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HomeMy WebLinkAboutBy-law 8024/23 (OLT-23-000740)By-law No. 8024/23 By-law will be in effect upon the end of the appeal period process. By-law passed on: June 26, 2023 Deadline for appeals: July 24, 2023 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. 8024/23 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, Part of Lot 18, Concession 2, and Part 3, 40R-9710, City of Pickering (A 03/16) 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 2, and Part 3, 40R-9710 in the City of Pickering, to permit a place of worship and a private school, and to facilitate the construction of a three-storey addition; And whereas an amendment to Zoning By-law 3036, as amended by By-law 6578/05, 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 2, and Part 3, 40R-9710, in the City of Pickering, designated “PW -PS” 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)“Building Height” means the vertical distance between the average grade as measured along the front wall, 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. Ornamental fixtures such as a cupola or antenna shall not be included in calculating the height of a building. (2)“Build-to-Zone” means an area of a property within which all or part of one (1) or more buildings or structure is to be located. By-law No. 8024/23 Page 2 (3)“Day Care Centre” means: (a)Indoor and outdoor premises where more than five (5) children are provided with temporary care and/or guidance for a continuous period but does not provide overnight accommodation and are licensed in accordance with the applicable Provincial Act; or (b)Indoor and outdoor premises in which care is offered or supplied on a regular schedule to adults for a portion of a day but does not provide overnight accommodation. (4)“Gross Floor Area” means the total area, expressed in square metres (m2) of each floor whether located above, at or below grade, measured between the exterior faces of the exterior walls of the building at each floor level but excluding any porch, veranda, cellar, mechanical room or penthouse, or areas dedicated to parking within the building. For the purposes of this definition, the walls of an inner court shall be deemed to be exterior walls. (5)“Lot” means a parcel of land fronting on a street, whether or not occupied by a building or structure. (6)“Lot Frontage” means the horizontal distance between the side lot lines of a lot measured along a line parallel to and 6.0 metre distant from the front lot line. (7)“Lot Line” means a line delineating any boundary of a lot. (8)“Lot Line, Flankage Side” means the side lot line, which separated a lot from the street adjacent to it. (9)“Lot Line, Front” means the lot line, which separates a lot from the street in front of it. Where more than one (1) lot line separates a lot from the street, the front lot line shall be the shorter lot line. Where a lot is a through lot, the lot line abutting the wider street right-of-way shall be the front lot line. In the case of a through lot, where both streets are of the same width, the City may designate either street line as the front lot line. (10)“Lot Line, Interior Side” means a side lot line, which is not adjacent to a street. (11)“Lot Line, Rear” means the lot line opposite to, and most distant from, the front lot line, but where the side lot lines intersect, as in the case of a triangular lot, the rear lot line shall be represented by the point of intersection. (12)“Lot Line, Side” means all lot lines, which join both a front lot line and a rear lot line. (13)“Office” means a building or part thereof, where administrative and clerical functions are carried out in the management of a business, profession, organization or public administration, but shall not include a medical office. By-law No. 8024/23 Page 3 (14)“Outdoor Storage” means the occasional or continuous keeping of goods, inventory, materials or machinery or equipment outside, but does not include damaged, impounded or inoperative vehicles. (15)“Parking Structure” means a building or portion thereof, containing one (1) or more parking spaces. (16)“Place of Worship” means a facility the principal use of which is the practice of religion, but which may include accessory uses subordinate and incidental to the principal use such as classrooms for religious instruction, programs for community social benefit, assembly areas, kitchens, offices and a residence for the faith group leader. Other than a day care centre which shall be permitted, a place of worship shall not include a private school or residential or commercial uses. (17)“School, Private” means a place of instruction (excepting a commercial school or private career college) offering curriculum equivalent to those customarily offered in an elementary school or secondary school, and may include a day care centre. (18)“Yard” means any open, uncovered, unoccupied space appurtenant to a building. (19)“Yard, Flankage Side” means a side yard adjacent to a street. (20)“Yard, Front” means a yard extending across the full width of the lot between the front lot line and the nearest wall of any main building on the lot for which the yard is required. (21)“Yard, Interior Side” means a side yard not adjacent to a street. (22)“Yard, Rear” means a yard extending across the full width of the lot between the rear lot line and the nearest wall of any main building on the lot for which the yard is required. (23)“Yard, Side” means a yard extending from the front yard to the rear yard between the side lot line and the nearest wall of any building or structure on the lot for which the yard is required. 5.Permitted Uses and Zone Regulations (“PW-PS” Zone) (1)Permitted Uses (“PW -PS Zone) No person shall, within the lands zoned “PW-PS” on Schedule I to this By-law, use any lot or erect, alter, or use any building or structure for any purpose except for the following: a)Place of Worship b)Private School By-law No. 8024/23 Page 4 (2)Zone Regulations (“PW-PS” Zone) No person shall, within the lands zoned “PW-PS” on Schedule I to this By-law, use any lot or erect, alter, or use any building or structure except in accordance with the following provisions: a)Lot Frontage i)minimum – 60.0 metres b)Lot Area i)minimum – 0.6 of a hectare c)Building Setbacks i)no building or part of a building or structure shall be erected outside of the building envelope, as shown on Schedule II to this By-law; and ii)no building or part of a building or structure shall be erected within the building envelope, unless a minimum of 20 percent of the length of the build-to-zone, as shown on Schedule II to this By-law, contains a building or part of a building d)Gross Floor Area (GFA)i)maximum – 7,000 square metres e)Landscaped Area i)minimum – 20 percent of the lot f)Special Provisions i)the lands zoned “PW-PS”, as shown on Schedule I to this By-law, shall be deemed to be one lot and the provisions of this By-law shall apply to the whole of the lot (3)Vehicular Parking Regulations a)Minimum Parking Requirements Place of Worship i)1 space per 4 persons capacity Private School i)1 space for each staff member; and ii)1 space per 10 students b)Overflow Parking Requirement In addition to the minimum parking requirements in Section (3) a) above, a minimum of 25 parking spaces shall be provided on the lands, as shown on Schedule I to this By-law, or may be provided on another lot, where a legal easement or agreement exists. c)Surface Parking Spaces All surface parking shall be setback a minimum of 3.0 metres from all lot lines. By-law No. 8024/23 Page 5 (4)Outdoor Storage a)No outdoor storage is permitted on the lot. (5)Garbage Facilities a)All garage facilities shall be contained within a fully enclosed structure attached or integrated into a building. 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 to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036. 7.Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 26th day of June, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Original Signed By Original Signed By PW-PS Br o c k R o a d Usman Road R a y l e e n C r e s c e n t Jade Street A z u r e M e w s Saffron Drive Clerk Mayor i N Schedule I to By-Law 8024/23 Passed This 26th Day of June 2023 97.9m 38 . 6 m 36 . 8 m 72 . 7 m 93.0m 5.0m Original Signed By Original Signed By Usman Road Br o c k R o a d Jade Street A z u r e M e w s Saffron Drive i N Clerk Mayor Schedule II to By-Law 8024/23 Passed This 26thDay of June 2023 Building Envelope Build-to-Zone 3.0m 3.0m 10.5m 3. 5 m 12.0m 10.0m 3.0m Original Signed By Original Signed By