HomeMy WebLinkAboutBy-law 2914/888 E F 0 R E:
E.F. CROSSLAND
Member
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F E B 2 21989 R 880669
vn[ario T�y�(�.� OF PICKERING
Ontario Municipal Board PIGKEMNG,ONTAR!O
Commission des affaires municipales de I'Ontario
IN THE NATTER OF Section 34 of the
Planning Act, 1983
AND IN THE MATTER OF an appeal by R.
Ward against Zoning By-law 2914/88
of The Corporation of the Town of
Pickering
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IN THE MATTER OF Section 34(26) of
the Planning Act, 1983
AND IN THE M1ITTER OF a request by
Grant Morris Associates Ltd. for an
order dismissing the appeal against
Zoning By-law 2914/88 of The
Corporation of the Town of Pickering
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Friday, the 2nd day
of February, 1989
UPON MOTION to this Board by Grant Morris Associates Ltd. for an order
dismissing the appeal against By-law 2914/88 and the motion having been
granted;
THE BOARD ORDERS that the appeal against By-law 2914/88 is hereby dismissed;
AND THE BOARD ORDERS that its previous order made herein on the 9th day of
December, 1988 and entered in Order Book Number R88-1, Folio 328, on the 6th
day of February, 19II9, is hereby rescinded.
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$ECNEGRY, ONT. MIINICIP�L BO�qD
BEFORE:
C. G. CNARRON
Member
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
IN TNE MATTER Of Section 34 of the Planning
Act, 1983
AND IN THE MATTER OF an appeal by R. Ward
against Zoning By-law 2914/88 of The
Corporation of the Town of Pickering
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IN THE MATTER OF Section 34(26) of the
Planning Act, 1983
AND IN THE MATTER OF a request by Grant
Morris Associates Ltd. for an order
dismissing the appeal against Zoning By-law
2914/88 of The Corporation of the Town of
Pickering
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Tt�MJ OF� PtCKERtN�
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Friday, the 9th day
of December, 1988
UPON MOTION to this Board by Grant Morris Associates Ltd. for an order
dismissing the appeal against By-law 2914/88 and the motion having been
granted;
THE BOARD ORDERS that the appeal against By-law 2914/88 is hereby dismissed.
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SECRETARY
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COUNSEL:
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Ontario
Ontario Municipal Board
ission des afiaires municipales de I'Ontario
IN THE MNTTER OF Section 34(26)
Planning Act, 1983
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AND IN THE MIITTER OF a request by Grant F�B�6ro89
Morris Associates Ltd. for an ,or r
dismissing the appeal against Zoning $y-1 WNt�p,���FR•It�
2914/88 of the Corporation of the Town oftGcE
Pickering �` °^'-r��
C.M.T. Sheffield
J. Jenkins
- for Town of Pickering
- for Grant Morris Associates Ltd.
DECISION OF THE BOARD delivered by E.F. CROSSLAND
This hearing of the Board was held to deal with a motion by Grant
Morris Associates Ltd, to dispense with a public hearing pursuant to Section
34(26) of the Municipal Act.
At the outset of the hearing the objector requested an adjournment on
the grounds he did not receive sufficient time to prepare for the hearing.
He stated that he never received a copy of the notice of motion until
Monday, January 16, 1989. He produced the envelope which clearly indicated
that the franking stamp showed a date of January 16, 1989.
The affidavit of service signed by Todd Hoffman, a lawyer in the firm
Walker Head states that he delivered the notice of motion to Mr. Ward's
residence at 1983 Valley Farm Road, Pickering, Ontario (the address set out
for service on Richard Ward's notice of appeal dated November 14, 1988). To
the best of his knowled9e there was no one there at the time he delivered
it. At the same time the motion record was sent by special delivery mail to
Mr. Ward at the same address.
The Board requested Mr. Sheffield to look at the date on the envelope
and make whatever comments he felt were appropriate.
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Mr. Sheffield agreed that date did show January 16, 1989. He
indicated that it was possible that the envelope had been placed in the
maili��q°out �x��on Friday, January 13, 1989, but did not go out until
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` Mtinday, January`��8, 1989. The other possibility is that the date on the
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frayrk,ing ma��ine was changed on Friday to be ready for Monday morning.
In any case, Mr
Sheffield stated that he knew for a fact that Mr.
Ward had received the Notice of Motion because Mr. Ward was in the Town
offices with his notice on Friday, January 13, discussing it with Mr.
Sheffield. Mr. Sheffield offered to testify under oath to this effect.
