HomeMy WebLinkAboutBy-law 5690/00 THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NUMBER
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement
the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of
Lot 20, Concession 1, in the City ofPickering. (OPA 97-007/P; A 30/97; 18T-97029)
WHEREAS the Ontario Municipal Board deems it desirable to permit the development of a
range of dwelling types and recreation complex uses on the subject lands, being Part of
Lot 20, Concession 1, in the City of Picketing;
AND WHEREAS an amendment to By-law 3036, as amended, is deemed necessary by the
Ontario Municipal Board;
NOW THEREFORE THE ONTARIO MUNICIPAL BOARD ENACTS AS
FOLLOWS:
1. SCHEDULE I
Schedule I attached hereto with notations and references shown thereon is hereby
declared to be part of this By-law.
2. AREA RESTRICTED
Notwithstanding any of the provisions of By-law 3036, the provisions of this By-law
shall only apply to those lands in Part of Lot 20, Concession 1, Pickering, designated
"RMM-3", "SD-5", "SD-6", "SD-6-1" and "RC" on Schedule I attached hereto.
3. DEFINITIONS
In this By-law,
(1) "Build-to-zone" shall mean an area of land in which all or part of a building
elevation of one or more buildings is to be located;
(2) "Convenience Store" shall mean a building or part of a building containing a
retail store in which food, drugs, periodicals or similar items of day-to-day
household necessity are kept for retail sale, primarily to residents of or persons
employed in the immediate neighbourhood;
(3) "Day Nursery" shall mean lands and premises duly licensed pursuant to the
provisions of the Day Nurseries Act, or any successor thereto, for use as a
facility for the daytime care of children;
(4) (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) "Dwelling, Semi Detached or Semi-Detached Dwelling" shall mean one
of a pair of single dwellings, such as dwellings being attached together
horizontally in whole or in part above grade, below grade, or both above
and below grade;
d) "Accessory Living Space" shall mean one or more habitable rooms,
accessory to a permitted residential use, which is not located in the main
building on the lot and which is not capable of being occupied as an
independent and separate housekeeping unit and which shall not contain
any plumbing, kitchen and sanitary facilities;
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(e) "Multiple Dwelling-Horizontal" shall mean a building containing three
or more dwelling units attached horizontally, not vertically, by an above-
grade wall or walls;
(0 "Multiple Dwelling-Vertical" shall mean a building containing three or
more dwelling units attached horizontally and vertically by an above
grade wall or walls, or an above grade floor or floors or both;
(5) "Floor Area - Residential" shall mean the aggregate of the floor areas of all
storeys of a building or structure or part thereof as the case may be, other than
a private garage, an attic or a cellar;
(6) "Floor Space Index" shall mean the ratio of the aggregate of the floor areas of
the specified use or uses established or to be established in a zone, to the area
of that zone;
(7) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of
all storeys of a building or structure, or part thereof as the case may be, other
than a private garage, an attic or a cellar;
(8) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all
storeys above or below established grade, designed for owner or tenant
occupancy or exclusive use only, but excluding storage areas below
established grade;
(9) (a) "Lot" shall mean an area of land fronting on a street which is used or
intended to be used as the site of a building, or a group of buildings, as
the case may be, together with any accessory buildings or structures, or a
public park or open space area, regardless of whether or not such lot
constitutes the whole of a lot or block on a registered plan of
subdivision;
(b) "Lot Coverage" shall mean the percentage of lot area covered by all
buildings on the lot;
(c) "Lot Frontage" shall mean the width of a lot between the side lot lines
measured along a line parallel to and 7.5 metres distant from the front lot
line;
(10) "Parking Space" shall mean a useable and accessible area of not less than 2.6
metres in width and 5.3 metres in length for the temporary parking of vehicles
but shall not include any portion of a parking aisle;
(11) "Personal Service Shop" shall mean a building or part of a building in which a
personal service is performed and which may include a barber shop, a beauty
salon, a shoe repair shop, a tailor or dressmaking shop or a photographic
studio, but shall not include a body-mb parlour as defined in section 221
(9)(b) of the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time
to time, or any successor thereto;
(12) "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;
(13) "Professional Office" shall mean a building or part of a building in which
medical, legal or other professional service is performed or consultation given,
and which may include a clinic, the offices of an architect, a chartered
accountant, an engineer, a lawyer or a physician, but shall not include a
body-mb parlour as defined in section 221 (9)(b) of the Municipal Act, R.S.O.
1980, Chapter 302, as amended from time to time, or any successor thereto;
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(14) "Recreation Facility" shall mean a place designed and equipped for the
conduct of sports, leisure time activities and other customary and usual
recreational activities, and uses accessory thereto;
(15) (a) "Yard" shall mean an area of land which is appurtenant to and located on
the same lot as a building or structure and is open, uncovered and
unoccupied above ground except for such accessory buildings,
structures, or other uses as are specifically permitted thereon;
(b) "Flankage Side Yard" shall mean a side yard immediately abutting a
street or abutting a reserve on the opposite side of which is a street;
(c) "Flankage Side Yard Width" shall mean the shortest horizontal distance
of a flankage side yard between the lot line adjoining a street or abutting
on a reserve on the opposite side of which is a street and the nearest wall
of the nearest main building or structure on the lot;
(d) "Front Yard" shall mean a yard extending across the full width of a lot
between the front lot line of the lot and the nearest wall of the nearest
main building or structure on the lot;
(e) "Front Yard Depth" shall mean the shortest horizontal dimension of a
front yard of a lot between the front lot line and the nearest wall of the
nearest main building or structure on the lot;
(f) "Rear Yard" shall mean a yard extending across the full width of a lot
between the rear lot line of the lot, or where there is no rear lot line, the
junction point of the side lot lines, and the nearest wall of the nearest
main building or structure on the lot;
(g) "Rear Yard Depth" shall mean the shortest horizontal dimension of a
rear yard of a lot between the rear lot line, or where there is no rear lot
line the junction point of the side lot lines, and the nearest wall of the
nearest main building or structure on the lot;
(h) "Side Yard" shall mean a yard of a lot extending from the front yard to
the rear yard and from the side lot line to the nearest wall of the nearest
main building or structure on the lot;
(i) "Side Yard Width" shall mean the shortest horizontal dimension of a
side yard of a lot between the side lot line and the nearest wall of the
nearest main building or structure on the lot.
