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Home My WebLink AboutBy-law 6718/07 THE CORPORATION OF THE CITY OF PICKERING BY-lAW NO. 6718/07 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part lot 27, Range 3, Broken Front Concession, Parts 1, 2, & part of 3, 40R-8710, and "West Shore Boulevard (aka Fairport Road) between Kings Highway No. 2 and Kings Highway.. No. 401 being road allowance between Lots 26 and 27, Concession Broken Front", in the City of Pickering. (A 10/05) . WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit a mixed use development for an apartment, and commercial uses on the subject lands, being Part lot 27, Range 3, Broken Front Concession, Parts 1 ,2, & part of 3, 40R-8710, and "West Shore Boulevard (aka Fairport Road) between Kings Highway No. 2 and Kings Highway No. 401 being road allowance between lots 26 and 27, Concession Broken Front", in the City of Pickering; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed nec~ssary; NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING 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 only apply to those lands being Part lot 27, Range 3, Broken Front Concession Parts 1 , 2,& part of 3 40R-8710, "West Shore Boulevard (aka Fairport Road) between Kings Highway No.2 and Kings Highway No. 401 being road allowance between lots 26 and 27, Concession Broken Front", Pickering, designated "RH/MU-6" and "OS-HL" on Schedule I attached hereto. - 2 - DEFINITIONS In this By-law, (1) "Adult Entertainment Parlour" shall mean a building or part of a building in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations. (2) "Art Gallery" shall mean a building or part of a building used for the public or private exhibition of collections of painting and other works of art devoted primarily to the recreation or education for the public, whether or not the same are for sale. (3) "Bakery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale. (4) "Body Rub Parlour" includes any premises or part thereof where a body rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario. (5) "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. (0) "BUSiness Office" shall mean a bUilding or part ot 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. (7) "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. - 3 - (8) "Day Nursery" 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. (9) "Dry Cleaninq Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes. (10) "Dwellinq" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer. (11) "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. (12) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged. (13) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey. (14) "Food Store" shall mean a building or part of a building in which food, produce, and other items or merchandise of day-to-day household necessity are stored, offered or kept for retail sale to the public. (15) "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. (16) "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. (17) "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment. - 4 - (18) "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. (19) "MultiQle Dwellinq-Horizontal" shall mean a building containing three or more dwelling units attached horizontally, not vertically, by an above-grade wall or walls. (20) . "Multiple Dwellinq-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. (21) "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. (22) "Private Garaqe" 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. (23) "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. (24) "Restaurant - Type A" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both, but shall not include an adult entertainment parlour as defined herein. (25) "Retail Store" shall mean a building or part of a building in which goods; wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public.. - 5 - (26) "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. (27) "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. 4. PROVISIONS ("RH/MU-6" Zone) (1) Uses Permitted ("RH/MU-6" Zone) No person shall within the lands designated "RH/MU-6" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) art gallery (b) bakery (c) business office (d) convenience store (e) commercial club (f) day nursery (g) dry cleaning depot (h) financial institution (i) food store (j) laundromat (k) multiple dweliing-vertical (I) personal service shop (m) professional office t.,....\ .._'"""'''''_......_.,...,.&. 1.,........