HomeMy WebLinkAboutBy-law 5148/97REPEALED BY ,,~
REPEALS .
AMENDED BY .......
AMENDS
DISPOSITION
'. .
THE CORPORATION OF THE TOWN OF IqCKERING
Being a By. law to amend Restricted drea (Zoning) By-law 3036,
os amended, to Implement the OJ~Ictal Plan of the Town of
Picketing District Planntng .4~¢a, Region of Durham in Part of
Lot 30, Concession 2, !n the Town of Pickering.
(.~ 21/94R & 18T-87063R; & d 27/96 & I,~T-87059R)
WHEREAS the Ontario Municipal Board deems it desirable to permit semi-detached units, an
existing detached dwelling, and a neighbourhood park on the subject lands, being Pan of Lot 30,
Concession 2, in the Town of Picketing;
AND WHEREAS an amendment to By-law 3036, as amended, is deemed necessary by the
Ontario Municipal Board;
NOW THEREFORE THE ONTARIO MUNICIPAL BOARD ENACTS AS FOLLOWS:
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 30, Concession 2,
Pickering, designated "S3/SD/NP" on Schedule 1 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,
"~ w 11' "
(1) (a) ~ 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) "Dwellimz 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) i.'Dxvelling, Detached or Detoghed Dwelling" shall mean a single dwelling
which is freestanding, separate and detached from other main buildings or
structures;
pair of single dwellings, such dwellings being attached together horizontally
in whole or in part above grade, below grade, or both above and below grade;
(d) "Dwelling, Single or Single Dwelline" shall mean a dwelling containing one
dwelling unit and uses accessor), thereto;
(2) (a) !,Floor' Area. Restaentia? shall meaa the area of the floor surfac~ contained
within the outside walls ora storey or part ora storey;
(b) ~Gr0ss F!oor Ar~ ~-Restdcntial" shall mean the asgregate 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 uttic or n cellar;
(3) (a) ~ shall mean an area of land fi'onting 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 pllm of subdivision;
(b) ~ 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 fi.om the front lot
line;
(4) "Neighbourhood Park" shall mean a municipal public park;
(5) ,'Parkinu Space" shall mean a usable and accessible area of not less than 2.6
metres in width and not less than 5.3 metres in length for the temporary parking of
vehicles;
(6) "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;
(7) (a) iiyard" shall mean an area of land which is appurtenant to a~d located on the
same lot as a building or structure and is open, uncovered and unoccupied
above ground except for such accessory buildings, struct~res, 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) "Front Yard Width" shall mean the shortest horizontal dimension of a front
yard of a lot between the side lot lines, or between the side lot line and the
flankage of the lot;
(e) "Rear Yard" shall mean a yard extending across the full width of a lot
Detween the rear lot line of the lot, or where there is no re~ 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) "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 !or
line, the junction point of the side lot lines, and the nearest wall of the nearest
main building or structure on the lot;
(g) "Side Yard" shall mean a yard of a lot extending from the front ./ard to the
rear yard and from the side lot line to the nearest wall of the nearest main
building or structure on the lot;
(h) ~ shall mean tl~ shortest horizontal dimension of' a side
ym'd ora lot b~tween the side lot line and the n~rcst wall oftha n~sl main
building or structure on the lot;
(i) ~J~lankaae Sid~ Y~d" shall mean a side yard immediately adjoining a street
or abutting on a r~serve on thc opposite side of which is a street;
(j) F!enkaac Side Yard Width" shall mean the shortest horizontal dimension of a
flankage side yard of a lot between the lot line adjoirfing a stre~-t or abutting
on a reserve on the opposite side of which is a street end the nearest wall of
the nearest main building or stractuze on thc lot;
(k) ~ shall meen a side yard other then a flenkage side yard.
