HomeMy WebLinkAboutBy-law 3889/91THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 3889/9 3_
Being a By-law to amend By-law 2456/87, which amended 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 Lots 31 and 32, Range 3, Broken Front
Concession, being Part of Lots 168, 169 and 170 R.C.P. 816, and Part of Lot 6, R.P. 228, in
the Town of Pickering. (OPA 90-66/P; A 16/90)
WHEREAS the Council of the Corporation of the Town of Pickering passed By-law 2456/87,
amending By-law 3036, as amended, to permit the establishment of business and professional
offices, residential dwellings, and a greenbelt conservation area on lands in Part of
Lots 31 and 32, Range 3, Broken Front Concession, in the Town of Pickering;
AND WHEREAS the Council of the Corporation of the Town of Pickering now deems it
desirable to permit the development of a six-storey apartment building containing up to
105 residential units on the subject lands in Part of Lots 31 and 32, Range 3, Broken Front
Concession, specifically being Part of Lots 168, 169 and 170, R.C.P. 816, and Part of Lot 6,
R.P. 228, in the Town of Picketing;
AND WHEREAS an amendment to By-law 2456/87, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. TEXT AIVIENDMENTS
(1) Section 2 of By-law 2456/87 is hereby revoked and the following substituted therefor:
The provisions of this By-law shall apply to those lands in Lots 31 and 32, Range
3, Broken Front Concession, Pickering, designated "SC-9", "RHII-I", "RY', "G",
and "OS-HL" on Schedule I attached hereto.
(2) Section 4 of By-law 2456/87 is hereby amended by adding thereto the following
definitions:
(6) (a) "~" shall mean a building or part of a building containing one or
more dwelling units, but does not include a mobile home or trailer;
(b) "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 k~tchen and sanitary facilities;
(c)
"Apartment Dwelling" shall mean a dwelling containing four or more
dwelling units attached horizontally or vertically, each unit having access
from an internal corridor system connecting with at least one common
entrance from outside the dwelling;
(3)
Section 5 of By-law 2456/87 is hereby amended by adding thereto the following
subsections:
(3) Uses Permitted ("RHII-I" Zone)
No person shall within the lands designated "RHII-i" on Schedule I attached
hereto, use any lot or erect, alter or use any building or structure for any
purpose except the following:
(a) apartment dwelling residential uses
(4) Zone Requirements ("RHII-I" Zone)
No person shall within the lands designated "RHII-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) NUMBER OF DWELLING UNITS (maximum): 105
-2-
(ii) BUILDING HEIGHT:
A On the lands designated "RHII-i" on Schedule I attached hereto, no
building shall exceed a height of 16.5 metres and six-storeys of
habitable dwelling units, except that the most easterly portion of the
building shall not exceed four-storeys of habitable dwelling units.
(iii) BUILDING RESTRICTIONS:
A
On the lands designated "RHII-I" on Schedule I attached hereto, no
building or part of a building shall be erected except within the
limits of the maximum building envelope illustrated on Schedule Il
attached hereto;
B
For the purpose of this clause "balcony" shall mean a partially
enclosed, above grade outdoor amenity area, appurtenant to a
dwelling unit;
C
Notwithstanding subclause (iii)A above, balconies shall be permitted
to project a maximum of 2.0 metres beyond the limits of the
maximum building envelope illustrated on Schedule II attached
hereto.
