HomeMy WebLinkAboutBy-law 6090/03ISSUE DATE:
May 13, 2003
DECISION/ORDER NO:
0613
HAY 1 2003
CITY OF PICKERING
PICKERINO, ONTARIO
Ontado
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
PL011133
Picketing Harbour Company Ltd. has appealed to the Ontario Municipal Board under subsection
34(11) of the Planning 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 2511 and By-law 2520, as amended of the
City of Pickering to rezone lands respecting the west side of Liverpool Road, and south of Wharf
Street within Parts of Lot 23, Range 3, B.F.C. from "O3B' - Waterfront Zone to Site-Specific
Zones to permit the development of a portion of the subject lands for residential uses in the form
of 66 nautically themed townhouses and semi-detached dwellings with the potential for future
conversion of the ground floor of certain units along Liverpool Road to commercial uses,
redevelopment of the existing marina, relocation of winter boat storage to lands east of
Liverpool Road, provision of additional public access to the water's edge of Frenchman's Bay
and the potential provision of additional public parking
O.M.B. File No. Z010162
Picketing Harbour Company Ltd. has appealed to the Ontario Municipal Board under subsection
34(11) of the Planning 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 2511 and 2520, as amended of the City of
Pickering to rezone lands respecting the east side of Liverpool Road, and south of Wharf Street
within Parts of Lot 23, Range 3, B.F.C. from "M4" - Aquaculture Facility Zone to a Site-Specific
Zone to permit the development of a portion of the subject lands for residential uses in the form
of 66 nautically themed townhouses and semi-detached dwellings with the potential for future
conversion of the ground floor of certain units along Liverpool Road to commercial uses,
redevelopment of the existing marina, relocation of winter boat storage to lands east of
Liverpool Road, provisior, of additional public access to the water's edge of Frenchman's Bay
and the potential provision of additional Public parking
O.M.B. File No. Z010163
Pickering Harbour Company Ltd. has appealed to the Ontario Municipal Board under subsection
22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect
to enact a proposed amendment to the Official Plan for the City of Picketing to redesignate land
at the west side of Liverpool Road, and south of Wharf Street within Parts of Lot 23, Range 3,
B.F.C. to revise Table 3 of the Pickering Official Plan - "Open Space System: Permissible Uses
by Subcategory" - Marina Area to broaden the list of permissible uses to permit the proposed
residential development
O.M.B. File No. 0010206
Picketing Harbour Company Ltd. has appealed to the Ontario Municipal Board under subsection
17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the City of
Pickering to approve Proposed Amendment No. 6 to the Official Plan for the City of Picketing
City File No. OPA 01-001/P
O.M.B. File No. 0020023
BEFORE:
S.W. LEE )
MEMBER )
)
)
J.A. SMOUT )
MEMBER )
Wednesday, the, 7th
day of August, 2002
THIS MATTER having come on for public meeting and the Board having withheld its
Order until this day;
AND THE BOARD having received a revised Official Plan Amendment, Zoning By-law
Amendment on consent of the municipality and the applicant and in accordance with its
Decision dated August 7, 2002;
THE BOARD ORDERS that the Official Plan Amendment is approved in the form of
Attachment '1' to this order;
AND THE BOARD ORDERS that the Zoning By-Law is approved in the form of
Attachment '2' to this order. The municipality is authorized to assign appropriate
numbers to these documents for record keeping purposes.
ACTING SECRETARY
•
./
ISSUE DATE: 1_
May 13, 2003 **.
PL011133
DECISION/ORDER NO:
0613 Ontario
Ontario Municipal Board
Commission des affaires municipales de ('Ontario
Pickering Harbour Company Ltd. has appealed to the Ontario Municipal Board under subsection
34(11) of the Planning 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 2511 and By-law 2520, as amended of the
City of Pickering to rezone lands respecting the west side of Liverpool Road. and south of Wharf
Street within Parts of Lot 23, Range 3, B.F.C. from "03B" — Waterfront Zone to Site-Specific
Zones to permit the development of a portion of the subject lands for residential uses in the form
of 66 nautically themed townhouses and semi-detached dwellings with the potential for future
conversion of the ground floor of certain units along Liverpool Road to commercial uses,
redevelopment of the existing marina, relocation of winter boat storage to lands east of
Liverpool Road, provision of additional public access to the water's edge of Frenchman's Bay
and the potential provision of additional public parking
O.M.B. File No. Z010162
Pickering Harbour Company Ltd. has appealed to the Ontario Municipal Board under subsection
34(11) of the Planning 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 2511 and 2520, as amended of the City of
Pickering to rezone lands respecting the east side of Liverpool Road, and south of Wharf Street
within Parts of Lot 23, Range 3, B.F.C. from "M4"—Aquaculture Facility Zone to a Site-Specific
Zone to permit the development of a portion of the subject lands for residential uses in the form
of 66 nautically themed townhouses and semi-detached dwellings with the potential for future
conversion of the ground floor of certain units along Liverpool Road to commercial uses,
redevelopment of the existing marina, relocation of winter boat storage to lands east of
Liverpool Road, provision of additional public access to the water's edge of Frenchman's Bay
and the potential provision of additional public parking
O.M.B. File No. Z010163
Pickering Harbour Company Ltd. has appealed to the Ontario Municipal Board under subsection
22(7) of the Planning Act, R.S.O. 1990. c. P.13, as amended, from Council's refusal or neglect
to enact a proposed amendment to the Official Plan for the City of Pickering to redesignate land
at the west side of Liverpool Road, and south of Wharf Street within Parts of Lot 23, Range 3,
B.F.C. to revise Table 3 of the Pickering Official Plan--"Open Space System: Permissible Uses
by Subcategory"— Marina Area to broaden the list of permissible uses to permit the proposed
residential development
O.M.B. File No. 0010206
Pickering Harbour Company Ltd. has appealed to the Ontario Municipal Board under subsection
17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the City of
--� Pickering to approve Proposed Amendment No. 6 to the Official Plan for the City of Pickering
City File No. CPA 01-001/P
O.M.B. File No. 0020023
RECEIVED
MAY 1 5 2003
CITY OF PICKERING
PLANNING&DEVELOPMENT
DEPARTMENT
•
.
