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Home My WebLink AboutApril 11, 2017 Council Agenda Tuesday, April 11, 2017 Council Chambers 7:00 pm For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928. lroberts@pickering.ca Anything highlighted denotes an attachment or link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To manoeuver back to the agenda page use the Ctrl + Home keys simultaneously, or use the “bookmark” icon to the left of your screen to navigate from one report to the next. --Cdff of-- PJCKERJNG Present: Mayor Ryan Councillors: K. Ashe M. Brenner S. Butt I. Cumming B. Mclean D. Pickles Also Present: -Chief Administrative Officer -Director, City Development & CBO Council Meeting Minutes March 13, 2017 7:00 pm -Council Chambers T. Prevedel K. Bentley P. Bigioni J. Hagg -Director, Corporate Services & City Solicitor R. Holborn B. Duffield D. Shields J. Halsall L. Harker -Fire Chief -Director, Engineering Services -Division Head, Operations -City Clerk -Manager, Budgets & Internal Audit -Deputy Clerk (I) Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (II) Disclosure of Interest There were no disclosures of interest noted. (Ill} Adoption of Minutes Resolution #271/17 Moved by Councillor Brenner Seconded by Councillor Cumming Council Meeting Minutes, February 27, 2017 Executive Committee Minutes, March 6, 2017 Planning & Development Committee Minutes, March 6, 2017 1 Carried 1 2 -C~of PlCKERlNG (IV} Presentations Council Meeting Minutes March 13, 2017 7:00 pm -Council Chambers Kris-John Kucharik, Canadian Cancer Society, appeared before Council to thank the City of Pickering for their ongoing support and for proclamining April as Daffodil Month. He provided an overview of the impact of this campaign, and noted that the daffodil symbolizes hope, strength and courage. Mr. Kucharik invited MP Jennifer O'Connell and Members of Council to be pinned with daffodil pins. · (V} Delegations MP Jennifer O'Connell appeared before Council to provide an update on Federal funding support for City of Pickering projects. MP O'Connell noted that to date in 2017, the City has received just under $200,000 in funding and provided an overview of the various funding and projects that are being supported such as the Canada 150 Grant and Enabling Accessibility Funding. A brief question and answer period ensued regarding various funding opportunities. (VI} Committee Reports Report EC 2017-02 of the Executive Committee 1. Director, Community Services, Report CS 03-17 Renaming of the Claremont Memorial Park -Notice of Motion Council Decision 1. That Council decline the request to rename Claremont Memorial Park to Rick Johnson Park since the park is already dedicated; 2. That Council consider naming a future neighbourhood park in the Seaton Community as Rick Johnson Park in accordance with the Facility and Park Naming Procedure ADM 11 0-006; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 2. Director, Engineering Services, Rep'ort ENG 04-17 Amendment to By-law 6604/05 -Schedule 12, Full Load Highways Council Decision 2 -C~o~ PJCKERlNG Council Meeting Minutes March 13, 2017 · 7:00 pm -Council Chambers 1. That the attached draft by-law be enacted to amend Schedule "12" to By-law 6604/05 to provide for the regulation of parking on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, specifically to address an update to Schedule "12" Full Load Highways; 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 3. Director, Engineering Services, Report ENG 05-17 Amendments to the Traffic and Parking By-law 6604/05 Council Decision 1. . That the attached draft by-law be enacted to amend Schedule "2", Schedule "7", Schedule "8", and Schedule "9" to By-law 6604/05 to provide for the regulation of stopping and parking on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, specifically to address the following: a) The removal of on-street parking restrictions on both sides of Poprad Avenue, both sides of Sangro Lane, the south side of Tatra Drive between Naroch Boulevard and Krosno Boulevard, and the west side of Krosno Boulevard between Bayly Street, Tatra Drive, and Brookshire Square, in its entirety, b) The implementation of parking restrictions on the south side of Broadview Street and the southwest curve of Bronte Square c) The extension of the 40 km/h posted speed limit on Rosebank Road from Woodsmere Crescent!Charnwood Court to 230 metres north to Springview Drive, d) The removal of the by-law for stop signs at the intersections of Livepool Road and Bushmill Street/Linwood Street and Valley Farm Road at The Esplanade South/Diefenbaker Court, as these intersections are now signalized, e) The removal of the by-law for a stop sign on Valley Farm Road at The Esplanade North, which Schedule "7" incorrectly states there is a stop sign for southbound vehicles, f) The removal of the by-law for yield signs at the intersections of Alderwood Place at Colmar Avenue, Cortez Avenue at Colmar Avenue, 3 3 4 -Ci~ of---,-- PJCKERJNG Council Meeting Minutes March 13, 2017 7:00 pm -Council Chambers Kingfisher Drive at Colmar Avenue, Parkham Crescent at ColmarAv€mue, as these intersections have stop signs; and 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 4. Director, Finance & Treasurer, Report FIN 05-17 Statement of the Treasurer Respecting 2016 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and Committees Council Decision It is recommended that Report FIN 05-17 of the Director, Finance & Treasurer regarding the Statement of the Treasurer respecting Remuneration and Expenses of Members of Council and Council Appointees for the year 2016 be received for information. 