HomeMy WebLinkAboutBy-law 4013/92 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 4013/92
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)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
permit the development of an apartment building containing up to 201 residential units on the
subject lands in Part of Lot 17, Concession 1, specifically being Part of Lots 2, 3, 4, and 5,
Registered Plan 469, and Part of Lot 17, Concession 1, in the Town of Pickering;
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. $(~-IEDUI.I~S I AND II
Schedules I and II 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 "RHII-2" 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) (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 Unif' shall mean one or more habitable rooms occupied or capable of
being occupied as a single, independent and separate housekeeptng unit
containing a separate kitchen and sanitary facilities;
(c) "~" 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.
5. PROVISIONS
(1) Uses Permitted CRHII-2" Zone)
No person shall within the lands designated "RHII-2" 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
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(2) Zone Requirements ("RHII-2" Zone)
No person shall within the lands designated "RHII-2" 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) NUMBER OF DWELLING UNITS:
No less than 146 and no more than 201 dwelling units shall be permitted.
(b) BUILDING RESTRICTIONS:
A No building, part of a building, or structure, except an underground parking
structure shall be erected unless it is located wholly within the building
envelope illustrated on Schedule II attached hereto.
B No buil.ding, part .o.f a bu. ilding, or structure shall be erected that exceeds
the maximum building height illustrated on Schedule II attached hereto.
C No underground parking structure or part thereof shall be erected within
the minimum setback of such structure from the street line illustrated on
Schedule II attached hereto.
(c) 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 temporaryparking of vehicles, but shall not
include any portion of a parking msle 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 1.2parking
spaces per.dwelling unit for residents, and 0.3 parking space per dwelling
unit for v~s. itors. 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, under, ground
parking aisles and ramps leading thereto shall have a rmnimum
perpendicular width of 5.7 metres;
D Clauses $.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 "RHII-2" 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.
(d) SPECIAL REGULATIONS
A Notwithstanding section 5.7 of By-law 3036, as amended, and clauses
5.(2)(b)A and C of this by-law, buildings, structures, and fences associated
with permitted mechanic.al, recreational, security, parking and other
ancillary residential facilines may be permitted outside the limits of the
building envelope and within the minimum setback of an underground
~arking structure from the street line illustrated on Schedule II attached
ereto;
B All entrance and service driveways abutting residential zones shall be set
back a minimum of 2.5 metres from the property line.
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(3) Holding Provisions ("(H)" Symbol)
Prior to an amendment to remove the "(H)" Holding symbol preceding the zone
category "RHII-2", the following condition must be met:
(a) an .agreement between the Town of Picketing and the owner of the lands to
whmhthe "(H)" - Holding symbol applies, to provide for the development
thereof for the purpose of apartment dwelling residential uses in accordance
with theprovisions of subsection 5(2) of this by-law, shall be entered into and
registeredon title to the lands.
6. BY-LAW 3036
By-law 3036, as amended, is hereby furt.her amended only to the extent necessary to give
effect to the provisions of this By-law as ~t applies to the ar. ca set out in Schedules I and II
attached hereto. Definitions and subje.ct matters not specffically dealt with in this By-law
shall be governed by the relevant provisions of 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 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.
8. EFFF_,CITV~ DATE
This By-law shall take effect from the day of passing hereof, subject to the approval of
Amendment No. 66 to the Picketing District Plan by the Ministry of Municipal Affairs,
and subject to the approval of the Ontario Municipal Board, if reqm'red.
READ A FIRST AND SECOND TIME THIS 29th DAY OF June ,1992.
READ A THIRD TIME AND PASSED THIS 29th DAY OF/Q/4'~ne ,1992.
: WAYNE ARTHURS /~
TOWN OF
APPROVED _
AS TO FORM
CLERK ' ~
~ / BRUCE J. TAYLOR
LEGAL DE~T.
SCHEDULE [ TO BY-LAW 4013/92
PASSED THIS 29th
DAY ,~e ffff~09a
MINIMUM SETBACK OF
~'I UNDERGROUND PARKING
STRUCTURE FROM STREET LiNE
...... BUILDING ENVELOPE
SCHEDULE [I TO BY-LAW~4013/92
PASSED THIS 29th
DAY OF v June.?