~N~ ("S3/SD/NP" Zone)
(1) Uses Permitted ("S3/SD/NP" Zone)
No person shall within the lends designated "S3/SD/NP" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any purpose
except the following residential-oriented uses:
(a) detached dwelling
(b) semi-detached dwelling
(c) neighbourhood park
(2) Zone Reouirenlent$ ("S3/SD/NP' Zone)
No person shall within the lands designated "S3/SD/NP" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with the
following provisions:
(a) LOT AREA (minimum):
A detached dwelling 350 square metres
B semi-detached dwelling: 225 square metres
C neighbourhood park 906 square metres
(b) LOT FRONTAGE (minimum):
A detached dwelling: 12 metres
B semi-detached dwelling: 7.5 metres
C neighbourhood park: 20 metres
(c) FRONT YARD DEPTH (minimum):
A detached dwelling: 4.5 metres
B semi-detached dwelling: 4.5 metres
(d) INTERIOR SIDE YARD WIDTH (minimum):
A detached dwelling: 1.2 metres on one side
and 0.6 m¢~es on the
other side
B semi-detached dwelling:
1.2 metres except that
(i)where dwellings on abutting lots share a common wall~ no interior
side Yard shall be reqUired adjacent to' that wail on either lot;
(ii) where dwellings on abutting lots share a common wall and one of
those dwellings has an extension of that common wall that extends
along the common interior side lot line, no interior side yard shall
be required adjacent to the extension of that wall on the lot upon
which that dwelling is located;
(iii) where dwellings on abutting lots share a comm<~n wall and one of
those dwellings has an extension of that common wall that does
not extend along the common interior side lot line;
(a) a minimum 1,2-meU'e interior side yard shall be provided
adjacent to the extension of that wall on the lot upon which
that dwelling is located if an abutting interior side yard is ~ot
provided on the other lot, or
Co) a minimum 0.6-metre interior side yard shall be provided
adjacent to the extension of that wall on thc lot upon which
that dwelling is located if an abutting interior side yard is
provided on the other lot',
(e) FLANKAGE SIDE YARD WIDTH (minimum):
A .dwellings having a flankage side yard abutting
Finch Avenue, or a reserve on the opposite side
of which is Finch Avenue: 4.5 metres
B except for Lot I which shall have a minimum
flankage side yard width of: 2.7 metres
C dwellings having a flankage side yard abutting
another street: 2.7 metres
(f) REAR YARD DEPTH (minimum):
,~ detached dwelling 7.5 metres
B semi-detached dwelling: 7.5 metres
(g) LOT COVERAGE(maximum):
A detached dwelling: 38 per cent
B semi-detached dwelling: 40 per cent
(h) BUILDING HEIGHT(maximum):
A detached dwelling: 12 metres
B semi-detached dwelling: 12 metres
(i)DWELLING LrNIT REQUIREMENTS:
A detached dwelling:
(i) minimum gross floor area-residential of 100 square metres;
(ii) maximum one dwelling unit per lot;
B semi-detached dwelling~
(i) minimum gross floor area-residential of 100 square ~etres;
(ii) maximum one dwelling unit per lot;
0) PARKING REQUIREMENTS:
~' A detached dwelling: there shall be
~:: '~. provided and maintained on the lot a minimum of one private garage
per dwelling unit attached to the main building, any vehicular access
entrance of which shall be lo.ted no~ less than 6 metres from the Dont
lot line and not less than 6 metres from any si~ lot line imme~liately
adjoining a street or abutting a reserve on the ol,posite side of which is
a street;
B semi-detached dwelling: there shall be
provided and maintained on the lot a minimum of one private garage
per dwelling unit attached to the main building, nny vehicular access
entrance of which shall be located not less than 6 metres from the ~ront
lot line and not less than 6 metres from any side lot line i~'~flcdiately
adjoining a street or abutting a reserve on the opposite side of ~,l'~ch is
a street;
C no part of any attached private garage shall extend more than 2.0 metres
beyond the wall containing the main entrance to the dwelling unit,
except where a covered and unenclosed porch or verandah 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;
SPECIAL REGULATIONS:
A semi-detached dwelling:
(i) the horizontal distance between buildings on adjacent lots, except
where such buildir, gs are attached in whole or in part, shall be not
less than 1.2 metres;
(ii) despite the definition of "Dwelling, Semi-Detached or
Semi-Detached Dwelling" in Section 4(l)(d), semi-detached
dwellings erected in a "S3/SD/NP" zone shall be attached above
grade by a common wall which extends from the base of the
foundation to the roof line and for a horizontal distance of not less
than 75 per cent of the horizontal depth of the building.
