HomeMy WebLinkAboutMay 9, 2016
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Planning & Development
Committee Agenda
Monday, May 9, 2016
Council Chambers
7:00 pm
Chair: Councillor Cumming
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Information Report No. 05-16 Page 2
3. Previous Proposal
In 2015, the applicant received Site Plan Approval and applied for a building
permit to construct a three-storey commercial building having a total gross floor
area of 3,233 square metres (see Previously Approved Site Plan, Attachment #2).
The applicant has indicated that, notwithstanding their best efforts to market the
site for the past two years, they have been unsuccessful in securing any leases.
As a result, the applicant is requesting a zoning by-law amendment to permit a
·residential development.
4. Applicant's Proposal
The applicant is requesting to delete a provision in the site-specific zoning by-law
that prohibits residential dwelling units on the first two storeys of a building in
order to permit a development that is only residential. The applicant is proposing
a condominium development consisting of 104 stacked back-to-back townhouse
units within 5 multi-unit residential blocks accessed through an internal private
road (see Submitted Concept Plan and Submitted Conceptual Building
Elevations, Attachments #3 and #4).
The residential blocks will be 4-storeys (approximately 14.0 metres in 'height) with
2-storey units stacked on top of 2-storey units. A fenced outdoor amenity area is
proposed for the ground level units and a rooftop amenity area is proposed for
the upper units. Each unit will have an its own entrance at grade. The proposed
plan also illustrates a central outdoor amenity area along with an internal
pedestrian pathway system and a landscape feature on the corner of Brock Road
and William Jackson Drive.
A single level of resident parking is provided below the buildings and visitor parking
will be provided at grade. Resident parking is provided at a ratio of 1 parking
space per dwelling unit for a total of 104 spaces. Visitor parking is provided at a
rate of 0.25 spaces per unit for a total of 27 parking spaces. Vehicular access is
provided through a 6.5 metre wide private road off of Pure Springs Boulevard.
The redevelopment of the site will be subject to site plan approval.
5. Policy Framework
5.1 Regional Official Plan
The subject lands are designated as "Living Areas" with a "Regional Corridor"
overlay in the Durham Regional Official Plan. Lands within this designation are
predominately intended for housing purposes. In addition, limited office
. development and limited retailing of goods and services, in appropriate locations,
as components of mixed use developments, are permitted. In the consideration
of development proposals, regard shall be had to achieving a compact urban
form, including intensive residential, office, retail and service, and mixed uses
along arterial roads, in conjunction with present and potential transit facilities.
Information Report No. 05-16 Page 3
Regional Corridors shall be planned and developed in accordance with the
underlying land use designation, as higher density mixed use areas, supporting
higher orc;ier transit services and pedestrian oriented design. Regional Corridors
are intended to support an overall, long-term density target of at least 60 residential
units per gross hectare and a floor space index (FSI) of 2.5, with a wide variety of
building forms, generally mid-rise in height, with some higher buildings, as
detailed in municipal official plans.
Brock Road is designated as a Type A Arterial Road and a Transit Spine in the
Durham Regional Official Plan. Type A Arterial Roads are designed to carry
large volumes of traffic at moderate to high speeds, have some access
restrictions and generally have a right-of-way width ranging from 36 to 50 metres.
Transit Spines are recognized corridors where higher levels of transit service is to
be encouraged.
The application will be assessed against the policies and provisions of the
Regional Official Plan during the further processing of the application.
5.2 Pickering Official Plan
The subject lands are located within the Duffin Heights Neighbourhood and are
designated "Mixed Use Areas-Mixed Corridors". Mixed Use Areas are
recognized as lands that have or are intended to have the widest variety of uses
and highest levels of activity in the City. The Mixed Corridors designation is
intended primarily for residential, retail, community, cultural and recreational uses
at a scale serving the community and provides for a range of commercial uses
and residential development at a density range of over 30 units up to and
including 140 units per net hectare and a maximum floor space index (FSI) up to
and including 2.5 FSI. The proposed development has a residential density of
123 units per net hectare with a proposed F S I of 1. 3 3. ·
5.2.1 Duffin Heights Neighbourhood Policies
Policies for the Mixed Use Areas-Mixed Corridors designation in this-
neighbourhood require the following: ·
• new development to provide a strong and identifiable urban image by
establishing buildings closer to the street, providing safe and convenient
pedestrian access and requiring all buildings to be multi-storey
• require higher intensity multi-unit housing forms on lands adjacent to
Brock Road and restrict grade related residential development to lands
adjacent to collector or local roads
The subject lands are located at the intersection of Brock Road and William
Jackson Drive, which has been identified as a Focal Point within the Duffin
Heights Neighbourhood. Development within Focal Points is to contribute to the
prominence of the intersection by requiring:
• initial development on each property to occur at the corner of the intersection
• the inclusion of appropriate provisions in the implementing zoning by-law to
address such matters as the location and extent of build-to-zones, mix of
permitted uses, and required building articulation
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Information Report No. 05-16 Page4
• the use of other site development features such as building design, building
material, architectural features or structures, landscaping, public art and
public realm enhancements such as squares or landscaped seating areas to
help achieve focal point prominence, and
• all buildings to be a minimum of three functional storeys with four storey
massing
The Duffin Heights Neighbourhood Policies also require landowners to:
• submit a Functional Servicing and Stormwater Management Report that
demonstrates how the proposal is consistent with the Duffin Heights
Environmental Servicing Plan to the satisfaction of the Region, City and the
Toronto and Region Conservation Authority
• become a party to the cost sharing agreement for Duffin Heights or receive ;:1n
acknowledgement from the Trustee of the Duffin Heights Landowners Group Inc.
that the benefitting landowner has made satisfactory arrangements to pay its
proportion of the shared development cost
The application will be assessed against the policies and provisions of the
Pickering Official Plan during the further processing of the applications.
5.3 Duffin Heights Neighbourhood Development Guidelines
The intent of the Duffin Heights Neighbourhood Development Guidelines is to
further the objectives of the Official Plan and to achieve the following design
objectives for the neighbourhood:
• to create an accessible pedestrian-oriented residential area, distinct in
character and harmonious with the larger neighbourhood ·
• to create a streetscape which is attractive, safe and encourages social
interaction within the neighbourhood
• to establish a central focus to the neighbourhood which is safe, lively and
attractive
• to provide a diversity of uses to support neighbourhood and City functions
The subject lands are delineated as Brock Road Streetscape on the Tertiary
Plan, which encourages higher density, mid-rise and mixed use buildings with a
high l~vel of architectural quality. The Tertiary Plan also identifies the intersection
of Brock Road and William Jackson Drive as a focal point that will require special
design considerations through the use of appropriate building heights, massing,
architectural features and landscaping in order to establish a prominent image at
these intersections.
The key guidelines for lands within the Brock Road Streetscape include the
following:
• higher density, mid-rise and mixed use building shall be encourage along the
Brock Road mixed use corridor
• a high level of architectural quality will be required for the buildings adjacent
to Brock Road and along the collector road fac;ades at the focal point
intersection areas
Information Report No. 05-16 Page 5
• all buildings at a focal point require a minimum of three functional floors and a
minimum four storey massing
• all primary frontages of buildings shall front Brock Road and provide
pedestrian access directly to the sidewalk and trail along Brock Road
The application will be assessed against the Duffin Heights Neighbourhood
Development Guidelines during the further processing of the application.
5.4 Zoning By-law 3037
The subject lands are currently zoned "MU-24"-Mixed Use within Zoning
By-law 3037, as amended, which permits multiple dwelling-vertical units (i.e.,
apartment building, stacked townhouses or stacked back-to-back townhomes)
above the second storey of a building. The by-law also permits a broad range of
commercial/retail uses, such as business and professional office, restaurants,
financial institutions and personal service uses.
The applicant has requested a site specific amendment to delete the provision
prohibiting residential units from the first two storeys of a building in order to
permit the residential only proposal.
6. Comments Received
6.1 Resident Comments
An Open House meeting was held on March 22, 2016 at Pickering City Hall to
allow area residents to learn more about the proposal, as well as review and
comment on the plans that th~ applicant has. submitted. A total of 5 households
were represented at the meeting. The following is a summary of comments and
concerns identified by area residents at the Open House meeting:
• concerned that the location of the proposed vehicular access on Pure Springs
Boulevard will significantly increase traffic on Legian Mews and Pure Springs
Boulevard
lit relocate the proposed vehicular access from Pure Springs Boulevard to
William Jackson Drive
lit should the proposal be approved, consider installing traffic calming measures,
such as speed humps, on Legian Mews
6.2 Agency Comments
Region of Durham
Durham District
School Board
lit as of the writing of this report, no comments or
concerns have been received
• no objections to the proposal
• students generated by this development will attend
existing schools
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Information Report No. 05-16 Page 6
• no objections to the proposal Durham Catholic
School Board • students generated from this proposed
development will attend St. Wilfrid Catholic
Elementary School located at 2360 Southcott Road
and St. Mary Catholic Secondary School located at
1918 Whites Road
6.3 City Departments Comments
Engineering & Public Works
As of the writing of this report, no comments or concerns have been received.
7. Planning & Design Section Comments
The following matters have been identified by staff for further review and
consideration:
• ensuring conformity with the City's Official Plan and Neighbourhood policies
• ensuring the proposal is consistent with the City's urban design goals and
objectives in the Duffin Heights Neighbourhood Development Guidelines
• ensuring that sufficient opportunity is available in the Duffin Heights
Neighbourhood to provide commercial uses to service the residents of this
neighbourhood
• ensuring appropriate site layout, building setbacks, building heights and
massing, landscaped areas, location and size of outdoor amenity area,
location of visitor parking spaces and service areas
• evaluating the appropriateness of relocating the access from Pure Springs
Boulevard to William Jackson Drive
• ensuring that the architectural design of the buildings and the landscaping
along Brock Road and William Jackson is of high quality to create a pedestrian
friendly streetscape and to create a focal point at the corner
• ensuring that adequate resident and visitor parking is provided to support this
development
• ensuring appropriate noise buffering is provided for each private ground level
outdoor amenity space
• ensuring that required technical submissions and reports meet City standards
The City Development Department will conclude its position on the application
after it'has received and assessed comments from the circulated department,
agencies and public.
