HomeMy WebLinkAboutBy-law 4582/95 1~20388
093011:)
Onlorio
Ontario Municipal Board
Commission des affaires municipales de rOntario
$Cltg{:)ULE =A" TO TH~ OR~£R OF TIlE ONTARJO M~ICIPA~ 0~ARI~. MADI~ ON
' TIlE CO.OPTION
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imp{cmcn~ ~h~ O~,ciit Pl.,of ~hs T~ of-P,icki~flS Dil~ct.riannle{ A~C8,
dtsilnllio~ is IROmpMitd by ~y brlckcltd lym~l. '
NO buiJdifll, I~d or p~'~het~o[,~hall htruflcf ~ u~cd. ~upitd. erotical, moved nr
stmclurelly letted except
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(3) (a) "]:loor Area-Re,~denlizI" sh~ll mean me ~: or the floor s~fice contained
w~hm ~ ou~ide wills o~l S~O~y or ~ ora slo~y;
(b) ~Grusd Flor A~z. Re~id~mill" ~ll m~ (he iijrellle of the floor ~
storeys ofi bu~ldini.or z~ctu~, or p~ [he~f u ~e ~ rely ~, other Ihln
pGvutc gl~ge,,u IIIiC or I cell~
(4} "~" shlJl ~e~'~ ~nclo~ 'or ~ii~Jy eflclos~ st~ctu~ ~or the SlO~Se
lb~ profit or
(5) (u) '~" shall m~ ~ ~ of l~d whJ~ il lpp~e~t lO ~d I~led on Ihe
~am~ lot u I buJldinS or at~Ct~ ~d Jl O~ ~ve~ ~d ~cupied
around excepl for such ~U buiidJnBI, s~c~, or o~er u~
(b) "Frun~ Y~rd" shill m~ I y~d exlendin8 icrosl ~e ~[I ~dth o~ i [o~ ~en
Ihe I?onl lo( line of ~e lo( ~d ~g n~gst will of~e ne~ main buJidin8 or
'~' sha~i m~ ~e shomes~ hoHzon~ dimension ora from yard
of, lot ~ween ~he ~ont Io( line ~d Ihe ne~es~ wall of ~e n~es~ main
buildin~ or st~cture on the lot;
(d) "Rent Yard" shah me~ e 7~d extendin8 across ~e ~ll wid~ oF a Jot ~t~en
(ITc r¢~ lot iJne o~ ~e lot, or where ~ere is no r~ lot line, ~e j~ction ~Jnt
thc ~ide lot Hnes, ~d ~e n~est wail o~ the n~est main buiidin6 or st~ctu~
on Iht Jot;
(~) "~' shall me~ ~e sho~est ho~n~ dime~ion o~ a ~ y~d
o[ a lot ~tw~n thc r~ lot line, or where ~ere is no ~ lot line the ]~ction
~mt of ~e side [ot lines, ~d ~e newest wall o~ ~e newest main buildin
U) "~: sh~[ me~ a y~d.qf%Jot..exTcndJ~8 ~om ~e ~ont y~d to
7~d ~d ~om ~e side ]or line to ~e n~est w~l o~the newest main buiidTn8 or
"Sid~ Y~d Width" shah me~ ~e sho~est hoH~nt&l dimension o~ e side y~d
u~ u lot ~tween the side to~ line ~d the newest wall o~ the nearest main
buddinG Or st~cture on the lot;
(I) [l~s I)ermilled ("SI' Zone) . .
No ~rson shall whhin the I~ds d~isneted "SI" on Schedule I Bltlched hereto, use
o.y lul or erect, alter or ~e uy buildZn8 or stmct~e ~or uy pu~se except the
fullowins: ..... ..
(a) dct~ohed dwell[nB
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(2) 2'nne eeeu~r~,~,m, ('$1~ Zone)
No pem)n shall within the 1~ d~lii~t~ 'SI' on ~chedule I Rllaclwcl herclo, u~
any ~ ot e~ ~ or u~ ~y buil~inI or ~ctu~ For any pu~ exce~ in
acco~e.~ ~e [olZowinl ~sio~:
(a) LOT AREA (minimum): .450 ~tm~ met~q.
