Mair Mills Villages By-law 2009-061

BY-LAW Number: 
2009-061
Summary: 


BEING A BY-LAW UNDER THE PROVISIONS OF SECTION 34 AND 36 OF THE PLANNING ACT, R.S.O. 1990, AS AMENDED.

 


 

NOTICE:

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2009-061 ZBA Mair Mills Village.pdf1.66 MB

WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, permits the Council of local municipalities to pass Zoning By-laws for prohibiting the use of land or the erection of buildings or structures except for such purposes as may be set out in the By-law;
 
AND WHEREAS Section 36 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, permits the Council the use of the holding symbol “H” in conjunction with any use designation, specify the use to which lands, buildings or structures may be put at such time in the future as the holding symbol is removed by amendment to the by-law;
 
AND WHEREAS Zoning By-law No. 10-93 is the governing By-law of the former Corporation of the Township of Nottawasaga and such was finally passed by the Council of the Township on February 17th, 1993;
 
AND WHEREAS the Council of The Corporation of the Town of Collingwood has deemed it advisable to amend Zoning By-law No. 10-93, to implement the new Official Plan of the Town of Collingwood with respect to the subject land;
 
AND WHEREAS Zoning By-law No. 87-61 is the governing By-law of the Corporation of the Town of Collingwood and such was finally passed by the Council of the Town of Collingwood on October 26, 1987;
 
AND WHEREAS the Council of the Corporation of the Town of Collingwood has deemed it advisable to amend Zoning By-law No. 87-61, to implement the said Official Plan of the Town of Collingwood with respect to the subject land;
 
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF COLLINGWOOD ENACTS AS FOLLOWS:
 
1.    THAT Schedule “A” – Map 1, to Zoning By-law No. 10-93 of the former Township of Nottawasaga is hereby amended all in accordance with Schedule “A” attached hereto and by this reference forming part hereof, by removing the subject lands shown in Part of Lot 42, Concession 10, formerly in the Township of Nottawasaga now in the Town of Collingwood;
 
2.    THAT Schedule “O”, to Zoning By-law No. 87-61 of the Town of Collingwood is hereby amended all in accordance with Schedule “A” attached hereto and by this reference forming part hereof by adding the subject lands shown in Lot 44, Concession 11, formerly in the Township of Nottawasaga now in the Town of Collingwood;
 
3.    THAT Schedule “O” to Zoning By-Law No. 87-61 of the Town of Collingwood is hereby further amended all in accordance with Schedule “B” attached hereto and by this reference forming hereof by zoning the subject lands shown in Lot 44, Concession 11, formerly in the Township of Nottawasaga now in the Town of Collingwood to the Residential Second Density Holding (HR2) Zone, and the Residential Fourth Density Holding Exception Seventeen (HR4-17) Zone, and the Recreation and Conservation Exception Fourteen (RC-14) Zone, and the Environmental Protection (EP) Zone;
 
4.    THAT Section 5.2 entitled Exception Zones, Residential of Zoning By-law No. 87-61 as amended is hereby further amended by adding thereto the following new paragraphs in proper sequence to read as follows; 
 
“R4-RESIDENTIAL FOURTH DENSITY EXCEPTION SEVENTEEN – R4-17 ZONE
 
In the R4-17 Zone, permitted uses shall be limited to Townhouse Dwellings, and Accessory Buildings, Structures, or Uses.
 
            Despite the provisions of the R4 Zone; Table 3, Column 17, to the contrary for the purposes of this by-law, the following zone provisions shall apply to those lands zoned R4-17:     

 
 
 
(a)
Minimum “Lot Frontage”
7.5 metres per dwelling unit
(b)
Minimum “Exterior Side Yard”
4.5 metres
(c)
Minimum “Interior Side Yard”
             i)
             ii)
 
1.8 metres for an end unit
0.0 metres for an interior unit
(d)
(e)
Maximum “Lot Coverage”
Minimum “Landscaping
45% per dwelling unit
35% per dwelling
(f)
Maximum driveway width
50% of lot frontage or 6.5 metres, whichever is lesser
 
 
 

            A landscape planting strip, at least 0.5 metres in width, shall be required between any interior side lot line and any driveway.  
 
