The URL can be used to link to this page

Home My WebLink AboutBy-law 6920/08 OMB ORDER NO.PL090079 THE CORPORATION OF THE CITY OF PICKERING Feb. 12/10 BY-LAW NO. 6920/08 Being a By-law to amend Zoning By-law 3036, as amended by By-law 6778/07 and 6809/07, to implement the Official Plan of the City of Pickering, Region of Durham, on Part of Lot 23 and 24, Concession 1, in the City of Pickering. (A 14/08) WHEREAS the Council of The Corporation of the City of Pickering passed By-laws 6710/06, 6778/07 and 6809/07 amending By-law 3036, to permit a variety of commercial uses including a home improvement centre on the subject lands, being Part of Lot 23 and 24, Concession 1, in the City of Pickering; AND WHEREAS By-law 6778/07 as amended by By-law 6809/07 included schedules that illustrated a future road location that did not reflect City Council's direction with respect to the location of the future road on the property; AND WHEREAS City Council passed amending By-law 6920/08 to correct the schedules in By-law 6778/07 as amended by By-law 6809/07; AND WHEREAS amending By-law 6920/08 was appealed to the Ontario Municipal Board. NOW THEREFORE. BY-LAW 6778/07 AS AMENDED BY BY-LAW 6809/07 IS FURTHER AMENDED AS FOLLOWS: 1. SCHEDULE I Schedules I and II to By-law 6778/07, as amended by By-law 6809/07, are hereby amended by shifting the location of the east/west leg of the future northern road in the "MU-21" Zone designation on the subject lands as set out on Schedules I and II attached hereto. 2. TEXT AMENDMENT Clause 4.(2)(j) of By-law 6778/07 is hereby amended by adding thereto a new subclause (xi) after subclause (x) as follows: (xi) Despite Section 5.21.2 (d) of By-law 3036 a parking area that abuts a road allowance is not required to have a setback from the road allowance providing the parking area location has been approved by the City of Pickering and included in a site plan agreement. By-law No. 6920/08 Page 2 3. AREA RESTRICTED By-law 3036, as amended by By-law 6778/07 and By-law 6809/07, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as. set out in Section 1 above, and as set out in Schedule I and II attached hereto. Definitions and subject matter not specifically dealt with in this by-law shall be governed by the relevant provisions of By-law 3036 as amended. 4. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. w 47 FUTURE ROAD ~ 4oR-22390 A ~ • .2m PART 1 ~ 'Dm 59.2m O 40R-12678 N 40R-18455 ~6,. OF K. 4 & PART 5 3 PART 1 & 5 MU-21 CON 1PT LOT 23,24 RP 40R-6179 PTS. z;- 11, PART 15. PT 8,7,8 AND RP 40R-9889 PART 3 w 1 ~ 40R-12678 3 6p 9~ Q 40R-12878 PARTS 8-9 1 tT O PART 1 do 2 Zp.p.rt1 1 w 3~51c^ 166 Am DRS p1S`E /V~ H~~HW AY 401 T SCHEDULE I TO BY-LAW 677807 N AMENDED BY BY-LAW 6809,07 AMENDED BY BY-LAW 6920/08 PASSED THIS 15th DAY OF December 2008 ~ I 3 I II o I ~ ~oP I ~ z W 1.5m , STAG LLJ 'P I N ~ ~S I 4OR-22390 3. TORE ROAD PART 1 •Om / 3.Om / I I I I 1 I I I 4OR-12678 A 1 4OR-16455 PT. OF PT. 4 e PART 5 QI _ I PART 1 s 5 ~I I ~I CON 1, PT LOT 23,24 RP 4OR-6179 I L-1O.Om PTS. 2,9-11, PART 15,17,16,19 PT 6,7,8 1O.Om1 AND RP 4OR-9889 PART 3 I - 1 I 1 I I 1 J 1 4OR-12675 1 PARTS 6-9 11 20.Om 4OR-12678 1 Q PARE 1 k 2 \ O ` Zo.o•m ~ S.Om W X ORNE p151~• D HIGHWAY 401 BUILDING ENVELOPE SPECIAL POLICY AREA ® BUILD TO ZONE MPROV HOME TO ZONES ENT CENTRE BUILD N SCHEDULE R TO BY-LAW 677807 AMENDED BY BY-LAW 692008 PASSED THIS 15th DAY OF December 2008 ISSUE DATE: FEB. 12, 2010 FEB 1 9 2010 �Ir *y CITY OF PICKERING PL090079 t PLANNING&DEVELOPMENT DEPARTMENT CITY OF PICKERING Ontario EB j 2G10 Ontario Municipal Board Commission des affaires municipales de l'Ontario INpp � I EAITIYNNubsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Pentans Development Limited To: E; Subject: By-law No. 6920/08 cOPY Municipality: City of Pickering L-ot --L-_ OMB Case No.: PL090079 v OMB File No.: PL090079 APPEARANCES : � _.e,r..�...�..,..