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HomeMy WebLinkAboutBy-law 7260/13 The Corporation of the City of Pickering OMB ORDER No PL 120599 By-law No. 7260/13 Dec. 7. 2012 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, Lots 19, 20, 21,- 33 to 38, Plan 392, in the City of Pickering (A 3/11). Whereas The Corporation of the City of Pickering received an application to rezone lands to permit the development of single attached and multiple horizontal residential units on the subject lands being Lots 19, 20, 21, 33 to 38, Plan 392 in the City of Pickering; ' And whereas it is appropriate to amend By-law 3036 to permit such uses; Now therefore by Order the Ontario Municipal Board amends By-law 3036 as follows: 1. Schedule I Schedule I 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 apply to those lands being Lots 19, 20, 21, 33 to 38, Plan 392, designated "SA-11" and "MD-1-17" 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) "Bay, Bow, Box Window" shall mean a protrusion from the main wall of the building, usually bowed, canted, polygonal, segmental, semicircular ' or square sided with window on front face; one or more storeys in _ height, which may or may not include a foundation, may or may not include a window seat; and may include a door; By-law 7260/13 Page 2 (2) (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; (b) "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) "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; (d) "Multiple Dwelling-Horizontal" shall mean a building containing three or more dwelling units attached horizontally, not vertically, by an above- grade wall or walls; (3) (a) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (b) "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; (4) (a) "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; (b) "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 line parallel to and 7.5 metres distant from the front lot line; (5) "Private Garage" shatl mean an enclosed or partially enclosed structure ~i for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (6) (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; By-law 7260/13 Page 3 (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; (fl "Side Yard" shall mean a yard of a lot extending from the front 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 flankage 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 flankage side yard. 5. Provisions (1) (a) Uses Permitted ("MD-H7") No person shall within the lands designated "MD-H7" 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; By-law 7260/13 Page 4 (b) Zone Requirements ("MD-H7" Zone) No person shall within the lands designated "MD-H7" on Schedule I attached hereto; use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) Requirements for Multiple Dwelling-Horizontal: A Number of Multiple Dwelling-Horizontal Units for all lands zoned "MD-H7"(maximum) 45 B Lot Area (minimum) 110 square metres C Lot Frontage (minimum) 5.5 metres D Front Yard Depth (minimum) 3.0 metres E Side Yard Width (minimum): (I) 1.5 metres, except where dwellings on abutting lots , share a common wall, no interior side yard shall be required adjacent to that wall on either lot; (II) Despite subparagraph (I) above, a minimum 1.2 metre side yard width is required when abutting a common element amenity area and a minimum 0.2 metre side yard width is required when abutting a common element walkway area; F Flankage Side Yard Width (minimum): (I) 2.2 metres, where the dwellings are immediately adjacent to the vehicular entrances to a public street; , (II) Despite subparagraph (I) above, a minimum 2.0 I metres flankage side yard is required for dwellings that flank an internal private drive aisle and are not located - immediately adjacent to the vehicular entrances to a public street; G Rear Yard Depth (minimum): _ (I) 6.0 metres, where multiple dwelling-horizontal units abut the SA-11 zone otherwise a rear yard depth minimum does not apply; I By-law 7260/13 Page 5 H Building Height (maximum) 12.0 metres I Dwelling Unit Width (minimum) 5.5 metres J Building Location and Setbacks: (I) No building, part of a building, structure or part of a . structure shall be erecfed except within the limits of the building envelope illustrated on Schedule I attached hereto; (II) Despite subparagraph (I) above, buildings or, structures associated with permitted mechanical, recreational, security, parking, refuse storage and other ancillary residential facilities shall be permitted beyond the limits of the building envelope but no closer than 1.2 metres to any lot line; (III) Despite subparagraph (I) above, uncovered steps, covered porches and platforms shall be permitted to project a maximum of 1.5 metres beyond the limits of the building envelope shown on Schedule I attached hereto or into a required front yard, rear yard or flanking side yard on to a public street; (IV) Despite subparagraph (I) above, bay, bow or box windows may encroach a maximum of 1.0'metre into fhe required rear