HomeMy WebLinkAboutBy-law 2235/86THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 223S/86
Being a By-law to amend By-law 2024/85, which
amended Restricted Area (Zoning) By-law 3036,
as amended to implement t)~e Official Plan of
the Town of Picketing District Planning Area,
Region of Durham, in Part of Lot 19, Concession 2,
in the Town of Picketing. (A 17/86; A 18/86)
WHEREAS the Council of the Corporation of the Town of Pickering
passed By-law 2024/85, amending By-law 3036, to permit the
development of detached and semi-detached dwellings to occur on
the subject lands being part of Lot 19, Concedssion 2 in the Town
of Picketing;
AND WHEREAS the Council of the Corporation of the Town of
Pickering, now deems it desirable to amend Schedule "I" of By-law
2024/85 to allow the lotting configuration of the development on
the subject lands to be revised;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1. SCHEDULE AMENDMENT
Schedule "I" to By-law 2024/85 is hereby amended by changing
the zone designations of the lands outlined in heavy black
lines on Schedule "I" attached hereto to those zone
designations indicated on Schedule "I", attached hereto.
2. EFFECTIVE 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 2nd DAY OF June , 1986.
READ A THIRD TIME AND PASSED THIS 2nd
DAY OF June , 1986.
~ C~ERK ~
BRUCE J. TAYLOR
TOWN ~F
PICKERING
APPROVED
AS TO FOR I
-[XMEN$1ON~ ~ ARE IN METI~"~-
SCHEDULE ']~' TO BY-LAW
P~D THIS 2nd
DAY OF June 1986
Mc~Y
2235/86
CLERK ( BRUCE .~TAYLO~ )
SU~JECT
�fl t
I1 h.
1 1
f
1
1 i
.. THE CORPORATION OF THE TOWN OF PICKERING
i
fi R BY-LAW NUMBER 2235/86
S� i
i` ;,-
11
s
;i
,I1 Being a 'By-law to amend By-law 2024/85 , which
-1( amended Restricted Area (Zoning) By-law 3036 ,
as amended to implement the Official Plan of i
the Town :of Pickering District Planning Area ,
Region of Durham, in Part of Lot 19 , Concession 2,
,i in the Town of Pickering. (A 17/86; A 18/86)
I
;;
WHEREAS the Council of the Corporation of the Town of Pickering
ij passed By-law 2024/85 , amending By-law 3036 , to permit the
development of detached and semi-detached dwellings to occur on
I,
the subject lands being part of Lot 19 , Concedssion . 2 in the Town
of Pickering; ``
ti is
' II AND WHEREAS the Council of the Corporation of the Town of
' Pickering , now deems it desirable to amend ,Schedule "I" of By-law f'
`; '`, 2024/85 to allow the lotting configuration of the. development on
`; the subject lands to be revised ; f ,
j
!I
NOW THEREFORE THE COUNCIL OF THE CORPORATIONOF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS: f
r
ii ;I
II q
if . 1 . SCHEDULE AMENDMENT .
it Schedule "I" to By-law 2024/85 is hereby amended by changing
the zone designations of the lands outlined in. heavy black
lines on Schedule "I" attached hereto to those zone _
designations indicated on Schedule "I" , attached hereto . f .
Ia
' 2. EFFECTIVE DATE
0r.
This By-law shall take effect from the day- of passing hereof 4i, -`.
, subject to the approval of the Ontario Municipal Board , if
required . `{
1
1
•
READ A FIRST AND SECOND TIME THIS 2nd DAY OF June , 1986 .
r
i
I READ A THIRD TIME AND PASSED THIS 2nd DAY OF June , 1986 .
J
(--. 1--- Ae( / -;-'''' .
a ' 'OR CLERK
OHN E. ANDERSON BRUCE J..- TAYLOR H.
1 J
1 t
.:1
TOWN. OF It
.
PICKERING , ti
it
APPROVED .
1
AS TO FORM
i
I. _ A / .A! ,
p .
►1 I
Z 1111.3
S3
S3
dA6GINS 1
•
/ T44.6* CENTENNIAL PARK
1141.11
to ��\ S2-- At.�g S3
. S2 ••• 4 • ,•••
•• ( S2
o� �
w
41* •
\ l'a.*
Oka'II 0
\ 341.51.
,• • •a.•
S3 ts•so '— .r--
3
is 8
_
_ S3 S2
PI r • -I
• r w
a'a % TAMYNBERRY Z. * K
PEPPERWOOD GT o 'b5
31.5 2 S4 S1 S4 ai.8 8
S`4 Q a°.a ,s.. n.� IL
I c) S• ST• ARATHORN
N%...., S1 S•, • • im
• •
t
,fj•O w S2
11•• 0
AVENUE ic
O
r
o au
>.i
Z
la
i IC
W O
1— Z m
W
JGANDA _LF W
\/ v
Q4
I Mc BRADY
et/ wi
—DIMENSIONS SHOWN ARE IN METRES-
SCHEDULE 'I' TO BY-LAW 2235/86
PASSED THIS 2nd
DAY OF June 1986
7 AYOR (JOHN E. ANDERSON) ,,
j �.� 1
z_,_________
...,_........„.. 2_
CLERK BRUCE .Y. TAYLOR
iII
i I
III
i;
1 �� � ;
I 40
•II
111
III
111
RifgliglAk
....-..........--,.....0:4,..,..N.,,..-„:
4'. 414Y1'� `jti"fir�:y':;.•.j; <
•'fir•:. ..'`• ,'':, ,i;: ::�::
�••f•
•••r'• • i�y'• . II
I\
< :•;:•::.a.
II
. ..
ti:• SUBJECT -::::•....,:,..•,!....;•....,. 1I
PROPERT ..`•:�`'°w<:
ti: , l
II
II
II
•
11
C.
II
111
11
11
11 l
ill
I 11
2
it
: In':'!
11
11
•
.4-41.
11i
f 11
.0,0.0.P:......"4"..........0., t---------______. I
I i
•
,09.0.- 11111111111,
"---..........IIII/rk
II
r
....... .., /li ..
.QE - 1
ig
•
. \7.,
„,,L...... ,----7; 1111
FINCH AVENUE
17Dr INIII T
_ ME 2
\rir■>•11� R 860288
r
Ontario �.r
Ontario Municipal Board
IN THE MATTER OF Section 34 (2 6) ofU'vNNn� P1(�t�EPr�i�?a
The Planning Act, 1983 Psoyc tING. RNF, =�
AND IN THE MATTER OF appeals by
Walter Tunny, A. Burtney, L. Legault
and various homeowners in the Town
of Pickering in respect of Zoning By-
law 2235/86 of the Corporation of the
Town of Pickering
RECEIVED
B E F O R E : SEP 29 198e
SOLICITOR
J.A. WHELER ) Tuesday, the 16th da
Y TOWN OF f'ICitERIPlG
Member )
i ) of September, 1986
•
THIS MOTION to dismiss the appeals without holding a full
} hearing having been granted;
THE BOARD ORDERS that the appeals are dismissed.
- '-c RECEIVED
SEP 301986
SECRETARY TOWN OF PICKERING
PLANNING DEPARTMENT
'>7<-7:0 -
"
_'M :..
0 .M.B . File R 860288
. P6:
ONTARIO MUNICIPAL BOARD //f.
SPP 1� 56
oPp
pl cK4.1)/ cNT RII�(�x
A
R
IN THE MATTER OF Section 34( 26 ) of O
the Planning Act , 1983
AND IN THE MATTER OF appeals by
various homeowners in the Town of
Pickering from Town of Pickering
Zoning By-law 2235/86 enacted on
June 2 , 1986
A• ND IN THE MATTER OF a motion by RECEIVEED •
Rougecrest Construction Inc . to
dispense with a public hearing SEPIA
with respect to the said appeals
„TOWN,
F PUCKERING
0 against Town of Pickering Zoning �' tAlNpigg3bF.2,ARTMFN
T
By-law 2235/86
..:�.��®..