5. PROVISIONS ("SD-5", "SD-6" and "SD-6-1" Zones)
(1) Uses Permitted ("SD-5", "SD-6" and "SD-6-1" Zones)
No person shall, within the lands designated "SD-5", "SD-6" and "SD-6-1" on
Schedule I attached hereto, use any lot or erect, alter or use any building or
structure for any purpose except the following:
(a) semi-detached dwelling;
(2) Zone Requirements ("SD-5", "SD-6" and "SD-6-1" Zones)
No person shall, within the lands designated "SD-5", "SD-6" and "SD-6-1" 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) LOT AREA (minimum):
A on lands designated "SD-5": 210 square metres
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B on lands designated
"SD-6" and "SD-6-1": 225 square metres
(b) LOT FRONTAGE (minimum):
A on lands designated "SD-5": 9.0 metres
B on lands designated
"SD-6" and "SD-6-1": 7.5 metres
(c) FRONT YARD DEPTH:
A on lands designated
"SD-5" and "SD-6" (minimum): 3.0 metres
(maximum): 4.5 metres
B on lands designated
"SD-6-1" (minimum): 3.0 metres
(maximum): 7.5 metres
(d) SIDE YARD WIDTH (minimum): 1.2 metres except,
A where the side lot line abuts a public walkway in which case it
shall be 0.6 metres; and
B on the side where dwellings on adjacent lots are attached, no side
yard is required, provided any wall other than the common wall
that is on the side of the lot upon which the dwellings are attached,
shall be set back from the lot line separating such lots as follows:
(i) 1.2 metres measured perpendicularly to such side lot line if
no side yard is provided on the abutting lot; or
(ii) 0.6 metres measured perpendicularly to such side lot line if a
side yard is provided on the abutting lot.
(e) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres
(f) REAR YARD DEPTH (minimum):
A on lands designated "SD-5": 6.0 metres
B on lands designated
"SD-6" and "SD-6-1":
(i) where there is no contiguous
rear lane: 7.5 metres
(ii) where there is a contiguous
rear lane: 12.5 metres
(g) LOT COVERAGE (maximum):
A 40 percent for all buildings and structures on a lot;
B Despite clause A above and the provisions of Section 5.18 of
By-law 3036, as amended, where a single storey covered porch or
verandah having no habitable space in or above it is attached to the
wall containing the main entrance to the dwelling unit, such porch
or verandah shall be excluded from the calculation of lot coverage;
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C The total lot coverage of all accessory buildings, excluding
detached private garages with or without accessory living space,
shall not exceed five percent;
D Despite clauses A and C above, where a detached private garage
not exceeding 38 square metres in area, with or without additional
accessory living space above, is constructed in the rear yard of a
lot, such detached private garage shall be excluded from the
calculation of lot coverage;
(h) BUILDING HEIGHT:
A (maximum): 13.0 metres and 4 storeys
B (minimum): 8.5 metres and 2 storeys
(i) DWELLING UNIT REQUIRI~MENTS:
A minimum gross floor area - residential: 100 square metres;
B a minimum of 110 semi-detached dwelling units shall be
permitted.
(j) ACCESSORY BUILDINGS AND ACCESSORY LIVING SPACE:
A Despite Section 5.18(0 of By-law 3036, as amended, accessory
living space may be located in the second storey above a private
garage served by a contiguous rear lane;
B Despite Section 5.18(e) of By-law 3036, as amended, the
maximum building height of detached accessory buildings or
structures which contain accessory living space in the second
storey shall not exceed 7 metres;
C Accessory living space may be accessed by an internal stairway
from a private garage or an external stairway.
(k) OBSTRUCTION OF YARDS:
Covered porches, verandahs and entrance flankage features, the floor of
which is not more than 1.5 metres above the grade of the adjacent front,
rear or flankage side yard, may project no more than 1.5 metres into any
front or rear yard and 1.0 metres into any flankage side yard.
(1) MINIMUM OFF-STREET PARKING REQUIREMENTS:
A Semi-detached dwelling:
(i) Where there is no contiguous rear lane:
one private garage shall be provided per lot, any vehicular
entrance of which shall be located not less than 5.8 metres
from the front lot line, and not less than 5.8 metres from any
side lot line immediately adjoining or abutting a reserve on
the opposite side of which is a street;
(ii) Where there is a contiguous rear lane:
a minimum of two parking spaces shall be provided per lot, at
least one of which shall be located within a private garage,
any vehicular entrance to which shall be located not less than
0.5 metres from the rear lot line, and not more than
1.5 metres from the rear lot line and shall not be closer than
8.0 metres from the opposite boundary of the lane;
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(iii) Despite Section 5.18(b) of By-law 3036, as amended, private
garages served by a contiguous rear lane that are attached
above grade by a common wall may be located 0 metres from
the side lot line.
