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Home My WebLink AboutBy-law 7858/21The Corporation of the City of Pickering By-law No. 7858/21 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, being Part of Lot 18, Concession 3, Part 2, 40R-6962, City of Pickering (A 14/18) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lot 18, Concession 3, Part 2, 40R-6962, in the City of Pickering to permit an apartment building; And whereas an amendment to Zoning By-law 3037, as amended by By-law 1469/82, 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 being Part of Lot 18,Concession 3, Part 2, 40R-6962, in the City of Pickering, designated “RMII-4” on Schedule I to this By-law. 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 ofthis By-law. 4.Definitions In this By-law, (1)“Amenity Space” means the total passive or active recreational areaprovided on a lot for the personal, shared or communal use of theresidents of a building or buildings, and includes balconies, patios, rooftop gardens and other similar features, but does not include indoor laundry or locker facilities. (2)“Balcony” means an attached covered or uncovered platform projectingfrom the face of an exterior wall, including above a porch, which is onlydirectly accessible from within a building, usually surrounded by a balustrade or railing, and does not have direct exterior access to grade. By-law No. 7858/21 Page 2 (3) “Building, Apartment” shall mean a building containing more than four dwelling units where the units are connected by an interior corridor. (4) “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. (5) 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 a mobile home or any vehicle. (6) “Floor Space Index” means the total gross floor area of all buildings on a lot divided by the total area of the lot on which the building is located, excluding any portion of the building located below grade, such as parking structures. (7) “Grade” or “Established Grade” means the average elevation of the finished level of the ground adjoining all exterior walls of a building. (8) “Parapet Wall” means the portion of an exterior wall extending above the roof. (9) “Park, Private” means a park which is maintained by a condominium corporation. (10) “Parking Space, Bicycle” means an area used exclusively for parking or storing a bicycle. (11) “Parking Structure” means a building or portion thereof, containing one or more parking spaces. (12) “Setback” means the distance between a building and a lot line. In calculating the setback the horizontal distance from the respective lot line shall be used. 5. Provisions (1) Uses Permitted (“RMII-4” Zone) No person shall within the lands zoned “RMII-4” on Schedule I to this By-law, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) Apartment Building By-law No. 7858/21 Page 3 (2) Zone Requirements (“RMII-4” Zone) No person shall within the lands zoned “RMII-4” on Schedule I to this By-law, use any lot or erect, alter, or use any building except in accordance with the following provisions: (a) Number of Dwelling Units: (i) Minimum number of dwelling units: 10 units (ii) Maximum number of dwelling units: 44 units (b) Building Height: (i) Minimum building height: 8.0 metres (4-storeys) (ii) Maximum building height: 22.0 metres (6-storeys) (3) Building Location and Setbacks: (a) No building or part of a building, or structure shall be erected outside of the building envelope as illustrated on Schedule II attached hereto. (b) No building, or portion of a building, or structure shall be erected within the building envelope, unless a minimum of 80 percent of the length of the build-to-zone, as illustrated on Schedule II attached hereto, contains a building or part of a building. (c) A below grade parking structure shall be permitted beyond the limits of the building envelope as identified on Schedule II attached hereto, but no closer than 0.3 of a metre from all lot lines. (d) Architectural projections including roof overhang, eaves, canopies, balconies, awnings and other similar features shall be permitted to extend a maximum of 2.0 metres beyond the building envelope as identified on Schedule II attached hereto. (e) Despite Section 3(d) above, outdoor amenity area for the dwelling units on the first floor shall be permitted to extend to a maximum of 5.0 metres beyond the building envelope as identified on Schedule II attached hereto. (4) Vehicular Parking Requirements: (a) Parking Requirements for Apartment Building: (i) Minimum 1.0 parking space per dwelling unit (ii) Minimum 1.75 parking space per 2-storey dwelling unit (iii) Minimum 0.20 of a parking space per dwelling unit for visitors By-law No. 7858/21 Page 4 (b) All resident parking spaces shall be provided within a below grade parking structure. (c) A parking lot shall not be permitted between a building and a street line abutting Brock Road. (5) Bicycle Parking Requirements: (a) Minimum number of bicycle parking spaces: 0.5 of a space per dwelling unit. (b) A maximum of 50 percent of the required bicycle parking spaces may be vertical spaces; the rest of the required spaces must be horizontal spaces. (d) Where four or more bicycle parking spaces are provided in a common parking area, each space must contain a parking rack that is securely anchored to the ground and attached to a heavy base such as concrete. (e) Dimensions: (i) if located in a horizontal position (on the ground): a minimum length of 1.8 metres and a minimum width of 0.6 metres (ii) if located in a vertical position (on the wall): a minimum length of 1.5 metres and a minimum width of 0.5 metres (6) Balcony Requirements: (a) Minimum Balcony Area: 6.0 square metres (b) Minimum Balcony Depth: 1.5 metres (c) Despite (6)(a) above, minimum private outdoor amenity area for dwelling units on the first floor: 20 square metres (7) Indoor Amenity Area and Private Park: (a) Minimum indoor amenity area per dwelling unit: 2.0 square metres (b) Minimum area of a Private Park: 200 square metres (8) Rooftop Mechanical Equipment and Mechanical Penthouses: (a) Rooftop mechanical equipment, including any appurtenances thereto, that exceed a maximum height of 2.0 metres shall be fully enclosed within a mechanical penthouse. (b) Rooftop mechanical equipment shall be setback a minimum of 5.0 metres from all edges of a roof. By-law No. 7858/21 Page 5 (c) Notwithstanding 5(8)(b) above, no setback is required if rooftop mechanical equipment is fully enclosed within a mechanical penthouse or screened by an architectural feature. (9) Special Provisions: (a) Air conditioner units shall not be located between the front wall of a building or a dwelling and Brock Road. (b) Waste shall be stored within a fully enclosed building, structure or partially in-ground structure and shall not be located between a building and a street line. (c) Sections 5.19.2 of By-law 3037, as amended, shall not apply to the lands zoned “RMII-4” on Schedule I attached to this By-law. 6. Restrictions on 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) Size of Vehicles: (a) For those vehicles parked on any parking lot, the maximum permissible height is 2.6 metres, and the maximum permissible length is 6.0 metres. (b) 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. (2) Location of Vehicles: (a) The parking of any vehicle outdoors is only permitted within a parking lot, no vehicle is to encroach onto any Street or Private Street. (3) Inoperative Vehicles: (a) The parking or storage of any inoperative vehicle is not permitted unless it is entirely within a fully enclosed building or structure. (4) Construction Vehicles: (a) 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. (5) Oversize Vehicles: (a) A vehicle that exceeds the maximum permissible vehicle size provisions of Section 6(1) is permitted to park temporality for the sole purpose of delivering, to servicing or constructing the premises. By-law No. 7858/21 Page 6 7.By-law 3037 By-law 3037, as amended, is hereby further amended only to the extentnecessary to give effect to the provisions of this By-law as it applies to the areaset out in Schedule I attached to this By-law. Definitions and subject matters notspecifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 8.Effective Date This By-law shall come into force in accordance with the provisions of thePlanning Act. By-law passed this 28th day of June, 2021. Original Signed By:___________________________________ David Ryan, Mayor Original Signed By:___________________________________ Susan Cassel, City Clerk RMII-4 Brock RoadWi l l iam Jackson Dr ive Rex Heath DriveZents Drive Carousel DriveTally Street Carousel Mews Clerk Mayor i NSchedule I to By-Law 7858/21 Passed This 28th Day of June 2021 61.0m55.3m 48.5m 61.3mOriginal Signed By: Original Signed By: Brock RoadCarousel DriveClerk Mayor Schedule II to By-LawPassed This 28thDay of June 2021 i N7858/21 22.0m4.0m 8.0m Building Envelope Build To Zone 14.0m 8.0m 4.0m Original Signed By: Original Signed By: