THE CORPORATION OF THE CITY OF BURLINGTON BY-LAW NUMBER

Transcription

1 THE CORPORATION OF THE CITY OF BURLINGTON A By-law to amend By-law 2020, as amended; for the property municipally known as Upper Middle Road File No.: /08 WHEREAS Section 34(1) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, states that Zoning By-laws may be passed by the councils of local municipalities; and WHEREAS the Council of the Corporation of the City of Burlington approved the Recommendation in Report PB-06/09 on April 14, 2009, to amend the City's existing Zoning By-law 2020, as amended, to permit a 34 unit medium density residential project; THE COUNCIL OF THE CORPORATION OF THE CITY OF BURLINGTON HEREBY ENACTS AS FOLLOWS: 1. Zoning Map Number 24W of PART 15 to By-law 2020, as amended, is hereby amended as shown on Schedule "A" attached to this By-law. 2. The lands designated as "A" on Schedule "A" attached hereto are hereby rezoned from D to RM PART 14 of By-law 2020, as amended, Exceptions to Zone Classifications, is amended by adding Exception 398 as follows: EXCEPTION NO. 398 Minimum Front Yard Setback: 3 m Yard Abutting an R1, R2 or R3 Zone: 9 m Maximum Density: 50 units per ha Landscape Buffer Abutting an R1, R2, or R3 Zone: 5 m Maximum Building Height 3 Storeys and 12.5 m Landscape Area for a Building Abutting Upper Middle Road: 2.4 m Landscape Area for parking spaces or driveways abutting Upper Middle Road: 2.5 m Minimum Setback for Driveway or Parking Lot From a Wall of a Building Containing Windows of a Habitable Room: 2 m

2 -2- Privacy Areas: 8 m 2 decks(terraces) may be provided instead of the required 20 m 2 privacy areas for the units fronting on Upper Middle Road Privacy Screens: 1.8 m high privacy screens for the units abutting the R3.2 zone may be open on the side opposite the units Except as amended herein, all other provisions of this By-law, as amended, shall apply 4 a) When no notice of appeal is filed pursuant to the provisions of the Planning Act, R.S.O. 1990, c.p.13, as amended, this By-law shall be deemed to have come into force on the day it was passed 4 b) If one or more appeals are filed pursuant to the provisions of the Planning Act, as amended, this By-law does not come into force until all appeals have been finally disposed of, and except for such parts as are repealed or amended in accordance with an order of the Ontario Municipal Board this By-law shall be deemed to have come into force on the day it was passed. ENACTED AND PASSED this 14th day of April Cam MAYOR CITY CLERK Kim Phillips

3 ...a --RAO c-4 "Teo ownimumm Humumwma.1--RAL3 RAL3 390 Norton Community Park DUNDAS S r 3C=1 2H2., 153 RM5 116 AREA 'A' to be rezoned from D to RM2-398 RM4... RM5 Adt. RING P.1.INERY RM5 301 RM5. a c,209-14; mom RM RM5 210 RM5.248 Rr 249 FLORENCE WARES PUBLIC SCHOOL Be ick Green Park IWO 7:2 otstintir ;nit IR* 019 R #11-3- R2.3- womum ffig 0,0 II * RM2 nan OlIcGLE.ARY A E I3IRG RH4.3i] P ER WOODS RD RH4 rt RH4. TansleY RM2. ;; RM3. Woodlot zpin",; z 7 2,; 253"S 01. / SCHEDULE 'A' TO BY-LAW AMENDING MAP NO. 24W PART 15, BY-LAW 2020 ASAM ENDED. PASSED THE tits' DAY OF Arts-n i t 'Dts:Ock MAYOR CITY CLERK elt(5-' z1teranetblifiifl5tofl

4 -4- EXPLANATION OF PURPOSE AND EFFECT OF BY-LAW By-law rezones lands at 4173, 4179 and 4179 Upper Middle Road, to permit a 34 unit medium density residential project. For further information regarding By-law , please contact Mike Crough of the City of Burlington Planning Department at (905) , extension 7427.

5 DOMINION OF CANADA IN THE MATTER OF By-law A By-law to amend By-law 2020, as amended (To permit the development of a 34 unit medium-density residential development Branthaven Homes File: /08 Province of Ontario Regional Municipality of Halton TO WIT: I, Jennifer Shaw, 426 Brant Street of the City of Burlington in the Regional Municipality of Halton DO SOLEMNLY DECLARE THAT 1. I am a Committee Clerk at Corporation of the City of Burlington. 2. Pursuant to Section 34 of the Planning Act, the Council of the Corporation of the City of Burlington passed By-law on the 14th day of May Pursuant to Section 34(18) of the Planning Act, I have caused written notice of the passage of By-law to be given in the manner and in the form and to the persons and agencies prescribed by the Regulations. 4. I certify that the twenty (20) day period for the filing of Notices of Appeal prescribed in Section 34(19) of the Planning Act, expired on the 7 day of May To that date, no Notices of Appeal had been filed with me. 5. In accordance with Section 34(21) of the Planning Act, By-law is deemed to have come into force on the date of its passage, being the 14 th day of April AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of "The Canada Evidence Act" DECLARED before me at the City ) of Burlington ) in the Regional Municipality ) of Halton ) 8 th, day of May ) ) ) Jennifer Shaw A Col= tier, etc. Tracey Buc s, a Commissioner, etc., Acting Deputy Clerk for The Corporation of the City of Burlington, Regional Municipality of Halton.

6 liuyoprlington... Memo To: Nancy Shea Nicol, City Solicitor Jason Schmidt-Shoukri, Chief Building Official B. Woodward, Planning/Graphics P. Carrey, Development Clerk (3 copies) A. Budz, Records Co-ordinator From: Jennifer Shaw, Committee Clerk Date: May 8, 2009 Subject: Rezoning By-law (To permit the development of a 34 unit medium-density residential development Branthaven Homes) File: /08 Attached is a copy of By-law and affidavit certifying that the by-law came into effect on the date of its passage being April 14 th, Attachments clerks\notices\affidavit c. Mark Meneray, Commissioner of Legislative and Planning Services, The Regional Municipality of Halton, 1151 Bronte Road, Oakville, ON L6M 3L1