D Notwithstanding subclause (iii)A above, an access ramp to below
grade parking shall be permitted to project beyond the limits of the
maximum building envelope only within the hatched area illustrated
on Schedule II attached hereto;
(iv) PARKING REQUIREMENTS:
A
For the purpose of this clause "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, there shall be provided and maintained on the lands a
minimum of 1.0 parking space per dwelling unit for residents, and
0.2 parking space per dwelling unit for visitors. All resident parking
shall be provided below grade. Visitor parking shall be provided at
grade or below grade, or both;
C Notwithstanding subsection 2.2.1 of By-law 3036, as amended,
underground parking aisles and ramps leading thereto shall have a
minimum perpendicular width of 5.7 metres;
D Clauses 5.21.2a), 5.21.2b), 5.21.2c), 5.21.2d), 5.21.2e), and 5.21.2i) of
Bi{H-law 3036, as amended, shall not apply to lands designated
II-1" on Schedule I attached hereto;
E At-grade parking areas shall be set back a minimum of 3.0 metres
from all road allowances;
F Notwithstanding clause 5.21.2g) of By-law 3036, as amended, all
parking areas shall be surfaced with brick, asphalt or concrete, or
any combination thereof.
(5) Uses Permitted ("OS-HL" Zone)
No person shall within the lands designated "OS-HL" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any purpose
except the preservation and conservation of the natural environment, soil and
wildlife.
(6) Zone Requirement ("OS-HL" Zone)
No buildings or structures shall be permitted to be erected, nor any existing
buildings or structures be modified or changed, nor shall the placing or removal
of fill be permitted, except where buildings or structures are used 0nly for
purposes of flood and erosion control.
-3-
2. SCHEDULE AMENDMENTS
(1) Schedule I to By-law 2,4,56/87 is hereby amended by changing from "SC-9" and "G" to
"RHII-I" and "OS-HL' respectively, the zone designation of the lands designated
"RHII-I" and "OS-HL" on Schedule I attached hereto.
(2) Schedule II attached hereto with notations and references shown thereon is hereby
added to By-law 2456/87 as Schedule II thereto.
3. BY-LAW 2456/87
By-law 2456/87, 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 1
attached hereto. Definitions and subject matters not specifically dealt with in this By-law
shall be governed by the relevant provisions of By-law 2456/87, and By-law 3036, as
amended.
4. ENFORCEMENT
(1) Any person who contravenes any of the provisions of this By-law is guilty of an
offence and on conviction is liable,
(a) on a first conviction to a fine of not more than $20,000; and
(b) on a subsequent conviction to a fine of not more than $10,000 for each day or
part thereof upon which the contravention has continued after the day on which
he was first convicted.
(2) Where a corporation is convicted under subsection (1), the maximum penalty that
may be imposed is,
(a) on a first conviction a fine of not more than $50,000; and
(b) on a subsequent conviction a fine of not more than $25,000 for each day or part
thereof upon which the contravention has been continued after the day on
which the corporation was first convicted;
and not as provided in subsection (1).
(3)
Where a conviction is entered under subsection (1), in addition to any other remedy
or penalty by law, the court in which the conviction has been entered, and any court
of competent jurisdiction thereafter, may make an order prohibiting the continuation
or repetition of the offence by the person convicted.
EFFE(TI1VE DATE
This By-law shall take effect from the day of passing hereof, subject to the approval of
Amendment No. 71 to the Picketing District Plan by the Ministry of Municipal Affairs,
and subject to the approval of the Ontario Municipal Board, if required.
READ A FIRST AND SECOND TIME THIS 9 'ch DAY OF December
,1991.
READ A THIRD TIME AND PASSED THIS 9 'ch DAY OF December
,1991.