(m) SPECIAL REGULATIONS (semi-detached dwelling):
A In the case of lots abutting a public street or immediately adjoining
or abutting a reserve on the opposite side of which is a public street
and served by a contiguous rear lane, the front lot line shall be the
public street;
B Despite the definition of "Dwelling, Semi-Detached" in Section
4.(1)(d), semi-detached dwellings erected in the "SD-5", "SD-6"
and "SD-6-1" Zones shall be attached above grade by a common
wall which extends from the base of the foundation to the roof line
and for a horizontal distance of not less than 3 metres;
C Maximum Width of Garage Entrance not served by a contiguous
rear lane:
(i) on lands designated "SD-5": 3.9 metres
(ii) on lands designated
"SD-6" and "SD-6- l": 3.1 metres
6. PROVISIONS ("RMM-3" Zone)
(1) Uses Permitted ("RMM-3" Zone)
No person shall, within the lands designated "RMM-3" on Schedule I attached
hereto, use any lot or erect, alter or use any building or structure for any
purpose except the following:
(a) multiple dwelling - horizontal;
(b) multiple dwelling - vertical;
(c) convenience store;
(d) day nursery;
(e) personal service shop; and
(f) professional office;
(2) The provisions of this By-law shall apply to the lands designated "RMM-3"
on Schedule I attached hereto notwithstanding its division into 2 or more
parcels;
(3) Zone Requirements ("RMM-3" Zone)
No person shall, within the lands designated "RMM-3" 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) LOT AREA (minimum):
A multiple dwelling - horizontal: 160 square metres
B multiple dwelling - vertical: 2,500 square metres
(b) LOT FRONTAGE (minimum):
A multiple dwelling-horizontal: 5.4 metres
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(c) FRONT YARD DEPTH:
A multiple dwelling-horizontal:
(i) minimum: 3.0 metres
(ii) maximum: 4.5 metres
(d) SIDE YARD WIDTH (minimum):
A multiple dwelling - horizontal: 1.2 metres except
(i) Where the side lot line abuts a public walkway in which case
it shall be 0.6 metres; and
(ii) On the side where dwellings on adjacent lots are attached, no
side yard is required, provided any wall other than the
common wall that is on the side of the lot upon which the
dwellings are attached, shall be set back from the lot line
separating such lots as follows:
I 1.2 metres measured perpendicularly to such side lot
line if no side yard is provided on the abutting lot; or
II 0.6 metres measured perpendicularly to such side lot
line if a side yard is provided on the abutting lot.
(e) FLANKAGE SIDE YARD WIDTH (minimum):
A multiple dwelling - horizontal: 2.7 metres
(f) REAR YARD DEPTH (minimum):
A multiple dwelling - horizontal:
(i) Where there is no contiguous
rear lane: 6.0 metres
(ii) Where there is a contiguous
rear lane: 12.5 metres
(g) LOT COVERAGE (maximum):
A multiple dwelling - horizontal:
(i) 50 percent for all buildings and structures on a lot;
B Despite clause A above and the provisions of Section 5.18 of
By-law 3036, as amended, where a single storey covered porch or
verandah having no habitable space in or above it is attached to the
wall containing the main entrance to the dwelling unit, such porch
or verandah shall be excluded from the calculation of lot coverage;
C The total lot coverage of all accessory buildings, excluding
detached private garages with or without accessory living space,
shall not exceed five percent;
D Despite clauses A and C above, where a detached private garage
not exceeding 38 square metres in area, with or without additional
accessory living space above, is constructed in the rear yard of a
lot, such detached private garage shall be excluded from the
calculation of lot coverage;
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(h) ACCESSORY BUILDINGS AND ACCESSORY LIVING SPACE:
A multiple dwelling - horizontal:
(i) Despite Section 5.18(d) of By-law 3036, as amended,
accessory living space may be located in the second storey
above a private garage served by a contiguous rear lane;
(ii) Despite Section 5.18(e) of By-law 3036, as amended, the
maximum building height of detached accessory buildings or
structures which contain accessory living space in the second
storey shall not exceed 7 metres;
(iii) Accessory living space may be accessed by an internal
stairway from the private garage or an external stairway.
(i) OBSTRUCTION OF YARDS:
A multiple dwelling - horizontal:
Covered porches, verandahs and entrance flankage features, the
floor of which is not more than 1.5 metres above the grade of the
adjacent front, rear or flankage side yard, may project no more
than 1.5 metres into any front or rear yard and 1.0 metres into any
flankage side yard.
O) BUILDING LOCATION AND SETBACKS:
A multiple dwelling - vertical:
(i) For the purpose of this clause, the building envelope and
build-to-zone abutting the north side and west side of the
lands shown on Schedule I attached hereto shall be measured
from said property lines;
(ii) No multiple dwelling-vertical shall be erected outside the
building envelope shown on Schedule I attached hereto;
(iii) No building or part of a building or structure shall be erected
within Area A, as shown on Schedule I, unless 75% of the
length of the build-to-zone contains a building or part of a
building or structure;
(iv) No building or part of a building or structure shall be erected
within Area B, as shown on Schedule I, unless 75% of the
length of the build-to-zone contains a building or part of a
building or structure;
(v) Any portion of a building or structure in excess of
16.0 metres in height shall be set back at least 1.0 metre from
the main wall of the building or structure which faces Valley
Farm Road or Kingston Road;
(vi) Notwithstanding any of the setback or build-to-zone
provisions of this By-law, underground buildings and
structures shall be setback a minimum of 0.5 metres from
property lines.
(k) BUILDING HEIGHT:
A multiple dwelling - horizontal:
(i) maximum: 13.0 metres and 4 storeys
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(ii) minimum: 8.5 metres and 2 storeys
B multiple dwelling - vertical:
(i) Within the area identified as Area A on Schedule I, the
minimum building height shall be 16 metres and 6 storeys
and the maximum building height shall be 35 metres and
10 storeys;
(ii) Within the area identified as Area B on Schedule I, the
minimum building height shall be 16 metres and 6 storeys
and the maximum building height shall be 48 metres and
15 storeys;
(iii) Despite the provisions of subsections (i) and (ii) above, a
minimum of one building or portion thereof within Area B
shall be at least 6 metres and 2 storeys in height greater
than any building within Area A;
(iv) The provisions of subsections (i), (ii), and (iii) above shall
not apply to any accessory buildings used for such purposes
as recreation, security, or other similar purposes;
(v) All maximum and minimum height measurements shall
exclude chimneys, antennae, elevator machine rooms,
mechanical penthouses, cupolas, steeples parapet walls and
other roof structures used only as an ornament upon or to
house mechanical structures.
(1) DWELLING UNIT REQUIREMENTS:
A multiple dwelling-horizontal: a maximum of 35 dwelling
units shall be permitted;
B multiple dwelling - vertical: a minimum of 273 dwelling
units shall be permitted;
a maximum of 400 dwelling
units shall be permitted;
(m) LANDSCAPED OPEN SPACE REQUIREMENT:
A multiple dwelling- vertical: landscaped open space shall
not be less than 10 percent of
the lot area;
(n) MINIMUM OFF-STREET PARKING REQUIREMENTS:
A multiple dwelling-horizontal:
(i) Where there is no contiguous rear lane:
one private garage shall be provided per lot, any vehicular
entrance to which shall be located not less than 5.8 metres
from the front lot line and not less than 5.8 metres from
any side lot line immediately adjoining or abutting a
reserve on the opposite side of which is a street;
(ii) Where there is a contiguous rear lane:
a minimum of two parking spaces shall be provided per
lot, at least one of which shall be located within a private
garage, any vehicular entrance to which shall be located
not less than 0.5 metres from the rear lot line, and not
more than 1.5 metres from the rear lot line and shall not
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be closer than 8.0 metres from the opposite boundary of
the lane;
(iii) Despite Section 5.18(a) of By-law 3036, as amended,
private garages served by a contiguous rear lane that are
attached above grade by a common wall may be located
0 metres from the side lot line;
B Multiple dwelling - vertical:
(i) There shall be provided and maintained a minimum of
1.2 below-grade parking spaces per multiple dwelling -
vertical dwelling unit for residents and a minimum of
0.3 of a parking space per dwelling unit for visitors;
(ii) There shall be provided and maintained a minimum of
4.5 parking spaces per 100 square metres of gross floor
area for all uses listed in Section 6(1) of this By-law
except for multiple dwelling - vertical and multiple
dwelling - horizontal and accessory living space. Non-
resident parking shall be provided at-grade, in a below-
grade structure or both;
(iii) All entrances and exits to parking areas and all parking
areas shall be surfaced with brick, asphalt or concrete, or
any combination thereof;
(iv) At-grade parking lots shall be permitted no closer than
3.0 metres from any public road;
(v) Notwithstanding any of the setback or build-to-zone
provisions of this By-law, underground buildings and
structures shall be setback a minimum of 0.5 metres from
property lines.
(o) SPECIAL REGULATIONS:
(i) Non-residential uses shall only be permitted within the first two
floors of a building containing multiple dwellings - vertical, which
shall be a minimum of 6 storeys, and 16 metres in height;
(ii) The maximum gross leasable floor area for each convenience
store, day nursery, personal service shop and professional office
shall be 250 square metres;
(iii) The aggregate gross leasable floor area for all non-residential
permitted uses shall not exceed 1,000 square metres;
(iv) In the case of lots abutting Valley Farm Road or immediately
adjoining or abutting a reserve on the opposite side of which is
Valley Farm Road, and served by a contiguous rear lane, the
front lot line shall be Valley Farm Road.
7. PROVISIONS ("RC" Zone)
(1) Uses Permitted ("RC" Zone)
No person shall within the lands designated "RC" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except for a recreation facility and uses accessory thereto;
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(2) Zone Requirements ("RC" Zone)
No buildings or structures shall be permitted to be erected, nor any existing
buildings or structures be modified or changed except where buildings or
structures are to be used for the purpose of a recreation facility and uses
accessory thereto.
8. MODEL HOMES
A maximum of ten Model Homes, together with not fewer than three parking spaces
per Model Home, may be constructed on the lands set out on Schedule I attached
hereto, prior to division of those lands by registration of a plan of subdivision.
For the purposes of this By-law, "Model Home" shall mean a dwelling unit used
exclusively for sales display and for marketing purposes, pursuant to an agreement
with the City of Pickering, and not used for residential purposes.
9. BY-LAW 3036
By-law 3036, as amended, is hereby further amended to give effect to the provisions
of this By-law as it applies to the area set out in Schedule I attached hereto. The
definitions and subject matters not specifically dealt with in this By-law shall be
governed by the relevant provisions of By-law 3036, as amended.
Clauses 5.9 and 5.22 of By-law 3036 shall not apply to the lands designated "SD-5",
"SD-6" and "SD-6-1" on Schedule I attached hereto;
Clauses 5.9, 5.21.2(a), 5.21.2(b), 5.21.2(d), 5.21.2(e), 5.21.2(0, 5.21.2(g), 5.21.2(i),
5.21.2(k), 5.22 and 6.5 (b) and (c) of By-law 3036 shall not apply to the lands
designated "RMM-3" on Schedule I attached hereto;
10. EFFECTIVE DATE
This By-law shall take effect from the date of the order of the Ontario Municipal
Board.