In addition Mr. Sheffield called Mr. Bruce Taylor,
Clerk-Administrator for the Town of Pickering who under oath testified that
Mr. Ward was in the Town' offices on Friday, January 13, discussing the
motion with him. He produced his appointment book which indicated that Mr.
Ward had aitended at nis office ori �riday, Jai�uary 13, 1989.
While it is possible he did not receive the copy that was mailed by
special delivery, the Board is satisfied he must have received notice on
January 12, 1989 in order to attend at the Town offices on January 13, 1989
as was indicated by Mr. Jeffery and Mr. Taylor. At no time did Mr. Ward
indicate that he was not residing at 1983 Valley Farm Road. Given this
evidence the Board proceeded on the grounds that Mr. Ward had knowledge of
the motion for hearing on January 13, 1989.
On July 22, 1988 the Region of Durham gave draft approval to a plan
of subdivision located on Lot 30, Concesssion 2 in the Town of Pickering
(File No. 18T-87�65). These lands were ow�ed by Elio Facchini {n Trust and
henceforth will be referred to as the "Facchini lands". The plan consists
of 11 lots and Block 12. The lands are bounded by Finch Avenue on the south
and the Ontario Hydro Transmission Line Corridor on the north running from
southwest to northeast and are outlined in orange on Exhibit 7. In order to
implement the plan of subdivision, the Town of Pickering passed the
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appropriate By-law 66/87 to zone Lots 1-11 for single family residential
purposes, and Block 12 for neighbourhood park purposes.
Mr. Ward filed an objection to the by-law on the grounds that the tot
park location is not in a desirable location to satisfy the use of his lands
(see Exhibit 5). His prroperty is imnediately west and adjacent to the
subject lands.
Mr. Ward objects on the grounds that,
1. The proposed park on Block 12 should be relocated along the
cortmon boundary between his property and the Facchini lands.
2. That residential development adjacent to his property could
prejudice his intentions to develop his lands for comnercial
purposes.
While his lands currently are zoned OS Open Space which technically
is a holding zone, he does have an application before the Town to change the
zoning on his property to Comnercial.
The Facchini lands are designated residential on both the Regional
Official Plan and the Official Plan of the Town of Pickering. These lands
are presently zoned Agriculture which is a holding zone pending a
development proposal, The Plan of Subdivision 18T-87065 and Zoning By-law
66/87 both conform to the Official Plans of the Region and the Town of
Pickering.
Mr. Ward contends the park should be located on Lots 7 and 8 which
are adjacent to his property and it would act as a buffer Aetween the
residential property and his comnercial property when and if the rezoning
application on his property is approved. He maintains the Town is dragging
its feet on his application Decause Finch Avenue is scheduled for
redevelopment and the Town is in no hurry to do it.
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L'�IZ�Z��;
The Facchini plan is the sister application of an adjacent plan of
subdivision to the east, submitted by William Forbes (18T-87059 and By-law
52/87), henceforth to be referred to as the Forbes land. This plan
encompasses 9 single family residential lots and Block 10 for neighbourhood
park purposes. No objections were raised to the Forbes plan or the zoning
by-law.
In processing these two plans of subdivision the ratepayers of the
large existing subdivision of 116 homes to the east requested Council to
establish a neighbourhood park (tot lot) on these two plans of subdivision.
Council in approving these plans of subdivision set aside two blocks in the
middle of these subdivisions for neighbourhood park purposes. These are
shown as Block 12 on the Facchini plan and Block 10 on the Forbes plan.
These two blocks are adjacent to each other in approximately the middle of
the two plans and adjacent to the Hydro Corridor.
Although Mr. Ward objected to the Facchini by-law he did not object
to the Forbes by-law. Hence half of the neighbourhood park is approved
while the other half of the same park is objected to.
The Board heard from counsel for the owners of the Facchini property
who indicated that they had numerous discussions with Mr. Ward in an attempt
to resolve their differences. In the final analysis they agreed not to
object to Mr. Ward's comnercial application if he in turn would agree to
withdraw his objections to the by-law subject to a number of conditions. He
made it clear, however, that the owners of the Facchini property while
agreeing not to object to his commercial development they were not prepared
to publicly support it. It would be up to Mr. Ward to persuade the Town of
Pickering and the ratepayers of the area as to the merits of a commercial
development at that location.
Mr. Ward informed the Board that since Finch Avenue someday would be
a major road his property is not suited for residential development. It
could be comnercial and if it was he believes some form of soft separation
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or buffering would be best between the commercial lands and the residential
lands. A park would serve this purpose. He also indicated that at the
location he has suggested there is a small stand of young black ash trees
which in his opinion would be preserved if the tot lot was located there.
