The URL can be used to link to this page

Home My WebLink AboutBy-law 7377/14 The Corporation of the City of Pickering By-law No.7377/14 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 Lots 1, 2, and 3, Registered Plan 456, in the City of Pickering. (OPA 12-001/P &A 1/12) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part Lots 1, 2, and 3, Registered Plan 456, in the.City of Pickering to permit a residential apartment building; And whereas an amendment to By-law 3036, as amended, 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 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 apply to those lands in Part Lots 1, 2, and 3, • Registered Plan 456, in the City of Pickering, designated "RH11-4" on Schedule I attached hereto. 3. General Provisions No building, 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) "Angular Plane" shall mean an imaginary flat surface projecting over a lot, at an inclined angle measured up from the horizontal; (2) "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; (3) "Building, Apartment" shall mean a building containing more than four dwelling units where the units are connected by an interior corridor; (4) "Children's Play Area" shall mean an outdoor area on a lot or on a building on a lot that is communal and available for use by the occupants of a building on the lot and designed to accommodate play equipment for recreational use by children; By-law No. 7377/14 Page 2 (5) (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; (6) (a) "Floor Area" 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" 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, above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas and underground parking areas below established grade; (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 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; (c) "Lot Line, Front" shall mean the lot line, which separates a lot from the street in front of it. Where more than one 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; (d) "Lot, Through" shall mean a lot bounded on opposite sides by a street; (8) "Pedestrian Perception Step-back" shall mean the horizontal distance that the exterior wall of a storey must be offset, towards the interior of the building, measured from the outer edge of the exterior wall of the storey directly below it, or from the outer edge of the exterior wall of the storey that the by-law indicates from which it is to be offset; (9) "Storey" shall mean that portion of a building other than a basement, cellar, attic or below grade parking garage, included between the surface of any floor and the surface of the floor, roof deck or ridge next above it; By-law No. 7377/14 Page 3 (10) "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. 5. Provisions (1) Uses Permitted ("RH11-4" Zone) No person shall within the lands designated "RH11-4" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following (a) apartment building (2) Zone Requirements ("RH11-4" Zone) No person shall within the lands designated "RH11-4" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) Lot Area (minimum): 9,900.0 metres (b) Lot Frontage (minimum): 100.0 metres (c) Gross Floor Area (maximum): 23,650.0 square metres (d) Building Height: (i) minimum 4 storeys and 11.0 metres (ii) maximum 12 storeys and 40.0 metres (e) Number of Dwelling Units: (i) minimum 180 dwelling units (ii) maximum 227 dwelling units (3) Building Location and Setback: Buildings and structures shall be located entirely within the building envelope shown on Schedule II attached hereto, except as follows: (a) No building, part of a building, or structure shall be erected within the "RH11-4" Zone, unless a minimum of 80 metres of the length of the build-to-zone shown on Schedule II attached hereto, contains a building or part of a building. (b) For any portion of a building or structure located within the "RH11-4" Zone, and facing the front lot line, a minimum pedestrian perception step-back of 1.5 metres shall be required above the 4th storey. An additional pedestrian perception step-back of 1.5 metres shall be required above the 8th storey. By-law No. 7377/14 Page 4 (c) All portions of a building or structure within the building envelope shown on Schedule II attached hereto, must be contained within a 45 degree angular plane projected southerly over the lot measured at the north lot line at an elevation of 1.2 metres above the average elevation of the ground as shown on Schedule Ill attached hereto. (d) Below grade parking structures shall be permitted beyond the limits of the building envelope identified on Schedule II attached hereto, but no closer than 0.5 metres from the lot line. (e) Clause 5.22 of By-law 3036, as amended, shall not apply to lands designated "RH11-4" on Schedule I attached hereto. (f) Architectural projections including canopies, patios, balconies and awnings shall be permitted to extend a maximum of 2.5 metres beyond the building envelope. (4) Parking Requirements: (a) For apartment building uses, there shall be provided and maintained a minimum of 1.14 parking spaces per dwelling unit for residents, and 0.2 of a parking space per dwelling unit for visitors. (b) Despite clause 5.21.2(g) of By-law 3036 all entrances and exits to parking areas, and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. (c) Despite clauses 5.21.2(b) and (d) of By-law 3036 at grade parking lots shall be permitted no closer than 3.5 metres from the north, west, and south limits of the "RH11-4" Zone identified on Schedule attached hereto, and no closer than 1.5 metres from the east limit of the "RH11-4" Zone identified on Schedule I attached hereto. (5) Special Provisions: (a) For the purposes of this By-law, Whites Road is deemed to be the front lot line. (b) A Children's Play Area shall be provided at a minimum rate of 1.0 square metre per bedroom excluding master bedrooms. (c) Clauses 5.9, 5.18, 5.21.1, 5.21.2(a), 5.212(e), 5.21.2(f), and 5.21(k) of By-law 3036, as amended, shall not apply to lands designated "RH11-4" on Schedule I attached hereto. By-law No. 7377/14 Page 5 6. By-law 3036 By-law 3768/91 as it applies to the area set out in Schedule I attached to this By-law, is hereby repealed. 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 Schedules I, II, and Ill 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 the provisions of the Planning Act. By-law passed this 14th day of July, 2014. • David Ryan r Debbie Shields, City Clerk • DURHAM STANDARD CONDO PLAN 191 8.3m 85.7m • 0 U u�� • RH11 -4 a° E ti PART LOTS 1, 2, 3, PLAN. 456 r N kJ CO J N DU\ FAIR 3 r • STREET w ' • Z of w a H 85.7m 75m • PT LOT 4, PLAN 456, PT 30, 31, 32, 41, 42 40R-15653 �^ ■ SCHEDULE I TO BY-LAW 7377/14 PASSED THIS 14th DAY OF July 2014 ■ . MAYOR CLERK • • 0 cd_+ 2.8m . :❖: ❖s A4 DUNFAIR Q STREET .❖. • • ❖: m S:•: 21.0m (r) • .•••. LLI .;.,. to 5tx5 BUILD-TO-ZONE BUILDING ENVELOPE 'A'','�� • • SCHEDULE I] TO BY—LAW 7377/14 PASSED THIS 14th DAY OF July • 2014 MAYOR Cs 5.MAT CLERK w z J >- H w Q\,P O , ti 1.2m GRADE DURHAM STANDARD CONDO PLAN 191 PART LOTS 1, 2, 3, PLAN 456 N.T.S. N SCHEDULE III TO BY-LAW 7377/14 PASSED THIS 14th DAY OF July 2014 MAYOR CLERK