BEFORE:
S.W. LEE ) Wednesday, the, 7th
MEMBER )
day of August, 2002
)
J.A. SMOUT )
MEMBER )
THIS MATTER having come on for public meeting and the Board having withheld its
Order until this day;
AND THE BOARD.having received a revised.Official Plan Amendment, Zoning By-law
Amendment on consent of the municipality and the applicant and in accordance with its
Decision dated August 7, 2002;
THE BOARD ORDERS that the Official Plan Amendment is approved in the form of
Attachment'1'to this order;
AND THE BOARD ORDERS that the Zoning By-Law is approved in the form of
Attachment '2' to this order. • The municipality is authorized to assign appropriate
numbers to these documents for record keeping purposes.
r .,
ACTING SECRETARY
•
L
•
AEachmen{
PROPOSED MODIFICATIONS TO AMENDMENT 6 TO THE
PICKERING OFFICIAL PLAN
reco~no i~e that the area generally situated imm Commerce Street
stretching south to the Lake Omario shoreline, on either side
Liverpool Road, exhibks a unique mix of built and
anributes that establishes the area as the 'Liverpool Road
Wateffmm Node';
(b) promote the Waterfront Node as a boating, tourism and
(c) require that future development within the Waterfront Node
capitalize upon these unique attn~, which include
Freachmaa's B~ ~ C~_~_~io, the Hydro lV~sh, Ct~y
~i~lennium Square, marine ~, and the historic V;~ of
F~org
(d) for lands wkhin the Waterfront Node, require building forms
and public space to be of high qu~dity clesiga witha Great Lal~
Nautical V;l!~ge theme as detailed in the Council-adopted
Liverpool Road Waterfront Node Development Guidelines, to
create a vibrato pedestrian environment;
(e) for lands within the '~a~e~fmnt Node, further identify, as Marina
iV/reed Use Area, those lands that,
(0 constitute the primazy mari~ precinct within the
Waterfront Node;
(i~) are local, ed as foHo~: the northern two-thirds of the
former 'Coolwater Farms' property; extending wv. st across
Liverpool Road to Frenchman's Ba~ and stretching north
m Annland Street excluding the Liverpool Road frontage;
(ih')are illustrated for reference on the Tertiary Plan comained
within the Council-adopted Liverix~ol Road Waterfrom
Node Development Guidelines;
(f) for lands identified as the ~ Mixed Use Area, ~nd despite
Table 3* of Chapter Three,
(z) restrict the variety of per~sible uses to those that
strengthen and complemem the existing working marinas
and cater to the Picl~ring comnmnity and bo~ing public,
as follows: marinas, yacht dubs, and mooring facilkies;
marina supportive uses; msmuma~; limited retail and
office uses; and those uses permissible in Open Space
S~em- Natural Areas and Recreational Areas;
(h') further identify a sub-area of land loc~d south of Wharf
Street, 31 metres from the edge of Frenchman's
wherein despite (0 above, residemial uses, up ~o
maximum density of 55 units per net hectare, are
permit'ted provided that,
· a functional marina operation can be mzimained on
· a publid~accessible space to'the ~-~er's edge of
Frenchman's Bayis provided; and
· other applicable polices of the Plan are complied with;
(g) for lands within the Waterfront Node, further identify, as the
Liverpool Road Corridor, those lands that,
(0 represent a tourism and service commercial use area to
complement the rr~rina and recreational uses;
(h) are located on the east side of Liverpool Road on the
former ~I-Idrs' lands, ~nd extending west across Liverpool
Road to a depth approxirn~ely 30 metres west of
Liverpool Road, and stretching north to Annland Street;
(ih) are illustrated for reference on the Tertiary Plan contained
within the Council-adopted Liverpool Road Waterfrom
Node Developmem Guidelines;
Proposed Modifications Amendment 6 to the Picketing Official Plan
(h) for lands identified as p~
Table 3' of. Ca~r Three,
(0 resmct the permissible uses to retailing of goods and
services, restaurants, offices, and comnmi~, cukural and
recreational uses, to serve the tourist, recreafional~ boating
and other commu~needs~
(i0 hnher permit despite 0) above, the establishment of
residential uses, up to a maxinmm demity of 55 units per
m ~ subject to conditions; accordingly, City
Co.,mx:il,..~ considering rezoning applicariom for
resment,a! developmem for lands in the Liverpool Road
Corridor, shall be satisfied that,
(A) a signifr, am public benefk is achieved through the
design and co~n of the d~ellings to allow
the ground floors facing the street to be easily
convened to acco~ a range of uses
inchating the re, ailing of golfed and services, and
offices by incorporating the Omario Building
Code comtn~on requirements applicable to
commercial uses, including:.
