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HomeMy WebLinkAboutBy-law 7642/18The Corporation of the City of Pickering By-law No. 7642/18 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as, amended, to implement the Official Plan of the, City of Pickering, Region of Durham, Part of Lot 19, Concession. 3, Now Part 1, 40R-2548 and, Part 1, 40R-26764 in the City of Pickering (A 06/15) Whereas the Council. of The Corporation of the City of Pickering deems it desirable to permit a mixed use development on lands, being Part of Lot 19, Concession 3, Now Part 1, 40R-2548, and Part 1, 40R-26764, City of Pickering;. And whereas an amendment to By-law 3037, as amended, is therefore deemed necessary, Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:. 1. Schedules I; and II Schedules .I and II attached hereto with. notations and references shown thereon. and hereby declared to be part of this By-law. Area Restricted The provisions of this By-law shall only apply to those lands being Part of Lot 19, Concession 3, Now Part 1, 40R-2548, and Part 1, 40R-26764, in the City of Pickering, designated "MU -32" on Schedule I attached hereto. General Provisions. No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. Definitions In this By-law, (1) "Aisle" shall mean an internal vehicle route immediately adjacent to a parking space or loading space which provides vehicular access to and from the parking space or loading space, and is not a driveway. (2) "Amenity Space" shall mean the total passive or active recreational area provided on a lot for the personal, shared or communal use ofthe residents of a building or buildings, and includes balconies, patios, rooftop gardens and other similar features, but does not include indoor laundry or. locker facilities. . By-law No. 7642/18 Page 2 (3) "Angular Plane" shall mean an imaginary flat surface projecting over a lot, at an inclined angle measured up from the horizontal. (4) "Adult Entertainment Establishment" shall mean any premises or part thereof used in the pursuance of a business, if: (a) entertainment or services that are designed to appeal to exotic or sexual appetites are offered or provided in the premises or part of the premises, and without limiting the generality of the foregoing, includes services or entertainment in which a principal feature or characteristic is nudity or partial nudity of any person; or (b) body rubs, including the kneading, manipulating, rubbing, massaging, touching or stimulating by any means of a person's body are performed, offered or solicited in the premises or part of the premises, but does not include premises or part or them where body rubs performed, offered or solicited are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered to do so under the laws of the Province of Ontario; or (c) adult videos are sold, rented, or offered or displayed for sale or rental, where the proportion of adult videos to other videos exceeds 1:10. "Bake Shop" shall mean an establishment where baked goods are made and sold to the public. (5) (6) "Balcony" shall mean an attached covered or uncovered platform projecting from the face of an exterior wall, including above a porch, which is only directly accessible from within a building, usually surrounded by a balustrade or railing, and does not have direct exterior access to grade. (7) "Body Rub Establishment" includes any premises or part thereof where a body rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario. (8) "Building" shall mean a structure occupying an area greater than 10 square metres and consisting of any combination of walls, roof and floor. (9) "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 mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height level between eaves and ridge. A penthouse, 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 excluded in calculating the height of such building. By-law No. 7642/18 Page 3 (10) "Build -to -zone" shall mean an area of land in which all or part of a building elevation of one or more buildings is to be located. (11) "Commercial Fitness/ Recreational Centre" a commercial establishment that has been designed for conduct of sport, athletic and leisure activities such as squash courts, swimming pools, exercise classes and, other; similar indoor recreational facilities are provided and operated for gain or profit, but does not include an adult entertainment establishment, or place of amusement as defined herein... (12) . "Commercial School" shall mean a school which is operated for gain or profit and may include the studio of a dancing teacher, oran art school, a golf, school or any other such school operated for gain or profit, but shall not include any other school defined herein. (13) Convenience Store" shall mean a retail store in which food, drugs, periodicals or similar items of day-to-day household necessities are kept for retail sale primarily to residents of, or persons employed in, the immediate neighbourhood. (14) "Day Care Centre" shall mean: ,(a) indoor and outdoor premises where morethan five children are provided with temporary care and/or guidance for a continuous period but does not provide overnight accommodation and are licensed in accordance with the applicable Provincial Act; or (b) indoor and, outdoor premises in which: care is offered of supplied on a regular scheduleto adults for a portion of a day but does not provide overnight accommodation. . ' (15) "Drive -Through Facility" shall mean the use of land; buildings or structures, or parts thereof, to provide or dispense