(b) LOT FRO~AGE (minimum): ~.0 met~q.
(c) FRO~ YA~ DE~ (mi~mum): 4.~ me~.
(d) 81DEYA~ ~D~(minimum): 1.2 met~ on one ~kle a~ 0.6
me~ on ~e o~er side.
(e) ~R YA~ DEPTH (minimum}: 7.5 me~.
(0 PA~G (minim~): ~e~ sh~ll ~ provided ~n each lot
'" one ~te l~ale that is altached ~o
· e de~ch~ d~Uing, and.having a
v~icul~ encee which shall
· .. I~t~ not leg than 6.0 metres ~mm
~ '" ~e Emnt lot line.
(~) ~UILD~G HEIGHT (m~imum):' ' 12.0 mee,.
(h) LOT COVE~GE (m~imum): 31 ~en~.
(i) D~LL~GS (m~imum): no ~ than one detached dweU'in~
~n~ · minim,m Bro~ ~r
t~JdentieJ of 1~ ~uare me~te~
0) SPECIAL ~GULA~ON: no ~ of ~y attached ilrlie
'~ extend more than 3.0 metres ~yond
the fmni..wall of ~he dwellin~
which it is cinched.
(3) ~("MD-HI" Zone)
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No ~rson shall ~thin the lands dui~ited '~O-lt~.~ 9n Schedule I a~[ached hereto.
use ~ny 1o[ or e~cL ~lter or use any buildin~ or st~clu~ for Iny pu~ except
,,
rollowinB:
(a) multiple dwellin~
(4) Zo~ R~uiremenU ('MD-Ill' ~ne)
No ~n s~il ~Jn ~e ands duii~aled ~MD-HI' on S~hcd~dc I auached hereto
use ~y Io~ or e~c~ aller or u~e any buJldJn~ ot ,~ctute exc~pl in accordance wilh
the followini pro~s~o~: o.~ ' ' ·
(~) DWELL~G ~QUIRE~S: '
No 1~ ~ 72 ~ no mom t~n ~03 dwellinl uni~ sh~ll ~ ~rmiu~d wilhin
the ~ dui~nated "MD-HI" a~.~chedule I attached hereto.
Rg~ )38~
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(b) BUILDING P. ESTI;JC'TIONS:
A. Buildin~ [x~cltion and Setbac~
(i) A minimum of 60% ol' dm leng~ of ~ buiid-to-~ne illuslm~ed
on Schedule I ittl~ h~lo s~ll ~nmin a buildinI or ~ ora
b~iidinB o~ buildings conm[~[ni dweltin~
(ii) A minim~ o[ 50% oE I~ ]~Bffi o[ ~e build-to-line ill~[m[ed on
Schedule ] altached hereto ~all ~ve I~[~ on il, a buildinl or
.. minimum o~ 0. S metre ~om [he pm~y line wilh Sou~view
Drive;
([v) Buildings ~d stmct~ not l~l~ alon8 ~ Kingston Ro~
Sou~view Drive ~oma~as sh~l ~mpiy wi~ the minimum
~[b~c~ i]]us~ed on Sch~ule I ~ched hereto;
Not~i~din8 cla~ (iv) a~ve, when ~e end-wall of a multiple
dwelling buildJn~ is ~llel lo ~e pro.fly line wilh the I~dl
~om Notion Road, ~e multiple dwellini buildin8 shall ~ set hack
a minimum or3.0 me~ ~om ~e pm~ line;
(vi) Notwi~t~din8 c]n~ (iv) n~ve, wh~ ~e end-wall o~ a mulliple
dwel]in~ build[n8 is pmilel to ~e pro~ line ~h the [~ds thll
~ont Southview Drive, ~e multiple dwelling building/~11
hack I minimum orS.0 me~ ~m ~e pro.fly line;
"~lel" iEi[ d~ not exceed a 15 degree ~gle of divergence. In
· is clau~, the ~gie of diverlence me~s the acu~e ~gle ~o~ed
by ~d )yJnR ~[ween ~e wall or iu projection ~d ~he pro~7
line;
(viii) ~e hor~n~] d[st~ca ~tween muhipte dweJlin~ buildings
~ a minim~ of 1.8 metr~;
(ix) Section f22 of By-law 3036, ~ ~end~d, shall not apply
4esis~t~ "MD-HI" o~ Schedule [ ~che~ ~e~cto.
(i) ~inimum: 12.0 me[~s ~d 3 - storeys of h~bi~able sp~ce ~or
buJldinBI located within the Build-to-Zone or alonB
~e Build-lo-Line il]~trated on Schedule I allached
~te[o. Bui[d[nis Iocst~ elsewhe~ on ~1~ [~nds
desiB~l~ "MD-HI" shill have a minimum he[gh~
o~ 9.0 me~.
.. herclo. Buildin~ I~ated elsewhere on Ihe
desiB~ted "MD-HI" sh~l hive a m~imum hei~h[
'(iii) For the purpose of this subsectinn, buildinI height shall mean the
vertical distanc~e between the e,tablished izlde and the hijhc.sl
paint el. the mol' retrace or perepet. A penthouM (nwer.
steeple or other reef structu~ which ii zaed only se an ornament
upon or to hmae med~anieal equipment or any buildinG .~hall he
disrepded in calculatinI buildini heilhL
(c) PARKINO R.EQUIR~ME3qT$:; ·
r~. A. For the pm'pole o1' this sublectlon "parkinI q~ce' thell mc~n a it~ahle -,nd
m:ceseible ~ os' not Im then 2.6 metre~ in w~dth ~nd not lose than
5.3 maizes in lansth l.ot the tempam-y ixu. kinI os. vehicles, but Ih.ell not
include any portion ora perkinG aisle or
LL't~ J~. NolwithstandinG clauses 6.$ b) and 6.$ ¢) o[ By-law 30.16. e.~ amended, for
:l development that provides ms dent park nI be ow irnde them .~hall be
provided and main a~ned on the lands, a minimum os. 1.2 perk nI spaces
per dwelling, and 0.3 Mzking sp&ce pea' dwelling I'or visitor1;
C. Notwithstanding clauses 6.5 b) and 6.5 ¢) of By-law 3036, as amended, For
development that provides resident parking in a private im'~Ge, there shall
be provided and maintain~ on the lande one private prose attached to the
dwellin$, one perkJnI space Io¢~led .between the vehicular entrance of the
p6'qte Gm'tGe ~nd the ne,'est tretllc aisle, m~d a minimum of' 0.3 visitor
p~rkJnG specu for each dwellinG unit;
· D. ClauseJ $.21.2a), $.21.2b), $.21.2c}, 5.21.2a'), 5.21.2e), and .~.21.2i)
By-law 3036, es amended, shall not apply, to lands designated "MD-I-II"
on Schedule I attached hereto;
E. Notwithsta. ndinB clauses 5.21.2~) and 5.21.2k) o1' By-law 3036, as
amended, ~Jl enl~'~.qce$ and exit~ to pm'king ate. es and all parkinB areas
shall be sm'faced with brick, asphalt or concrete, or any combination
(5) Holdlne Pr~vlsions ("(~.f}" Symbol)
Prior to in amendment to remove the "(1'{)", - HoldinB symbol precedin~ Ihe znne
category "MD-Hi", the foilow~n~ condition must be met:
(a) A site plan agreement under Section 4! os. the Plam~in~ Act, R.$.O. 1990
c.p. 13, or any successor thereto, shall be enlered into between the T~w~ nC
Picketing and the ow'net of' the lends to which the "{11)" - I loldinG ~ymbol
applies, and reBistered on title to the lande, to provide I'or the devclopmcm
therenE for the purpose or' multiple dwellinB residenli::l uses in accordance
with the provieions of this by-lay,", and
(b) The Town os' Pidcezin~ be leli.~fied that development sh~ll o~cur in
accordance w~th the Gu!delines ofth~ Deve!opment Plan for the Town Cenlr~
Community - Brock East NeiGhboorhood in effect at the time o1' develbpmant
ol'~e lands to which the. "(FY)". - HoldinG... Symr. bol. . applies.