· roughed-in washroom facilkies that meet
bmr-free standards for the commercial
component;
· provisiom for a fire alarm s~em, if the
building is four storeys incl,,d;ng basement;
· 1 hour fire separation between residential and
commercial occupancz
· 100 psf live load floor design for commercial
use;
· provision for separate mechanical systems to
service the ground floor;,
· separate exits to the exterior for each use;
· provisiom for emergency lighting in an
enclosed exit;
· in addition, other elements to be incorporated
in the design of the ground floor of
conversion units include higher ceilin~,
kitchen and dining facilities on the second or
third floor, doors generally at grade access,
and window/door openings that would make
the b:,ad;ngs more readily adaptable w fumm
commercial uses; and
· other applicable policies of the Plan are
complied witlg
(B) despite Section 11.5 (h)(i0(A),onlyeightdv~lliags
fronting on the v0~st side of Liverpool Road,
south of Wharf Stmeg shall be required to be
conversion traits and shall be required to
incorporate the conversion features outlined
above;
0) for lands within the Waterfront Node, further identify, as the
Public Use/Parking and Bout Storage Area, those lands that,
are 'intended for public uses, parking and boat storage
greas;
(i~ are loeuted east of Liverpool Road but v0est of the Hydro
Marsh, ind,_,d;ng the C.~y-owz~ parking lot, and
extending east to the edge of the Hydro Marsh, stretching
north to include the Durlmm Region Sewage
Station, and lands behind the former 'Hiks' property; and
(ih) are illustrated for reference on the TeztiaryPlan contained
v&hln the Council-adopted Liverpool Road Waterfront
Node Developmem
for lands identified as the Public Use/Parking and Boat Storage
Area, and despite Table 3* of Chapter Threeo
(i) permit conservation, environmental protection,
restoration, education, and passive recreation uses;
(it) also pennit parking and boat storage on the somhem third
of the former 'coolwater Farms' property; and the lands
Proposed Modifications Amendment 6 to the Pickering Official Plan
theT, ___ . on with
oronto and Region Conservation Authority,
(k) prohibk boat storage within 3 metres of Liverpool Road except
for boat display and sales;
(I) require new buildings along Liverpool Road south of
~ Street to have a rain/mum building height of two storeys
and to reflect the Great Lakes Nautical Vi[l~ theme by
incorporating design details such as balconies, decks, from
porches, wider doorways, street level 'access, awnings and
window bom;
(m) through the use of the holding provisiom of the Planning Act,
require where necessary; proponents to enter into agreements
with the Gty, Region and other agencies as appropriate;
(n) with respect to the provision of parking within the Waterfront
Node, considen
permitting landowners to enter into long term agreements
with other landowners respecting the provision of required
(it) accetxmg cash-in-lieu for required ~ where
appropnate and having comidered the adequacy of
alternate parking supply, and
C~ securing lands for public parking to serve the ar~
(o) encourage opportunkies to rejuvenate the historic Vi.I!~ of
Fairport as a "lakefrom vilh~", and to this end, shall consider
site-specific rezoning applicatiom to permk in conjunction with
the residential use, activkies such as tea rooms, craft shops, art
studios, and professional offices, provided that:
the scale of the proposed use is compmt>le with
(i~ appropriate off-street parking is available either on the lot
or in nearbypublic parking areas;
Cfi0the exterior of the home retains its residential character;,
(iv)sigmge is discretelyacco~d; and
(v) any other matters identified by Council are addressed
appropriately,,
(p) when considering proposals for hay-fill, ensure the proposal does
not adversely affect the aquatic environment, is limited in scale,
improves environmental conditions of Frenchman's Bay and its
shoreline, and is supported by an environmental report
addressing the requirements of section 15 of th~q Plan and any
other requiremems .of public review agencies;
(q) through the review of development proposals and in
consultation with landowners and surrounding residents,
endeavour to provide publicly accessible spaces, adjacem to the
water's edge, where feasible and appropriate; and
(r) encourage the use and operation of the Lake Ontario Waterfront
Trail'in a manner sensitive to the interests of the neighbouring
residents, and provide local trail connections with the Waterfront
Trail in appropriate locations."