(NYx,
440
, o �j�, ,
APPOINTMENT FOR HEARING ri• �Y.ER®,� O�°'
g1/40,
\A
THE ONTARIO MUNICIPAL BOARD hereby appoints Tuesday, the 16th
day of September, 1986, at the hour of ten o 'clock (local time)
in the forenoon , at Council Chambers, Municipal Building, 1710
Kingston Road, in the Town of Pickering, for the hearing of a
motion . by Rougecrest Construction Inc . ( "Rougecrest" ) to
dispense with a public hearing with respect to Town of
Pickering Zoning By-law 2235/86 under Section 34( 26 ) of the
Planning Act , 1983 , and for the hearing of all persons who
desire to be heard in support of or in opposition to this
motion.
If you do not attend and are not represented at this hearing,
the Board may proceed in your absence and you will not be
entitled to any further notice of the proceedings.
A
- 2 -
O.M. B . File No . R 860288
In the event the decision is reserved, persons taking part
in the hearing and wishing a copy of the decision may request
a copy from 'the presiding Board Member or, in writing, from
the Board . Such decision will be mailed to you when available .
DATED at Toronto, this 3rd day of September, 1986 .
C
J . G. MALCOLM
Secretary and Chief
Administrative Officer
`OJ
0.M.B . File No . R 860288
ONTARIO MUNICIPAL BOARD
IN THE MATTER OF Section 34( 26 ) of
the Planning Act , 1983
AND IN THE MATTER OF appeals by
various homeowners in the Town of
Pickering from Town of Pickering
Zoning By-law 2235/86 enacted on
June 2 , 1986
AND IN THE MATTER OF a motion by
Rougecrest Construction Inc . to
dispense with a public hearing
with respect to the said appeals
against Town of Pickering Zoning
By-law 2235/86
AFFIDAVIT
I, FRANK SPAIN, of the Town of Markham, in the
Regional Municipality of York, make oath and say as follows :
1 . I am an officer of Rougecrest Construction Inc .
( "Rougecrest" ) and as such have knowledge of the matters herein
deposed.
2 . Rougecrest is the owner of Part of Lot 19 ,
Concession 2 , in the Town of Pickering, in the Regional
Municipality of Durham, which said property is subject to a
plan of subdivision given draft plan approval by the Region of
Durham on December 10, 1984 as Draft Plan of Subdivision
18T-82016 (R) .
3 . The said draft plan and implementing zoning by-law
application had previously been recommended for approval by the
Council of the Town of Pickering on April 22 , 1984 .
4 . By Zoning By-law 2024/85 enacted on May 21 , 1985
the Pickering Council zoned the lands within the final phases
of this draft plan, which said zoning by-law has since become
final and binding. Earlier phases of this same plan of
subdivision had previously been zoned and fully serviced.
5 • Rougecrest has, with respect tp all final phases of
development (being phases 5 , 6 and 7 ) entered into all required
subdivision agreements and posted all required financing with
the Town of Pickering and the Region of Durham. Construction of
the required services commenced on July 24 , 1986 and it is
expected that servicing will be sufficiently completed to
enable building permits to be available pursuant to the
subdivision agreement , by October 15 , 1986 .
•
•
2 -
0.M. B . File No. R 860288
II '
6 . The said phases 5, 6 and 7 contain 2S3 lots of
which more than 213 have already been sold to building com-
panies who have commenced the sale of houses of these lots
to the ultimate purchasers .
II
7 . The said lots contained in phases 5 , 6 and 7
consist mainly of single family lots with frontages ranging
from 35 feet to 50 feet , and some semi-detached lots with
50 foot frontages .
ii
8 . During final engineering of the said lots, it
was determined that the downward slope of the subject property
from west to east would necessitate a series ' of retaining
. walls along the rear of many of the proposed respective lots.
Without such retaining walls, the lots could not be properly
• graded, and it was found that such retaining walls would )not
only be extremely expensive but very undesirable from ' an
r aesthetic point of view.
