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HomeMy WebLinkAboutBy-law 2349/87 R 870105 Ontario Commission des affaires municipales de I'Ontario IN THE MATTER OF Section 34 of Jgt~ ~5 1987 the Planning Act, 1983 AND IN THE MATTER OF appeals by Gordon W. Potts, Brian Edwards, The Regional Municipality of Durham, L. Cahill and others against Zoning By-law 2349/87 of the Corporation o~ the Town of Pickering BEFORE : ) Tuesday, the 16th day J. A. WHELER ) Member ) of June, 1987 THESE APPEALS having come on for a public hearing this day and the Board having been advised that these appeals are withdrawn; THE BOARD ORDERS that the appeals against By-law 2349/87 are hereby dismissed. SECRETARY THK CORPORATION OF THE TOWI9 OF PICKERING BY-LAN NUMBER 2 5 4 9 / 8 7 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 Part of Lot 21, Concession 1, in the Town of Pickering. (A 23/86; A 27/86) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of residential condominium apartments and an office building including a bank and ancillary retail uses to occur on the subject lands being Part of Lot 21, Concession 1; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULES #I#, "'II# AND "III" Schedules "I", "II" and "III" attached hereto with notations references shown thereon are hereby declared to be part of this By-law. and 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 21, Concession 1, Pickering, designated "RHII", and "CO-l" on Schedule "I" attached hereto. 3. GENERAL PROVISIONS 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. DEFINITIONS In this By-law, (1) "Bedroom" shall mean a room of a dwelling unit which room i~--used or intended to be used for sleeping purposes, and has an area of at least 7 square metres, which area shall include a closet having an area of at least 0.55 square metres; (2) "Business Office" shall mean a building or part of a building {~ whi6h the management or direction of a business, a public or private agency, a brokerage or a fraternal organization is carried on, and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; continued... 2 (3) (4) (5) (6) (7) (8) (9) (lO) (a) "Dwelling" shall mean a building or part of a building conta~n~T~ one or more dwelling units; (b) "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 kitchen and sanitary facilities; (c) "Apartment Dwelling" shall mean a dwelling containing four or more dwelling units attached horizontally or vertically, each unit having access from an internal corridor system connecting with at least one common entrance from outside the dwelling; "Financial Institution" shall mean an institution in which money is depo~d, kept, lent or exchanged; "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; (a) "Lot" shall mean an area of land fronting on a street that is used or intended to be used as the site of a 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) "Residential Lot Coverage" shall mean the percentage of lot area covered by all buildings containing residential dwelling units, except those parts of such buildings containing permitted mechanical, recreational, security, parking and other ancillary residential facilities; "Office-Associated Commercial Establishment" shall mean an establishment providing retail goods, equipment or wares related to the normal operation of a business office or a professional office; "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; "Restaurant-Type B" shall mean a building or part of a 6uilding where food is prepared or offered or kept for retail sale to the public for immediate consumption in the building or buildings on the premises only; "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; continued... 3 5. PROVISIONS (1) (a) Uses Permitted ("RHII" Zone) No person shall within the lands designated "RHII" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) apartment dwelling residential uses (b) Zone Requirements ("RHII" Zone) No person shall within the lands designated "RHII" on Schedule "I" attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (i) YARD SETBACKS (minimum): (ii) BUILDING HEIGHT (maximum): as illustrated on Schedule "II" attached hereto (iii) as illustrated on Schedule "III" attached hereto RESIDENTIAL LOT COVERAGE (maximum): 20 percent iv) DENSITY: A For the purpose of this clause, "density" shall mean the number of dwelling units on a lot, divided by the area, in hectares, of that lot including all public walkways or promenades thereon. B Density shall be calculated in a cumulative manner as the lands are developed; all dwelling units and lot areas included in previous density calculations shall be included in subsequent density calculations. C }ginimum density: 178 dwelling units per hectare. D Maximum density: 180 dwelling units per hectare. (v) NUMBER OF DWELLING UNITS: (maximum) 1137 (vi) PARKING REQUIREMENTS: A For the purpose of this clause, "parking space" shall mean a useable and accessible area of not less than 15.95 square metres for the temporary parking of vehicles, but shall not include any portion of a parking aisle or driveway; a "tandem parking space" shall mean a parking space that does not have direct access to a parking aisle or driveway but that abuts end to end with a parking space having direct access to a parking aisle or driveway; continued... B C D E F G Notwithstanding Sections 6.5b) and 6.5c) of By-law 3036, as amended, there shall be