This By-law shall take effect I'rom the date of' t~e order of the Ontario Municipal Board
amendinG Restricted ~ (Zoning) By-law 3036 in accordance with this O)'-Iaw.
O.M.B. File. z: R920311
.,(H)MD-H1 I~'
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ORDER DATED. '
(O~.B, FILES: R9~0388, 0~30113)
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om~l'~'~'~I ~o~o,~"~ ~K'soe,r ~' ~._~ FEB2 21995
oa~ ,~,~ ri, TI ~ R 920388
FEB ~ 0 1995 TOWN OF PICKERIN~ 930112
~~ F~0~ ' Ontario Municipal Board
Commission des affaires municipales de rOntaHo
D.D. ~lliams and other residents have appeal~
to the Ontario Municipal Board under aubs~on
~(19) of the Planninq A~, R.S.O. 1990, c.P. 13,
against Zoning By-law 401~92 and 4013/92 of the
Town of Pickering
OMB File No. R 920388
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At the request of D.D. ~lliams and other
residents, the Minister of Municipal Affaim has
referred to the Ontario Municipal Board under
subse~ion 17(11) of the Plannino A~. R.S.O.
1990, c.P. 13, Proposed Amendment No. 66 to the
Town of Pickering Distri~ Plan
Minister's File No. 18-OP-0023-066
OMB File No. O 930112
COUNSEL:
G.M.T. Sheffield for The Corporation of the Town of Pickering
N. J. Pepino for Zurich Indemnity Company of Canada
successor to 777934 Ontario Inc
MEMORANDUM OF ORAL DECISION delivered by R. B. EISEN on February 1,
1995 AND ORDER OF THE BOARD
777934 Ontario Inc. had applied for an official plan amendment and amendments
to the Town of Pickering's By-law to permit high density development and associated
convenient commercial uses on a parcel of land approximately 1.5 hectares located on
the south side of Kingston Road east of Southview Drive. The purpose of the official
plan amendment was to redesignate the larger and northern part of the land from
Medium Density Residential to High Density Residential. The southern portion of the
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lands was to remain Medium Residential Density. Two by-laws were needed to address
the different parts of the lands - each setting out the range of units to be built, the
building envelopes and heights.
In 1994 Zurich Indemnity Company of Canada (Zudch) took over the lands under
its mortage and is proceeding with the application so as to be in a position to sell the
lands under power of sale.
The local residents of Southview Drive have been in constant opposition to the
high density development and discussions between them and the Town, including
meetings on September 13, 1994 and November 23, 1994, have resulted in a revised
project.
The revised application does not require an official plan amendment thus leaving
the lands in the original Medium Density designation and only one zoning by-law is
required.
Mr. Chris Wong, the Town's senior planner, presented planning evidence. The
lands to the east of the subject have light industrial uses. To the south and west are
detached residential homes. To the south are newer detached residential homes.
Southview Drive to the west and south contains the older and larger detached homes
whose owners object to the high density residential use.
The subject lands are within the Living Area designation of the Region of
Durham's Official Plan which calls for the widest housing types in sizes. The Picketing
District Plan Part I allows Council to use the symbol "H" where details of development
have yet to be determined and Mr. Wong is of the opinion that the lands should be
subject to the holding symbol and, for reasons set out herein, the Board agrees.
These lands are also within the Town Centre Community of the Pickering District
Plan. The lands are also within the Flood Damage Centre and consultation with
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Metropolitan Toronto and Region Conservation Authority may result in detailed
engineering studies.'
