HomeMy WebLinkAboutBy-law 7859/21The Corporation of the City of Pickering
By-law No. 7859/21
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, Part Lot 6, Plan 585, Now Pt 11, Plan 40R-2633, City of Pickering (A 02/19)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Part Lot 6, Plan 585, Now Pt 11, Plan 40R-2633, in
the City of Pickering to permit the development of a condominium development consisting of 30 stacked townhouse units accessed from a private road;
And whereas an amendment to By-law 3037, as amended by By-law 6577/05, 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 thereonare 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 6, Plan 585,Now Pt 11, Plan 40R-2633 in the City of Pickering, designated “MU-30” and“OS-HL” 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)“Air Conditioner” means any mechanical equipment which is required for
residential domestic use and which must be installed outdoors includingcentral air conditioning units, heat pumps, heat exchange units,emergency generators and other such equipments.
By-law No. 7859/21 Page 2
(2)“Amenity Area” means an outdoor area located anywhere on a lot, or theroof of a parking structure, private garage or any other building whichincludes landscape 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.
(3)“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.
(4)“Basement” means a portion of a building below the first storey.
(5)“Bay, Bow, Box Window” means a window that protrudes from the mainwall, usually bowed, canted, polygonal, segmental, semicircular or squaresided 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 awindow seat; and may include a door.
(6)“Building” means a structure occupying an area greater than 10 squaremetres and consisting of any combination of walls, roof and floor but shallnot include a mobile home.
(7)(a) “Dwelling Unit” means a residential unit that:
(i)consists of a self-contained set of rooms located in a buildingor 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.
(b) “Dwelling, Stacked” means a residential use building of four or fewerstoreys in height containing three or more principal dwelling unitswhere the units are divided horizontally and vertically, and in which
each dwelling unit has an independent entrance to the interior.
(8)“Grade” or “Established Grade” means the average elevation of thefinished level of the ground adjoining all exterior walls of a building.
(9)“Height” means the vertical distance between the established grade, andin 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 agabled, hip or gambrel roof, the mean height level between eaves andridge. When the regulation establishes height in storeys, means thenumber of storeys. The height requirements of this By-law shall not applyto roof top mechanical penthouses.
By-law No. 7859/21 Page 3
(10)“Lands, Subject” means the lands subject of this by-law.
(11)“Lane” means a thoroughfare not intended for general traffic circulationthat 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 condominiumcorporation as a private road condominium or by a government authority.
(12)(a) “Lot” means an area of land fronting on a street which is used orintended 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, Corner” means a lot situated at the intersection of two or more
streets or upon two parts of the same street having an angle ofintersection not exceeding 135 degrees;
(c)“Lot, Through” means a lot bounded on opposite sides by a street.
(13)“Parapet Wall” means the portion of an exterior wall extending above the roof.
(14)“Porch” means a roofed deck or portico structure attached to the exterior
wall of a building. A basement may be located under the porch.
(15)“Premises” means the whole or part of lands, buildings or structures, orany combination of these.
(16)“Primary Entrance Door” means the principal entrance by which theresident enters or exits a dwelling unit.
(17)“Private garage” means an enclosed or partially enclosed structure for thestorage of one or more vehicles, in which structure no business or serviceis conducted for profit or otherwise.
(18)“Storey, First” means the storey with its floor closest to grade and havingits ceiling more than 1.8 metres above grade.
(19)(a) “Street” means a public highway but does not include a lane. Wherea 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.
By-law No. 7859/21 Page 4
(b) “Street, Private” means:
(i) a right-of-way or roadway that is used by vehicles and ismaintained 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 andpedestrian access to parking lots and individualretail/commercial units;
(iv)a private right-of-way over private property, that affords accessto lots abutting a private road; but is not maintained by a publicbody and is not a lane.
(20)“Water Meter Building” means a building or structure that contains devicessupplied by the Region of Durham which measures the quality of water
delivered to a property.
5.Provisions (“MU-30” Zone)
(1)Uses Permitted (“MU-30” Zone)
(a)No person shall within the lands zoned “MU-30” on Schedule I tothis By-law, use any lot or erect, alter, or use any building or
structure for any purpose except the following:
(i)Dwelling, Stacked
(2)Zone Requirements (“MU-30” Zone)
No person shall within the lands zoned “MU-30” on Schedule I to thisBy-law, 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 erectedoutside of the building envelope as illustrated on Schedule IIattached hereto;
(ii)No building or portion of a building or structure shall beerected unless a minimum of 60 percent of the length of thebuild-to-zone along the Brock Road frontage contains abuilding or part of a building;
(iii)Minimum separation between buildings:3.0 metres
(b)Building Height (maximum):13.0 metres
By-law No. 7859/21 Page 5
(c)Parking Requirements (minimum):
(i)Stacked Dwelling:2.0 parking spaces per dwelling unit plus 0.2 of a parking space per
dwelling unit for visitors
(d)Garage Requirements:
(i)Stacked Dwelling:Any vehicular entrance for an enclosed private garage shall be located a minimum of 6 metres from
the private street that provides vehicle access to the private garage.