8. Information Received
Full scale copies of the plans and studies listed below are available for viewing at
the offices of the City of Pickering, City Development Department:
• Planning Rationale Brief, prepared by Bousfields Inc., dated November 30, 2015
• Environmental Noise Assessment, prepared by YCA Engineering Ltd., dated
November 24, 2015
Information Report No. 05-16 Page 7
• Phase One Environmental Assessment, prepared by Soil Engineers Ltd.,
dated _December 4, 2015
• Traffic Impact Study, prepared by Nextrans Engineering, dated
November 16, 2015
• Storm Water Management Report, prepared by Schaeffers Consulting
Engineers, dated November 26, 2015
• Geotechnical Investigation, prepared by Soil Engineers Ltd., dated
January 15, 2016
• Site Concept, prepared by Guthrie Muscovitch Architects, dated
September 16, 2015
9. Procedural Information
9.1 General
• written comments regarding this proposal should be directed to the City
Development Department
• oral comments may be made at the Public Information Meeting
• all comments received will be noted and used as input to a Planning Report
prepared by the City Development Department for a subsequent meeting of
Council or a Committee of Council
• any member of the public who wishes to reserve the option to appeal
Council's decision must provide comments to the City before Council adopts
any by-law for this proposal
• any member of the public who wishes to be notified of Council's decision
regarding this proposal must request such in writing to the City Clerk
10. Owner/Applicant Information
• the principal of Vastor Construction Inc. is Nicolas Fidei and is represented by
Joseph Pavia of Treasure Hill Homes
Attachments
1. Location Map
2. Previously Approved Site Plan
3. Submitted Concept Plan
4. Submitted Conceptual Building Elevations
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APPLICANT: Vastor Construction Inc.
PROPERTY DESCRIPTION: Block 13, 40M-2482 (2585 Brock Road)
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Information Report No. 07-16 Page 2
A full copy of the draft City Centre Zoning By-law is provided as Attachment #2.
The draft City Centre Zoning By-law comprises eight sections, as outlined below.
Section Description
User's Guide Includes the intent of the by-law and how to read and
use the by-law.
1. Administration Legal and transitional clauses, interpretive text, repeal ·
and penalty clauses.
2. General Regulations Regulations related to all zones (for example, public
uses, non-conforming uses, legal non-complying
buildings or structures, accessory buildings and
structures, accessory dwellings, home-based business
and live-work dwellings).
3. Parking & Bicycle Regulations affecting minimum vehicular and bicycle
Regulations parking requirements for residential and non-residential
uses, shared parking formula, requirements for above
and below grade parking structures, minimum loading
requirements, and provisions for parking or storage of
vehicles on a lot.
4. Permitted Uses and New zone categories, use permissions, and zone
Zone Regulations regulations related to building height, floor space index,
setbacks, length of buildings along a street line,
minimum amount of openings and glazing for non-
residential uses at grade, building separation, angular
plane requirements, podium and tower requirements,
and amenity space requirements for residential uses.
5. Definitions Definitions for approximately 150 terms used in the
By--law.
6. Exceptions* Permissions and regulations for a number of existing
developments, including site specific mapping.
7. Holding Provisions All hold provisions and conditions for removing the hold.
8. Zoning Maps New zoning maps including graphical illustration of the
boundaries of the City Centre lands, land use
categories, minimum and maximum building heights,
minimum floor space index, required at grade frontages,
site specific exceptions, and holding provisions
* not prepared for the Draft City Centre Zoning By-law as of the date of the
printing of the report.
Information Report No. 07-16 Page 3
2.1 Background
In 2011, the City initiated a Downtown Intensification Study to set out a Vision for
the future land uses within Downtown Picke(ing, now referred to as the City
Centre. The City began this process to implement the Province of Ontario's
Growth Plan (Places to Grow), which identifies the City Centre as an "Urban
Growth Centre".
In 2013, following an intensive public consultation process, a Vision for the City
Centre was endorsed by Council in a report entitled "Downtown Pickering -A
Vision for Intensification and Framework for Investment". The endorsement of
the report by Council provided the planning basis for an amendment to the
Pickering Official Plan and the preparation of draft urban design guidelines.
On July 14, 2014, Council approved Official Plan Amendment 26 (OPA 26) and
authorized staff to finalize the City Centre Urban Design Guidelines and bring
them back to Council for endorsement. OPA 26 introduced new designations
and policies, and changed existing policies to create a framework for the
redevelopment and intensification of the City Centre. During the subsequent
appeal period, the City received two appeals. OPA 26 was approved with
modifications by the Ontario Municipal Board on March 4, 2015, and is now in full
force and effect.
To implement the policies of OPA 26, the City is now initiating a new standalone
zoning by-law for all the lands within the City Centre and finalizing the City
Centre Urban Design Guidelines.
3. Preliminary Draft Zoning By-Law released to landowners and key agencie~
City staff began working on the Draft City Centre Zoning By-law following the
approval of OPA 26 in July 2015. In October 2015, staff released a preliminary
. draft of the City Centre Zoning By-law to key agencies and landowners who were
involved in the preparation of the Vision Document and OPA 26. City
Development staff held several meetings with landowners in November and
December of 2015 to provide clarification on the proposed zoning by-law and
receive comments.
3.1 Landowner Comments
The following are key comments received from landowners within the City
Centre:
• angular plane requirements should only be applied to sites adjacent to
low-rise residential housing such as detached and semi-detached dwellings,
and should exclude stacked townhouse dwellings
• maximum tower floorplate size should be increased from 750 square metres
to 950 square metres
• the by-law should allow the ability to transfer density to adjacent lands
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Information Report No. 07-16 Page4
• maximum building heights should be indicated in metres only, rather than
prescribing building height in both metres and storeys
• requesting greater range? and flexibility in building heights in certain areas,
particularly at 1885 Glenanna Road and lands south of Highway 401
• greater flexibility should be provided for minimum building separation
• minimum building length and required at grade frontages, related to the
minimum amount of openings and glazing for street-oriented buildings,
should be deleted
• clarification is required related to the location of balconies and patios
• the Natural Heritage System zone, associated with Krosno Creek, is shown
as much larger in area than the conceptual mapping prepared by landowners
south of Highway401
• minimum floor space index requirements should be calculated on the total
land area, including public roads
• stratified parking, below municipal and Regional road allowances, should be
recognized in the zoning by-law
• further clarification is required regarding Holding Provisions related to block
development plans and the conceptual design of Krosrio Creek park
• minimum parking requirements for residential, office and retail uses should
be reduced
• bicycle parking space requirements should be modified or removed, and
dimensions of a bicycle parking space should be deleted
• shared parking ratios for mixed use developments should be revised to
provide shared parking at different times of the day
• clarification regarding the number of landmark buildings permitted on a lot
• site specific exceptions should continue to apply for certain uses, parking
standards, and building locations that were previously approved by the City
3.2 Agency Comments
The following comments on the preliminary draft zoning by-law were received
from key agencies:
3.2.1 Region of Durham
• the long-term intensification and redevelopment of the Urban Growth Centre,
through the implementation of the draft City Centre Zoning By-law, is
consistent with Provincial, "Regional and City Policies
• the draft amendment includes the use of holding provisions to ensure that
appropriate requirements are met prior to permitting new uses on the subject
lands
• Section 1.13 Holding Provisions should be revised to include the
requirements for studies, which address stationary and vehicular noise,
vibration, odour, dust, air quality and site contamination
• the current infrastructure for sanitary sewer and municipal water supply is
insufficient for the maximum densities permitted by the draft amendment, but
improvements to the Region's infrastructure can resolve the system
deficiencies
Information Report No. 07-16 Page 5
• to prevent transportation issues related to parking queuing of vehicles and
pedestrian/vehicle conflicts, the City should consider adding private home
daycare, private school, bed and breakfast and place of worship uses to the
list of prohibited home-based businesses identified in Section 2.9 b)
• consideration should also be given to restricting uses that may not be
compatible with frontage on a major arterial road, such as community centre,
day care centre, park, place of worship, restaurant (with drive-through),
retirement home, and schools (all types); compatibility issues associated with
these uses include pedestrian/vehicle conflict, vehicle drop-off activity, vehicle
queuing and noise impacts
3.2.2 Durham Region Transit
• no concerns
3.2.3 Toronto and Region Conservation Authority (TRCA)
• Pine Creek and Krosno Creek floodplains are very constrained by
development and infrastructure; TRCA recommends that the City undertake a
comprehensive floodplain assessment using Ministry of Natural Resources
and Forestry standards for floodplain modeling to identify opportunities for
floodplain remediation and, where appropriate, a revised natural heritage
sys~em boundary
• a comprehensive evaluation of bridge spans and alignments should be
completed for the new bridge across Pine Creek, and recommends that the
City complete the, appropriate Environmental Assessment to identify the
location and design of the bridge so that flood risks are appropriately
addressed
• the zoning schedules to do not accurately reflect the location of the natural
heritage system and its associated flood and erosion hazards; a complete
natural hazard and natural heritage evaluation must be conducted
3.2.4 Ministry of Transportation (MTO)
• Section 1.7 b) should remain in the final version of the by-law
• some of the lands within the City Centre are within the Ministry of
Transportation's permit control area and future development of these lands
will require Ministry review and approval
• the owner/applicant will require an MTO Building & Land Use Permit for any.
development, entrance, change of entrance use, building or structure within
45 metres of the provincial highway property line or within 395 metres of the
centre point of an intersection or interchange with a provincial highway
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Information Report No. 07-16 Page 6
4. Peer Review of draft City Centre Zoning By-law
MMM Group and SGL Planning & Design Inc. have been retained to peer review
the draft City Centre Zoning By-law, and provide advice and recommendations
on select components of the By-law. MMM Group has provided
recommendations on the proposed minimum vehicle parking and bicycle space
requirements and shared parking ratios. SGL Planning & Design Inc. has
provided recommendations on the Holding Provisions and Zone Regulations,
·specifically with respect to minimum floor plates, angular plane, minimum and
maximum floor space index, minimum and maximum heights related to both
podiums and towers, building setbacks, balcony projections, and building length
and required at grade frontages. ·
City Development staff have met with both MMM Group and SGL Planning &
Design Inc., and have incorporated most of their preliminary recommendations
into the draft City Centre Zoning By-law. Staff are currently reviewing and
evaluating preliminary recommendations on bicycle space requirements, angular
plane, podium heights, and holding provisions. A final report from both
consultants will be submitted to City Development Staff outlining final
recommendations, which will be reviewed and incorporated into the proposed
City Centre Zoning By-law as appropriate.
