HomeMy WebLinkAboutBy-law 7710/19 - LPAT Order PL171399The Corporation of the City of Pickering
By-law No. 7710/19
LPAT Order
No. PL171399
July 31, 2019
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, in Part of Lots 19 and 20, Concession 3, Now
Parts 1 to 5, 40R-28547, City of Pickering (A 05/17)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Part of Lots 19 and 20, Concession 3, Now Parts 1 to
5, 40R-28547, in the City of Pickering to permit residential uses consisting of block
townhouses and stacked townhouses, parkland and stormwater management uses;
Whereas the Official Plan for the City of Pickering contains provisions relating to the
authorization of increase 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,
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 3037, as amended, is permitted in return for the provisions of the
facilities, services and matters set out in this By-law, and will be secured an agreement
between the owner of the lands and the City of Pickering;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedules I and II
Schedules land 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 being Part of Lots 19 and
20, Concession 3, Now Parts 1 to 5, 40R-28547, in the City of Pickering,
designated "MU -MD -2", "NP" and "OS -HL" on Schedule Ito this By-law.
By-law No. 7710/19 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 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 landscaped 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.
(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) "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" means 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.
By-law No. 7710/19 Page 3
(c) "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.
(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 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, when used with reference to a
building, the average elevation of the finished surface of the ground where
it meets the exterior of the front of such building and when used with
reference to a structure shall mean the average elevation of the finished
surface of the ground immediately surrounding such structure, exclusive in
both cases of any artificial embankment.
(10) "Height, Building" 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.
(11) "Landscaped Area" means an outdoor area comprising trees, plants,
decorative stonework, retaining walls, walkways, or other landscape or
architectural elements, excluding aisles, private streets, driveways,
porches, decks, and areas for loading, parking or storing of vehicles.
(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) "Neighbourhood Park" means a municipal public park.
(14) "Parapet Wall" means the portion of an exterior wall extending above the
roof.
(15) "Porch" means a roofed deck or portico structure attached to the exterior
wall of a building; a basement may be located under the porch.
(16) "Primary Entrance Door" means the principal entrance by which the
resident enters or exists a dwelling unit.
By-law No. 7710/19 Page 4
(17) "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.
(18) "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.
(19) "Street" mean 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.
(20) "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 the private street, but is not maintained by a public body and
is not a lane.
(21) "Water Meter Building" means a building or structure that contains devices
supplied by the Region of Durham which measures the quantity of water
delivered to a property.
5. Provisions ("MU -MD -2" Zone)
(1) Uses Permitted ("MU -MD -2" Zone)
No person shall within the lands zoned "MU -MD -2" on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(a) Block Townhouse Dwelling
(b) Stacked Dwelling
(2) Zone Requirements ("MU -MD -2" Zone)
No person shall within the lands zoned "MU -MD -2" on Schedule 1 to this
By-law, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
By-law No. 7710/19 Page 5
(a) Number of Dwelling Units:
(i) Minimum number of dwelling units: 264 units
(ii) Maximum number of dwelling units: 704 units
(iii) Minimum number of Block Townhouse Dwelling units: 62
(b) Building Location and Setbacks:
(1)
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 Street 'A', Palmer's Sawmill Road, Four Season's
Lane and Tillings Road, as illustrated on Schedule II attached
hereto, contains a building or part of a building.
(iii) The separation distance between the front wall of a building or
a dwelling where it faces the front wall of another building or a
dwelling shall be a minimum of 11.0 metres.
(iv) The minimum separation distance between the exterior walls
of buildings or dwellings, except for the front wall, shall be a
minimum of 3.0 metres.
(v) Despite Section 2(b)(iv) above, where a sidewalk is located
between buildings or dwellings, the minimum separation
distance between the exterior walls of buildings or dwellings,
except for the front wall, shall be a minimum of 4.5 metres.
(vi) Maximum length of a block of Townhouse Dwellings or a block
of Stacked Dwellings shall be 51 metres.
