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HomeMy WebLinkAboutBy-law 6090/03ISSUE DATE: May 13, 2003 DECISION/ORDER NO: 0613 HAY 1 2003 CITY OF PICKERING PICKERINO, ONTARIO Ontado Ontario Municipal Board Commission des affaires municipales de I'Ontario PL011133 Picketing Harbour Company Ltd. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 2511 and By-law 2520, as amended of the City of Pickering to rezone lands respecting the west side of Liverpool Road, and south of Wharf Street within Parts of Lot 23, Range 3, B.F.C. from "O3B' - Waterfront Zone to Site-Specific Zones to permit the development of a portion of the subject lands for residential uses in the form of 66 nautically themed townhouses and semi-detached dwellings with the potential for future conversion of the ground floor of certain units along Liverpool Road to commercial uses, redevelopment of the existing marina, relocation of winter boat storage to lands east of Liverpool Road, provision of additional public access to the water's edge of Frenchman's Bay and the potential provision of additional public parking O.M.B. File No. Z010162 Picketing Harbour Company Ltd. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 2511 and 2520, as amended of the City of Pickering to rezone lands respecting the east side of Liverpool Road, and south of Wharf Street within Parts of Lot 23, Range 3, B.F.C. from "M4" - Aquaculture Facility Zone to a Site-Specific Zone to permit the development of a portion of the subject lands for residential uses in the form of 66 nautically themed townhouses and semi-detached dwellings with the potential for future conversion of the ground floor of certain units along Liverpool Road to commercial uses, redevelopment of the existing marina, relocation of winter boat storage to lands east of Liverpool Road, provisior, of additional public access to the water's edge of Frenchman's Bay and the potential provision of additional Public parking O.M.B. File No. Z010163 Pickering Harbour Company Ltd. has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the City of Picketing to redesignate land at the west side of Liverpool Road, and south of Wharf Street within Parts of Lot 23, Range 3, B.F.C. to revise Table 3 of the Pickering Official Plan - "Open Space System: Permissible Uses by Subcategory" - Marina Area to broaden the list of permissible uses to permit the proposed residential development O.M.B. File No. 0010206 Picketing Harbour Company Ltd. has appealed to the Ontario Municipal Board under subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the City of Pickering to approve Proposed Amendment No. 6 to the Official Plan for the City of Picketing City File No. OPA 01-001/P O.M.B. File No. 0020023 BEFORE: S.W. LEE ) MEMBER ) ) ) J.A. SMOUT ) MEMBER ) Wednesday, the, 7th day of August, 2002 THIS MATTER having come on for public meeting and the Board having withheld its Order until this day; AND THE BOARD having received a revised Official Plan Amendment, Zoning By-law Amendment on consent of the municipality and the applicant and in accordance with its Decision dated August 7, 2002; THE BOARD ORDERS that the Official Plan Amendment is approved in the form of Attachment '1' to this order; AND THE BOARD ORDERS that the Zoning By-Law is approved in the form of Attachment '2' to this order. The municipality is authorized to assign appropriate numbers to these documents for record keeping purposes. ACTING SECRETARY • ./ ISSUE DATE: 1_ May 13, 2003 **. PL011133 DECISION/ORDER NO: 0613 Ontario Ontario Municipal Board Commission des affaires municipales de ('Ontario Pickering Harbour Company Ltd. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 2511 and By-law 2520, as amended of the City of Pickering to rezone lands respecting the west side of Liverpool Road. and south of Wharf Street within Parts of Lot 23, Range 3, B.F.C. from "03B" — Waterfront Zone to Site-Specific Zones to permit the development of a portion of the subject lands for residential uses in the form of 66 nautically themed townhouses and semi-detached dwellings with the potential for future conversion of the ground floor of certain units along Liverpool Road to commercial uses, redevelopment of the existing marina, relocation of winter boat storage to lands east of Liverpool Road, provision of additional public access to the water's edge of Frenchman's Bay and the potential provision of additional public parking O.M.B. File No. Z010162 Pickering Harbour Company Ltd. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 2511 and 2520, as amended of the City of Pickering to rezone lands respecting the east side of Liverpool Road, and south of Wharf Street within Parts of Lot 23, Range 3, B.F.C. from "M4"—Aquaculture Facility Zone to a Site-Specific Zone to permit the development of a portion of the subject lands for residential uses in the form of 66 nautically themed townhouses and semi-detached dwellings with the potential for future conversion of the ground floor of certain units along Liverpool Road to commercial uses, redevelopment of the existing marina, relocation of winter boat storage to lands east of Liverpool Road, provision of additional public access to the water's edge of Frenchman's Bay and the potential provision of additional public parking O.M.B. File No. Z010163 Pickering Harbour Company Ltd. has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990. c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the City of Pickering to redesignate land at the west side of Liverpool Road, and south of Wharf Street within Parts of Lot 23, Range 3, B.F.C. to revise Table 3 of the Pickering Official Plan--"Open Space System: Permissible Uses by Subcategory"— Marina Area to broaden the list of permissible uses to permit the proposed residential development O.M.B. File No. 0010206 Pickering Harbour Company Ltd. has appealed to the Ontario Municipal Board under subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the City of --� Pickering to approve Proposed Amendment No. 6 to the Official Plan for the City of Pickering City File No. CPA 01-001/P O.M.B. File No. 0020023 RECEIVED MAY 1 5 2003 CITY OF PICKERING PLANNING&DEVELOPMENT DEPARTMENT • . BEFORE: S.W. LEE ) Wednesday, the, 7th MEMBER ) day of August, 2002 ) J.A. SMOUT ) MEMBER ) THIS MATTER having come on for public meeting and the Board having withheld its Order until this day; AND THE BOARD.having received a revised.Official Plan Amendment, Zoning By-law Amendment on consent of the municipality and the applicant and in accordance with its Decision dated August 7, 2002; THE BOARD ORDERS that the Official Plan Amendment is approved in the form of Attachment'1'to this order; AND THE BOARD ORDERS that the Zoning By-Law is approved in the form of Attachment '2' to this order. • The municipality is authorized to assign appropriate numbers to these documents for record keeping purposes. r ., ACTING SECRETARY • L • AEachmen{ PROPOSED MODIFICATIONS TO AMENDMENT 6 TO THE PICKERING OFFICIAL PLAN reco~no i~e that the area generally situated imm Commerce Street stretching south to the Lake Omario shoreline, on either side Liverpool Road, exhibks a unique mix of built and anributes that establishes the area as the 'Liverpool Road Wateffmm Node'; (b) promote the Waterfront Node as a boating, tourism and (c) require that future development within the Waterfront Node capitalize upon these unique attn~, which include Freachmaa's B~ ~ C~_~_~io, the Hydro lV~sh, Ct~y ~i~lennium Square, marine ~, and the historic V;~ of F~org (d) for lands wkhin the Waterfront Node, require building forms and public space to be of high qu~dity clesiga witha Great Lal~ Nautical V;l!~ge theme as detailed in the Council-adopted Liverpool Road Waterfront Node Development Guidelines, to create a vibrato pedestrian environment; (e) for lands within the '~a~e~fmnt Node, further identify, as Marina iV/reed Use Area, those lands that, (0 constitute the primazy mari~ precinct within the Waterfront Node; (i~) are local, ed as foHo~: the northern two-thirds of the former 'Coolwater Farms' property; extending wv. st across Liverpool Road to Frenchman's Ba~ and stretching north m Annland Street excluding the Liverpool Road frontage; (ih')are illustrated for reference on the Tertiary Plan comained within the Council-adopted Liverix~ol Road Waterfrom Node Development Guidelines; (f) for lands identified as the ~ Mixed Use Area, ~nd despite Table 3* of Chapter Three, (z) restrict the variety of per~sible uses to those that strengthen and complemem the existing working marinas and cater to the Picl~ring comnmnity and bo~ing public, as follows: marinas, yacht dubs, and mooring facilkies; marina supportive uses; msmuma~; limited retail and office uses; and those uses permissible in Open Space S~em- Natural Areas and Recreational Areas; (h') further identify a sub-area of land loc~d south of Wharf Street, 31 metres from the edge of Frenchman's wherein despite (0 above, residemial uses, up ~o maximum density of 55 units per net hectare, are permit'ted provided that, · a functional marina operation can be mzimained on · a publid~accessible space to'the ~-~er's edge of Frenchman's Bayis provided; and · other applicable polices of the Plan are complied with; (g) for lands within the Waterfront Node, further identify, as the Liverpool Road Corridor, those lands that, (0 represent a tourism and service commercial use area to complement the rr~rina and recreational uses; (h) are located on the east side of Liverpool Road on the former ~I-Idrs' lands, ~nd extending west across Liverpool Road to a depth approxirn~ely 30 metres west of Liverpool Road, and stretching north to Annland Street; (ih) are illustrated for reference on the Tertiary Plan contained within the Council-adopted Liverpool Road Waterfrom Node Developmem Guidelines; Proposed Modifications Amendment 6 to the Picketing Official Plan (h) for lands identified as p~ Table 3' of. Ca~r Three, (0 resmct the permissible uses to retailing of goods and services, restaurants, offices, and comnmi~, cukural and recreational uses, to serve the tourist, recreafional~ boating and other commu~needs~ (i0 hnher permit despite 0) above, the establishment of residential uses, up to a maxinmm demity of 55 units per m ~ subject to conditions; accordingly, City Co.,mx:il,..