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HomeMy WebLinkAboutBy-law 7528/16 The Corporation of the City of Pickering By-law No. 7528/16 Being a By-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Block Q, Plan M-15, Parts 1 to 5, Plan 40WR74 (A 05/16) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Block Q, Plan M-15, Parts 1 to 5, Plan 40WR74, in the City of Pickering to permit the development of a common element condominium consisting of detached dwellings and townhouse units accessed from a private road; Whereas the Official Plan for.the City of Pickering contains provisions relating 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 provision of such facilities, services or 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 facilities, services and matters hereinafter set out; And whereas the increase in density beyond that otherwise permitted on the aforesaid lands by By-law 2520, as amended, is permitted in return for the provision of the facilities, services and matters set out in this By-law, and will be secured an agreement 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 I Schedule I to this By-law with notations and references shown thereon are hereby declared to be part of this By-law. By-law No. 7528/16 Page 2 2. Area Restricted The provisions of this By-law shall apply to those lands in, Block Q, Plan M-15, Parts 1 to 5, Plan 40WR74 in the City of Pickering, designated "S2-17", "MD-H12" and "MD-H13" 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 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. (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, 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. (4) "Condominium, Common Element" means spaces and features owned in common by all shareholders in 'a condominium and may include private streets, walkways, and parking and amenity areas. (5) "Deck" means a raised platform attached to the exterior wall of a building and with direct access from within a building and from grade. • (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, Detached" means a single dwelling which is freestanding, separate and detached from other main buildings or structures; (c) "Dwelling, Multiple — Horizontal" means a building containing three or more dwelling units attached horizontally by an above-grade wall or walls; By-law No. 7528/16 Page 3 (d) "Dwelling Unit" means 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. (7) "Floor Area — Residential" means the area of the floor surface contained within the outside walls of a storey or part of a storey. (8) "Gross Floor Area — Residential" means 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. (9) "Height, Dwelling" means the vertical distance between the established grade, at the front of the house, 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 between eaves and ridge. (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 Area" means the total horizontal area within the lot lines of a lot; (c) "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; (d) "Lot, Through" means a lot bounded on opposite sides by a street. (12) "Parapet Wall" means the portion of an exterior wall extending above the roof. (13) "Porch" means a roofed deck or portico structure attached to the exterior wall of a building. A basement may be located under the porch: (14) "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. • (15) (a) "Street" means a right-of-way or roadway that is used by vehicles and includes a public highway and a private street within a condominium. By-law No. 7528/16 Page 4 (b) "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 private right-of-way over private property, that provides access to lots abutting the private street; but is not maintained by a public body and is not a lane. (16) "Wall, Front" means the wall of the dwelling closest to the front lot line. (17) "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. (18) (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; (b) "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; (f) "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; (g) "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; By-law No. 7528/16 Page-5 (h) "Flankage Side Yard" means 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" means 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. 5. Provisions • (1) Uses Permitted ("S2-17", "MD-H12" and "MD-H13" Zones) (a) No person shall within the lands zoned "S2-17" on Schedule Ito this By-law, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) Detached Dwelling (b) No person shall within the lands zoned "MD-H12" and "MD-H13" 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) Multiple Dwelling — Horizontal , V (2). . Zone Requirements ("S2-17", "MD-H12" and MD-H13" Zones) No person shall within the lands zoned "S2-17", "MD-H12" and MD-H13" on Schedule Ito this By-law, use any lot or erect, alter, or use any building except in accordance with the following provisions: "S2-17" Zone "MD-H12" "MD-H13" Zone Zone (a) Number of Dwelling Units 57 dwelling units (maximum) (b) Lot Frontage 13.2 metres 6.0 metres (minimum) • (c) Lot Area 350 square metres 150 square metres (minimum) (d). Front Yard Depth V (minimum) 4.5 metres • • By-law No. 7528/16 Page 6 "S2-17" Zone "MD-H12" "MD-H13" Zone Zone (e) Side Yard Depth 1.5 metres except where , (minimum) dwellings on abutting lots share 1.2 metres a common wall, no interior side yard shall be required adjacent to that wall on either lot (f) Rear Yard Depth (minimum) 7.5 metres 7.5 metres 6.0 metres (g) Flankage Yard Depth (minimum) not applicable 2.7 metres (h) Building Height • (maximum) 9.0 metres 12.0 metres (i) Driveway Width (maximum) 6.0 metres _ 3.7 metres (j) Parking 4.0 parking spaces 2.0 parking spaces per Requirements per dwelling unit dwelling unit (minimum) (k) Visitor Parking Requirements 0.25 of a parking space per dwelling unit (minimum) (I) Garage Minimum 1 private garage per lot attached to the Requirements main building, the vehicular entrance of which shall be located not less than 6.0 metres from the common element condominium street (m) Interior Garage A private garage . A private garage shall have a Size (minimum) shall have a minimum width of 