B neighbourbood park:
(~) within lands provided through approval of a plan of subdivision for
the use of a neighbo~rhood park, no person shall use any lot or
erect, alter or use any building or structure for any purpose except
for a neighbourhood park and uses accessory thereto;
(ii) within lands provided through approval of a plan of subdivision for
the use of a neighbourhood park, 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 to be used for
the purposes of a neigbbourhood park.
6. By-LAW
(1) By-laws 2914/88 and 2915/88, amending Restricted Area (Zoning) By-law 3036,
as amended, are hereby repealed;
'~' (2) 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 subje ~t matters not specifically dealt
' with in this ~y-law shall be governed by relevant provisions of By-law 3036, as
amended.
r
SCHEDULE I TO BY-LAW
AS MADE BY
THE ONTA2IO MUNICIPAL BOARD
ORDER ~.~3s
DATED ~ove~e= ~.9; 199'7
! .or I
J~l~0.~. N0. ~ m~ OF PIC~RI~
On. do Municipal Board
Commission des affaims n~un~ipales de I'On~rio
C~R~S DEP~
7~858 Ontario Limited ha~ appealed to the Ontario Municipal Board under subse~ion
~(11) of the ~, R.S.O. 1990, c. P.13, as amended, from Council's refusal or
negle~ to ena~ a proposed amendment to Zoning 3y-law 30~, amended by By-law
2914/88 of the Town of Pickering to rezone lands r~pe~ing Pa~ of Lot 30, Con~ssion
2, to amend the existing zoning to implement and facil~te approval of draft plan of
subdivision
Town's File No. ~1/~
O.M.B File No. Z960141
7~858 Ontario Limit~ his referred to the Ontario Municipal Board under subsection
51(17) of the ~, R.S.O. 1990, c, P. 13, as amended, determination of ~nditions
impo~ with mspe~ to a proposed plan of subdivision on lands mspe~ing Pa~ of Lot 30,
Con~ion 2, in the Town of Picketing
Region's File No. 18T-87065(R)
O.M.B, File No, S970009
704858 Ontario Limited has appealed to the Ontario Municipal Board under subsection
~(11) of the P/ann/n~ Act, R.S.O. 1990, c, P. 13, as amended, from Council's refusal or
neglect to enact a proposed amendment to Zoning By-law 3036, as amended by By-laws
2914/88 and 2915/88 of the Town of Pickering to rezone lands respe~ing Pa~ of Lot 30,
Concession 2, to amend the existing zon;ng to implement and facilitate approval of draft
plan of subdivision
Town's File No, ~7/96
O.MB, Fi~e No, Z970073
7~858 Ontario Limited has referred to the Ontario Municipal Board under subsection
51 (17) of the P/ann/n~ Act. R.S.O. 1990, c. P. 13, as amended, determination of conditions
i~os~ with respect to a proposed plan of subdivision, ~n lands res~ing Pa~ of Lot 30,
Con~ssion 2, in the Town of Picketing
Region's File No. 18T-87059(R)
O.M.B, File No. S~70~6
COUNSEL:
Penny Wyger for Town of Pickering
Kim Beckman for 704858 Ontario Limited
MEMORANDUM OF ORAL DECISION delivered by M. A. ROSENBERG
on October 20. 1997 and ORDER OF THE BOARD
704858 Ontario Limited owns 4.4 acres of land located north of Finch Avenue and
west of Whites Road in the Town of Pickering. The lands are the westerly extension of
Amaretto Avenue. The municipal address is 578 to 598 Finch Avenue. The parcel of land
is triangular in shape. To the north of the lands is located an Ontario Hydro right-of-way.
To the east is a ii6 lot plan of subdivision of single-family detached dwellings. To the
south across Finch Avenue are located mostly single-family detached dwellings with a few
semi-detached houses and some townhouses.
The owner is proposing to build 22 semi-detached dwellings and 12 townhouses for
a total of 34 units on the site. The existing single-family detached home on the site will
also remain. The owner is proposing to mix the semi and townhousing units along the
north side of Amaretto Avenue backing onto the hydro corridor and have the balance of the
semi-detached dwellings backing onto Finch Avenue on the south side. A small park will
be located at the easterly end of the site connecting to an abutting landowners property
and the hydro right-of-way. The Board was advised that the size of the townhouses would
be about 1200 to 1400 square feet and sell for between $150,000.00 to $162,000.00
each. The semi-detached dwellings would be about 1400 to 1500 square feet in size and
would sell for around $172,000.00 to $175,000.00 each.