~ considering rezoning applicariom for resment,a! developmem for lands in the Liverpool Road Corridor, shall be satisfied that, (A) a signifr, am public benefk is achieved through the design and co~n of the d~ellings to allow the ground floors facing the street to be easily convened to acco~ a range of uses inchating the re, ailing of golfed and services, and offices by incorporating the Omario Building Code comtn~on requirements applicable to commercial uses, including:. · roughed-in washroom facilkies that meet bmr-free standards for the commercial component; · provisiom for a fire alarm s~em, if the building is four storeys incl,,d;ng basement; · 1 hour fire separation between residential and commercial occupancz · 100 psf live load floor design for commercial use; · provision for separate mechanical systems to service the ground floor;, · separate exits to the exterior for each use; · provisiom for emergency lighting in an enclosed exit; · in addition, other elements to be incorporated in the design of the ground floor of conversion units include higher ceilin~, kitchen and dining facilities on the second or third floor, doors generally at grade access, and window/door openings that would make the b:,ad;ngs more readily adaptable w fumm commercial uses; and · other applicable policies of the Plan are complied witlg (B) despite Section 11.5 (h)(i0(A),onlyeightdv~lliags fronting on the v0~st side of Liverpool Road, south of Wharf Stmeg shall be required to be conversion traits and shall be required to incorporate the conversion features outlined above; 0) for lands within the Waterfront Node, further identify, as the Public Use/Parking and Bout Storage Area, those lands that, are 'intended for public uses, parking and boat storage greas; (i~ are loeuted east of Liverpool Road but v0est of the Hydro Marsh, ind,_,d;ng the C.~y-owz~ parking lot, and extending east to the edge of the Hydro Marsh, stretching north to include the Durlmm Region Sewage Station, and lands behind the former 'Hiks' property; and (ih) are illustrated for reference on the TeztiaryPlan contained v&hln the Council-adopted Liverpool Road Waterfront Node Developmem for lands identified as the Public Use/Parking and Boat Storage Area, and despite Table 3* of Chapter Threeo (i) permit conservation, environmental protection, restoration, education, and passive recreation uses; (it) also pennit parking and boat storage on the somhem third of the former 'coolwater Farms' property; and the lands Proposed Modifications Amendment 6 to the Pickering Official Plan theT, ___ . on with oronto and Region Conservation Authority, (k) prohibk boat storage within 3 metres of Liverpool Road except for boat display and sales; (I) require new buildings along Liverpool Road south of ~ Street to have a rain/mum building height of two storeys and to reflect the Great Lakes Nautical Vi[l~ theme by incorporating design details such as balconies, decks, from porches, wider doorways, street level 'access, awnings and window bom; (m) through the use of the holding provisiom of the Planning Act, require where necessary; proponents to enter into agreements with the Gty, Region and other agencies as appropriate; (n) with respect to the provision of parking within the Waterfront Node, considen permitting landowners to enter into long term agreements with other landowners respecting the provision of required (it) accetxmg cash-in-lieu for required ~ where appropnate and having comidered the adequacy of alternate parking supply, and C~ securing lands for public parking to serve the ar~ (o) encourage opportunkies to rejuvenate the historic Vi.I!~ of Fairport as a "lakefrom vilh~", and to this end, shall consider site-specific rezoning applicatiom to permk in conjunction with the residential use, activkies such as tea rooms, craft shops, art studios, and professional offices, provided that: the scale of the proposed use is compmt>le with (i~ appropriate off-street parking is available either on the lot or in nearbypublic parking areas; Cfi0the exterior of the home retains its residential character;, (iv)sigmge is discretelyacco~d; and (v) any other matters identified by Council are addressed appropriately,, (p) when considering proposals for hay-fill, ensure the proposal does not adversely affect the aquatic environment, is limited in scale, improves environmental conditions of Frenchman's Bay and its shoreline, and is supported by an environmental report addressing the requirements of section 15 of th~q Plan and any other requiremems .of public review agencies; (q) through the review of development