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HomeMy WebLinkAboutBy-law 4012/92 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4012/92 Being a By-law to. amend Restricted Area (Zo.ning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickenng District Planning Area, Region of Durham in Part of Lot 17, Concession 1, being Part of Lots 3, 4, and 5, Registered Plan 469, in the Town of Pickering. (OPA 88-094/P; A 28/90) WHEREAS the Council of the Corporatio.n. of the Town of Pickering d.eems it desirable to permit the development of an apartment bmlding containing up to 29 multiple residential units on the subject lands in Part of Lot 17, Con. cession 1, specifically being Part of Lots 3, 4, and 5, RegisteredPlan 469, in the Town of Pickermg; AND WHEREAS an amendment to By-law 3036, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULES I AND 1I Schedules I and II attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. AREA~CTED The provisions of this By-law shall apply to those lands in Part of Lot 17, Concession 1, designated "MD-HI" on Schedule I attached hereto, whether or not that designation is accompanied by any bracketed symbol. 3. ~ENERALPROVISION 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) (a) "Dwelling" 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 kitchen and sanitary facilities; (c) "Multinle Dwelline-Horizontal" shall mean a building containing three or more dwellifig units attfiched horizontally, not vertically, by an above grade wall or walls; (2) (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 stor.eys of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar; (3) "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; -2o 5. PROVISIONS (1) Uses Permitted CMD-HI" Zone) No person shall within the lands design.ated "MD-HI" on Schedule I attached hereto, use any lot or erect, alter or use any bmlding or structure for any purpose except the following: (a) multiple dwelling-horizontal (2) 7~a~gAlll~ed~l~ ("MD-HI" Zone) No person shall within the lands designated "MD-HI" 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 UNIT REQUIREMENTS: A Minimum dwelling unit area shall be 90 square metres gross floor area-residential; B No less than 15 and no more than 29 dwelling units shall be permitted within the area designated "MD-HI" on Schedule I attached hereto. (b) BUILDING HEIGHT (maximum): 12.0 metres. (c) BUILDING RESTRICTIONS: No building, part of a building, or structure shall be erected unless it is located wholly within the building envelope illustrated on Schedule II attached hereto. (d) 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 For each dwelling unit there shall be provided and maintained on the lands one private garage attached to the dwelling unit; C For each dwelling unit there shall be provided and maintained on the lands one parking space located between the vehicular entrance of the private garage and the nearest traffic aisle; D There shall be provided and maintained on the lands a minimum of 0.3 visitor parking spaces for each dwelling unit; E 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-HI" on Schedule I attached hereto; F 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. (e) SPECIAL REGULATIONS: The horizontal distance between multiple dwellings-horizontal shall be a minimum of 1.8 metres. (3) I-Iol~ling Pr0vi~ions C(H)" Symbol) Prior to an amendment to remove the "(H)" - Holding symbol preceding the zone category "MD-HI", the following condition must be met: -3- (a) an agreement between t.he Town of Pickering and the owner of the lands to which the "(H)" - Holding symbol applies, to provide for the development thereof for the purpose of multiple dwelling horizontal residential uses in