The own er originally started with two plans of subdivision for the site and two zoning
by-law amendments. Today, the Board is being asked to approve Exhibit 8, a proposed
Plan of Subdivision reviSed for the whole area and Exhibit 10(b), a Zoning By-law which
includes both semi-detached dwellings as well as the townhouses. The owner also wishes
approval of Exhibit 11 which are the draft conditions for the Plan of Subdivision referring
to Board Files Z970073 and S970009.
The Town of Pickering opposes the application and wants the Board to approve only
22 single-family detached dwellings for this site as set out in Exhibit 10~ and Exhibit 20
- 3 - PL968656
which are ~ proposal conditions for a Plan of Subdivision for 22 single.family detached
homes. The Council does not want esmi<la~ached or townhou~es Io~ on this site. But
the Board notes that the planning staff for the Town of Pickering support either (a) 34 semi-
detached dwellings which L~ ~et out in Exhibit 10(a) ar:d also ~e conditions Mt out in
Exhib~ 21 or alt single-family 0eteched dwellings for the site.
Th-, i~m h~fnr,~ fha R~rd in whnt i~ fha l~..~'~-t nnnr~nrint4~ fnrm nf m~L~,.ntia!
develor)ment for these lands?
Grant Morris is ~,n experienced and qualified planner. Mr. Morns gave evidence
before the Board in support of the proi;osad development for a mix of semi-detached and
townhouse residential units. He said the proposed mix of 34 units of semi-detached and
townhouses complies with the intent of the Official Plan relating to density. He said the
proposal also conforms to the Durham Regional Plan and the Picketing District High Bush
Community Plan. He said the Official Plan.
1. Encourages a housing mix.
2. Because of the location of the hydro corridor and Finch Avenue, semi-detached and
townhouses were more appropriate for this site.
3. Semi-detached and townhousas are compatil~le with single-family detached
dwellings.
4. The Official Plan designates the site "Low Density. 2" which does not restrict the
housing types to only detached dwellings.
5. Diversity and i~tensificafion housing types are encouraged.
25% of housing should be affordable. He also said that the Provincial Policy
Statement -
1. TalKs about the officiant use of land and public services.
2. Encourages a range of uses and housing types.
3. Maximizes the existing infrastructures.
He said that mo=t of the lots could accommodate two cars on site park, ed in tandem
and the proposed housing units were compatible with the surrounding housing units.
Some additional parking could take place along the cul-de-sac at the end of Amaretto
Avenue.. He said the City has architectural control of the design and appearance of the
units as set out in the conditions and the new units wotJld create no adverse impact on the
adjoining neigl~bourhood. Mr. Morris said the Regional Plan, the local Official Plan and the
Provincial Policy Statemer~t have all been maintained as well as Section 51(24) of the
Planning Act relating to a Plan of Subdivision. He said it is an appropriate development
site for intensification and at the top of the density range. The zoning is appropriate and
so is the Plan of Subdivision and the conditions attached to it which conditions have been
a[;?eed upon between the applicant and the 'i'owt*~.
On cross-examination, Mr. Morris admitted that in 1988 he said an appropriate
development for the site was 20 single-family detached residential dwelling units because
at that time lands backing onto a hydro right-of-way was a plus. I~t now ten years lat~er
in 1997 lands backing onto a hydro right-of-way are a negative factor not a plus and he
said the most appropriate development for the site are a mix of semi-detached and
townhouses. Mr. Morris also admitted he had a financial interest in the application and the
history of the development goes back at least ten years.