(e)Interior Garage Size (minimum):
(i)Stacked Dwelling:Each parking space within a private garage for stacked dwelling units shall
have a minimum width of 2.7 metres and a minimum depth of 6.0 metres; however, the width may include 1 interior step and the depth may include 2 interior steps.
(3)Special Provisions (“MU-30” Zone)
(a)Despite Section 5.(2)(a)(i) of this By-law, architectural projectionsincluding balconies, covered porches, platforms and awnings,retaining walls, window sills, chimney breasts, fireplaces, beltcourses, cornices, pilasters, eaves, eave troughs and other similar
architectural features may project outside the building envelopeidentified on Schedule II of this By-law, to a maximum of 2.5 metresfrom the main wall of the building, and uncovered steps may projectoutside the required building envelope to the lot line.
(b)The minimum pavement width for a private street shall be6.5 metres.
(c) Air conditioners shall not be located any closer than 0.6 metres tothe building envelope and shall not be located on any easement infavour of the City.
(d)Amenity Area (minimum) - 14.0 square metres per dwelling unit
(e)Despite the provisions of Section 5.6 of By-law 3037, as amended,
the requirement for the frontage on a public street shall be satisfiedby establishing frontage on a private street.
By-law No. 7859/21 Page 6
(f)Despite provision 5.(1)(a) and 5.(2) of this By-law, a water meterbuilding required by the Region of Durham for the purpose ofmeasuring the quantity of water delivered shall be exempt from the
“MU-30” zone use provisions and zone requirements.
(g)Clauses 5.19.2(a), 5.19.2(b), 5.19.2(d), 5.19.2(e), 5.19.2(f),5.19.2(g), and 5.19.2(k) of By-law 3037, as amended, shall notapply.
6.Restrictions on the Parking and Storage of Vehicles
No person shall use any lot for the parking or storage of vehicles except inaccordance with the following provisions:
(1)Number of Vehicles:
A maximum of 4 vehicles, only 1 of which may be a trailer, are permittedto park on a driveway.
(2)Size of Vehicles:
(a)for those vehicles parked on any lot, the maximum permissibleheight is 2.6 metres, and the maximum permissible length is6.7 metres;
(b)notwithstanding Section (a) above, 1 vehicle parked on a driveway
in a side yard or rear yard can be of a size up to a maximumpermissible height of 3.5 metres, and a maximum permissiblelength of 8.0 metres; and
(c)height is measured from the established grade immediately besidethe 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:
No part of any front yard except a driveway is to be used for the parking orstorage of vehicles and no vehicle is to encroach onto any road allowance.
(4)Inoperative Vehicles:
The parking or storage of an inoperative vehicle is not permitted on any lotunless it is entirely within a fully enclosed building or structure.
(5)Construction Vehicles:
The parking or storage of a construction vehicle or a commercial vehicle isnot permitted, unless it is entirely within a fully enclosed building or structure.
By-law No. 7859/21 Page 7
(6)Oversize Vehicles:
A vehicle that exceeds the maximum permissible vehicle size provisions ofSection 7.(2), is permitted to park temporarily on a lot for the sole purpose
of delivering to, servicing or constructing the premises on that lot.
7.Provisions (“OS-HL” Zone)
(1)Uses Permitted (“OS-HL” Zone)
No person shall within the lands zoned “OS-HL” on Schedule I to thisBy-law, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(i)preservation and conservation of the natural environment, soil andwildlife;(ii)resource management;(iii)pedestrian and walkways.
(2)Zone Requirements (“OS-HL” Zone)
No buildings or structures shall be permitted to be erected, nor shall theplacing or removal of fill be permitted, expect where buildings or structuresare used only for the purposes of flood and erosion control, resourcemanagement, or pedestrian trail and walkway purposes.
8.Model Homes
(1)Notwithstanding any provisions in By-law 3037 to the contrary, amaximum 1 block, together with not fewer than two parking spaces perModel Home, may be constructed on the lands set out in Schedule Iattached to this By-law prior to the division of these lands by registration of
a plan of subdivision;
(2)For the purpose of this By-law, “Model Home” shall mean a dwelling unitwhich is not used for residential purposes, but which is used exclusivelyfor sales, display and marketing purposes pursuant to an agreement withthe City of Pickering.
9.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 Schedules I and II 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.
By-law No. 7859/21 Page 8
10.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.
___________________________________ David Ryan, Mayor
___________________________________ Susan Cassel, City Clerk
Original Signed By:
Original Signed By:
Brock RoadGenerra MewsBoston GlenAdirondack ChaseGarrison CrossingPure Springs BoulevardClerk
Mayor
i
N7859/21Schedule I to By-Law Passed This 28th
Day of June 2021
OS-HL
MU-30
126.3m
23.0m22.8m127.8m16.0m
18.0m
22.9m23.1mOriginal Signed By:
Original Signed By:
Brock RoadClerk
Mayor
Schedule II to By-LawPassed ThisDay of
i
N7859/2128th
June 2021
3.0m
13.0m
3.0m
Future Road Edge
BuildingEnvelope
Build To Zone
6.0m
126.3m
127.8m
4.0m
3.0m
2.0m
1.5m
Original Signed By:
Original Signed By: