HomeMy WebLinkAboutBy-law 7394/14 The Corporation of the City of Pickering
By-law No. 7394/14
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, on Part of Lot 2, Registered
Plan 388, Part of Lots 33 and 34, Concession 1; Part of Lot 32
and Part of the Road Allowance between Lots 32 and 33,
Concession 1, and Lots 5 and 6, Registered Plan 566, City of
Pickering (A 6/13) •
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Part of Lot 2, Registered Plan 388, Part of Lots 33 and
34, Concession 1, Part of Lot 32 and Part of the Road Allowance between Lots 32 and
33, Concession 1, and Lots 5 and 6, Registered Plan 566 in the City of Pickering to
permit the development of 15 lots for detached dwellings, 4 blocks for 22 townhouse
units and 1 block for 40 townhouse units on a common element road; •
And whereas an amendment to Zoning By-law 3036, as amended, is required to permit
such uses;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedules I, II, Ill and IV
Schedules I, II, Ill and IV 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 on Part of Lot 2,
Registered Plan 388,.Part of Lots 33 and 34, Concession 1, Part of Lot 32 and
Part of the Road Allowance.between Lots 32 and 33, Concession 1, and Lots 5
and 6, Registered Plan 566 in the City of Pickering, designated "S3-15", "MD-H9"
"MD-H10" and "MD-H11" on Schedules I, II, Ill and IV 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) (a) "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;
By-law No. 7394/14 Page 2
(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;
(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;
(c) "Dwelling, Detached"'shall mean a single dwelling which is
freestanding, separate and detached from other main buildings or
structures;
(d) "Multiple Dwelling — Horizontal" shall mean a building containing
three or more dwelling units attached horizontally by an above-
grade wall or walls;
(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) "Height, Building" shall mean the vertical distance between the
established grade, at the front of the house, 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 between eaves and ridge.
(5) (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 combined areas of all the buildings
on the lot measured at the level of the first floor and expressed as a
percentage of the lot area;
(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;
(6) (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. 7394/14 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 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;
5. Provisions ("S3-15", "MD-H9", "MD-H10" and "MD-H11" Zones)
(1) Uses Permitted ("S3-15", "MD-H9", "MD-H10" and "MD-H11" Zones)
(a) No person shall within the lands zoned "S3-15" on Schedules I and
II attached hereto, use any lot or erect, alter, or use any building or
structure for any purpose except the following:
(i) detached dwelling
By-law No. 7394/14 Page 4
(b) No person shall within the lands zoned "MD-9", "MD-10" and
"MD-H11" on Schedules Ill and IV attached hereto, use any lot or
erect, alter, or use any building or structure for any purpose except
the following:
(i) multiple dwelling — horizontal
(2) Zone Requirements ("S3-15" and "MD-H9" Zones)
No person shall within the lands zoned "S3-15" and "MD-H9" on
Schedules I, II and III attached hereto use any lot or erect, alter or use any
building or structure except in accordance with the provisions as set out in
the following provisions:
"S3-15" Zone "MD-H9" Zone
(i) 13.0 metres for
lands as shown on
Schedule I attached
(a) Lot Frontage to this by-law
(minimum) 6.0 metres
(ii) 14.0 metres for
lands as shown on
Schedule II attached
to this by-law
(b) Lot Area 480 square metres 150 square metres
(minimum)
Front Yard
(c) Depth 7.0 metres 4.5 metres
(minimum)
1.2 metres on one side, 1.5 metres except where
0.6 metres on the other dwellings on abutting lots
Side Yard side and provided there g