Attachment '2'
TI-IF, CORPORATION OF T~E CJTV OF PICKERIN(!
'~'Y-'~6090/03
Being a By-law to amend Restricted Area (Zoning) By-law 2511 and By-law 2520,
as amended, to implement the Official Plan of the City of Picketing District
Planning Area, Region of Durham in Part.ofLots 22 and 23, Range 3, B.F.C. in the
City ofPickering. (OPA 99-004/P(R); A 22/99(R); A 13/01)
WHEREAS the Ontario Municipal Board deems it desirable to permit the development of 66
townhouse units of which 8 will have. potential for ground floor commercial uses and
redevelopment of the existing marina on lands west of Liverpool Road, together with marina
supportive, boat storage and parking uses on lands east of Liverpool Road;
AND WHEREAS an amendment to By-law 2511 and By-law 2520, as amended, is therefore
deemed necessarjr~
NOW TI-IE~FO~ THE ONTARIO MUNICIPAL BOARD HEREBY ENACTS AS
FOLLOWS:
1. SC. tlF. DIYI.F.,R l AND II
Schedules I and H attached hereto with notations and references shown thereon is hereby.
declared to be part of this By-law.
ARF~A RF,,qTRIC. TF, D
The provisions of this By-law shall apply to those lands in Parts of Lots 22 and 23, Range 3,
B.F.C., designated "(H)MU-16", '.'(H)RM-I", "(H)O3B-I", "(H)O3B-2", and "OS-HL-5".
GF, NF, R Al, 'PROVIglON,~
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. D~FINIT[ON,~
In this By-law,
O)
"Adult Rntertalnment Parlcmr" shall mean a building or part of a building in which
is provided, in pursuance of a trade, calling, business or occupation, services.
appealing to or designed to appeal to.erotic or sexual appetites or incliniations;
"gnat .qtnmge!~ shall mean the enclosed or open storage of boats, vessels or
waterera~ on land~ .and use'of accessory'facilities related thereto, and may include a
trailer or cradle supporting a boat and boat lifting equipment.
,'Boat Repair-Major" shall include gelcoat spraying, epoxy/fibreglass hull repair,
engine repair requiring engine removal and unenclosed hull sanding.
(4) ,'Building Height" shall mean the vertical distance between the established grade,
and in the case of a flat roof, the highest point of the roof surface or parapet wall, Or
in the case of a gabled, hip or gambrel roof, the mean height level between eaves
and ridge. A penthouse, tower, cupola, steeple or other roof structure which is' used
only as an ornament upon or to house the mechanical equipment of any building
shall be disregarded in calculating the height of such building. '
'I~R_PlZ,$1Bgl8.1 200212181~33
- 2 -
(5)
(6)
(7)
~'Bn.~ine.~.~ Offiee,~ shall mean a building or part of a building' in which the
management or'direction of business, a public or private agency, a brokerage or a
labour or fraternal organization is earriM on and which 'may include a telegraph
office, a data processing'establishment, a newspaper publishing office, the premises
of a real estate or. iusuranco agent, or a radio or television broadcasting station and
related studios or theatres, but shall not include a retail store;
"ClUb'; shall mean a building or part of a building in which a not-for-profit or non-
commercial organization carries out social, cultural, welfare, athletic or recreational
programs for the benefit of the community;
"Cnrnmemial ,Rehonl'~' shall mean a school which is oberated for gain or profit and
may include the studio of a dancing teacher or music teacher, or an art school, a golf
school or any other such school operated for gain or profit,' but shall not include any
other school defined herein;
(a)
Co)
(c)
"Dwelling" shall mean a building or part of a building contain/ag one or
more dwelling .units, but does not include a mobile home or trailer;
"Dwelling t Inlt~ 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;
"Dwelling; ,qemi_Detae. hext or .qerni-l-)etaehed Dwelling" shall mean one ora
pair of single dwellings, such dwellings being attached together horizontally
.by an above-grade common wall;
(d)
"Multiple Dwelling _ l-loriT~ntnl" shall mean a building containing three or
mor6 dwelling units ~ittached horizontally, not' vertically, by .an above grade
wall or walls;
(9)
(a)
"Flnnr Area - R~qidenfial" shall mean the area of the floor surface contained
within 'the outside walls of a storey or part of a storey;,
Co)
"C~rn.q.q Flnnr Area - Re_qidentlal" 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;
(c)
_"Ground Flnnr Area" shall mean the area of that portion of a lot occupied by
a building or structure, exclusive of any porch, private garage, verandah or
sunroom, unless, such sunroom is habitable, at all seasons;
(d) "C~'n.q.q T ~.a.~ahle Flnnr Area - C. nmmere, ial" shall mean the aggregate of the floor
areas of all the storeys of a building or structure, or part thereof as the case may
be, other than rooms or space jointly used by. tenants of the building, such as
garbage storage areas, mechanical and electrical rooms, lobbies, stainvells,
elevators and service corridors.
