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HomeMy WebLinkAboutBy-law 7085/10 The Corporation of the City of Pickering By-law No. 7085/10 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 of Lot 18; Concession 2, in the City of Pickering. (A 19/09) Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a mixed use development. for townhouse dwelling units, apartment buildings and commercial uses on the subject lands, being Part of Lot 18, Concession 2, in the City of Pickering; 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. Schedules I and II Schedules I and 11 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 in Part of Lot 18, Concession 2, Pickering, designated "RH/MU-3", and "OS-HU on Schedule I attached hereto. 3. 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) "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; By-law No. 7085/10 Page 2 (3) "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; (4) "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; (5) "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; (6) "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership, but shall not include an adult entertainment parlour; (7) "Commercial Music School" shall mean a school which is operated for gain or profit and contains the studio of a music teacher; (8) "Commercial School" shall mean a school which is operated for gain or profit and may include the studio of a dancing teacher, or an art school, a golf school or any other such school operated for gain or profit, but shall not include any other school defined herein; (9) "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; (10) "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; (11) "Dry Cleaning 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; (12) "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; By-law No. 7085/10 Page 3 (13) "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; (14) "Dwelling, Single Attached or Single Attached Dwelling" shall mean one of a group of not less than three adjacent dwellings attached together horizontally by an above grade common wall; (15) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (16) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (17) "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; (18) "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; (19) "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; (20) "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; (21) "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; (22) "Multiple Dwelling-Horizontal" shall mean a building containing three or more dwelling units attached horizontally, not vertically, by an above- grade wall or walls; (23) "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; By-law No. 7085/10 Page 4 (24) "Parking Space, Tandem" shall mean two parking spaces with one parking space located immediately behind another parking space and where both spaces are for the exclusive use of one dwelling unit; (25) "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; (26) "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; (27) "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; (28) "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; (29) "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; (30) "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; (31) "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. By-law No. 7085/10 Page 5 4. Provisions ("RH/MU-3" Zone) (1) Uses Permitted ("RH/MU-3" Zone) (a) No-person shall within the lands designated "RH/MU-3" on Schedule attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) . bakery; (ii) business office; ; (iii) convenience store; (iv) commercial club; (v) commercial music school; (vi) commercial school; (vii) day nursery; (viii) dry cleaning depot; (ix) financial institution; (x) food store; (xi) Laundromat; (xii) multiple dwelling-horizontal; (xiii) multiple dwelling-vertical;' (xiv) personal service shop; (xv) professional office; (xvi) restaurant - type A; (xvii) retail store: (b) In buildings containing multiple dwelling-horizontal and multiple dwelling- vertical uses, only the following commercial uses will be permitted: (i) business office; (ii) commercial school; (iii) personal service shop; (iv) professional office; (v) retail store. (2) Zone Requirements ("RH/MU-3" Zone) No person shall within the lands designated "RH/MU-3" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (a) Floor Space Areas: (i) In buildings containing multiple dwelling-horizontal and commercial uses or multiple dwelling-vertical and commercial uses, the commercial uses may only be located on the ground floor and each individual commercial enterprise shall provide a minimum gross leasable floor area of 70 square metres; By-law No. 7085/10 Page 6 (ii) The maximum gross leasable floor area for any individual convenience store, food store, or retail store shall be 500 square metres; (b) Building Height: Within and at 70.0 metres of Brock Road Right of Way: Minimum 3 Storeys and 12.0 metres Maximum 8 Storeys and 26.0 metres Beyond 70.0 metres of Brock Road Right of Way: Minimum 3 Storeys Maximum 4 Storeys (c) 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-3" Zone, unless a minimum of 85% of the length of the build-to-zone, contains a building or part of a building; (iii) For any building in excess of five storeys in height having a front wall located within the-build-to-zone', any portion of a building or structure in excess of two storeys in height, shall be set back a minimum of 3.0 metres from the main wall of the building or structure at grade;' (iv) Notwithstanding Section4(2)(c)(i) above, below