_ "All \11) 1\J~lClulallllytJc;; r\ (0) retail store (2) Zone Requirements ("RH/MU-6" Zone) No person shall within the lands designated "RH/MU-6" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (a) BUILDING HEIGHT: Minimum Maximum 6 Storeys 1 0 Storeys - 6 - (b) BUILDING LOCATION AND SETBACKS: (i) Buildings and structures shall be located entirely within the building envelope shown on Schedule II attached hereto; (ii) No building, part of a building, or structure shall be erected within the "RH/MU-6" Zone, unless a minimum of 70% of the length of the build-to-zone, contains a building or part of a building; (iii) Despite 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; (c) PARKING REQUIREMENTS: (i) There shall be provided and maintained a minimum of 4.5 parking spaces per 100 square metres of gross leasable floor area for all permitted uses listed in Section 4(1) of this by-law, except for multiple dwelling-vertical uses, Non-resident parking shall be provided at grade, in a below grade structure, or both; (ii) For multiple dwelling-vertical uses, there shall be provided and maintained a minimum of 1.0 parking space per dwelling unit for residents, and 0.25 of a parking space per dwelling unit for visitors. Parking spaces for residents shall be provided at grade, in a below grade structure, or both; (iii) All entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; (iv) At grade parking lots shall be permitted no closer than 3.0 metres from the limits of the "RH/MU-6" Zone identified on Schedule I attached hereto, or any road. (d) SPECIAL REGULATIONS: (i) The minimum aggregate gross leasable floor area for all non-residential uses shall be 1 ,500 square metres; (ii) The maximum aggregate gross leasable floor area for all restaurant type "An uses shall be 500 square metres; - 7 - (iii) No drive-thru facilities are permitted on the lands designated "RH/MU-6" as illustrated on Schedule I of this by-law; (iv) Despite Section 4(2)(b)(i) of this By-law, outdoor patios associated with a restaurant type "A" are permitted to encroach beyond the building envelope as illustrated on Schedule II of this by-law; (v) Despite Section 4(2)(d)(ii) outdoor patios associated with a restaurant type "A" will not be included within the' aggregate gross leasable floor area requirements of subclause (ii) above; (vi) For the purpose of establishing building height as per Section 4(2)(a) build height shall be based on the grade at the Kingston Road frontage; (vii) 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 3036, as amended, shall not apply to lands designated IRH/MU-6" on Schedule I attached hereto. 5. PROVISIONS ("OS-HL" Zone) (1 ) Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) preservation and conservation of the natural environment, soil and wildlife; (b) resource management; (c) pedestrian trails & walkways. (2) Zone Requirements ("OS-HL" Zone) (a) No buildings or structures shall be permitted to be erected, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control, resource management, or pedestrian trail and walkway purposes; - 8 - 6. PROVISIONS (U(H)" Zone) (1) Uses Permitted Zone Requirements ("(H)" Zone) Until such time as the U(H)" Holding Provision is lifted, the lands shall not be used for any purpose other than any use permitted by the Storage and Light Manufacturing Zone uM 1-8" of Zoning By-law 3036, as amended by By-law 2443/87. (2) Removal of the U(H)" Holdinq Svmbol The U(H)" Holding Symbol shall not be removed from any zone until such time as a Site Plan A~lreement and/or a Development Agreement has been executed with the City of Pickering and registered that provides for: (a) Appropriate arrangements have been made to the satisfaction of the City of Pickering that all the requirements for the development of the mixed use have been complied with, including but not limited to, env!ronmental and engineering requirements, building designs, easements, urbanization of the boulevard, land transfers and all financial matters; (b) Appropriate arrangements have been made to the satisfaction of the Region of Durham for the provision of sanitary, water and transportation serv~ces and environmental and engineering requirements; (c) Appropriate arrangements have been made to the satisfaction of the Toronto Region Conservation Authonty tor the provision of environmental, engineering and land conveyance requ irements. 7. 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 relevant provisions of by-law 3036, as amended. - 9 - 8. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second, and third time and finally passed this 15th day of January, 2007. .....,)(?.r- ../_..,.. ....,., . (~~ David R~/91or " .- / Debi A. Bentley, City Clerk SHEPPARD ---\ \ \ \ -----L- AVENUE \ I l~~\ \ 0 -() / /) b%L" r----- KINGSTON ROAD 35.3m 52.Bm 13B.Bm '" (H)RH-MU-6 B.F.C. RANGE 3, PT LOT 27 RP 40R8710 PART 1. 2 & PT 3 BF.C. RANGE 3. PT LOT 27 RP 40R8710 PART 1, 2 & PT 3 10.0'" f':OAD ALlDWANCE BETWEEN LOT 26 AND 27 BY-C. i'<ANGE 3 ~ :N ~"\ ,\ r.\-\ ,\\\V' (\ '\ A .J " l' SCHEDULE I TO BY-LAW 6718/07 PASSED THIS 15th DAYOF JANUARY 2007 L...--/-- -- I, CITY CLERK - DEBI A. BENTLEY SHEPPARD -\ \ \ \ AVENUE KINGSTON ROAD , , , , , I, 7.0m" ; (H)RH-MU-6 J , 8.F.C. RANGE 3, PT LOT 27 ,: "", RP 40R8710 PART 1, 2 '---,/-- ",,& PT 3 //--- \6.0<" , / B.F.C. RANGE 3, PT LOT 27 "',,///'/- RP 40R8710 PART i. 2 & PT 3 6.0m 3.0m 4\ /D~ ~ O-D EJO ~ ,1 ~'< 0\G0~\\ r' D,Q\ f2Zj BUiLD- TO-ZONE BUILDING ENVELOPE '1' SCHEDULE n TO BY-LAW 6718/07 PASSED THIS 15th DAY OF JAr~UARY _2007 ~/' '\// '-:' h _-~----, MAYOR - DAVID !'i. ~ . . -... (~...././ CITY CLERK"- DEBI A. BENTLEY