proposals and in consultation with landowners and surrounding residents, endeavour to provide publicly accessible spaces, adjacem to the water's edge, where feasible and appropriate; and (r) encourage the use and operation of the Lake Ontario Waterfront Trail'in a manner sensitive to the interests of the neighbouring residents, and provide local trail connections with the Waterfront Trail in appropriate locations." Attachment '2' TI-IF, CORPORATION OF T~E CJTV OF PICKERIN(! '~'Y-'~6090/03 Being a By-law to amend Restricted Area (Zoning) By-law 2511 and By-law 2520, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Part.ofLots 22 and 23, Range 3, B.F.C. in the City ofPickering. (OPA 99-004/P(R); A 22/99(R); A 13/01) WHEREAS the Ontario Municipal Board deems it desirable to permit the development of 66 townhouse units of which 8 will have. potential for ground floor commercial uses and redevelopment of the existing marina on lands west of Liverpool Road, together with marina supportive, boat storage and parking uses on lands east of Liverpool Road; AND WHEREAS an amendment to By-law 2511 and By-law 2520, as amended, is therefore deemed necessarjr~ NOW TI-IE~FO~ THE ONTARIO MUNICIPAL BOARD HEREBY ENACTS AS FOLLOWS: 1. SC. tlF. DIYI.F.,R l AND II Schedules I and H attached hereto with notations and references shown thereon is hereby. declared to be part of this By-law. ARF~A RF,,qTRIC. TF, D The provisions of this By-law shall apply to those lands in Parts of Lots 22 and 23, Range 3, B.F.C., designated "(H)MU-16", '.'(H)RM-I", "(H)O3B-I", "(H)O3B-2", and "OS-HL-5". GF, NF, R Al, 'PROVIglON,~ 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. D~FINIT[ON,~ In this By-law, O) "Adult Rntertalnment Parlcmr" shall mean a building or part of a building in which is provided, in pursuance of a trade, calling, business or occupation, services. appealing to or designed to appeal to.erotic or sexual appetites or incliniations; "gnat .qtnmge!~ shall mean the enclosed or open storage of boats, vessels or waterera~ on land~ .and use'of accessory'facilities related thereto, and may include a trailer or cradle supporting a boat and boat lifting equipment. ,'Boat Repair-Major" shall include gelcoat spraying, epoxy/fibreglass hull repair, engine repair requiring engine removal and unenclosed hull sanding. (4) ,'Building Height" shall mean the vertical distance between the established grade, and in the case of a flat roof, the highest point of the roof surface or parapet wall, Or in the case of a gabled, hip or gambrel roof, the mean height level between eaves and ridge. A penthouse, tower, cupola, steeple or other roof structure which is' used only as an ornament upon or to house the mechanical equipment of any building shall be disregarded in calculating the height of such building. ' 'I~R_PlZ,$1Bgl8.1 200212181~33 - 2 - (5) (6) (7) ~'Bn.~ine.~.~ Offiee,~ shall mean a building or part of a building' in which the management or'direction of business, a public or private agency, a brokerage or a labour or fraternal organization is earriM on and which 'may include a telegraph office, a data processing'establishment, a newspaper publishing office, the premises of a real estate or. iusuranco agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; "ClUb'; shall mean a building or part of a building in which a not-for-profit or non- commercial organization carries out social, cultural, welfare, athletic or recreational programs for the benefit of the community; "Cnrnmemial ,Rehonl'~' shall mean a school which is oberated for gain or profit and may include the studio of a dancing teacher or music teacher, or an art school, a golf school or any other such school operated for gain or profit,' but shall not include any other school defined herein; (a) Co) (c) "Dwelling" shall mean a building or part of a building contain/ag one or more dwelling .units, but does not include a mobile home or trailer; "Dwelling t Inlt~ 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; "Dwelling; ,qemi_Detae. hext or .qerni-l-)etaehed Dwelling" shall mean one ora pair of single dwellings, such dwellings being attached together horizontally .by an above-grade common wall; (d) "Multiple Dwelling _ l-loriT~ntnl" shall mean a building containing three or mor6 dwelling units ~ittached horizontally, not' vertically, by .an above grade wall or walls; (9) (a) "Flnnr Area - R~qidenfial" shall mean the area of the floor surface contained within 'the outside walls of a storey or part of a storey;, Co) "C~rn.q.q Flnnr Area - Re_qidentlal" 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; (c) _"Ground Flnnr Area" shall mean the area of that portion of a lot occupied by a building or structure, exclusive of any porch, private garage, verandah or sunroom, unless, such sunroom is habitable, at all seasons; (d) "C~'n.q.q T ~.a.