HomeMy WebLinkAboutBy-law 7586/17 •
The Corporation of the City of Pickering OMB ORDER
No. PL161283
By-law No. 7586/17 August 3, 2017
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, Part of Lots 18 and 19, Concession 3 and Part of
Lots 4, 5, 7 and 8, Registered Plan 585, City of Pickering (A 01/14;
SP-2014-01; CP-2014-01)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Part of Lots 18 and 19, Concession 3 and Part of
Lots 4, 5, 7 and 8, Registered Plan 585, in the City of Pickering to permit the
development of a condominium consisting of townhouse, lane townhouse and stacked
townhouse units accessed from a private road;
And whereas an amendment to By-law 3037, as amended by By-law 6577/05, 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 to this By-law 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 Lots 18 and 19,
Concession 3 and Part of Lots 4, 5, 7 and 8, Registered Plan 585 in the City of
Pickering, designated "MU-29" and "MU-30" on Schedule I to this By-law.
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) "Air Conditioner" means any mechanical equipment which is required for V
residential domestic use and which must be installed outdoors including
central air conditioning units, heat pumps, heat exchange units,
emergency generators and other such equipments.
By-law No. 7586/17 Page 2
(2) "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.
(3) "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.
(4) "Basement" means a portion of a building below the first storey.
(5) "Bay, Bow, Box Window" means a window that protrudes from the main
wall, usually bowed, canted, polygonal, segmental, semicircular or square
sided with window on front face in plan; 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.
(6) "Building" means a structure occupying an area greater than 10 square
metres and consisting of any combination of walls, roof and floor but shall
not include a mobile home.
(7) (a) "Dwelling" means a building or part of a building containing one or
more dwelling units, but does not include a mobile home or trailer;
(b) "Dwelling, Block Townhouse" means a residential use building
containing three or more attached principal dwelling units divided
vertically, and where all dwelling units are located on one lot and
accessed from a private street, laneway or common condominium aisle;
(c) "Dwelling Unit" means a residential unit that:
i) consists of a self-contained set of rooms located in a building
or structure;
ii) is used or intended for use as a residential premises;
iii) contains kitchen and bathroom facilities that are intended for
the use of the unit only; and
iv) is not a mobile home or any vehicle.
(d) "Dwelling, Stacked" means a residential Use building of four or fewer
storeys in height containing three or more principal dwelling units
where the units are divided horizontally and vertically, and in which
each dwelling unit has an independent entrance to the interior.
(8) "Grade" or "Established Grade" means the average elevation of the
finished level of the ground adjoining all exterior walls of a building.
By-law No. 7586/17 Page 3
(9) "Height" means 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. When the regulation establishes height in storeys, means the
number of storeys. The height requirements of this By-law shall not apply
to roof top mechanical penthouses.
(10) "Lands, Subject" means the lands subject of this by-law.
(11) (a) "Lot" means 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, Corner" means a lot situated at the intersection of two or more
streets or upon two parts of the same street having an angle of
intersection not exceeding 135 degrees.
(c) "Lot, Through" means a lot bounded on opposite sides by a street.
(12) "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 government authority.
(13) "Mobile Home" means a prefabricated building that is designed to be
made mobile and is intended to provide permanent residence but does not
include any trailer otherwise defined in this By-law.
(14) "Parapet Wall" means the portion of an exterior wall extending above the roof.
(15) "Parking Lot" means a lot or portion thereof provided for the parking of
motor vehicles accessory or incidental to the main use.
(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) "Premises" means the whole or part of lands, buildings or structures, or
any combination of these.
(18) "Primary Entrance Door" means the principal entrance by which the
resident enters or exits a dwelling unit.
By-law No. 7586/17 Page 4
(19) "Private garage" means 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.
(20) (a) "Storey" means 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.
(b) "Storey, First" means the storey with its floor closest to grade and
having its ceiling more than 1.8 metres above grade.
