HomeMy WebLinkAboutBy-law 7303/13 The Corporation of the City of Pickering
By-law No. 7303/13
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 in
Part of Lot 1, Plan 388 and Block 39, Plan 40M-2086
(OPA 12-002/P, SP-2012-02, CP-2012-03 & A 5/12)
Whereas the Council of the Corporation of the City of Pickering received an application
to rezone the subject lands being Part of Lot 1, Plan 388 and Block 39, Plan 40M-2086,
City of Pickering to permit the development of 23 townhouse units on a common
element condominium road.
And whereas it is appropriate to amend By-law 3036, as amended, to permit such uses;
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 attached hereto 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 only apply to those lands being Part of Lot 1,
Plan 388 and Block 39, Plan 40M-2086, designated "MD-H8" on Schedule I
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) "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;
(2) (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;
By-law No. 7303/13 Page 2
(b) "Dwelling Unit" shall mean a 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;
(3) (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.
(4) (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 a 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 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.
(5) (a) "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.
. (6) (a) "Multiple Dwelling •- Horizontal" shall mean a building containing
three or more dwelling units attached horizontally by an above-
grade wall or walls.
(7) (a) "Private Garage" shall mean an enclosed or partially enclosed
structure for the storage of one or more vehicles, in which no
business or service is conducted for profit or otherwise.
(8) (a) "Water Meter Building" shall mean a building or structure that
contain devices supplied by the Region of Durham which measures
the quantity of water delivered to a property.
(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;
By-law No. 7303/13 Page 3
(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
lots;
(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.
5. Provisions
(1) (a) Uses Permitted ("MD-H8" Zone)
No person shall within the lands designated "MD-H8" on Schedule I
attached hereto use any lot or erect, alter or use any building or
structure for any purpose except the following:
By-law No. 7303/13 Page 4
(i) Multiple Dwelling — Horizontal
(b) Zone Requirements ("MD-H8" Zone)
No person shall within the lands designated "MD-H8" on Schedule I
attached hereto use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(i) Building Requirements
•
A Number of Dwelling Units (maximum) 23
B Building Location and Setbacks
(i) Buildings shall be located entirely within the
building envelope as illustrated on Schedule II
attached hereto.
(ii) A minimum of 60% of the length of the build-to-
zone along the Altona Road frontage, and a
minimum of 60% of the length of the build-to-
zone along Finch Avenue as illustrated on
Schedule ll attached hereto, shall contain a
building or part of a building.
C Dwelling Units per lot (maximum) 1
D Lot Frontage (minimum) 5.0 metres
E Lot Area (minimum)
(i) 95 square metres for lots adjacent to
Finch Avenue or Altona Road
(ii) 110 square metres for all other lots
F Building Height (maximum) 10.5 metres
(ii) Building Separation
A The horizontal distance between adjacent buildings
shall not be less than 3.0 metres, except if such
buildings are attached in whole or in part.
By-law No. 7303/13 Page 5
(iii) Parking Requirements
A There shall be provided and maintained a minimum of
2.0 parking spaces per dwelling unit for residents, and
0.25 of a parking space per dwelling unit for visitors.
B A minimum of 1 private garage per lot.
C Any vehicular entrance for an enclosed private garage
shall be located a minimum of 6 metres from any lot
line that abuts the street or private road that provides
vehicle access to the private garage.
(iv) Obstruction of Yards (maximum):
A Despite Section 5(1)(b)(i)B balconies, covered or
uncovered steps, porches and platforms may project
outside the required building envelope to a maximum
projection of 2.0 metres from the main wall of the
building.
B Notwithstanding A above, any balconies, covered or
uncovered steps, porches and platforms exceeding
1.5 metres in height above established grade are not
permitted to project outside the required building
envelope abutting existing residential dwellings along
Shadow Place.
(v) Special Regulations:
A Despite Section 5(1)(b)(i)B, Accessory Buildings and
Uses are permitted in accordance with By-law 3036
Section 5.18.
B Despite the provisions of Section 5.6 of By-law 3036,
as amended, the requirement for the frontage on a
public street shall be satisfied by establishing frontage
on a common element condominium street.
C Despite Section 5(1)(b) a water meter building required
by the Region of Durham for the purpose of measuring
the quantity of water delivered shall be exempted from
"MD-H8" zone requirements.
D Section 5.22 of By-law 3036, as amended, shall not
apply to the lands designated MD-H8 on Schedule I
attached hereto.
By-law No. 7303/13 Page 6
6. Model Homes
(1) Despite the provisions of Clause 6.1 of By-law 3036, a maximum of one
block of multiple-dwelling horizontal units, together with not fewer than two
parking spaces per Model Home unit, may be constructed on the lands set
out in Schedule I attached to this By-law prior to the division of those lands
by registration of a plan of subdivision.
7. 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.
8. Effective Date
This By-law shall not come into force on the day it was passed, until Pickering
Official Plan Amendment Number 24 is in full force and effect.
By-law passed this 16th day of September, 2013.
David R , or
Debbie Shields, City Clerk
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SCHEDULE I TO BY-LAW 7 303/ 1 3
PASSED THIS 1 6th
DAY OF SEPTEMBER 2013
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SCHEDULE LI TO BY-LAW 7303/13
PASSED THIS 1 6th
DAY OF SEPTEMBER 2013
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MAYOR
CLERK