�/ 'Rougecrest therefore, on February 20, 1986 applllied
to the Town of Pickering for an amendment to the said Zoning
By-law 2024/85 to permit a somewhat revised subdivision design
•
for phases 5 , 6 and 7 , which revisions would eliminate the
need for these substantial retaining walls . • The revisions •
consist of increasing the depth of certain lots on the west
side of three streets by 3 . 0 metres and to thereby shift the
• location of these three streets slightly easterly. The revi-
sions would also decrease the total number of permitted dwell-
ing units by three . Some retaining walls should still be
required but they would be far fewer in number and inobtrusive .
•
9 . By a report dated May 21, 1986 to the Pickering
Council , its Director of Planning advises that the proposed
V amendments "represent technical changes in the interest of
orderly development" . The Director recommended the enactment
of this correcting by-law.
•
10 . On June 2 , 1986 the Council of the Town of Pick-
• ening accordingly enacted Zoning By-law 2235/86 , which said
by-law implements the said revisions .
If
11 . As a result of the circulation of this by-law,
the Clerk of the Pickering Council received a number oof
'H. . objections from various Pickering residents as well as a copy
of a letter from Mrs . M. A. Taylor of 678 Amaretto Avenue .
!: E
12 . In plotting the location of the homes of all of
the objectors , it was noted that the closest objector is about
{ 1500 metres distant from the subject lands . Some are about
2000 metres from the subject lands and some are about 4000
metres from the subject lands .
it
13 . The revisions contained in Zoning By-law 2235/86
• do not in any way impact on any of the objectors.
it
it
d
- 3 -
O .M. B . File No . R 860.288
•14 . I am informed by officials of the Town of Pickering
that some of the objectors have since stated that their real
complaint has nothing to do with this by-law but rather is an
attempt to embarrass and frustrate Rougecrest because of ;its
interest in a company known as Canterbury Homes which is a
house building company that is operated and managed by L . S.
Hoffman Homes Limited. Canterbury Homes built homes in the
areas in which many of the objectors live and I understand that
some of these objectors have complaints against Canterbury
Homes with respect to alleged construction deficiencies . Their
intent is to somehow force Rougecrest to cause Canterbury Homes
to rectify the alleged defects . Rougecrest does not have the
power to require the management of Canterbury Homes t6 \remedy
complaints whether or not such complaints are justified. In
any event such complaints have nothing whatever to do with
Zoning By-law 2235/86 .
• 15 . Until Zoning By-law 2235/86 is approved, the draft
plan of subdivision for the final phase cannot be registered
and accordingly builders who have bought lots will not be able
to commence construction even though the servicing is expected
to permit construction by October 15 , 1986 . The Town of
Pickering requires at least two to three weeks to process
registration documentation even after this zoning by-law is
fully approved.
16 . Rougecrest is aware that if builders cannot
commence construction by October 15 , 1986 at the latest , many
will simply not start this year because they cannot be assured
of "closing in" before the onset of cold weather .
17 . Rougecrest is entitled to ten percent (10%) of its
sale price to . builders upon registration of a plan of
subdivision and the availability of building permits . This
amounts to some $711,000 . 00 at the moment and such funds are
required by Rougecrest as part of its financing.
18 . . The loss to Rougecrest as well as the losses to
builders who have purchased lots as well as the loss and
inconvenience to the ultimate home purchasers, as a resultof
further delay in finalizing Zoning By-law 2235/86 , is very
substantial .
L. 19 . This application is made in good faith and because
Rougecrest and this deponent believe that the objectors have no
complaint or concern with respect to Zoning By-law 2235/861or
its effects, and that their motives relate to matters which are
immaterial and irrelevant to the consideration of Zoning By-law
2235/86. 1
•
SWORN before me at the )
City of Toronto , in the )
•
4111111-1110
Municipality of Metropolitan )
•
FRySPAIN
Toronto, this y4? day of )
September, 1986 . )
•
Commissioner for Taking Affidavits, etc .
II