D-6
D-6-1
~ SD-
~' SD-6
~ RC
BUILD TO ZONE AREA
BUILDING ENVELOPE
20 0 25 50
Schedule I to By-law .~.~o,oo ~' ~' ~
E-9709-28zn
JUNE 3/99
N.T.S.
DECISION/ORDER NO: Commission
O$48
Graywood Development Ltd. has appealed to the Ontario Municipal'Board under subsection 34(11)
of the Planning Act, R.S.O. 1990, as amended, from Council's refusal or neglect to enact a proposed
zoning by-law amendment to Zoning By-law No. 3036, of the Town of Pickering to rezone the lands
comprising Part of Lot 20, Concession 1, from 'A' Rural Agricultural to an appropriate zoning to
implement draft plan of subdivision 18T-97029.
O.M.B. File No. Z980047
Town's File No. A30/97
Graywood Development Ltd. has appealed to the Ontario Municipal Board under.subsection 22(7) of
the Planning Act, R.S.O. 1990, as amended, from Council's refusal or neglect to enact a proposed
amendment to the Official Plan for the Town of Pickering to add a Special Policy Area to the subject
property located on the south side of Kingston ROad east of Valley Farm Road and west of the
H.E.P.C. to permit residential and park uses at a reduced density.
O.M.B. File No. 0980087
Town's File No. 97-007/P
Graywood Development Ltd. has appealed to the Ontario Municipal Board under subsection 51(34)
of the Planning Act, R.S.O. 1990, as amended, from the failure of the Regional Municipality of Durham
to make a decision respecting a proposed plan of subdivision on lands comprising of Part of Lot 20,
Concession 1, in the Town of Pickering.
O.M.B. File No. S980028
Region's File No. 18T-97029
Hilda Lennox has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning
Act, R.S.O. 1990, as amended, from Council's refusal or neglect to enact a proposed zoning by-law
amendment to Zoning By-law No. 3036, as amended, of the Town of Pickering to rezone the lands
comprising Part of Lot 20, Concession 1, from'Agricultural (A)' to an appropriate zoning to permit high
density residential uses.
Town File No. A62/88
OMB File No. Z980096
APPEARANCES:
Parties Counsel* or Aaents
Graywood Developments Ltd. C. MacDougall*
Hildia Lennox C. Williams*
The Town of Pickering J. Burton*
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PL980261
PL980542
The Regional Municipality of Durham J. Bums*
DECISION DELIVERED BY D. Y. PERLIN AND ORDER OF THE BOARD
The Board's Decision/Order No. 0831 issued on April 27, 1999 allowed the Graywood
appeal, in part. The Board's Order was withheld pending the finalization of the form of the
OPA, ZBA and Draft Subdivision Plan and Conditions of Approval for the Graywood proposal.
The Board has received these documents on consent of the parties and in the result, the Board
orders that:
1. The Board will approve the Official Plan Amendment as revised in accordance with
Appendix 'A", which is attached as Attachment '1" to this decision;
2. The Board will approve the revised Zoning By-law and By-law 3036 is hereby amended
in the manner set out as Appendix 'B" and is attached as Attachment '2" to this decision;
3. The Board will approve the Draft Plan of Subdivision 18T-97029 which is Appendix"C' and
is attached as Attachment "3" to this decision subject to the Conditions of Approval set out
in Appendix "D" which is attached as Attachment '4" to this decision.
4. Pursuant to Section 51(56.1) of the Planning Act, the Region of Durham shall have the
authority to clear the conditions of draft plan'approval and to adminiSter final approval of
the plan of subdivision for the purposes of subsection 51 (58) of the Act. In the event that
there are any difficulties implementing any of the conditions of draft plan aPproval, or if any
substantive changes are required to be made to the draft plan, the.Board may be spoken
to.
The municipality is authorized to assign a by-law number or other number to amendments
made through this order for record keeping purposes.
The Board so orders. '
"D. Y. Perlin"
D.Y. PERLIN
MEMBER
Attachment "1"
OMB FILE NO.
APPENDIX "A" TO THE ORDER OF THE .
ONTARIO ~CIPAL BOARD MADE ON THE
DAY OF
PURPOSE: The purpose of this modification is to identify the subject property
as a Special Policy Ama and to add policies to the Plan for that
Area, to permit rmidential, limiled COmmercial, and park and
LOCATION: The subject lands are approximately 7 hectares in size and are
located at the south-east comer of 'Kingston Road and
Valley Farm Road, west of the Ontario power transmission
corridor.
BASIS: The modification has been determined to be appropriate following
a hearing of the Ontario Municipal Board.
ACTUAL The City of Picketing Official Plan is hereby amended by:
MODIFICATION:
1. Revising Map 18, Neighbourhood 8: Town Centre, to
identify a Special Policy Area on the lands at the south-east
comer of Kingston Road and Valley Farm Road, as set out
in Schedule 'A' to this modification;
2. Adding a new subsection (e) to section 1 ]. 10, Town Centre
Neighbourhood Policies, as follows: '
"City Council shall,
(a)..;
(b) ...;
(c) ...;
(d) ...; and
(e) within the lands at the south-east corner of
l~i-gston Road and Valley F~,,.. Road,
identified ~ a Special Policy Area on Map 18,
(i) permit the lands to be developed for
residential, limited commercial, and park
.~and recm~onal ~
, . .(ii) d~pit~ Table 6-of Chapter Thr~
a minimum net residential density_ of
89 units per hectare and a maximum net
.rmi'd. ential density of 120 units per he _ctm'. e;
('~) despite Table 6 of Chapter Three, esta~,-liSh
a maximum gross lea~ble floor area for
corem,mS,ti roes of 1,000 ~qum'e metz'cs;
(iv) lmve r~,m-d for ~ ~~t
G~de~ for ~e Pi&~a~ ~to~
~i~g ~y d~m~t
IIVIPLE~ATION: .The pwvisions set forth in the CiD' of Picketing Official Plan, as
amended, r~garding the implementation of the Plan shall apply in
regard to this Modification.
