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HomeMy WebLinkAboutBy-law 7444/15 The Corporation of the City of Pickering By-law No.7444/15 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, in Part of Lot 18, Concession 3, City of Pickering (SP-2013-04 & A 8/13) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lot 18, Concession 3, in the City of Pickering to permit a mixed use development consisting of stacked townhouses, back-to-back . • stacked townhouses, back-to-back townhouses, and apartment buildings that contain ground floor commercial uses. And whereas an amendment to By-law 3037, as amended, is required to permit such uses; 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 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 Part of Lot 18, Concession 3 in the City of Pickering, shown as MU-28 and MU-MD-1. on Schedule I attached hereto. 3. 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. 1 By-law No. 7444/15 Page 2 4. Definitions In this By-law, (1) "Amenity Area" means an outdoor area located anywhere on a lot, or the roof of a parking structure, private garage or any other building which includes landscape area, but which may also include areas of decking, decorative paving or other similar surface and includes a balcony, porch or deck and which has direct access from the interior of the dwelling unit. (2) "Balcony" means 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. (3) "Bay, Bow or Box Window" means a window that protrudes from the wall of a dwelling usually bowed, canted, polygonal, segmental, semicircular or square sided with a window on the front face in plan; one or more storeys in height, which may or may not include a foundation and may or may not include a widow seat. (4) "Building, Apartment" means a building containing more than four dwelling units where the units are connected by an interior corridor. (5) "Building, Back-to-Back Townhouse" means a building containing a minimum of 4 units that is divided vertically and where each unit is divided by common walls, including a common rear wall without a rear yard setback, and whereby each unit has an independent entrance to the unit from the outside accessed through the front yard or exterior side yard. (6) "Building, Back-to-Back Stacked Townhouse" means a building containing four or more principal dwelling units where the units in each pair are divided horizontally, and the pairs are divided vertically, including a common rear wall without a rear yard setback, and whereby each unit has an independent entrance to the unit. (7) "Building, Stacked Townhouse" means a building containing four or more principal dwelling units where the units in each pair are divided horizontally, and the pairs are divided vertically, and in which each dwelling unit has an independent entrance to the unit. (8) "Commercial Fitness/Recreational Centre" means a commercial establishment in which indoor fitness and recreational facilities are provided and operated for gain or profit, but does not include a place of amusement. By-law No. 7444/15 Page 3 (9) "Day Care Centre" means: a) indoor and outdoor premises where more than 5 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 or supplied on a regular schedule to adults for a portion of a day but does not provide overnight accommodation. (10) "Dry-Cleaner's Distributing Station" means premises used for the purpose of receiving articles or goods of fabric to be laundered or dry-cleaned elsewhere and does not include a dry cleaning establishment. (11) "Dry Cleaning Establishment" means premises in which the business of laundry or dry cleaning is housed and where the cleaning, drying, ironing, and finishing of such goods is conducted. (12) "Front Wall" means the closest point, measured at grade level, of the wall of a building facing or most nearly facing the street from which the building has its primary entrance door. (13) "Lane" means a thoroughfare not intended for general traffic circulation that provides means of vehicular access to the rear of a lot where the lot also fronts or flanks onto a.street, or where a lot fronts onto public or private open space. The lane may be maintained by a condominium corporation as a private road condominium or by a governmental authority. (14) "Park, Private" means a park which is maintained by a condominium corporation. (15) "Patio" means an outdoor amenity area where seating accommodation can be provided and/or where meals or refreshments are served to the public for consumption. (16) "Porch" means a roofed deck or portico structure attached to the exterior wall of a building. A basement may be located under the porch. (17) "Primary Entrance Door" means the principal entrance by which the public • enters or exits a building or individual retail/commercial unit or