~ahle Flnnr Area - C. nmmere, ial" shall mean the aggregate of the floor areas of all the storeys of a building or structure, or part thereof as the case may be, other than rooms or space jointly used by. tenants of the building, such as garbage storage areas, mechanical and electrical rooms, lobbies, stainvells, elevators and service corridors. (10) !'Game.q Arcade" shall mean any building, room, or area in ,which facilities are offered for the play of (a)' three or more games of chance, Co) three or more games of mixed chance and skill, (c) a combination of three or more games of chance and games of mixed chance and skill, for the amusement of the public, which games are not contrary to the Criminal Code of'Canada~ but does not include premises in which the amusement facilities offered 'l'OR._~lg~618~l$.l ]00212181633 - 3 - (11) .(12) (12) a (13) (14) (15)' (16) (17) (lS) are pool tables, billiard tables, or bowling alleys; (a) "l at" shall mean an area of land fronting on a street Which' is used or intended to be used as tho site of a building, or group ofb.uildings, as the ease may be, together with any accessory buildings or structures, or a public park or open space area, regardlesfl, of whether or not such lot constitutes the whole of a lot or block on a registered i~lan of subdivision; Co) ,,last Frontage" shall mean the width of a lot between, the side lot lines measured along a line parallel t6 and 7.5 metres distant from the front lot line; "Marina" shall mean a commercial establishment or premises 'where boats, vessels and watercraft or boat accessories are berthed, stored, serviced, repaired or launched. A Marina may include: parking areas, land based facilities for the storage of boats; sale or rental of boats and boat accessories; the sale of marine fuels or lubricants, accessory retail sales and a taxi and/or barging service; waste water pumping facilities; washroom and shower facilities; a laundromat; launching ramp; boat lift/boat lifting equipment; administrative offices; a lounge with or without eating facilities; a restaurant; refreshment stands; tennis courts; picnic areas; parks; playgrounds, beaches; locker and locker room facilities; and, a boatel. "Marine. go. trice. ~. R~nalr ghnp", shall mean a building or part of a building containing facilities for the repair and maintenance of boat vessels on the premises, in which boat accessories are sold and boat '.vessel maintenance and repair operations are performed in return for remuneration, but shall not include the retail sale of motor fuels. "Parking I r}t~ shall mean a lot or portion thereof, used for the temporary storage or parking of motor vehicles and available for public use, whether free, for compensation, or as an accommodation for clients, customers or residents, but shall not include the repair or the storage or parking of motor vehicles for hire and gain, display or for sales; "Per.qnnal gerviee ghnll~ shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or a dressmaking shop or a photographic studio, but shah not include an adult entertainment parlour as defined herein or a body-mb parlour as defined in section 224(9)(b) of the Municipal Act} R.S.O. 1990, Chapter M,45, as amended fi'om time to time, or any successor thereto; "Place of' Amn.qemenf' or P. nterfainmerlt': shall mean a building or part of a building in which facilities are p.rovid~l for amusement or entertainment purposes, and which may include a billiard or pool room, a dance hall; a music hall, or theatre, but' shall not include a games arcade or an adult entertainment parlour as defined herein; "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; "Prof'e_q.qlnna! .OfHep." shall me~ a b~l~g or pm of a b~l~g h wMch m~c~, leg~ or o~ professional s~ce is perfomed or co~mfion ~ve~ ~d wMch may ~chde a c~c, ~e offices of ~ ~cht~t, a ch~ acco~ ~ en~r, a la,er or a ph~ici~, but s~l not hclude a body-mb p~10~ '~ de~ ~ s~fion 224(9)~) of ~e M~cipal Act, ~8.O. 1990, chapt~ M.45, ~ mmd~ from ~e to ~e, or ~y su~sor ~ereto; "reutanmnt . T~e A" shah me~ a b~l~g or p~ of a b~l~g where food is . prep~ ~d offer~ or kept for fetal sale to ~e public for ~ate commpfion - 4 - on the premises or off the premises, or both, but shall not include an adult entertainment parl6ur as defined herein; shall mean a building or part of a building in which goods,, wares, merchandise, substances, articles or things'are stored, kept and offered for retail sale to the public. "Ysrd" 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 aYe specifically permitted thereon;' (c). · "Pmat Yard" shall mean a yard .extending across the full .width of the main building from the street to the nearest wall of the nearest maha building or structure on the lot; "]~mnt Yard ]')'epih" 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; (e) L'Rear_.Ym~ 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; (0 "Rear Yard D?th" shall mean the shortest horizontal dimension, of a rear yhrd 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; ".qide 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;' "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; ,Flankage