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HomeMy WebLinkAboutBy-law 5374/98THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 5 3 7 4/9 $ 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 33, Range 3, B.F.C., in the Town of Picketing. (A 18/97) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to permit the development of townhouse units and the retention of an existing building for commercial purposes on the subject lands in the short term and the redevelopment of the commercial block for various commercial uses in the long term; 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 The provisions of this By-law shall apply to those lands in Part of Lot 33, Range 3, B.F.C., Pickering, designated "MD-H4", "MU-Il" and "OS-HL-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. 4. DEFINITIONS In this (1) (2) (3) By-law, "Building" shall mean a building in which is conducted the principal uses of the lot on which it is situated. In any residential zone, a building containing one or more dwelling units shall be deemed to be the main building; "Building Height" shall mean the vertical distance between the established grade and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof, the deck line, or in the case of a gabled, hip or gambrel roof, the mean height level between eaves and ridge. A penthouse tower, cupola, steeple or other roof structure which is used only as an ornament upon which or to house the mechanical equipment of any building, shall be disregarded in calculating the height of such building; "Build-to-Zone" shall mean an area of land within which all or part of a building or buildings are to be located; (4) (5) (6) (7) (8) (9) (10) (11) (12) -2- "Business Office" shall mean a building or part of a building in which one or more persons are employed in the management, direction or conducting of a business, a public or private agency, a brokerage or a labour or fraternal organization, 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; (a) "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; Co) "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; (c) "Multiple Dwelling" shall mean a building containing three or more dwelling units attached horizontally, or vertically, or both, by an above grade wall or walls; "Functional Floor Level" shall mean an enclosed building storey containing an area of at least 50% of the building's ground floor area, and a ceiling height suitable for the intended use; "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; Co) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a parallel to and 7.5 metres distant from the front lot line; "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; "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 the Municipal Act, R.S.O. Chapter M.45, as amended from time to time, or any successor thereto; "Restaurant - Type E" shall mean a building or part of a building where food is prepared or offered or kept for retail sale to the public for immediate consumption in the building or elsewhere on the premises; "Retail Store" shall mean a building where goods, wares, merchandise, substances, articles or things are stored, offered or kept for retail sale to the public; -3- (13) (14) "Structure" shall mean anything installed, constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground and, without limiting the generality of the foregoing, includes a vehicle as defined in the Highway Traffic Act, but does not include an in-ground swimming pool; (a)/ "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; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; "Side Yard" shall mean a yard of a lot extending from the from yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a tankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a tankage side yard. o PROVISIONS (1) (a) Uses Permitted ("MD-H4" Zone) No person shall within the lands designated "MD-H4" 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 -4- (b) Zone Requirements ("MD-H4" Zone) No person shall within the lands designated "MD-H4" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) BUILDING RESTRICTIONS: A Building Location and Setbacks (I) Buildings and structures shall comply with the minimum setbacks illustrated on Schedule I attached hereto; (II) The horizontal distance between multiple dwelling buildings shall be a minimum of 3.0 metres; (III) Section 5.22 of By-law 3036, as amended, shall not apply to lands designated "MD-H4" on Schedule I attached hereto. B Building Height (I) Maximum: 13.5 metres. (ii) PARKING REQUIREMENTS: A Notwithstanding clauses 6.5 b) and 6.5 c) of By-law 3036, as amended, for development that provides resident parking in a private garage, there shall be provided and maintained on the lands one private garage attached to the dwelling, one parking space located between the vehicular entrance of the private garage and the nearest traffic aisle, and a minimum of 0.3 visitor parking spaces for each dwelling unit; B Clauses 5.21.2a) to 5.21.20, inclusive and clause 5.21.2i) of