HomeMy WebLinkAboutBy-law 7444/15 The Corporation of the City of Pickering
By-law No.7444/15
Being a by-law to amend Restricted Area Zoning By-law 3037, as
amended, to implement the Official Plan of the City of Pickering,
Region of Durham, in Part of Lot 18, Concession 3, City of
Pickering (SP-2013-04 & A 8/13)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Part of Lot 18, Concession 3, in the City of Pickering
to permit a mixed use development consisting of stacked townhouses, back-to-back . •
stacked townhouses, back-to-back townhouses, and apartment buildings that contain
ground floor commercial uses.
And whereas an amendment to By-law 3037, as amended, is required 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 apply to those lands in Part of Lot 18,
Concession 3 in the City of Pickering, shown as MU-28 and MU-MD-1. 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.
1
By-law No. 7444/15 Page 2
4. Definitions
In this By-law,
(1) "Amenity Area" means an outdoor area located anywhere on a lot, or the
roof of a parking structure, private garage or any other building which
includes landscape area, but which may also include areas of decking,
decorative paving or other similar surface and includes a balcony, porch or
deck and which has direct access from the interior of the dwelling unit.
(2) "Balcony" means an attached covered or uncovered platform projecting
from the face of an exterior wall, including above a porch, which is only
directly accessible from within a building, usually surrounded by a
balustrade or railing, and does not have direct exterior access to grade.
(3) "Bay, Bow or Box Window" means a window that protrudes from the wall
of a dwelling usually bowed, canted, polygonal, segmental, semicircular or
square sided with a window on the front face in plan; one or more storeys
in height, which may or may not include a foundation and may or may not
include a widow seat.
(4) "Building, Apartment" means a building containing more than four dwelling
units where the units are connected by an interior corridor.
(5) "Building, Back-to-Back Townhouse" means a building containing a
minimum of 4 units that is divided vertically and where each unit is divided
by common walls, including a common rear wall without a rear yard
setback, and whereby each unit has an independent entrance to the unit
from the outside accessed through the front yard or exterior side yard.
(6) "Building, Back-to-Back Stacked Townhouse" means a building containing
four or more principal dwelling units where the units in each pair are
divided horizontally, and the pairs are divided vertically, including a
common rear wall without a rear yard setback, and whereby each unit has
an independent entrance to the unit.
(7) "Building, Stacked Townhouse" means a building containing four or more
principal dwelling units where the units in each pair are divided
horizontally, and the pairs are divided vertically, and in which each
dwelling unit has an independent entrance to the unit.
(8) "Commercial Fitness/Recreational Centre" means a commercial
establishment in which indoor fitness and recreational facilities are
provided and operated for gain or profit, but does not include a place of
amusement.
By-law No. 7444/15 Page 3
(9) "Day Care Centre" means:
a) indoor and outdoor premises where more than 5 children are
provided with temporary care and/or guidance for a continuous
period but does not provide overnight accommodation and are
licensed in accordance with the applicable Provincial Act; or,
b) indoor and outdoor premises in which care is offered or supplied on a
regular schedule to adults for a portion of a day but does not provide
overnight accommodation.
(10) "Dry-Cleaner's Distributing Station" means premises used for the purpose
of receiving articles or goods of fabric to be laundered or dry-cleaned
elsewhere and does not include a dry cleaning establishment.
(11) "Dry Cleaning Establishment" means premises in which the business of
laundry or dry cleaning is housed and where the cleaning, drying, ironing,
and finishing of such goods is conducted.
(12) "Front Wall" means the closest point, measured at grade level, of the wall
of a building facing or most nearly facing the street from which the building
has its primary entrance door.
(13) "Lane" means a thoroughfare not intended for general traffic circulation
that provides means of vehicular access to the rear of a lot where the lot
also fronts or flanks onto a.street, or where a lot fronts onto public or
private open space. The lane may be maintained by a condominium
corporation as a private road condominium or by a governmental
authority.
(14) "Park, Private" means a park which is maintained by a condominium
corporation.
(15) "Patio" means an outdoor amenity area where seating accommodation
can be provided and/or where meals or refreshments are served to the
public for consumption.
(16) "Porch" means a roofed deck or portico structure attached to the exterior
wall of a building. A basement may be located under the porch.
(17) "Primary Entrance Door" means the principal entrance by which the public
•
enters or exits a building or individual retail/commercial unit or the resident
enters or exits a dwelling unit.