products orservices through an attendant or a window or an automated machine to persons remaining in motor vehicles that are in a designated stacking land. A drive-through facility must be used in association with permitted uses. (16) : ` "Driveway" shall'mean a private way used to provide vehicular access from a roadway to an off-street parking or loading space or aisle located on the same lot as the principal use. (17) "Dry Cleaning Distribution Centre" shall mean a building or part of a building used for the purpose of receiving articles, goods, 'or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such.processes. (18) Dwelling shall mean: By-law No. 7642/18 Page 4 "Apartment Dwelling" shall mean a residential use building containing four or more principal dwelling units where the units are connected by a common corridor or vestibule, other than a townhouse dwelling or stacked dwelling. "Dwelling. Unit" shall mean a residential, unit that: (i) consists of a self-contained set of rooms located in a building or structure; (ii) ` is used or intended for use as a residential premises; (iii) contains kitchen and bathroom facilities that are intended for: the use of the unit only; and (iv) is not a mobile home or any vehicle "Stacked Dwelling" shall mean a residential use building of four;or fewer storeys in height containing three or more principal dwelling units where the units are divided horizontally and vertically, and in which each dwelling unit has an independent entrance to the interior.. "Townhouse .Dwelling" shall mean a residential use building containing: three or more attached principal dwelling units divided vertically and where all dwelling units are located on a street (19) "Financial Institution" shall mean a building or part of a building in which money is deposited, keptlentor exchanged. (20) "Food Store" shall mean a premises that sells food and other non-food items, primarily on a self-service basis. (21) "Gross Floor. Area" shall mean the total area of each floor whether located above, at or below grade, measured between the exterior faces of the exterior walls of the building at each floor level but excluding any porch, veranda, cellar, mechanical room or penthouse, or areas dedicated to - parking within the building. For the purposes of this definition, the walls of an inner court shall be deemed to be exterior walls. (22) "Gross Leasable Floor Area" shall,mean the aggregate of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade. (23) "Ground Floor" shall mean the floor of a building at or first above grade. (24) "Landscaped Area" shall mean an outdoor area on a lot comprising trees, plants, decorative stonework, retaining walls, walkways, stairs or other landscape or architectural elements, excluding aisles and areas for loading, parking or storing of vehicles. By-law No. 7642/18 Page 5 (25) "Laundromat";shall mean a self -serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment. (26) "Loading Space" shall mean an unobstructed area Of land which is provided and maintained upon the same lot or'lots upon which the principal use is located and which area is provided for the temporary parking of one commercialmotor vehicle while merchandise or materials are being loaded or unloaded from such vehicles. (27) "Main Wall" shall mean a primary exterior front, rear or side wall of a building, not including permitted projections. (28) "Medical Office" shall mean a premises designed and used for diagnosis, examination, and medical, surgical or physiotherapeutic treatment of `. human patients, and which may include pharmacies and dispensaries which are limited to a maximum of 50 square metres .of leasable floor' area, waiting rooms, treatment rooms and blood testing clinics, but shall not include overnight accommodation for in-patient care. (29) • "Motor Vehicle".shall mean an autornobile, motorcycle, recreational•. vehicle, trailer, and any other vehicle propelled, towed or driven otherwise • than by muscular power. (30) "Nighttlub shall mean a building, or part thereof, whose primary function is the provision of theatrical performances, pre-recorded music or live, musical entertainment, whether such music is provided for listening or dancing by the patrons, or any combination of the above functions, and where food and/or beverages may be served, but does not include a restaurant or adult entertainment establishment. (31) "Office" shall mean a building or part thereof, where administrative and clerical functionsare carried, out in the management of a business, profession, organization or public administration, but shall not include a medical office. (32) "Parapet Wall" shall mean the portion of an exteriorwall extending above the roof. (33) "Parking Space" shall mean an unobstructed area of land that is accessible by an aisle, having access to a street or lane that is reserved for the purpose of the temporary parking or storage of one motor vehicle. (34) "Patio" shall mean an outdoor area where seating accommodation can be provided and/or where meals or refreshments are served to the public for consumption. (35) "Parking Area" shall mean one or more parking spaces, including related aisles, for the parking or storage of vehicles accessory or incidental to the main use. By-law No. 7642718 Page 6 (36) "Personal Service Establishment" shall mean a building, structure, or part thereof, where services area provided and administered to individual and personal needs and where retail sale of goods accessory to the service provided is permitted and include, but is not