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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' <