HomeMy WebLinkAboutBy-law 7724/19The Corporation of the City of Pickering
By-law No. 7724/19
Being a By-law to amend Restricted Area (Zoning) By-law;
2511, as amended, to implement the Official Plan of the
City of Pickering, Region of Durham, on Lot 2 and Part of
Block A, Plan 407, in the City of Pickering. (A 13/18)
Whereas the: Council of The Corporation of the City of Pickering received an application
to rezone thesubject lands being Lot 2 and Part of Block A, Plan 407 in the City of
Pickering to permit three lots for detached dwellings;
Whereas the Official Plan for the City of Pickering contains provisions related to the
authorization of increases in density of development;
Whereas pursuant to Section 37 of the 'Planning Act, a by-law under Section 34 of the
Planning Act, may authorize increases in density (or height) of development beyond
those otherwise permitted by the by-law in return for the provisions of such facilities,
servicesor matters as are set out in the by-law;
Whereas Subsection 37(3) of the Planning Act provides that where an owner of land
elects to provide facilities, services and matters in return for an increase in density (or
height) of development; the municipality may require the owner to enter into one or
more agreements with the municipality dealing with the facilities, services and matters,
Whereas the owner of the subject lands has elected to provide the faculties, services
and matters hereinafter set out;
And whereas the increase in density beyond that otherwise permitted on the aforesaid
lands by By-law 2511, as amended, is permitted in return for those provisions of the
facilities, services and matters set out in this By-law, and an agreement between will be
secured between the owner of the land and the City of Pickering;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows;
1. Schedule
Schedule I attached hereto with notations and references shown thereonis
hereby declared to be part of this By-law:
Area Restricted
The provisions of this By-law shall apply to those lands in Lot 2 and Part of
Block A, Plan 407, in the City of Pickering, designated "S4-17" on Schedule I'.
attached hereto.
By-law No. 7724/19 Page 2
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 provisionsof
this By-law.
4. Definitions
In this By-law,
(1) "Balcony" means an attached 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.
(2) `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 includea foundation; may or may not include a
window seat; and may include a door.
(3) "Building 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 gabled, hip or gambrel roof, the mean
height level between eaves and ridge's.
(4) "Deck" means a raised platform attached to the exterior wall of a building
and with direct access from the building and from grade
"Driveway" means that portion of a lot used to provide vehicular access
from a roadway to an off-street parking area of loading space located on
the same lot as the principal use. On a lot containing a detached dwelling,
semi=detached dwelling,street townhouse dwelling back-to-back
townhouse dwelling or block townhouse dwelling, the driveway may
contain a parking space.
(6) (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 Unit" meansone 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, Detached" means a single dwelling which is
freestanding, separate, and detached from other main buildings or
structures.
(5)
(7) "Floor Area — Residential" means the area of the floor surface contained
within the outside walls of a storey or part of a storey.
By-law No. 7724/1.9
Page 3
(8) "Frontage" means that part of a lot that abuts a street measured along the
street linea
(9) (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 notsuch lot constitutes the whole of a lot or block ona
registered plan of subdivision;
(b)
"Lot Coverage" means the percentage of lot area covered by all
buildings on the lot;
"Lot Frontage" means 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.
(10) "Parapet Wall" means the portion of an exterior wall extending above the
roof.
(11) "Porch" means a roofed deck or portico structure attached to the exterior
wall of a building; a basement may be located under the porch.
(12) "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.
(13) (a) "Yard" means 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;
(
) "Front Yard" means 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" means 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" means 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" means 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;
By-law No. 7724/19
(f)
(g)
Page 4
"Side Yard" means 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;
"Side Yard Width" means 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) "Interior Side Yard" means a side yard:
(14) "Wall, Front" means the wall of the dwelling closest to the front lot line.
Provisions
(1) Uses Permitted ("S4-17" Zone)
No person shall within the lands designated "S4-17" on Schedule I
attached hereto, useany lot or erect, alter, or use any building or structure
for any purpose except the following:
(a) Detached Dwelling
(2) ' Zone Requirements ("S4-17" Zone)
No person shall within the lands designated "S4-17" on Schedule I
attached hereto use any lot or erect, alter or use any building except in
accordance with the following provisions:
"S4-17 Zone
(a)
Number of Lots (maximum)
2 lots
(b.)