5. Director, Corporate Services & City Solicitor, Report LEG 02-17 Seaton Road Allowance Land Transfers -Stop-up Close and Declare Surplus Various Road Allowances Council Decision 1. That Council ena~t a by-law to stop-up and close the following road allowances as public highway: • Part of the Road Allowance between Lots 30 and 31, Concession 5, being Parts 11, 12 and 13, Plan 40R-28736; • Part of the Road Allowance between Lots 28 and 29, Concession 5, being Parts 1 to 6, Plan 40R-28736; • Road Allowance between Lots 26 and 27, Concession 5; • Part of the Road Allowance between Lots 24 and 25, Concession 5, being Parts 3, 4 and 5, Plan 40R-28739 and Part of the Road Allowance between Lots 24 ~md 25, Concession 5, being Part 3, Plan 40R-294 7 4; • Road Allowance between Lots 22 and 23, Concession 5; • Part of the Road Allowance between Lots 20 and 21, Concession 5, being Parts 1 to 4, Plan 40R-28743;Part of the Road Allowance between Lots 20 and 21, Concession 4, being Part 7, Plan 40R-28738; • Road Allowance between Lots 22 and 23, Concession 4; • Part of the Road Allowance between Lots 24 and 25, Concession 4, being Part 1, Plan 40R-28737; and 4 --CftJ oi-- PJCKERJNG Council Meeting Minutes March 13, 2017 7:00 pm -Council Chambers Part of the Road Allowance between Lots 22 and 23, Concession 3, being Parts 1 and 2, Plan 40R-287 40, and declare them surplus to the needs of the City for the purpose of transfer to the abutting landowners in accordance with the Seaton Financial Impacts Agreement and the Seaton District Park Agreement; and 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Moved by Councillor Pickles Seconded by Councillor Brenner Resolution #272/17 That Report 2017-02 of the Executive Committee meeting held on March 6, 2017, be adopted, save and except Item #6. 6. Director, Corporate Services & City Solicitor, Report CLK 03-17 2018 Municipal Election Internet and Telephone Voting for the 2018 Municipal Election Carried A question and answer period ensued regarding ongoing concerns with security and power outages, voter assistance centre locations, and the need for a comprehensive community education plan. Moved by Councillor Pickles Seconded by Councillor Brenner Resolution #273/17 1. That Report CLK 03-17 be received for information; and 2. That Council direct the City Clerk to implement an Internet/telephone Voting System for the 2018 Municipal Election. Resolution #27 4/17 Moved by Councillor Brenner Seconded by Councillor Cumming 5 Carried Later in the Meeting [Refer to following motions] 5 6 -C~af PJCKERJNG Council Meeting Minutes March 13, 2017 7:00pm-Council Chambers That the draft by-law attached to Report CLK 03-17 be amended as follows and approved: 2. The use of voting and vote-counting equipment such as voting machines, voting recorders or optical scanning vote tabulators continue to be authorized for use in conducting elections in the event that implementation of internet voting and telephone voting is not feasible; and 3. By-laws 4888-96 and 6093/03 are hereby repealed. Carried The main motion was then carried unanimously, as amended. (VII) New and Unfinished Business 1. Director, City Development & CBO, Report BLD 01-17 Building By-law Amendments under the Building Code Act Resolution #275/17 Moved by Councillor Ashe Seconded by Councillor Brenner · That the City's Building By-law 7362/14 which prescribes Fees Payable for Building Permits be amended as set out in Appendix I to Report BLD 01-17. Carried (IX) By-laws 7545/17 7546/17 7547/17 7548/17 Being a by-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. Being a by-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. Being a by-law to stop-up and close certain road allowances within Pickering as public highway and deem them surplus to the needs of the Corporation. Being a By-law to amend Schedule "B" of By-law 7362/14 identifying fees payable respectively. 6 -Cif;;oJ- PJCKERJN Council Meeting Minutes March 13, 2017 7:00 pm -Council Chambers 7549/17 Being a by-law to repeal By-law 6093/03 and By-law 4888/96 to authorize the use of internet and telephone voting. Moved by Councillor Pickles Seconded by Councillor Butt Resolution #278/17 That By-law Nos. 7545/17 through7549/17, be approved. (VIII) Confidential Matters Carried In accordance with Procedural By-law 7212/12 and the provisions of the Municipal Act, an In Camera meeting of Council was held prior to the regularly scheduled meeting. Resolution #276/17 Moved by Councillor Mclean Seconded by Councillor Brenner That Council move In Camera in that the matters to be discussed relate to a proposed or pending acquisition or disposition of land by the municipality. Carried 1. Chief Administrative Officer Re : Duffin Heights Mixed Use Corridor Land Disposition A confidential verbal update was presented to Council by the Chief Administrative Officer and Director, Corporate Services & City Solicitor regarding the Duffin Heights Land disposition. Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes]. Moved by Councillor Mclean Seconded by Councillor Ashe Resolution #277 /17 7 7 8 --Ci~of- PJCKERJNG Council Meeting Minutes March 13, 2017 7:00pm-Council Chambers That the recommendation to dispose of lands considered at the Closed Meeting of Council be approved. Carried (X) Other Business 1. Councillor Ashe gave notice that he would be bringing forward a Notice of Motion regarding contraband tobacco and requesting that either Regional Council or the Durham Regional Police Services increase enforcement on this matter. 