5. City Centre Urban Design Guidelines
In June 2014, the City Development Department hosted an open house to
receive comments from the public, landowners and local stakeholders on the
draft City Centre Urban Design Guidelines. The draft guidelines provide design
direction for intensification, to guide buildings and private development, as well
as investments in public infrastructure in the City Centre. To ensure consistency
with the recommended City Centre Zoning By-law, the City Centre Urban Design
Guidelines will be brought forward to Council for endorsement along with the
recommended City Centre Zoning By-law.
6. Open House Meeting scheduled for May 2, 2016
City Development staff will be hosting an Open House to be held on
Monday, May 2, 2016 at City Hall. The purpose of the Open House is to allow
residents, businesses and landowners within the City Centre an opportunity to
learn more about the draft City Centre Zoning By-law and to receive their
concerns and comments. Feedback received from the Open House will be used
to assist in preparing the final by-law.
Information Report No. 07-16 Page 7
7. Next Steps
Staff will be reviewing and evaluating the following requirements for inclusion into
the proposed City Centre Zoning By-law:
• provision for a minimum landscaped open space area
• provision for the integration of mechanical penthouses into the top of
buildings
• re-evaluate podium height requirements based on the width of the
adjacent street or private road right-of-way
• re-evaluate provisions for the "Holding" zones based on final
recommendations from SGL Planning & Design Inc. and comments from
TRCA
• consider additional built form standards, such as angular plane
requirements from the top of the podium in order to minimize visual impact
of tall buildings on the street and maximize sun penetration
• recognize site specific exceptions related to minimum building heights, as
permitted in OPA 26
• review various definitions and wording of sections to improve clarity
• include site-specific exceptions that may be required for certain properties
within the City Centre to recognize and maintain existing standards and
permissions;
Staff will continue to work with residents, businesses, landowners and key
agencies to evaluate their concerns and comments, and prepare the final by-law.
City Development Staff anticipate to bring forward a recommended City Centre
Zoning By-law and City Centre Urban Design Guidelines for Council's enactment
and endorsement by late Fall 2016.
8. General
• written comments regarding this proposal should be directed to the City
Development Department
• oral comments may be made at the Public Information Meeting
• all comments received will be noted and used as input to a Planning Report
prepared by the City Development Department for a subsequent meeting of
Council or a Committee of Council
• any member of the public who wishes to reserve the option to appeal
Council's decision must provide comments to the City before Council adopts
any by-law for this proposal
• any member of the public who wishes to be notified of Council's decision
regarding this proposal must request such in writing to the City Clerk
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Attachment# ~ to
Information Report# 01-I b
April 2016
The Corporation of the City of Pickering
Table of Contents
Intent and How to Read and Use This By-law ...................................................................... 1
1.0 Administration ............................................................................................................. 3
1.1 Title ..................................................................................................................... 3
1.2 Application .......................................................................................................... 3
1.3 Purpose .............................................................................................................. 3
1 .4 Repeal of former By-laws .................................................................................... 3
1.5 Effective Date ................................................................................................... 3
1.6 Conformity and Compliance...................................... . ........................... 3
1.7 Administration ................................................. ,. .. : ..... ·· ........................... 4
1.8 Penalties ..................................................... ,.(::<:.:....... . ........................... 4
1.9 Severability ................................................ :.:: .... ······~~ . . ....................... 4
1.10 Establishment of Zones ............................... :.;:}~··:,X?········ .................... 4
1.10.1 Zones ............................................ \.: .. :.:?................ . ..... 4
1.11 ~~~e;~retat~~~~·B·~·~·~·d·~·~i~~·:::::::::::::::::::::::::::·:~~::::\iii/if:::::::::::::: .... · ....... :::::::::::: ~
2.0
1.11.2 Definitions ···························.:::·,,::·,:.:··············:,:.rt:·"'··:······························· 5
1.11.3 Examples and lllustrations·,~t .. ~<::':.::: ................ :,:::.i:; ............................ 5 /'.:~'"•: ·''> >-"-'-,, ,-. :·:. ',· -.· .,". ~---~··> 1.11.4 Reduction of Lot Area QUe To Pupli9:Acquisitiori pr. Conveyance ...... 5
~~ner~,~~~~~~~~~~=~::::::::::::::::::::::::i~·t:::::::;it~¥,l •. ,.~:·;;;:;;;;;::::::·::::::::::::::::::::::::::::: ~
2.2 Public Uses Permitted iq~U Zorjes ... :~·/·1·:: .......... \; .... ::·: ... : ................................... 6
2.3 Linea: Utilities Permitt~};lin'AII Zone?:;!-/·········:·{.:: ............................................. 6
2 4 P tt d E h nts ·. ·;,' • ··.·.··• · · 6 . erm1 e ncroac.~.~. . ............... ;;: .• ~::•-:;.::::C::::·: .............................................. .
2.5 Legal Non-ConformJQQ.M.ses ............. \.;:.·.::~\·f'~: .................................................. 7
2.6 LegaiJ-,g_q·J~omplying j3uildJng or Structures ...................................................... 7
~ig~l~!~l~!~iQ~~;~~~~~~:iJ.;t,~,,"." •• :" ••• "". ": " "" •• " " •• ".:".:" : "" •• :. """": •• : •.• "" .·":":":" : ~
?.'JO · .. Accessory Buildings ~nd Structures .................................................................... 9 <~~~,, ~~;~0~~·~ .~~lli~~;;Jill ::: ::::::::::::: :::::: ::::::::::::::::: :::: ::::: :: :::::::::::::: :::::::::::: ~ ~
2.1 $··,Temporary Sales Qffice .................................................................................... 1 o "'\,"\ .. ".·.·-"· .. ,> -?,, .... 2.14Z:.~:Lbts on Public and~Rrivate Streets .................................................................... 11 ".<: ,.~~~~,·,};',<_ ,o: ,', ~.· >"':> 2.15 Y?h:js.J;l.butting.Q~ylight Triangles ..................................................................... 11
2.16 sate[life;QisH~AI;ltenna ....................................................................................... 11 • 5:::'.:<'<::-··o;·-·.-<>s··;:>) 2.17 A1r COQQI!!PD~rs ................................................................................................ 11
2.18 · Human Ft~Bitation Not Within Main Buildings ................................................... 11
3.0 Parking Regulations .................................................................................................. 12
3.1 Parking Space Requirements ........................................................................... 12
3.2 Rounding Provisions ......................................................................................... 13
3.3 Accessible Parking Requirements .................................................................... 13
3.4 Parking for Multiple Uses on One Lot ............................................................... 13
3.5 Parking Off-Site ................................................................................................. 14
3.6 Size of Parking Spaces and Aisles ................................................................... 14
3.7 Surface Parking Spaces and Lots ..................................................................... 14
City Centre Zoning By-law-Draft April2016 23
Intent and How to Read and Use This By-law
This section does not constitute a legal part of this By-law.
It is the intent of this By-law to implement the goals and objectives of Official Plan
Amendment 26 to create a framework for the redevelopment and intensification of the City
Centre and to promote land uses and built form that are transit-oriented, environmentally
friendly and supportive of mixed use development and walking.
This introduction explains how to read and use this Zoning By-law and is solely for the
purposes of assisting the reader. Readers unfamiliar with zoning by71aws (3.re encouraged to
read this introduction. ·'c<< ' )_ .'-· ·
All properties within the boundaries of this Zoning By-lav{have a zon~ ~ssociated with them ;".< :;-.' -~-· ·. '·'" ·,· .. :> _:·-~:-as shown on the schedules in Section 8. Each zone is sul::>jt:;~:Jtqrequirerr~~-nt~and
restrictions. · · · ' '' '<' ·:: . --:~ >\;-< '·'--{~:~?.~>-~<·,_ ~-:,<;7_' / .. ·-~·-·. . . . . . .. < • / < --~,-;·': ··<> <·"< .; :··-.-. "-.~,---:-·_:.:·· '·.>:>' Section 1 of the Zoning By-law sets out the administration matters including the establishment
and interpretation of zoning boundaries. ., ) >·
/• _. ·.·; ~-'.'.-'
Section 2 sets out a number of general provisions,0hi~h'apply to dev~l()~ii}ent in all zones.
These general provisions address such matte~s"asyard encroachments, legal non-conforming
uses, patios, and live work dwellings among .9!hers. ' <:i}:'{>
Section 3 contains parking regulation.s tB~t apply to'cj~velopm~btin all zones.
:,<·>".
Section 4 sets out the permitted ~s~~and zone reghlatip~§cf()reach zone in a table format. A
wide range of uses is permitted ·fn'~acb of the zones. /l(i~ the intent of this By-law to provide
a broad range of U§~~th~oughouftti~'(}.ity Centre lands.··
Section 5 setsc$.Gf;fh~··~kfig~~:texms:ithin}he Zoning By-law.
/ ''>-··.-:···'./,'> ·-~' -~ /•::•::: ·. .· •··, :··: . < <: ~
SectiorJE[!ihdudes exceptionstbJh~ Zoning By.:law for a number of existing developments
withipJ~E:(City Centre lands. <)r{-·
Sectio~··j.~~}9l:>lishes a series ot/~:brding provisions which clearly outline the necessary
studies, financi131,commitments/a0q Implementation steps that need to be undertaken before
developmenfccir);~Prpceed. II) ~o~e cases, these apply across the City Centre and in other
cases to specific S,itl:ii>. ,::. · ·
Section 8 containsiR~~·~th~~ules, which form part of the Zoning By-law. The schedules
include a graphical illustration of the boundaries of the City Centre Zoning By-law lands, land
use categories and zoning provisions. The schedules also illustrate lands with site specific
exceptions to the Zoning By-law and lands subject to specific holding provisions.
The recommended process to verify the applicable zone provisions for a specific property
within the City Centre lands is to:
a) Verify that the property is located within lands regulated by the City Centre Zoning
By-law, as shown on Schedule 1 -City Centre Lands, in Section 8.
