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HomeMy WebLinkAboutBy-law 7710/19 - LPAT Order PL171399The Corporation of the City of Pickering By-law No. 7710/19 LPAT Order No. PL171399 July 31, 2019 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547, City of Pickering (A 05/17) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547, in the City of Pickering to permit residential uses consisting of block townhouses and stacked townhouses, parkland and stormwater management uses; Whereas the Official Plan for the City of Pickering contains provisions relating to the authorization of increase in density of development; Whereas pursuant to Section 37 of the Planning Act, a by-law under Section 34 of the Planning Act, may authorize increases in density (or height) of development beyond those otherwise permitted by the by-law in return for the provisions of such facilities, services or matters as are set out in the by-law; Whereas Subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services and matters in return for an increase in density (or height) of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services and matters; Whereas the owner of the subject lands has elected to provide the facilities, services and matters hereinafter set out; And whereas the increase in density beyond that otherwise permitted on the aforesaid lands by By-law 3037, as amended, is permitted in return for the provisions of the facilities, services and matters set out in this By-law, and will be secured an agreement between the owner of the lands and the City of Pickering; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedules I and II Schedules land 11 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 Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547, in the City of Pickering, designated "MU -MD -2", "NP" and "OS -HL" on Schedule Ito this By-law. By-law No. 7710/19 Page 2 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 landscaped 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. (3) "Bay, Bow, Box Window" means 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) "Building" means a structure occupying an area greater than 10.0 square metres and consisting of any combination of walls, roof and floor but shall not include a mobile home. (5) "Build -to -Zone" means an area of land in which all or part of a building elevation of one or more buildings is to be located. (6) "Deck" means a raised platform attached to the exterior wall of a building and with direct access from within a building and from grade. (7) (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. By-law No. 7710/19 Page 3 (c) "Dwelling, Block Townhouse" means a residential use building containing three or more attached principal dwelling units divided vertically, and where all dwelling units are located on one lot and accessed from a private street, laneway or common condominium aisle. (d) "Dwelling, Stacked" means a residential use building of four or fewer storeys in height containing three or more principal dwelling units where the units are divided horizontally and vertically, and in which each dwelling unit has an independent entrance to the interior unit. (8) "Front Wall" means a primary exterior wall of a building, not including permitted projections, which contains the primary entrance door. (9) "Grade" or "Established grade" means, when used with reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the front of such building and when used with reference to a structure shall mean the average elevation of the finished surface of the ground immediately surrounding such structure, exclusive in both cases of any artificial embankment. (10) "Height, Building" means 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. (11) "Landscaped Area" means an outdoor area comprising trees, plants, decorative stonework, retaining walls, walkways, or other landscape or architectural elements, excluding aisles, private streets, driveways, porches, decks, and areas for loading, parking or storing of vehicles. (12) "Lane" means a thoroughfare not intended for general traffic circulation that provides means of vehicular access to the rear of a lot where the lot also fronts or flanks onto a street, or where a lot fronts onto public or private open space. The lane may be maintained by a condominium corporation as a private road condominium or by a government authority. (13) "Neighbourhood Park" means a municipal public park. (14) "Parapet Wall" means the portion of an exterior wall extending above the roof. (15) "Porch" means a roofed deck or portico structure attached to the exterior wall of a building; a basement may be located under the porch. (16) "Primary Entrance Door" means the principal entrance by which the resident enters or exists a dwelling unit. By-law No. 7710/19 Page 4 (17) "Private Garage" means an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise. (18) "Storey" means 