HomeMy WebLinkAboutBy-law 8121/24The Corporation of the City of Pickering
By-law No. 8121/24
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, Part of Lot 17 and 18, Concession 3, and Part 2, 40R-2617 and Part 1, 40R-2418 City of Pickering (A 13/17)
Whereas the Council of the Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lot 17 and 18, Concession 3, in the City of Pickering to permit a residential condominium development consisting of stacked townhouses, an apartment dwelling and public open space to occur on the subject lands being Part of Lot 18, Concession 3;
And whereas an amendment to By-law “3037”, as amended, is therefore deemed necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. Schedule I and II
Schedule 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 17 and 18, Concession 3, and Part 2, 40R-2617 and Part 1, 40R-2418, in the City of Pickering, designated “R2” and “OS” on Schedule I and II attached hereto.
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 Space” shall mean the total passive or active recreational area provided on a lot for the personal, shared or communal use of the residents of a building or buildings, and includes balconies, patios, porches, rooftop gardens and other similar features, but does not include indoor laundry or locker facilities;
2. “Building, Apartment” shall mean a building containing more than four dwelling units where the units are connected by an interior corridor;
3. (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;
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(c) “Dwelling, Stacked” means a residential use building for four or fewer storeys in height, containing three or more principle dwelling units, where the units are divided horizontally and vertically, and where each unit has an independent entrance at the ground level, or through a common entrance at the ground level or at the first storey above ground, and may have shared exit facilities above the first floor;
(d) “Dwelling, Multiple – Vertical” shall mean a building containing three or more dwelling units, attached horizontally and vertically, by an above-grade wall or walls, or an above-grade floor or floors, or both, and in which each dwelling unit has an attached private garage, and is accessed from a rear lane;
4. (a) “Floor Area – Residential” 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 – Residential” 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;
5. “Building, Height” 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. A penthouse, tower, cupola, steeple or other roof structure which is used only as an ornament upon or to house the mechanical equipment of any building shall be disregarded in calculating the height of such building;
6. “Grade” shall mean, when used within 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;
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 Coverage” shall mean the percentage of lot area covered by all buildings on the lot;
(c) “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;
8. “Private Garage” shall mean 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;
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9. (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, uncovered, 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;
(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;
(j) “Interior Side Yard” shall mean a side yard other than a flankage side yard.
10. “Street, Private” means:
(a) a right-of-way or roadway that is used by vehicles and is maintained by a condominium corporation;
(b) a private road condominium, which provides access to individual freehold lots;
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(c) a roadway maintained by a corporation to provide vehicular and pedestrian access to parking lots and individual retail/commercial units;
(d) 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.
5. Permitted Uses and Zone Regulations (“(H) R2-1” Zone)
(1) Permitted Uses (“(H) R2-1” Zone)
Until such time as the (H) Holding Provision is lifted, the lands shall not be used for any purposes other than the existing lawful uses, located on the land or in existing buildings or structures, provided such uses continue in the same manner and for the same purpose for which they were used on the day this By-law was passed.
(2) Zone Regulations (“(H) R2-1” Zone)
The (H) Holding Provision shall, upon application by the landowner, be removed from the “R2” Zone by City Council passing a By-law under Section 34 of the
Planning Act. The following condition shall first be completed to the satisfaction of the City of Pickering:
(a) That the City receives an acknowledgement from the Trustee of the Duffin Heights Landowners Group that the applicant has made satisfactory arrangements to pay its proportionate share of the development costs to the Landowners Group.
6. Permitted Uses and Zone Regulations (“R2” Zone)
(1) Uses Permitted (“R2” Zone)
(a) No person shall within the lands designated “R2” on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following:
1. Stacked Townhouses 2. Dwelling, Multiple – Vertical 3. Apartment Building
(2) Zone Requirements (“R2”)
No person shall within the lands designated “R2” on Schedule I and II attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions:
(a) Building Location and Setbacks:
i) All buildings shall be located entirely within a building envelope with a minimum setback of 25 metres to the CP Rail lands.
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(b) Maximum Number of Dwelling Units: 170
i) Stacked Townhouse Units: 46
ii) Dwelling, Multiple-Vertical: 32
iii) Apartment Units: 92
(c) Minimum Setback from South Lot Line:
i) Stacked Townhouses: 4.5 metres
ii) Apartment Building: 6.0 metres
(d) Minimum Setback between Dwelling, Multiple-Vertical Building Blocks:
i) Between Building B and C: 10.5 metres
ii) Between Building C and D: 12.5 metres
(e) Minimum Setback between Stacked Townhouse Building Blocks:
i) Between Building A and B: 7.5 metres
ii) Between Building B and C: 2.8 metres
iii) Between Building C and D: 7 metres
(f) Minimum Setback between Building A (Stacked Townhouses) Building Block to Building B (Dwelling, Multiple-Vertical) Building Block: 13.0 metres
(g) Maximum Height
i) Building A: 13.0 metres
ii) Building B:
x Dwelling, Multiple-Vertical: 11.5 metres
x Stacked Townhouses: 13.0 metres
iii) Building C:
x Dwelling, Multiple-Vertical: 11.5 metres
x Stacked Townhouses: 13.0 metres
iv) Building D:
x Dwelling, Multiple-Vertical: 13.0 metres
x Stacked Townhouses: 13.0 metres
v) Apartment Building: 28.0 metres
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(h) A below grade parking structure shall be permitted beyond the limits of the building envelope as identified:
i) To the easterly lot line: 0.5 metres
ii) To the southerly lot line: 1.0 metre
iii) To the northerly lot line: 23.8 metres
(3) Permitted Encroachments
No part of the building envelope shall be obstructed except as follows:
(a) Projections including balconies, uncovered and covered porches, decks, platforms and awnings, stairs, window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, eave troughs and other similar architectural features may project outside the building envelope provided that no such feature projects a maximum of 2.5 metres from the main wall of the building
(4) Vehicular Parking Requirements
(a) Minimum Parking Requirements:
i) Dwelling, Multiple-Vertical: 2.0 spaces per dwelling unit
ii) Stacked Townhouses: 1.0 space per dwelling unit
iii) Apartment Building: 1.0 space per dwelling unit
iv) Visitor Parking: 0.2 spaces per unit
7. Accessible Parking Requirements
To be provided in accordance with the Traffic and Parking By-law 6604/05, as amended, or any successor thereto.
8. Restrictions on Parking and Storage of Vehicles
(1) A private garage associated with a Stacked Townhouse and a Dwelling, Multiple-Vertical shall have a minimum width of 2.9 metres and a minimum depth of 6.0 metres. The width may include one interior step and the depth may include two interior steps.
(2) A driveway shall not be wider than the building or structure to which it provides access.
(3) The parking or storage of an inoperative vehicle is not permitted on any lot in a residential zone, unless it is entirely within a fully enclosed building or structure.
(4) The parking or storage or a construction vehicle is not permitted on any lot in a residential zone, unless it is entirely within a fully enclosed building or structure.
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(5) A vehicle that exceeds the maximum permissible vehicle size provisions, is permitted to park temporarily on a lot in an residential zone for the sole purpose of delivering to, servicing, building or constructing the premises on that lot.
(6) Subsection 5.19.2 of By-law 3037, as amended shall not apply.
9. Special Regulations (“R2” Zone)
(1) A private street shall have a minimum width of 6.5 metres.
(2) Despite the provisions of Section 5.6 of By-law 3037, as amended, the requirement for the frontage on a public street shall be satisfied by establishing frontage on a private street.
(3) A water meter building required by the Region of Durham for the purposes of measuring the quality of water delivered shall be exempt from the subject zoning requirements.
10. Landscaped Open Area and Residential Amenity Area (“R2” Zone)
(1) A minimum landscaped open area of 20% is required.
(2) 6.0 square metres of amenity area shall be provided for each unit;
(3) Accessory structures such as pergolas, sheds or other similar structures shall not be permitted on the private amenity area above the garage at the rear of the dwelling unit.
(4) A minimum balcony depth of 1.5 metres is required.
11. Permitted Uses and Zone Regulations (“OS” Zone)
(1) Permitted Uses (“OS” Zone):
No person shall within the lands designed "OS” on Schedule I attached hereto use any lot or erect, alter or use any building or structure except the following:
(a) Preservation and conservation of the natural environment, soil and wildlife;
(b) Resource Management; and
(c) Stormwater Management Facilities.
12. Zone Requirements (“OS” Zone)
No buildings or structures shall be permitted to be erected where buildings or structures are used only for purposes of resource management, including a stormwater management facility, pedestrian and/or bicycle trails.
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13. Model Homes
(1) Notwithstanding any provisions in By-law 3037, a maximum of one Model Home per dwelling unit type, having a minimum of one parking spaces per Model Home unit is permitted.
(2) 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.
14. By-law 3037
By-law 3037 is hereby amended only to the extent necessary to give effect to the provisions of this By-law as it appears to the area set out in Schedule I and II attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended.
15. 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, 2024.
___ 2ULJLQDO6LJQHG%\ _______________________________ Kevin Ashe, Mayor
___ 2ULJLQDO6LJQHG%\ _______________________________ Susan Cassel, City Clerk
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N /24Schedule I to By-Law Passed This WKDay of -XQH 2024
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N /24Schedule II to By-Law Passed This WK Day of -XQH 2024
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