(d) Depth is a minimum 1.2 metres share a common wall, no
interior side yard shall be
(minimum) separation between required adjacent to that
dwellings on adjacent wall on either lot
lots
Rear Yard
(e) Depth 7.0 metres
(minimum)
(fl Flankage
Yard Depth n/a 2.7 metres
(minimum)
•
By-law No. 7394/14 Page 5
"S3-15" Zone "MD-H9" Zone
Building
(9) Height 11.0 metres
(maximum)
(i) 45 percent for lands
as shown on
Schedule I attached
(h) Lot Coverage to this by-law
(maximum) 50 percent
(ii) 33 percent for lands
as shown on
Schedule II attached
to this by-law
(i) 3.0 metres
Driveway (ii) 6.0 metres for units
0) Width 6.0 metres in the hatched area
(maximum) as shown on
Schedule Ill attached
to this by-law
(3) Zone Requirements ("MD-H10" and "MD-H11" Zones)
No person shall within the lands zoned "MD-H10" and "MD-Hit' on
Schedule IV attached hereto use any lot or erect, alter or use any building
or structure except in accordance with the provisions as set out in the
following provisions:
"MD-H10" Zone "MD-H11" Zone
(a) Lot Frontage
(minimum) 6.0 metres
(b) Lot Area 120 square metres
(minimum)
Front Yard
(C) Depth 4.5 metres 2.7 metres
(minimum)
Side Yard 1.2 metres except where dwellings on abutting lots
(d) Depth share a common wall, no interior side yard shall be
(minimum) required adjacent to that wall on either lot
•
By-law No. 7394/14 . Page 6
"MD-H10" Zone "MD-H11" Zone
(i) 7.0 metres
Rear Yard
(e) Depth (ii) 6.0 metres for units 3.0 metres
(minimum) in the hatched area
as shown on
Schedule IV
(f) Flankage Yard 2.7 metres to Altona Road and 1.2 metres to a
Depth common element condominium street
(minimum)
(g) Building Height
(maximum) 11.0 metres
Driveway
(0 Width 3.0 metres 6.0 metres
(maximum)
Number of
U) Dwelling Units 40 units
(maximum)
Parking 2.0 parking spaces per dwelling unit for residents,
(k) Requirements and 0.25 of parking space per dwelling unit for
(minimum) visitors
(4) Special Provisions ("S3-15", "MD-H9", "MD-H10" and "MD-H11" Zones)
(a) Minimum Garage Requirements for lands zoned "S3-15" on
Schedules I and II:
minimum one private garage m u o e p ate ga age per lot attached to the main
building, the vehicular entrance of which shall be located not
less than 7.0 metres from the front lot line, and not less than
6.0 metres from any side lot line immediately adjoining or
abutting a reserve on the opposite side of which is a street;
(b) Minimum Garage Requirements for lands zoned "MD-H9" and
"MD-H10" on Schedules III and IV:
(i) minimum one private garage per lot attached to the main
building, the vehicular entrance of which shall be located not
less than 6.0 metres from the front lot line, and not less than
6.0 metres from any side lot line immediately adjoining or
abutting a reserve on the opposite side of which is a street;
7394/14 Page 7
By-law No. 739 g
(c) Minimum Garage Requirements for lands zoned "MD-H11" on
Schedule IV:
(i) minimum one private garage per lot attached to the main
building, the vehicular entrance of which shall be located not
less than 6.0 metres from the rear lot line;
(d) Maximum Garage Projection for lands zoned "S3-15", "MD-H9" and
"MD-H10":
(i) maximum 2.0 metres beyond the wall containing the main
entrance to the dwelling unit, except where a covered and
unenclosed porch extends a minimum of 1.8 metres from the
wall containing the main entrance to the dwelling unit, in which
case no part of any attached private garage shall extend more
than 3.0 metres beyond the wall containing the main entrance
to the dwelling unit;
(e) Obstruction of Yards (Maximum):
(i) The following provisions shall apply to lands zoned "S3-15",
"MD-H9" and "MD-H10"
A. any unenclosed porches not exceeding 1.5 metres in
height above established grade, may encroach a
maximum of 2.0 metres into the required minimum front
yard;
B. any uncovered decks, platforms and steps not
exceeding 1.5 metres in height above established