City Centre Zoning By-law-Draft April 2016 1
25
Section 1.0 Draft-April 2016
1.11
1.11.1
1.11.2
Interpretation
Zone Boundaries
a) If the zone boundary is shown in Section 8:
i)
ii)
iii)
iv)
As following a street, lane, railway right-of-way, electric transmission line
right-of-way or watercourse, then the centre line of the street, lane, railway
right-of-way, electric transmission line right-of-way, municipal boundary or
watercourse is the boundary;
As substantially following lot lines shown on a registered plan of
subdivision, then the lot lines are the bouncjary; ·< /<:
As following a planned street or lane a$~QQtiined i6'tHeCity of Pickering's
Official Plan, the future right-of-way, onB~ dete~rtjir)gaJ8rough a
development agreement, is the bound?[)'}pr ·· · <· .;.
As not being in accordance with. the ab6J,~·r.Wo~isions, then' the zorie
boundary shall be scaled from the zonirrg schedules in SectiOnS.)/
b) In addition to the above, if the zone boundarv'sepaf~t~salot into porti~ns, each
portion of the lot shall be used in accordance with theprovi~ions of this By-law
for the applicable zone. // · · • · ··· · ;;;.
,> :' <;~' "'
,-~<~.>
Definitions
a) Throughout this By-law, a11y itali~ized vtofdis defiq~cj jh Section 5 to provide
clarity and ensure that t.ht{E3y-lc:nrJ and its"intentare applied consistently.
b) Where a use is defined/it shall not b~Jnt~rpret~dto include any other defined
use unless it is state~·)nthe definitiontothetontrary.
', 7<''~"' c"J j >.: .. ",>< .-
1.11.3 Exarnpl~s:;i;t"~ciJIIus;tratioll~'·}.'
Any'ii1Ustr~ti~n~:t6'r0ughout tt{isl3:y-law, as well as examples and margin notes, are
.for Clarification and conyenience a11d are not part of this By-law.
·.·.·,<_.·-:,
1.11 A .·>'Reduction of lot Area Due To Public Acquisition or Conveyance .... ·<· ., :; '' ,, ' ~~< Q~spite any other provi§iR:n of this By-law, where, as a result of an acquisition of
'''laQ~>qy a public auth9["ity) such acquisition results in a contravention of this By-law
relatiqg.t? setback~;tf]eil the lands so acquired shall be deemed to continue to
formpa~:ofthe lqtGpon which the building or buildings are located in determining compli'8n6~~witt:l'this By-law.
--.:,<~; .. so:·~-·"::---.·,---<)
City Centre Zoning By-law-Draft April 2016 5
29
Section 2.0 Draft-April2016
2.0 General Regulations
2.1 Prohibited Uses
2.2
2.3
With respect to any l9nds to which this By-law applies, all uses are prohibited
unless specifically permitted in this By-law.
Public Uses Permitted in All Zones
a) Despite anything else in this By-law, the City of PickE?ring or Region of Durham
or any of their local boards as defined in the Municip~(Act, ~ny communications
or transportation system owned or operated by:gr f6(th~ QiJY'of Pickering or
Region of Durham, and any agency of the F;~deral orprovincial Government,
may, for the purposes of public service, us~~aJiy la~d qf~r~¢(9r use any
building or structure in any zone. ·· · .' 2,cJ · · · · ·
b) This exemption for Public Uses in any zone ~h,~I(N?tapply to:<, < .....• ·< ..
i) permit buildings or structures in the Natu<;~fl H~titage •. System (NHS) Zone
except for linear infrastructure and the.LJses othenlvis.epermitted in the NHS
zone; ' ::. ···'·.:~~.··,.
ii) permit any outdoor storage, or;·~ {,V~~t~tf"~n~fy( or wa~m~rocessing facility;
r-:-:-_ >~ -~-· ·,· . <f, ,~"··· ·,
or •. : . t<. · '•}• ,
iii) permit any land or building ~~e.d by J=l.ny local ;$pbool Board, University or
College. / ·~; •. f · · · /. ,· ·
s :·;·~:~~:~;:·-:: /(:,.:·:-.::~< ;{}.,,
Linear Utilities Petmitted in :An Zon~§ <:.:::~~<\:::.~·r·~?>-<<' ;~.:;:~,::: .::, -~.~ .. --:. : < • •• ::
a) Despite anything els~:in'.tbis By-law, a UtilitY company providing services in the
form•Bf::t~te¢Pm111unicaHoh, gas, hydro and cable television and other similar HHiitY~comp~hy>Ynay usf/'abY;·Ipnd or erect or use any building or structure in .·· ahy zone for ffie.:purpose of 'a Hhear utility service.
! /' '···.·'. '~ ._' -. , ,_,_, -. _.' -.. <<--,>
· ·l:)y• This exemption f6i-JiE~.ar utiliti~s :r~ any zone shall not apply to:
_';~; ''.: i) permit buildingsWr)structures in the Natural Heritage System (NHS) Zone
••>i.>r· except for strudures directly related to the linear utility and uses otherwise
· <:;•: .:;( ··.permitted in t~~:~As Zone;
ii) s~rmit any qt.J:f'door storage or works/maintenance yards; or
iii) ~~frl)itapyi~Rd or building to be used for administrative offices, retail
piWf:?§§~~;·:or vehicular or equipment maintenance.
2.4 Permitted Encroachments
No part of any required yard, setback or stepback shall be obstructed except as
follows:
a) Projections such as awnings, canopies, window sills, chimney breasts,
fireplaces, belt courses, cornices, pilasters, eaves, eave troughs and other
similar architectural features may be permitted in any required setback, provided
that no such feature projects into the required setback more than 0.6 metres or
half the distance of the minimum required setback, whichever is less.
30 City Centre Zoning By-law-Draft April2016 6
Section 2.0 Draft-April 2016
b) Any stairs to a porch or uncovered platform and any unenclosed ramp for
wheelchair access may encroach into any required setback provided it is no
closer than 0.3 metres from a lot line.
c) A balcony, porch or uncovered platform may encroach into any required setback
to a maximum of 2.0 metres or half the distance of the minimum required
setback, whichever is less, along any street not identified as a required Active
At-Grade Frontage, shown on Schedule 6.
d) A bay, box or bow window, ·with or without foundation, having a maximum width
of 4.0 metres may encroach into any required setbacktoa maximum of 0.6 metres
or half the distance of the minimum required se.tbackfwhich~ever is less. <'· .:) ·, . . -" . ~--
2.5 Legal Non-Conforming Uses
a) A legal non-conforming use is a use of land,aQd/orPuildi~gth~tJegally existed
on the date this By~law came into effect unde{~b~ f:Jianning At( Tobe,}~gal,
the use must have been permitted on the lal)dS in thezoning by::l~\l)fjhCit was in
effect before this By-law came into effect or ifit was ¢stablished befOre the first
By-law for the City of Pickering or the By-law for the original Township was passed. . '' '/' ~/_-_. . -' .
b) This By-law shall not prevent the us~~6fahYIC1nd, buildingorstructure for any
purpose prohibited by this By-law isGch liind, building or str,u6ture was lawfully
used for such purpose on the d_ayof passipg of:thi§By-law, and provided that
such land, building or structurecontinuE?!:i)!o be u~egf9r that purpose.
/,"; ·;,' :-,:: ,-' -
2.6 Legal Non-Complying Buildiflg or S~aiactures
a) A legal non-complying building or struCtL}re isabui!ding or structure that was
legally erected in a lo¢~tion it was in vit~en this By-law came into effect under
th~/?lanl]fl7g:Apt. To h~/leg(ll, the location of the building or structure must have
b§~h auth6rfied on the land$ in the zoning by-law that was in effect before this c$yLf~w came'i~to~ffect, or i(it\A,(a~ erected before the first by-law for the City of
--Pickering or the by .. _I~W for the original Township was passed.
-:b) A non-complying bLfjldlf1g or structure which existed legally prior to the passing-
"{\ __ of this By-law may b~~nlarged, repaired, renovated or reconstructed provided
that the enlargement,repair, renovation or reconstruction:
'">,-~ ·_c '~ :·~ •. _<,---~ •-; ' .
, D does not furth'er increase the extent of a non-compliance; and
il)\~b~plies yi!)tb~il other applicable provisions of this By-law. "'<~~-D:-~>.:.:>\:,~~~f~~~~~-,<>. ~ ,
\.(•'' <· .. -<:·_·;/
"<<>·>'··<;:''
'< _ ..
City Centre Zoning By-law-Draft April 2016 7
31
Section 2.0 Draft-April 2016
2.7 Legal Non-Complying Lots
A lot which existed legally prior to the effective date of this By-law, that does not
meet the minimum requirements of the applicable Zone, shall be deemed to comply
with this By-law. Such lots may be used and buildings may be erected, enlarged,
repaired or renovated on the lot provided that the use and the buildings or
structures comply with all other provisions of this By-law.
2.8 Accessory Dwelling Unit
2.9
(a) Despite any provision in this By-law to the contrary, ib\?f1Yt9ne that permits a
townhouse dwelling, an accessory dwelling upifis perrnitted within the
/,' ~-.·.... ..... -. ·," ''. ~·....-: ' townhouse dwelling provided: ~:,:' )>::)":'; ,
,--;;_:."-_.-._. ':';.-",! ~' '.·_
i) the maximum floor area of an accessol)/dyvelliqg:!lhit shallb~ one hundred
(1 00) square metres; and · ·· <\> ·/ : · \Pt:: ,
ii) a home-based business is prohibited in e;ith~(d:w~lling unit ora:~vy~llihg
containing an accessory dwelling unit. · .,./ \:><W. . ~'>' '
' ' .. "'~, .-: .-.
