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HomeMy WebLinkAboutBy-law 6119/03THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6 1.1.9 /03 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 20, Concession 1, in the City of Pickering. (A 16/02) WHEREAS the Council of the Corporation of the City of Pickering 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 CITY OF PICKERING HEREBY ENACTS, AS FOLLOWS: 1. SCHEDULE I Schedule I attached hereto with notations and references shown thereon is 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 20, Concession 1, in the City of Pickering, designated "RH/MU-2" 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) "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 in which the management or direction of a business, a public or private agency, a brokerage or a labour or 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; (3) "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; (4) "Day Nurser rte" shall mean lands and premises duly licensed pursuant to the provisions of The Day Nurseries Act, or any successor thereto, and for the use as a facility for the daytime care of children; (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; -2- (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) "Living Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a living area, and containing sanitary facilities; (12) "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; (13) "Multiple Dwelling-Horizontal" shall mean a building containing three or more dwelling units attached horizontally, not vertically, by an above- grade wall or walls; (14) "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; (15) "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, and may include the provision of nursing services, medical care or treatment, and ancillary administrative offices, 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; (16) "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, 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; (17) "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; (18) "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; -3- 5 (19) "Retirement Home" shall mean a residence providing accommodation primarily for retired persons or couples where each private bedroom or living unit has separate entrance form a common hall, where common facilities for the preparation and consumption of food are provided and common lounges, recreation rooms, medical care facilities and ancillary administrative offices may also be provided; (20) "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; (21) "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. PROVISIONS (1) Uses Permitted ("RH/MU-2" Zone) 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) business office; (ii) convenience store; (iii) day nursery; (iv) multiple dwelling-horizontal; (v) multiple dwelling-vertical; (vi) nursing home; (vii) personal service shop; (viii) professional office; (ix) retirement home; (2) Zone Requirements ("RH/MU-2" Zone) 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 except in accordance with the following provisions: (i) FLOOR SPACE INDEX: (maximum) 3.0; (ii) BUILDING HEIGHT: A For Multiple Dwelling Vertical uses; Minimum 3 Storeys and 10 metres; Maximum 16 Storeys and 45 metres; B For Multiple Dwelling Horizontal uses; Minimum 3 Storeys and 8.5 metres; Maximum 6 Storeys and 16 metres; -4- C For Nursing Home and Retirement Home uses; Minimum 3 Storeys and 9 metres; Maximum 8 Storeys and 24 metres; (iii) BUILDING LOCATION AND SETBACKS: A Buildings and structures shall be located entirely within the building envelope shown on Schedule I attached hereto; B Any multiple dwelling-vertical, nursing home, and\or retirement home use shall only occur within "hatched" area, as illustrated on Schedule I attached hereto; C 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; D No building, part of a building, or structure shall be erected outside of the "hatched" area of the "RH/MU-2" Zone, unless a minimum of 70% of the length of the build-to-zone, as illustrated on Schedule I attached hereto, contains a building or part of a building; E For multiple dwelling-vertical buildings located within 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 "RH/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- horizontal buildings shall be a minimum of 1.8 metres; H Despite the provisions of Section 5.6 of By-law 3036, the requirement for frontage on a public street shall be satisfied by establishing frontage on a common elements condominium street. (iv) 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, multiple dwelling-horizontal, nursing home and retirement home uses. Non-resident parking shall be provided at grade, in a below grade structure, or both; -5- B For 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. Parking spaces shall be provided at grade, in a below grade structure, or both; C For 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 For nursing home and retirement home uses, there shall be provided and maintained a minimum of 0.2 parking spaces per living unit for residents, and 0.05 parking spaces per living unit for visitors. Parking spaces shall be provided at grade, in a below grade structure, or both; E All entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; F 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; (v) SPECIAL REGULATIONS: A For residential uses, the lands designated "RH/MU-2" on Schedule I attached hereto, shall be developed at a density of over 80 units per net hectare and up to and including 180 units per net hectare; 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 Despite Section 2.2.1 of By-law 3036, the minimum width of a two-way traffic aisle shall be 6.0 metres; 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 1 attached hereto; F Non-residential uses shall only be permitted within a building containing dwelling units or living 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; G The aggregate gross leasable floor area for all non- residential permitted uses shall not exceed 1,000 square metres; -6- H The maximum gross leasable floor area for each business office, convenience store, day nursery, personal service shop, and professional office shall be 250 square metres; For each multiple dwelling-horizontal unit located adjacent to Valley Farm Road, there shall be provided a minimum one main pedestrian entrance oriented to Valley Farm Road; J Clauses 5.9, 5.18, 5.21.2(a), 5.21.2(b), 5.21.2(d), 5.21.2(e), 5.21.2(f), 5.21.2(g), and 5.21.2(k) of By-law 3036, as amended, shall not apply to lands designated "RH/MU-2" on Schedule I attached hereto. 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 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. (2) By-laws 5416/98 and 5710/00 which amended By-law 3036 are hereby revoked. 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 day of April , 2003. 7th Wayne Arthurs, Mayor ruce Taylor, Clerk Goole \-"I--?e-??OP O? 1 ' ? 3.Om A RH/MU-2 a\ PART 1 40R-12400 - ?f ?-4.5m BUILD-TO-ZONE - - BUILDING ENVELOPE SCHEDULE I TO BY-LAW PASSED THIS 7th DAY OF April 2003 ??Py QPQ' MAYOR CLER