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HomeMy WebLinkAboutBy-law 7303/13 The Corporation of the City of Pickering By-law No. 7303/13 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 1, Plan 388 and Block 39, Plan 40M-2086 (OPA 12-002/P, SP-2012-02, CP-2012-03 & A 5/12) Whereas the Council of the Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lot 1, Plan 388 and Block 39, Plan 40M-2086, City of Pickering to permit the development of 23 townhouse units on a common element condominium road. And whereas it is appropriate to amend By-law 3036, as amended, to permit such uses; Now therefore the Council of The Corporation of the City of Pickering hereby 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 of Lot 1, Plan 388 and Block 39, Plan 40M-2086, designated "MD-H8" on Schedule I attached hereto. 3. General Provisions No building, structure, 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) "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) (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; By-law No. 7303/13 Page 2 (b) "Dwelling Unit" shall mean a 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; (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 a 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 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) (a) "Model Home" shall mean a dwelling unit which is not used for residential purposes, but which is used exclusively for sales, display, and marketing purposes pursuant to an agreement with the City of Pickering. . (6) (a) "Multiple Dwelling •- Horizontal" shall mean a building containing three or more dwelling units attached horizontally by an above- grade wall or walls. (7) (a) "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which no business or service is conducted for profit or otherwise. (8) (a) "Water Meter Building" shall mean a building or structure that contain devices supplied by the Region of Durham which measures the quantity of water delivered to a property. (9) (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 No. 7303/13 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 lots; (f) "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-H8" Zone) No person shall within the lands designated "MD-H8" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: By-law No. 7303/13 Page 4 (i) Multiple Dwelling — Horizontal (b) Zone Requirements ("MD-H8" Zone) No person shall within the lands designated "MD-H8" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (i) Building Requirements • A Number of Dwelling Units (maximum) 23 B Building Location and Setbacks (i) Buildings shall be located entirely within the building envelope as illustrated on Schedule II attached hereto. (ii) A minimum of 60% of the length of the build-to- zone along the Altona Road frontage, and a minimum of 60% of the length of the build-to- zone along Finch Avenue as illustrated on Schedule ll attached hereto, shall contain a building or part of a building. C Dwelling Units per lot (maximum) 1 D Lot Frontage (minimum) 5.0 metres E Lot Area (minimum) (i) 95 square metres for lots adjacent to Finch Avenue or Altona Road (ii) 110 square metres for all other lots F Building Height (maximum) 10.5 metres (ii) Building Separation A The horizontal distance between adjacent buildings shall not be less than 3.0 metres, except if such buildings are attached in whole or in part. By-law No. 7303/13 Page 5 (iii) Parking Requirements A 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. B A minimum of 1 private garage per lot. C Any vehicular entrance for an enclosed private garage shall be located a minimum of 6 metres from any lot line that abuts the street or private road that provides vehicle access to the private garage. (iv) Obstruction of Yards (maximum): A Despite Section 5(1)(b)(i)B balconies, covered or uncovered steps, porches and platforms may project outside the required building envelope to a maximum projection of 2.0 metres from the main wall of the building. B Notwithstanding A above, any balconies, covered or uncovered steps, porches and platforms exceeding 1.5 metres in height above established grade are not permitted to project outside the required building envelope abutting existing residential dwellings along Shadow Place. (v) Special Regulations: A Despite Section 5(1)(b)(i)B, Accessory Buildings and Uses are permitted in accordance with By-law 3036 Section 5.18. B Despite the provisions of Section 5.6 of By-law 3036, as amended, the requirement for the frontage on a public street shall be satisfied by establishing frontage on a common element condominium street. C Despite Section 5(1)(b) a water meter building required by the Region of Durham for the purpose of measuring the quantity of water delivered shall be exempted from "MD-H8" zone requirements. D Section 5.22 of By-law 3036, as amended, shall not apply to the lands designated MD-H8 on Schedule I attached hereto. By-law No. 7303/13 Page 6 6. Model Homes (1) Despite the provisions of Clause 6.1 of By-law 3036, a maximum of one block of multiple-dwelling horizontal units, together with not fewer than two parking spaces per Model Home unit, may be constructed on the lands set out in Schedule I attached to this By-law prior to the division of those lands by registration of a plan of subdivision. 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. 8. Effective Date This By-law shall not come into force on the day it was passed, until Pickering Official Plan Amendment Number 24 is in full force and effect. By-law passed this 16th day of September, 2013. David R , or Debbie Shields, City Clerk Fi \ C — AVE \ - 63.7m s')7 MDH8 o ° 0 _ _ co PLAN 388 PT. LOT 1 N O O BLOCK 39, PLAN 40M-2086 in CY z - -T T -7- _ ' 77.7m I 1 1 1 1 1 1 1 • 1 1 1 1 1 1 1 I I c18I 16 I I I I• Q I 1 �� W I I I I I I I, I I I I I I I 1 1 I 1 1 1 1 1 I- 11 I I I 1 i 1 I 1 1 _1_ 1 I 1 1 1 1 PLACE 1 I-7- 1 1 T- 1 1 1 1 1 1 11 --' 1 1 • 1 1 1 1 1 1 1 1 I 11 r - 1 1I 1 I I I I I I 1 I I 11 1 1 1 1 1 1 1 1 1 1 1 1 II 1 1 1 1 1 1 1 1 1 1 1 1 II T N • SCHEDULE I TO BY-LAW 7 303/ 1 3 PASSED THIS 1 6th DAY OF SEPTEMBER 2013 I_' MAYOR — CLERK fi \ C - / 41 N O ° \. 1.Crn ► U - - - Q O — - - - 3.Orn I I • I I I I I ! I I I t 1 I I I • I I " I 41 \/ d 6 . 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 I I I I PLACE I I I I I i I 1 1 1 1 1 11 I I I I I I I I I I I II I I I I I I I I I I I I II r- BUILDING ENVELOPE M BUILD-TO ZONE SCHEDULE LI TO BY-LAW 7303/13 PASSED THIS 1 6th DAY OF SEPTEMBER 2013 4' MAYOR CLERK