Loading...
HomeMy WebLinkAboutBy-law 4451/94 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4 4 5 3_/9 4 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Blocks E, F, and G, Plan M-1024 in the Town of Pickering. (A 25/93; OPA 93-003/P) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of attached dwellings, hotel commercial, and various cultural and community uses to occur on the subject lands being Blocks E, F, and G, Plan M-1024: and WHEREAS an amendment to By-law 3036, as amended, is therefore necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE 'T' Schedule "I" attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Blocks E, F, and G, Plan M-1024, Picketing, designated "RH/MU" on Schedule 'T' attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conlbrmity with the provisions of this By-law. 4. DI~FINITIONS Iq this By-law, (1) ~ shall mean an area of land in which all or part of a building elevation o£one or more buildiugs is located; (2) "Cultural Centre" shall mean a building or part of a building where facilities catering to the activities of one or more ethnic groups are provided~ which may include facilities for the performing or fine arts, or for activities of a social, recreational, political, religious, or educational nature, or for the preparation and serving of food or drink, but does not include overnight accommodation facilities or a retail store: (3) ~ shall mean lands and premises duly licensed pursuant to the provisions of the Day Nurseries Act, or auy successor thereto, for the use as a facility for the daytime care of children; (4) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitcheu and sanitary facilities; -2- (5) "Hotel" shall mean a building, or two or more attached buildings used for the purpose of providing the public with temporary accommodations, having a minimum of 25 accommodation units accessed by internal corridors, and uses accessory thereto, including meeting rooms, conference rooms, recreational facilities, banquet halls, and dining and lounge areas; (6) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site ora building, or a group of buildings, as the case may be. together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (c) ~ shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (7) "Multiple Dwelling-Horizontal" shall mean a building containing three or more dwelling units attached horizontally, not vertically, by an above-grade wall or walls: (g) "Multiple Dwelling-Vertical" shall mean a building containing three or more dwelling units attached horizontally and vertically by an above-grade wall or walls, or an above-grade floor or floors, or both; (9) "Museum" shall mean a building or part of a building used for the purpose of exhibiting to the public a collection of artifacts of historical interest, and for the purposes of acquiring, conserving, assembling, interpreting, and studying such artifacts; (10) "Nursing Home" shall mean a building or part of a building where people are lodged, fed, cared and provided for, and may be aided in any or all daily activities, or provided nursing services, medical care or treatment, which is operated by a private, public, religious, cultural or charitable organization, and which is duly licensed pursuant to the laws of the Province of Ontario; (11) "Place of Religious Assembly" shall mean lands or premises where people assemble for worship, counseling, educational, contemplative or other purposes of a religious nature, which may include social, recreational, and charitable activities, and offices for the administration thereof; (12) "Yard" 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 are specifically permitted thereon. 5. PROVISIONS (1) (a) Uses PermitI¢0 ("RH/MU" Zone) No person shall, within the lands designated "RH/MU" on Schedule "I" attached hereto, use any lot, or erect, alter, or use any building of structure for any purpose, except the following: (i) cultural centre (ii) day nursery (iii)hotel (iv) multiple dwelling- horizontal -3- (v) multiple dwelling- vertical (vi) museum (vii) nursing home (viii) place of religious assembly (b) Zone Rec~uirements ("RH/MU" Zone) No person shall, within the lands designated "RH/MU" on Schedule 'T' attached hereto, use any lot, or erect, alter, or use any building except in accordance with the following provisions: (i) LOT AREA (minimum): 0.4 hectares (ii) LOT FRONTAGE (minimum): 30 metres (iii)LOT COVERAGE (maximum): 40 percent (iv) BUILDING SETBACKS: A Despite section 5.22(7) of By-law 3036, no building, part of a building, or structure shall be erected outside the building envelope shown on Schedule "I" attached hereto; B No building or structure shall be erected on the lands unless a minimum of 50% of the building elevation of the side of that building or structure adjacent to Pickering Parkway is located within the build-to-zone shown on Schedule 'T' attached hereto; C For the purpose of determining the percentage of building elevation to be located within any build-to-zone, the 'building elevation' shall mean the linear distance measured between lines drawn perpendicularly to the build-to-zone at each end of a building elevation ora building or structure; (v) BUILD1NG HEIGHT: A No building, part of a building, or structure that is less than a height of 6 metres, or is more than a height of 35 metres shall be erected on the lands, except that in the area hatched on Schedule 'T' attached hereto, the maximum building height shall be 25 metres; B The minimum building height provision set out in A above does not apply to accessory structures, or to a place of religious assembly; (vi) PARKING REQUIREMENTS: A For the purpose of this clause, "parking space" shall mean a usable and accessible area of not less than 2.6 metres in width and not less than 5.3 metres in length for the temporary parking of a vehicle, but sball not include any portion ora parking aisle or driveway; -4- B There shall be provided and maintained a minimum of 5.0 parking spaces per 100 square metres of gross floor area for all permitted uses listed in Section 5(l)(a) of this By-law, except for multiple dwelling - vertical, multiple dwelling - horizontal, hotel, place of religious assembly, and day nursery uses; C For each multiple dwelling - vertical and multiple dwelliug - horizontal unit there shall be provided and maintained a minimum of 1.2 parking spaces per unit for residents, and 0.3 of a parking space pet' dwelling unit for visitors: D For hotel uses there shall be provided and maintained a minimum of I parking space per accommodation unit, plus 3.6 spaces per 100 square metres gross floor area devoted to ancillary/support uses and public uses including meeting rooms, conference rooms. banquet hails, recreational facilities, dining rooms and lounges, but excluding washrooms and lobbies; E For place of religious assembly uses there shall be provided and maintained a minimum of one parking space per four persons design capacity; F For day nursery uses there shall be provided and maintained a minimum of 5.0 parking spaces per 100 square lnetres activity room floor area; G Section 5.21.2(b) of By-law 3036, as amended, shall not apply to lands designated "RH/MU" on Schedule "I" attached hereto; H All parking areas shall be set back a minimum of 3 metres from all lot lines; Despite Section 5.21.2(g) of By-law 3036, as amended, all parking areas shall be paved; (vii) SPECIAL PROVISIONS: A If the lands designated "RH/MU" on Schedule "I" attached hereto are developed for residential uses, no less than 128 dwelling units and no more than 260 dwelling units shall be permitted, however, a minimum of 60 dwelling units and a maximum of 77 dwelling units may be located within the area hatched on Schedule "1" attached hereto; B Notwithstanding Section 2.46(c)(i) of By-law 3036, the boundary of the lands designated "RH/MU" on Schedule 'T' attached thereto which abuts Pickering Parkway shall be deemed to be the front lot line. 6. BY-LAW 3036 (1) By-law 3036, 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 'T' attached hereto. Definitions and subject matters not specifically dealt with in this By-laxv shall be governed by the relevaut provisions of By-law 3036, as amended; -5- (2) By-law 2176/86 is hereby repealed. 7. EFFECTIVE DATE This By-law shall take effect from the day Ministerial approval of the corresponding official plan amendment (Amendment No. 83 to the Pickering District Plan) is granted, subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME TH1S 27th DAYOF JUNE , 1994. READ A THIRD TIME AND PASSED THIS 27thDAY OF 3UNE , 1994. MAYOR WAYNE ARTHURS BRUCE J. TAYLOR TOWN OF PiCKERING APPROVED AS 10 FOR LEGAL D~PT. BLOCK D PLAN M- ~ 02 4 © BLOCKS E, F & PLAN M- 1024 ,~.~--9'~'~'~>' --~- BUILD-TO-ZONE (3.Om TO 7.0m) r.~=l BUILDING ENVELOPE L--J ~ ZONE BOUNDARY SCHEDULE "I" TO BY-LAW'~s]-/94 PASSED THIS 27t~ DAY OF ~u~ 1994 MAYOR / .~~ COURT 0 PICKERING PARKWAY CIRCLE COURT SUBJE¢T 0 z O ~.0~ .¢~G¢',,N F'f ALLIANCE 0 T STREET BAYL~Y STREET Town of Pickermg Planning Department