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. (19) "Street" mean a public highway but does not include a lane. Where a 0.3 metre reserve abuts a street, or where a daylight triangle abuts a street, for the purposes of determining setbacks the street shall be deemed to include the 0.3 metre reserve and/or the daylight triangle; however, nothing herein shall be interpreted as granting a public right of access over the 0.3 metre reserve or as an assumption of the 0.3 metre reserve as a public highway for maintenance purposes under the Municipal Act. (20) "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 roadway maintained by a corporation to provide vehicular and pedestrian access to parking lots and individual retail/commercial units iv) 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. (21) "Water Meter Building" means a building or structure that contains devices supplied by the Region of Durham which measures the quantity of water delivered to a property. 5. Provisions ("MU -MD -2" Zone) (1) Uses Permitted ("MU -MD -2" Zone) No person shall within the lands zoned "MU -MD -2" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) Block Townhouse Dwelling (b) Stacked Dwelling (2) Zone Requirements ("MU -MD -2" Zone) No person shall within the lands zoned "MU -MD -2" on Schedule 1 to this By-law, use any lot or erect, alter, or use any building except in accordance with the following provisions: By-law No. 7710/19 Page 5 (a) Number of Dwelling Units: (i) Minimum number of dwelling units: 264 units (ii) Maximum number of dwelling units: 704 units (iii) Minimum number of Block Townhouse Dwelling units: 62 (b) Building Location and Setbacks: (1) 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 length of the build -to -zone along the frontages of Street 'A', Palmer's Sawmill Road, Four Season's Lane and Tillings Road, as illustrated on Schedule II attached hereto, contains a building or part of a building. (iii) The separation distance between the front wall of a building or a dwelling where it faces the front wall of another building or a dwelling shall be a minimum of 11.0 metres. (iv) The minimum separation distance between the exterior walls of buildings or dwellings, except for the front wall, shall be a minimum of 3.0 metres. (v) Despite Section 2(b)(iv) above, where a sidewalk is located between buildings or dwellings, the minimum separation distance between the exterior walls of buildings or dwellings, except for the front wall, shall be a minimum of 4.5 metres. (vi) Maximum length of a block of Townhouse Dwellings or a block of Stacked Dwellings shall be 51 metres. (c) Building Height (maximum): (i) Block Townhouse — 12.0 metres (ii) Stacked Townhouse — 14.0 metres (d) Parking Requirements ("MU -MD -2" Zone): The minimum parking rates for the uses permitted in a "MU -MD -2" Zone shall be provided in accordance with the following provisions: Unit Type Residential Rate Visitor Parking Rate (1) Block Townhouse A minimum of 2.0 parking spaces per dwelling unit a minimum of 0.2 of a parking space per dwelling unit (11) Stacked Townhouse a minimum of 1.50 parking spaces per dwelling unit By-law No. 7710/19 Page 6 (e) Special Parking Provisions ("MU -MD -2" Zone): (i) Any vehicular entrance for an enclosed private garage shall be located a minimum of 6.0 metres from the private street that provides vehicle access to the private garage. (ii) Each parking space within a private garage shall have a minimum width of 3.0 metres and a minimum depth of 6.0 metres provided; however, the width may include one interior step and the depth may include two interior steps. (iii) Each surface parking space, not within a private garage or on a driveway shall have a minimum width of 2.6 metres and a minimum depth of 5.3 metres. (iv) No parking lot or parking space shall be permitted within 4.5 metres of a street. (v) The minimum right-of-way width for a private street shall be 6.5 metres. (f) Landscape Area and Private Residential Amenity Area (i) Minimum landscape area requirements — 20 percent (ii) Minimum Private Residential Amenity Area — 4.5 square metres per dwelling unit (iii) Minimum Balcony depth — 1.5 metres (g) Air Conditioners (i) Air conditioner units shall not be located between the front wall of a building or a dwelling and a street. (3) Projections ("MU -MD -2" Zone) (a) Despite Section 5(2)(b)(i), stairs, covered and uncovered porches and platforms, uncovered decks, 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 1.5 metres to any lot line; (b) Despite Sections 5(1) 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 -MD -2" zone use provisions and zone requirements; (c) Section 5.19.2 of By-law 3037, as amended, shall not apply to the lands zoned "MU -MD -2" on Schedule I attached hereto. By-law No. 7710/19 Page 7 6. Provisions ("OS -HL" Zone) (1) Uses Permitted ("OS -HL" Zone) No person shall within the lands zoned "OS -HL" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) Resource