HomeMy WebLinkAboutBy law 7706/19The Corporation of the City of Pickering By-law No. 7706/19 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, being Part of Lot 18, Concession 3, Part 1, 40R-29457, City of Pickering (A 09/18) 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, Part 1, 40R-29457, in the City of Pickering to permit the development of a condominium consisting of stacked units accessed from a private road, neighbourhood park, natural heritage preservation and stormwater management facilities; And whereas an amendment to Zoning By-law 3037, as amended by By-law 7074/10, 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 II 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 being Part of Lot 18, Concession 3, Part 1, 40R-29457 in the City of Pickering, designated "MD-HD-1 ", "NP" and "OS-HL" 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) "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 incl.ude 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.
By-law No. 7706/19 Page 2 (3) "Bay, Bow, Box Window" shall mean 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) "Building" means a structure occupying an area greater than 10.0 square metres and consisting of any combination of walls, roof and floor but shall not include a mobile home. (5) "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. (6) "Deck" means a raised platform attached to the exterior wall of a building and with direct access from within a building and from grade. (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 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 mobile home or any vehicle. (c) "Dwelling, Stacked" means a residential use building of four or fewer storeys in height containing three or more principle dwelling units where the units are divided horizontally and vertically, and in which each dwelling unit has an independent entrance to the unit. (8) "Front Wall" means a primary exterior wall of a building, not including permitted projections, which contains the primary entrance door. (9) "Grade" or "Established Grade" means the average elevation of the finished level of the ground adjoining all exterior walls of a building. (10) "Height, Building" shall mean 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 penthouse. (11) "Neighbourhood Park" means a municipal public park.
By-law No. 7706/19 Page 3 (12) "Parapet Wall" shall mean the portion of an exterior wall extending above the roof. (13) "Park, Private" shall mean a park which is maintained by a condominium corporation. (14) "Porch" means a roofed deck or portico structure attached to the exterior wall of a building, a basement may be located under the porch. (15) "Primary Entrance Door" means the principal entrance by which the resident enters or exists a dwelling unit. (16) "Storey" shall mean 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. (17) "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. (18) "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 affords access to lots abutting the private street; but is not maintained by a public body and is not a lane. (19) "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. (20) (a) "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, uncovere~, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean 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;
By-law No. 7706/19 Page4 (c) "Front Yard Depth" shall mean 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" shall mean 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" shall mean 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" shall mean 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" shall mean 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) "Flankage Side Yard" shall mean 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" shall mean 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 ("MD-HD-1" Zone) (1) Uses Permitted ("MD-HD-1" Zone) (a) No perso·n shall within the lands zoned "MD-HD-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) Dwelling, Stacked (2) Zone Requirements ("MD-HD-1" Zone) No person shall within the lands zoned "MD-HD-1" 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:
By-law No. 7706/19 Page 5 (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 within the building envelope, unless a minimum of 60 percent of the length of the build-to-zone along the frontages of William Jackson Drive and Earl Grey Avenue, as illustrated on Schedule II attached hereto, contains a building or part of a building; (iii) Despite Section 5(2)(i), retaining walls are permitted outside of the building envelope for lands abutting the "OS-HL" Zone; (iv) The minimum separation distance between the exterior walls of a building shall be a minimum of 3.0 metres; (v) Despite Section 5(2)(iv), the minimum separation distance between the front wall of building, where it faces the front wall of another building shall be a minimum of 14.0 metres; (vi) Despite Sections 5(2)(iv) and 5(2)(v), the minimum separation distance between the front wall of a building where it faces the side wall of another bwilding shall be a minimum of 8.5 metres; (vii) The maximum length of a block of Stacked Dwellings shall be 45 metres; (viii) Despite Sections 5(1) and 5(2), 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 "MD-HD-1" zone use provisions and zone requirements; (ix) In addition to Section 5(1)(a), Uses Permitted ("MD-HD-1" Zone) an indoor amenity building located adjacent to a private park is permitted. b) Number of Dwelling Units: (i) Minimum number of dwelling units: 133 (ii) Maximum number of dwelling units: 264 c) Building Height: (i) Maximum Building Height of 15.0 metres (4 storeys) d) Private Residential Amenity Area: (i) Minimum 4.5 square metres per dwelling unit
By-law No. 7706/19 Page 6 (e) Private Park Area: (i) Minimum 230 square metres (f) Special Parking Requirements: (i) · Minimum 1.25 parking space per dwelling unit plus 0.25 of a parking space per dwelling unit for visitors; (ii) No parking lot or parking space shall be permitted within 4.5 metres of a street; (iii) The minimum right-of-way width for a private street shall be 6.5 metres. (g) Air Conditioners: (i) Air conditioner units shall not be located between the front wall of a building or a dwelling and a street. (3) Special Provisions ("MD-HD-1" Zone) (a) Obstruction of Yards: (i) Despite Section 5(2)(a)(i), stairs, covered and uncovered porches and platforms, parking garage structure, bay, box and bow windows, balconies, eaves, canopies, window sills and other similar features are permitted to project beyond the building envelope as illustrated on Schedule II, but not closer than 0.6 of a metre to any lot line; (ii) Sections 5.19.2 of By-law 3037, as amended, shall not apply to the lands zoned "MD-HD-1" on Schedule I attached hereto. 6. Provisions ("OS-HL" Zone) (1) Uses Permitted ("OS-HL" Zone) (a) No person shall within the lands zoned "OS-HL" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) Preservation and conservation of the natural environment, soil and wildlife; (ii) Resource Management; (iii) Stormwater Management Facilities.
By-law No. 7706/19 Page 7 7. Provisions ("NP" Zone) (1) Uses Permitted ("NP'; Zone) (a) No person shall within the lands zoned "NP" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) Neighbourhood Park 8. Restrictions on 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: (i) A maximum of 2 vehicles, only 1 of which may be a trailer, are permitted to park on a driveway. (2) Size of Vehicles: (i) for those vehicles parked on any driveway, the maximum permissible height is 2.6 metres, and the maximum permissible length is 6.0 metres; (ii) 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: (i) No part of any yard except a driveway is to be used for the parking or storage of vehicles and no vehicle is to encroach onto any Street or Private Street. (4) Inoperative Vehicles: (i) The parking or storage of any inoperative vehicle is not permitted unless it is entirely within a fully enclosed building or structure. (5) Construction Vehicles: (i) 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. (6) Oversize Vehicles: (i) A vehicle that exceeds the maximum permissible vehicle size provisions of Section 8(2) is permitted to park temporality for the sole purpose of delivering, to servicing or constructing the premises.
By-law No. 7706/19 Page 8 9. Model Homes (1) For the purposes of this By-law, "Model Home" shall mean a dwelling unit which is not used for residential purposes, but which is used exclusively for sales, display and marketing purposes pursuant to an agreement with the City of Pickering. (2) A maximum of 2 Blocks, together with not fewer than 4 parking spaces per Model Home, may be constructed on the lands zoned "MD-HD-1" as set out in Schedule I attached to this By-law. 10. 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 matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 11 . Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 24th day of June, 2019. David Ryan, M(. r \/'" Su~ah Cassel, City Clerk
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