(21) (a) "Street" means a public highway but does not include a lane. Where
a 0.3 metre reserve abuts a street, or where a daylight triangle abuts
a street, for the purposes of determining setbacks the street shall be
deemed to include the 0.3 metre reserve and/or the daylight triangle,
however, nothing herein shall be interpreted as granting a public right
of access over the 0.3 metre reserve or as an assumption of the
0.3 metre reserve as a public highway for maintenance purposes
under the Municipal Act.
(b) "Street Line" means the dividing line between a lot and a street.
(c) "Street, Private" means:
i) a right-of-way or roadway that is used by vehicles and is
maintained by a condominium corporation;
ii) a private road condominium, which provides access to
individual freehold lots;
iii) a roadway maintained by a corporation to provide vehicular
and pedestrian access to parking lots and individual
retail/commercial units;
iv) a private right-of-way over private property, that affords
access to lots abutting a private road; but is not maintained
by a public body and is not a lane.
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(22) "Structure" means anything that is erected, built or constructed of parts
joined together with a fixed location on the ground, or attached to
something having a fixed location in or on the ground and shall include
buildings, walls or any sign, but does not include fences below six feet in
height or inground swimming pools.
(23) "Water Meter Building" means a building or structure that contains devices
supplied by the Region of Durham which measures the quality of water
delivered to a property.
By-law No. 7586/17 Page 5
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5. Provisions
(1) Uses Permitted ("MU-29" and "MU-30" Zones)
(a) No person shall within the lands zoned "MU-29" on Schedule I to
this By-law, use any lot or erect, alter, or use any building or
structure for any purpose except the following:
(i) Dwelling, Stacked
(ii) Dwelling, Block Townhouse
(b) No person shall within the lands zoned "MU-30" on Schedule I to
this By-law, use any lot or erect, alter, or use any building or
structure for any purpose except the following:
(i) ,Dwelling, Stacked
(2) Zone Requirements ("MU-29" and "MU-30" Zones)
' No person shall within the lands zoned "MU-29" and "MU-30" on
Schedule I to this By-law, use any lot or erect, alter, or use any building
except in accordance with the following provisions:
(a) Building Location and Setbacks:
(i) No building or part of a building, or structure shall be erected
outside of the building envelope as 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) Minimum separation between buildings: 3.0 metres;
(b) Minimum and Maximum Number of Dwelling Units for Parcels A, B
and C identified on Schedule II of this By-law:
(i) Parcel A
A. Minimum Number of Dwelling Units 31
B. Maximum Number of Dwelling Units 142
By-law No. 7586/17 Page 6
(ii) Parcels B
A. Minimum Number of Dwelling Units 35
B. Maximum Number of Dwelling Units 161
(iii) Parcel C
A. Minimum Number of Dwelling Units 28
B. Maximum Number of Dwelling Units 131
(c) Building Height (maximum): 13.0 metres
(d) Parking Requirements (minimum):
(i) Block Townhouse Dwelling: 2.0 parking spaces per
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dwelling unit plus 0.2 of a
parking space per dwelling unit
for visitors
(ii) Stacked Dwelling: 2.0 parking spaces per
dwelling unit plus 0.2 of a
parking space per dwelling unit
for visitors
(e) Driveway Width (maximum):
(i) Block Townhouse Dwelling: 3.7 metres
(0 Garage Requirements:
(i) Block Townhouse Dwelling: Minimum 1 private garage per
unit attached to the main
building, the vehicular entrance
of which shall be located a
minimum of 6 metres from the
private street that provides
vehicle access to the private
garage.
(ii) Stacked Dwelling: 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.
By-law No. 7586/17 Page 7
(g) Interior Garage Size (minimum):
(i) Block Townhouse Dwelling: A private garage shall have a
minimum width of 2.9 metres
and a minimum depth of
6.0 metres; however, the width
may include 1 interior step and
the depth may include 2 interior
steps.
(iii) Stacked Dwelling: Each parking space within a
private garage for stacked
dwelling units shall have a
minimum width of 2.7 metres
and a minimum depth of
6.0 metres; however, the width
may include 1 interior step and
the depth may include 2 interior
steps.