grade, may encroach a maximum of 3.0 metres into the
required rear yard;
C. bay, bow or box window may encroach a maximum into
required yards as follows:
i. front yard '0.6 metres
ii. flankage yard 0.6 metres
iii. rear yard 0.6 metres
iv. eaves above these features may project to a
further 0.6 metres
into the required
front or rear yards;
By-law No. 7394/14 Page 8
(f) The following provisions shall apply to lands zoned "MD-H11" Zone
on Schedule IV:
(i) Obstruction of Yards (maximum):
A. any unenclosed porches not exceeding 1.5 metres in
height above established grade, may encroach a
maximum of 1.5 metres into the required minimum front
yard;
B. bay, bow or box window may encroach'a maximum into
required yards as follows:
i. front yard 0.6 metres
ii. flankage yard 0.6 metres
iii. rear yard 0.6 metres
iv. eaves above these features may project to a
further 0.6 metres
into the required
front or rear yards;
C. Despite any minimum front yard depth requirement; on
a corner lot, the setback to a daylight triangle shall be a
minimum of 1.2 metres;
(5) Special Regulations ("S3-15", "MD-H9", "MD-H10" and "MD-H11" Zones)
(i) 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
for the lands on Schedule IV to this By-law;
(ii) Despite Section 5.(5)(i) above, the lot line abutting Altona Road
shall be deemed to be the Front Lot Line for the lands Zoned
"MD-H11"on Schedule IV attached hereto;
(iii) Despite Sections 5.(1)(b) and 5.(1)(3) of this By-law, a water m_eter
building required by the Region of Durham for the purpose of
measuring the quantity of water delivered shall be exempted from
"MD-H10" and "MD-H11" zone use provisions and zone
requirements;
(iv) Section 5.22 of By-law 3036, as amended, shall not apply to the
lands zoned "MD-H10" and "MD-H11" on Schedule IV attached
hereto.
By-law No. 7394/14 Page 9
6. Dwelling Unit Requirements
(1) Not more than a total of 77 dwelling units shall be permitted on the lands
zoned as "53-15", "MD-H9", "MD-H10" and "MD-H11" on Schedules I, H,
III and IV attached to this By-law.
(2) Of the 77 dwelling units permitted, a maximum of 14 dwelling units are
transferred as follows:
•
(a) 5 units were transferred from lands zoned "S3-15" on Schedules I
and II to lands zoned "MD-H9" on Schedule III;
(b) 9 units were transferred from lands zoned "S3-15" on Schedules I
and II to lands zoned"MD-H10" and "MD-H11" on Schedule IV.
7. Model Homes
•
(1) Despite the provisions of Section 6.1 of By-law 3036, as amend ed, a
maximum of 3 model homes, together with not fewer than two parking
spaces per Model Home, may be constructed on the lands zoned "S3-15"
as set out in Schedules I and Ii attached to this By-law prior to the division
of those lands by registrations of a plan of subdivision or land division;
(2) Despite the provisions of Section 6.1 of By-law 3036, as amended, a
maximum of 1 block, together with not fewer than two parking spaces per
Model Home, may be constructed on the lands zoned"MD-H9" as set out
in Schedule III attached to this By-law prior to the division of those lands
by registrations of a plan of subdivision;
(3) Despite the provisions of Section 6.1 of By-law 3036, a maximum of
1 block, together with not fewer than two parking spaces per Model Home,
may be constructed on the lands zoned "MD-H10" and "MD H11" as set
out in Schedule IV attached to this By-law prior to the division of those
lands by registrations of a plan of subdivision; •
(4) For the,purpose of this By-law, "Model Home" shall mean a-dwelling unit
which is not used for residential purpose, but which is used exclusively for
sales, display, and marketing purposes pursuant to an agreement with the
City of Pickering.
8. 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.
By-law No. 7394/14 Page 10
9. Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law passed this 15th day of December, 2014.
A
David Ryan, Ma
Debbie Shields, City Clerk
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