WAYNE ARTHURS
CLERK
BRUCEJ. TAYLOR
SC-9
SCHEDULE I TO BY-LAW
PASSED THIS 9 ~h
December
DAY OF. 1991
3889/91
SCHEDULE II TO BY-LAW 2456/87
SCHEDULE II TO BY-LAW 3889/91
PASSED THIS 9
DAY OF December
1991
C. ANAI~AN
sv,~ecr
THE CORPORATION OF 'FLEE TOWN OF PICKERING
BY-LAW NUMBER 3889/'91
Being a By-law to amend .By-law 2456/87, which amended Restricted Area (Zoning)
By-law 3036, as amended, to Implement the Official Plan of the Town of Picketing District
Plannin$ Area: Region of Durham in Part of Lots 31 and 32, Range 3, Broken Front
Concession, being Part of Lots 168, 169 and 170 R.C.P. 816, and Part of Lot 6, R.P. 228, in
the Town of Picketing. (OPA 90-66/P; A 16/90)
WIEEREAS the Council of the Corporation of the Town of Picketing p.assed By-law 2456/87,
amending By-law 3036, as amended, to permit the establishment of business and professional
offices, residential dwellings, and a greenb, elt .conservation area on lands in Part of
Lots 31 and 32, Range 3, Broken Front Concession, In the Town of Picketing;
AND WHEREAS the Council of the Corporation of the Town of Pickering now deems it
desirable to permit the development of a six-storey apartment building containing up to
105 resid, entialunits on the. subject lands in Part of Lots 31 and 32, Range 3, Broken Front
Concession, specifically being Part of Lots 168, 169 and 170, R.C.P. 816, and Part of Lot 6,
R.P. 228, in the Town of Picketing;
AND WHEREAS an amendment to By-law 2456/87, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF TIlE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. TEXT AMENDMENTS
(1) Section 2 of By-law 2456/87 is hereby revoked and the following substituted therefor:
2. AREA RESTRIt3TED
The provisions of this By-law shall apply to those lands in Lots 31 and 32, Range
3, Broken Front Concession, Picketing, designated "SC-9", "RHll-l", "RY', "G",
and "OS-HL" on Schedule I attached hereto.
(2) Section 4 of By-law 2456/87 is hereby amended by adding thereto tile following
definitions:
(6) (a) "Dwelling" shall mean a building or part o[ a building containing 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 k~tchen and sanitary facillties;
(c)
"Apartmen~ Dwelling" shall mean a dwelling containing four or more
dwelling units attached horizontally or vertically, each unit baying access
from an internal corridor syst.em connecting with at least one common
entrance from outside the dwelhng;
(3) Section 5 of By-iaw 2456/87 is hereby amended by adding thereto the following
subsections:
(3) Uses Permitted CRHII-1'' Zone)
No person shall within tile lands designated "Rtlll-l" on Schednle I attached
hereto, use any lot or erect, alte: '~. :ase any building or structure for any
purpose except the following:
(a) apartment dwelling residential uses
(4) Zone Requirements CRHII-1'' Zone)
No person shall within the lands designated "RHII-I" on Schedule I attached
hereto use any lo.t or erect, alter or use any building or structure for any purpose
except the followtng:
(i) NUMBER OF DWELLING UNITS (maximum): 105
-2-
(ii) BUILDING HEIGttT:
A On the lands designated "RHII-I" on Schedule I attached hereto, no
building shall exceed a height of 16.5 metres and six-storeys of
habitable dwelling units, except that the most easterly portion of the
building shall not exceed four-storeys of habitable dwelling units.
(iii) BUILDING RESTRICTIONS:
A
On the lands designated "RHII-I" on Schedule I attached hereto, no
building or part of a building shall be erected except within the
limits of the maxi~num building envelope illustrated on Schedule I1
attached hereto;
B
For the purpose of this clause "balcony" shall mean a partially
enclosed, above grade outdoor amenity area, appurtenant to a
dwelling unit;
C
Notwithstanding subclause (iii)A above, I~alconies shall be permitted
to project a maximum of 2.0 metres beyond the limits of the
maximum building envelope illustrated on Schedule II attached
hereto.