2. Councillor Brenner gave notice that he would be bringing forward a Notice of Motion regarding speeding, and the introduction of a "please slow down campaign" for the City to adopt. 3. Councillor Mclean requested that the Chief Administrative Officer look into the possibility of getting a noise barrier on Bayly Street between Krosno Boulevard and Liverpool Road. (XI) Confirmation By-law By-law Number #7550/17 Councillor Mclean, seconded by Councillor Brenner moved for leave to introduce a By- law of the City of Pickering to confirm those proceedings of March 13, 2017. (XII) Adjournment Moved by Councillor Pickles Seconded by Councillor Ashe That the meeting be adjourned at 7:55 pm. Dated this 13th day of March, 2017. Mayor Ryan Debbie Shields City Clerk 8 Carried Carried -~.o~Executive Committee Meeting Minutes April 3, 2017 2:00 pm Council Chambers Chair: Councillor Cumming Pl KERJNG Present: Mayor Ryan Councillors: K.Ashe M. Brenner S.Butt I. Cumming B. Mclean D. Pickles Also Present: T. Prevedel K. Bentley M. Carpino J. Hagg R. Holborn S. Karwowski M. Gadzovski D. Shields R. Pym G. McGregor D. Selsky N. Emery M. Pelzowski A. Syed L. Harker -Chief Administrative Officer -Director, City Development & Chief Building Official -Director, Community Services -Fire Chief -Director, Engineering Services -Director, Finance & Treasurer -Division Head, Water Resources & Development Services '"City Clerk -Principal Planner, Strategic Initiatives -Manager, Strategic Initiatives & Sustainability -Manager, Capital Projects & Infrastructure -Coordinator, Traffic Operations -Coordinator, Roads & Infrastructure Maintenance Contracts -Coordinator, Energy Management -Deputy Clerk (I) Disclosure of Interest No disclosures of interest were noted. (II) Delegations 1. Joseph Millage, The Participation House Project, appeared before the Committee to provide an overview of Project IMPACT. Project IMPACT is a project that recognizes people who have made a positive contribution to Durham Region which will result in a book that contains stories about these people. Mr. Millage invited the Committee to 1 9 1 0 -C~oj PlCKERlNG Executive Committee Meeting Minutes . April3,2017 2:00 pm Council Chambers Chair: Councillor Cumming submit names of people who might want to submit a story, and requested a grant in the amount of $1,000 from the City. A brief question and answer period ensued regarding any support received from other mwnicipalities, with the Committee suggesting that the organization request a grant through the City's Community Grant Program. 2. Tanya Ryce, Supervisor, Cultural Services, appeared before the Committee to provide an update on City of Pickering's Canada 150 plans. With the aid of a Power Point presentation, Ms. Ryce outlined the various events that the City will be enhancing to celebrate Canada's 150th, including specifics regarding the branding, marketing, themes, uniforms, and enhancements to City events. A brief question and answer period ensued regarding incorporating the book "Time Present and Time Past: A Pictorial History of Pickering" by John Sabean into promotions somehow, ensuring that a wide variety of notable Pickering residents were highlighted, and that trails be included in the promotions. (Ill) Matters for Consideration 1. Director, Engineering Services, Report ENG 02-17 Toronto and Region Conservation Authority -Greenwood Conservation Lands Master Plan -Brock North Lands A question and answer period ensued regarding the purchase of lands, incoming fill and the corresponding effects on traffic and the roads, and the fees for haulage and dumping fill. Recommendation Moved by Councillor Pickles Seconded by Councillor Mclean 1. That staff be authorized to waive any future fill permit tipping fees and securities (refundable deposits) as required by the current Fees & Charges By-law, from the Toronto and Region Conservation Authority (TRCA) related to the Brock North Lands site for the term of the fill operation at the site; 2. That Council authorize staff to enter into discussion with City ofT oronto staff, in an effort to have the City of Toronto waive the requirement set out in the agreement of purchase and sale between the City of Toronto and the TRCA 2 -C4Jaf- P1CKER1 G Executive Committee Meeting Minutes April 3, 2017 2:00pm Council Chambers Chair: Councillor Cumming dated the 181h day of January, 2011, for payment of fair market value for all of the property entitlements, interests and permissions conveyed or granted by TRCA to the City of Pickering for ancillary uses on the Brock North Lands; 3. That staff be authorized to work with the TRCA on the development of a landscape master plan for the Brock North Lands that achieves a balance between ecological restoration and preparation for recreational facilities, while incorporating the importation and placement of approximately 1.7 million cubic metres of clean fill; 4. That staff be authorized to work with the TRCA to amend the existing management agreement between the City of Pickering and TRCA to include the permitted ancillary and recreational uses for the Brock North Lands on terms similar to the existing management agreement; 5. That a copy of this report be forwarded to TRCA; and 6. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 2. Director, Engineering Services, Report ENG 06-17 Amendment to Traffic and Parking By-law 6604/05 -Inclusion of New Roads and Traffic Controls Recommendation Moved by Councillor Pickles Seconded by Councillor Ashe Carried 1. That the attached draft by-law be enacted to amend Schedule "2", Schedule "5", Schedule "6", Schedule "7", Schedule "9" and Schedule "10" to By-law 6604/05 to provide for the regulation of stopping and parking on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, specifically to provide for the inclusion of new roads and traffic controls into the Traffic and Parking By-law; 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 3 11 1 2 ---Ct~ of--- PlCKERlNG 3. Director, Engineering Services, Report ENG 07-17 Executive Committee. · Meeting Minutes April 3, 2017 2:00 pm Council Chambers Chair: Councillor Cumming Asphalt Resurfacing on Various City Streets, Trails and Driveways. -Tender No. T-2-2017 Recommendation Moved by Councillor Brenner Seconded by Councillor Ashe 1. That Tender No. T-2-2017 for Asphalt Resurfacing on Various City Streets, Trails & Driveways as submitted by Furfari Paving Co. Ltd. in the total tendered amount of $1,487,065.99 (HST included) be amended to include an additional $33,743.30 (HST included) for expansion of the Strouds Lane Project from Foxwood Trail to Amberlea Road be accepted; 2. That the total gross project cost of $1,858,871.00 (HST included), including the tender amount and other associated costs, and the total net project cost of $1,673,971.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of$1 ,673,971.00 as follows: a) The sum $1,084,777.00 as approved in the 2017 Capital Budget to be funded by a transfer from the Federal Gas Tax Reserve Fund; b) The sum of $390,315.00 as approved in the 2017 Capital Budget to be funded from the Ontario Community Infrastructure Fund (OCIF) Grant; c) The sum of $47,000.00 for the Kinsmen Park Maintenance Road be financed by undertaking an internal loan for a term of 5 year; d) The sum of $109,000.00 for the Waterfront Trail be financed by undertaking an internal loan for a term of 5 years; e) The sum of $41,655.00 as approved in the 2016 Capital Budget to be funded by a transfer from the Roads & Bridges Reserve Fund; f) The balance sum of $1,224.00 be funded from property taxes; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 4 14 -~of PlCKERJNG Executive Committee Meeting Minutes April 3, 2017 2:00 pm Council Chambers Chair: Councillor Cumming 3. That the Seaton Easement Conveyance Agreement, substantially in the form included in this Report as Attachment No.2, be entered into by the City in respect of the Mattamy (Seaton) Limited Phase I subdivision (SP-2009-13), subject to such minor revisions as are satisfactory to the Director, Corporate Services & City Solicitor; 4. That the form of Easement Conveyance Agreement included in this Report as Attachment No. 2, subject to revisions approved by the Director, Corporate Services & City Solicitor, be used by the City for all easements required to permit the location of storm water management ponds and facilities on Provincial lands, as needed to service other Seaton subdivisions; 5. That the said Agreements, including all future Easement Conveyance Agreements in Seaton, be executed by the Mayor and City Clerk; and 6. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. 6. Director, City Development & CBO, Report PLN 05-17 City of Pickering LED Streetlight Conversion Program Carried Discussion ensued regarding the budget for this project, pole replacement, and the impact it will have on the community. Recommendation Moved by Councillor Pickles Seconded by Mayor Ryan 1. That Council endorse staff's recommendation to retain Realterm Energy Corp. to convert the City's High Pressure Sodium (HPS) and Mercury Vapour (MV) streetlight luminaires to energy efficient Light Emitting Diode (LED) streetlight luminaires; 2. That Council approve the award of a single source contract to Realterm Energy Corp. in accordance with the City's Purchasing Policy, Item 09.09 in the amount of $6,439,926.50 (HST included); 6 -Cd:Jof- PlCKERlN Executive Committee Meeting Minutes April 3, 2017 2:00 pm Council Chambers .Chair: Councillor Cumming 3. That the total gross project cost of $6,773,782.00 (HST included) including the cost proposal from Realterm Energy Corp. and other associated costs, and the total net project cost of $6,100,000.00 (net of HST rebate) be approved; 4. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $6,100,000.00 as follows: a) The sum of $3,880,000.00 as approved in the 2016 Capital Budget for Streetlight Luminaries Replacement-Phase 2, be funded by a transfer from the Federal Gas Tax Reserve Fund; b) The sum of $1,500,000.00 as approved in the 2016 Capital Budget for Streetlight Luminaires Replacement-Phase 2, be funded by a transfer from the Rate Stabilization Reserve; c) The sum of $500,000.00 as approved in the 2017 Capital Budget for Streetlight Luminaires Replacement-Phase 3, be funded by a transfer from the Independent Electricity System Operator (IESO) incentive grant; d) An additional amount of $100,000.00 from savings realized in Tender No. T-2-2017, Asphalt Resurfacing on Various City Streets, Trails, and Driveways be applied to the Streetlight Luminaires Replacement-Phase 2 project to cover incremental costs and be funded by a transfer from the Federal Gas Tax Reserve Fund; e) The Phase 1 funding from Capital Project Account 5325.1603.7505 in the amount of $120,000.00 funded by a transfer from the Federal Gas Tax Reserve Fund be applied to the Streetlight Luminaires Replacement- Phase 2 project; 5. That the Mayor and Clerk be authorized to sign an agreement between the City and Realterm Energy Corp. in a form satisfactory to the Director, Corporate Services & City Solicitor; 6. That staff consult with the Whitevale and District Residents' Association on the selection of a LED lighting luminaire that best reflects the character of the Heritage Conservation District and that staff consider the preferred LED luminaire and associated costs as part of the 2018 Capital Budget; 7. That the Director, Finance & Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; and 7 15 1 6 --CtftJ of-- PJCKERJNG Executive Committee Meeting Minutes April 3, 2017 2:00 pm Council Chambers Chair: Councillor Cumming 8. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. (IV} Other Business 1 . Notice of Motion Recommendation Moved by Councillor Brenner Seconded by Councillor Mclean· Carried That the rules of procedure be suspended in order to waive the 10 day requirement for a Notice of Motion regarding Support for Building Canada's First Microgrid Community in Pickering to go to Council on Monday, April 11th. Carried on a 2/3 vote (V} Adjournment The meeting adjourned at 3:09 pm. 8 (';/JA l -------~ oo------- Pl KERlN Present: Mayor Ryan Councillors: K.Ashe M. Brenner S.Butt ·I. Cumming B. Mclean D. Pickles Also Present: T. Prevedel K. Bentley C. Rose -Chief Administrative Officer -Director, City Development & CBO -Chief Planner Planning & Development Committee Meeting Minutes April 3, 2017 7:00 pm -Council Chambers Chair: Councillor Mclean D. Wylie L. Harker -Principal Planner, Development Review -Deputy Clerk (I) Disclosure of Interest No disclosures of interest were noted. (II) Delegations Randy Lockwood, Carrie-Anne Atkins and Gord Sullivan, OPG, appeared before the Committee to provide an update for Pickering Nuclear. Mr. Lockwood provided an overview of 2015-2016 performance, which were noted as the best two years in site performance history, and advised that they received a positive assessment from the Canadian Nuclear Safety Commission. Mr. Sullivan provided an overview of the Pickering Waste Facility, and that they are seeking an 11-year licence renewal to continue operations. It was noted that in 2017 there will be a continued focus on safety and quality culture, and continued community engagement initiatives. A question and answer period ensued regarding the costs of refurbishment, short versus long term storage and the associated facilities and storage containers, host communities, and life expectancy of reactors. Discussion ensued regarding safety, with Committee referencing safety as their number one priority, and requesting that OPG's Northwest Operations (NWO) meet with the Committee in future for further discussions. 1 17 18 --C~of- PJCKERJNG (Ill) Part "A" Planning & Development Reports Planning & Development Committee Meeting Minutes April 3, 2017 7:00 pm -Council Chambers Chair: Councillor Mclean 1. Director, City Development & CBO, Report PLN 04-17 Pickering Nuclear Generating Station Status of Activities Recommendation Moved by Councillor Ashe Seconded by Councillor Pickles 1. That Report PLN 04-17 of the Director, City Development & CBO regarding the status of activities at the Pickering Nuclear Generating Station be received for information; 2. That staff continue to report to Council at strategic milestones during the extended operations and retirement of the Pickering Nuclear Generating Station; and 3. That a copy of Report PLN 04-17 be forwarded to the Region of Durham, the Ministry of Energy, Ontario Power Generation, and Hydro One. Carried (IV) Adjournment The meeting adjourned at 7:50pm. 2 --,--Clp v/~~ PJ( ERlN Delegations 1. Inspector Sean Fitzgerald PC Marten Wind, Assistant Project Manager NSgt Jason Bagg, Project Manager Re: Body Worn Camera Project Ap ri I 11 , 20 17 1 9 April11, 2017 Committee Reports a) Report EC 2017-03 of the Executive Committee Executive Pages 1. Director, Engineering Services, Report ENG 02-17 Toronto and Region Conservation Authority -Greenwood Conservation Lands Master Plan 1-30 2. -Brock North Lands Recommendation 1. That staff be authorized to waive any future fill permit tipping fees and securities (refundable deposits) as required by the current Fees & Charges By-law, from the Toronto and Region Conservation Authority (TRCA) related to the Brock North Lands site for the term of the fill operation at the site; 2. That Council authorize staff to enter into discussion with City of Toronto staff, in an effort to have the City of Toronto waive the requirement set out in the agreement of purchase and sale between the City ofT oronto and . the TRCA dated the 18th day of January, 2011, for payment of fair market value for all of the property entitlements, interests and permissions conveyed or granted by TRCA to the City of Pickering for ancillary uses on the Brock North Lands; 3. That staff be authorized to work with the TRCA on the development of a landscape master plan for the Brock North Lands that achieves a balance between ecological restoration and preparation for recreational facilities, while incorporating the importation and placement of approximately 1. 7 million cubic metres of clean fill; 4. That staff be authorized to work with the TRCA to amend the existing management agreement between the City of Pickering and TRCA to include the permitted ancillary and recreational uses for the Brock North Lands on terms similar to the existing management agreement; 5. That a copy of this report be forwarded to TRCA; and 6. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Director, Engineering Services, Report ENG 06-17 Amendment to Traffic and Parking By-law 6604/05 -Inclusion of New Roads and Traffic Controls Recommendation 31-54 20 21 1. That the attached draft by-law be enacted to amend Schedule "2", Schedule "5", Schedule "6", Schedule "7", Schedule "9" and Schedule "10" to By-law 6604/05 to provide for the regulation of stopping and parking on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, specifically to provide for the inclusion of new roads and traffic controls into the Traffic and Parking By-law; 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 3. Director, Engineering Services, Report ENG 07-17 55-70 Asphalt Resurfacing on Various City Streets, Trails and Driveways -Tender No. T-2-2017 Recommendation . 1. That Tender No. T-2-2017 for Asphalt Resurfacing on Various City Streets, Trails & Driveways as submitted by Furfari Paving Co. Ltd. in the total tendered amount of $1,487,065.99 (HST included) be amended to include an additional $33,743.30 (HST included) for expansion of the Strouds Lane Project from Foxwood Trail to Amberlea Road be accepted; 2. That the total gross project cost of $1,858,871.00 (HST included), including the tender amount and other associated costs, and the total net project cost of $1,673,971.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $1,673,971.00 as follows: a) The sum $1,084,777.00 as approved in the 2017 Capital Budget to be funded by a transfer from the Federal Gas Tax Reserve Fund; b) The sum of $390,315.00 as approved in the 2017 Capital Budget to be funded from the Ontario Community Infrastructure Fund (OCIF) Grant; c) The sum of $47,000.00 for the Kinsmen Park Maintenance Road be financed by undertaking an internal loan for a term of 5 year; d) The sum of $109,000.00 for the Waterfront Trail be financed by undertaking an internal loan for a term of 5 years; e) The sum of $41,655.00 as approved in the 2016 Capital Budget to be funded by a transfer from the Roads & Bridges Reserve Fund; f) The balance sum of $1,224.00 be funded from property taxes; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 4. Director, Finance & Treasurer, Report FIN 06-17 71-76 5. Low Income Seniors and Persons with Disabilities Property Tax Grant Program Recommendation 1. That Report FIN 06-17 of the Director, Finance & Treasurer regarding the Low Income Seniors and Low Income Persons with Disabilities Property Tax Grant be received; , 2. That the attached By-law, providing for the Low Income Seniors and Low Income Persons with Disabilities Property Tax Grant be enacted; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Director, Corporate Services & City Solicitor, Report LEG 03-17 Mattamy (Seaton) Limited (Phase I) -Seaton Master Parks Agreement and Seaton Easement Conveyance Agreement Recommendation 77-124 1. That Report LEG 03717 respecting the Seaton Master Parks Agreement and Seaton Easement Conveyance Agreement be received; 2. That the Seaton Master Parks Agreement, substantially in the form included in this Report as Attachment No. 1, be entered into by the City to govern the provision of parkland within Seaton, subject to such minor revisions as are satisfactory to the Director, Corporate Services & City Solicitor; · 3. That the Seaton Easement Conveyance Agreement, substantially in the form included in this Report as Attachment No. 2, be entered into by the City in respect of the Mattamy (Seaton) Limited Phase I subdivision (SP- 2009-13), subject to such minor revisions as are satisfactory to the Director, Corporate Services & City Solicitor; 4. That the form of Easement Conveyance Agreement included in this Report as Attachment No. 2, subject to revisions approved by the Director, Corporate Services & City Solicitor, be used by the City for all easements required to permit the location of storm water management ponds and facilities on Provincial lands, as needed to service other Seaton subdivisions; 5. That the said Agreements, including all future Easement Conveyance Agreements in Seaton, be executed by the Mayor and City Clerk; and 6. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. 22 6. 23 Director, City Development & CBO, Report PLN 05-17 City of Pickering LED Streetlight Conversion Program Recommendation 125-150 1 . That Council endorse staff's recommendation to retain Realterm Energy Corp. to convert the City's High Pressure Sodium (HPS) and Mercury Vapour (MV) streetlight luminaires to energy efficient Light Emitting Diode (LED) streetlight luminaires; 2. That Council approve the award of a single source contract to Realterm Energy Corp. in accordance with the City's Purchasing Policy, Item 09.09 in the amount of $6,439,926.50 (HST included); 3. That the total gross project cost of $6,773,782.00 (HST included) including the cost proposal from Realterm Energy Corp. and other associated costs, and the total net project cost of $6,100,000.00 (net of HST rebate) be approved; 4. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $6,100,000.00 as follows: a) The sum of $3,880,000.00 as approved in the 2016 Capital Budget for Streetlight Luminaries Replacement-Phase 2, be funded by a transfer from the Federal Gas Tax Reserve Fund; b) The sum of $1,500,000.00 as approved in the 2016 Capital Budget for Streetlight Luminaires Replacement-Phase2, be funded by a transfer from the Rate Stabilization Reserve; c) The sum of $500,000.00 as approved in the 2017 Capital Budget for Streetlight Luminaires Replacement-Phase 3, be funded by a transfer from the Independent Electricity System Operator (IESO) incentive grant; d) An additional amount of $100,000.00 from savings realized in Tender No. T-2-2017, Asphalt Resurfacing on Various City Streets, Trails, and Driveways be applied to the Streetlight Luminaires Replacement -Phase 2 project to cover incremental costs and be funded by a transfer from the Federal Gas Tax Reserve Fund; e) The Phase 1 funding from Capitl Project Account 5325.1603.7505 in the amount of $120,000.00 funded by a transfer from the Federal Gas Tax Reserve Fund be applied to the Streetlight Luminaires Replacement -Phase 2 project; 5. That the Mayor and Clerk be authorized to sign an agreement between the City and Realterm Energy Corp. in a form satisfactory to the Director, Corporate Services & City Solicitor; 6. That staff consult with the Whitevale and District Residents' Association on the selection of a LED lighting luminaire that best reflects the character of the Heritage Conservation District and that staff consider the preferred LED luminaire and associated costs as· part of the 2018 Capital Budget; 7. That the Director, Finance & Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; and 8. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 24 25 -Cift;oJ- PJCKERJNG Committee Reports April 11, 2017 b) Report PD 2017-:03 of the Planning & Development Committee Pages 1. Director, City Development & CBO, Report PLN 04-17 Pickering Nuclear Generating Station Status of Activities Recommendation 1-5 1 . That Report PLN 04-17 of the Director, City Development & CBO regarding the status of activities at the Pickering Nuclear Generating Station be received for information; 2. That staff continue to report to Council at strategic milestones during the extended operations and retirement of the Pickering Nuclear Generating Station; and 3. That a copy of Report PLN 04-17 be forwarded to the Region of Durham, the Ministry of Energy, Ontario Power Generation, and Hydro One. Ap ri I 11 , 2017 New and Unfinisheq Business Pages 1. 2. Director, Community Services, Report CS 05-17 Beach Volleyball Court Licence Agreement -Solstice Sport Inc. Recommendation 27-36 1 . That the Mayor and City Clerk be authorized to execute the Licence Agreement set out in attachment 1 of this Report to which Solstice Sport Inc. will be permitted to operate beach volleyball programs in Diana, Princess of Wales Park for a 5 year term beginning May 1, 2017 and ending September 30, 2021, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor; and · 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Director, City Development & CBO Zoning By-law Amendment Application A 06/16 City Initiated Zoning By-law and Urban Design Guidelines City Centre Recommendation 37-232 1. That the City initiated City Centre Zoning By-law7553/17, dated April 3, 2017, as set out in Appendix I to report PLN 07-17, and previously endorsed in draft by Council on January 16, 2017, be enacted; and 2~ That the City Centre Urban Design Guidelines, dated April 3, 2017, as set out in Appendix II to report PLN 07-17, and previously endorsed in draft by Council on January 16, 2017, be approved. 26 cs 05-17 April 11, 2017 Subject: Beach Volleyball Court Licence Agreement Page 2 Financial Implications: The revenue to be generated from Solstice Sport Inc. will be the following: i. $3,250 (plus HST) in 5 equal monthly installments of $650 (plus HST) in Year 1 of the agreement (from May 2017 to September 2017); · ii. $3,500 (plus HST) in 5 equal monthly installments of $700 (plus HST) in Year 2 of the agreement (May 2018to September2018); iii. $3,750 (plus HST) in 5 equal monthly installments of $750 (plu~ HST) in Year 3 of the agreement (May 2019 to September 2019); , iv. $4,000 (plus HST) in 5 equal monthly installments of $800 (plus HST) in Year 4 of the agreement(May 2020 to September 2020); and, v. $4,250 (plus HST) in 5 equal monthly installments of $850 (plus HST) in Year 5 of the agreement (May 2021 to September 2021). ) . ·The rental revenue under the existing lease agreement (May 1, 2013 to April 30, 2018) is $3,000 (plus HST) per year. Discussion: Solstice Sport Inc. is seeking to enter into a revised licence agreement with the City of Pickering to operate beach volleyball programs on the five outdoor volleyball courts located in Diana, Princess of Wales Park. The existing licence agreement is for a 5 year term beginning May 1, 2013 and ending April 30, 2018 (5 months per term for a total of 25 months). This request is being made 1 year in advance of the agreementtermination date because Solstice Sports Inc. wishes to make upgrades to the beach volleyball courts and would like a 5 year commitment with the City before making this investment. The beach volleyball courts at Diana Park meet the demand for beach volleyball within the City of Pickering. Solstice Sports Inc. offers residents an opportunity to participate in organized leagues, tournaments, clinics and camps in a manner that is satisfactory to the City of Pickering. The beach volleyball programs and leagues offered by Solstice Sports Inc. is complimentary to the City's summer sports program schedule. They afford our residents with the opportunity to play volleyball in an outdoor setting (beyond the existing fall, winter and spring registered indoor volleyball programs provided by the Community Services Department). The Director, Culture & Recreation recommends that the revised licence agreement set out in attachment 1 be initiated for a 5 year term beginning May 1, 2017 and ending September 30, 2021. CORP0227 -07/01 revised 28 cs 05-17 April11, 2017 Subject: Beach Volleyball Court Licence Agreement Page 3 Attachments: 1. Draft Licence Agreement for Sol$tice Sport Inc. (May 1, 2017 to September 30, 2021) 2. Location Map :me Recommended for the consideration of Pickering City Council Prepared/Approved/Endorsed By: ~~· Marisa CarPtms Director, Community Services ~ Jju. 3/,2017 Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised 29 30 