HomeMy WebLinkAboutBy-law 1985/85Ontario
840501
Ontario Municipal Board
ZN TBE MATTER OF Sectio~ 39 of
The. P. la.nn!ng Act, (B.S.O. 1980,
c. 379)
AND IN Tm MATTER OP an application
by The Corporation of the Town of
Picketing for approval o£ its
Restricted Area By-law 1849/84
BEFOREs
] Friday, the 22nd day
E.A. SEABORN ]
Membar ] Of Hatch, 1985
THIS APPLICATZON having co~e on for public hearing and after
the hearing of the application the council of the applicant
corporation having an opportunity to consider certain amend-
ments to the said by-law and the said council having on the
11th day of March, 1985 passed By-law 1985/85 further amending
By-law 2511 as amended by By-law 1849/84 and incorporating
certain recommendations of the Board and having caused a
certified copy thereof to be filed and the Board having
dispensed with notice and hearing in respect of By-law 1985/85~
THE BOARD ORDERS that By-law 1849/84 as amended by By-law
1985/85 il hereby approved.
SECRETARY
Ontario
Ontario Municipal Board '~"~' I~ 840501
IN TflE MATTER OF Section 39 of The Planning
Act (R.S.O. 1980, c. 379)
and -
IN TNE MATTER OF an application by the
Corporation of the Town of Pickerlng for
approval of its Restricted Area ByTlaw
1849/84
COUNSEL:
C.M. Timothy Sheffield - for
A.F. Markes - for
S. Powell - for
(Law Clerk)
the Corporation of the Town of
Plckertng
Rulor Developments Limited
Canadian National Railways
DECISION OF THE BOARD delivered b~ E.A. SEABORN
The subject by-law proposes to re-zone Part Lots 64 to 71 inclusive,
Plan 418, in the Town of Picketing to permit development of 15 detached and
16 semi-detached dwellings, implementing a Plan of Subdivision 18TTSDO06,
draft approved by the Minister on June 4 and August 17, 1982.
The lands lie between Rosebank Road South
Railways rightTofTway in the area south of Highway 401.
under BYTlaw 2511 (approved in 1963) is R3 and R4,
requiring 60 feet frontages in R3 and 50 feet in R4.
and a Canadian National
The present zoning
residential zonings
Proposed zonings are S for single?family homes on 50 foot lots and
SD-B, allowing semiTdetached dwellings on 70 foot lots.
The lands are designated "residential"
Region of Durham, approved on March 17, 1978.
type of use proposed.
in the Official Plan of the
Such designation permits the
~ ?~"~' "'F'~'~'
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1985/85
Being a Zoning By-law to amend Restricted
Area {Zoning) By-law 2511, as amended, to
implement the Official Plan of the Town
of Picketing District Planning Area, Region
of. Durham in Part Lots 64, 65, 66, 67, 68,
6g, 70 and 71, Plan 418, in the Town of
Picketing.
WHEREAS the Council of the Corporation of the Town of Picketing
passed By-law 1849/84 to permit the development of detached
dwellings and semi-detached dwellings attached below grade only
to occur on the subject lands being Part Lots 64 to 70 inclusive,
Plan 418, in the Town of Pickering;
AND WHEREAS the Council of the Corporation of the Town of
Pickering now deems it desirable to further amend By-law 2511,
as amended by By-law 1849/84, to require an increased rear yard
depth for dwellings situated on lots or blocks abutting the
Canadian National Railway Right-of-Way;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
TEXT AMENDMENT
(1)
(2)
Section 5(2) of By-law 1849/84 is hereby amended by
adding thereto the following zone requirement:
(k) SPECIAL REGULATION: despite any other provisions
of this by-law the minimum rear yard depth for
lots and blocks abutting the
Railway Right-of-Way shall be
Section 6(2) of By-law 1849/84 is
adding thereto the following zone
(k) SPECIAL REGULATION: despite
Canadian National
25 metres;
hereby amended by
requirement:
any other provisions
of this by-law the minimum rear yard depth for
lots and blocks abutting the Canadian National
Railway Right-of-Way shall be 25 metres.
2. .EFFECTIVE DATE
This By-law shall take effect from the
hereof, subject to the approval of the
Board, if required.
day of passing
Ontario Municipal
READ A FIRST, SECOND AND THIRD TIME THIS llti~DAY OF 1~4~i~ , 1985.
CLERK//
- 2 - R 840501
The Pickering District Plan,
subject lands L.D.2 low density
conform to the L.D.2 designation.
approved March 23, 1981 designates the
residential. The densities proposed
Official Plan Amendment No. 4 to the Pickerlng District Plan was
approved on August 8, 1984, and is the Fairport - Rosebank Neighbourhood
Plan.
acre.
also
units.
It allows development on this site to a density of 5 to 10 units per
The plans call for between 6 and 7 units per acre. Amendment No. 4
restricts housing types to not more than 50 per cent semi?detached
There are 15 stngleTfamily and 16 semi?detached homes proposed.
The original plan of subdivision included six lots on the east side
of Rosebank Road South providing a mix of 21 singles and 16 semi?detached.
The owner was granted severances for those slx lots from the remainder that
is before the Board. Only singles are permitted on the Rosebank Road lots.
As stated
draft?approved the plan
conditions. The draft
approval as Exhibit 7.
the Minister of Municipal Affairs and Huusing
of subdivision on June 4, 1982, subject to 24
plan was filed as Exhibit S, and the Minister's
above,
The Board was advised that the only concerns expressed on
circulation of the draft plan was by Canadian National Railways and the
Ministry of Environment in regard to noise and vibration from the railway
right?of?way, fencing and drainage patterns. A noise study is to be
undertaken by the developer and noise control features must be satisfactory
to the Ministry of the Environment and the Town of Picketing.
Drainage, erosion and siltation effects in the site must be studied
and controls must be satisfactory to the Metropolitan Toronto and Region
Conservation Authority.
Fencing, drainage works, noise and vibration provisions are to be
acceptable to Canadian National Railways.
- 3 - R 840501
Matters referred to immediately above are included in a development
agreement. An agreement dated March 5, 1985 between the developer and
C.N.R. was submitted as Exhibit g. The Board was advised by an accousttcal
engineer that while this agreement has not yet been executed, it is
satisfactory to the railway.
One objector, Brian Edwards, testified at the hearing. Re believed
the presence of semiTdetached units in a bastcaly singleTfamily
neighbourhood would lower property values, create more unstable occupancy
and generally be incompatible with the area.
No expert evidence on market values was adduced.
planners supported the development as being compatible
the semis nearest the railroad.
Two well qualified
with the placing of
Counsel for the Town of Pickering filed as Exhibit 2,
to the byTlaw before the Board which increases the set
semi-detached homes from the railway right?of?way to 25 metres.
an m~nendment
back J~ the
When the Board is provided with the amendment, duly passed by
Council, it will approve that amendment together with By?law 1849/84. No
circulation of the amendment is required.
DATED at TORONTO this
22nd MARCH,'I~8 S
E.A. SEABORN
MEMBER
.'. C,7
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