'·'<:} :~~:,:;,· ' Home-Based Business /'·>--<-''' <~---~-·:}::':_.
a) A home-based business is permitf~d;~ithin.~'(:f\Ne//ing un;f<t)ib~ided the
home-based business is used ~y>the resi~~pt of{hedwefling unit and the
resident is either a sole proprietc)r; partn~r; sharebblqer; or officer of the
company operating the h{)'J'e-b•Eised f;Jl)~fness, ofari employee WhO uses their
dwelling unit as their Pftnt?ipal place qfbusines,.Bt
b) The following speGificJrses are prohiBit~~ in a:hbme-based business:
i) acjult ~ntertai~lh~h'f:£Jstab/ishme~i;~i;;. > ..
ij) ?·'~f;{ftl~l~?wrling e~t~b/i~qrnent;
.· .. )J}): ~sse;nbJ~ f6'nventioh b~htre or conference hall;
·''\ i~) commerci~Yfitnesslrecr;~ttdhal centre; <,c:~;·f"~ vJ contractor's r&Pq;. . ~~i,~,~~~~~);;~i~::ii~i!,djce;
i~):;~{plgtye of:f{!f[a~ement;
/.J.,' :.:_'-~:"' .; . .::. /, >:~,_:((--.-·
x) pijgfjc; }Jc;dhlwhirlpool;
xi) re}t~~Df~nt;
xii) retail store;
xiii) taxi service;
xiv) vehicle dealership;
xv) vehicle repair facilities;
xvi) veterinary clinic;
xvii) warehousing; and
xviii) wholesaling.
3 2
City Centre Zoning By-law-Draft April 2016 8
Section 2.0 Draft-April 2016
c) In addition, any use which constitutes a nuisance, or any use which is offensive
or obnoxious in any way, including but not limiting the generality of the
foregoing, any use which creates an adverse effect through the generation of
traffic, parking, noise, vibration, dust, fumes, gas, odour, waste, hazardous
waste, emissions, smoke, glare, radiation, electrical interference, or any use
involving the use or .storage of hazardous, toxic, or contaminant substances
which constitutes a threat to public health and safety, or any combination
thereof, is prohibited in a home-based business.
d) The maximum combined floor area that all home-based businesses within one
dwelling unit may occupy is 25 percent of the finisheg'{/oorpcea of that dwelling
unit to a maximum of 50 square metres. . . . . . ., /j
e) No use or activity relating to a home-based,bLJsi~ess,i~ip~rrnitted in a private
garage or accessory building or structure, h9yvey~r,limited sJor~ge relating to a
home-based business is permitted to the extel1ttl1~t it does notpreyentthe
parking of the number of vehicles the private/garag~.or accessof}iql1ild(ng or
structure was designed to accommodate. '.>. '····.• ... ·•. · ·.· ·• ·
f) No outdoor storage or visible display r~lt:~ting to a hofne~bf1sed business is
permitted. · ·. ·· · ·. · · · · ··
g) Customer or client parking is notf~~uired t~ b~provided on.th~ lot.
t" '·~ /' " . ' .. ',' " '
h) External changes or alterations)~quiredjbror r~l~tlhgto a home-based
business which would ch~oge t6e'ovep311.residentiplch~uacter of the dwelling
unit are not permitted .. / > :·> · ·
i) Despite the uses p~ohi~ited in a honfe:·i:Jasep.Buiiness as specified in
Section 2.9 b), the's#lling of products ~.l$~~rnbled or developed on the premises
is a permitt~.duse inaEHt::,me-based business, and the sale and distribution of
CSJ.t?l()gp~.it~m~is a penl11tt~d use in a home-based business provided that no
cah:ilogue ifem.s'~r~ stored onjhe premises.
2.1 0 iA:c~essory B~li~hgs :~c~l;Stru ctu res
C1) Accessory building~{iJ.?.d structures are permitted on a lot where a principal
. · .• ~~f?uilding housing a pri~]cipal permitted use, already exists or is under
.. ,W~.g~gc~~ruction. f.k:.•:
b) Exce.ptas may.pe, provided herein, accessory buildings and structures are only
pennJn~B}9 ~.e, erected in the rear yard and interior side yard.
c) Acce;fi~f,j"p~fldings and structures must be set back a minimum of 1.0 metre
from all /(J[fines except that the setback from the interior side lot line may be
reduced to 0.6 metres if there are no doors or windows on the wall facing the
interior side lot line.
d) No accessory building shall exceed a maximum building height of 3.5 metres
except.
e) The total lot coverage of all accessory buildings shall not exceed 5 percent of
the lot area.
f) Human habitation is not permitted in an accessory building or structure.
City Centre Zoning By-law-Draft April 2016 9
33
Section 3.0 Draft-April 2016
Table 2 -Shared Parking Formula
Type of Use Percentage of Peak Period (Weekday)
Morning Noon Afternoon Evening
Financial Institution/Office/Office, 100 90 95 10
Medical
Food Store/ Personal Service 65 90 90 90
Shop! Retail Store
Restaurant 20 100 30 100
Hotel 70 70 70 100
Residential -Resident 80 55 80 /:,::··. 100 / -'• ·~> ..
Residential -Visitor 20 20 ":. <: 6b./. 100
;'< /'",-i--';~J. '
(>_;, . ' ~
Type of Use Percentage of PeakPeri<>d:(saturd~y) .·
Morning : .. ··· .. ' Noon .·,.· Afternoon Eveni11g
Financial Institution/Office/Office, 10 10 ····· JO ; .. ~'). :
Medical . :r
··.
Food Store/Personal Service 80 1vt<:· ·100 70
Shop! Retail Store / ·.:•><•;: -~:.'·/·:.:" ._
Restaurant 20 . /: 100' ~<~· . 50 . <· 100
Hotel 70 ,:/·:·.· 70 .··•·· .: < . 70 100
. Residential -Resident 90 :{.} 65 :-• '> 90 100 /···,:: ·-;~ /
Residential -Visitor 20·: .. ·. 20> 60 100
·' ~·.: : <·
3.5 Parking Off-Site ... ·.·. {'·
a Re uired ark in 2··g6~~for an us:1~~!R?/h exce tion of townhouse dwellin s q p g p ": ·: '·>. y ' p g
loc.9.!~~-9.ti.[R.~P~rate lots; ni9Y be located on another lot within the lands covered
.R.Y'Jnls·:Byii~Y'f,~Y"b~re a leg;;1C~a.sement or an agreement exists.
,,-~,\')/ . ., ... ,,,_._. ·'--.;·'· ;.::/~;.:<~:}.;;..:;·
3.6 ::cS·i~e of Parki·rl~:$paces<arid Aisles
3.7
<,·;;J(_~;·~) Parking spaces sh.~J"f~~ a minimum of 2.6 metres in width and 5.3 metres in
"•<};(:;'f)ength, exclusive of.~ny land used for access, maneuvering or similar purpose.
·•z.g)~,.',i\i-?.leswithin a par/(Jq~lot shall be a minimum pavement width of 3.8 metres in
'\•~Ic11h}or one-~~yVaffic and a minimum of 6.5 metres in width for two-way
tratft~~~t1.~;5{~0·}::.>' .
Surfaced?arking Spaces and Lots ~c/
a) The following surface parking provisions are required for on-site parking and
access to drive aisles:
i) All surface parking shall be located to the rear or interior side of buildings;
ii) Laneways, drive-aisles and side yard parking shall not exceed 30 percent of
the lot frontage, up to a maximum of 28 metres;
iii) Surface parking shall not be located within 3.0 metres of a lot line abutting a
street line or daylight triangle; and
38
City Centre Zoning By-law-Draft April2016 14
40
Section 3.0 Draft-April 2016
f) Rates:
i) For residential uses with no attached garage: 0.5 spaces per dwelling unit;
ii) For non-residential uses: the greater of 2 or 1.0 parking space for each 500
square metres of gross floor area or portion thereof.
3.10 Restrictions on the Parking and Storage of Vehicles
No person shall use any lot, containing an existing detached dwelling, an existing
semi-detached dwelling or a townhouse dwelling, building or structure for the
parking or storage of vehicles except in accordance witJ;lthe foJlowing provisions:
'-'>):;,··.::: .. ,>-~-.<' --,."
a) Number of Vehicles . /: ".· • · .:'' ·?~
A maximum of four (4) vehicles, only one ofWh.ich mqy~~\ttrailer, are
permitted to park on the driveway. Lt.}y < >> <·(·~; •
b) Size of Vehicles <.:. <. · •··
i) For those vehicles parked on any lot, tMehi·k~hhurn permis~ibi~J}J1ght is
2.6 metres, and the maximum permissible lerigtfl)s 6.7 metres;
ii)
iii)
-, '•
Notwithstanding Section (i), onevetficl~ parked 6f(~9riveway in a side
yard or rear yard can be of a~.~i.ie :tip t<?<@ maximum P$rfuissible height of
3.5 metres, and a maximurn·.pefmissip1e.J~rlgth of B.O.hletres; and
Height is measured from th'~.~stabli~'Heci aracj~ irnmediately beside the
vehicle up to the vehicle's;hlghest~pofnt, whi(;h'•$~tfudes lights, antennas
and other such iterrfsancilfEiry to)he. vehicle's body.
'· ,. " .,.;.. -.--· <,.-. '. -~-· ;._._ ....
) L f f V h. I ; __ -_~·:. ·_::, .{.··~·{~:-~;:. ~-; <o/··,
c oca 10n o e 1c e;:;\: ,,, , .•. :,:.;
No part of any frorit:yafd except a driVE{VI/ay is to be used for the parking or
storag~()fYehicles angno),tehicle is to encroach onto any road allowance.
, -~-~; :?: ~,~~---~ ::_~~ -~:~ ~~~r:~ ~-Y>'?~,~~ \:;._ · ;;·;:_< :-._:·_::-<·:::f:<->,
d) ,1r1gh~rative:Y:ehi91es >.::, •·.··· .·{~fH~ parking .o/,~t~j~ge of ah' Indi:Jerative vehicle is not permitted on any lot
unless it is entirely\viJhin a fully.enclosed building or structure.
, . :;~) Construction Vehi6i.~~;> "~~/~:.· .The parking or stor?g~ of a construction vehicle or a commercial vehicle is not
··<,.;;;p·ermitted, unless jfi{'€mtirely within a fully enclosed building or structure.
"''-<~t .:-,:~"-:.~~:--' <:(:-~·':~~:,;:> f) 'Oversize Vehicles;~~ ''<.3"><<~~:--~<':('. <~~'2ti::)"'' A vebiCie.tnat ¢xceeds the maximum permissible vehicle size provisions of
'C<·,···· '•'<'· /' ' . '/ SectioJ:1~9~::1Q.h), is permitted to park temporarily on a lot for the sole purpose of
delivering)O, servicing or constructing the premises on that lot.