Miss Valerie Rodrigues is an experienced and qualif~d planner employed by the
Tm.~:n of Pickering. Miss Rodrigues gave evidence before the Board in opposition to any
townhouse development on the site. She said from a planning perspective she supported
either 22 single-familydetached dwellings on the site or 34 semi-detached dwel!ings on the
site. She filed with the Board Exhibit 10(a) which is a semi-detached By-law and Exhibit
10(c) only 22 si:~gle detached dwellings and Exhibit 21 which are the conditions attached
to the Plan of Subdivision for 34 semi-detached dwellings. Miss Rodrigues said the
abutting 118 lot subdivision to the east which is about 10 years old is all single-family
- 5 - PL968656
detached dwellings on 45 foot frontages. In addition, most of the lots south of Finch
Avenue are single-familydetached dwellings. If only 22 single-family detached dwellings
are allowed, they would have 40 foot frontages. If 34 semi-detached dwellings are allowed
they would each have 25 foot frontages. Miss Rodrigues said the proposed townhouse
frontages would be too small and out of keeping with the character of the neighbourhood.
She said 34 semi-detached dWellings are at the upper level of the density range allowed
for in the ~'%'ffi, icial Plan and the Zoning By-law but are acceptable. She said a density for
the 34 semi-detached units was 27.5 units per hectare. Miss Rodrigues main objection
to townhouses related to building form. She said townhouses are too massive a building
form and are not acceptable here. She was mainly concerned about the length of each of
the four townhouse units. A townhouse building form is not compatible with the
surrounding area, She said a semi-detached dwelling is more compatible with a detached
dwelling than a townhouse is.
The Residents Association from the abutting subdivision to the east wanted just 22
detached dwellings and the Town Council supported that position. Miss Rodrigues said
semi-detached dwellings would give an image and a sense of identity to the area but not
townhouses. She also said that there already are 30% townhouses in the area and more
are not needed in this area of the Town of Pickering. She also said the Town is providing
25% affordable housing and more townhouses in this location are not in the public interest.
Townhouses are more appropriate in a green field situation.
The triangular shape parcel of land she said is more conducive for either singles or
semi-detached units. She said semi-detached are a logical extension of single-family
detached homes to the east. She also said the Town of Pickering does not allow parking
on the street and each unit wou,d have two parking spacos, i.e. a garage and a parking
space in front of the garage. Three parking spaces in tandem would not be allowed
because there would be cars overhanging the sidewalk which would create a pedestrian
safety problem. She said the small park area located at the easterly area of the
subdivision was also appropriate. Miss Rodrigues said either the 22 detached dwellings
-6-
or 34 semi-detached dwellings comply with both Official Plans and Section 51 (24) of the
Planning Act.
The Board has carefully weighed all the evidence and generally prefers the
testimony of Miss Rodrigues with regard to the appropriateness of 34 semi-detached
residential dwelling units for the site. This site represents an infilling situation and
intensification and diversification are appropriate. Both Official Plans encourage a mix of
housing types, Density is not an issue. Both planners support a high density development
for the site whether it be all semis or a mix of semi-detached and townhouse units,
This triangular parcel of land is bounded by a hydro right-of-way on the north and
Finch Avenue on the south. The Board finds that 22 single-family detached dwellings in
this location are not appropriate as ~his would represent an under-development of the
lands, but that 34 semi-detached dwellings are more in keeping with the character of the
area and more compatible with the single-family detached dwellings to the east and south.
Townhouse development on this site would appear to represent an over-development of
the site and would create a certain amount of massing. 27.5 units per hectare are at the
upper range of the density allowed for in the Offci&l Plan but the Board finds this density
is acceptable. 34 semi-detached dwelling units will provide more affordable housing to this
area of the Town of Pickering. Traffic, parking, servicing and the park area located at the
easterly end of the site have been adequately addressed and the Board is satisfied the
intent of both Official Plans have been maintained. In addition, the Board is satisfied that
Section 51(24) of the Planning Act has been adequately addressed. The Board also finds
that a mix of single-family detached dwellings, semi-detached dwellings and townhouses
are more likely to occur in a green field situation. In this case the size, shape and location
of the property warrants a higher density of residential development taking into
consideration surrounding housing types and forms. Planning is not done in a vacuum.
Housing forms should be compatible with surrounding areas. In this case the Board finds
that semi-detached dwellings are the appropriate form of development.
- 7 - PL968656
the result:
1. The appeal is allowed in part.
2. The Board approves 34 semi-detached dwellings for the site in accordance with
Exhibit 10(a) the draft By-law which is attached as Schedule 'A' to this decision and
Exhibit 21 which is the draft Plan of Subdivision and Conditions which is attached
as Schedule 'B" to this decision.