The Director of Planning, in a report to Council, has recommended medium
density development. Three conceptual site plans incorporating medium density
development were presented to the Southview Drive residents and were accepted by
them. The medium density achieves the design objectives of the Town and in the
opinion of Mr. Wong, represents good planning. There was a further recommendation
that a meeting be held with area residents during the review of a formal site application
to provide an opportunity for their continued input into the development of the subject
lands. Mr. Sheffield has given an undertaking to notify the area residents, in writing, 'of
the date and place of such a meeting or meetings as may be required.
Council passed a resolution endorsing the district planner's recommendation and
also required that the holding symbol be used. The resolution allows the lower unit
count to be raised from 65 to 72 for solidification that improves design objectives.
Mr. Bill Collins owns a house on the east side of Eastview Drive which was
included in the numbered company's application for an official plan amendment. The
property has been dropped in the development application as amended. Mr. Collins was
concerned about four townhouses that had been planned immediately south of his
property. The land south of the property is now to be rezoned for two single family
dwellings. His only concern now is to be included in the site plan discussions and he
has received an assurance to that effect.
Mr. Wong considers this to be appropriate development. It maintains all the
objectives identified in the early review of the amended application. The concerns of the
residents have been accommodated through consultation. Lastly, any future purchaser
will have a wide range of development flexibility.
The Ministry of the Environment and Energy did not appear at the hearing but in
correspondence raised concerns about soil contamination and noise impact. The soil
SCHEDULE"A"TO THE ORDER OF THE ONTARIO MUNICIPAL BOARD, MADE ON
THE 20th DAY OF Fehrnary , 1995.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 4582/95
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to
implement the Official Plan of the Town of Pickering District Planning Area,
Region of Durham in Part of Lot 17, Concession 1, being Part of Lots 2, 3, 4, and
5, Registered Plan 469, and Part of Lot 17, Concession 1, in the Town of
Pickering. (OPA 88-094/P; A 28/90)
1. SCHEDULE I
Schedule I attached hereto with notations and references shown thereon are 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 17, Concession 1,
designated "Si" and "MD-H1" on Schedule I attached hereto, whether or not that
designation is accompanied by any bracketed symbol.
3. GENERAL PROVISION
No building, land or part thereof shall hereafter be used, occupied, erected, moved or
structurally altered except in conformity with the provisions of this By-law.
4. DEFINITIONS
In this By-law,
(1) "Build-to-Zone" shall mean an area of land in which all or part of a building or
buildings is to be located;
(2) (a) "Dwelling" shall mean a building or part of a buildingcontaining one or more
dwelling units, but does not include a mobile home or trailer;
(b) "Dwelling 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) "Detached Dwelling" shall mean a single dwelling which is freestanding,
separate and detached from other main buildings or structures;
(d) "Multiple Dwelling " shall mean a building containing three or more dwelling
units attached horizontally, or vertically, or both, by an above grade wall or
walls;
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(3) (a) "Floor Area-Residential" shall mean the area of the floor surface contained
within the outside walls of a storey or part of a storey;
(b) "Gross Floor Area-Residential" shall mean the aggregate of the floor areas of all
storeys of a building or structure, or part thereof as the case may be, other than a
private garage, an attic or a cellar;
(4) "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;
(5) (a) "Yard" shall mean an area of land which is appurtenant to and located on the
same lot as a building or structure and is open, uncovered and unoccupied above
ground except for such accessory buildings, structures, or other uses as are
specifically permitted thereon;
(b) "Front Yard" shall mean a yard extending across the full width of a lot between
the front lot line of the lot and the nearest wall of the nearest main building or
structure on the lot;
(c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard
of a lot between the front lot line and the nearest wall of the nearest main
building or structure on the lot;
(d) "Rear Yard" shall mean a yard extending across the full width of a lot between
the rear lot line of the lot, or where there is no rear lot line, the junction point of
the side lot lines, and the nearest wall of the nearest main building or structure
on the lot;
(e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard
of a lot between the rear lot line, or where there is no rear lot line the junction
point of the side lot lines, and the nearest wall of the nearest main building or
structure on the lot;
(f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear
yard and from the side lot line to the nearest wall of the nearest main building or
structure on the lot;
(g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard
of a lot between the side lot line and the nearest wall of the nearest main
building or structure on the lot;
5. PROVISIONS
(1) Uses Permitted("S 1" Zone)
No person shall within the lands designated "Si" on Schedule I attached hereto, use
any lot or erect, alter or use any building or structure for any purpose except the
following:
(a) detached dwelling
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(2) Zone Requirements("Sl" Zone)
No person shall within the lands designated "Si" on Schedule I attached hereto, use
any lot or erect, alter or use any building or structure for any purpose except in
accordance with the following provisions:
(a) LOT AREA(minimum): 450 square metres.
