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HomeMy WebLinkAboutBy-law 6528/05 PLANNING AND DEVELOPMENT DEPARTMENT MEMORANDUM May 19, 2005 To: Bruce J. Taylor City Clerk From: Steve Gaunt Senior Planner Subject: Draft Amending By-law for Zoning By-law Amendment Application A 09/99{R) Applicant: Nicou Inc. South Part of Lot 34, Concession 2, Part 1 Plan 40R-11934 (100 Finch Avenue: north side of Finch Avenue, opposite Woodview Avenue) City of Pickering Council, on November 17, 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 39 residential building lots, an open space block and a park block on the subject lands. The Director, Planning & Development gave Draft Approval to the draft plan of subdivision on April 30, 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 "81-14", "83-7", "01" and "OS-HL" 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 June 6, 2005. A Statutory Public Meeting was held for this application on May 16, 2002. Please note that this by-law may be given all three readings at the June 6, 2005 Council Meeting. The purpose and effect of this by-law is to amend Zoning By-law 3036, as amended, to permit the development of 39 detached dwellings on lots with minimum frontages of between 12.0 and 15.0 metres and minimum lot areas of 350 and 460 square metres on the subject lands. The lots will be located on the north side of Finch Avenue, opposite Woodview Avenue and on a new road to be constructed to the north of Finch Avenue, as shown on Schedule I to the Draft Amending By-law. Draft Amending By-law for Zoning By-law Amendment Application A 09/99(R) May 19,2005 Page 2 In addition, the by-law zones the 5.86 hectare block of environmentally sensitive wetland and Rouge Duffins Wildlife Corridor lands located to the north of the new lots for open space/conservation purposes and a 0.052 parkland block for active recreational purposes. 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. ~4~~~ Steve Gaunt, MCIP, RPP SG:jf S.g¡NIcouIB;lawMamoToClar1< Attachments o c ) I ~ ----- --------- ENeRiCG£------__ -- --~------ -:- ~ r>'P£'LINi' - - - - -_ ST L& o ~- I- ¡ I YOI'tK-OIJR/iAM SANITARY TRUNI( - LtN SUBJECT - PROPERTY rb - FINCH - I~ - - ( - ---J C~:J- g ;¡! I-- '-- - ,WEN I~ r- --, ¡....-.-. I--' "\ ~ ~ o~ ~~\\) CO ~ ~I bJ :I ~ ~ / !MI __ ..~@¡-WßI ~ ( -~ Yf~~ I IL /Þ!f ¡r;- © ~ == ~~ w~~ ::::~I =f [? -- ~= =;== ~~ ~ ~ Ønm =~ l~~¡1 ~ =I~=!~~ ~ 0~o~o ./ ~ æ I u¡P 'PINE-'õROVE ~ ~ @ ./ - -- ~ !~ytW~ j - !? __ ~ ('/1 II Ili:~IT] I~W ß i§1, t--.L ~ R L_ PINE: GRO;æ, I ~V£NUE: ~ I III / J=: IIIIII II I / U City of Pickering Planning & Development Department PRDPERTYDESCRIPTION PART OF LOT 34, CONCESSION 2; PART 1, 4OR-11934 APPUCANT NICOU INC. DATE MAR.1S,20Q2 DRAWN BY RC APPUCATlON No. SP-2002-02; A 09/99(R) SCALE 1 :7500 FOR DEPARTMENT USE ONLY PN-14 PA· CHECKED BY SG l' " :t ~ t = H ! n !\! ¿Lt . I ...J Š III t I U ... '" W Z.. a i i ¡ . . . . . . M -:::¡ B Z .. > 0 CI:c. I :;;! J_~J c(uCl~ ''', ., 0 .wg ðZ ~ , = N ~w ~Ii !d;~:Wi ..Ioæ¡: ~ , . . """' Ih 0> . IJ. 'UJ~ ~ 1.J~HH! ILl _w I ! .~::.::.. ! 0..0 I->-~¡;¡ (.) u.oØ rill \ ! i" ~ II ! o!l.~ ! '!lUll ¡ I >- o~ II. "'l.L.:::E <J: II" b li~¡i\l II W ::E >-z ~<C~0-.t ..% I !IIJ¡,. ~ I ~~iË:S II~ihu! I a: -~ Oa. il.. I J ¡oj, i a. 11.(.) a: \\ ' \ v ti') t- o -' " !! .. 3nN311 '¡I M3V\ GOOM i . z o LíJ ¡¡¡ n t:3 ü I- Z o 0 -' ü Lf') ti') I- o -' f I ¡ I . I ¡ } ......,..-...-.,--. .--...--.... THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6528/05 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering in the Region of Durham in the South Part of Lot 34, Concession 2, Part 1 of Plan 40R-11934, in the City of Pickering. (A 09/99(R), SP 2002-02) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit the development of detached dwellings on lots with minimum frontages between 12.0 and 15.0 metres, a block for public parkland and a block for open space - environmental protection uses on the subject lands, being the 80uth Part of lot 34, Concession 2, Part 1 of Plan 40R-11934, 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: 1. 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 the South Part of Lot 34, Concession 2, Part 1 of Plan 40R-11934, in the City of Pickering, designated "S1-14", "S3-7", "01" and "OS-HL" 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 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) "Dwellinq, Sinale or Sinqle Dwellinq" shall mean a single dwelling containing one dwelling unit and uses accessory thereto; (d) "DweJlinq, Detached or Detached DweJlinq" shall mean a single dwelling which is freestanding, separate, and detached from other main buildings or structures; - 2- (3) (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; (a) "Lot" shall mean an area of land fronting on a street which ~s ,used or intended to be used as the site of a building, or group of bUlldmgs, 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; (2) (b) "Lot Coverage" shall mean the percentage of 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; (4) "Private Garaae" 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; (5) (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) "Flankaoe 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; - 3 - (i) "Flankaqe Side Yard Width" shall mean the shorte~t hor~z?