(10)
!'Game.q Arcade" shall mean any building, room, or area in ,which facilities are
offered for the play of
(a)' three or more games of chance,
Co) three or more games of mixed chance and skill,
(c) a combination of three or more games of chance and games of mixed chance
and skill,
for the amusement of the public, which games are not contrary to the Criminal Code
of'Canada~ but does not include premises in which the amusement facilities offered
'l'OR._~lg~618~l$.l ]00212181633
- 3 -
(11)
.(12)
(12) a
(13)
(14)
(15)'
(16)
(17)
(lS)
are pool tables, billiard tables, or bowling alleys;
(a) "l at" shall mean an area of land fronting on a street Which' is used or
intended to be used as tho site of a building, or group ofb.uildings, as the ease may
be, together with any accessory buildings or structures, or a public park or open
space area, regardlesfl, of whether or not such lot constitutes the whole of a lot or
block on a registered i~lan of subdivision;
Co) ,,last Frontage" shall mean the width of a lot between, the side lot lines
measured along a line parallel t6 and 7.5 metres distant from the front lot line;
"Marina" shall mean a commercial establishment or premises 'where boats, vessels
and watercraft or boat accessories are berthed, stored, serviced, repaired or
launched. A Marina may include: parking areas, land based facilities for the storage
of boats; sale or rental of boats and boat accessories; the sale of marine fuels or
lubricants, accessory retail sales and a taxi and/or barging service; waste water
pumping facilities; washroom and shower facilities; a laundromat; launching ramp;
boat lift/boat lifting equipment; administrative offices; a lounge with or without
eating facilities; a restaurant; refreshment stands; tennis courts; picnic areas; parks;
playgrounds, beaches; locker and locker room facilities; and, a boatel.
"Marine. go. trice. ~. R~nalr ghnp", shall mean a building or part of a building
containing facilities for the repair and maintenance of boat vessels on the premises,
in which boat accessories are sold and boat '.vessel maintenance and repair
operations are performed in return for remuneration, but shall not include the retail
sale of motor fuels.
"Parking I r}t~ shall mean a lot or portion thereof, used for the temporary storage or
parking of motor vehicles and available for public use, whether free, for
compensation, or as an accommodation for clients, customers or residents, but shall
not include the repair or the storage or parking of motor vehicles for hire and gain,
display or for sales;
"Per.qnnal gerviee ghnll~ shall mean an establishment in which a personal service is
performed and which may include a barber shop, a beauty salon, a shoe repair shop,
a tailor or a dressmaking shop or a photographic studio, but shah not include an
adult entertainment parlour as defined herein or a body-mb parlour as defined in
section 224(9)(b) of the Municipal Act} R.S.O. 1990, Chapter M,45, as amended
fi'om time to time, or any successor thereto;
"Place of' Amn.qemenf' or P. nterfainmerlt': shall mean a building or part of a building
in which facilities are p.rovid~l for amusement or entertainment purposes, and
which may include a billiard or pool room, a dance hall; a music hall, or theatre, but'
shall not include a games arcade or an adult entertainment parlour as defined herein;
"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;
"Prof'e_q.qlnna! .OfHep." shall me~ a b~l~g or pm of a b~l~g h wMch m~c~,
leg~ or o~ professional s~ce is perfomed or co~mfion ~ve~ ~d wMch
may ~chde a c~c, ~e offices of ~ ~cht~t, a ch~ acco~ ~ en~r,
a la,er or a ph~ici~, but s~l not hclude a body-mb p~10~ '~ de~ ~
s~fion 224(9)~) of ~e M~cipal Act, ~8.O. 1990, chapt~ M.45, ~ mmd~
from ~e to ~e, or ~y su~sor ~ereto;
"reutanmnt . T~e A" shah me~ a b~l~g or p~ of a b~l~g where food is
. prep~ ~d offer~ or kept for fetal sale to ~e public for ~ate commpfion
- 4 -
on the premises or off the premises, or both, but shall not include an adult
entertainment parl6ur as defined herein;
shall mean a building or part of a building in which goods,, wares,
merchandise, substances, articles or things'are stored, kept and offered for retail sale
to the public.
"Ysrd" 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 aYe specifically permitted thereon;'
(c).
· "Pmat Yard" shall mean a yard .extending across the full .width of the main
building from the street to the nearest wall of the nearest maha building or
structure on the lot;
"]~mnt Yard ]')'epih" 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;
(e)
L'Rear_.Ym~ 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;
(0
"Rear Yard D?th" shall mean the shortest horizontal dimension, of a rear
yhrd 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;
".qide 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 Ride Yard" shall mean a side yard immediately adjoining a street
or abutting on a reserve on the opposite side of which is a street;
"Flunkage Side Yard Width'" shall mean the shortest horizontal dimension of
a tankage 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;
(j) "Interior Side Yard" shall mean a side yard other than a tankage'side yard;.
