HomeMy WebLinkAboutBy-law 7860/21The Corporation of the City of Pickering
By-law No. 7860/21
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, being Lots 1, 2, 43 and 46, Plan 316 and Part
of Lot 20, Concession 1, City of Pickering (A 11/18)
Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Lots 1, 2, 43 and 46, Plan 316 and Part of Lot 20, Concession 1, in the City of Pickering to permit an apartment building;
And whereas an amendment to Zoning By-law 3036, as amended by By-law 3692/69
and By-law 3920/70, 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 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 Lots 1, 2, 43 and46, Plan 316 and Part of Lot 20, Concession 1, in the City of Pickering,
designated “(H)RMII-5” and “OS” 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 ofthis By-law.
4.Definitions
In this By-law,
(1)“Amenity Space” means the total passive or active recreational areaprovided on a lot for the personal, shared or communal use of theresidents of a building or buildings, and includes balconies, patios, rooftop
gardens and other similar features, but does not include indoor laundry or
locker facilities.
(2)“Angular Plane” means an imaginary flat surface projecting over a lot, atan inclined angle measured up from the horizontal.
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(3)“Balcony” means an attached covered or uncovered platform projectingfrom the face of an exterior wall, including above a porch, which is onlydirectly accessible from within a building, usually surrounded by abalustrade or railing, and does not have direct exterior access to grade.
(4)“Building, Apartment” shall mean a building containing more than four
dwelling units where the units are connected by an interior corridor.
(5)“Build-to-zone” shall mean an area of land in which all or part of a buildingelevation of one or more buildings is to be located.
(6)“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 useof the unit only; and
(iv)is not mobile home or any vehicle.
(7)“Floor Space Index” means the total gross area of all buildings on a lotdivided by the total area of the lot on which the building is located, butdoes not include the following areas:
(i)any portion of the building located below grade, such as parkingstructures;
(ii)any portion of the building located at or above grade for bicycleparking;
(iii)any portion of the building for loading spaces and related corridorsused for loading purposes;
(iv)any portion of the building for storage, storage lockers, washrooms,
electrical, utility, mechanical and ventilation;
(v)any portion of the building for elevator, garbage and ventilatingshafts; and
(vi)any portion of the building for stairwells in the building.
(8)“Landscaped Area” means an outdoor area on a lot comprising
recreational elements, trees, plants, decorative stonework, retaining walls,walkways, or other landscape or architectural elements, excluding areasfor loading, parking or storing of vehicles.
(9) “Park, Public” means an area of land under the jurisdiction of a public
authority that is designed or maintained for active or passive recreational
purposes and other uses authorized through an agreement with the City.
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(10)“Parapet Wall” shall mean the portion of an exterior wall extending abovethe roof.
(11)“Parking Space, Bicycle” means an area used exclusively for parking orstoring a bicycle.
(12)“Parking Structure” means a building or portion thereof, containing one or
more parking spaces.
5.Provisions
(1)Uses Permitted (“RHII-5” Zone)
No person shall within the lands zoned “RHII-5” 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:
(a)Apartment Building
(2)Zone Requirements (“RHII-5” Zone)
No person shall within the lands zoned “RHII-5” on Schedule I to thisBy-law, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
(a)Number of Dwelling Units:
(i)Minimum number of dwelling units: 60 units
(ii)Maximum number of dwelling units: 346 units
(b)Floor Space Index:
(i)Minimum Floor Space Index: 0.75
(ii)Maximum Floor Space Index: 2.53
(3)Building Height, Location and Setbacks:
(a)No building or part of a building, or structure shall be erectedoutside of the building envelope as illustrated on Schedule II
attached hereto.
(b)No building or portion of a building or structure shall be erectedwithin the building envelope, unless a minimum of 60 percent of theentire length of the build-to-zone, as illustrated on Schedule IIattached hereto, contains a continuous portion of the exterior wall
of a building.
(c)The maximum height of a building wholly located within the dashedlines as shown on Schedule III is specified by the number followingthe HT symbol as shown on Schedule III, attached hereto.
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(d)The average floor area of all storeys within a portion of a building orstructure located above the 5th storey measured to the exteriorfaces of exterior walls of each storey of a building or structure shallbe a maximum of 860.0 square metres.
(e)Despite 5.(3)(d) above, balconies shall be excluded from the
calculation of floor area.
(f)All portions of a building or structure within the building envelopeshown on Schedule II attached hereto, shall be limited by a45-degree angular plane measured 7.5 metres from the north lotline at a height of 10.5 metres above grade.
(g) A below grade parking structure shall be permitted beyond thelimits of the building envelope as identified on Schedule II attachedhereto, but no closer than 0.5 of a metre from all lot lines.
(h)Architectural projections including roof overhang, eaves, canopies,awnings and other similar features shall be permitted to extend
beyond the building envelope as identified on Schedule II attachedhereto, provided that such features maintain a minimum setback of0.3 of a metre from all lot lines.
(i)Balconies shall be permitted to extend a maximum of 2.0 metresbeyond the building envelope as identified on Schedule II attached
hereto, provided that such features maintain a minimum setback of1.0 metre from all lot lines.
(j)Despite Section 5.(3)(i), private outdoor amenity area andassociated stairs for dwelling units on the first floor shall be
permitted to extend to a maximum of 3.0 metres beyond the
building envelope as identified on Schedule II attached hereto,provided that the limits of such area and stairs maintain a minimumsetback of 1.0 metres from all lot lines.
(k)Stairs shall be permitted to extend a maximum of 1.5 metres
beyond the building envelope as identified on Schedule II attached
hereto, provided that the limits of such stairs maintain a minimumsetback of 1.0 metre from all lot lines.
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(4)Vehicular Parking Requirements:
(a)Minimum Parking Spaces:
(i)Resident: 0.8 of a parking space per dwelling unit
(ii)Visitor: 0.15 of a parking space per dwelling unit
(b)All resident parking spaces shall be provided within a below grade
parking structure.
(c)Stairs, stair enclosures and air vents associated with a parkingstructure are not be permitted between the building and a street
line.
(d)Air vents constructed in association with a below grade parkingstructure are permitted to project to a maximum of 1.2 metresabove established grade, but no closer than 4.0 metres to a streetline.
(e)A parking lot shall not be permitted between a building and a streetline.
(5)Bicycle Parking Requirements:
(a)Minimum number of bicycle parking spaces: 0.5 of a space perdwelling unit.
(b)A maximum of 50 percent of the required bicycle parking spacesmay be vertical spaces; the rest of the required spaces must behorizontal spaces.
(c)Where the number of bicycle parking spaces required exceeds50 spaces, a minimum of 25 percent of the total required must be
located within:
(i)a building or structure;
(ii)a secure area such as a supervised parking lot or enclosure;or,
(iii)bicycle lockers.
(d)Where four or more bicycle parking spaces are provided in acommon parking area, each space must contain a parking rack thatis securely anchored to the ground and attached to a heavy basesuch as concrete.
(e)Dimensions:
(i)if located in a horizontal position (on the ground): a minimumlength of 1.8 metres and a minimum width of 0.6 metres;
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(ii)if located in a vertical position (on the wall): a minimumlength of 1.5 metres and a minimum width of 0.5 metres
(6)Landscape, Private Amenity and Common Amenity Space:
(a)Minimum Landscaped Area: 33 percent
(b)A minimum landscaped area width of 11.0 metres shall be
maintained between a surface parking lot and the north propertyline.
(c)Amenity Space:
(i) Minimum at-grade outdoor amenity space: 1,250.0 squaremetres
(ii) Minimum indoor amenity space: 500.0 square metres
(d)Balcony requirements:
(i)Minimum Balcony Area – 2.5 square metres
(ii)Minimum Balcony Depth – 1.5 metres
(e)Despite Section 5.(6)(d), private outdoor amenity area associated
with a dwelling unit on the first floor shall have a minimum area of9.0 square metres.
(7)Rooftop Mechanical Equipment and Mechanical Penthouses:
(a)Rooftop mechanical equipment, including any appurtenancesthereto, that exceed a maximum height of 2.0 metres shall be fully
enclosed within a mechanical penthouse.
(b)Rooftop mechanical equipment shall be set back a minimum of5.0 metres from all edges of a roof.
(c)Notwithstanding Section 5(7)(b) above, no setback is required if
rooftop mechanical equipment is fully enclosed within a mechanical
penthouse or screened by an architectural feature.
(9)Special Provisions:
(a)Sections 5.21.1, 5.21.2(a) 5.21.2(b), 5.21.2(d), 5.21.2(e), 5.21.2(f),5.22 and 6.4 of By-law 3036, as amended, shall not apply to the
lands zoned “RHII-5” on Schedule I attached to this By-law.
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(b)Waste shall be stored within a fully enclosed building, structure orpartially in-ground structure and shall not be located:
(i)between a building and a street line; and
(ii)within any landscaped open area as required by this By-law.
6.Provisions (“(H) RHII-5” Zone)
(1)Uses Permitted (“(H) RHII-5” Zone)
Until such time as the “(H)” Holding Provision is lifted, the lands shall notbe used for any purposes other than the existing lawful uses, located onthe land or in existing buildings or structures, provided such use continuein the same manner and for the same purpose for which they were used
on the day this by-law was passed.
(2)Zone Requirements (“(H) RHII-5” Zone)
The “(H)” Holding Symbol shall be removed from the “RHII-5” zone untilthe completion of the following:
(a)the City secures a lease agreement with Hydro One for the use of
lands within the Hydro Corridor for public recreation purposes andthe owner, by way of a Site Plan Agreement, agrees to convey tothe City, Part of Lot 20, Concession 1 and Lot 46, Plan 316 to theCity, or satisfies parkland dedication through cash-in-lieucontribution requirements as set out in the City’s Parkland
Dedication By-law 7341/14; and,
(b)the owner has satisfied all the requirements of the RegionalMunicipality of Durham with respect to the provision of sewer andwater services, Regional roads, and entered into any necessary
agreements in this regard.
7.Provisions
(1)Uses Permitted (“OS” Zone)
No person shall within the lands zoned “OS” 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:
(a)Park, Public
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8.By-law 3036
By-law 3036, as amended, is hereby further amended only to the extentnecessary to give effect to the provisions of this By-law as it applies to the areaset out in Schedule I attached to this By-law. Definitions and subject matters notspecifically dealt with in this By-law shall be governed by relevant provisions of
By-law 3036, as amended.
9.Effective Date
This By-law shall come into force in accordance with the provisions of thePlanning Act.
By-law passed this 28th day of ,June 2021.
___________________________________ David Ryan, Mayor
___________________________________ Susan Cassel, City Clerk
Original Signed By:
Original Signed By:
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Schedule I to By-LawPassed ThisDay of
7860/21 28th
June 202149.0m
67.7m54.9m
54.8m
63.3m 15.5m31.0m75
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18.9m116.4m
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Original Signed By:
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Schedule II to By-LawPassed ThisDay of
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Building Envelope
Build To Zone
(H) RHII-5
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Kingston Road22.3mOriginal Signed By:
Original Signed By:
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HT: 21 metres
(5-storeys)HT: 56 metres
(16-storeys)86.4m66.4m 20.5m
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7860/21 28th
June 2021
Original Signed By:
Original Signed By:
Clerk