MAYOR' ~ -
CLERK
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11 C ewe�-�
PICKERING "1 0"' (Iy3
March 5, 1993
M
TCorporation `/
of the
Town of Pickering -
The Honourable Ed Philip RECEIVED
Mayor's office
(416)4204600 Minister of Municipal Affairs
Pickering Civic ComplexOne The Esplanade
17th Floor MAR 10 1993
Plokerin Ontario 777 Bay Street
9
Canada,11V 6K7 Toronto, Ontario.
(416 6` 63-27760 M5G 2E5 TOWN OF PICKERING
Fax(416)420-6064 PLANNING DEPARTMENT
Dear Mr. Philip:
Please be advised that the Council of the Town of
Pickering passed By-law Number 387319_1 on October 15, 1991
to adopt Amendment Number 66 to the District Plan for the
Town of Pickering to permit high density residential
development on the southeast corner of Kingston Road and
Southview Drive.
On June 29, _ 1992, Council passed Zoning By-laws 4012/92
and 4,013,%92_to implement Amendment Number 66 to permit an
apartment and townhouse complex on the subject lands. The
two Zoning By-laws were circulated in accordance with the
Planning Act and by letter dated July 29, 1992, an
objection to the passage of the By-laws and a request to
refer Amendment Number 66 to the Ontario Municipal Board
was received.
By letter dated August 7, 1992, the Town Clerk forwarded
an Affidavit to the Ontario Municipal Board enclosing the
letter of objection and other pertinent material required
by the O.M.B.
It has come to my attention that your staff are only now
preparing a letter for your signature to forward Amendment
Number 66 to the O.M.B. for consideration in conjunction
with Zoning By-law 4012/92 and 4013/92 .
. . . .Continued Page 2
Given the pressures on the O.M.B. t this point in time,
it is difficult to have heari gs scheduled within a
reasonable length of time. The seven month delay caused
by your staff only exasperates this problem to the
detriment of the Town of Pickering, the applicant and even
the objectors who are looking to have this matter settled.
This development is very important to the Town of
Pickering because it provides a stock of affordable
housing that is so badly needed by our residents at this
time and the development is on Kingston Road near the
boundary with the Town of Ajax and is seen as being at the
gateway to Pickering.
This development is so important to the Town that myself,
along with another Member of Council and the Director of
Planning, met with Dale Martin to seek his assistance in
expediting the hearing by the Ontario Municipal Board. i
The applicant is also seeking an expedited hearing and the
Town will be supporting this request.
Based on the foregoing, I would ask that you immediately
forward Amendment Number 66 to the Ontario Municipal Board
and include a request that a hearing on this and the
Zoning By-laws be expedited.
If you require any further information with respect to
this matter, please do not hesitate to contact me.
Yours sincerely,
`• 7a..4i
Wayne Arthurs, Mayor
TOWN OF PICKERING
•
cc: Jim Wiseman, MPP
Dale Martin, Provincial Facilitator
M. Michael, Commissioner of Planning, Region of
Durham
John Sewell
DILHARA HOMES RECEIVED
215 MILVAN DRIVE RB 121993
WESTON, ONTARIO
M9L 2A3
(416) 748-3405 Tow:u :,- A;CRING
PLAN�:E^.G DEPARTMENT
FAX # 745-2310
February 11 , 1993
DELIVERED
Town of Pickering
1 The Esplanade
Pickering, Ontario
L1V 6K7
Attention: Mayor Wayne Arthurs
Re: 777934 Ontario Inc.
Gates of Pickering
Town of Pickering Zoning By-Law(s)
Numbers 4012/92 and 4013/92;
O.M.B. File No. R920388
Dear Sir:
As you are aware, the above-noted project was approved by
Council last summer.
Subsequently, an objecton was filed.
A hearing date has not as yet been set. We understand that
this date could be in several months or more, as there is a
substantial waiting list at the O.M.R.
The final approval of this development will have major
benefits to all concerned. The community as a whole would be the
recipient of the resultant levies, jobs and taxes.