"Yacht (2h,h" shall mean a building or .structure or part thereof, together with
associated land-based and water lot areas, used as the meeting place for an
association of persons united by a common interest in boating. A Yacht Club may
include facilities for docking, mooring, storing, servicing, fueling, berthing,
securing, lifting and launching Of private pleasure craft. Accessory uses may
include the sate of marine fuels and lubricants and incidental boating supplies, waste
water pumping facilities, a restaurant for the boat owners, crews, and guests,
instructional schools' administrative offices, a-chbhous~, and parkifig area&
5. PROVI~TON~q
TOa._P2~,61~918.1 20021~181633
- 5 -
I I.ue.u Permitted ("MI l-! 6" Zone,)
No person shall within the/ands designated "MU.16" on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure for any
purpose except thc following:
(i) Residential Uses:
A multiple dwelling - horizontal
B semi-detached dwelling
The residential uses noted above, and uses .accessory thereto may be in the
form of common elements condominium wi'th freehold parcels of tied land
pursuant to the Condominium Act,. 1998
(ii) Commercial Uses:
A business office
B commercial school
C personal service shop
D. professional office
E restaurant type-A
F retail store
Znne Requirement.q ("Mu-16" Zone)
No person shall within the lands designated "MU-16" on Schedule Iattached
hereto, use any lot or erect, alter, or use any building except in accordance
with the following provisions:
(i) BUILDING LOCATION AND RESTRICTIoNs:
A Building Height:
minimum 7.5 metres
maximum H.0 metres
B' Front Yard Depth:
minimum 2.0 metres
C 'Unit Width
maximum 4.5 metres
minimum 5.4 metres
D
Despite clause B above, front yard balconies, verandahs and
deel~., both covered and uncovered, may project fully into
any required front or side yard;
E
Balconies, verandahs and decks, both covered and
uncovered,, may project a maximum of 2.4 metres into the
required rear yard;
(ii) PARKINGREQUIREME1Vrs
A
For each dwelling unit there shall be provided and
mai!!tained a minimum of 2 parking spaces, any of which
may not bb located within a front yard, and one of which
must be provided within an attached private garage located to
the rear of the dwelling unit, any vehicular entrance of which
- 6 -
B
C
shall be located not less than 6 metres fi'om any street or
drive aisle pioviding access to those lots and a minimum of
0.25 visitor parking spaces.
Clauses 5.21.2a) to 5.21.20 inclusive, of By-law 2511, as
mended, shall not apply to the lands designated "MU-16"
on Schedule I attached hereto:.
Despite Clauses 5.21.2g) and 5.2L2k) of By-law 251i, as
amended, all entrance and exits to parking areas and all
parking areas shall be surfaced with brick,' asphalt, or
concrete, or any combination thereof.
(iii)
SPECIAL REGULATIONS
A
A maximum of 21 multiple dwelling-horizontal and semi-
detached dwelling units are permitted on the lands designated'
zoned "MU-16" on Schedule I attached hereto;
B(i)
8 dwelling units shall provide a minimum ground floor area
of 50.square metres, with a minimum finished ceiling height
of 2.7 metres to enable their use for commercial purposes;
B(ii)
Despite Section 5.(1)(a)(ii) of this By-law, non-residential
uses permitted within the "MU-16" zone designation may be
established only within the ground floor and basement of a
dwelling unit;
B(iii)
For' the dwelling units referred to in Section 5.(1)Co)(iii)B(i)
of this By-law, a single dwelling unit.shall be established on
each lot above the ground floor.-of the dwelling, with
supplementary floor area provided within the ground floor
for those dwelling units that may be utilized for commercial
purposes.
C
Despite Section 2.46(c)(i) of By-law 2511, Liverpool Road
shall be considered as the front lot line.
· . (2) (a) l[l.qe~q Pennittezl CRM-I" Zone)
No person shall within the lands designated "RM-I" on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(i)
Residential U.ses:
A multiple dwelling - horizontal
The residential uses noted above and uses accessory thereto may be in the
form of common elements condominium with freehold parcels of fled.land
pursuant to the Condominium Act, 1998
(b) 7nne r eq,,imment.q ("RM- I " Zone)
No person shall within the lands designated "RM-I" on Schedule I attached
hereto, use any lot'or erect, alter, or use ~ny building except in accordance
TO~_D2~* 618918.1 200~121~1633
(3)
- 7 -
with the following provisions:
(i) BUILDING LOCATION AND RESTRICTIONS:
A Building Height:'
minimum 7.5 metres
maximum 11.0 metres
B
Front Yard Depth:
minimum 3.0 metres
maximum 4.5 metres
C Unit Width:
minimum 5.4 metres
(ii)
'D
Despite clause B above, front yard balconies, verandahs
and decks, both covered and uncovered, may project a
maximum of 2.4 metres into any required yard;
PARKING REQUIREMENTS:
A
B
For each dwelling unit there shall be .provided and
maintained a minimum of 2 parking spaces, any of which
may not be located within a front yard, and one of which
must be provided within an' attached private garage. Any
vehicular entrance shall be located not less than 6 metres'
from any. street or drive aisle providing access to those lots
and a minimum of.25 visitor parking spaces.
Clauses 5.21.2a) to 5.21.20 inclusive, of By-law 2511, as
mended, shall not apply to the lands designated "RM-I'
on Schedule I attached.hereto.