By-law 3036, as amended, shall not apply to lands designated "MD-H4" on Schedule I attached hereto; C Notwithstanding clauses 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. (2) (a) Uses Permitted ("MU-11" Zone) No person shall within the lands designated "MU-11" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) Restaurant Type E (ii) Professional Office (iii)Business Office (iv) Retail Store -5- (b) Zone Requirements ("MU- 11" Zone) No person shall within the lands designated "MU-11" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) BUILDING RESTRICTIONS A Building Location and Setbacks: (i) A minimum of 60% of the length of the Build-To-Zone illustrated on Schedule I attached hereto shall have located on it, a building or part of a building or buildings. (II) Notwithstanding clause I above, a deck, patio, or any building addition having a gross floor area less than 10 square metres, shall not be considered to be a building or part of a building for the purpose of satisfying the requirements of that clause only; B Building Height (minimum): two functional floor levels and 7.0 metres. C Building Height (maximum): six functional floor levels and 21 metres. (ii) PARKING REQUIREMENTS: A There shall be provided and maintained on the lands designated "MU-1 l"parking at a ratio of 5.5 spaces per 93 square metres gross leasable area for Retail Store uses, and Business Office and Professional Office uses; B There shall be provided and maintained on the lands designated "MU-11" parking at a ratio of 8.0 spaces per 93 square metres per gross leasable floor area for Restaurant - Type E uses; C Clauses 5.21.2a) to 5.21.20, inclusive, of By-law 3036, as amended, shall not apply to the lands designated "MU-11" on Schedule I attached hereto; D Notwithstanding clauses 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all entrance and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete, or any combination thereof. (iii) SPECIAL REGULATIONS: A All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display; -6- (3) (4) B Notwithstanding the provisions of subsection 5.2.a. and subsections 5.2.b.i), 5.2.b.ii) and 5.2.b.iii. A) above, the building existing on the lands designated "MU-II" on Schedule I attached hereto, on the date of passing of this by- law, as shown on the survey plan prepared by Brown & Coggan Ltd, Ontario Land Surveyors, dated July 13, 1988, shall be deemed to comply with the provisions of By-law 3036, as amended, and the uses therein shall be limited to a Retail Store, Professional Office, Business Office or Restaurant - Type E. (i) The provisions of Sections 5.21.2.b), 5.21.2.d) and Section 2.2.1) of By-law 3036 shall not apply to the existing building and site. (II) The minimum width for a two-way traffic aisle shall be 5.5 metres. (III) Parking shall be provided and maintained at a ratio of 5.5 parking spaces per 93 square metres of gross leasable floor area for a Professional Office, a Business Office and a Retail Store and at a ratio of 8.0 parking spaces per 93 square metres of gross leasable floor area for a Restaurant - Type E. Any external alterations or additions to the existing building as shown on the survey plan prepared by Brown & Coggan Ltd, Ontario Land Surveyors, dated July 13, 1988 or new development on the lands shall comply with the provisions of the "MU-11 zone, Subsections 5.2.a), 5.2.b.i), 5.2.b.ii), and 5.2.b.iii.A) set out herein. (a) Holding Provisions Prior to an amendment to remove the "(H)" - Holding symbol preceding the zone category "MD-H4" and "MU-11", the following condition must be met: A Development Agreement shall be entered into between the Town of Picketing and the owner of the lands to which the "(I-I)" - Holding Symbol applies, and registered on title to the lands described as Part 1, Plan 40R- 10685, Part 1, Plan 40R-7821, and Part 2, Plan 40R-18415. (a) Uses Permitted ("OS-HL-I" Zone) No person shall within the land designated OS-HL-1 on Schedule I attached hereto use any land for any purpose except the following: (i) conservation of the natural environment, soil and wildlife; and, (ii) resource management. (b) Zone Requirements COS-HL-I" Zone) No buildings or structures shall be permitted to be erected nor any existing buildings or structures be modified or changed, 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, or resource management. -7- o BY-LAW By-law 3036 as amended, 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, as amended. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this 8th day of Septembe~ 1998. Wayne Arthurs, Mayor Bruce Taylor, Clerk TOP OF BANK AS DEFINED BY T.R.C.A. MAP SHEET No. M.T.R. 6-2 '. / ~ 6 ~ (H)MD-H4 (H)MD-H4 ~ 0 (H)MU-1 6. On3 24.4m O$-HL-1 0 BUILD-TO-ZONE MAXIMUM BUILDING ENVELOPE SCHEDULE :!: TO BY-LAW PASSED THIS 8th DAY OF s~.PT~.~.~ 1998 5374/98 MAYOR CLERK SHEPPARD AVENUE HOW~-L!_ CRESCENT RICHARDSON LITTLEFORD STOVER CRES. DRIVE ROUGEMOUNT DR~E STREET DRIVE GATE RoAD ~o'k Il--- ROAD TOYN['VALE ROAD DRIVE Town of Pickering Planning Department [DATE SEPT. 1/98