accordance with the provisions of subsection 5(2) of this by-law, shall be entered into and registered on title to the lands. By-law 3036, as amended, is hereby further amend.ed only to the extent necessary to give effect to the provisions of this By-l.aw as it apphes to the area set o.ut in Schedule I attached hereto. Definitions and subject matters not specifically dealt w~th in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 7. I~NFORCEMENT (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 conv. iction 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. 8. EFFE~ DATE This By-law shall take effect from the day of passing hereof, subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 29th DAY OF June ,1992. READ A THIRD TIME AND PASSED THIS 29th DAYOF June ,1992. /'? //?: MAYOR ~ ' WAYNE AR~ APPROVEO BRUCE J. TAYLOR AS I0 FORM SCHEDULE I TO BY-LAW 4012/92 PASSED THIS 29th DAY 0/~/,, J~9ne /~ ...... ~3UILDING ENVELOPE SCHEDULE II TO BY-LAW 4012/92 PASSED THIS 29th DAY O Ju~e 19 ~ MAYOR' ~ - [~ /-~ ! ! ! I ! ! ! ! ii ! ! ! ! ! ! su j cg 0 t2,41 1 , 40121 F;# IQ 9, FOLIO# VtiVtrA �,uc 140%1 C. ' ss• lam SEP 0 9 1994 "U `�;ic 0 9301812 OB . • FOLIO# 9,1 S Ontario Ontario Municipal Board RECEIVED Commission des affaires municipales de ('Ontario SEP 13 1994 EJ u n 17r- 11.}1 D.D. Williams and other residents have appealed TOWN OF PICKERING LJ to the Ontario N4unicipal Board under subsection PLANNING DEPARTMENT 34(19) of the Planning Act, R.S.O. 1990, c.P. 13, SEP 1 31994 against Zoning By-law 4012/92 and 4013/92 of the Town of Pickering TOs.".'N CF FICKEF!Nv OMB File No. R 920388 ZUTARLO - and - At the request of D.D. Williams and other residents, the Minister of Municipal Affairs has referred to the Ontario Municipal Board under subsection 17(11) of the Planning Act, R.S.O. 1990, c.P. 13, Proposed Amendment No. 66 to the Town of Pickering District Plan Minister's File No. 18-OP-0023-066 OMB File No. 0 930112 COUNSEL : G.M.T. Sheffield for The Corporation of the Town of Pickering M.T. Garvey for Zurich Indemnity Company of Canada DECISION delivered by C.A. BEACH AND ORDER OF THE BOARD A property owned by 777 Ontario Inc. is now controlled by Zurich Indemnity Company of Canada (Zurich). It is located in the Corporation of the Town of Pickering. It fronts onto Highway No. 2 and is flanked on the west side by Southview Drive. The original development application by 777 Ontario Inc. proposed a development of apartment units and townhouses. This development requires an Official Plan Amendment and two site specific zoning by-law amendments. • - - 2 - Site Specific Zoning By-law Amendments No. 4012/92 and No. 4013/92 are opposed by the Southview Drive Ratepayers Association and the required Official Plan amendment OPA No. 66 has been referred to the Board at the request of the same group. Zurich, who now controls the lands have submitted to the Town a revised application. This application proposes a development consisting only of townhouses. Preliminary meetings with the Town and the ratepayers group have given an indication that this type of development is preferable. As a result, Zurich, at the start of the hearing requested an adjournment in order to further develop the townhouse scheme and attempt to arrive at an agreement with the ratepayer group. Counsel for the Town concurred with the request for an adjournment. Dr. D.D. Williams, who appeared on behalf of the Southview Drive Ratepayers Association, on the assurance given by counsel for Zurich that his rights with respect to appeal will not be prejudiced, also agreed to the adjournment. Two residents of Southview Drive Mr. John Gemin and Mr. Bill Collins, who are not represented by Mr. Williams, requested that they be informed