Positive progress would be made on alleviating the impact of
the recession.
. . .2
-%-
We would ask for the support of the Town in requesting an
earlier hearing date and hope that you will pursue same soonest.
Thank you.
Yours truly,
DILHARA HOMES
Per:7
Phil Weinstein
c. c. Regional Councillor Maurice Brenner
Regional Councillor Richard Johnson
Regional Councillor Kip Van Kempen
Ward 1 Councillor Doug Wellman
Ward 2 Councillor Eileen Higdon
Ward 3 Councillor Enrico Pistritto
►'Mr. Neil Carroll
Director of Planning
4
i�in
ICKERING
46.
RECEIVED
he Corporation \IJG 1 0 1992
f the
own of Pickering B 2310 - A 28/90 August 7, 199
lerk's Department TOWN OF PICKERING
116)420-4611 PLANNING DEPARTMEKT
ickering Civic Complex Ontario Municipal Board
hie The Esplanade
'ickering,Ontario 180 Dundas Street West
.anada,L1v 61(7
i16)420-2222 Toronto, Ontario
116)683-2760 M5G 1 E5
ax(416)420-0515
Subiect: Town of Pickering Zoning By-laws 4012/92 and , 013/92
Please find enclosed my Affidavit including Exhibits "A" to "I"
indicating that the period of circulation for Town of Pickering
Zoning By-laws 4012/92 and 4013/92 has expired.
If you have any questions 'th respect to this matter, please
contact Mr. eil Carroll rector of Planning at 420-4617.
•
Bruce Tay or, AMCT, CMM
Town Clerk
Encl.
c.c. - Mr. N. Carroll, Director of Planning
s IN THE MATTER OF Section 34
of the Planning Act
sr
and
•
IN THE MATTER OF an application
by The Corporation of the Town
of Pickering for approval of its
• Zoning By-laws 4012/92 and 4013/92
AFFIDAVIT
I, Bruce Taylor, of the Town of Pickering in the Regional Municipality of
Durham, make oath and say as follows:
•
1. I am the Clerk of the Town of Pickering.
2. On July 10, 1992, I caused to be mailed by prepaid first class mail a
Notice of the Passing of By-laws 4012/92 and 4013/92 together with the
purpose and effect of the by-law and key map indicating the location of
the subject property affected by By-laws 4012/92 and 4013/92, a copy of
which is attached as Exhibit "A", to those persons set out on a list
attached as Exhibit "B" being those owners of land within 120 metres of
the area affected by By-laws 4012/92 and 4013/92.
3. On July 10, 1992, I caused to be mailed by prepaid first class mail a
Notice of the Passing of By-laws 4012/92 and 4013/92 together with a copy
of By-laws 4012/92 and 4013/92 a true copy of which is attached as Exhibit
"C", to those persons set out on a list pursuant to section 34(15) ,
attached as Exhibit "D".
4. Pursuant to Section 34(23) (c) , a true copy of Town of Pickering Planning
Reports #9/92 dated May 11, 1992 and #22/91 dated yAugust 6, 1991 are
attached as Exhibit "E" and "F".
5. One letter of objection to By-laws 4012/92 and 4013/92 has been received
and is attached as Exhibit "G".
6. To this date no further letters of support or objection have been filed by
any person in the Office of the Clerk or to the best of my knowledge and
belief with any other employee or officer of the municipality.
7. Pursuant to subsection 34(12) , the public meeting requirements have been
complied with and attached as Exhibit "H" is a true copy of the Statutory
Public Meeting minutes of February 11, 1991 and October 15, 1991. •
8. The minutes of the Council Meeting of June 29, 1992 is attached as Exhibit
"I".
SWORN before me at the )
Town of Pickering, in )
the Regional Municipality ) 7
of Durham this 4th day )
of August, 1992. )
1. Bruce Taylor
)
)
/.11 )
4 .,,,� � .,1.
A Commissioner, etc.