limited to, hair care, aesthetics, health and beauty treatment, dressmaking, tailoring, shoe shining and repair, and Laundromat. (37) "Place of Amusement" shall mean a premises which are devoted to the offering of facilities for the playing of any game for the amusement of the public such as a billiard or pool rooms, bowling alleys, electronic games,, indoor playground, miniature golf courses or roller skating rinks. (38) "Podium" shall mean the base of a building, structure or part thereof located at or above established grade that projects from the tower portion. of the building. (39) "Primary Window" shall, mean all windows except bathroom, hallwa closet or kitchen windows. (40) "Restaurant" shall mean a building or part of a building where the principal business is the. preparation of food and drinks for retail sale to the public for immediate consumption on or off the premises,or both on and off the premises but shall not include a night club. (41) "Retail Store" shall mean a premises in which goods and merchandise are offered or kept for retail; sale or rental to the public. (42), "Storey" shall mean that portion of a`buildiing other than a basement, cellar or attic, included between the surface of any floor and,the surface of the floor, roof deck or ridge next above it. (43) "Street" shall mean a public highway but does not include a lane. Where 0.3 metre reserve abuts a street, or where a daylight triangle abuts a street, for the purposes of determining setbacks the street shall be deemed to include the 0.3 metre reserve and/or the daylight triangle, however, nothing herein shall be interpreted as granting a public right of access over the. 0.3 metre reserve or as an assumption of the 0.3 metre reserve as a public highway for maintenance purposes under the Municipal Act. (44) "Structure" shall mean anything that is erected, built or constructed of parts joined together with a fixed location on the ground, or attached to something having a fixed location in or on the ground and shall' include buildings, walls or any sign, but does not include fences below six feet in height or in ground swimming pools. (45) "Tower" shall mean means the storeys within that portion of a building or structure or part thereof locatedabove the podium. By-law No. 7642/18 Page 7 (46) "Tower Floor Plate" shallmean the average floor area dell :storeys within that portion of a building or structure or part thereof located above the podium, measured to the exterior faces of exterior walls of each storey of a building or structure. (47) "Unencurnbered Transparent Materials" shall mean completely transparent glass or similar transparent material that does not include spandrel glazed windows. '(48) "Veterinary Clinic" shall mean a building or part thereof, where the services of a veterinarian, and facilities for the medicaltreatment, examination, surgery,' diagnosis, grooming, general health care, and observation of domestic animals and birds. Provisions ("MU -32" Zone) (1) Uses Permitted ("MU -32" Zone) (a) No person shall within the lands designated "MU -32" on Schedule 1 attached hereto, use any lot or erect, alter, or use`anybuilding or structure for any purpose except the following: (i) Bake Shop (ii) Commercial Fitness/Recreational Centre (iii) Commercial School (iv) Convenience Store (v) Day ;Care Centre (vi) Drive-through Facility (vii) Dry Cleaning Distribution Centre (viii) Financial lnstitution (ix) Food Store (x) Medical Office (xi) Office (xii) Personal Service Establishment (xiii) Restaurant (xiv) Retail Store (xv) Veterinary Clinic, (2) Zone Requirements'("MU-32" Zone) No person shall within the lands designated "MU -32" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (a) Building Location and Setbacks: (i) Buildings and structures shall be located entirely within the building: envelope as shown on Schedule I attached hereto; By-law No. 7642/18 Page 8 (ii) A minimum of 40 percent of the entire length of the build -to - zone, as shown on Schedule I attached hereto, is required to be. occupied by a continuous portion of a building; (iii) Section 5.20 of By-law 3037, as amended, shall not apply to lands designated "MU=32", on Schedule I attached hereto; (b) Building Height and Functional Floors: (i) Minimum building height: 9.0 metres and 2 functional storeys; '(ii) Despite Section 5(2)(b)(i) above, the minimum height ofa building or structure wholly or partially located within the cross -hatched area as shown on Schedule II attached hereto shall have a minimum building height of 11.,5 metres and 3 functional storeys; (iii) Minimum ground floor height: 4.5 metres; (c) ` Floor Space Areas: :(i) Minimum total gross,floor area:.12,400 square metres (ii) Despite Section 5(2)(c)(i) above, a minimum grossfloor area of 3,000 square metres shall be provided above the ground floor; (d) : Landscaped Area (i) Minimum landscaped area width abutting the west property line: 3.0 metres (e) Parking Requirements: q� (I). Parking' spaces shall be a minimum of 2.6 metres in width and 5.3 metres in length, exclusive of am/ land used fo r access, manoeuvring, aisles, driveways or similar purpose; (ii) For all uses listed in Section 5(1) of this by-law, there shall be provided and maintained a minimum of 4.5 parking spaces per 100 square metres of gross leasable floor area; (iii) Despite Section 5(2)(e)(i) above, there shall be provided and maintained a minimum of 2.5 parking spaces per 100 square metres of gross leasable floor area for all permitted uses located above the ground floor; (iv) Parking shall be