HomeMy WebLinkAboutBy-law 7377/14 The Corporation of the City of Pickering
By-law No.7377/14
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 Lots 1, 2, and 3, Registered
Plan 456, in the City of Pickering. (OPA 12-001/P &A 1/12)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Part Lots 1, 2, and 3, Registered Plan 456, in the.City
of Pickering to permit a residential apartment building;
And whereas an amendment to By-law 3036, as amended, is therefore deemed
necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedules I, II, and III
Schedules I, II, and III 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 Lots 1, 2, and 3, •
Registered Plan 456, in the City of Pickering, designated "RH11-4" 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) "Angular Plane" shall mean an imaginary flat surface projecting over a lot,
at an inclined angle measured up from the horizontal;
(2) "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;
(3) "Building, Apartment" shall mean a building containing more than four
dwelling units where the units are connected by an interior corridor;
(4) "Children's Play Area" shall mean an outdoor area on a lot or on a building
on a lot that is communal and available for use by the occupants of a
building on the lot and designed to accommodate play equipment for
recreational use by children;
By-law No. 7377/14 Page 2
(5) (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;
(6) (a) "Floor Area" 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" 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, above or below
established grade, designed for owner or tenant occupancy or
exclusive use only, but excluding storage areas and underground
parking areas below established grade;
(7) (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 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;
(c) "Lot Line, Front" shall mean the lot line, which separates a lot from
the street in front of it. Where more than one lot line separates a lot
from the street, the front lot line shall be the shorter lot line. Where
a lot is a through lot, the lot line abutting the wider street right of
way shall be the front lot line;
(d) "Lot, Through" shall mean a lot bounded on opposite sides by a
street;
(8) "Pedestrian Perception Step-back" shall mean the horizontal distance that
the exterior wall of a storey must be offset, towards the interior of the
building, measured from the outer edge of the exterior wall of the storey
directly below it, or from the outer edge of the exterior wall of the storey
that the by-law indicates from which it is to be offset;
(9) "Storey" shall mean that portion of a building other than a basement,
cellar, attic or below grade parking garage, included between the surface
of any floor and the surface of the floor, roof deck or ridge next above it;
By-law No. 7377/14 Page 3
(10) "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.
5. Provisions
(1) Uses Permitted ("RH11-4" Zone)
No person shall within the lands designated "RH11-4" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or structure
for any purpose except the following
(a) apartment building
(2) Zone Requirements ("RH11-4" Zone)
No person shall within the lands designated "RH11-4" on Schedule I
attached hereto, use any lot or erect, alter or use any building except in
accordance with the following provisions:
(a) Lot Area (minimum): 9,900.0 metres
(b) Lot Frontage (minimum): 100.0 metres
(c) Gross Floor Area (maximum): 23,650.0 square metres
(d) Building Height:
(i) minimum 4 storeys and 11.0 metres
(ii) maximum 12 storeys and 40.0 metres
(e) Number of Dwelling Units:
(i) minimum 180 dwelling units
(ii) maximum 227 dwelling units
(3) Building Location and Setback:
Buildings and structures shall be located entirely within the building
envelope shown on Schedule II attached hereto, except as follows:
(a) No building, part of a building, or structure shall be erected within the
"RH11-4" Zone, unless a minimum of 80 metres of the length of the
build-to-zone shown on Schedule II attached hereto, contains a
building or part of a building.
(b) For any portion of a building or structure located within the "RH11-4"
Zone, and facing the front lot line, a minimum pedestrian perception
step-back of 1.5 metres shall be required above the 4th storey. An
additional pedestrian perception step-back of 1.5 metres shall be
required above the 8th storey.
By-law No. 7377/14 Page 4
(c) All portions of a building or structure within the building envelope
shown on Schedule II attached hereto, must be contained within a
45 degree angular plane projected southerly over the lot measured at
the north lot line at an elevation of 1.2 metres above the average
elevation of the ground as shown on Schedule Ill attached hereto.
(d) Below grade parking structures shall be permitted beyond the limits
of the building envelope identified on Schedule II attached hereto, but
no closer than 0.5 metres from the lot line.
(e) Clause 5.22 of By-law 3036, as amended, shall not apply to lands
designated "RH11-4" on Schedule I attached hereto.
(f) Architectural projections including canopies, patios, balconies and
awnings shall be permitted to extend a maximum of 2.5 metres
beyond the building envelope.
(4) Parking Requirements:
(a) For apartment building uses, there shall be provided and maintained
a minimum of 1.14 parking spaces per dwelling unit for residents,
and 0.2 of a parking space per dwelling unit for visitors.
(b) Despite clause 5.21.2(g) of By-law 3036 all entrances and exits to
parking areas, and all parking areas shall be surfaced with brick,
asphalt or concrete, or any combination thereof.
(c) Despite clauses 5.21.2(b) and (d) of By-law 3036 at grade parking
lots shall be permitted no closer than 3.5 metres from the north, west,
and south limits of the "RH11-4" Zone identified on Schedule
attached hereto, and no closer than 1.5 metres from the east limit of
the "RH11-4" Zone identified on Schedule I attached hereto.
(5) Special Provisions:
(a) For the purposes of this By-law, Whites Road is deemed to be the
front lot line.
(b) A Children's Play Area shall be provided at a minimum rate of
1.0 square metre per bedroom excluding master bedrooms.
(c) Clauses 5.9, 5.18, 5.21.1, 5.21.2(a), 5.212(e), 5.21.2(f), and 5.21(k)
of By-law 3036, as amended, shall not apply to lands designated
"RH11-4" on Schedule I attached hereto.
By-law No. 7377/14 Page 5
6. By-law 3036
By-law 3768/91 as it applies to the area set out in Schedule I attached to this
By-law, is hereby repealed.
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
Schedules I, II, and Ill 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 in accordance with the provisions of the
Planning Act.
By-law passed this 14th day of July, 2014.
•
David Ryan
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Debbie Shields, City Clerk
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PASSED THIS 14th
DAY OF July 2014
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