__._...._i Parties Counsel*/Acienti City of Pickering A. Allison* Pentans Development Limited A. Trembling Brookdale Centres Inc. M. Gray, G. Goyo DECISION DELIVERED BY C. CONTI AND ORDER OF THE BOARD This is a hearing regarding settlement of an appeal by Pentans Development Limited ("Appellant") of proposed Zoning By-law Amendment No. 6920/08. The City of Pickering adopted the By-law Amendment to adjust the location of the right-of-way of a future road so that it would be located partially on lands owned by Brookdale Centres Inc. and partly on lands owned by the Appellant. The Board heard that in a previous By-law Amendment the future road had been shown as being entirely on the property of Brookdale Centres Inc. By-law Amendment No. 6920/08 was passed to more accurately reflect the City's intent that the road be equally split between the Brookdale Centres Inc. and Pentans Development Limited properties with 10 m of the right-of-way located on each. This intent to split the road right-of-way on the two properties is the reason for the appeal. The Board heard that the parties have reached a settlement based upon an adjusted location for the proposed road that is acceptable to the three parties. Minutes 4c:••. - 2 - PL090079 of Settlement (Exhibit 2, Tab 18) were filed which contain provisions for the revised road location and other related matters of agreement among the parties. The Board heard evidence regarding the settlement from Ross Pym, Principal Planner with the City of Pickering. Mr. Pym is a Registered Professional Planner with more than 20 years of experience. He was qualified by the Board as an expert in land use planning. Mr. Pym explained that the subject lands are located in the Town Centre West neighbourhood of Pickering. The lands are designated Mixed Corridor in the Pickering Official Plan and Living Area in the Region of.Durham Official Plan. Mr. Pym indicated that land uses are not in dispute among the parties. The only dispute involves the location of the proposed road. Mr. Pym stated that the subject property had previously been used for industrial purposes, but is in the process of redeveloping for commercial use. In the redevelopment of the properties, the City had anticipated that there would be an internal road network. Mr. Pym indicated that the City's concept had been for a road in the location now proposed in the settlement and in the revised By-law Amendment (Exhibit 2, Tab 19). Mr. Pym stated that while the location of the road in the By-law under appeal is acceptable, the location determined through the settlement which is incorporated into the revised By-law Amendment is preferable. He also noted that a clause has been incorporated into the revised By-law .Amendment to allow relief from the City's requirement for a 3 m setback for parking in commercial areas from the proposed road allowance. Mr. Pym indicated that this provision has been included to allow parking to occur in a few areas of the Brookfield site which encroach into the 3 m setback. Mr. Pym's expert opinion is that the revised By-law Amendment complies with the policies of the Official Plans of both the City of Pickering and the Region of Durham. He indicated that no provincial policies are affected by the proposed By-law. He stated that the revised By-law Amendment represents good planning and indicated that it should be approved. Nto 4.2 1/44 - 3 - PL090079 The other parties concurred with the City's submissions and with the Minutes of Settlement. The Board accepts the uncontradicted evidence provided by the City. Based upon the evidence, the Board finds that the proposed By-law Amendment (Exhibit 2, Tab 19) is appropriate, it complies with the applicable planning documents . and it represents good planning. Based upon the revised By-law Amendment and the terms set out in the. Minutes of Settlement, the Board will allow the appeal in partand approve the revised By-law Amendment. . Order THE BOARD ORDERS that the appeal against By-law Amendment No. 6920/08 of the City of Pickering is allowed in part based upon the terms set out in the Minutes of Settlement (Exhibit 2, Tab 18); And Furthermore, By-law Amendment No. 6920/08 is amended as set out in Attachment"1" to this Order. In all other respects the appeal is dismissed. • So Orders the Board. - - "C. Conti" C. CONTI MEMBER