3.11 Loading Standards
a) For every building or structure to be erected, altered, or its use converted to a
commercial use, loading spaces are required in accordance with the following:
i) not permitted within a front yard;
ii) not to be used for the purpose of offering commodities for sale or display;
iii) must provide for the temporary parking of one commercial vehicle;
City Centre Zoning By-law-Draft April 2016 16
Section 4.0 Draft-April 2016
4.0 Permitted Uses and Zone Regulations
4.1 . Permitted Uses
a) The following Table establishes the uses permitted in the City Centre One (CC1),
City Centre Two (CC2), City Centre Residential One (CCR1), City Centre
Residential Two (CCR2), City Centre Civic (CCC), Open Space (OS) and Natural
Heritage System (NHS) Zones.
Table 3 -Permitted Uses
£.
Use Z<>ne <:;;,:.e'; . ':'.
CC1 CC2 CCR1 O¢R2 ceo·· OS NHS
Residential Uses ;k L~</··• :<2·
Accessory Dwelling Unit • • \{~ l' _.;···.···
Apartment Dwelling • . >::> ,· ·l;·:>·. 1\
Live Work Dwelling • (3) . ()i,' ,.· : !·"·.···.···. . ;_;:. I·>
Stacked Dwelling • (3) • . ·.· .• ··•···.··
Townhouse Dwelling, Back-:· i/> . '
• (3) • .: > ··: I···~ to-Back, Block and Street I•(S i,:.
Non-Residential Uses ' > < ':: ·.· •. ·.· . :·
Art Gallery • . I ~):: / ~>· ' :_~.· I > • : .' •.
Assembly, Convention I ·.•
. :f{Y ·. } . ::> . ' /> Centre or Conference Hall / .,.· .. ·.
Commercial Fitness/ . /···~
' .~X~ ,8 ;·(fr··· • Recreational Centre .. ,; \
Community Centre . ..... ,
1 ·:.<?' · .. .··:; '· . .
Community Garden .. " ~;-:: ~:::~,.'; ,:': :,:' :,;:: :/··> ,., / .. .
Day Care Centrf?, • .. --',' ;··<.<::~ 1<'(:• ···~:·:.• • ( 1) _:V"' ' , •
District Energyf.acility ....... ... . ~::. . ..... . · ... .
Dry Cleaning.P.istribution ····· .. , .. I // • (1) . :.(. .
Centre ·-::<x_;~:;.,·)-~' 'i•
Food star~·.:.:}~·. • ·:,. ,. •
Financiallhst/fiJtio.n . /: :• .
Home-Based'Busih~ss ~;:> .. ,. ' 0 . .
Hotel '·:: .;;··<•··.· .. ' ···:..··.··"' i: .
Kiosk •·:~··:·.::•:··. ' ... .
Library . •7:, .···>>• . . . •
Long-Term Care FacilitY •:· ~· • •
Museum . . .
Nightclub •
Office • • • (1)
Office, Medical . •
Park . . . . . •
Parking Structure • .
Personal Service Shop • • • ( 1)
Place of Amusement .
42 City Centre Zoning By-law-Draft April 2016 18
Section 5.0 Draft-April 2016
5.0 Definitions
"Accessory" means a use, building or structure naturally or normally incidental to,
subordinate to or exclusively devoted to a principal use or building or structure and
located on the same lot.
"Active At Grade Frontage" means the ground floor of a building that is designed
with frequent doors and windows and contains uses that promote activity on the
street.
"Adult Entertainment Establishment" means any prer(JI~~s orpart thereof in which
is provided, in pursuance of a trade, calling, busin~s~or 6(£up~tion, live .
entertainment or services appealing to or desigq~~tb app~alfo:$r()tic or sexual
appetites or inclinations, and includes a body ru~j3a.rlour, :· y ·
'~;~:-:>.-. ~. '(,~i·~··<~>>
"Aisle" means an internal vehicle route immediately/CI~jacent to a par_k,ing of)oading
space which provides vehicular access to and fromth~.:park,ing or 1oaaing$jJEice, and
includes a driveway. · · · ·· · · ·
' ',•
"Amenity Space" means the total pas~jy~'gL(;iCtiy~}e~reatloQ:~I:~re~ ~rovided on a
lot for the personal, shared or communal.use of the residents of.a· bu1ldmg or
buildings, and includes balconies, peyt/ps: rooftgp. ga[geps and other similar features,
but does not include indoor laundry p[Jocker.Ja¢ilities:•> ·
<":;:::-: .(.~<':-/ :<: ,' ' '· ,·~:
"Angular Plane" means anyrt1~'ginary flaL~y'fface prqjecting over a lot, at an inclined
angle measured up from the hOrizontal. : ·\. cL(
"Animal Boarding Estabji~ttment" mea~s~~BlJJfdf~g, structure or part thereof,
where do~fand ·cat? and ottl.er~,dqmesticated animals, excluding livestock, are bred,
raiseci, grodriied,: tr~in7d or k~pifor C1 fee on a temporary basis and may include
outdoorfacilities. ·<~<~~·;) · ;: · ·
;;--:·'·:·;; ·, :):,<·:
,·
.<Y'Af~na" means a buildi§~;,()r part thereof, in which the principal facilities provide for
'·< je~reational activities su'¢p.·~s curling, skating, hockey, lacrosse, broomball or other
"<similar athletic activitiesJa.hd which facilities may include dressing rooms, concession ~··· ,·:·s.. y····:··•: . o6gtn~for the provision~ofJood and refreshments, bleachers, equipment for making
artificial jce and other such accessory facilities. '"\,d,~·}i•,,. /'•···~<.).';
"Art Gall~tWI<r.n~aiisa premises used for the exhibition, collection and/or
preservati6rr;o(~6rks of art for public viewing and sale and may include educational
classes. '\.~·/
"Assembly, Convention Centre or Conference Hall" means a building or part
thereof in which permanent or temporary seating is provided for civic, educational,
political, religious or social purposes and may include facilities for the consumption of
food or drink, but not for any commercial purpose.
City Centre Zoning By-law-Draft April 2016
46
22
48
Section 5.0 Draft-April 2016
"Community Centre" means a multi-purpose facility that offers a variety of
programs or a recreational, cultural, day care, social, community service,
informational or instructional in nature.
"Commercial Fitness/Recreational Centre" means a commercial establishment
that has been designed for conduct of sport, athletic and leisure activities such as
squash courts, swimming pools, exercise classes and other similar indoor
recreational facilities are provided and operated for gain or profit, but does not
include an adult entertainment parlour, a casino or place of amusement as defined
herein. ,(\
"Contractor's Yard" means a premises of any g~n~~al 26g:it~qt()/or builder where
equipment and/or materials are stored or where ac;dhtract()tP~rfqrms shop or
assembly work. ;;,·\ <<) · · · · , ;·' >
''"~·
"Coverage" means the proportion of the ground tt96E~fea of all th~:£/pi!dfnqfand
structures on the lot to the lot area expressed as {iperqentage. · . ., e ::'::···.
"Dating/Escort Service" means a servicepcqyiqing compapic)m;hip for and by
individuals for profit or personal gain. ; >;<;}·}>.•) _ · ,·>·~~>-
"Day Care Centre" means: . •. :• . . •.
i) indoor and outdoor premid~~'where'ri)b're t~:t=l~:>t1\/e children are provided
with temporary care and/or'.gulda66(:{for a continuous period but does not
provide overnight a'~co.mmodatiqn.cfmd are'liiensed in accordance with the
applicable ProyitJ,dia/Act; or ·:···.j·:: .•. c:. ;,::~f-·.· ,·
ii) indoor and oufCig'Qr.premises in whi'ch'C:are is offered or supplied on a
r_~g[JJar~c;hedule;·td'adylts for a portion of a day but does not provide
·-·ti ·9y~~fdi~B.f:~~fEmmod~.~gg;
''[)~ylighting Tria~~~~~~ifueans ah'¥re? free of buildings, structures, fences and
redges up to 0.9 metre§oir)height ail'dwhich area is to be determined by measuring,
·:Jrpm the point of intersecifi(jb of street lines on a corner lot, the distance required by
· .this By-law along each si]ch: street line and joining such points with a straight line.
Th~<Jriqngular-shaped laqtfbetween the intersecting street lines and the straight line
joini69-th~ points the r¢qdited distance along the street lines is the daylighting triangle.
·: :;,-.":'~---~~<::/:;~:-<:;;:;:~~-:-<:~:/
"Devel6·~ffi~QtAgf~~ment" means an executed contract between a
developer/p[pp~rtyt:lwner and the City of Pickering that is required in order to
implement diN~Iopment and may include a subdivision agreement, site plan
agreement, or other similar agreements for development.
"District Energy Facility" means a centrally located facility or linked facilities that
generates and distributes thermal energy (steam and/or hot and cold water) to end
users through an underground pipeline distribution system and generates electricity,
including electricity for supply to the grid.
City Centre Zoning By-law -Draft April 2016 24
52
Section 5.0 Draft-April 2016
~:,-'
"Library" means a building or portion of a building containing an organized collection
of information resources that are publicly accessible and provided by the City of
Pickering.
"Loading Space" means an unobstructed area of land which is provided and
maintained upon the same lot or lots upon which the principal use is located and
which area is provided for the temporary parking of one commercial motor vehicle
while merchandise or materials are being loaded or unloaded from such vehicles.
"Long-Term Care Facility" means a premises licensed pljrsuant to Provincial
legislation consisting of assisted living units where apro<;t'~rpn~~.of person care,
support and health services are provided for the e.l~~rly, disaqlea or chronically ill
occupants in a supervised setting, and may inclu'dfone or .. rhore:amenity areas such
as a common dining, lounge, kitchen, and recrea~i~~~l ar~a.· ·. ; :' !/:<
':Lot" means a parcel of land fronting on a street, wt1·~th~?or not occupied by abuilding
or structure. );,!:> <':, .·. ', ··
"Lot Area" means the total horizontal areaofa lot, less ;~~H~rizontal area of any
part of the lot which does not lie within a zb11e irfwhich the prop()sed use is permitted. :::< ····''<·~--. " '·'/ ' ',-· .,·-.. '< --... _: '_
"Lot Coverage" means the total hori~o.nl~l are9C>fth~part of thelot area covered by
all buildings above ground level. ?·. "/). · · .. · .· .......... ,
"Lot, Corner" means a lot situ~ted a'fthe ipi~rsection {){h;J6' or more streets or upon
two parts of the same street haVing an angle df interse(";tion not exceeding 135 degrees .