• DAYLE MARGARET CAMERON.S
Commissioner.etc.,Regional
Municipality of Durham,for lbs
Corporation of the Town of Nolan*
Expires S•ptembit22.1216. A
moi, ; r
rat) loS 1 FOLIO* 91(1 151 ,f -'`_' _ _ • ,'
parvo ICCIIF HATE - R 920388
#'fir ��- - O 930112
REB 2 Q 1995 '�`
Ontario
ost(IGgc,./ I FOLIO#( 4O ( 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 PICK£RING
PLANNING DEPARTMENT
against Zoning By-law 4012/92 and 4013/92 of the
Town of Pickering
OMB File No. R 920388
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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
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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 (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
.
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contamination matter seems to be related to the presence of construction debris
1
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
. ISEN
MEMBER
t R920388
0930112
W11314 .
ullimiNstssem
• Ontario
Ontario Municipal Board -
Commission des affaires municipales de 1'Ontario
• SCHEDULE"A"TO THE ORDER OF THE ONTARIO MUNICIPAL BOARD. MMI:UN ::
THE DAY OF ,1995. ,
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•Th1E CORPORATION OF THE TOWN OF PICKERINC • f..:
ynl t%..
DY-LAW NUMBER • ••
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I'; I•: It; •t .... 3 S.
. :
Being a Bylaw to amend Restricted Area(Zoning)Bylaw 3036.1ns amended.to i
• implement the Official Planlbf the Towntof•Piekering:District•Planning Area,
•
• Region of Durham in Part of Lot 17,Concession I,being Part bf Lots 2,3.4.and
5, Registered Plan 469, and Part of Lot 17,'Corietssion..1i''iii the 'fawn of
Pickering. (OPA 88.094/P;A 28/90)'"
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HFDULF.j - •,�:1,t:• .!:iru . • ;•
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Schedule 1 attached hereto With imitations'and references shown•thereon are hereby declared
. to be part of this By-law. ' • • .:' : • It: .t •.. •!v..,.': :; ,..: i 1
2. Art A-RtESTFtlf'TFD
The provisiuns of this By-law shall apply to those lands in Part or l.nt 17.Concession I,
designated "SI" and "MD-Hl" on Schedule I attached hereto, whether or not that
designation is accompanied by any bracketed symbol.•
I• ::4•ion%i ,. .• '
• .. . 1' :t:•1,..i :: .. ,:r.,•:: . .
3. •CENERAL,P$t.QYISRON .• i , I . Ii :,•. ti ..--!••••:, •-•::., ., 1•
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•
No building, land or parl'thereof'ihall hereafter be tried, occupied, erected. rr. d nr l i.._
:taltered excc t in confomtit'y with'the provision;df.thii Bylaw. IoveI
structurally . p' .. t•. ..r• ,:It.3,:ni{::,!: tr:-:.'I;`:,`ist:!.•. {.
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4. nFFIN1TTr!M •
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• . ;t I..t! .1 :1: •!: ..•-res .r:.''1.`• .
17
in this Bylaw, .'.
(1) "ftuikt•to.7nnr" shall mean an irci of land in which all or part of a building of } i
buildings is to be located: '
:1•: t t
(2) (a) "lydline shall mean a building or part of a building contmitting one or more
dwelling units,but does not include a mobile home or trailer:
11. [:.
• I .,f
.(b) "D..•.Ilint 1 Init"shall mean one or rrere habitable:corns orctTied n:cr p—, •••
being occupied as:a'single,•inder_nrcrt•and separate l:our•et:eep*ng t:::: i : `
• e
containing a separate kitci:er•and sanity. facilites: . .
(c) "�:2"hSG --'..Iia=" shr.l mean a siriel:'dwclii ., which is L•cc::a•:ci••�
'• separate and do:ached item ether main buiidirgs o:s:ru-tu.es: i
r.
!iu._ or ::nae d+�^" 1 .:`"
(d) "strut^" aY•)ling " Shall mean a building contain:. �i
I l; vcrics;i , cr both, I•} .r.ve r:a': w:li ! _
units attached horxcnt:' or
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R92038?