MEMBER
· : ,:', .~ PL968656
ONTARIO MUNICIPAL BOARD ~bNDITIONS OF
· · APPROVAL OF FINAL PLAN FOR REGISTRATION DATED
~ 1997 FOR D!~ PLAN$ OF 8UBDIVI$1ON
A~, AS CONSOLIDATED UNDER 18T-8706SA.
. OMB CASE NO. PL 9~86S6
1.0 GENERAL CONDITIONS
1. I That fl~csc conditions apply to thc revised dra£1 plan bearing thc Town's recommendation
stamp, consisting of 17 lots for 34 semi-detached units with minimum lot frontages of 7.5
metres (Lots l-17), the existing detached unit on a lot with a frontage of at least :30 metres
(Lot 18), two park blocks (Block 19 and Block 20) or (Block 19 and Block 27), as the
case may be, one block (Block 20) to be added to the easterly-abutting residential lot
(being Lot 82, Plan 40M-!312), a road widening block abutting Finch Avenue (Block
21), and five 0.3-metre road reserves along the entire new Finch Avenue frontage (Blocks
22-26), saye and except .for approximately 15 metres at the extreme east of the plan
abutting the existing access for the existing unit.
2.0 PRIOR TO Tile REGISTRATION OF TIlE PLAN
To~vn of pickeri,q?
2.1 That tile Owner submit a draft 40M-Plan to be approved by the Town's Planning
Department',
2.2 That tile Owner satisfy all requirements, financial and olher, of tile Town of Pickering
which shail include, among other matters, executing a subdivis!on agreement with and to
the satislhction of the Town which shall include, but not necessarily be limited to the
follov,.ing:
Storm Drainage
2.2.1 The Owner shall provide, to the satisfaction of the Town's Director of Public
Works, a stormwater drainage and management system to service all the l,',::d~ i~,
and outside the subdivision as well as provide for any provision~ regarding
easements.
Grading Control and Soils
2.2.2 The Owner shall satisfy the Director of Public Works respecting the submission
and approval ora grading control plan;
2.2.3 The Owner shall satisfy tile Director of Public Works respecting the submission
and approval of a geotechnicai soils analysis;
2.2.4 The Owner shall make satisfactory arrangements with tile Town, at no cost to the
Town, for the provision of catchbasins and bermi~g to prevent drainage from the
Ontario I lydro lands entering into the rear yards of tile lots adjacent to the Ontario
1 lydro lands.
Road Allowances
2.2.5 Tile Owner shall construct all internal roads within the plan, to the satiffaction of
thc Director of Public Works;
2.2.6 That the road allowances i,cluded in the plan shall be dedicated as public
highway;
2.2.7 The Owner shall continue the sidewalk p~.tern established on Amaretto Avenue
located in the adjacent subdivision (Plan 40M-1312) by providing sidewelks on
both sides of Amaretto Avenue to the satisfaction of tile Director of Public Works;
2,2.8 That any deadends and/or open sides of road allowances created by tlc plan shall
be terminated by 0.3 metre reserve(s) to be conveyed to the Town of Picketing, at
no cost to the Town;
2.2.9 'Tile Owner shall construct a walkway connecting tile sidewalks on Finch Avenue
t~, the sidewalk on Amaretto Avenue through Block 24.
Construction/Installation of Town Works & Services
2.2.10 The Owner shall make the necessary arrangements for the provision of services
required by the Town, to the Town's satisfaction;
2.2. ! 1 The Owner shall make ali necessary arrangements with the appropriate authorities
respecting the pro.vision of services such as underground wiring, street lighting,
cable television, natural gas and other similar services, to the satisfaction of the
appropriate authorities;
2.2.12 The Owncr shall satisfy the Town of Picketing with respect to the installation of a
sidewalk arid upgrading of street lighting on the north side of Finch Avenue,
along the southern boundary of the plan.
Dedicationsfl'ransfers/Conveyance~
2.2.13 The Owner shall convey to the Town tile road allowances, ~:orner roundings, sight
triangles, and easements, requi,'ed by the Town, lying within the plan, at no cost
to the Town;
2.2.14 Prior to regislration of the plan the Owner shall convey to the Town, at no cost to
the Town, easements as required on lands lying outside of the plan, including but
not limited to the Ontario Hydro lands;
2.2.15 That .~uch easements as may be required for utilities, drainage and servicing
purposes shall be granted to the appropriate authority at no cost !o the Town.
