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HomeMy WebLinkAboutBy-law 5416/98THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 5416/98 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham in Part of Lot 20, Concession 1, in the Town of Picketing. (A 3/94) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of high density residential and mixed uses; 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: SCHEDULE I Schedule I attached hereto with declared to be part of this By-law. notations and references shown thereon is hereby AREA RESTRICTED Thc provisions of this By-law shall apply to those lands in Part of Lot 20, Concession 1, Picketing, designated "RH/MU-2" on Schedule I attached hereto. 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. DEFINITIONS In this By-law, (1) "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; (2) "Business Office" shall mean a building or part of a building not exceeding 250 square metres of gross leasable area in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carded 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 broadcasting station, but shall not include a retail store; (3) "Convenience Store" shall mean a building or part of a building containing a retail store not exceeding 250 square metres of gross leasable area in which food, drags, periodicals or similar items of day-to-day household necessity are kept for retail sale primarily to residents of or persons employed in the immediate neighbourhood; (4) "Day Nursery" shall mean lands and premises duly licensed pursuant to the provisions of the Day Nurseries Act, or any successor thereto, for use as a facility for the daytime care of children, and shall not exceed 250 square metres of gross leasable area; -2- (5) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (6) "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; (7) "Floor Space Index" shall mean the ratio of the aggregate of the floor areas of the specified use or uses established or to be established in a zone (excluding any building or part of a building below grade), to the area of that zone; (8) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (9) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic, or a cellar; (10) "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; (11) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or 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; (12) "Multiple Dwelling-Horizontal" shall mean a building containing three or more dwelling units attached horizontally, not vertically, by an above-grade wall or walls; (13) "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; (14) "Personal Service Shop" shall mean a building or part of a building in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or a dressmaking shop or a photographic studio, but shall not include a body-mb parlour as defined in section 221 (9)(b) of the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto, and shall not exceed 250 square metres of gross leasable area; (15) "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (16) "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-mb parlour as defined in section 221 (9)(b) of the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto, and shall not exceed 250 square metres of gross leasable area; (17) "Storey" shall mean that portion of a building 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; (18) "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. -3- PROVISIONS (1) Uses Permitted ("RH/MU-2" Zone) (2) No person shall within the lands designated "RH/MU-2" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) (ii) (iii) (iv) (v) (vi) business office; convenience store; day nursery; multiple dwelling-horizontal; multiple dwelling-vertical; personal service shop; and (vii) professional office. Zone Requirements ("RH/MU-2" Zone) No person shall within the lands designated "RHIMU-2" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) (ii) (iii) FLOOR SPACE INDEX: (maximum) BUILDING HEIGHT: A B 3.0; No building, part of a building, or structure less than 16.0 metres and 6 storeys in height, or greater than 35.0 metres and 10 storeys in height, shall be erected within the "hatched" area of the "RH/MU-2" Zone, identified on Schedule I attached hereto; No building, part of a building, or structure shall be erected outside the "hatched" area of the "RH/MU-2" Zone as illustrated on Schedule I attached hereto, that is less than 8.5 metres and 2 storeys in height, or greater than 16.0 metres and 6 storeys in height; C No building, part of a building, or structure shall be erected within the build-to-zone illustrated on Schedule I attached hereto, less than 12.0 metres in height; BUILDING LOCATION AND SETBACKS: A Despite section 5.22(1) 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, part of a building, or structure shall be erected within the "hatched" area of the "RH/MU-2" Zone, unless a minimum of 70% of the length of the build-to-zone within the "hatched" area, as illustrated on Schedule I attached hereto, contains a building or part of a building; (iv) -4- c No building, part of a building, or structure shall be erected outside the "hatched" area of the "RH/MU-2" Zone, unless a minimum of 80% of the length of the build-to-zone outside the "hatched" area, as illustrated on Schedule I attached hereto, contains a building or part of a building; D Within the "hatched" area of the "RH/MU-2" Zone, any portion of a building or structure in excess of 16.0 metres in height, shall be set back a minimum of 3.0 metres from the main wall of the building or structure which faces the northern and western limits of the "RH/MU-2" Zone, as identified on Schedule I attached hereto; E Outside the "hatched" area of the "RH/MU-2" Zone, and within the build-to-zone, any portion of a building or structure in excess of 13.0 metres in height, shall be set back a minimum of 3.0 metres from the main wall of the building or structure which faces the western limits of the "RI-I/MU-2" Zone, as identified on Schedule I attached hereto; F Notwithstanding clause A above, below grade parking structures shall be permitted beyond the limits of the building envelope identified on Schedule I attached hereto, but no closer than 0.5 metres from the limits of the lands; G The horizontal distance between multiple dwelling buildings shall be a minimum of 1.8 metres; PARKING REQUIREMENTS: A There shall be provided and maintained a minimum of 4.5 parking spaces per 100 square metres of gross floor area for all permitted uses listed in Section 5(1) of this By-law, except for multiple dwelling-vertical and multiple dwelling-horizontal. Non-resident parking shall be provided at grade, in a below grade structure, or both; B For each multiple dwelling-vertical, there shall be provided and maintained a minimum of 1.2 parking spaces per dwelling unit for residents, and 0.3 of a parking space per dwelling unit for visitors. All resident parking spaces shall be provided in a below grade structure. Visitor parking shall be provided at grade, in a below grade structure, or both; C For each multiple dwelling-horizontal, there shall be provided and maintained a minimum of 1.2 parking spaces per dwelling unit for residents, and 0.3 of a parking space per dwelling unit for visitors. Parking spaces shall be provided at grade, in a below grade structure, or both. Parking spaces may also be provided in a private garage attached to the dwelling unit it serves; D All entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; E At grade parking lots shall be permitted no closer than 3.0 metres from the limits of the "RH/MU-2" Zone identified on Schedule I attached hereto, or any road; -5- (v) SPECIAL REGULATIONS: A Any development of the lands on Schedule I attached hereto shall include no less than 99 dwelling units within the "hatched" area of the "RH/MU-2" Zone, identified on Schedule I attached hereto, and no less than 73 dwelling units within the remaining lands; B No part of any attached private garage shall protrude beyond the wall containing the main front entrance to the dwelling unit; C The vehicular entrance of a private garage shall be no more than 3.1 metres wide, and shall be set back a minimum 6.0 metres from the nearest traffic aisle; D Non-residential uses shall only be permitted within a building containing dwellings units. The non-residential uses shall be limited to the first two storeys of a building, which shall be a minimum 6 storeys in height; E Covered porches, verandahs and entrance flankage features, the floor of which is not more than 1.5 metres above the grade of the adjacent front, rear, or flankage side yard, may project no more than 1.5 metres beyond the limits of building envelope shown on Schedule I attached hereto; F The aggregate gross leasable floor area for all non-residential permitted uses shall not exceed 1,000 square metres; G For each multiple dwelling-horizontal unit located adjacent to Valley Farm Road, there shall be provided a minimum one main entrance oriented to Valley Farm Road; H Clauses 5.9, 5.18, 5.21.2(a), 5.21.2(b), 5.21.2(d), 5.21.2(e), 5.21.2(0, 5.21.2(g), 5.21.20c), 5.22, 6.5(b), and 6.5(c) of By-law 3036, as amended, shall not apply to lands designated "RH/MU-2" on Schedule I attached hereto. 6. BY-LAW 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 relevant provisions of By-law 3036, as amended. 7. 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. BY-LAW read a first, second, and third time and finally passed on this December 1998. 7th day of Wayne~3~s, Mayor Bruce Taylor, Clerk 68.0m RH/MU-2 144.0m PART 1 40R-12400 N 16.0m MINIMUM BUILDING HEIGHT BUILD-TO-ZONE BUILDING ENVELOPE SCHEDULE ]: TO BY-LAW PASSED THIS 7th DAY OF December 1998 5416/98 CLER~