provided and maintained on the lands a minimum of 1.50 parking spaces per dwelling unit for residents, and 0.25 parking space per dwelling unit for visitors. All resident parking shall be provided below grade. Visitor parking shall be provided at grade or below grade, or both; Sections 5.21.2a), 5.21.2b), 5.21.2e) and 5.21.2i) of By-law 3036, as amended, shall not apply to lands designated "RHII" on Schedule "I" attached hereto; At grade parking areas shall be set back a minimum of 3.0 metres from all road allowances; Notwithstanding Section 5.21.2g) of By-law 3036, as amended, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; A maximum of 20 percent of the resident parking spaces may be tandem parking spaces; required provided as Notwithstanding Section 2.2.1 of By-law 3036, as amended, underground parking aisles and ramps leading thereto shall have a minimum perpendicular width of 5.7 metres. (vii) SPECIAL RESTRICTIONS: A There shall be no more than 2 bedrooms in any dwelling unit; B Notwithstanding Section 2.46c) of By-law 3036, as amended, the boundary of the lands designated "RHII" on Schedule "I" attached hereto that: (I) abuts Highway No. 2 shall be deemed to be the front lot line; and II) abuts No. 2 line; all public roads other than Highway shall be deemed to be the rear lot C Notwithstanding Section 5.7 of By-law 3036, as amended, yards required to be provided by this By-law may be obstructed by buildings, structures, and fences associated with permitted mechanical, recreational, security, parking and other ancillary residential facilities. (2) (a) Uses Permitted ("CO-l" Zone) No person shall within the lands designated "CO-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) business office (ii) financial institution continued... 5 (iii) (iv) (v) office-associated commercial establishment, subject to the provisions of subcl~use (vi) of clause (b) of this subsection professional office restaurant-type B, subject to the provisions of subclause (vi) of clause (b) of this subsection (b) Zone Requirements ("CO-l" Zone) No person shall within the lands designated "CO-i" on Schedule "I" attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (i YARD SETBACKS (minimum): as illustrated on Schedule "II" attached hereto (ii BUILDING HEIGHT (maximum): as illustrated on Schedule "III" attached hereto (iii) LOT COVERAGE (maximum): 45 percent (iv) GROSS LEASABLE FLOOR AREA (maximum): 4500 square metres (v PARKING REQUIREMENTS: A For the purpose of this clause, "parking space" shall mean a useable and accessible area of not less than 15.95 square metres, for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; B There shall be provided and maintained on the lands a minimum of 4.8 parking spaces per 100 square metres floor area for the first 500 square metres gross leasable floor area, plus 4.5 spaces per 100 square metres floor area for the next 500 square metres gross leasable floor area, plus 2.8 parking spaces per 100 square metres floor area for all remaining gross leasable floor area. Parking shall be provided above grade, at grade or below grade, or any combination thereof; C Sections 5.21.2a) and 5.21.2b) of By-law 3036, as amended, shall not apply to the lands designated "C0-1" on Schedule "I" attached hereto; D At grade parking areas shall be set back a minimum of 3.0 metres from all road allowances; E Notwithstanding Section 5.21.2g) of By-law 3036, as amended, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. (vi SPECIAL RESTRICTION: office-associated commercial establishments and restaurants-type B shall be permitted only within a building or structure that contains business offices, professional offices, or both business and professional offices, and that may also contain financial institutions. The aggregate of the gross leasable floor areas of all such office-associated commercial establishments and restaurants-type B shall not exceed 20 percent of the gross leasable floor area of all business and professional offices within the building or structure. continued... 6 6. BY-LAW 3036 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 "I" attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 2. By-law 1261/81 is hereby repealed. 7. ENFORCF24ENT (1) Any person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than $20,000; and (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. (2) Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $50,000; and (b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted. and not as provided in subsection (1). (3) %~ere a conviction is entered under subsection (1), in addition to any other remedy or penalty by law, the court in which the conviction has been emtered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 19th DAY OF January , 1987. READ A THIRD TIME AND PASSED THIS ]gth DAY OF January , 1987. TOW~ OF PICI~ E RH',IG APPROVED LEGAL DE~T. CLfERK BRUCE J. TAYLOR CO -1 RHII SCHEDULE 'I' TO BY-LAW 2349/87 PASSED THIS 19th DAY OF January 1987 SCHEDULE 'II' TO BY-LAW z349/87 19th PASSED THIS DAY OF January 1987 SCHEDULE '1~' TO BY-LAW 2349/87 PASSED THIS 19th DAY OF January 1987 I~,~¢OR (J6HN EFAN~ ) / / /CLERK ( BRUCE d. hAYmR) NOTE: The lines delineated on this Schedule are intended only to define the areas within which the stated building height maximums are to be applied. These lines are not intended to form or comprise lot lines or legal boundary division lines.