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HomeMy WebLinkAboutBy-law 7930/22By-law No. 7930/22 By-law will be in effect upon the end of the appeal period process. By-law passed on April 25, 2022 Deadline for appeals May 26, 2022 By-law in full force and effect upon issuance of the affidavit provided no appeals have been received. The Corporation of the City of Pickering By-law No. 7930/22 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 Part of Lot 28, Range 3 BFC, now Parts 1 and 2, 40R-9413, City of Pickering (A 11/19) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lot 28, Range 3 BFC, now Parts 1 and 2, 40R-9413, in the City of Pickering to permit the development of a residential condominium consisting of stacked townhouse units accessed from a private road; And whereas an amendment to Zoning By-law 3036, as amended by By-law 7437/15, 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 in Part of Lot 28, Range 3 BFC, now Parts 1 and 2, 40R-9413 in the City of Pickering, designated “MU-33” 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 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. By-law No. 7930/22 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)“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. (5)“Bicycle Parking Space” shall mean an area used exclusively for parking or storing a bicycle. (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 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. (7)“Grade” or “Established Grade” means the average elevation of the finished level of the ground adjoining all exterior walls of a building. (8)“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. (9)“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 areas for loading, parking or storing of vehicles. (10)“Parapet Wall” shall mean the portion of an exterior wall extending above the roof. (11)“Park, Private” shall mean a park which is maintained by a condominium corporation. By-law No. 7930/22 Page 3 (12) “Porch” means a roofed deck or portico structure attached to the exterior wall of a building, a basement may be located under the porch. (13) “Primary Entrance Door” means the principal entrance by which the resident enters or exists a dwelling unit. (14) “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. (15) “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. (16) “Wall, Front” shall mean 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. 5. Provisions (“MU-33” Zone) (1) Uses Permitted (“MU-33” Zone) (a) No person shall within the lands zoned “MU-33” 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 (“MU-33” Zone) No person shall within the lands zoned “MU-33” 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) Number of Dwelling Units: (i) Minimum number of dwelling units: 23 units (ii) Maximum number of dwelling units: 88 units By-law No. 7930/22 Page 4 (b) Building Location and Setbacks: (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 entire length of the build-to-zone, as illustrated on Schedule II attached hereto, contains a continuous portion of the exterior wall of a building; (iii) A minimum separation between buildings of 12.0 metres, excluding any parking garage stair access and parking garage structure. (iv) A below grade parking structure shall be permitted beyond the limits of the building envelope as identified on Schedule II attached hereto, but no closer than 15.0 metres from the north lot line and no closer than 4.5 metres from all other lot lines. (c) Building Height: (i) Maximum Building Height: 13.0 metres (4 storeys) (d) Private Outdoor Amenity Area: (i) Minimum: 4.5 square metres per dwelling unit (e) Private Park Area: (i) Minimum: 540 square metres (f) Parking Requirements: (i) Minimum 1.0 parking space per dwelling unit plus 0.2 of a parking space per dwelling unit for visitors. (ii) Surface parking spaces shall not be permitted within 15.0 metres of the north property line. (iii) Air vents constructed in association with a below grade parking structure are permitted to project to a maximum of 1.2 metres above established grade, but no closer than 4.0 metres to a street line. (g) Bicycle Parking Requirements (i) Minimum 1.0 bicycle parking space per dwelling unit. By-law No. 7930/22 Page 5 (ii) Dimensions: (a) if located in a horizontal position (on the ground): a minimum length of 1.8 metres and a minimum width of 0.6 metres; (b) if located in a vertical position (on the wall): a minimum length of 1.5 metres and a minimum width of 0.5 metres. (iii) A minimum of 50 percent of the required bicycle parking spaces must be located within: (a) a building or structure; (b) a secure area such as a supervised parking lot or enclosure; or (c) bicycle lockers. (3) Special Provisions (“MU-33” Zone) (a) Obstruction of Yards (i) Despite Section 5(2)(b)(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 1.0 metre to any lot line; (ii) Despite Section 5(2)(b)(i), canopies, pergolas and other similar ornamental structures shall be permitted beyond the limits of the building envelope as illustrated on Schedule II; (iii) Despite Section 5(2)(b)(i), air conditioners are permitted beyond the limits of the building envelope as illustrated on Schedule II, but not closer than 3.0 metres to any lot line; (iv) Despite Section 5(2)(b)(i), waste shall be stored within a fully enclosed building, structure or partially underground structure, which shall be permitted to be located beyond the limits of the building envelop as identified on Schedule II attached hereto. (b) Despite Sections 5(1)(a) 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-33” zone use provisions and zone requirements. By-law No. 7930/22 Page 6 (c)Despite Sections 5.7, 5.21.2 and 5.22 of By-law 3036, as amended, shall not apply to the lands zoned “MU-33” on Schedule I attached hereto. (d)A landscaped area shall be provided along the north property line as identified on Schedule III. 6.By-law 3036 By-law 3036, 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 3036, as amended. 7.Effective Date This By-law shall come into force in accordance with Sections 24(2), 34(21) and other relevant provisions of the Planning Act. By-law passed this 25th day of April, 2022. ___________________________________ David Ryan, Mayor ___________________________________ Susan Cassel, City Clerk Original Signed By Original Signed By Kingston R o a d Sheppard Avenue De l t a B o u l e v a r d Omega Drive Clerk Mayor N 7930/22Schedule I to By-Law Passed This 25th Day of April 2022 74.0m 83.7m 12 3 . 6 m 84 . 6 mMU-33 Original Signed By Original Signed By Kingston R o a d Sheppard Avenue De l t a B o u l e v a r d Omega Drive N Clerk Mayor 7930/22Schedule II to By-Law Passed This 25th Day of April 2022 15.0m 15.0m 3.0m 4.5m 3.0m 4.5m 4.5m Building Envelope Build To Zone 3.0m Original Signed By Original Signed By Kingston R o a d Sheppard Avenue De l t a B o u l e v a r d Omega Drive Clerk Mayor N 7930/22Schedule III to By-Law Passed This 25th Day of April 2022 3.0m 4.5m Landscaped Area Original Signed By Original Signed By