Lot Frontage (minimum)
(c)
Lot Area (minimum)
305.0 square metres
(d):.
Front Yard Depth (minimum)
(e)
Side Yard Depth (minimum)
1:2 metres, and 0.6 of a metre on the
other side
(f)
Rear Yard Depth (minimum)
7.5 metres
(g)
Building Height (maximum)
9.0 metres
(h)
Lot Coverage "'(maximum)
45' percent
By-law No. 7724/19 Page 5
"S4-17" Zone
(i)
Parking Requirements.
(minimum)
A minimum of 2 parking spaces per
dwelling unit for resident, one of which
must be provided within an attached
private garage
(k)
Driveway Width (maximum)
Garage Requirements
Maximum driveway widthshall not
exceed the width of the exterior walls of
the private garage
Minimum one private garage per lot
attached to the mail building, the
vehicular entrance of which shall be
located not less than 6.0 metres from the
front lot line
(1)
(m)
Interior Garage Size (minimum)
Garage Projection
Each parking space within a private
garage shallhave 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
A maximum of 1.5 metres projection
beyond the wall containing the main
entrance to the dwelling unit
(3) Special Provisions
(a) Projections such as window silts, chimney breasts, fireplaces, belt
courses, cornices, plasters, eaves, eave troughs and other similar
architectural features may be permitted in any required yard,
provided that no such feature projects into the required yard more
than 0.6 of a metre or half the distance of the required yard,
whichever is less;
(b). Porches and: associated stairs not exceeding 1.0 metres in height
above established grade may encroach a maximum of 2.0 metres
into the required front yard;
(c), Balconies not exceeding 3.5 metres in height above grade may•
encroach a maximum. of 2.0 metres into the required front and rear
yard;
By-law No. 7724/19 Page 6
(d) Decks and associated stairs not exceeding 1.0 metre in height
above grade may encroach a maximum of 2.0 metres into the
required front and rear yard provided they are setback 0.6 of a
metre from a side lot line;
(
) A bay, box or bow window, with or without foundations, having a
maximum width of 4.0 metres may encroach into any required yard,
to a maximum of 0.6 of a metre or half the distance of. the required
yard, whichever is less:
Section 37 Provisions
(1) An: indexed cash contribution of $40,000.00 to be paid to the City to be
allocated towards the necessary upgrades to Balsdon Park,
(2) In the event the cash contribution referred to in Section 6.(1) of this By-law
has not beenused for the intended purposes within 3 years of the By-law
coming into force and effect, the cash contribution may be redirected for,
another purpose, at the discretion of the Director, City Development, in
consultation with the Ward Councillor(s), provided that the purposes will
benefit the community in the vicinity of the lands;
(3)
(4)
Pursuant to Section 37 of the Planning Act, and subject to compliance with.
this By-law, the increase in density of the development is permitted
beyond that otherwise permitted on the subject lands shown on Schedule I
to this By-lawin return for the provision by the owner, at the owner's
expense of the facilities, services and matters set out in Section 6:(1) of
this By-law and which are secured by one or more agreements pursuant
to Subsection 37(3) of the Planning Act that are in a form and registered
on title to the lands, to the satisfaction of the City Solicitor;
The owner shall not use, or permit the use of, a building or structure
erected with an increase' in density pursuant to this By-law unless all
provisions and obligations in this By-law are met; and
(5) ; Despite Section 5.(2)(a) of this By-law, an additional lot is permitted upon
execution and registration on title of a Section 37 agreement pursuant to
Section 6.(3) of this By-law.
By-law: 251'1
By-law 2511, 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 2511, as amended.
By -Law No. 7724/19
8 Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law passed this 25th day of November, 2019,.
Page 7
Susan'. ssel, City Clerk
Ilona Park Road
E
14"?
30.5m
S4-17 ,49
0
30,5m
Commerce Street
Gull Crossing
Schedule I to By -Law 7724/19
Passed This 25tH
Day of November 2019
Deputy Mayor
Cle