provided at grade, in a below grade structure or any combination thereof; (v) At grade parking areas and driving aisles shall be permitted no closer .than 3.0 metres from any property line; By-law No. 7642/18 Page 9 (vi) All entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; (vii) Parking spaces for any uses listed in Section 5(1) of this by-law may be located on the adjacent Hydro Corridor lands immediately to the south, where a legal easement or an agreement exists; (viii) Sections 5.19.1 and 5.19.2 of By-law 3037, as amended, shall not apply to lands designated "MU -32", on Schedule l attached. hereto; (f) Drive-through Facility Requirements: (i) A maximum of one (1) drive-through facility is permitted on lands designated "MU -32", on Schedule I attached hereto; (ii) A drive-through queuing lane shall not be located between the building and any public street; (iii) A drive-through queuing lane shall be, setback -a minimum of 15.0 metres from a residential use on an adjacent property; (iv) A minimum of eight (8) vehicle queuing spaces before the order board and four (4) vehiclesqueuing spaces betweenthe order board and -pick -:up window shall be provided: (g) Special Regulations: (i) A minimum of 60 percent of all ground floor facades of a building facing Brock Road and Palmer's Sawmill Road shallbe comprised ,of openings and unencumbered transparent material; (ii) A minimum of 33 percent of all facades above the ground floor for buildings facing Brock Road and Palmer's Sawmill Road shall be constructed of unencumbered transparent material; (iii) Despite Section 5(2)(a)(i) of this By-law, patios associated with a restaurant use are permitted to encroach beyond building envelope, as identified on Schedule l of this By-law; (iv) Patios associated with a restaurant use is not considered to be gross floor area or gross leasable floor area; (v) Despite Section 5(2)(a)(i) of this By-law, canopies, awnings and associated supporting structures are permitted to project to within 1.5 metres of a property line; By-law No. 7642/18 Page 10 (vi) Garbage and recycling areas are required to be contained within a fullyenclosed structure attached or integrated into a building for which it is accessory to. (3) Special provisions for Apartment Dwelling; ("MU -32" Zone) (a) In addition to the list of uses permitted in Section 5(1) of this by-law;the following additional use is permitted within the lands designated "MU -32", on Schedule I attached hereto: (i) Apartment Dwelling (4) Zone Regulations for Apartment dwelling ("MU -32" Zone) In addition to Section (2) Zone Requirement ("MU -32" Zone) of this by-law, any buildingor structure partially or wholly used for an Apartment Dwelling shall ,be subject to the following requirements. (a) Building Height (i) minimum -.11.5 metres and 3 storeys (ii) maximum — 62.0 metres and 20 storeys (b) Building. Height Adjacent to a '. Residential Zone Category (i) building height shall be limited by a 45 -degree` angular plane measured 7.5 metres from a property line abutting a residential use a height of ' 1.0.5 metres above grade (c) •Podium Requirements • Buildings greater than 37.5 metres in height shall, have a podium and a tower component to the building, which shall meet the following requirements:, (i) minimum height of a podium—10.5.metres (ii) maximum height of a podium — 20.0 metres (iii) minimum setback from a podium to a tower- 3.O metres (d) Building Separation • (i) minimum — 11.0 metres, except that the separation may be reduced to.3.0,metres if there,.. are no primary windows or balconies on the mall . , wall facing the adjacent flanking' building (ii) minimum — 18.0 metres for any portion of'a building greater than 25.5 metres in height, except that the separation may be reduced to 11.0 metres if there are no primary windows or balconies on the main wall facing the adjacent flanking building (iii) minimum - 25.0 metres for any portion of a ' building greater than 37.5 metres in height : By-law No. 7642/18 Page 11 (e) Tower Floor Plates (i) maximum tower floor plate for a residential building — 850 square metres (f) Balcony Requirements (i) minimum depth' -.1.5 metres (ii) notwithstanding Section 5.4(h)(i),balconies are . not permitted to project beyond the main wall less than 10.5 metres in height above grade (g) . Amenity Space Requirements for Apartment Dwellings (i) minimum — 2.0 square metres of indoor amenity ; space is required per apartment dwelling unit (ii) ` minimum - 2.0 square metres of outdoor amenity. , space is required per apartment dwelling unit (a:. minimum contiguous area of 40.0 square metres must be provided in a common location) (h) Parking Space requirements for Apartment Dwellings'. (i) ` minimum - 1.0 space per dwelling unit and an additional 0.2 of a space per dwelling unit for visitors 6 By-law 303.7 By-law 3037 is hereby amended only to the extent necessary to give effect to the provisions of this By-law as it appears to the area set out in Schedule 1 attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 7 Effective Date This By=law shall come into force in accordance with the provisions of the Planning Act By-law passed this 25th day of June, 2018:` David Ryan, 394. Debbie. Shields, City Clerk Palmer's Sawmill Road 132,6 m • • - Building Envelope Build -to -Zone Schedule! to By -Law 7642/18 Passed This 25th Day of June 2018 Mayor Clerk E co 0 0 U 0 Palmer's Sawmill Road 28m Minimum Building Height of 11.5 m and 3 Functional Storey's Schedule ,I I to By -Law 7642/18 Passed This 25th Day of June 2018 Mayor Clerk