grade parking structures shall be permitted beyond the limits of the building envelope identified on Schedule 11 attached hereto, but no closer than 0.5 metres from the limits of the'lands; (v) The horizontal distance between multiple dwelling-horizontal buildings shall be ,a minimum of 1.8 metres; (d) .Parking Requirements: (i) There shall be provided and maintained a minimum of 4.0 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; multiple dwelling-horizontal uses. Non-resident parking shall be provided at grade, in a below grade structure, or both; By-law No. 7085/10 Page 7 (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 in a below grade structure, at grade or both. Visitor parking shall be provided at grade; (iii) For multiple dwelling-horizontal uses, there shall be provided and maintained a minimum of 2.0 parking spaces per dwelling unit for residents, and 0.25 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 rear of the dwelling unit it serves. Visitor parking shall be provided at grade; (iv) All entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; (v) At grade parking lots shall be permitted no closer than 3.0 metres from the limits of the "RH/MU-3" Zone identified on Schedule attached hereto, or any road; (vi) 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 "RH/MU-3", on Schedule I attached hereto. (e) Special Regulations: (i) The maximum aggregate gross leasable floor area for all restaurant-type A uses shall be 500 square metres; (ii) No drive-thru facilities are permitted on lands designated "RH/MU-3"; (iii) Despite Section 4(2)(c)(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; (iv) Despite Section 4(2)(d)(i) of this By-law, covered walkways with supporting structures, are permitted to encroach beyond the building envelope as illustrated on Schedule II of this By-law; (v) Despite Section 4(2)(a)(ii) outdoor patios associated with a restaurant type "A" will not be included within the aggregate gross leasable floor area requirements of subclause (i) above; and By-law No. 7085/10 Page 8 (vi) For residential uses, the lands shall be developed at a density of over 30 units per net hectare and up to and including 80 units per net hectare, up to a maximum of 60 units. 5. Provisions ("(H) RH/MU-3" Zone) (a) Uses Permitted ("(H) RH/MU-3" Zone) Until such time as the "(H)" Holding Provision is lifted, the lands shall not be used for any purpose other than any use as permitted by the Section 7 provisions of Rural Agricultural Zone "A" of Zoning By-law 3036. (b) Removal of the "(H)" Holding Symbol The "(H)" Holding Symbol shall not be removed from the "RH/MU-3" zone until the completion of the following: • acceptance of an updated Master Environmental Servicing Plan (MESP) by the City and the TRCA • acceptance of a Stormwater Management and Hydrogeological Report, consistent with the updated MESP, by the City and the TRCA • acceptance of a revised Environmental Impact Study by the City and the TRCA • receipt of an acceptance letter from the Ministry of Culture of the Stage 1 and 2 Archaeological Report • acceptance of a Noise Impact Study by the Region • acceptance of an updated Phase I Environmental Site Assessment by the Region of Durham • execution and registration of a Development Agreement with the City of Pickering containing the provisions that: (i) the owner agrees to convey lands as may be required through the recommendation of the Update to the Master Environmental Servicing Report for the construction of a stormwater management facility and open space lands; (ii) appropriate arrangements have been made to the satisfaction of the City of Pickering that all the requirements for the development of the mixed use project have been complied with, including but not limited to the conveyance and construction of the municipal road right-of- way required for access to the subject site, payment of the owner's proportionate share of costs associated with the preparation of required area-wide studies, and the cost of off-site works, the sharing of commercial parking spaces with residential visitor parking, pedestrian enhancements along Brock Road, sustainable site and building design, parkland dedication, entering into a site plan agreement, environmental and engineering requirements, securities and insurance; By-law No. 7085/10 Page 9. (iii) appropriate arrangements have been made to the satisfaction of the Region of Durham for the'conveyance of the road widening and sight triangle, and the provision of sanitary, water and transportation services and environmental and engineering requirements; and .1 (iv) appropriate arrangements`have been made to the satisfaction of the City (in consultation with the TRCA) for the conveyance of open space hazard lands to a public authority and TRCA's approval of the provision of environmental and engineering requirements. 6. Provisions ("OS-HL" Zone) (1) Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule 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; and (b) resource management. (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. 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. By-law No. 7085/10 Page 10 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 13th day of September, 2010. David Rya y Debbie Shields, City Clerk I / / j m ye• nF N. My-3z COVA Of vo A?~ 35.2m o. PPRS 136 s ON Z v OF vo" A5. ~ ?PRA ♦`6~ ` N SCHEDULE I TO BY-LAW 7 0 8 5 1 O PASSEDTHIS 13th DAYOF SEPT_ 2010 MAYOR . CLERK i i i i i i i i .Mv"3 `I ON Z lH~~ 18 Vol P PRT `ON O~ PPRI OF / \ c9 ~ \ \ J BUILDING ENVELOPE ® BUILD-TO ZONE SCHEDULE 11 TO BY-LAW 7 O 8 5 f 10 PASSED THIS 1 3 t h DAY OF S F PT 2010 MAYOR U• CLERK