. -:·, ~-:_· __ ···:·:· . -·,·,•.'-<<" -~~ >':
"Lot Depth" means the:hq/iiontal distanc~·B~t«<§eh' the front and rear lot lines. If the
front and c~wJot{ines are hgfparallel, the !oTdepth shall be measured by a straight
line jo!riQ9<th~}ni(i:pQint of thetr().nt lot line with the mid-point of the rear lot line.
Whetethere.is h0r,fif1r)qt line, the/ptdepth shall be measured by a straight line
joitli.69the mid-pointqftt1efront /otJin~with the apex of the triangle formed by the
./s.fcfe lot lines. '. ·. · ·
,,~<~:·' ·(_;~\:.~;._··~
'<:''.LotFrontage" means tb.e,horizontal distance between the side lot lines of a lot
~meci.?ured at along a line)p~rallel to and 6.0 metres distant from the front lot line.
"-:~,.,-<::: '>~ ~: ... --~·;,<~~~~---
"L~t'tiine~' means a 11h~ delineating any boundary of a lot. ·~:~ ' ./. \ ;/ "Lot Line; E){t~riOrSide" means the side lot line, which separated a lot from the
street adja6~p~:i~:l(
-~(~;~ ;>'
"Lot Line, Front" means the lot line, which separates a lot from the street in front of
it. Where more than one lot line separates a lot from the street, the front lot line shall
be the shorter lot line. Where a lot is a through lot, the lot line abutting the wider
street right-of-way shall be the front lot line.
"Lot Line, Interior Side" means a side lot line, which is not adjacent to a street.
City Centre Zoning By-law-Draft April 2016 28
Section 5.0 Draft.:... April 2016
"Lot Line, Rear" means the lot line opposite to, and most distant from, the front lot
line, but where the side lot lines intersect, as in the case of a triangular lot, the rear lot
line shall be represented by the point of intersection.
"Lot Line, Side" means all lot lines, which join both a front lot line and a rear lot line.
"Lot, Residential" means a lot situated in a residential zone and having a lot
frontage and lot area in accordance with the requirements of the zone in which the
same is situated.
"Lot, Through" means a lot bounded on opposite sides pya stre~t. -::'··. . .-: />'>:,--.. ,.'· ': '<
"Main Wall" means a primary exterior front, rearor/~ide w~ll;6fa,building, not
including permitted projections. :; / ...... ·. · · .... \.
~ v< '-,
"Mixed Use Building" means a form of develop~inf'i:~,which a ~&ilclingJ~ontains
both residential and non-residential uses. }
"Mobile Home" means a prefabricated buiiding that is designed to be made mobile
and is intended to provide permanent resid.eoc8,but does not include any trailer
otherwise defined in this By-law. . > · · · · · ·
"Motor Vehicle". means an automo.bile, motq~sycle.,re:cre.ationalvehicle, trailer, and
any other vehicle propelled, to\,\led ordriven qtherwise tnanby muscular power.
"Museum" means premise,s:.'Gs~d for the ~~hibitiol); pbllection and/or preservation of
objects of cultural, histo;i§~l qr scientific int~t~§t;f~(t:n1blic viewing.
".;.<.~··,, "/\.") ,· '<>-· :-~-'.
"Nightclt,~9?'lJ~?ns a pl~ci{where food or d~i~k may be served, and where the
primary:f~nct18r i~)h~ provisloh()f.theatrical performances, pre-recorded music, or
live)ilu.sical enteHaih!l)~ot, whethe(such music is provided for listening or dancing by
th.e p'atrons, or any com,pination ofthe •. above functions, but does not include a
/restaurant or an adult ehteftainment establishment.
::~'bf:fice" means a buildi~~"~r part thereof, where administrative and clerical functions
an:fc~rried out in the mciri~gement of a business, profession, organization or public
adrriir"iTstration but shall not include a medical office. •r' :, ·>·, •' "<:,-·/::.: ·:· •, . ::< .~·: ,·,·-~-,-_,·
"Office,IYJ.ediC?al'':rf,~~ns premises designed and used for the diagnosis,
examinati6n,:atl.cirnedical, surgical or physiotherapeutic treatment of human patients,
and which m~y include pharmacies and dispensaries, waiting rooms, treatment
rooms and blood testing clinics, but shall not include overnight accommodation for in-
patient care.
"Outdoor Storage" means the occasional or continuous keeping of goods,
inventory, materials or machinery or equipment outside, but does not include
damaged, impounded or inoperable vehicles.
"Park" means a premises used for conservation, horticulture, or municipally
operated public recreation.
City Centre Zoning By-law-Draft April 2016 29
53
56
Section 5.0 Draft-April 2016
"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.
"Shelter" means a building or structure used solely for the purposes of providing
temporary shelter and shall not be used for human habitation.
"Shopping Centre" means one or more buildings forming a complex of shops
representing merchandisers, with interior interconnecting walkways enabling visitors
to walk from unit to unit, along with an associated parking area.
"Step back" means the setting back of the upper storeys of~ base building or of a /'. C· ··:· ,. ·': ...... . tower from the face of a base building fronting a pLJbl(c or jJiiv?te:street.
//''A',·::.·,~-'~·,-' <;:·~;._;.' ~_,·
"Stacking Lane" means an aisle, other than a pk}~,ing E1fsl~·bf~ parking space
which provides standing room for vehicles in a qG~p~,;~Dd withou(limiting th~
generality of the foregoing this may include a queu~}o(adrive-thrdughf?piliff
associated with a restaurant, bank or carwash. << / ••.' · : <<.
"Storey" means that portion of a building otoerthan a ba~~lnent, cellar, or attic,
included between the surface of any floor, ahc;t.th~'surface of theflocx, roof deck or
ridge next above it. ·· " <> >i,
"Storey, First" means the storeywithits floor·Ciosesttq'grade and having its ceiling
more than 1.8 metres above grade. · · :· . ·· .. ··
·~ ./ ' .. ,,-~
"Street" means a public higRWCiy but doe~ ~ot inclljde:fa lane. Where a 0.3 metre
reserve abuts a street, pr'yyb~re a daylightinf]triapgle abuts a street, for the purposes
of determining setbackstb~fstr.eet shall be.deerned to include the 0.3 metre reserve
and/or th~Jf~Yfigqtiog triangl~}Qgwever, nothing herein shall be interpreted as
granting a.~pUbllc~fi'9bt'9faccess"g~~r the 0.3 metre reserve or as an assumption of
the.O:$ metre reserve?~$:? publlt'Highyvay for maintenance purposes under the
Mi/rdclpal Act. <0.1lT. ··>~ :'> ·
~ -:,"· :~ ·~' ', -:o'
<?·.{~'Street Line" means th~'di\/iding line between a lot and a street or private street. ,' ',.·; <<::-~>, . -' ' -,,.,
.''Str~et Private" mean~:V,;j> ·.::· .... l ...
Cif ·.<a right-of-w~0'6( roadway that is used by vehicles and is maintained by a
·.· :: ccm.9om)~i0rn corporation;
b) . ~8:b~~t~0r~ad condominium, which provides access to individual freehold
lois;.(>.
c) a roadway maintained by a corporation to provide vehicular and pedestrian
access to parking lots and individual retail/commercial units;
d) a private right-of-way over private property, that affords access to lots
abutting a private road; but is not maintained by a public body and is not a
lane.
City Centre Zoning By-law-Draft April 2016 32
Section 5.0 Draft-April2016
"Structure" means anything that is erected, built or constructed of parts joined
together with a fixed location on the ground, or attached to something having a fixed
location in or on the ground and shall include buildings, walls or any sign, but does
not include fences below six feet in height or inground swimming pools.
"Tandem Parking Space" means two or more parking spaces abutting each other
end to end with only one having access to an aisle.
"Taxi Service" means the operation of a service providing taxicab motor vehicles
with drivers used for hire for the conveyance of goods and passengers.
"Temporary Sales Office" means a building, structure, facility or trailer on the lot
used for the purpose of the sale of dwelling units t() be er~~tep. on the lot.
"Theatre" means a premises used for the rehears~! or/~erforma~ce pfJhe
performing arts, such as musfc, dance or theatre. <'> · · ,
/"-";
"Tower" means the storeys within that portion of ~/building or structure'd{p~rt
thereof located above the podium.
"Tower Floor Plate" means the floor area of all st()reys within>thafportion of a
building or structure or part thereof located aboxethe poc/ium, measured to the
exterior faces of exterior walls of eachstorey.gfa buik)irfg or.structure .
• ,' ·;~ ·~;-i •• ,·' -,·,. ••
"Uncovered Platform" means an att~ched br:freestanding structure not covered by a
roof. · · ·,:. /i·
. ~<<;~:. ·<:· _> '·. ·.~.··-.. :·>:· ,_;·::~-.-::>::·.>
"Vehicle Dealership" me~b§.sm establishmentengaged in the sale, lease and
display qfrpgtorveflicles. ··· · · · <,: ~-·..• . .
"Vehicl~/~;~~i/¥~~~illties" means. an establishment engaged in repairing of motor
vehicles, service statio~{ repair ga:rage, car washing establishment or gas bar.
'~'\leterinary Clinic" m:~nsa building or part of a building providing the services of a
v~terinarian, and facilities'Jqr the medical treatment, examination, surgery, diagnosis,
grpOming, general health{;are, and observation of domestic animals and birds.
"WarellolJ'sing" or"~pgistics" means the indoor housing or storage of goods,
wares, mt?rcnanqise;Jood-stuffs, substances, articles, or things before wholesale
distribution to a:r~tailer. (.-',"·',,_'
"Waste Tran~f~r Station" means a facility within an enclosed building whose
primary purpose is the collection and storage of waste or hazardous waste for
shipment, and which may include limited sorting or preparation of that waste to
facilitate its shipment for final disposal or to a waste processing station, but does not
include salvage yards or scrap metal yards.
"Wholesaling" means the distribution of goods, wares, merchandise, food-stuffs,
substances, articles, or things, in large quantities, to a business or retailer for eventual
or further distribution, processing, assembly, or retail sale.
City Centre Zoning By-law-Draft April 2016 33
57
66
PICKERING CITY CENTRE ZONING BY-LAW
SCHEDULE 3
LEGEND -Minimum Building Height
~ 1 0.5 metres (3 Functional Floors)
c=J 19.5 metres
[]]]]] 55.0 metres
72
Report PLN 06-16 May 9, 2016
Subject: Steele Valley Developments Limited (A 13/15) Page 2
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed development.
1. Background
1.1 Property Description
The subject property is a commercial site located at the northeast corner of
Kingston Road and Liverpool Road (see Location Map, Attachment #1 ). Steele
Valley occupies the westerly portion of the commercial plaza, known as The Hub
Plaza. Although the plaza appears continuous, Steele Valley does not own the
easterly portion of the plaza (1340 and 1360 Kingston Road). The property is
approximately 1.8 hectares in size and contains two buildings.
Surrounding land uses include: medium density residential consisting of
townhouse condominium developments to the north and to the east across
Glenanna Road; the Pickering Town Centre to the south across Kingston Road;
and commercial buildings to the west across Liverpool Road.
1.2 Applicant's Proposal
The applicant originally requested to add a food store use and a commercial
fitness centre to the list of permitted uses on the subject property. Following the
Public Information Meeting, the applicant amended their proposal to remove the
request to add a commercial fitness centre and only add a food store use (see
Submitted Site Plan, Attachment #2). The request to add a food store use is to
increase the marketab-ility of the site and to re-use a vacant building, previously
occupied by Home Outfitters. At this time, no exterior changes to the buildings,
additions or site changes are being proposed. Should this change, a Site Plan
Application will be required.
2. Comments Received
2.1 Public comments from the October 5, 2015 Public Information Meeting and
written submissions
At the Public Information Meeting, four residents from the adjacent condominium
development to the north attended the meeting expressing a number of concerns
with respect to the additional uses. Specifically, the concerns identified are as
follows:
• other food store uses already exist in the immediate area
• permitting a food store' use would increase food waste and littering, thereby
attracting rodents and other vermin
• the requested commercial fitness centre and food store use would add
additional demand on the shared private water watermain
• increase noise generated from delivery trucks -
• the additional uses will increase public trespassing on residential properties
Report PLN 06-16 May 9, 2016
Subject: Steele Valley Developments Limited (A 13/15) Page 3
2.2 City Departments & Agency Comments
Region of Durham
. Engineering & Public
Works Department
3. Planning Analysis
• the Regional Official Plan designates the subject
property as a "Regional Centre" and recognizes
downtown Pickering (the City Centre) as an Urban
Growth Centre
• the proposal to re-use an existing retail unit within a
retail plaza and expand the list of permitted
commercial uses conforms to the policies and
provisions of the Durham Regional Official Plan
• the Region has reviewed the Traffic and Parking
Brief, prepared by GHD Limited, dated August 2015,
and are satisfied that permitting a food store use
does not present any significant regional
transportation impacts
• no objections to the proposed zoning by-law
amendment application
3.1 The proposal to add a food store use conforms to the policies of the
Pickering Official Plan
Some residents questioned the need for another food store use given that there
are other food stores in the immediate area. The subject property is designated
as "Mixed Use Areas-City Centre", within the City's Official Plan, which
provides for a broad range of uses including, but not limited to, commercial and
retail uses, offices, restaurants and high density residential uses. The requested
additional use conforms to the policies of the Official Plan. A food store use will
complement the existing permitted us~s on the subject lands and provide an
additional commercial use to the service the community.
3.2 Existing waste containers to be relocated away from the residential
condominium development to the north
Residents from the abutting condominium development to the north expressed
concerns with the location of the existing garbage bins, and that permitting a food
store use on the subject lands would increase food waste and littering.
Presently, there are two waste containers along the north property line adjacent
to the residential condominium development to the north. The applicant has
indicated that the existing commercial waste is collected twice a week, and each
commercial tenant is responsible for establishing and executing waste collection
contracts with haulers, and ground litter is collected daily.
73
74
Report PLN 06.:16 May 9, 2016
Subject: Steele Valley Developments Limited (A 13/15) Page 4
To address concerns raised by the residents, the applicant is proposing following
changes:
• remove the existing waste containers along the north property line
• install a waste compactor on the west side of Building A (proposed food
store building)
• all recyclable materials will be stored indoors
• Building A (food store building) will be retrofitted to allow for an internal
chute to an enclosed air-tight food waste/organics container
The proposed changes will significantly improve the existing garbage issues and
minimize any impacts on the abutting residents to the north. Furthermore, the
applicant has advised that the existing garbage bins along the north property line
have been removed.
3.3 A noise attenuation barrier is proposed to mitigate noise from delivery
trucks
To support the proposed food store use, the applicant submitted a Stationary
Noise Impact Study to address concerns with respect to noise generated by
refrigerated delivery vehicles and new rooftop HVAC mechanical units. The
submitted study identified refrigeration units of delivery trucks parked at the
loading area as a source of noise. The study recommended the installation of a
6.0 metre high barrier wall extending not less than 22 metres from the existing
loading bay wall in order to reduce the noise impact from parked refrigerated
delivery trucks.
To ensure the noise attenuation wall is constructed prior to a food store use
occupying the vacant commercial building (Building B), staff are
recommending that an "(H)" Holding Symbol will be placed on the subject lands.
The "(H)" Holding Symbol will be removed by City Council once the applicant has
obtained site plan approval to construct a noise barrier along the existing loading
area.
3.4 The existing shared private watermain has sufficient capacity and pressure
to accommodate the water demands for the proposed food store use
Residents from the condominium development to the north also expressed
concern that the proposed uses would add additional demand on the shared
private water watermain.
The subject lands are serviced by a shared private watermain. The existing
private water service currently provides potable and fire protection water services
to two commercial properties (1300 and 1340 Kingston Road), and a residential
condominium development (1331 Glenanna Road). The shared watermain
easement agreement for service/maintenance/repairs is a private agreement
between lands owners, and not the Region or the City.
Report PLN 06-16 May 9, 2016
Subject: Steele Valley Developments Limited (A 13/15) Page 5
To address this concern, the applicant has submitted a Water Supply Opinion
Letter, prepared by professional· engineer. The consultant reviewed the current
domestic water demand, compared the proposed new consumption of a food
store use, and provided a professional opinion as to the watermains capability to
accommodate the proposed change of use. The consultant concluded that the
increase in domestic demand to the water service from a grocery store will not
significantly impact the level of service currently provided by the existing
watermain. The consultant also noted that the owners of the private water
service are actively finalizing the terms of a cost sharing agreement, which will
include the maintenance and replacement, if necessary, of the private water
service. Engineering & Public Works staff have reviewed this letter and concur
with the recommendations.
3.5 Sufficient parking supply'is available on-site to support the additional uses
Parking for the subject property is provided at a rate of 5 parking spaces per
100 square metres of gross leasable floor area (GLA). Based on.this parking
ratio, a total of 238 spaces are required to be provided on the property, whereas
the approved site plan, dated March 29, 2001, provides for a total of 246 spaces.
The applicant submitted a Traffic and Parking Brief, prepared by GHD Limited,
dated August 2015, in support of the rezoning application. A parking assessment
was completed for the entire Hub Plaza, given that the parking area is shared by
the landowners. Based on a survey of the existing on-site parking supply, a total
of 550 spaces are currently available to serve the parking requirements for the
entire plaza. The consultant also indicated that the inclusion of a food store as a
permitted use to replace the building occupied by Home Outfitters can be
accommodated by the existing road network without any impact. City staff have
reviewed this study and are satisfied that the addition of a food store use and a
commercial fitness centre will not impact the functionality of the Hub Plaza.
3.6 Staff support the proposal and recommend that a zoning by-law be
finalized and forwarded to Council for enactment
The applicant's request to permit a food store, complies with policies of the
Pickering Official Plan, and will complement the existing uses permitted on the
subject lands. Staff supports the application and recommends that the site
specific amending by-law as set out in Appendix I, be approved and forwarded to
Council for enactment.
75
Draft Zoning By-law
Appendix I to
Report PLN 06-16
77
78
By-la
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, in Part of Blocks A and B, Plan M-998, and
PartofLot22, Concession 1, Parts 1 to 5, 12, 18to 23, 40R-8184
(A 13/15)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Part of Blocks A and B, Plan M-998, and Part of Lot 22,
Concession 1, Parts 1 to 5, 12, 18 to 23, 40R-8184, in the City of Pickering to add a
food store use to the list of permitted uses on the subject lands;
And whereas an amendment to By-law 3036, as amended by By-law 1612/83,
By~law 3476/90, By-law 5219/98, and By-law 5746/00, is therefore deemed necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1 . Area Restricted
The provisions of this By-law shall apply to those lands in Part of Blocks A and B,
Plan M-998, and Part of Lot 22, Concession 1, Parts 1 to 5, 12, 18 to 23,
AOR-8184, in the City of Pickering.
2. Schedules I and II
Schedules I and II to By-law 1612/83, as amended by By-law 3476/90,
By-law 5219/98 and By-law 57 46/00, is hereby further amended by replacing the
zone designation with "(H) C9", as shown Schedules I and II attached hereto.
3. Text Amendment
1. Section 4. Definitions, of By-law 3036, as amended by By-law 1612/83,
By-law 3476/90, By-law 5219/98, is hereby amended by renumbering and
re-alphabetizing this subsection in order to incorporate the new definition as
follows:
(7) "Food Store" shall mean a building or part of a building in which food,
produce and other items or merchandise of day-to-day household
necessity are stored, offered or kept for retail sale to the public.
2. Section 5. (1) Uses Permitted ("C9") of By-law 3036, as amended by
By-law 1612/83, By-law 3476/90, By-law 5219/98, is hereby amended by
re-alphabetizing this subsection in order to incorporate an additional
permitted use:
(f) ·food store
II
II
I I