Finally, he said he did object to the by-law approving the development on
the Forbes property. On cross-examination, however, he agreed he objected
verbally at the Council meeting but did not object formally in writing.
The Board heard from Ms. Linda Taylor a planner with the Town of
Pickering. In her evidence she indicated that she processed the plan of
subdivision on the Forbes property, as well as the zoning by-law which was
approved and is in place. In the Forbes plan there are 9 single family
residences, with } of the tot lot located on Block 10 zoned NP Neighbourhood
Park. She has also handled the plan of subdivision on the Facchini lands.
It has had Regional approval and draft approval by the Town. The by-law to
create the other half of the park has been appealed by Mr. Ward. She
further indicated that there was a 9 metre strip separating the Facchini
property and the Ward property which was owned by the Ministry of Government
Services, however it was split down the middle with half going to the
Facchini property and half to the Ward property. The Ward property is
currently beyond the urban boundaries and is zoned OS. However, an
application has been filed to rezone the land comnercial for automobile
service station and convenience comnercial. This would however require an
Official Plan amendment and at this point in time there has been no
application made. She further indicated that both the Facchini plan and the
forbes plan were processed together. When the original applications were
being prepared there were no plans for a park.
However, at the public meetings there were requests from the
residents of the larae existing subdivision to the east for Council to
consider a park in the development. She further indicated that her
department along with the planners for both developments explored a number
of possibilities.
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' ::1. •
1. Adjacent to the 9 metre strip next to Mr. Ward's property.
2. At the south end of the Forbes property.
3. At the north end of the Facchini property.
4. Finally, the proposed location, straddling both plans adjacent to
the Hydro Corridor was chosen,
This site was chosen for a number of reasons.
l. It would be away from any possible commercial development.
2. It would be removed from Finch Avenue which eventually will
become a major artery.
3. Hydro had indicated they had no objection and that possibly an
agreement could be struck which would allow them to utilize these
land.
One of the major reasons why they had decided to stay away from the
site adjacent to the 9 metre strip and Mr. Ward's land was the fact that the
fire and emergency vehicles in all probability would want the cul-de-sac at
the end of Amaretto Drive opened on to Finch for emergency purposes. This
then would mean the children in the tot lot would have direct access on to
Finch Avenue.
It was her professional opinion that to locate a tot lot near a
garage or convenience store or a major arterial road was not appropriate.
It was also her opinion that the by-law conforms to the Regional Official
Plan, the Town of Pickering's District Plan and the Comnunity Plan. It
represents good planning.
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The Board also heard from Mr. Grant Morris a professional planner
with the developers of the Facchini property. He agreed completely with
everything that Ms. Taylor had said. He did say that he had some
discussions with Mr. Ward and initially he had tried to incorporate Mr.
Ward's lands in the proposal. He also discussed with Mr. Ward the location
of the park but had indicated to him that in his opinion the site adjacent
to Mr. Ward's property was not tfie best location.
Having carefully reviewed all of the evidence the Board finds that
the Municipality has acted in a very responsible manner. Initially they had
no obligation to consider Mr. Ward's land, however they did and the
developer went so far as to attempt to include Mr. Ward's land. The Town
made the decision to locate the park on the Forbes property prior to Mr.
Ward purchasing his lands. The position of the park on the Forbes land is a
fait accompli. It only makes good sense to enlarge it with the portion on
the Facchini land designated as Block 12.
Mr. Ward's land is designated Open Space and there is no telling when
the by-law to designate it commercial will be heard. Prior to that taking
place there has to be an Official Plan amendment and to this date no such
application has been filed.
Therefore the Board will grant the motion and dismiss the appeal.
DATED at TORONTO this 02nd day of February, 1989.
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E.F. CROSSLAND
MEMBER
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER z914/38
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 30, Concession 2, in the Town of Pickering.
(A 66/87;1ST-87065)
WHEREAS the Council of the Corporation of the Town of Pickering deems ii desirable to
permit the development of detached residential dwelling units and a neighbourhood park to
occur on the subject lands being Part of Lot 30, Concession 2, in the Town of Pickering;
AND WHEREAS an amendment to E3y-law 3036, as amended, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
SCHEDULEI
Schedule I attached hereto with notations and references shown thereon is hereby
declared to be part of this By-law.
2. AREA RESTRICTED
The provisions of this $y-law shall apply to those lands in , Pickering, designated "S2" and
"NP" on Schedule I attached hereto.
3. GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used, occupied, erected, moved or
structurally altered except in conformity with ihe provisions of this �y-law.