Management, including a Stormwater Management Facility 7. Provisions ("NP" Zone) (1) Uses Permitted ("NP" Zone) No person shall within the lands zoned "NP" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) Neighbhourhood Park 8. Restrictions on the Parking and Storage of Vehicles No person shall use any lot for the parking or storage of vehicles except in accordance with the following provisions: (1) Number of Vehicles: (i) A maximum of 2 vehicles, only 1 of which may be a trailer, are permitted to park on a driveway. (2) Size of Vehicles: (i) for those vehicles parked on any driveway, the maximum permissible height is 2.6 metres, and the maximum permissible length is 6.0 metres; (ii) height is measured from the established grade immediately beside the vehicle up to the vehicle's highest point, which excludes lights, antennas and other such items ancillary to the vehicle's body. (3) Location of Vehicles: (i) No part of any yard except a driveway is to be used for the parking or storage of vehicles and no vehicle is to encroach onto any Street or Private Street. (4) Inoperative Vehicles: (i) The parking or storage of an inoperative vehicle is not permitted unless it is entirely within a fully enclosed building or structure. By-law No. 7710/19 Page 8 (5) Construction Vehicles: (i) The parking or storage of a construction vehicle or a commercial vehicle is not permitted, unless it is entirely within a fully enclosed building or structure. (6) Oversize Vehicles: (i) A vehicle that exceeds the maximum permissible vehicle size provisions of Section 8(2), is permitted to park temporarily for the sole purpose of delivering to, servicing or constructing the premises 9. Section 37 Provisions (a) An indexed cash contribution of $260,300.00 to be paid to the City prior to the issuance of site plan approval for the first phase, to be allocated towards a new Village Green within the Draft Plan of Subdivision and/or soccer pitches within the abutting hydro corridor; (b) The cash contribution identified in Section 9(a) of this By-law shall be indexed in accordance with the most current Statistics Canada Non -Residential Construction Price Index reported quarterly by Statistics Canada, calculated from the date of passing of this by-law to the date of payment by the owner; (c) In the event the cash contribution referred to in Section 9(a) of this By-law has not been used for the intended purposes within 3 years of the By-law coming into force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Director, City Development, in consultation with the Ward Councillor(s), provided that the purposes will benefit the community in the vicinity of the lands; (d) Pursuant to Section 37 of the Planning Act, and subject to compliance with this By-law, the increase in density of the development is permitted beyond that otherwise permitted on the subject lands shown on Schedule I to this By-law in return for the provision by the owner, at the owner's expense of the facilities, services and matters set out in Section 5(a) of this By-law and which are secured by one or more agreements pursuant to Subsection 37(3) of the Planning Act that are in a form and registered on title to the lands, to the satisfaction of the City Solicitor; (e) The owner shall not use, or permit the use of, a building or structure erected with an increase in density pursuant to this By-law unless all provisions and obligations in this By-law are met; and (f) Despite Section 5(2)(a) of this By-law, an additional 22 dwelling units are permitted upon execution and registration on title of a Section 37 agreement pursuant to Section 9(d) of this By-law. By-law No. 7710/19 Page 9 10. Model Homes (1) For the purposes of this By-law, "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. (2) A maximum of 2 Block, together with not fewer than 4 parking spaces per Model Home, may be constructed on the lands zoned MU -MD -2 as set out in Schedule I attached to this By-law prior to the division of these lands by registration of a plan of subdivision. 11 By-law 3037 By-law 3037, 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 3037, as amended. 12. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. Note: Oral decision of the Local Planning Appeal Tribunal delivered by Thomas Hodgins on June 12, 2019. Written Decision issued July 31, 2019. m 0 cc Dersan Street / Palmer's Sawmill Road , Block 2 7 3 9 MU -MD -2 Block 1 1111111 11 / Palmer's Sawmill Road Schedule I to By -Law 7710/19 Approval by the Local Planning Appeal Tribunal Oral Decision delivered June 12, 2019 Written Decision Issued July 31, 2019 Brock Road William Jackson Drive T a CD 3m.:�� c o 3m Palmer's Sawmill Road 111111111 Palmers Sawmill Road L 7m �� Brock Road --"-- Building Envelope I Build to Zone Schedule II to By -Law 7710/19 Approval by the Local Planning Appeal Tribunal Oral Decision delivered June 12, 2019 Written Decision Issued July 31, 2019