the resident enters or exits a dwelling unit. (18) "Restaurant" means a building or part of a building where the principal business is the preparation of food 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. By-law No. 7444/15 Page 4 (19) "School, Commercial" means a building, or part thereof, where instruction of a skill is provided for profit and may include instruction in a trade, business, art, music, dance, cooking, athletic skill or any other specialized instruction but does not include a commercial fitness/recreation centre a college or university. (20) "Storey, First" means the storey with its floor closest to grade and having its ceiling more than 1.8 metres above grade. (21) "Street, Private" means: a) a right-of-way or roadway that is used by vehicles and is maintained by a condominium corporation; b) a private road condominium, which provides access to individual freehold lots; c) a roadway maintained by a corporation to provide vehicular and pedestrian access to parking lots and individual retail/commercial units; d) a private right-of-way over private property, that affords access to lots abutting the private street; but is not maintained by.a public body and is not a lane. 5. Provisions • (1) Uses Permitted("MU-28") No person shall within the lands zoned "MU-28" 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 building (ii) back-to-back stacked townhouse (iii) commercial fitness/recreational centre (iv) commercial school (v) day care centre (vi) dry-cleaner's distributing station (vii) financial institution (viii) office, business (ix) office, professional (x) personal service shop (xi) restaurant (xii) retail store (xiii) stacked townhouse By-law No. 7444/15 Page 5 (2) Zone Requirements No person shall within the lands zoned "MU-28" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) Building Location and Setbacks: (i) No building, part of a building, or structure shall be erected outside of the building envelope illustrated on Schedule II attached hereto. (ii) No building or portion of a building or structure shall be erected unless a minimum of 60 percent of the length of the build-to-zone along the Brock Road frontage, and a minimum of 60 percent of the length of the build-to-zone along the Street `A' frontage, as illustrated on Schedule II attached hereto, contains a building or part of a building. (iii) 60 percent of the non-residential floor facade of the first storey of an apartment building along any street line shall consist of openings and transparent glazing along any street line. (iv) The primary entrance door open to the public shall be incorporated into the wall of any building facing a street line. (v) For any portion of an apartment building located within the MU-28 Zone, and facing Brock Road, a minimum 3.0 metre stepback shall be required between the 3rd and 8th storey. (vi) Despite Section 5(2)(a)(i) above, below grade parking structures shall be permitted beyond the limits of the building enveloped identified on Schedule II attached hereto, but no closer than 0.5 metres from the limits of the lands. (vii) The minimum setback between buildings shall be 4.0 metres. • (b) Number of Dwelling Units • (i) Minimum number of apartment dwelling units — 220 units (c) Building Height (minimum): (i) Apartment Building -20.0 metres (6 storeys) (ii) Stacked Townhouses — 11.0 metres (3 storeys) (iii) Back-to-Back Stacked Townhouses — 11.0 metres (3 storeys) By-law No. 7444/15 Page 6 (d) Building Height (maximum): (i) Apartment Building —26.0 metres (8 storeys) (ii) Stacked Townhouses — 13.0 metres (4 storeys) (iii) Back-to-Back Stacked Townhouses — 13.0 metres (4 storeys) (e) Minimum balcony depth — 1.5 metres (f) Private Residential Amenity Area — minimum 4.5 square metres per dwelling unit (g) Minimum ground floor height within an apartment building — 4.5 metres (h) Minimum gross leasable floor area of 1,000 square metres for all non-residential uses in an apartment building. (i) Parking Requirements (i) For residential uses, there shall be provided and maintained a minimum of 1.0 parking space per dwelling unit for residents, plus an additional 0.2 of a parking space per dwelling unit for visitors. (ii) For non-residential uses, there shall be provided and maintained a minimum of 4.0 parking spaces per 100 square metres of gross leasable floor area. (iii) Despite Section 5(2)(i)(ii) above, there shall be provided and maintained a minimum of 10 parking spaces per 100 square metres of gross leasable floor area for all restaurants that exceeds a total gross leasable floor area of 500 square metres. (iv) All required parking spaces, except for visitor parking shall be provided within an underground parking structure. (v) All entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. (j) Obstruction of