4. DEFINITIONS
In this By-law,
(1) (a) "DwellinR" 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) "Dwellin�, SinQle or Single DwellinQ" shall mean a dwelling containing one
dwelling unit and uses accessory thereto;
(d) "DwellinQ, Uetached or Detached DwellinA" shall mean a single dwelling which
is freestanding, separate and detached from other main buildings or structures;
�Z) �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" shail 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;
(3) (ai "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;
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(b) "Lot CoveraRe" shall mean the percentage of lot area covered by all buildings
on the lot.
(c) "Lot Fronia�e" 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;
(4) "Nei�hbourhood Park" shall mean a municipal public park;
(5) "Private Gara�e" 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;
(6) (aj "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) "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;
(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
building or structure on the lot;
(d) "Rear Yard" shall mean a yard extending across the full width of a lot between
the rear lot line of ihe 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;
(e) "k2ear 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 llne the junction
point of the side lot lines, and the nearest wall of the nearest main building or
structure on the lot;
(f) "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 tt�e nearest wall of the nearest main building
or structure on the lot;
(g) "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;
(h) "FlankaRe Side Yard" shall mean a side yard imrnediately adjoining a street or
abutting on a reserve on the opposite side of which is a street;
(i) "Flanka�e Side Yard Width" shall mean the shortest horizontal dimension of a
flankage side yard of a lot between the loi line adjoining a street or abutting on
a reserve on the opposite side of which is a street and the nearest wall of the
nearesi main building or structure on the lot;
(j) "Interior Side Yard" shall mean a side yard other than a flankage side yard.
5. PROVISIONS
(l) (a) Uses Permitted ("S2" Zone)
No person shall within the lands designated "S2" on Schedule I attached hereto
use any lot or erect, alter or use any building or structure for any purpose
except the following:
(i) detached dwelling residential uses
(b) Zone Requirements ("S2" Zone)
No person shall within the lands designated "S2" on Schedule I attached hereto
use any lot or erect, alter or use any bullding except in accordance with the
following provisions:
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(i) LOT AREA (minimum):
(ii) LOT FRONTAGE (minimum):
(iii) FRONT YARD DEPTH (minim�m):
(iv) INTERIOR SIDE YARD WIDTH (minimum):
A minimum l.2 metres each side, or
400 square metres
13. 5 metres
4.5 metres
B minimum 1.8 metres one side and no minimum other side
(v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres
(vi) REAR YARD llEPi'H (minimum): 7.5 metres
(vii) LOT COVERAGE (maxim�m):
(viii) BUILDING HEIGHT (maximum):
38 percent
12 metres
(ix) DWELLING UNIT REQUIREMENI'S: maximum one dwelling unit
per lot and minimum gross floor area-residential of 100 square metres.
(x) PARKING REQUIREMENTS: minimum one private garage
per lot attached to the main building, any vehicular entrance of which
shall be located not less than 6.0 metres from the front lot line and not
less than 6.0 metres from any side lot line immediately adjoining a street
or abutting on a reserve on the opposite side of which is a street.
lxi) SPECIAL REGULATIONS: the horizontal distance
between buildings on adjacent lot shall not be less than 1.8 metres.
(2) Uses Permitted ("NP" Zone)
No person shall within the lands designated "NP" on Schedule I attached hereto use
any lot or erect, alter or use any building or structure for any purpose except the following:
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7.
(i)
BY-LAW 3036
neighbourhood park
By-law 3036, as amended, is hereby further amended only to the extent necessary to give
effect to the provisions of this By-law as it applies to the area set out in Schedule 1
attached hereto. Definitions and subject matters not specifically dealt with in this
By-law shall be governed by the relevant provisions of By-law 3036, as amended.
ENFORCEMENT
(1) Any person who contravenes any of the provisions of this By-law is guilty of an
offence and on conviction is liable,
(a) on a first conviction to a fine of not more than $20,000; and
(b) on a subsequent conviction to a fine of not more than $10,000 for each day or
part thereof upon which the coniravention has continued after the day on which
he was first convicted.
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(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 afterthe day on which
the corporation wasfirst convicted;
and not as provided in subsection (l).
(3) Where a conviction is entered under subsection (l), 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.
EFFECTTVE 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
READ A THIRD TIME AND PASSED THIS
E.ANDERSON
BRUCE J. TAY
TOWN OF
PICKERING
APPROVED
LfGAL DEF'T. �,
llth DAY OF
llth DAY OF
October
October
, 1988.
, 1988.
FINCH AVENUE
SCHEDULE I TO BY-LAW 2914/88
PA,�'.SED THIS llth
DAY OF October 1988
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