(b) LOT FRONTAGE(minimum): 15.0 metres.
(c) FRONT YARD DEPTH(minimum): 4.5 metres.
(d) SIDE YARD WIDTH (minimum): 1.2 metres on one side and 0.6
metres on the other side.
(e) REAR YARD DEPTH (minimum): 7.5 metres.
(f) PARKING(minimum): there shall be provided on each lot
one private garage that is attached to
the detached dwelling, and having a
vehicular entrance which shall be
located not less than 6.0 metres from
the front lot line.
(g) BUILDING HEIGHT(maximum): 12.0 metres.
(h) LOT COVERAGE (maximum): 38 percent.
(i) DWELLINGS (maximum): no more than one detached dwelling
having a minimum gross floor area
residential of 100 square metres shall
be permitted on a lot.
(j) SPECIAL REGULATION: no part of any attached garage shall
extend more than 3.0 metres beyond
the front wall of the dwelling to
which it is attached.
(3) Uses Permitted("MD-H1" Zone)
No person shall within the lands designated "MD-H1" on Schedule I attached hereto,
use any lot or erect, alter or use any building or structure for any purpose except the
following:
(a) multiple dwelling
(4) Zone Requirements ("MD-H1" Zone)
No person shall within the lands designated "MD-H1" on Schedule I attached hereto
use any lot or erect, alter or use any building or structure except in accordance with
the following provisions:
(a) DWELLING REQUIREMENTS:
No less than 72 and no more than 103 dwelling units shall be permitted within
the area designated "MD-H1" on Schedule I attached hereto.
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(b) BUILDING RESTRICTIONS:
A. Building Location and Setbacks
(i) A minimum of 60% of the length of the build-to-zone illustrated
on Schedule I attached hereto shall contain a building or part of a
building or buildings containing dwelling units;
(ii) A minimum of 50% of the length of the build-to-line illustrated on
Schedule I attached hereto shall have located on it, a building or
part of a building or buildings containing dwelling units;
(iii) Nowithstanding clause (ii) above, any structure, or part of a
structure required for below-grade parking can be set back a
minimum of 0.5 metre from the property line with Southview
Drive;
(iv) Buildings and structures not located along the Kingston Road and
Southview Drive frontages shall comply with the minimum
setbacks illustrated on Schedule I attached hereto;
(v) Notwithstanding clause (iv) above, when the end-wall of a multiple
dwelling building is parallel to the property line with the lands that
front Notion Road, the multiple dwelling building shall be set back
a minimum of 3.0 metres from the property line;
(vi) Notwithstanding clause (iv) above,when the end-wall of a multiple
dwelling building is parallel to the property line with the lands that
front Southview Drive, the multiple dwelling building shall be set
back a minimum of 5.0 metres from the property line;
(vii) For the purpose of this subsection, a wall is deemed to be
"parallel" if it does not exceed a 15 degree angle of divergence. In
this clause, the angle of divergence means the acute angle formed
�✓ by and lying between the wall or its projection and the property
line;
(viii) The horizontal distance between multiple dwelling buildings shall
be a minimum of 1.8 metres;
(ix) Section 5.22 of By-law 3036, as amended, shall not apply to lands
designated "MD-HI" on Schedule I attached hereto.