C
Despite Clauses 5.21.2g) and 5.21.2k) of By-law 2511, as
amended, all entrance and exits to parking areas and .all
parking areas shall be surfaced with brick, asphalt, or
concrete, or any combination thereof.
(ii.i) 'SPECIAL REGULATIONS:
A
A maximum, of 45 multiple dwelling-horizontal dwelling
units are permitted on the lands designated zoned ';RM-I"
on Schedule I hereto.
B
Despite 'the provisions of Section 5.6 of By:law 251 l,.the
requirement for frontage on a public street shall be satisfied
by .establishing frontage on a common elements
condominium street.
(a) - Llse&P_emilt~("03B-l" Zone)
No person shall within the lands designated "O3B-l" on Schedule I attached
hereto, us~ any lot or erect, alter, or use any building or Structure for anY
purpose except the following:
'(i) business office
(ii) club
(iii) marina
(iv) restaurant,type A
(v) retail store
(vi) yacht club
200212181633
- 8 -
Co)
Zone R e?irements ("03B-l" Zone)
iN0 per 0n shall lands designated "OJB. l" on Schedule I attached
hereto, use any lot or .erect, alter, or use any building except in accordance
with tho following provi~ions:
(i)
BUILDING LOCATION AND RESTRICTIONS:
A Lot Area (minimum): 0.5 hectares'
B Lot Frontage (minimum): 20 metres
C water Frontage (minimum):130 metres
D Building Height (maximum): 11.0 metres
(ii)
(iii)
PARr G m Qum m m-s:
A
A minimum of 10 visitor parking spaces shall be provided
and maintained on the lands designated "03B-l" on Schedule
I attached hereto.
B
A minimum of 0.5 parking spaces per boat slip shall be
provided from June 1 to September 30, all of which parking
spaces shall be located on the lands designated "03B-2" on
Schedule 11 attached hereto. For the purpose of this. section,
a parking space may be provided in a 'boat storage location
not otherwise occupied by a boat.
SPECIAL REGULATIONS:
A
B
C
D
Clauses 5.2i.2a) to 5.21.20 inclusive, of By-law 2511, as
mended, shall.not apply to the lands designated "03B-l" on
Schedule I attached hereto:
E
Despite. Clauses .5.21.2g) and 5.21.2k) of By-law 2511, as'
amended, all entrance and exits to parking areas .and all
parking areas shall be surfaced' with brick, asphalt, or
concrete, or any combination thereof.
For the purposes of this clause, the term "drive-through
facility" shall mean a facility in. which goods, products or
services are provided directly to the customer in vehicles.
No drive-through facility shall be permitted iff association
with any of the uses permitted on the lands.designated "03B-
I'' on Schedule I attached hereto;
No boat storage shall be permitted on the lands designated
"03B-1" on Schedule I attached hereto.
(4) (a)
1 l.qe.~ Permitted ("OqB-T' 7nne)
No'person shall within the lands designated "03B-2" .on Schedule II attached
- 9 -
hereto, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
O) Ooatstorage, . "
.(ii)business office
(iii)club
(iv) marine service and repair shop
(v) parking lot
(vi) restaurant- type A
(vii)retail store
(viii) yacht club
(ix) boat repair -.major
Zone Req,,irement
Nq person shall within the lands designated "03B-2'~ on Schedule 1I attached
hereto, use any lot or erect, alter, or use any building except in. accordance
with the following provisions:
(i)
A
B
C
D
E
BUILDING LOCATION AND RESTRICTIONS:
Building Height (max. imm)
- ' 1 LO'metres
Buildings and structures shall be located entirely within the envelope
illustrated on Schedule ll attached hereto;
Business offices, Restaurants - type A and Retail uses ~hall .be
located entirely within the hatched area illustrated on .Schedule H
attached hereto;
Major boat repairs 'shall only be permitted within the. cross-hatched
area illustrated .on Schedule II attached hereto;
The storage of boats shall be located a minimum of 3 metres from
the front lot line abutting Liverpool Road except for the display, of
new and resale boats for retail sale.
(ii)
PARIS.. O REQUIREMENTS:
.A
Within the hatched area illustrated on Schedule' H attached hereto a
minimum of 4.5 parking spaces 'per 100 square metres of gross
leasable floor 'area shall be provided and maintained,.
B
Clauses 5.21.2 a) to 5.21.2 f)' inclusive, ~f By-law 2520,
as amended, shall not apply to the lands designated "03B-2" on
Schedule II attached hereto:
C
Boat.storage areas and marina related parking required by Section 3
(b) (ii) (B) shah be gravel surfaced only;,
(iii)
SPECIAL REGULATIONS
A O)
For the purpose of this clause, the term "drive-through
facility" shall mean a facility in which goods, products or
TOR_.P~S,618918.1 200212181633
- 10 -
'(ii)
services are provided directly to the customer in vehicles;
No drive_.through facility shall be permitted in association
with any 0fthe uses peaniti, ed on the lands designated "03B-
2" on 8che. dule I attached hereto;
(5)
(a)
1T.~e.q P~.m,i.ed ("0S-I-IL-5" 7_~ne)
'No person shall within the lands designated "OS-HL-5" on Schedule'II
attached hereto, use any lot or erect, alter, or use any building or structure for
any purpose except the following:
(i)
(ii).
preserVatioh and conservation of the nattwal environment, soil and
wildlife;
resource management
CO) Zone Requirements ("0S-HI.," Zone)
(i)
(ii) '
No buildings.or s. tmctures shall be erected, nor shall the placing or
removal of fill be permi. 'tted;
Above-ground encroachment of boats on storage cradles that are
located in the (H) 03B-2 zone is permitted.