INTERPRETATION: The provisions set forth in the City of Picketing Official Plan, as
amended, regarding the interpretation of the Plan shall apply in
regard to this 'Modification.
SCHEDULE 'A'TO MODIFICATION
NEIGHBOURHOOD 8: TOWN CENTRE
KING.ON ~
PiC~ERING OFFIC~ P~N: C~t~ ~ven- ~ ~~ 167
· ' Attachment "2"
OMB F~*~- NO.
APPKNDtX "B" TO ~[E ORDER OF
ONTARIO MUNICIPAL BOARD MADE ON
DAY OF
THE CORPORATION OF ~ CITY OF PICKERING
BY-LAW NUMBER _
Being a By-law to mend Restricted Anm (Zoning) By-law 3036~ as mnended, to implement
the Official Plan oftbe City of Pic, kefin~ Disa-ict Planni~.~ Res!on of Dud~n in Part of
Lot 20, Concession 1, in the City ofPickm'ins. (OPA 97-007/P; A 30/~?;
WHEREAS the Ontario Municipal Board deems it desirable to permit the devel~ ora
ranse of dwellinS types and m=re~tion oompi~x uses on the subject lands, bein~ Pm of
Lot 20, Concession I, in the City ofPic, keti~;
AND WHEREAS an amendment to By-law 3036, as amended, is deemed necessary by the
Ontario Municipal Board;
NOW THEREFORE THE ONTARIO M-dNICIPAL BOARD ENACTS AS
FOLLOWS:
'1. SCt~DULE I
Schedule I attached hemo with notations and references shown thereon is hereby
deda~d to be ~ of this By-law.
2. ' AREA RESTRICTED
Notwithstanding any of the provisions of By-law 3036, the provisions of ~ By-law
shaJl onJy apply to those lands in Pan of Lot 20, Concession I, Picke~g, designated
"RM~.3", "SD-5", "5D-6", "SD-6-1" and "RC" on Schedule I attached hereto.
3. DEFINITIONS
In this By-law,
(1) "Build-lo-zone" shall mean an ama of land in which all or part Ora building
elevation of one or more buildings is to be located;
(2) ."C.o~venJence Store" shall mean · buadins'or ~m of · build;-o ~,~,;,,~,,~.
nousenom necessity are tept for mtaU sale, l~-~'ily to rmidents of or'lxnso~
(3) "Day Nta~-ry" shall me. an lands and premises duly licensed tmrsmmt
provisions of the Day Ntn~ries A'" ........... '----
xa~tuty xor me daytime ~ ofchUdr~n; ' ·
_ (4) (a) ~ shall mmn a buUding or part of a building containin~ one or
mom dweliins units, but does not include a mobile home or
(b) ~ shall n~an one or more habitable rooms occupied or
capable of being occupied as a sinsl~ independent and sepm'atc
(¢) ,,"Dwelling1 Semi De*_ -,-ked or Se~;-De_,,,~-~ Dweu;,,~ shah mean one
of a pair of single dwelling, s, such as dwellings being attached together
~ ~~a~ ~ o~ ~ of~ ~ a~
°f~~~~g~~~ 1o~
(0 "R~ Y~" ~ ~ a ~d ~i~g ~ ~e ~ ~d~ of a lot
j~on ~t of ~ ~ lot ~ ~d ~ ~ ~ of ~ ~
~ b~g or ~ on ~e io~
~de ~ of alm ~ ~ ~de lot ~ ~ ~ ~ ~ of ~e
~~ ~ ~~ ~ ~e loc
$. PROVISIONS ~'SD-~', 'SD-F' sad ~D-6-1" Zo~s)-
(1) Uses p~tgu~ t~SD.5~, ~F, ~ ad ~D.~ i. Zones)
No person shaH, wjthln the lands desJ~tmted "SD-S", "SD-6" and '+SD-6-1" on
Schedule I at~hed hereto, use any lot or erect, alt~r or u~ any builclk~ or
structu~ for any purpose except ~ following:
(a) semi-detach~ dwelling;
-5-
(g) LOT CX)VERAGE (maximmn):
~ ~ ~ ~ ~ ~ ~ ~on.ofi~ ~e;
A (~): 13.0 ~ ~ 4 ~s
(i) D~L~G ~ ~Q~:
A ~ ~ fl~r ~-~~: 1~ ~ ~s;
~) ACC~SORY B~D~GS ~ A~SOgY ~G SPACE:
A ~i~ S~on 5~18(0 of By-hw 3036, ~ ~d~ ~
B ~i~ ~on 5.18(c) of By-law 3036, ~ ~
c ~~~y~~~~~y
~) OBS~U~ON OF Y~S:
(e) LOT AREA (mi,~i,,~um):
A multiple dwclli~ - ~: 1~0 squar~ m~zes
B m~fiple d~";~- ~: ~ ~ m~
~) ~T~O~AOE (~):
(c) ~0~
A m~fipk d~-~:
minim~:
O0
(d) S~E Y~ ~ (~i~):
~0.6~;~
C~) ~ ~ ~de ~ ~ on ~j~t loU ~ ~ no
~mmon
~~ ~ loU ~ follo~:
I 12 ~ m~ ~~ly ~ ~ ~de lot
U 0.6 ~ ~ ~~y m ~ ~dc lot
A m~ple d~ll;n~ -~n~: 2.7 m~
(0 ~ Y~ D~ (~):
A ~6ple d~- ~M:
Cfi)
~) 50 ~t for ~ ~ ~ ~ ~ a Ioq
B ~pite cl~ A ~ve ~d ~ p~om of ~on 5.18 of
Byqaw 3036, ~ ~d~ ~ a ~ ~ ~ ~ or
~ ~ ~i ~ ~ ~ ~ ~~ of~t m~c;
'9'
s~az~s ~ be mbsr. k · mln~,~um of 0.5 metres fzom
c-) s om orrr:
A m~e~.~~
O) ~ 13.0~~4~
10 ~s;
Cfi) ~ ~ ~ ~ ~ ~ B ~ ~e I, ~e
~m b~ ~$t ~ ~ 16 m~ ~ 6 m~s
15 ~s; '
(~) ~i~ ~ ~o~ of ~o~ 0) ~ Cfi) ~v~ a
mlnlm~ of~ ~g Or ~o~ ~f ~in ~ B
~e ~s, ~ el~r ~e ~m,
m~ ~o~ ~1~, ~1~ ~ ~s ~d
o~ mf ~ ~ oMy ~ ~ ~mt ~n or ~
A mMfiple d~~~: a ~m of ~5 d~
B m~le ~ilin~. ~: I minim~ Of 273 d~llin~
· ~ o~ ~ ~llin~
(m) ~S~ OP~ SPA~~:
A m~ple ~-~: ~ ~ ~ ~!