            Despite General Provision 4.52c) entitled Parking Space Requirements, for the purpose of the R4-17 Zone, a total of two (2) parking spaces shall be provided for each dwelling unit. A parking space within a private individual garage and tandem parking spaces may be counted to meet this parking requirement. 
 
            In the R4-17 Zone any parking shall be limited to the garage or driveway.”
 
5.    THAT Section 8.2 Exception Zones of Zoning By-law No. 87-61 as amended is hereby further amended by adding thereto the following new paragraphs in proper sequence to read as follows;
 
“RECREATION CONSERVATION EXCEPTION FOURTEEN – RC-14 ZONE
 
In the RC-14 Zone, permitted uses shall be limited to a Public Park or Playground, Conservation and a Parking Lot.
 
            Despite the provisions of the RC Zone; Table 9, Column 3, to the contrary for the purposes of this by-law, the following zone provisions shall apply to those lands zoned RC-14:    

 
 
 
(a)
Minimum “Lot Frontage”
0.0 metres
(b)
Minimum “Lot Area”
0.0 square metres

 
     6.  THAT the lands zoned R2, R4-17 shall be subject to a Holding (H) Zone in
          accordance with Section 7.2.2 of the Town of Collingwood Official Plan
          and Section 3.3 “Holding Prefix –H” of By-law 87-61 and this by-law.
 
The Holding (H) provision may be removed in part or in its entirety for the R2 Zone and development may proceed upon Council being satisfied that the following conditions have been completed; 1) the Town’s Subdivision Agreement has been signed, executed and registered on title; and, 2) confirmation of available servicing capacity and that all services have been constructed and are operational to/on the site. 
 
The Holding (H) provision may be removed in part or in its entirety for the R4-17 Zones and development may proceed upon Council being satisfied that the following conditions have been completed; 1) the Town’s Subdivision Agreement has been signed, executed and registered on title; and 2) confirmation of available servicing capacity and that all services have been constructed and are operational to/on the site.
 
Despite the above Holding provisions, a total of five (5) model homes (dwelling units) may be permitted within each of the R2 or R4-17 Zones, subject to a model homes agreement, on the subject property prior to the registration of the Subdivision Agreement. 
 
Despite the above Holding provisions, a total of one (1) sales office for the whole of the proposed Mair Mills Villages Subdivision may be permitted within either the R2 or the R4-17 Zones, subject to a sales office agreement, on the subject property prior to the registration of the Subdivision Agreement.
 
Despite General Provision 4.40 entitled Municipal Services of Zoning By-law No. 87-61 the model homes and sales office may be erected without a connection to both a municipal water supply and a municipal sanitary sewer. 
 
      7.   THAT Zoning By-law No. 87-61, is hereby further amended to give effect to the
            foregoing but Zoning By-law No. 87-61 shall in all other respects remain in
            full force and effect.
 
8.   THAT Zoning By-law No. 10-93, is hereby further amended to give effect to the
       foregoing but Zoning By-law No. 10-93 shall in all other respects remain in full 
       force and effect; 
 
9.  THAT this By-law shall come into force and effect on the date it is passed by the
      Council of the Corporation of the Town of Collingwood, subject to the notice

       hereof being circulated and in accordance with the provision of Section 34 of

       the Planning Act, as amended, and Ontario Regulation 199/96, as amended,

      and if required as a result of such circulation the obtaining of the approval
      of the Ontario Municipal Board.

ENACTED and passed this 19th day of May, 2009.
  
 
______________________________
                                                                                                         MAYOR
 
 
______________________________
                                                                                                         CLERK
 

 

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2009-061 ZBA Mair Mills Village.pdf1.66 MB