Tree Prcservati0n/PlantinF
2.2.16 The Owner shall submit a tree preservation and street Iree planting program, to the
satis£action of the Town;
2.2.17 The Owner ~l~all make satisfactory arrangements will] the Town to ensure that no
trees will be removed until such time as this program has been approved by the
Town, except as authorized by the Town's Director of Parks and Facilities.
Design Planning
2.2.18 The Owner shall provide a report to the satisfaction of the Director of Planning
outlining siling and architectural design objectives for the development, and
submit site plans and architectural drawings identifying how each unit meets the
objectives of the report, prior to the issuance of any building permit for the
construction ora residential unit on the lands;
2.2.19 Tbe report oullining siting and architectural design objectives for the development
must address building envelopes, house designs and siting, as well as garage
designs, locations, massing and projection from the main dwelling.
Parkland Dedication
2.2.20 Tile Owner shall to convey to the Town, at no cost to the Town, either Blocks 19
and Block 20, or Block 19 and Block 27 for park purposesin accordance wilh the
Planning Act.
Develo_~ment Charees
2.2.21 The Owner shall satisfy the Town financially with respect to the Development
Cha:ges Act.
.Noise Attenuation
2.2.22 The Owner shall satisfy tile Town of Picketing and the Region of Durham with
respect to noise attenuation measures in accordance with the Ministry of
Environment and Energy Guidelines.
Construction Traffic
2.2.93 The Owner shall make satisfactory arrangements with the Town of Picketing and
the Region of Dur~am with respect to temporary access from Finch Avenue for
construction traffic and vehicular emergency access purposes.
Coordinated Development
2.2.24 Prior to the issuance of any building permit on any of the lots wififin this plan, tile
Owner shall,
(i) provide satisfactory evidence to the Town that lille to Block 20 has been
conveyed to the owner of the easterly-abulting lot (being Lot 82 of Plan 40M-
1312), which shall be added for residential purposes to that lot; and construct
a fence on the westerly boundary of Block 20 to the satisfaction of the Town's
Director of Public Works; or
fii) convey Block 20 lo the Town for park purposes and provide satisfactory
evidence to the Town that title to Block 27 has been conveyed to lhe owner of
tile westerly abutting lot (being Lot 12), which shall be developed for
residential purposes in conjure;lion with that !at, and in that event, construct a
fence on the westerly boundary of Bl~ck 19, to the satisfaction of the Town's
Director of Public Works.
Llntil such thne as tile conveyances of Block 27 and Block 20 occur, the Owner
agrees that these Blocks shall ~ maintained and kept in a clean and orderly
manner to the satisfaction of the ?own.
Demolition of Structures
2~2.25 The Owner shall make satisfactory arrangements with the Town regarding the
removal, demolition and/or retention of all .~tructures on the lands with the plan.
Fencing
2.2.26 The O~vner shall make satisfaclory arrangements with the Town regarding the
construction of fencing on the park blocks (either Block 19 and Block 20; or
Block 19 and Block 27 as the case may be), prior to the occupancy of Lot 12;
2.2.27 The Owner shall, at no cost to the Town, and subject to the noise attenuation
requirements, extend thc appropriate fence commencing adjacent to Plan 40M-
13 t2 and extending across the Finch Avenue frontage of the plan save and except
for lhe area required io accomw, odate the existing access of proposed Io! 18 onto
Finch Avenue, and to accommodate the walkway opening through Block 24.
3
2,2.28 The Owner agrees that prior to the initiation of' any grading or construction, to
erect a temporary fence or other suitable barrier along the rear boundary of those
lands abutting the Ontario ltydro Corridor.
2.2.29 The Owner agrees to install a permanent boundary fence to the satisfaction of
Ontario Hydro on those lands abutting the Hydro Corridor after all construction is
completed and to provide to the Town satisfactory evidence from Ontario Hydro
that the fencing ires been completed, prior to the final release of securities to the
Owner.
2.2.30 The Owner agrees not to encroach on Ontario Hydro's property or to obstruct
Ontario Hydro access lo the right-of-way.
