detached 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 any side lot line and not less than 15 metres from any front lot line. (xi) ACCESSORY STRUCTURE REQUIREMENTS: all accessory structures, except a detached private garage, which is not part of the main building, shall be erected in the rear yard and shall be not less than one metre from any side or rear lot line. (c) Special Regulations ("ER-2" Zone): A Despite Subsection 5.18 (c) of By-law 3037, as amended, accessory buildings shall be permitted on lands designated "ER-2" on Schedule I attached hereto, at a height not to exceed 5.0 metres. B Despite Subsection 5.(1)(b)(iv) of this By-law, where vehicular entrances to garages face a side yard, the minimum side yard on the opposite side shall be a minimum of 3.0 metres, provided that the distance between dwelling units shall be a minimum of 15.0 metres. -4- (2) (3) (4) (a) Uses Permitted ("OS-HL-EP" Zone) No person shall within the lands designated "OS-HL-EP" on Schedule I 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 (b) Zone Requirements ("OS-HL-EP" 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. (a) Uses Permitted ("OS-P1" Zone) No person shall within the lands designated "OS-P1" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except passive and active recreational uses, which may include parks, play areas, tennis courts, an open air pavilion, and picnic areas. (b) Zone Requirements ("OS-P1" Zone) No person shall within the lands designated "OS-P1" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (i) (ii) YARD REQUIREMENTS (minimum): BUILDING GROSS FLOOR AREA (maximum): the minimum setback of any building or structure from every lot line shall be 7.5 metres. 10 square metres. (a) Uses Permitted: ("(H)" Holdinq Symbol) Despite the Provisions of Section 5.(3) of this By-law, while the "(H)" Holding Symbol is in place preceding the "OS-P1" Zone designation as outlined in Schedule I attached hereto, no person shall use any lands for any purpose other than those uses permitted in the "OS-HL-EP" Zone as set out in Section 5.(2) of this By-law. (b) Removal of the "(H)" Holdinq Symbol Prior to an amendment to remove the "(H)" Holding Symbol preceding the "OS-HL-EP" Zone, on all or part of the area so zoned, the owner shall satisfy the Director, Planning & Development, in consultation with the Toronto and Region Conservation Authority, that the works proposed for channel redesign and relocation for Carruthers Creek and its tributaries on the subject lands have been approved to the satisfaction of the Toronto and Region Conservation Authority. -5- BY-LAW 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 relevant provisions of By-law 3037, as amended. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second, and third time and finally passed this May ,2004. 17 day of David ~r ,J~'ruce Taylor, Clerk N.W. ANGLE OF LOT 4, CONCESSION 5 ER-2 OS-HL-EF PART 1 ER-2 ER-2 ER-2~ 14798 ER-2 (H)OS-P1 OS-HL-EP SCHEDULE T TO BY-LAW 6336/03 PASSED THIS 17th DAY OF May 2004 MAYOR CLERK