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HomeMy WebLinkAboutBy-law 6172/03ISSUE DATE: July 30, 2003 DECISION/ORDER NO: 1059 Ontario CLERK'S DIVISION Ontario Municipal Board Commission des affaires municipales de I'Ontario 2003 PL980542 Hilda Lennox has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c.13, as amended, from Council's refusal or neglect to enact a proposed zoning by-taw amendment to Zoning By-law No. 3036, as amended, of the Town Of Pickering to rezone the lands comprising Part of Lot 20, Concession t, from "Agricultural (A)" to an appropriate zoning to permit high density residential uses Town File No. A62/88 OMB File No. Z980096 BEFORE: ) MARIE HUBBARD ) VICE CHAIR ) Tuesday the, 29th day of July, 2003 THIS MATTER having come' on for public hearing, and the Board withholding its Order until this day; AND THE BOARD having received a copy of an amended by-law from the Solicitor acting for the City, which reflects the intent of the Board's decision and is in a form acceptable to the Municipality; THE BOARD ORDERS that the Restricted Area (Zoning) By-Law 3036 is amended in the manner set out in the Board's Decision (No. 0831) issued April 27, 1999 and attached herto as Attachment '1'; ACTING SECRETARY ATTACHMENT '1' PL980542 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6172/03 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 62/88) WHEREAS it is deemed desirable to permit the establishment of high density residential and mixed uses in Part of Lot 20, Concession 1, in the City of Pickering; AND WHEREAS an amendment to By-law 3036, is therefore deemed necessary; NOW THEREFORE THE ONTARIO MUNICIPAL BOARD ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached hereto with notations and hereby declared to be part of this By-law. references shown thereon is AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 20, Concession 1, Pickering, designated "(H)RH/MU-I" 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) "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, drugs, 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; (3) "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; (4) "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; (5) "Dwellinq 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; 2 (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) "Floor Space Index" shall mean the ratio of the aggregate of the floor ~reas of the specified use or uses established or to be established in a zone, to the area of that zone; "Floor Area Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; "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; "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; "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; "Multiple Dwelling-Horizontal" shall mean a building containing three or more dwelling units attached horizontally, not vertically, by an above- grade wall or walls; "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 floorsl or both; "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-rub 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; "Private Gara.qe', 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; "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 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; "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 ("(H)RH/MU-I" Zone) No person shall within the lands designated "(H)RHIMU-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) multiple dwelling-horizontal; (ii) multiple dwelling-vertical; (iii) convenience store; (iv) day nursery; (v) personal service shop; and (vi) professional office. (2) Zone Requirements ("(H)RH/MU-I" Zone) No person shall within the lands designated "(H)RH/MU-I" 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 the purpose of this clause, building height shall mean the vertical distance between the established grade and the highest point on the robf surface Or parapet. A penthouse tower, cupola, steeple or other roof structure, which is used only as an ornament upon or to house mechanical equipment of any building shall be disregarded in calculating building height; B No building, part of a building, or structure that is less than 16.0 metres and 6 storeys in height, or greater than 35.0 metres and 12 storeys in height, shall be erected on the lands; C Notwithstanding clause B above, buildings, part of a building, or structures less than 16.0 metres and 6 storeys in height are permitted within 35 metres of the southern boundary of the "(H)RH/MU-I" Zone identified on Schedule I attached hereto; (iii) BUILDING LOCATION AND SETBACKS: A For the purpose of this clause, the building envelope and build-to-zone abutting the west side of the lands shown on Schedule I attached hereto, shall be measured from the western property line, or, the eastern limits of a new public road, should one be established; B 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; -4- (iv) C No building, part of a building, or structure shall be erected on the lands unless a minimum of 90% of the length of the northern build-to-zone 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 on the lands unless a minimum of 75% of the length of the western build-to-zone illustrated on Schedule I attached hereto, contains a building or part of a building; E 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 "(H)RH/MU-I" Zone identified on Schedule I attached hereto; F Any portion of a building or structure in excess of 11.0 metres in height, shall be set back a minimum of 20.0 metres from the southern limits of the "(H)RH/MU-I" Zone identified on Schedule I attached hereto; G Notwithstanding clause B 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; H The horizontal distance between multiple dwelling buildings shall be a minimum of !.8 metres; 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 shall not include any portion of a parking aisle; B 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; C For each multiple dwelling-vertical and 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. 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; -5- (3) (4) D Notwithstanding clause C above, parking for dwelling units of multiple dwelling-horizontal structures within 35 metres of the southern limits of the "(H)RH/MU-I" Zone identified on Schedule I attached hereto, is permitted to be provided by one private garage attached to the dwelling unit it serves, and a minimum of one parking space, having a minimum length of 6.0 metres, located between the vehicular entrance of the private garage and the nearest traffic aisle; 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 "(H)RH/MU-I" Zone identified on Schedule I attached hereto, or any road; G 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), 5.21.2(k), 5.22, 6.5(b), and 6.5(c) of By-law 3036, as amended, shall not apply to lands designated "(H)RH/MU-I" on Schedule I attached hereto; (v) SPECIAL REGULATIONS: A Any development of the lands on Schedule I attached hereto shall include no less than 124 dwelling units and no more than 159 dwelling units subject to the provisions of (3)(a) and (b) below; B No part of any attached private garage shall project beyond the wall containing the main front entrance to the dwelling unit; C Non-residential uses shall be limited to the first two storeys of a building containing dwelling units, and such building shall be a minimum 6 storeys in height; D The aggregate gross leasable floor area for all non- residential permitted uses shall not exceed 1,000 square metres. Uses Permitted ("(H)"Holding Zone) Despite the provisions of Section 5(1) of this By-law, while the "(Hy holding symbol in place, no person shall, within the lands zoned "(H)RH/MU-I" on Schedule I attached hereto, use any lot or erect, alter or use any buildings or structures for any purpose except those uses permitted in Section 7.1 of By-law 3036, as amended. Removal of "(H)" Symbol Prior to an amendment to remove the "(H)" - Holding Symbol preceding the zone category "RH/MU-I", the following conditions must be met: -6- (a) (b) A site plan agreement under Section 41 of the Planning Act, R.S.O. 1990 c.p. 13, or any successor thereto, shall be entered into between the City of Pickering and the owner of the lands to which the "(H)" - Holding Symbol applies, and registered on title to the lands, to provide for development in accordance with the provisions of this by-law; An appropriate development agreement shall be entered into between the City of Pickering and owner of the lands to which the "(H)" - Holding Symbol applies to address such matters as parkland dedication, and the proportionate share of the construction, servicing and land costs for the public road along the west:side of the property. 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. o EFFECTIVE DATE This By-law shall take effect from the date of the Order of the Ontario Municipal Board. PARTS £ & J / 40Ry .. PART 5, #OR-- 710J '~//~ BUILD--TO--ZONE ~-~ BUILDING ENVELOPE 4.5m% Om R'H/MU-1 ,Om 3:Om ~ SCHEDULE I TO BY-LAW AS MADE BY ONTARIO MUNICIPAL BOARD ORDER DATED JULY 29, 2o03 (O.M.B. FILE Z980096) ROAD ROAD LODGE BOULEVARD AVENUE FINCH ;UBJECT PROPERTY 0 GETA CIRCLE REYBER COURT :NBAKER COURT COURT City of Pickering Planning & Development Department DATE JULY 16, 2003