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(3) (a) "Fluor Area-Residential" shall mean the area of the floor surface contained II, t
n • within the outside walls of a storey or part of a storey;
r
(b) " ros•Floor Area-Rden
esitial"shall mean the aggregate of the floor areas of all 1j
` Gstoreys of.a building or structure;or part thereof as the case may be,other than a
private garage,,an attic or a cellar; r
" III
. (4) "Private fi rarg"shall mean an enclosed or partially enclosed structure for the storage
ut•one or more vehicles, in which structure no business or service is conducted
11
fur profit or otherwise; H
1
(5) (a) "Yard" shall mean an area of land which is appurtenant to and located on the I'
ril sonic lot as a building or structure and is open,uncovered and unoccupied above
9
h ground except for such accessory buildings, structures, or other uses as are
11
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!I (b) " ry int Yard" shall mean a yard extending across the full width of a lot between P
jthe front lot line of the lot and the nearest wall of the nearest main building or II l
..i structure on the lot; L.J
j (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
iI building or structure on the lot; e
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,I
II
(d) "Rear Yard" shall mean a yard extending across the full width of a lot between
I
the rear lot line of the lot,or where there is no rear lot line,the junction point of
tthe side lot lines, and the nearest wall of the nearest main building or structure
.
on the lot;
I
It :
(e) "hear Yard Depth" shall mean the shortest horizontal dimension of a rear yard
liof 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 i'
I; structure on the lot;
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(I) ",Side Yard'` shall mean a yard of a lot extendnig from the front yard to the rear II...
�I yard and from the side lot line to the nearest wall of the nearest main building or -. ;" 5
structure on the lot; �,!
I• ' (g) "tilde 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 �+
iibuilding or structure on the lot;
r....... .. .
4
h5. J'120YISIONSr---:
j
. • „..,......(I) uses Permitted("SI"Zone)
• l Nu person shall within the lands designated"S I" on Schedule I attached hereto,use
I) any lot or erect, alter or use any building or structure for any purpose except the
fulluwing:
1, _
t
I (a) detached dwelling
i ,
I
-3-
11 (2) ?_one Renuirements("S I".Zone)
192.588
I
1 No person shall within the lands designated "S1" on Schedule I attached hereto, use 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): • 450 square metres.
1
(b) LOT FRONTAGE(minimum): 15.0 metres.
(c) FRONT YARD DEPTH(minimum): 4.5 metres. i .
Ni1 (d) SIDE YARD WIDTH(minimum): 1.2 metres on one side and 0.6
metres on the other side.
,I ,
I
(e) REAR YARD DEPTH(minimum): 7.5 metres. I.
(f) PARKING(minimum): there shall be provided on each lot II
. one private garage that is attached to
• the detached dwelling, and having a
vehicular entrance which shall be i •
• located not less than 6.0 metres from
' • the front lot line. II
(g) BUILDING HEIGHT(maximum):' ' ' 12.0 metres. II
ii II.
(h) LOT COVERAGE(maximum):• '' 38 percent. I 1'
r
gli (i) DWELLINGS(maximum): no more than one detached dwelling II
Ihaving a minimum gross floor area
residential of 100 square metres shall
11 be permitted on a lot. I •
i.
I
(j) SPECIAL REGULATION: no part of any attached garage shall
I.
j1 •' •'extend more than 3.0 metres beyond ,
the front wall of the dwelling to
which it is attached. l''
. •• , i:.: .i .. i; li. .
d :.. .
i1 (3) Uses Permitted("MD-HI"Zone) I�
0 . . . . .., .'‘ •• •
No person shall within the lands designated"MD-Hl.".on Schedule I attached hereto, .
II use any lot or erect,alter or use any building or structure for any purpose except the
14 following: ' •
ll (a) multiple dwelling (1
II (4) Zone Reayireme�("MD-ill"Zone) •
0No 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:
. . ••'I:•n il•f ' n n:, .. f. : II
(a) DWELLING REQUIREMENTS: ' '1
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. .
•
•
II
it s
R921388
r
-4-
b
(b) I3UILD1NG RESTRICTIONS: r
A. Building Location and Setbacks
4
• (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
Libuilding 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
1 part of a building or buildings containing dwelling units;
6
•
G '
,t,
(iii) Nowithstanding clause, (ii) above, any structure, or part of a
,, structure required for below-grade parking can be set back a
II minimum of 0.5 metre from the property line with Southview it •
•
Drive;
• (iv) Buildings and structures not located along the Kingston Road a,id �I
ii
Southview Drive frontages shall comply with the minimum J
• 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 N.