and be part of the discussion with respect to the proposed development. Both counsel undertook to do this. - The request for an adjournment is granted. The hearing is to be resumed at 10:00 a.m. on February 1, 1995 and is scheduled for three days. The location will be the Council Chambers, Civic Complex, 1 The Esplanade, Town of Pickering. Counsel for the Town is to make the necessary booking arrangements. New notice is not required and this member is not seized. DATED at TORONTO this 9th of September 1994. LSC : . -` • C 13EACH MEMBE • _ _ q0/z/9 2- OBtl i05 I FOLIO*( a _ oanca (COME MATE —= R 920388 FEB 2 0 1995 1 " c ; 0 930112 ..emil Ontario OBiliciq,..1 j moil Ig j Ontario Municipal Board _.. Commission des affaires municipales de ('Ontario RECEIVED D.D. Williams and other residents have appealed FEB 22 1995 to the Ontario Municipal Board under subsection 34(19) of the Planning Act, R.S.O. 1990, c.P. 13, TOWN OF PICKERING against Zoning By-law 4012/92 and 4013/92 of the PLANNING DEPARTMENT Town of Pickering OMB File No. R 920388 - and - v At the request of D.D. Williams and other residents, the Minister of Municipal Affairs has referred to the Ontario Municipal Board under subsection 17(11) of the Planning Act, R.S.O. 1990, c.P. 13, Proposed Amendment No. 66 to the Town of Pickering District Plan Minister's File No. 18-OP-0023-066 OMB File No. 0 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 I - 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 (Zurich) 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 Pickering 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 appiication 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 z s - 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. • 21 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 . . ISEN MEMBER • U s•••._ , R920388 • 0930112 y.715f.w;ti. . cp... • '.. 1.11%.110M11111 Ontario .. . Ontario Municipal Board - Commission des affaires municipales de l'Ontario . . • •- Ii:.: • SCHEDULE"A"TO THE ORDER OF THE ONTARIO MUNICIPAL BOARD. mAnr.UN t:i::: ',. • THE DAY OF 1995: . • .„. •• • • ..:4 *!••••: -.....:•.'2 ...1‘.. 1- • . Dt•f• ; Ill • • I. •' IP - ••••:i:• ..:0i::1•;:. •it .. ..: • e.-: p.. . •THE COR.PORATiON OF THE TOWN OF PICK •F,R1r•IO • r . I . t . , .:• .....I ...I: •;:... ,.;,,....., .:. BY-LAW NUMBER .* •:• •••• ' •' „ i i':::: - • it .1 . • .;"At:...... ,•.: ,,,, • .• „ ,„ _ .. .. t.: , , 4 '.;• a k: ! • - •i 1.*: , • r:. . , Being a By-law to amend Restrieted Aria(Zoning)By-law 3036.'ns amended.to (ravoi , implement the Official Plan'Of the Tciwni.of•Pjekering:Distriet•Planning Ares, • Region of Durham in Part of Cot 17,Concession 1,being Part Of Lots 2,3.4.and 5, Registered Plan 469, and Part of Lot 17/Corieessiorti li''in the Town of • 1 .... Pickering. (OPA 813-094/P;A 28/90)'" ' ' • ., • :, ••••• • It. ::.:' 1 i•'..:: •••r..*...i i. • • • • ' 4 •• •"•• 1 . :. .' • ;•...1:.!. .. ••••••::' . , ssk''• 1. $rgr.nt.n.r.I • • . •:••4:.,...-1::.1,•,:ar•t3 • • . , . rr . :-.•.,1•.:::,.. ::.• .' i •':• . .. . . . ... . Schedule I attached hereto Nicith notitioris'ind iefirences shoWn•therecio are hereby declared . • I ;'. to be put of this By law " '' ':_ :-.t ; • .• •I •:! •1.•:;••:: tV•,..: . , • • i 1:- 4 . • 2. AREA rtr...STrtiriFt) • : ' • •• The provisiuns of this By-law shall apply to those lands in Pari of 1.nt 17.Concession 1, .. ; • .• . designated "Sl" and (MD-HI" on Schedule I attached hereto, whether or not that • designation is accompanied by any bracketed symbol.• . . • 1, •. : •:• l' WU'iellt rir.; 7::. ,! .••;;:::••• ., '. I.,.. . . . • • : •• . t, .1.t:• t".•;*.•:, .....• t:t:.•t. ••:,:•• .: *-- i 3. •CFN7RAL T'tiOVISION " ' "'' ' ! a :'• •":41: '"!•".:'•-.":' • •• ..:• : • • 1 •!.. t . 1/4rwi :1•.1 r.lt ••• :. I No building, land or part thereof'ihaerea ll hereafter be uied, Occupied, erected:Moved sir t•• . •••• .,, , . . '..structurally altered except in caitfoirititY with•the Oiovisiorts df•this By-law. : 1 •• : 1 , :• :!,.. t., ,..:.:110.•t;nii In!: 4•••••:i,1•••-:%1•1•:1-.t••• tt . •. •I ! I' .. .. •;:•it'..-t't.1r%am-r.• " • . 1• • . 4 IFFINITICN • . • C• i: t •• ••:•:•• ..! - ,•nt ;. .. . 1 • in this()Haw, . . :•i .: r• ...1! :1 •.:I. : •!: •:—... ...„! t;t k. . .. • i 1. •1• . •i'....' ' (1) .auilsi:10-sitte,shall mean an irei of land in which all or part of a building or 1 i buildings is to be located: ' : •:''.• • • 1• I '. t (2) (a) "D..t.elliat" shall mean a building or part of a building containing one dwelling units,but dots not include a mobile home or trailer; ,(b) "D••••••-lline lin;.1-shall mean one Orme hat:liable rooms occupied n:crp-,0-,..,r •. beir.g occupied as :a'single: indenc•nnent:and sepa:ate hour.ekeeping In::: . : • containing a separate sic c-and sanitary racilities: : •• (c) -ael.z:b.. .::::..liag" shall mean.a sgle we!li.; which is f:•:-.•:.1s•tdi•-••,:. t r. separate and cc ached(rem ether rnain buildings or st:iictwts: 1 i - i ,z, • ! r... . I • (0) "bildliP/ Owtar..,it " shad mean a building contair.i • !ince of :rote dweji::; units altieited hcritentany, or ver.its:iy. er hot)-. 11. r,r. rbove pati: wr,,ti •:•;•: ' I •••••1:' t •!••••••-•. . • 1 wans: • : -• i ... • . • J, R92( 38$ II Il : .: Ilit214 (3) (a) "Floor Area-Residential" shall mean the area of the floor surface contained Il J t :1 within the outside walls of a storey or part of a storey; ,. r • (b) "(,r s.s Floor Area-Residential"shall mean the aggregate of the floor areas of all II storeys of a building or structure;or part thereof as the case may be,other than a piivate garage,.an attic or a cellar; ,' r d (4) "private Garage"shall mean an enclosed or partially enclosed structure for the storage a of one or more vehicles, in which structure no business or service is conducted 11 r d for profit or otherwise; 1 > ' (5) (a) "Yard" shall mean an area of land which is appurtenant to and located on the r same lot as a building or structure and is open,uncoveredandunoccupied above ground except for such accessory buildings, structures, or other uses as are ,�=;� 11 specifically permitted thereon;_! .. r. • - ti tfii " (b) "Drool Yard"shall mean a yard extending across the full width of a lot between j . the front lot line of the lot and the nearest wall of the nearest main building or 0",..i'.: astructure on the lot; '•(u) "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 .j building or structure on the lot; r ,t t ry • �..J I:1 (d) "hear 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 ii the side lot lines, and the nearest wall of the nearest main building or structure LI.' l on the lot; 'r 11, (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard IIof a lot.between the rear lot line, or where there is no rear tot line the junction i s. point of the side lot lines, and the nearest wall of the nearest main building or ; • ti structure on the lot; i (1) "Siete Yard°shall mean a yard of a•tot extending from the front yard to the rear �� f yard and from the side lot line to the nearest wall of the nearest main building or i. II II structure on the lot; 1 ti (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard .•• 3 ii of a lot between the side lot line and the nearest wall of the nearest main �� . building or structure on the lot; 4 ' •_. a ..• • • • r-:„. .,{ �. II 5. j'ItOVIS . ........ IONS • r .. • . • (I) Uses Permitted("Si"Zone) Nu person shall within the lands designated".Sl"on Schedule I attached hereto,use „..