Ride Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; "Flunkage Side Yard Width'" shall mean the shortest horizontal dimension of a tankage side yard of a lot 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; (j) "Interior Side Yard" shall mean a side yard other than a tankage'side yard;. "Yacht (2h,h" shall mean a building or .structure or part thereof, together with associated land-based and water lot areas, used as the meeting place for an association of persons united by a common interest in boating. A Yacht Club may include facilities for docking, mooring, storing, servicing, fueling, berthing, securing, lifting and launching Of private pleasure craft. Accessory uses may include the sate of marine fuels and lubricants and incidental boating supplies, waste water pumping facilities, a restaurant for the boat owners, crews, and guests, instructional schools' administrative offices, a-chbhous~, and parkifig area& 5. PROVI~TON~q TOa._P2~,61~918.1 20021~181633 - 5 - I I.ue.u Permitted ("MI l-! 6" Zone,) No person shall within the/ands designated "MU.16" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except thc following: (i) Residential Uses: A multiple dwelling - horizontal B semi-detached dwelling The residential uses noted above, and uses .accessory thereto may be in the form of common elements condominium wi'th freehold parcels of tied land pursuant to the Condominium Act,. 1998 (ii) Commercial Uses: A business office B commercial school C personal service shop D. professional office E restaurant type-A F retail store Znne Requirement.q ("Mu-16" Zone) No person shall within the lands designated "MU-16" on Schedule Iattached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) BUILDING LOCATION AND RESTRICTIoNs: A Building Height: minimum 7.5 metres maximum H.0 metres B' Front Yard Depth: minimum 2.0 metres C 'Unit Width maximum 4.5 metres minimum 5.4 metres D Despite clause B above, front yard balconies, verandahs and deel~., both covered and uncovered, may project fully into any required front or side yard; E Balconies, verandahs and decks, both covered and uncovered,, may project a maximum of 2.4 metres into the required rear yard; (ii) PARKINGREQUIREME1Vrs A For each dwelling unit there shall be provided and mai!!tained a minimum of 2 parking spaces, any of which may not bb located within a front yard, and one of which must be provided within an attached private garage located to the rear of the dwelling unit, any vehicular entrance of which - 6 - B C shall be located not less than 6 metres fi'om any street or drive aisle pioviding access to those lots and a minimum of 0.25 visitor parking spaces. Clauses 5.21.2a) to 5.21.20 inclusive, of By-law 2511, as mended, shall not apply to the lands designated "MU-16" on Schedule I attached hereto:. Despite Clauses 5.21.2g) and 5.2L2k) of By-law 251i, as amended, all entrance and exits to parking areas and all parking areas shall be surfaced with brick,' asphalt, or concrete, or any combination thereof. (iii) SPECIAL REGULATIONS A A maximum of 21 multiple dwelling-horizontal and semi- detached dwelling units are permitted on the lands designated' zoned "MU-16" on Schedule I attached hereto; B(i) 8 dwelling units shall provide a minimum ground floor area of 50.square metres, with a minimum finished ceiling height of 2.7 metres to enable their use for commercial purposes; B(ii) Despite Section 5.(1)(a)(ii) of this By-law, non-residential uses permitted within the "MU-16" zone designation may be established only within the ground floor and basement of a dwelling unit; B(iii) For' the dwelling units referred to in Section 5.(1)Co)(iii)B(i) of this By-law, a single dwelling unit.shall be established on each lot above the ground floor.-of the dwelling, with supplementary floor area provided within the ground floor for those dwelling units that may be utilized for commercial purposes. C Despite Section 2.46(c)(i) of By-law 2511, Liverpool Road shall be considered as the front lot line. · . (2) (a) l[l.qe~q Pennittezl CRM-I" Zone) No person shall within the lands designated "RM-I" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) Residential U.ses: A multiple dwelling - horizontal The residential uses noted above and uses accessory thereto may be in the form of common elements condominium with freehold parcels of fled.land pursuant to the Condominium Act, 1998 (b) 7nne r eq,,imment.q ("RM- I " Zone) No person shall within the lands designated "RM-I" on Schedule I attached hereto, use any lot'or erect, alter, or use ~ny building except in accordance TO~_D2~* 618918.1 200~121~1633 (3) - 7 - with the following provisions: (i) BUILDING LOCATION AND RESTRICTIONS: A Building Height:' minimum 7.5 metres maximum 11.0 metres B Front Yard Depth: minimum 3.0 metres maximum 4.5 metres C Unit Width: minimum 5.4 metres (ii) 'D Despite clause B above, front yard balconies, verandahs and decks, both covered and