+I front Notion Road,the multiple dwelling building shall be set back •;
a minimum of 3.0 metres from the property line; ti ler
t r
(vi) Notwithstanding clause(iv)above,when the end-wall of a multiple � f1:
dwelling building is parallel to the property line with the lands that
front Southview Drive, the multiple dwelling building shall be set v�
• back a minimum of 5.0 metres from the property line; ''' •
li
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
i this clause, the angle of divergence means the acute angle formed •
by and lying between the wall or its projection: and the property 1—.6:
lill . ne; ;cask
i \d/J1
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(viii) The horizontal distance between multiple dwelling buildings shall 1!:..;
it 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!attached hereto. *it
1 ti I:
• 13. Building Height • i',.:A
I
(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 f
hereto. Buildings located elsewhere on the lands
,�,,,,�
designated "MD-H1" shall have a minimum height '"T-"'
of 9.0 metres. iZ.
i (ii) Maximum: 18.0 metres and 4 - storeys of habitable space for
buildings located within the Build-to-Zone or along
Ik •
the Build-to-Line illustrated on Schedule I attached .1
hereto. Buildings located elsewhere on the lands c
' designated "MD-H1" shall have a maximum height
of 12.0 metres.. "'`+
•
1.
4 r
I .
FA, 8903::
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5 `
di (iii) For the purpose of this subsection, building height shall mean the
vertical distance between the established grade and the highest111 I !
point of the roof surface or parapet. A penthouse tower, cupola.
steeple or other roof structure which is used only as an ornament I ''
upon or to house mechanical equipment of any building shall he
disregaded in calculating building height. I r
(c) PARKING REQUIREMENTS: : • I `
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 •
Fj 5.3 metres in length for the temporary parking of vehicles, but shall not it
include any portion of a parking aisle or driveway; '
it `
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 ;�
provided and maintained on the lands, a minimum of 1.2 parking spaces 1
per dwelling,and 0.3 parking space per dwelling for visitors;
0IC. Notwithstanding clauses 6.5.b)and 6.5 c)of By-law 3036,as amended, for iu
developmentI that provides resident parking in a private garage, there shall �
id 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),a5.21 designated, nd5.21.2i)i 1 f
to
By-law 3036, as amended, shall not apply,
rill . .
on Schedule I attached hereto; I
E. Notwithstanding clauses 5.21.2g) and 5.21.2k) of By-law 3036, as
O. 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 7..one
I
category"MD-H1",the following condition must be met: ,i
M (a) A site plan agreement ur:..er 3e‘tivn 11 of the Planning_ Act, R.S.O. 1990 •
c.p.13, or any successor thereto, shall be entered into between the Town of
1-.'
Pickering and the owner of the lands to which the "(II)" • tickling Symbol
applies, and registered on title to the lands, to provide for the developmentthereof 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 G f
( ) accordance with the guidelines of the Development Plan for the Town Centre •ICommunity-Brock East Neighbourhood in effect at the time of development
of the lands to which the"(H)"-Holding Symbol applies.6. EFFECTIVEDATE
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 •
09;0112
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-+ MINWUM SETBACK • '• '•/
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(3.0m TO 7.5m)
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SCHEDULE I TO BY-LAW
AS MADE BY : ' • • '-
ONTARIO. MUNICIPAL BOARD '
ORDER• DATED
(0 M.B. FILES: R920388, 0930112)
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SEP 0 9 1994 k *'rIc R 920388
O 9301$2
OB# • • FOLIO# .S Ontario
Ontario Municipal Board RECEIVED
Commission des affaires municipales de ('Ontario SEP 13 1994
1 7 11 V'j I: i Williams and other residents have appealed
J ��- i i D.D.! pp TOWN OF PICKERING
\ � to the Ontario Municipal 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
'` .'N' C I " '� OMB File No. R 920388
P;CX_S1NL..CUT:rliO
- 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
a..
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.
C
.
� C. BEACH
---MEMBE
l