� II • . . any lot or erect, alter or use any building or structure for any purpose except the '„�, following: -- 1 t I (a) detached dwelling i 2388 -3 , Iii (2) Zone Requirements("S I"Zone) Noerson shall within the lands designated "Si" on Schedule I attached hereto, use P I 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): _ r 450 square metres. i _ (b) LOT FRONTAGE(minimum): 15.0 metres. II (c) FRONT YARD DEPTH(minimum): 4:5 metres. n II (d) SIDE YARD WiDTH(minimum): 1.2 metres on one side and 0.6 metres on the other side. i( (e) REAR YARD DEPTH(minimum): 7.5 metres. I I I) PARKING(minimum): there shall be provided on each lot 1 one private garage that is attached to Cal i . • ' '',, , - the detached dwelling, and,having a vehicular entrance which shall be • located not less than 6.0 metres from I I> ( the front lot line: n (g) BUILDING HEIGHT(maximum) 12.0 metres. II (h) LOT COVERAGE(maximum): 38 percent. I- • ill (i) DWELLINGS(maximum): f no more than one detached dwelling II 1 ii • - having a minimum gross floor area residential of 100 square metres shall 1. !I • be permitted on a lot. I (j) SPECIAL REGULATION: no•part of any attached garage shall ;. t extend more than 3.0 metres beyond 1' `t • the frontwall of the dwelling to ,, ! t which it is attached. I �` �✓ j , t t• ,t I I>. (3) Uses Permitted("MD HI".Zone) 1I 0 , No person shall within the lands designated"MD-HI"on Schedule I attached hereto, 'I I, Ch) II use any lot or erect,alter or use any building or structure for any purpose except the 111 following: '' I, (a) multiple dwelling II ti, (4) Zone Requirements("MD4II"Zone) • No person shall within the lands designated "MD-Hi" on Schedule I attached hereto I 14. use any lot or erect, alter or use any building or structure except in accordance with the following provisions: • • ii (a) DWELLING REQUIREMENTS '► . No less than 72 and no more than 103 dwelling units shallbepermitted within the area designated"MD-HI"on Schedule I attached hereto. • il.,.` 7 < R92p3:: I a I II -4- 1 (b) BU . BUILDING RESTRICTIONS: . C A. Building Location and Setbacks IIa i (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; I r' 1 (ii) A minimum of 50%of the length of the build-to-line illustrated on 9y Schedule I attached hereto shall have located on it, a building or « part of a building or buildings containing;dwelling units; • 64-i., ., i a (. . .. iii) Nowithstanding clause, (ii) above, any structure, or part of a .1 structure required for below-grade parking can be set back a minimum of 0.5 metre from the property line with Southview 141 a Drive; • (iv) Buildings and structures not located along the`Kingston Road acid • Southv.iew Drive frontages shall comply with the minimum lig Iv • setbacks illustrated on Schedule I attached hereto; • • . 1 1 (v) Notwithstanding clause(iv)above,when the end-wall of a multiple dwelling building is parallel to the property line with the lands that ~ i� IIfront Notion Road,the multiple dwelling building shall r be• set back '4.6 ., a minimum of 3.0 metres from the property line; ;- j (vi) Notwithstanding clause(iv)above,when the end-wall of a multiple I 3. 1 .�. 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; „ '' I (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 11 • this clause, the angle of divergence means the acute angle formed • it by and lying between the wall or its projection and the property I 4 '` line; q+t4'+1, l1..... ...•: (viii) The horizontal distance between multiple dwelling buildings shall 41 be a minimum of 1.8 metres; il. 'III (ix) Section 5.22 of By-law 3036,as'amended,shall not apply to lands • ''" designated"MD-HI"on Schedule i attached hereto. i, '•—_,..,1 13. Building Height 3.