(18) "Restaurant" means a building or part of a building where the principal
business is the preparation of food for retail sale to the public for
immediate consumption on or off the premises, or both on and off the
premises but shall not include a night club.
By-law No. 7444/15 Page 4
(19) "School, Commercial" means a building, or part thereof, where instruction
of a skill is provided for profit and may include instruction in a trade,
business, art, music, dance, cooking, athletic skill or any other specialized
instruction but does not include a commercial fitness/recreation centre a
college or university.
(20) "Storey, First" means the storey with its floor closest to grade and having
its ceiling more than 1.8 metres above grade.
(21) "Street, Private" means:
a) a right-of-way or roadway that is used by vehicles and is maintained
by a condominium corporation;
b) a private road condominium, which provides access to individual
freehold lots;
c) a roadway maintained by a corporation to provide vehicular and
pedestrian access to parking lots and individual retail/commercial
units;
d) a private right-of-way over private property, that affords access to lots
abutting the private street;
but is not maintained by.a public body and is not a lane.
5. Provisions
•
(1) Uses Permitted("MU-28")
No person shall within the lands zoned "MU-28" on Schedule I attached
hereto, use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) apartment building
(ii) back-to-back stacked townhouse
(iii) commercial fitness/recreational centre
(iv) commercial school
(v) day care centre
(vi) dry-cleaner's distributing station
(vii) financial institution
(viii) office, business
(ix) office, professional
(x) personal service shop
(xi) restaurant
(xii) retail store
(xiii) stacked townhouse
By-law No. 7444/15 Page 5
(2) Zone Requirements
No person shall within the lands zoned "MU-28" on Schedule I attached
hereto, use any lot or erect, alter or use any building or structure except in
accordance with the following provisions:
(a) Building Location and Setbacks:
(i) No building, part of a building, or structure shall be erected
outside of the building envelope illustrated on Schedule II
attached hereto.
(ii) No building or portion of a building or structure shall be
erected unless a minimum of 60 percent of the length of the
build-to-zone along the Brock Road frontage, and a minimum
of 60 percent of the length of the build-to-zone along the
Street `A' frontage, as illustrated on Schedule II attached
hereto, contains a building or part of a building.
(iii) 60 percent of the non-residential floor facade of the first storey
of an apartment building along any street line shall consist of
openings and transparent glazing along any street line.
(iv) The primary entrance door open to the public shall be
incorporated into the wall of any building facing a street line.
(v) For any portion of an apartment building located within the
MU-28 Zone, and facing Brock Road, a minimum 3.0 metre
stepback shall be required between the 3rd and 8th storey.
(vi) Despite Section 5(2)(a)(i) above, below grade parking
structures shall be permitted beyond the limits of the building
enveloped identified on Schedule II attached hereto, but no
closer than 0.5 metres from the limits of the lands.
(vii) The minimum setback between buildings shall be 4.0 metres.
•
(b) Number of Dwelling Units •
(i) Minimum number of apartment dwelling units — 220 units
(c) Building Height (minimum):
(i) Apartment Building -20.0 metres (6 storeys)
(ii) Stacked Townhouses — 11.0 metres (3 storeys)
(iii) Back-to-Back Stacked Townhouses — 11.0 metres (3 storeys)
By-law No. 7444/15 Page 6
(d) Building Height (maximum):
(i) Apartment Building —26.0 metres (8 storeys)
(ii) Stacked Townhouses — 13.0 metres (4 storeys)
(iii) Back-to-Back Stacked Townhouses — 13.0 metres (4 storeys)
(e) Minimum balcony depth — 1.5 metres
(f) Private Residential Amenity Area — minimum 4.5 square metres per
dwelling unit
(g) Minimum ground floor height within an apartment building —
4.5 metres
(h) Minimum gross leasable floor area of 1,000 square metres for all
non-residential uses in an apartment building.
(i) Parking Requirements
(i) For residential uses, there shall be provided and maintained a
minimum of 1.0 parking space per dwelling unit for residents,
plus an additional 0.2 of a parking space per dwelling unit for
visitors.
(ii) For non-residential uses, there shall be provided and
maintained a minimum of 4.0 parking spaces per 100 square
metres of gross leasable floor area.
(iii) Despite Section 5(2)(i)(ii) above, there shall be provided and
maintained a minimum of 10 parking spaces per 100 square
metres of gross leasable floor area for all restaurants that
exceeds a total gross leasable floor area of 500 square
metres.