(3) Special Provisions ("MU-29" and "MU-30" Zones)
(a) Despite Section 5.(2)(a)(i) of this By-law, architectural projections
including balconies, covered porches, platforms and awnings,
window sills, chimney breasts, fireplaces, belt courses, cornices,
pilasters, eaves, eave troughs and other similar architectural features
may project outside the building envelope identified on Schedule II of
this By-law, to a maximum of 2.5 metres from the main wall of the
building, and uncovered steps may project outside the required
building envelope to the lot line.
(b) The minimum pavement width for a private street shall be 6.5 metres.
(c) Air conditioners shall not be located any closer than 0.6 metres to the
building envelope and shall not be located on any easement in favour
of the City.
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(d) Amenity Area (minimum) - 5.0 square metres per dwelling unit
(e) Private Parks:
(i) Parcel A— minimum total area shall be 100 square metres
(ii) Parcel B - minimum total area shall be 1,000 square metres
(iii) Parcel C — not applicable
By-law No. 7586/17 Page 8
(f) 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.
(g) Despite provision 5.(1)(a) and 5.(2) of this By-law, a water meter
building required by the Region of Durham for the purpose of
measuring the quantity of water delivered shall be exempt from the
"MU-29" and "MU-30" zone use provisions and zone requirements.
(h) Clauses 5.19.2(a), 5.19.2(b), 5.19.2(e), 5.19.2(f), 5.19.2(g), and
5.19.2(k) of By-law 3037, as amended, shall not apply.
6. Restrictions on the Parking and Storage of Vehicles
No person shall use any lot for the parking or storage of vehicles except in
accordance with the following provisions:
(1) Number of Vehicles:
A maximum of 4 vehicles, only 1 of which may be a trailer, are permitted to
park on a driveway.
(2) Size of Vehicles:
(a) for those vehicles parked on any lot, the maximum permissible
height is 2.6 metres, and the maximum permissible length is 6.7 metres;
(b) notwithstanding Section (a) above, 1 vehicle parked on a driveway
in a side yard or rear yard can be of a size up to a maximum
permissible height of 3.5 metres, and a maximum permissible
• length of 8.0 metres; and
(c) height is measured from the established grade immediately beside
the vehicle up to the vehicle's highest point, which excludes lights,
antennas and other such items ancillary to the vehicle's body.
(3) Location of Vehicles:
No part of any front yard except a driveway is to be used for the parking or
storage of vehicles and no vehicle is to encroach onto any road allowance.
(4) Inoperative Vehicles:
The parking or storage of an inoperative vehicle is not permitted on any lot
unless it is entirely within a fully enclosed building or structure.
(5) Construction Vehicles:
The parking or storage of a construction vehicle or a commercial vehicle is
• not permitted, unless it is entirely within a fully enclosed building or structure.
By-law No. 7586/17 Page 9
(6) Oversize Vehicles:
A vehicle that exceeds the maximum permissible vehicle size provisions of
Section 7.(2), is permitted to park temporarily on a lot for the sole purpose
of delivering to, servicing or constructing the premises on that lot.
•
7. Model Homes
(1) A maximum of 2 blocks, together with not fewer than 2 parking spaces per
Model Home, may be constructed on the lands zoned "MU-29" and
"MU-30" as set out in Schedule I attached to this By-law.
(2) For the purpose of this By-law, "Model Home" shall mean a dwelling unit
which is not used for residential purpose, but which is used exclusively for
sales, display and marketing purposes pursuant to an agreement with the
City of Pickering.
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8. By-law 3037
By-law 3037, as amended, is hereby further amended only to the extent
necessary to give effect to theprovisions of this By-law as it applies to the area
set out in Schedules I and 11 to this By-law. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by relevant provisions of
By-law 3037, as amended.
9. Effective Date
This By-law shall come into force in accordance with the provisions of the •
Planning Act.
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SCHEDULE II TO BY-LAW 7586/17 '
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APPROVED BY THE
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FINAL DECISION ISSUED
AUGUST 3,2017 •