~t ~ 1~ ~ 10 ~t of
~lot ~
A m~fiple ~H~-~n~:
(iv) In the case of lots abutti~ ¥~ey From Road or immeaia~ly
mijoi,~i.~ or abmtin~ s reserve on the opposite ~ide of which is
V~ey Finn ~ ~ ~rved by a eonti~uons rear lane, the
from lot line .shall be Valley From Road.
8. MODEL HOMES
A maximum of ten Model Homes, together with not fewer than three parkin.o spa~es
per Model Home, may be consimcted on the lands set out on Schedule I atlached
hereto, prior to division of those lands by registration ora plan of subdivision.
For the purposes of this By-law, "Model Home" shall mean a dwelling unit used
exclusively for sales display and for marketing purposes, pursuant to an agreemen!
with the City of Pickm-ing, and not us~ for resickatia] purposes.
9. BY-LAW 3036
By-law 3036, as amended, is hereby further amended to give effect to the provisions
of this By-law as it applies to the area set out in Schedule I anached hereto. The
definitions and subject matters not specifically dealt with in this By-law shall be
governed by the relevant provisions of By4aw 3036, as amended.
Clauses 5.9 and 5.22 of By-law 3036 shall not apply to the lands designated "SD-S",
"SD-6" and "SD-6-1" on Schedule 1 attached hereto;
Clauses ~.9, f.=t~a), ~.~a(b), ~.=~a(d), ~-~.~(e), ~.=la(0, $-~l.~.(S), Sa~=(i),
$.21.20c), 5.22 and 6.5 (b) and (¢) of By-law 3036 shah not apply to the lands
designated "RMM-3' on Schedule I ,,"-_,:~ed hereto;
10. EFFECTIVE DATE
This By4aw shall take effect from the date of the order of thc Ontario Municipal
Board.
~ D-i
~ so-6
~ RC
BUILD TO ZONE AREA
BUll. DING ENVELOPE
' 20 0 2.5 50
Schedule I to l~-law ~
O~ ~ NO, ,,
· APPENDIX "C'" TO ~ ORDER OF THE
ONTARIO MUNICIPAL BOARD MADE ON THE
DAY OF
" :' Ii!,,
il-Ill ~
OtltCIAH OII~.LNO
Attachment "3"
/"l,i,l,a b,i I I I I g I I L
OMB FILE NO.
· APPENDIX ~D" TO THE ORDER OF THE
ONTARIO MUNICIPAL BOARD MADE ON TUF~
DAY OF , .
CONDITIONS OF APPROVAL FOR
DRAFT PLAN OF SUBDMSION 18T-97029
1. That the Owner shall prepare a final plan on the basis of draft plan pmlm~ by Bousfield,
Dale-Harris, Cutler and Smith Inc., dated .lanuary 31, 2000, which provides for the
development of 110 semi-detached units, 31 on-street townhouse units, one apartment
block of 1.323 ha with an estimated 273 units, three park blocks of 0.663 ha, 0.013 ha
and 0.045 ha; one private driveway block of 0.100 ha and 1.496 ha of public r°ads.
2. The Owner shall submit a plan showing the proposed phasing to the Regional
Municipality of Durham and the City of PickerlnE for their review and approval if this
subdivision is to be developed in more than one registration.
3. The Owner shall grant such easements as may be required for utilities, drainage and
servicing purposes to the appropriate authorities.
4. The Owner shall make arrangements for the tenure and on-going maintenance of the rear
laneways included in this draft.plan to the satisfaction of the City of Picketing.
5. The Owner shall submit to the City of Pickering for review and approval a siting and
architectural design statement which shall address the following urban design elements:
* Site Planning Principles for Priority Locations
· Design Guidelines for Grade Related Housing
· Design Guidelines for Multi-Level Mixed Use Buildings
· General Site Plan Guidelines.
Thc matters to be had regard for in the urban design review are set out in Appendix i to
these Conditions of Draft Approval, which may be modified by the City without an
arnendm, ent to these Conditions of Draft Approval.
6. The Owner shall submit to thc Regional Municipality of Durham and the City of
Pickering for review and approval an acoustical report prepared by an acoustical engineer
based on projected traffic volumes provided by the Durham Regional Planning
Department and recommending noise attenuation measures for the draft plan in
accordance with thc Ministry of Environment (3uid;lines. The owner shall agree in the
City of Picketing subdivision agreement to implement the recommended noise measures.