2.2.31 Prior to the issuance of a building permit and prior to the servicing of the
subdivision, the Owner shall submit to Ontario Hydro for review and approval, a
dchailed grading .mid drainage plan showing existing and proposed grades.
Drainage in the plan must be controlled and directed away from Ontario Hydro
property.
Regional Municipality of Durham
Noise Attenuation
2.3 Prior to the final approval of the plan, the owner shall submit a report prepared by a
qualified noise consultant in order to determine whether a noise problem exists at the site,
and, should a noise problem be identified, recommend appropriate noise control
measures. These measures must be to tile satisfaction of the Town and the Region of
Durham, and meet the Ministry of the Environment's recommended sound level limits for
proposed residential land uses.
2.4 The Ow,~er shall satisfy tile Region of Durham with regard to the implementation of the
specific noise control measures, if any, recommended by the noise report as required by
Condition 2.3.
Servicing
.- 2.5 That the Owner shall provide for the extension of such sanitary sewer and water supply
facilities which are beyond, as well as within the limits of the plan, which are required to
service the plan. In addition, the owner shall provide for the extension of sanitary sewer
and water supply facilities within the limits of the plan which are required to service other
developments external to tiffs subdivision. Such sanitary sewer and water supply
facilities are to be designed and construcled as per the standards and requirements of the
Region of Durham; all arrangements, financial and otherwise, for said extensions are to
be to the satisfaction of lhe Region of Durham and are to be completed prior to final
approval.
2.6 That prior to entering into a subdivision agreement, the Region of Durham shall be
satisfied that adequate water pollution control plant and water supply plant capacity are
available to the proposed subdivision.
Road Allowances
2.7 Thai the road allowances included in tiffs draft plan shall be named to the satisfaction of
Ihe Region of Durham and the Town of Picketing.
2.8 That Block 21 simll be conveyed to Ihe Regional Municipality of Durham for the purpose
of widening Finch Avenue.
2:9 That 0.3 melre reserve(s) shown as Blocks 22, 23, 25 and 26, shall be conveyed to the
:i ! Region of Durham.
4
Subd!vision A~reem=nt
2.10 That prior to final approval ofthe p,an, the Owner shall satisfy all requirements, fi~ncial
and otherwise,.of tile Region of Durham. This shall include, among other matters,
execution of a subdivision ~g~ement between the owner and the Region of Durh~
,concerning the provision and installation of sanita~ sewer, water supply, roads and other
regional services.
2.11 The uses shown on the approved draft plan shall be zoned in an appropriate ~ning by-
law in effect in accordance with the Planning Act.
Prior to final approval, the Ontario Municipal Board shall be advised in writing by:
(a) the Town of Picketing, how conditions 2.1 and 2.2 inclusive, have been satisfied; and
(b) Ontario 1 lydro, how conditions 2.2.28, 2.2.29, 2.2.30 and 2.2.31 have been satisfied; and
(c) tile Regional Municipality of Durham, how conditions 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9 and
2.10, have been satisfied.
NOTES TO DRAFT AI'PROVAL
I. As Owner of the proposed subdivision, it is itl your interest as well as your responsibility
to satisfy all conditions of approval itl an expeditious manner.
All plans of subdivisio,~ must be registered in the Land Titles System within the Durham
Region.
3. Where agencies requirements are contained in the subdivision agreement, a copy of the
agreement shall be sent by the owner to these agencies in order to facilitate their
clearance of final approval. These agencies are:
(a) Mr. D. Ma,'kovic, Ontario Hydro, 700 University Avenue, Toronto, Ontario.
MSG IX6, 905-948-6020.
L939703tmischo~ nconadoc
6
PLAN A
LAND USE LEGEND
LO~ 1-17 SEMI-O~ACHED UNITS (54) 1.060
LOT 18 [X~TING O~HEO UNIT (I) 0.201
BL~K 20 FU~RE D~LOPMEN~ O.Ot2 ~
~OCK 19 PARK~0 0.079
BL~K 21 ~ WIOEN~O 0.059
~S 22 - 26 0.Sm R~ ~SE~S 0.~5
R~ ~L~ANCE (20m - ~0 A~.) 0.~8~
TOT~ AR~ 1.812
I
N74~'[ 4.57 '~--~ FINCH AVENUE