3.0 metres minimum width of and a minimum depth of 5.5 metres and a 6.0 metres provided, however, minimum depth of the width may include 1 interior • 6.0 metres step and the depth may include . provided, however, 2 interior steps the width may include 1 interior step and the depth may include 2 interior steps By-law No. 7528/16 Page 7 (3) Special Provisions ("S2-17", "MD-H12" and "MD-H13" Zones) (a) Projections such as window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, 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 metres or half the distance of the required yard, whichever is less; (b) A porch, uncovered deck or balcony may encroach into any required front yard to a maximum of 2.0 metres or half the distance of the required yard, whichever is less; (c) A porch, uncovered deck or balcony may encroach into•any required flankage yard to a maximum of 2.0 metres; (d) A porch or uncovered deck may encroach into any required rear yard to a maximum of 2.0 metres; (e) Stairs to a porch or uncovered deck may encroach to within 0.3 metres of the front lot line or flankage lot line; to within 1.0 metres of a rear lot line; and to within 0.6 metres of a side lot line; (f) A bay, box or bow window, with or without foundation, having a maximum width of 4.0 metres may encroach into any required yard to a maximum of 0.6 metres or half the distance of the required yard, whichever is less; • (g) Air conditioners are permitted on a lot provided they are located in the rear yard or side yard or on a balcony or roof. In addition, such units shall not be located any closer than 0.6 metres to a side lot line and shall not be located on any easement in favour of the City; (h) A balcony located above the first floor projecting or inset in the rear wall of a building on lands zoned "S2-17" on Schedule I to this By-law are prohibited; (i) Outdoor Private Amenity Area for lands zoned "MD-H13" on Schedule I to this By-law: (i) a minimum of 14.square metres of outdoor private amenity area shall be provided on the balcony above the garage and located at the rear of the dwelling unit; (ii) • accessory structures such as pergolas, sheds or other similar structures shall not be permitted on the balcony above the garage at the rear of the dwelling unit; • By-law No. 7528/16 Page 8 (iii) the outdoor private amenity area located above the garage at the rear of the dwelling unit shall not be enclosed. (4) Special Regulations ("S2-17", "MD-H12" and "MD-H13" Zones) (a) Despite the provisions of Section 5.6 of By-law 2520, as amended,, the requirement for the frontage on a public street shall be satisfied by establishing frontage on a common element condominium street for the lands on Schedule I to this By-law; • (b) Despite Section 5.(4)(a) above, the lot line abutting Liverpool Road shall be deemed to be the Front Lot Line for•the lands Zoned "MD-H13" on Schedule Ito this By-law; (c) Despite provision 5.(1)(b) 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 "MD-H12" zone use provisions and zone requirements; (d) Section 6.3 of By-law 2520, as amended, shall not apply to the lands zoned "S2-17", "MD-H12" and "MD-H13" on Schedule Ito this By-law; (e) Section 6.6a)(iv) of By-law 2520, as amended, shall not apply to the lands zoned "MD-H13" on Schedule Ito this By-law; (f) Sections 5.20 and 6.5 of By-law 2520, as amended, shall not apply to the lands zoned "MD-H12" and "MD-H13" on Schedule Ito this By-law. 6. Section 37 Provisions (a) An indexed cash contribution of$275,000.00 to be paid to the City prior to site plan approval, to be allocated towards capital improvements to the Frenchman's Bay Ratepayers Memorial Park; (b) The cash contribution identified in Section 6.(a) of this By-law shall be indexed in accordance with the most current Statistics Canada Non-Residential Construction Price Index reported quarterly by Statistics Canada, calculated from the date of passing of this by-law to the date of payment by the owner; (c) In the event the cash contribution referred to in Section 6.(a) of this By-law has not been used 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; By-law No. 7528/16 Page 9 (d) 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-law in return for the provision by the owner, at the owner's expense of the facilities, services and matters set out in Section 6.(a) 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; (e) 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 (f) Despite Section 5.(2)(a) of this By-law, an additional 10 dwelling units are permitted upon execution and registration on title of a Section 37 agreement pursuant to Section 6.(d) of this By-law. 7. Model Homes (1) A maximum of 2 model homes, together with not fewer than 2 parking spaces per Model Home, may be constructed on the lands zoned "S2-17" as set out in Schedule I attached to this By-law prior to the division of those lands by lifting of part lot control; (2) A maximum of 1 block, together with not fewer than 2 parking spaces per Model Home, may be constructed on the lands zoned "MD-H12" as set out in Schedule I attached to this By-law prior to the division of those lands by lifting of part lot control; (3) A maximum of 1 block, together with not fewer than 2 parking spaces per Model Home, may be constructed on the lands zoned "MD-H13" as set out in Schedule I attached to this By-law prior to the division of those lands by lifting of part lot control; (4) 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. 8. By-law 2520 By-law 2520, 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 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 2520, as amended. By-law No. 7528/16 Page 10 • 9. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 12th day of December, 2016. _or `► wfrkr ri 'o*•a x sr, S Syyj�s i1 '. David Ry. ► V . or 3 J.15 Shields, City • • • ' ` ` '` , . . I \ \ . ,` 1 ■.`\ `.\ N i l • ■ , _ FOXGLOVE AVENUE • PLAIN M1,5 . BFC PT LOT 22 L 1143 "' -- S2-17 11:1 F 0 s Q rMD—H13 's PRIVATE ROAD ■ --- to . - - O MD—H12 g O IZ . Li PRIVATE ROAD . , ,�. --- MD—H13 '2' . MD—H12 S2-17 ---- 273 tee ' m w _ PLAN 407 �/ • SCHEDULE I TO BY—LAW 7528/16 , PASSED THIS 12th • DAY OF December 2016 ' . , c .%. - A 4.-.' ; MAYOR '• N Y v R - • CLERK •2•' r. - " ..4'