yard or front yard up to a maximum of 65 percent of the width of the dwelling unit; (V) Despite subparagraph (I) above, any front yard depth ~ or flankage side yard width requirement on a corner lot the setback to a corner rounding shall be a minimum 1.6 metres K The minimum width for the driving aisle/private road shall be 6.4 metres; L Special Regulations: (I) Despite the provisions of Section 5.6 of By-1aw 3036, - as amended, the requirement for the frontage on a public street shall be satisfied by establishing frontage on a common element condominium street i , By-Iaw 7260/13 . Page 6 . (II) Where a lot abuts both a common element condominium _street and public street, the front lot line shall be abutting the public street and where a lot abuts more than one private road the front lot line shall be the lot line opposite the main front wall; (ii) Parking Requirements for "MD-H7" zone: A Minimum Parking Spaces.(per dwelling unit): 2 spaces, which shall be provided through either 2 spaces within an attached garage, or through one parking space in an attached garage and one parking space in a driveway immediately in front of the parking garage for that dwelling unit; _ B Minimum private garage per lot 1 C Any vehicular entrance for a private garage shall be located a minimum of 6.0 metres from any 1ot line that abuts the street or private road that provides vehicle access to the private garage; D Garage Parking Size (minimum):_ .(I) _ each parking space within a private garage shall have . a minimum width of 2.9 metres and a minimum depth of 6.0 metres provided, however, #hat the width may include one interior step and the depth may include two interior steps; , E Visitor Parking Spaces (1) For all lands designated "MD-H7" on Schedule I , attached hereto a minimum of 12 visitor parking spaces shall be provided; , F Despite 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. By-1aw 7260/13 Page 7 (2) (a) Uses Permitted ("SA-11" Zone) No person sha11 within the lands designated "SA-11" on Schedule I attaclied hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) single attached dwelling; ' (b) Zone Requirements ("SA-11" Zone) . (i) Requirements for Single Attached Dwelling: A' Number of Single At#ached Dwelling Units (maximum) 17 B Building Height (maximum) 10.0 metres . G Lot Frontage (minimum) 7.5 metres , D Lot Area (minimum) 175 square metres E Front Yard Depth (min"imum) . 3.0 rnetres F Rear Yard Depth (minimum) 7:0 metres G Side yard: (I) 1.5 metres, except where dwellings on abutting lots ' share a common wall, no interior side yard shall be required adjacent to that wall on either lof; H Flankage side yard to a public street or private driveway 2.4 metres I Driveway Width (maximum) 50.percent of the lot frontage J Projections: ' (i) Despite Section 5.7(b) of By-law 3036 uncovered - steps, covered porches and platForms shall be ~ permitted to project a maximum of 1.5 metres into any required front yard, flanking yard or corner rounding; (ii) Despite 5(2)(b)(i)E above bay, bow or box windows may encroach a maximum 1.0 metres into the required rear yard; By-law 7260/13 Page 8 . (iii) Despite Section 5.7(b) of By-law 3036 any front yard depth or flankage side yard width requirement on a corner lot the setback to a corner rounding shall be a minimum 2.7 metres to a public street; (ii) Parking Requirements for "SA-11" Zone: A Minimum Parking Spaces (per dwelling unit): 2 spaces, which shall be provided through an attached garage, or one parking space in an attached garage and one parking space in a driveway immediately in front of the parking garage for that dwelling unit; B Minimum private garage per lot 1 C Any vehicular entrance for a private garage shall be located a minimum of 6.0 metres from any lot line that abuts the street or private road that provides vehicle access to the private garage; D Garage Parking Size (minimum): (I) each parking space within a private garage shall have a minimum width of 2.9 metres and a minimum depth of 6.0 metres provided, however, that the width may include one interior step and the depth may include two interior steps; 6. 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. 7. Effective Date This By-law shall come into force on the day it is passed pursuant to an Order of the Ontario Municipal Board Note: Final Written Decision of the Ontario Municipal Board delivered by N. Jackson was issued on December 7, 2012. : , i . , ' - - --1-~--=---- , ~ I . . . ~ GLENANNA ROAD ' ~ . 68.5m , F8M -•-•-•-•-•-._.`E o i M ~ . i . , . . . j ~ 3.Om ~ • . 6.0 ~MD-H7 ~ i ' o ; ! ~ , j PLAN 492 LOTS 19-21. 33-38 W O - - - - - ~ ~ i ' , M `~JZ.8fT1 ~ ~ . W ~ Q E i r~-•-~-•-~- . ~ W . > - - ; . J . . . n i f11.0m ~ ~ . . ~ L: LI ~ ~ . ~ . , i ~ ~ . , . . 60 Ei - - - - - - - • . i oi , . i ~i . 23.4m / 0 ' / • m I . , ~ , ----------L_------ , , , ~ ~ . . * ~ ' . , - t ~ BUILDING ENVELOPE , SCHEDULE I TO BY-LAW 7260 13 ' . ' - Approved by the Ontario Municipal Board : Final Decision issued December 7; 2012 . . , . • , , . , - .