~tal 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; U) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) (a) Uses Permitted ("S1-14" Zone) No person shall within the lands designated "S1-14" 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 ("51- 14" Zone) No person shall within the lands designated "S1-14" 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): 460 square metres (ii ) LOT FRONTAGE (minimum): 15 metres (iii) FRONT YARD DEPTH (minimum): 4.5 metres (iv) INTERIOR SIDE YARD WIDTH (minimum): 1.2 metres (v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres (vi) REAR YARD DEPTH (minimum): 7.5 metres (vii) LOT COVERAGE (maximum): 38 percent for all buildings and structures on a lot; (viii) BUILDING HEIGHT (maximum): 9.0 metres (ix) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area residential of 100 square metres. (x) PARKING REQUIREMENTS: A minimum one private garage per lot attached to the main building; B any vehicular entrance of which shall be located a minimum of 6 metres from the front lot line, and 6 metres from any side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; and, - 4- C maximum projection of the garage front entrance from the wall containing the main entrance to the dwelling unit shall not exceed 2.5 metres in length, whether or not such garage has a second storey, except where a covered and unenclosed porch or veranda extends a minimum of 1.8 metres from the wall containing the main entrance to the dwelling unit, in which case no part of any attached private garage shall extend more than 3.0 metres beyond the wall containing the main entrance to the dwelling unit. (xi) SPECIAL REGULATION: A Notwithstanding clause 5.7(b) of By-law 3036, as amended, uncovered steps and platforms exceeding 1.0 metre in height above grade may project a maximum of 2.5 metres in depth into the required rear yard of a lot provided no part thereof exceeds 6.0 metres in width. B Notwithstanding clause 5.7(b) of By-law 3036, as amended, unenclosed covered or uncovered porches with or without cold cellars may encroach a maximum of 1.5 metres into a required front or flankage side yard. (2) (a) Uses Permitted ("S3-7" Zone) No person shall within the lands designated "S3-7" on Schedule 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 ("S3-7" Zone) No person shall within the lands designated "S3-7" 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) LOT AREA (minimum): (ii) LOT FRONTAGE (minimum): (iii) FRONT YARD DEPTH (minimum): 350 square metres 12.0 metres 4.5 metres (iv) INTERIOR SIDE YARD WIDTH (minimum): 1.2 metres on one side and 0.6 metres on the other side (v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres (vi) REAR YARD DEPTH (minimum): (vi) LOT COVERAGE (maximum): buildings and structures on a lot; 7.5 metres 38 percent for all (viii) BUILDING HEIGHT (maximum): 9.0 metres (ix) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area residential of 100 square metres. - 5 - (x) PARKING REQUIREMENTS: A minimum one private garage per lot attached to the main building; B any vehicular entrance of which shall be located a minimum of 6 metres from the front lot line, and 6 metres from any side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; and, C maximum projection of the garage front entrance from the wall containing the main entrance to the dwelling unit shall not exceed 2.5 metres in length, whether or not such garage has a second storey, except where a covered and unenclosed porch or veranda extends a minimum of 1.8 metres from the wall containing the main entrance to the dwelling unit, in which case no part of any attached private garage shall extend more than 3.0 metres beyond the wall containing the main entrance to the dwelling unit. (xi) SPECIAL REGULATION: A Notwithstanding clause 5. 7(b) of By-law 3036, as amended, uncovered steps and platforms exceeding 1.0 metre in height above grade may project a maximum of 2.5 metres in depth into the required rear yard of a lot provided no part thereof exceeds 6.0 metres in width; B The horizontal distance between buildings on adjacent lots, shall be not less than 1.8 metres; C Notwithstanding clause 5.7(b) of By-law 3036, as amended, unenclosed covered or uncovered porches with or without cold cellars may encroach a maximum of 1.5 metres into a required front or flankage side yard. (3) (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 preservation and conservation of the natural environment and resource management. (b) Zone Requirements ("OS~HL" Zone) 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 and resource management. 6. MODEL HOMES (1) Despite the provisions of Section 6.1 of By-law 3036, a maximum of four Model Homes, together with not fewer than three parking spaces per Model Home, may be constructed on the lands set out in Schedule I attached hereto prior to division of those lands by registration of a plan of subdivision. (2) For the purposes of this By-law, "Model Home" shall mean a dwelling unit used exclusively for sales display and for marketing purposes pursuant to an agreement with the City of Pickering, and not used for residential purposes. -6· 7. BY-LAW 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. 8. 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 6 t h .11JTlP 2005. day of ~ David Rya~ - ~ '(1) J3, ~ ) (f Debi A. Bentley, Clerk ~ \ \ \ \ \ \ \ \ \ " \ \ \ \ \ \ \ \ \ \ \ \ \ "" \ \............ \ \ \ \ \ \ \ \ \ \ \ j \..."" ....."" ............... "" "" "" ..... ..... ..... ..... ..- ..... l' N SCHEDULE I TO BY-LAW 6528/05 PASSED THIS 6th DAY OF June 2005 MAYOR ð -.. ~"cÎJ~cr' CLERK