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HomeMy WebLinkAboutBy-law 6370/04September 9, 2004 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM To: From: Subject: Bruce Taylor City Clerk Ross Pym Principal Planner- Development Review Draft Amending By-law for Zoning By-law Amendment Application A 20/03 Brookfield Homes (Ontario) Limited Part of Lot 17, Concession 2 City of Pickering On July 26, 2004, Council approved the above-noted application to permit the development of a townhouse project containing 132 townhouse dwelling units. The draft by-law has been reviewed by the applicant, and is attached for the consideration of City Council at their meeting scheduled for September 20, 2004. A Statutory Public Meeting was held for this application on November 20, 2003. The purpose and effect of this by-law is to permit the development of a block of land for a residential project containing 132 townhouse dwelling units and to rezone a block of land for open space purposes. The By-law establishes the building setbacks from the property lines, building heights, parking requirements and other site development restrictions. The details of the development of the site will occur through the site plan review process. Development matters, such as grading, stormwater management and tree preservation and tree transplanting, as noted by the residents of the neighbourhood will be considered through the site plan review process. Opportunity will be available for the residents of the area to be involved in the site plan review process. 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, ~.n..~'~-& DeVelOpment RP:Id ~plan lfles~rookfle~d~ylaw memo Attachment Ross Pym, MCIP, RPP ~./' Principal Planner- Development Review THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6370/04 Being a By-law to amend Restricted Area Zoning By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 17, Concession 2, in the City of Pickering. (A 20/03) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of townhouse dwelling units on the subject lands being Part of Lot 17, Concession 2 in the City of Pickering; 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 Schedules I and II attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands being Part of Lot 17, Concession 2, designated "MD-H5" and "OS-HL" 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) "Multiple Dwelling-Horizontal" shall mean a building containing three or more dwelling units attached horizontally, not vertically, by an above-grade wall or walls; (2) (a) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (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; 2 (3) (4) (5) (a) (b) (c) (a) (b) (c) (d) (e) (f) (g) (h) (i) (J) "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; "Lot Covera.qe" shall mean the percentage of lot area covered by all buildings on the lot; "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; "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" 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 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; "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; "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; "Flanka.qe 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; "Interior Side Yard" shall mean a side yard other than a flankage side yard. 3 PROVISIONS (1) (a) Uses Permitted ("MD-H5"Zone) No person shall within the lands designated "MD-H5" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) multiple dwelling-horizontal; (b) Zone Requirements ("MD-H5" Zone) No person shall within the lands designated "MD-H5" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) BUILDING REQUIREMENTS: A Number of Dwelling Units (maximum): 132 B Building Height (maximum): 12.0 metres C Dwelling Unit Width (minimum): 5.5 metres D Lot Coverage (maximum): 40 percent E Dwelling Unit Requirements: (I) Maximum one dwelling unit per lot; (11) Minimum gross floor area residential of 100 square metres; F Building Location and Setbacks: No building, part of a building, structure or part of a structure shall be erected except within the limits of the building envelope illustrated on Schedule II attached hereto; (11) Despite paragraph (I) above, buildings or structures associated with permitted mechanical, recreational, security, parking, refuse storage and other ancillary residential facilities shall be permitted beyond the limits of the building envelope but no closer than 3.0 metres to the northern, eastern or western limit of the lands illustrated on Schedule II attached hereto; Despite paragraph (I) above uncovered steps, covered porches and platforms not exceeding 2.0 metres in height shall be permitted to project a maximum of 1.5 metres beyond the limits of the building envelope shown on Schedule II attached hereto; (ii) PARKING REQUIREMENTS: A Minimum Parking Spaces (per dwelling unit): 2 spaces B Minimum private garage per lot: 1 4 C Any vehicular entrance for a private garage shall be located a minimum of 5.8 metres from any lot line that abuts the street or private road that provides vehicle access to the private garage; D Where a townhouse dwelling unit provides two parking spaces within a private garage located on the same lot the requirements of paragraph C above are not required. E Visitor Parking Spaces: For all lands designated "MD-H5" on Schedule I attached hereto a minimum of 40 visitor parking spaces shall be provided; F Despite clauses 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; G Clauses 5.21.2a), 5.21.2b), 5.21.2c), 5.21.2d) 5.21.2e), 5.21.2f), and 5.21.2i) of By-law 3036, as amended, shall not apply to lands designated "MD-H5" on Schedule I attached hereto; SPECIAL REGULATIONS: A Clauses 5.18(a) and 5.22 of By-law 3036, as amended, shall not apply to lands designated "MD-H5" on Schedule I attached hereto; B Despite the provisions of Section 5.6 of By-law 3036, as amended, the requirement for the frontage on a public street shall be satisfied by establishing frontage on a common element condominium street; (2) (a) 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: (i) preservation and conservation of the natural environment, soil and wildlife; (ii) resource management; (b) Zone Requirements ("OS-HL"Zone) (i) 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 trail and walkway purposes. 5 6. 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 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 2O September ,2004. day of David Rya n(~'~-''''~ ~'f'uce Taylor, Clerk OS-HL MD-H5 SCHEDULE I TO BY-LAW 6370/04 PASSED THIS 20 DAY OF Sept~r~b er 2004 MAYOR CLERK .... BUILDING ENVELOPE SCHEDULE ]] TO BY-LAW 6370/04 PASSED THIS 20 DAY OF Sep te-rb e r 2004 MAYOR CLEJ/ FINCH AVENUE CRESCENT SUBJECT! PROPERTY: ROAD BAINBRIDGE BANBURY COURT City of Pickering DRIVE ~ I Planning & Development Department DATE SEPT. 2, 2004