Holding Proviginn.q (!4) Holding Symbol)
(a) USES PERMITYED
While the "(H)" holding symbol is in place, no person shall, on the lands
designated:
(i)
"(H)MU-16", "(H)RM-I" and (H)03B-I", use. the lands for any purpose
other than for a marina and marina support uses;'
(ii)
"(H)O3B-2", use the lands for any purpose Other than for marina support
· uses including boat storage, temporary structures related to marina uses and
a business office in the existing structure.
Co)
REMOVAL OF THE 'H' HOLDING SYMBOL
The "(H)" Holding Symbol preceding the above zoning categories shall be removed
when the following conditions are met:
(i) MU-16
The owner has executed appropriate Site Plan and Development
Agreements, with and to the satisfaction of the City and/or Region of
Durham., for any phase of development of the lands, and such Agreements
have been registered on title to the lands, to address the following matters:
A
B
servicing agreements with the Region of Durham;
the applicant, satisfy Section 51.1 of th. e Planning Act with respect to
parkland dedication;
'I'OR..Pa~,GZ8918,1 ~0031~1B1633
(.ii)
(iii)
The owner has executed appropriate Site Plan and Development
Agr mcnts, aad to satisfaction of the City and/or Re ion of
Durham, for any phase .of development of the lands, and. such .Agreements
have been registered on title to the lands, to address the following ma~ters:
A
B
servicing agreements with the Region of Dm'ham;
the applicant satisfy Section '51.1 of the Planning Act with respect to
parkland dedication;
O3B-1
The owner has executed appropriate' Site Plan and Development
Agreements, with and to the satisfaction of the City, and such Agreements
have been registered on title to the lands, to address the following matters:
A servicing agreements with the Region of Durham;
(iv)
O3B-2
The owner has exeCuted appropriate Site Plan and Development
Agreements, with and to the' satisfaction of the City, and such Agreements
have been registered on title to the lands, to address the following matters:
A servicing agreements with the Region of Durham;
7. BY-I,AW 2_q20
By-law 2520, 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'252'0, as amended.
R¥-I;AW 2~1 l
(1)
By-law 2511, as amended, is hereby further amended only to the extent necessarj 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 2511, as
amended.
(2)
By-laws 2050/85, 3179 and '3966/71. as they affect the subject lands are hereby
repealed.
9. EFFE~ DATE
This .By-laxv shall take effect fi:om the date of issue of an Order of the Ontario Municipal
· Board.
- 12 -
ORDER MADE BY THE ONTARIO MUNICIPAL BOARD this
MAY ,2003.
,13TH
day of
200212181633
(H)RM-1
(H)MU-
16
FRENCHWAN 'S
3B-1
WATER'S EDGE
SCHEDULE ITC BY-LAW 6090/03
AS MADE BY
ONTARIO MUNICIPAL BOARD
ORDER DATE MAY
(O.M.B. FILE Z010163)
13, 2003
3,o.'
0
0
(H)O3B-2
FRENCH~ANS BAY
'" - BUILDING ENVELOPE
SCHEDULE Tr TO BY-LAW
AS MADE BY
ONTARIO MUNICIPAL BOARD
6090/03
ORDER DATE MAY 13, 2003
(O.M.B. FILE Z010i62)
EXPI,ANATORYNOTE
TI-IF, PlIRPO,~F, OF RV-I,AW
The .purpose of this By-law is to amend City of Pickering Zoning 'By-law 2511 and 2520, as
amended, pursuant to applications by Pickering Harbour Company/344430 Canada Inc. (Files A
22/99(R) and A13/01. '
F,I~'F,~.T OF TUg", R¥-I',AW
The effect of this By-law is to permit the development of a portion of.the. subject lands for
residential uses in the form of 66 nautically themed townhouses and semi-detached dwelli_ngs with
the potential for future conversion of the ground floor of a maximum of 8 dwelling .units along
Liverpool Road to commercial uses, redevelopment of the existing mar]am, rel0eation of boat
storage to lands east of Liverpool Road, provision of additional public access to the water's edge bf
Frenchman'S Bay and the potential provision of additional public parking.
LOCATION OF I,ANDS
.The lands affected by this By-law are located on the east and west sides.of Liverpool Road south of
Wharf Street within Part of Lots 22 and 23, Range 3, B.F.C.
TOR P3z~618916..1 ;200'~13181633