The agreement shall contain a full and complete reference to the noise report (i.e. author,
title, date and any revisions/addenda thereto) and shall include any required warning
clauses identified in the acoustic report.
15. The Owner shall satis~ all requirements, financial and otherwise, of the City of
Pickering. This shall include, anaong other matters, the execution of a subdivision
agreement between thc Owner and thc City of Pickering concerning the provision and
installation of roads, services, drainage and other local services, and off-site
improvements to Valley Farm Road and Kingston Road.
16. The Owner shall demonsWate to the satisfaction of the City of Picketing, that it has made
satisfactory arrangements with the. appropriate authorities regarding the provision of
underground wiring, street lighting, cable television,, natural gas and other similar
services.
17. (a) The Owner shall sUbmit a draft 40-M Plan for the. review and approval of the City
of Picketing which shall identif7 Street 'C' as follows:
(i) if development has not proceeded on adjacent lands to the east, Street 'C' shall
have a right-of-way of not less than 14.0 metres; or
(ii) if development has .proceeded on adjacent lands to the east, Street 'C' shall
have a right-of-way of not less than 4.5 metres.
(b) The Owner shall agree to constant Street 'C' between Sueet 'A' and Kingston
Road in accordance with the provisions of Section 17(a) prior to the issuance of any
building permits;
(c) The City will not lift the 0.3 m reserve on the east side of Street 'C' until such time
as the adjacent landowner t° the east has paid its proportionate share of the
construction, servicing and land costs for Street 'C'.
18. The Owner shall convey to the City of Picketing Blocks 63, 64 and 65 for park or other
recreation purposes in accordance with the Planning Act, 1990, as amended.
19. The Owner shall enter into an electrical plant subdivision agreement with Veridian
Connections.
20. The Owner shall prepare and implement the following reports in accor~ce with the
applicable guidelines and to the satisfaction of the agencies noted.
.Report City Region TRCA
a) conceptual servicing x x
b) stormwater management x x
c) soils/geotechnical x
d) erosion/sedimentation x' x
e) noise x x
f) Siting and Architectural x
Control Statement
g) tree preservation x
(b) ~o install a temporary boundary fence al°ng the common boundary with the Ontario
Hydro Services Inc. ri~ht-of-way to the satisfaction of Ontario Hydro Services Inc.,
prior to the commenc~nent of construction;
(c) to install a permanent boundary fence alont the common boundary with the Ontario
Hydro Services Inc. fight-of-way to thc satisfaction of Ontario Hydro Services Inc.,
after the construction is completed; -
(d) not to permit encroachment onto Ontario Hydro Servi~ Inc.'s property, use
Ontario Hydro Services Inc. property without the express written permission of
Ontario Hydro Services Inc., or obstruct Ontario Hydro Services Inc.'s access W its
own right-of-way;
(e) to restore any damage to Ontario Hydro Services Inc. property resulting fi'om the
construction of thc subdivision.
25. (a) The Owner shall agree in the subdivision agreement ~o provide fencing, to the
satisfaction of the City, and to impose any restrictive covenants along the rear of
lots 42-52, and along the side yards of Lots 52 and $3 adjacent to Block 65 and
Lots 44 and 45 adjacent to Block 64;
(b) The Owner shall agree in the subdivision agreement to provide fencing to the
satisfaction of the City along the rear of Lots 53 to 55 and Block 56 and along the
northerly limit of Lot 34 and Street 'A' adjacent to the Lennox property.
26. Tha the subdivision agreement between the Owner and the City of Picketing shall,
among other matters, contain the following provisions:
(a) The Owner shall implement the recommendations of the siting and architectural
design study referred to in Condition 5 and the acoustical report referred to in
Condition 6;
The Owner at its expense shall provide the City of Picketing with the services of a
control architect to assist the City in its review of siting and architectural control
statements, site plans, townhouse models and semi-detached models. The contwl
architect shall be selected by the City of Picketing;
(c) The Owner at its expense shall construct a public walkway and aSSOciated
landscaping on Block 65 to the satisfaction of the City of Picketing;
(d) The Owner at its expense shall construct a driveway and associated landscaping on
Block 64 to the satisfaction of the City of Pickering;
(e) The Owner shall prepare and' implement the various studies referred to in
Condition 20;
APPENDIX I TO CONDITIONS OF APPROVAL FOR
DRAFT PLAN OF SUBDIVISION 18T-~?029
The Owner shall have regard for the following urban design elements in the prcparafion of the Siting and
Architectural Design Statement
1. Site Planning Principles for Priority Location
(a) Upgraded Flankage Conditions:
· flankage facades must be equal to front facades in interest and architectural detail
· must have a porch/verandah/covered entry
· must have main enmmce, windows to living space and garage enmmce from flankage street
(the garage will face a rear lane, if available)
· must have loft expression
· garages to have windows
Co) Gateway Units
(c) 'Relationship to Walkway
(d) Rear Yard at Driveway (Block 64)
2. Design Guidelines for Grade Related Housing
(a) Slreetscapes
· must have primary entrance and living space on front facade
· mlmmum of $0% of units to have a porch/verandah/covered entry
· minimum of 50% of units to have loft expression
CO) Consistency of Building Elements
(c) Garage Treatment
· . minimum of 75% of the garages to have windows
(d) Fencing
* restrictions to be placed on height and location
3. Design Guidelines for Multi-Level Mixed Use Buildings
(a) site Plan Guidelines
Co) Building Massing
· building massing to have base, middle and top element expr~sion
· grade related units to have s~parat~ entrances
(c) Transitional Elements
(d) Building Enlrances/Service Areas
4. Sit~ Plan t