(c) Building Height (maximum):
(i) Block Townhouse — 12.0 metres
(ii) Stacked Townhouse — 14.0 metres
(d) Parking Requirements ("MU -MD -2" Zone):
The minimum parking rates for the uses permitted in a "MU -MD -2"
Zone shall be provided in accordance with the following provisions:
Unit Type
Residential Rate
Visitor Parking Rate
(1)
Block
Townhouse
A minimum of 2.0
parking spaces per
dwelling unit
a minimum of 0.2 of a
parking space per
dwelling unit
(11)
Stacked
Townhouse
a minimum of 1.50
parking spaces per
dwelling unit
By-law No. 7710/19 Page 6
(e) Special Parking Provisions ("MU -MD -2" Zone):
(i)
Any vehicular entrance for an enclosed private garage shall be
located a minimum of 6.0 metres from the private street that
provides vehicle access to the private garage.
(ii) Each parking space within a private garage shall have 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.
(iii) Each surface parking space, not within a private garage or on
a driveway shall have a minimum width of 2.6 metres and a
minimum depth of 5.3 metres.
(iv) No parking lot or parking space shall be permitted within
4.5 metres of a street.
(v) The minimum right-of-way width for a private street shall be
6.5 metres.
(f) Landscape Area and Private Residential Amenity Area
(i) Minimum landscape area requirements — 20 percent
(ii) Minimum Private Residential Amenity Area — 4.5 square
metres per dwelling unit
(iii) Minimum Balcony depth — 1.5 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) Projections ("MU -MD -2" Zone)
(a) Despite Section 5(2)(b)(i), stairs, covered and uncovered porches
and platforms, uncovered decks, 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 1.5 metres to any lot line;
(b) Despite Sections 5(1) 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 -MD -2" zone use provisions and zone requirements;
(c) Section 5.19.2 of By-law 3037, as amended, shall not apply to the
lands zoned "MU -MD -2" on Schedule I attached hereto.
By-law No. 7710/19 Page 7
6. Provisions ("OS -HL" Zone)
(1) Uses Permitted ("OS -HL" Zone)
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) Resource Management, including a Stormwater Management
Facility
7. Provisions ("NP" Zone)
(1) Uses Permitted ("NP" Zone)
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) Neighbhourhood Park
8. 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:
(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 an inoperative vehicle is not permitted
unless it is entirely within a fully enclosed building or structure.
By-law No. 7710/19 Page 8
(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 temporarily for the
sole purpose of delivering to, servicing or constructing the premises
9. Section 37 Provisions
(a) An indexed cash contribution of $260,300.00 to be paid to the City prior to
the issuance of site plan approval for the first phase, to be allocated
towards a new Village Green within the Draft Plan of Subdivision and/or
soccer pitches within the abutting hydro corridor;
(b) The cash contribution identified in Section 9(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 9(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;
(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 5(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 22 dwelling units are
permitted upon execution and registration on title of a Section 37
agreement pursuant to Section 9(d) of this By-law.
By-law No. 7710/19 Page 9
10. 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 Block, together with not fewer than 4 parking spaces per
Model Home, may be constructed on the lands zoned MU -MD -2 as set out
in Schedule I attached to this By-law prior to the division of these lands by
registration of a plan of subdivision.
11 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.
12. Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act.
Note: Oral decision of the Local Planning Appeal Tribunal delivered by Thomas
Hodgins on June 12, 2019. Written Decision issued July 31, 2019.
m
0
cc
Dersan Street
/
Palmer's Sawmill Road
, Block 2
7 3 9 MU -MD -2
Block 1
1111111
11
/
Palmer's Sawmill Road
Schedule I to By -Law 7710/19
Approval by the Local Planning Appeal Tribunal
Oral Decision delivered June 12, 2019
Written Decision Issued July 31, 2019
Brock Road
William Jackson Drive
T
a
CD
3m.:��
c
o
3m
Palmer's Sawmill Road
111111111
Palmers Sawmill Road
L
7m
��
Brock Road
--"-- Building Envelope
I Build to Zone
Schedule II to By -Law 7710/19
Approval by the Local Planning Appeal Tribunal
Oral Decision delivered June 12, 2019
Written Decision Issued July 31, 2019