• ? i I (i) Minimum: 12.0 metres and 3 - storeys of habitable space for buildings located within the Build-to-Zone or along ;-�-1 the Build-to-Line illustrated on Schedule I attached 1 hereto. Buildings located elsewhere on the lands ,� "' designated "MD-HI" shall have a minimum. height F=`l• of 9.0 metres. �( t. 1 (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 1 designated "MD-H1" shall have a maximum height "' of 12.0 metres.. ""t` + w R9 03:= 1 -5- S I di (iii) For the purpose of this subsection, building height shall mean the vertical distance between the established grade and the highest - Iii 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 he I rail (c) PARKING disregaded in calculating building height. l REQUIREMENTS:ori r A. For the purpose of this subsection"parking space"shall mean a usable and I accessible area of not less than 2.6 metres in width and not less than I ka 5.3 metres in length for the temporary parking of vehicles, but shall not jl 4 k pinclude anyortion of a parking aisle or driveway; �� j B. Notwithstanding clauses 6.5 b)and 6.5 c)of By-law 3036,as amended. for .1 development that provides resident parking below grade, there shall he 1 ` 10 provided and maintained on the lands, a minimum of 1.2 parking spaces I L per dwelling,and 0.3 parking space per dwelling for visitors; • . id C. Notwithstanding clauses 6.5.b)and 6.5 c)of By-law 3036,as amended,for ji 1developmentI1 that provides resident parking in a private garage,there shall be provided and maintained on the lands one private garage attached tot e 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 5.21.21) of By-law 3036, as amended, shall not apply,to lands designated "MD-HI" Elon Schedule I attached hereto; I - 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 , II shall be surfaced with brick, asphalt or concrete, or any combination • thereof. (5) Holding Provisions("(H)"Symbol) .• Holding,symbol precedingthe zone I Prior to an amendment to remove the "(H)", - g Y category"MD-H1",the following condition must be met: I1 _i (a) A site pian agreement ur:,:er .ie%.tivn 11 of the Planning Act, Z.S.U. 1990 . 11 c.p.13, or any successor thereto, shall be entered into between the Town of 1lj I Pickering and the owner of the lands to which the "(I1)" - Holding Symbol applies, and registered on title to the lands, to provide for the development II thereof for the purpose of multiple dwelling residential uses in accordance with the provisions of this by-law; and I - (b) The Town of Pickering be satisfied. that -development 'shall occur in n accordance with the guidelines of the Development Plan for the Town Centre h i 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 • G 09;0112 f, I - R920188 . . . _ . . . . • •. ,... . . . • • . . . • . , . .11A\ efie.6# OAS ... . '..........' 06' 1 ..-•• 1 5 lo: . \ Cd111, z. . • i':' l.,•...••\ , 1 , .- . ....•-•"" • • . .so. . • • ••:,•• ,• • 1 .• t tit i _ ... .... 0 wt....-.... \ •I • ... --"" b OC a : (H)MD-H1 ''...\.\4 - .'''' II 1 . , _.) . . . ' :. . , .... .. .. • fl. s tsi ir...- • • ir-1 II s A WO •. • 20". . • .••• Allt. . 1+1 I ..• .. 4 ‘ 1 .1.. • •„ .. • \ .,...•- . ..•,06 ' : '. - .... • •• ..• 010 •••• A\ • .. ....;3 ii - :• to.• ---- • , - co ---- . % • ;.... -- 4 . .!, ....,--- a J 13, 00, • . ‘....... ..oi r.Jen . a... • ,„..-•-•".% 1 r....1% .. . 0,...• % ...:- .0 .: -- . ... • . ,. 1"- . . . ., . . . . . .. • . .-, • ., - , . . - , , . 1 . --- mg BOUNDARY , —— ...Q.., streAci, . , • II ,....—.) . , --- BUILD-TO LINE . . .. is,.. ' 2z= BUILD-TO ZONE * • os , V•i"- • \—...) • ' , . , .: . • •• . .' . . . .,. . i.7.- . . .. ..! • SCHEDULE I TO BY-LAW i .. • - • AS MADE BY ..•; ;- • - 4 . • ONTARIO. MUNICIPAL BOARD ' . • ORDER DATED • ' _ _ _ .- O.M.B. FILES: R920388, 0930112) • . . _ . ... , •