(iv) All required parking spaces, except for visitor parking shall be
provided within an underground parking structure.
(v) All entrances and exits to parking areas and all parking areas
shall be surfaced with brick, asphalt or concrete, or any
combination thereof.
(j) Obstruction of Yards
Despite Section 5(2)(a)(i), architectural projections, including
balconies, covered porches, platforms and awnings may project
outside the building envelope identified on Schedule II of this
By-law, to a maximum projection of 2.5 metres from the main wall of
the building, uncovered steps may project outside the required
building envelope to the lot line.
By-law No. 7444/15 Page 7
(k) Special Regulations
(i) Despite Section 5(2)(a)(i), an outdoor patio associated with a
restaurant is permitted to encroach beyond the building
envelope identified on Schedule II of this By-law.
(ii) Despite Section 5(2)(i)(ii), an outdoor patio associated with a
restaurant is not considered to be gross leasable floor area.
(iii) 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 3037, as amended, shall not apply.
(3) Uses Permitted ("MU-MD-1")
No person shall within the lands zoned "MU-MD-1" on Schedule I attached
hereto, use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) Stacked Townhouse
(ii) Back-to-Back Townhouse
(iii) Back-to-Back Stacked Townhouse
(4) Zone Requirements
No person shall within the lands zoned "MU-MD-1" on Schedule I attached
hereto, use any lot or erect, alter or use any building or structure except in
accordance with the following provisions:
(a) Building Location and Setbacks:
(i) No building, part of a building, or structure shall be erected
outside of the building envelope illustrated on Schedule II
attached hereto.
(ii) The minimum setback between buildings shall be 4.0 metres.
(b) Building Height (maximum)— 12.0 metres
(c) Minimum balcony depth - 1.5 metres
(d) Residential Amenity Area — minimum 4.5 square metres per
dwelling unit
(e) Parking Requirements
(i) For stacked townhouse and back-to-back stacked townhouse
dwelling units, there shall be provided and maintained a
minimum of 1.5 parking spaces per dwelling unit for residents,
plus an additional.0.2 of a parking space per dwelling unit for
visitors.
By-law No. 7444/15 Page 8
(ii) For back-to-back townhouse dwelling units, there shall be
provided and maintained a minimum of 2.0 parking spaces per
dwelling unit for residents, plus an additional 0.2 of a parking
space per dwelling unit for visitors.
(iii) Any vehicular entrance for an enclosed private garage shall be
located a minimum of 6 metres from the private street that
provides vehicle access to the private garage.
(iv) Each parking space within a private garage shall have a
minimum width of 3.0 metres and a minimum depth of
6.0 metres provided, however, the width may include one
interior step and the depth may include two interior steps.
(v) Each surface parking space, not within a private garage or on
a driveway shall have a minimum width of 2.6 metres and a
minimum depth of 5.3 metres.
(vi) No parking lot or parking space shall be permitted within
' 3.0 metres of a streetline.
(f) Obstruction of Yards
Despite Section 5(4)(a)(i), architectural projections, including
balconies,covered porches, platforms and awnings may project
outside the building envelope identified on Schedule II of this
By-law, to a maximum projection of 2.5 metres from the main wall of
the building, uncovered steps may project outside the required
building envelope to the lot line.
(g) Special Regulations
(i) Minimum total area for private parks shall be 0.19 hectares,
which can be built in 2 phases with the first phase having a
minimum area of 0.12 hectares.
(ii) The minimum pavement width for a private street shall be
6.5 metres.
(iii) Despite the provisions of Section 5.6 of By-law 3037, as
amended, the requirement for the frontage on a public street
shall be satisfied by establishing frontage on a private street.
(iv) 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 3037, as amended, shall not apply.
By-law No. 7444/15 Page 9
6. By-law 3037
By-law 3037, 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 matter not
specifically dealt with in this By-law shall be governed by the relevant provisions
of By-law 3037, as amended.
7. Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law passed this 21st day of September, 2015.
gar
David Ry. - , a •r
Debbie Shields, City Clerk
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Location Map
C_ify 4 FILE No: SP-2013-04 & A 8/13 •
• '— APPLICANT: Averton Homes
19tINA' atAier PROPERTY DESCRIPTION: 2725, 2705 and 2695 Brock Road
City Development (North Part of Lot 18, Concession 3) DATE: Nov.25, 2013
Data Sources= •
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