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HomeMy WebLinkAboutBy-law 7788/20The Corporation of the City of Pickering By-law No. 7788/20 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 6549/05 and By-law 7176/11, to implement the Official Plan of the City of Pickering, Region of Durham, in Part Lot 17, Concession 1, Now Part of Lots 1, 2 arid 3, Plan 40R-11413 in the City of Pickering. (A03/18) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part Lot 17, Concession 1, Now Part Lot 1, 2 and 3, Plan 40R-11413 in the City of Pickering to permit 130 residential condominium townhouse units; 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 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 in Part Lot 17, Concession 1, Now Part of Lots 1, 2 and 3, Plan 40R-11413, in the City of Pickering, designated "RH", "OS", and "OS-HL" on Schedule I to this By-law. 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) "Air Conditioner" means any mechanical equipment which is·required for residential use and must be instaHed outdoors including central air conditioning units, heat pumps, heat exchange units, emergency generators and other such equipment. (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. By-law No. 7788/20 Page 2 (3) "Basement" means a portion of a building below the first storey. (4) "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. (5) "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. (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) "Landscaped Area"shall mean an outdoor area on a lot comprising trees, plants, decorative stonework, retaining walls, walkways, stairs or other landscape or architectural elements, excluding aisles, areas for loading, parking or storing of vehicles, and private park. (8) "Lot'.' means 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 hot such lot constitutes the whole of a lot or block on a registered plan of subdivision. (9) "Multiple Dwelling -Horizontal" shall mean a building containing three or more dwelling units attached horizontally by an above-grade wall or walls. (10) "Parapet Wall" means the portion of an exterior wall extending above the roof. (11) "Park, Private" shall mean a park which is maintained by a condominium corporation. (12) "Porch" means a roofed deck or portico structure attached to the exterior wall of a building, a basement may be located under the porch. (13) "Private 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 landscape area, but which may also include areas of decking, decorative paving or other similar surface and includes a balcony, porch, deck or rooftop terrace and which has direct access from the interior of the dwelling unit. (14) "Private Garage" means an e.nclosed 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. (15) "Rooftop Terrace" means an outdoor amenity area located on the roof of a building. · By-law No. 7788/20 Page 3 (16) (a) "Street" means a right-of-way or roadway that is used by vehicles and includes a public highway and a private street within a condominium. (b) . "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 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. ·· (17) "Wall, Front" means a primary exterior wall of a building, not including permitted projections, which contains the primary entrance door. (18) "Structure" means anything that is erected, built or constructed of parts joined together with a fixed I.ocation on the ground, or attached to something having a fixed location in or on the ground and shall include buildings, waUs or any sign, but does not include fences below six feet in height or inground swimming pools. · (19) "Water Meter Building" means a building or structure thatcontains devices supplied by the Region of .Durham which measures the quantity of water delivered to a property. 5. Provisions ("RH" Zone) . (1) Uses Permitted ("RH" Zone) No person shall, withih the lands zoned "RH" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: a) Multiple-Horizontal Dwelling (2) Zone Requirements ("RH" Zone) No person shall within the lands designated "RH" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: a) Building Location and Setbacks: (i) No building or part of a building, or structure shall be erect.ed outside of the building envelope as illustrated on Schedule II attached hereto; By-law No. 7788/20 Page 4 (ii) No building or portion of a building or structure shall be erected within the build-to-zone, unless a minimum of . 60 percent of the entire length of the build-to-zone is occupied by a portion of the exterior wall of a building; (iii) The minimum 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 10.0 metres; (iv) Minimum sepc:1ration between the exterior side walls of buildings or dwellings, shall be a minimum of 2.4 metres. b) Minimum and Maximum Number of Dwelling Units: (i) Minimum Number of Dwelling Units: (ii) Maximum Number of Dwelling Units: c) Building Height (maximum): 80 units 130 units 13.5 metres d) · Parking Requirements (minimum): (i) 2 parking spaces per dwelling unit plus 0.25 of a parking space per dwelling unit for visitors (ii). No parking lot or parking space permitted within 4.5 metres along a lot line abutting Pickering Parkway · e) Garage Requirements (i) Minimum one private garage per dwelling unit. (ii) For dwelling units less than 6 .. 5 metres in width, vehicular entrance for an enclosed private garage shall be located a minimum of 5.6 metres from a private street that provides vehicular access to th.e private garage. · · (iii) A private garage shall have a minimum width of 2.9 metres and a minimum depth of 5.5 metres provided, however, the. width may include one interior step and the depth may include two interior .steps. (3) Special Regulations (''RH" Zone) . a). Projections such as window silts, chimney breasts, fireplaces, belt courses, cornices, plasters, eaves, eave troughs and other similar architectural features may be permitted outside of the building envelope, provided that no such feature projects outside of the building envelope more than 0.6 of a metre or half the distance, · whichever is less; By-law No. 7788/20 Page 5 b) Porches and associated stairs not exceeding 1.0 metres in height above established grade may encroach a maximum of 0.5 of a metre outside of the building envelope; c) Balconies, decks and associated stairs not exceeding 3.5 metres in height above grade may encroach a maximum of 2.0 metres outside of the building envelope provided they are setback 1.0 metre from a lot line; d) A bay, box or bow window, with or without foundations, having a maximum width of 4.0 metres may encroach outside of the building envelope to a maximum of0.6 of a metre or half the distance, whichever is less; e) Air conditioner units shall hot be located between the front wall of a building or a dwelling and Pickering Parkway; f) The minimum right-of-way width for a private street shall be 6.5 metres; g) Private Amenity Area - a minimum 4.5 square metres per unit; h) Accessory structures such as pergolas, sheds or other similar structures shall not be permitted within the private amenity area, except a mechanical penthouse associated with a rooftop terrace; i) Minimum Landscape area -15 percent; j) Minimum width of a Landscape buffer along south lotline - 1.3 metres; k) Despite provision 5.(1 )(a) 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 "RH" zone use provisions and zone requirements. 6. · Provisions ("OS" Zone) (1) Uses Permitted ("OS" Zone) No person shall, within the lands zoned "OS" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: a) Park, Private (2) · Zone Requirements ("OS" Zone) a) Minimum area of a private park -1,500 square metres. By-law No. 7788/20 Page 6 7. Provisions ("OS-HL" Zone) (1) Uses Permitted ("OS-HL" Zone) No person shall, within the lands zoned "OS-HL" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following:_ a) Preservation and conservation of the natural environment, soil and wildlife b) Resource management, including pedestrian and/or bicycle trails (2) · Zone Requirements ("OS-HL" Zone) a) No buildings or structure.s shall be permitted to be erected nor shall the placing or removal of fill be permitted, except where. buildings or structures are used only for purposes of flood and erosion control_, resource management, or pedestrian and/or bicycle trails. 8. Model Homes (1) A maximum of 2 blocks together with no fewer than 2 parking spaces per Model Home is permitted on lands zoned !'RH" on Schedule I attached hereto. (2) 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. · · 9. By-law 3036 (1). By-law 56549/05 and By-law 7176/11 as they each apply to the area set out in Schedule I attached to th_is By-law, are hereby repealed. (2) 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 Sched_ule I and II 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, as amended. By-law No. 7788/20 10. 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 October, 2020. 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