B. Building Height
(i) Minimum: 12.0 metres and 3 - storeys of habitable space for
buildings located within the Build-to-Zone or along
the Build-to-Line illustrated on Schedule I attached
hereto. Buildings located elsewhere on the lands
designated "MD-H1" shall have a minimum height
of 9.0 metres.
(ii) Maximum: 18.0 metres and 4 - storeys of habitable space for
buildings located within the Build-to-Zone or along
the Build-to-Line illustrated on Schedule I attached
hereto. Buildings located elsewhere on the lands
designated "MD-H1" shall have a maximum height
of 12.0 metres..
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(iii) For the purpose of this subsection, building height shall mean the
vertical distance between the established grade and the highest
point of the roof surface or parapet. A penthouse tower, cupola,
steeple or other roof structure which is used only as an ornament
upon or to house mechanical equipment of any building shall be
disregaded in calculating building height.
(c) PARKING REQUIREMENTS:
A. For the purpose of this subsection "parking 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, but shall not
include any portion of a parking aisle or driveway;
B. Notwithstanding clauses 6.5 b) and 6.5 c) of By-law 3036, as amended, for
development that provides resident parking below grade, there shall be
provided and maintained on the lands, a minimum of 1.2 parking spaces
per dwelling, and 0.3 parking space per dwelling for visitors;
C. Notwithstanding clauses 6.5 b) and 6.5 c) of By-law 3036, as amended, for
development that provides resident parking in a private garage, there shall
be provided and maintained on the lands one private garage attached to the
dwelling, one parking space located between the vehicular entrance of the
private garage and the nearest traffic aisle, and a minimum of 0.3 visitor
parking spaces for each dwelling unit;
D. Clauses 5.21.2a), 5.21.2b), 5.21.2c), 5.21.2d), 5.21.2e), and 5.21.2i) of
By-law 3036, as amended, shall not apply to lands designated "MD-H1"
on Schedule I attached hereto;
E. Notwithstanding clauses 5.21.2g) and 5.21.2k) of By-law 3036, as
amended, all entrances and exits to parking areas and all parking areas
shall be surfaced with brick, asphalt or concrete, or any combination
thereof.
(5) Holding Provisions ("(H)" Symbol)
Prior to an amendment to remove the "(H)" - Holding symbol preceding the zone
category "MD-H1",the following condition must be met:
(a) A site plan agreement under Section 41 of the Planning Act, R.S.O. 1990
c.p.13, or any successor thereto, shall be entered into between the Town of
Pickering and the owner of the lands to which the "(H)" - Holding Symbol
applies, and registered on title to the lands, to provide for the development
thereof for the purpose of multiple dwelling residential uses in accordance
with the provisions of this by-law; and
(b) The Town of Pickering be satisfied that development shall occur in
accordance with the guidelines of the Development Plan for the Town Centre
Community - Brock East Neighbourhood in effect at the time of development
of the lands to which the"(H)" -Holding Symbol applies.
6. EFFECTIVE DATE
This By-law shall take effect from the date of the order of the Ontario Municipal Board
amending Restricted Area(Zoning)By-law 3036 in accordance with this By-law.
O.M.B. Files: R920388
0930112
No• 2
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-- SCHEDULE I TO BY-LAW 49R7/95
AS MADE .BY
ONTARIO MUNICIPAL BOARD
ORDER DATED February 20, 1995
O.M.B. FILES: R920388, 0930112)
-4-
contamination matter seems to be related to the presence of construction debris
remaining from the demolition of the detached dwellings that were previously on the site.
This debris would be removed as new construction occurs.
Nevertheless the Town has undertaken to address the matter of soil contamination
as well as noise impact through the site plan approval process.
It is the decision of the Board that,
1. Amendment No. 66 to the Official Plan not be approved. ~'...~.,, ~. ~ ~ ~'
2. The appeals against Zoning By-laws 4012-92 and 4013-92 are allowed in part and
that the approved by-law be in the form set out in Exhibit #3, Tab N, which is
attached hereto.
DATED at TORONTO this
MEMBER