uncovered, may project a maximum of 2.4 metres into any required yard; PARKING REQUIREMENTS: A B For each dwelling unit there shall be .provided and maintained a minimum of 2 parking spaces, any of which may not be located within a front yard, and one of which must be provided within an' attached private garage. Any vehicular entrance shall be located not less than 6 metres' from any. street or drive aisle providing access to those lots and a minimum of.25 visitor parking spaces. Clauses 5.21.2a) to 5.21.20 inclusive, of By-law 2511, as mended, shall not apply to the lands designated "RM-I' on Schedule I attached.hereto. C Despite Clauses 5.21.2g) and 5.21.2k) of By-law 2511, as amended, all entrance and exits to parking areas and .all parking areas shall be surfaced with brick, asphalt, or concrete, or any combination thereof. (ii.i) 'SPECIAL REGULATIONS: A A maximum, of 45 multiple dwelling-horizontal dwelling units are permitted on the lands designated zoned ';RM-I" on Schedule I hereto. B Despite 'the provisions of Section 5.6 of By:law 251 l,.the requirement for frontage on a public street shall be satisfied by .establishing frontage on a common elements condominium street. (a) - Llse&P_emilt~("03B-l" Zone) No person shall within the lands designated "O3B-l" on Schedule I attached hereto, us~ any lot or erect, alter, or use any building or Structure for anY purpose except the following: '(i) business office (ii) club (iii) marina (iv) restaurant,type A (v) retail store (vi) yacht club 200212181633 - 8 - Co) Zone R e?irements ("03B-l" Zone) iN0 per 0n shall lands designated "OJB. l" on Schedule I attached hereto, use any lot or .erect, alter, or use any building except in accordance with tho following provi~ions: (i) BUILDING LOCATION AND RESTRICTIONS: A Lot Area (minimum): 0.5 hectares' B Lot Frontage (minimum): 20 metres C water Frontage (minimum):130 metres D Building Height (maximum): 11.0 metres (ii) (iii) PARr G m Qum m m-s: A A minimum of 10 visitor parking spaces shall be provided and maintained on the lands designated "03B-l" on Schedule I attached hereto. B A minimum of 0.5 parking spaces per boat slip shall be provided from June 1 to September 30, all of which parking spaces shall be located on the lands designated "03B-2" on Schedule 11 attached hereto. For the purpose of this. section, a parking space may be provided in a 'boat storage location not otherwise occupied by a boat. SPECIAL REGULATIONS: A B C D Clauses 5.2i.2a) to 5.21.20 inclusive, of By-law 2511, as mended, shall.not apply to the lands designated "03B-l" on Schedule I attached hereto: E Despite. Clauses .5.21.2g) and 5.21.2k) of By-law 2511, as' amended, all entrance and exits to parking areas .and all parking areas shall be surfaced' with brick, asphalt, or concrete, or any combination thereof. For the purposes of this clause, the term "drive-through facility" shall mean a facility in. which goods, products or services are provided directly to the customer in vehicles. No drive-through facility shall be permitted iff association with any of the uses permitted on the lands.designated "03B- I'' on Schedule I attached hereto; No boat storage shall be permitted on the lands designated "03B-1" on Schedule I attached hereto. (4) (a) 1 l.qe.~ Permitted ("OqB-T' 7nne) No'person shall within the lands designated "03B-2" .on Schedule II attached - 9 - hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: O) Ooatstorage, . " .(ii)business office (iii)club (iv) marine service and repair shop (v) parking lot (vi) restaurant- type A (vii)retail store (viii) yacht club (ix) boat repair -.major Zone Req,,irement Nq person shall within the lands designated "03B-2'~ on Schedule 1I attached hereto, use any lot or erect, alter, or use any building except in. accordance with the following provisions: (i) A B C D E BUILDING LOCATION AND RESTRICTIONS: Building Height (max. imm) - ' 1 LO'metres Buildings and structures shall be located entirely within the envelope illustrated on Schedule ll attached hereto; Business offices, Restaurants - type A and Retail uses ~hall .be located entirely within the hatched area illustrated on .Schedule H attached hereto; Major boat repairs 'shall only be permitted within the. cross-hatched area illustrated .on Schedule II attached hereto; The storage of boats shall be located a minimum of 3 metres from the front lot line abutting Liverpool Road except for the display, of new and resale boats for retail sale. (ii) PARIS.. O REQUIREMENTS: .A Within the hatched area illustrated on Schedule' H attached hereto a minimum of 4.5 parking spaces 'per 100 square metres of gross leasable floor 'area shall be provided and maintained,. B Clauses 5.21.2 a) to 5.21.2 f)' inclusive, ~f By-law 2520, as amended, shall not apply to the lands designated "03B-2" on Schedule II attached hereto: C Boat.storage areas and marina related parking required by Section 3 (b) (ii) (B) shah be gravel surfaced only;, (iii) SPECIAL REGULATIONS A O) For the purpose of this clause, the term "drive-through facility" shall mean a facility in which goods, products or TOR_.P~S,618918.1 200212181633 - 10 - '(ii) services are provided directly to the customer in vehicles; No drive_.through facility shall be permitted in association with any 0fthe uses peaniti, ed on the lands designated "03B- 2" on 8che. dule I attached hereto; (5) (a) 1T.~e.q P~.m,i.ed ("0S-I-IL-5" 7_~ne) 'No person shall within the lands designated "OS-HL-5" on Schedule'II attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) (ii). preserVatioh and conservation of the nattwal environment, soil and wildlife; resource management CO) Zone Requirements ("0S-HI.," Zone) (i) (ii) ' No buildings.or s. tmctures shall be erected, nor shall the placing or removal of fill be permi. 'tted; Above-ground encroachment of boats on storage cradles that are located in the (H) 03B-2 zone is permitted. Holding Proviginn.q (!4) Holding Symbol) (a) USES PERMITYED While the "(H)" holding symbol is in place, no person shall, on the lands designated: (i) "(H)MU-16", "(H)RM-I" and (H)03B-I", use. the lands for any purpose other than for a marina and marina support uses;' (ii) "(H)O3B-2", use the lands for any purpose Other than for marina support · uses including boat storage, temporary structures related to marina uses and a business office in the existing structure. Co) REMOVAL OF THE 'H' HOLDING SYMBOL The "(H)" Holding Symbol preceding the above zoning categories shall be removed when the following conditions are met: (i) MU-16 The owner has executed appropriate Site Plan and Development Agreements, with and to the satisfaction of the City and/or Region of Durham., for any phase of development of the lands, and such Agreements have been registered on title to the lands, to address the following matters: A B servicing agreements with the Region of Durham; the applicant, satisfy Section 51.1 of th. e Planning Act with respect to parkland dedication; 'I'OR..Pa~,GZ8918,1 ~0031~1B1633 (.ii) (iii) The owner has executed appropriate Site Plan and Development Agr mcnts, aad to satisfaction of the City and/or Re ion of Durham, for any phase .of development of the lands, and. such .Agreements have been registered on title to the lands, to address the following ma~ters: A B servicing agreements with the Region of Dm'ham; the applicant satisfy Section '51.1 of the Planning Act with respect to parkland dedication; O3B-1 The owner has executed appropriate' Site Plan and Development Agreements, with and to the satisfaction of the City, and such Agreements have been registered on title to the lands, to address the following matters: A servicing agreements with the Region of Durham; (iv) O3B-2 The owner has exeCuted appropriate Site Plan and Development Agreements, with and to the' satisfaction of the City, and such Agreements have been registered on title to the lands, to address the following matters: A servicing agreements with the Region of Durham; 7. BY-I,AW 2_q20 By-law 2520, 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 I attached hereto, Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law'252'0, as amended. R¥-I;AW 2~1 l (1) By-law 2511, as amended, is hereby further amended only to the extent necessarj to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. (2) By-laws 2050/85, 3179 and '3966/71. as they affect the subject lands are hereby repealed. 9. EFFE~ DATE This .By-laxv shall take effect fi:om the date of issue of an Order of the Ontario Municipal · Board. - 12 - ORDER MADE BY THE ONTARIO MUNICIPAL BOARD this MAY ,2003. ,13TH day of 200212181633 (H)RM-1 (H)MU- 16 FRENCHWAN 'S 3B-1 WATER'S EDGE SCHEDULE ITC BY-LAW 6090/03 AS MADE BY ONTARIO MUNICIPAL BOARD ORDER DATE MAY (O.M.B. FILE Z010163) 13, 2003 3,o.' 0 0 (H)O3B-2 FRENCH~ANS BAY '" - BUILDING ENVELOPE SCHEDULE Tr TO BY-LAW AS MADE BY ONTARIO MUNICIPAL BOARD 6090/03 ORDER DATE MAY 13, 2003 (O.M.B. FILE Z010i62) EXPI,ANATORYNOTE TI-IF, PlIRPO,~F, OF RV-I,AW The .purpose of this By-law is to amend City of Pickering Zoning 'By-law 2511 and 2520, as amended, pursuant to applications by Pickering Harbour Company/344430 Canada Inc. (Files A 22/99(R) and A13/01. ' F,I~'F,~.T OF TUg", R¥-I',AW The effect of this By-law is to permit the development of a portion of.the. subject lands for residential uses in the form of 66 nautically themed townhouses and semi-detached dwelli_ngs with the potential for future conversion of the ground floor of a maximum of 8 dwelling .units along Liverpool Road to commercial uses, redevelopment of the existing mar]am, rel0eation of boat storage to lands east of Liverpool Road, provision of additional public access to the water's edge bf Frenchman'S Bay and the potential provision of additional public parking. LOCATION OF I,ANDS .The lands affected by this By-law are located on the east and west sides.of Liverpool Road south of Wharf Street within Part of Lots 22 and 23, Range 3, B.F.C. TOR P3z~618916..1 ;200'~13181633