Yards Despite Section 5(2)(a)(i), architectural projections, including balconies, covered porches, platforms and awnings may project outside the building envelope identified on Schedule II of this By-law, to a maximum projection of 2.5 metres from the main wall of the building, uncovered steps may project outside the required building envelope to the lot line. By-law No. 7444/15 Page 7 (k) Special Regulations (i) Despite Section 5(2)(a)(i), an outdoor patio associated with a restaurant is permitted to encroach beyond the building envelope identified on Schedule II of this By-law. (ii) Despite Section 5(2)(i)(ii), an outdoor patio associated with a restaurant is not considered to be gross leasable floor area. (iii) Clauses 5.21.2(a), 5.21.2(b), 5.21.2(e), 5.21.2(f), 5.21.2(g), and 5.21.2(k) of By-law 3037, as amended, shall not apply. (3) Uses Permitted ("MU-MD-1") No person shall within the lands zoned "MU-MD-1" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) Stacked Townhouse (ii) Back-to-Back Townhouse (iii) Back-to-Back Stacked Townhouse (4) Zone Requirements No person shall within the lands zoned "MU-MD-1" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) Building Location and Setbacks: (i) No building, part of a building, or structure shall be erected outside of the building envelope illustrated on Schedule II attached hereto. (ii) The minimum setback between buildings shall be 4.0 metres. (b) Building Height (maximum)— 12.0 metres (c) Minimum balcony depth - 1.5 metres (d) Residential Amenity Area — minimum 4.5 square metres per dwelling unit (e) Parking Requirements (i) For stacked townhouse and back-to-back stacked townhouse dwelling units, there shall be provided and maintained a minimum of 1.5 parking spaces per dwelling unit for residents, plus an additional.0.2 of a parking space per dwelling unit for visitors. By-law No. 7444/15 Page 8 (ii) For back-to-back townhouse dwelling units, there shall be provided and maintained a minimum of 2.0 parking spaces per dwelling unit for residents, plus an additional 0.2 of a parking space per dwelling unit for visitors. (iii) Any vehicular entrance for an enclosed private garage shall be located a minimum of 6 metres from the private street that provides vehicle access to the private garage. (iv) Each parking space within a private garage shall have a minimum width of 3.0 metres and a minimum depth of 6.0 metres provided, however, the width may include one interior step and the depth may include two interior steps. (v) Each surface parking space, not within a private garage or on a driveway shall have a minimum width of 2.6 metres and a minimum depth of 5.3 metres. (vi) No parking lot or parking space shall be permitted within ' 3.0 metres of a streetline. (f) Obstruction of Yards Despite Section 5(4)(a)(i), architectural projections, including balconies,covered porches, platforms and awnings may project outside the building envelope identified on Schedule II of this By-law, to a maximum projection of 2.5 metres from the main wall of the building, uncovered steps may project outside the required building envelope to the lot line. (g) Special Regulations (i) Minimum total area for private parks shall be 0.19 hectares, which can be built in 2 phases with the first phase having a minimum area of 0.12 hectares. (ii) The minimum pavement width for a private street shall be 6.5 metres. (iii) Despite the provisions of Section 5.6 of By-law 3037, as amended, the requirement for the frontage on a public street shall be satisfied by establishing frontage on a private street. (iv) Clauses 5.21.2(a), 5.21.2(b), 5.21.2(e), 5.21.2(f), 5.21.2(g), and 5.21.2(k) of By-law 3037, as amended, shall not apply. By-law No. 7444/15 Page 9 6. By-law 3037 By-law 3037, 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 matter not specifically dealt with in this By-law shall be governed by the 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 21st day of September, 2015. gar David Ry. - , a •r Debbie Shields, City Clerk I I I I I I I I I I I I I III ► _ I I I I I 1°Mr211 I I I I I I I 1 _ 46.1m 125.8m E co Vi . CALICO MEWS 5.3m 1 1 1 1 1 E co I I j40�Ai2i7 j 0o m- MU ` MU-MD-1 EARL GREY —28 AVENUE m LI 5.3m E • co E 0 ui 0 24,,,,, 31.0m 131.4m m . Q ° STREET 'A' N o Y 30.4m 131.6m CU O ti^ti m Q O 6.7m m Q E v.• E N w W 0 5.3m m MU-28 MU-MD-1 E 0. co co 9.3m E • m 4.3m E . co of 36.5m 132.9m 40M-2482 . 1 N SCHEDULE I TO BY-LAW 7444/15 PASSED THIS 21st . DAY OF SEPTEMBER 2015 �/ . , • MAYOR CLERK • • I I I I I I I I I I I I I I I I I _ i' I I I ICI I I I I I I I I I I I I — t .' t 0 m o CALICO MEWS _ I I_ I I I i IIIII IIIII 1 1 1 1 1 i 3.0m ►/... EARL GREY 3.Om AVENUE p— 3.0m — WW E of 3.0m f(� �n 6° r 0 Q f a0 A . t t z STREET 'A' o • 1 r U . 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