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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 ':' '~' 7'L~' .~'r~ .:' ~-' 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 -2- (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 )2( 388 (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) · . ' ~',, ~i" ..",' 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~ -4. (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~' ' - (~.om 1o / ORDER DATED. ' (O~.B, FILES: R9~0388, 0~30113) .. 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 - and - 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 -2- 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 - 3 - R 920388 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; f i 4 -2 - (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 • I 1 - 3 - (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. -4 - (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.. - 5 - (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 N\GNw Ps PSS , 5 , m,, 3 I P 40R�69 0 45„ /.,i' // \ PPS'( , .j -i AO !i 5roe /\ .• / \ -- i LA Ø 70�.� CH�MD- H1 \ --� 3 �� -�5R` \ L33 Sro 2 RPS 469 /�'—' 3\ / / ° ��'—/ __ \ � OS 26 \ '13PARS / / 95.. ���9 'oc�'/ vi `OS 469 -0 S 21 R.P• i —,- -- 70 ' lOS cL^C,2) LO R.P 469 _ /! `OS 25 ZONE BOUNDARY — — MINIMUM SETBACK --- BUILD—TO LINE t r f BUILD—TO ZONE - (3.Dm TO 7.5m) N -- 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