D Notwithstanding subclause {iii)A above, an access ramp to below
grade parking shall be permitted to project beyond the limits of the
maximum building envelope only within the hatched area illustrated
on Schedule II attached hereto;
(iv) PARKING REQUIREMENTS:
A
For the purpose of this clause 'park'ng 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
Notwithstandiug clauses 6,5 b) and 6.5 c) .of By-law 3036, as
amended, there shall be provided and maintained on the lands a
minimum of 1.0 parking space per dwelling unit for residents, and
0.2 parking space per dwelling unit for visitors. All resident parking
shall be provided below grade. Visitor parking shall be provided at
grade or below grade, or both;
C Notwithstanding subsection 2.2.1 of By-law 3036, as amended,
underground parking aisles and ramps leading thereto shall have a
minimum perpendicular width of 5.7 metres;
D Clauses 5.21.2a), 5.21.2b), 5.21.2c), 5.21.2d), 5.21.2e), and 5.21.2i) of
,,B~-law ,,3036, as amended, shall not apply to lands designated
RHII-1 on Schedule I attached hereto;
E At-grade parking areas shall be set back a minimum of 3.0 metres
from all road allowances;
F N6twithstanding clause 5.21.2g) of By-law 3036, as alnended, all
parking areas shall be surfaced with brick, asphalt or concrete, or
any combination thereof.
(5) Uses Permitted COS-HL" Zone)
No person shall witbin the lands designated "c, Sl..HI." on Schedule ! attached
hereto use any lot or erect, alter or use any building or structure for any purpose
except the preservation and conservation of the natural environment, soil anti
wildhfe.
(6) Zone Requiremenl COS-IlL" Zone)
No buildings or structures shall be permitted to be erected, nor any existing
buildings or structures be modified or c,h. anged, nor shall the placing or remowd
of fill be permitted, except where butldings or structures are used only for
purposes of flood and erosion control.
-3-
o
SCHEDULE AMENDMENTS
(1) Schedule I to By-law 2456/87 is hereby amended by. changing from "SC-9" and "G" to
"RHII-I" and "OS-HL" respectively, the zone destgnation of the lands designated
"RHII-I" and "OS-HI.? on Schedule I attached hereto.
(2) Schedule II attached hereto with notations and references shown thereon is hereby
added to By-law 2456/87 as Schedule Il thereto.
3. BY-LAW 2456/87
By-law 2456/87, as amended, is hereby further amended only to the extent necessary to
give eIfect to the provisions of this By-law as it applies to. the area set out itl Schedule I
attached hereto. Definitions and subject matters not specifically dealt with in this By-law
shall be governed by the relevant provisions of By-law 2456/87, and By-law 3036, as
amended.
(1) Any person who contravenes any of the provisions of this By-law is guilty of an
offence and on conv~.ction is liable,
(a) on a first conviction to a fine of not more than $20,000; and
(b) on a subsequent conviction to a fine of not mnre than $10,000 for each day or
part thereof upon which the contravention has continued after the day on which
he was first convicted.
(2) Where a corporation is convicted under subsection (1), the maximum penalty that
may be imposed is,
(a) on a first conviction a fine of not more than $50,000; and
(b) on a subsequent conviction a fine of not more than $25,000 for each day or part
thereof upon which the contravention has been continued after tile day on
which the corporation was first convicted;
and not as provided in subsection (l).
(3)
Where a conviction is entered under subsection (1), ill addition to any other remedy
or penalty by law, the court in which the conviction has been entered, and any court
of compe!ent jurisdiction thereafter, may make an order prnhibiting the continuation
or repetiuon of the offence by tile person convicted.
EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof,, subject to the approval of
Amendment No. 71 to the Picketing District Plan by the Ministry of Municipal Affairs,
and subject to tile approval of the Ontario Municipal Board, if required.
READ A FIRST AND SECOND TIME THIS 9 th DAY OF December
, 1991.
READ A TtllRD TIME AND PASSED THIS 9 Lh DAY OF Doe'-.._'.
,1991.
WAYNE ARTI IURS
CLERK
BRUCE J. TAYLOR
N
SCIII-:Di~LE I TO BY-LAW
P A.'-'.< I.: D THIS 9~h
December
DAY <)l.' 1991
3889/91
MAY()I':
SCItEDULE II TO BY-LAW 2456/87
SCHEDULE II TO BY-LAW 3889/91
PASSED THIS 9 th
DAY OF December 1991
,MAYOR
CLERI' <