ATTACHMENT #j_ TO REPORT #~95 ·-i ·1 THIS LICENCE AGREEMENT mad·e pursuant, to the provisions of Section 110 of the Municipal Act, 2001, chapter 25 as of the 1st day of May 2017 BETWEEN: SOLSTICE SPORT INC. (hereinafter called the "Club") and OF THE FIRST PART THE CORPORATION OF THE CITY OF PICKERING (hereinafter called the "City'') OF THE SECOND PART WHEREAS the City is the Owner of Diana, Princess of Wales Park, located at 1550 Diefenbaker Court, Pickering, AND WHEREAS the Club is incorporated pursuant to the laws of the Province of Ontario, NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The parties hereto acknowledge and confirm that the recitals contained herein are true in substance and in fact. 2. In this Agreement, the term, (a) "Department" means the City's Community Services Department; and (b) "Park" means that portion of Diana Princess of Wales Park as set out by hatched lines on the sketch attached hereto and marked as Schedule A to this agreement. 3. The City grants to the Club the exclusive use of the Park for beach volleyball during the months of May P 1 to September 30th both inclusive for the period beginning May 1, 2017 and ending September 30, 2021. 4. The Club, its servants, contractors, subcontractors, agents and employees, shall comply strictly with all applicable statutes, laws, by-laws, orders, rules, regulations and policies now or hereinafter in force governing the operation of the Park and the conduct of the businesses of the Club and of the City, including but not limited to all applicable health and safety regulations governing the conduct and operation of the Park. 5. The Club shall, (a) be responsible for all costs related to or arising from the five (5) beach volleyball courts; (b) be responsible for all construction, maintenance, repair and operation costs for all five (5) beach volleyball courts throughout the term of this Agreement; (c) deposit with the City, by April 1st of each Term, a certificate of insurance verifying that a general liability insurance policy that includes non-owned auto coverage in the amount of at least $2,000,000 is in place in respect of injury to or death of one or more persons, or of damage to property, in a form satisfactory to the City. The City must be added as an Additional Insured to the general liability insurance policy; (d) ensure that each of its contractors and subcontractors complies with the insurance requirements set out in this Agreement by obtaining similar types of insurance and providing the Club with any policy of insurance or certificate thereof. No subcontract entered into by the Club shall impose any obligation or liability upon the City; (e) indemnify the City from and against any and all costs, claims, liabilities expenses, damages or injuries, including but not limited to any personal injury, loss of life or damage to property occurring at any time in or on the Park, however such loss, damage or injury may occur; (f) keep the beach volleyball courts in good repair and safe conditions and to maintain the courts and all lands comprising the Pe3rk at a high level of cleanliness and safety; (g) ensure that it uses the beach volleyball courts only during the operating hours of 8:00 am to 10:00 pm, Monday through Sunday, in each calendar year throughout the Term; (h) refrain from serving alcohol or allowing the consumption of alcohol within or around the Park unless the required liquor license/permit necessary to permit the sale of alcohol for special occasions has been obtained by the Club; 2 31 32 (i) supply electrical power to the beach volleyball courts if required, at its own expense, provided that in doing so it shall not interfere with any use of any part of Diana, Princess of Wales Park (other than the Park); G) obtain the approval of the City's Director, Community Services before altering, adding to or varying in any way all or any part of the Park; (k) not advertise or place sign age of any kind on the outside of the beach volleyball courts, or on the fencing surrounding the courts, without the prior · approval of the City; (I) refrain from interfering with the enjoyment of Diana, Princess of Wales Park by any member of the public; (m) indemnify the City from and against any and all costs arising directly or indirectly from or associated with the Club's operation including the use of the Park bythe Club; (n) permit the City, its servants, agents and employees, to have access to the · Park at any time during the Term, whether or not the Club is operating, for the purpose of conducting inspections of the courts; · (o) leave the Park in a neat, tidy and clean condition at the end of the Term, and immediately repair or replace any damage to the Park resulting from the placement or use of the beach volleyball courts; (p) be responsible for the development of and be the official organizer for adult and youth beach volleyball programs-the Club will have exclusive rights to these programs; (q) be responsible, at its own expense, for all marketing ofthe said programs; (r) monitor and control revenues for aduU and youth registrations; (s) operate the said programs from June 1-mid September in each year of the Term; and (t) provide the City with a list of all the said programs. 6. The Operator shall pay license fees to the City the sum of the following: . (a) . · $.3,250 (plus HST) in equal monthly installments of $650 (plus HST) on the first day of the month for the first term (from May 2017 to September 2017); (b) $3,500 (plus HST) in equal monthly installments of $700 (plus HST) on the first day of the month for the second term (May 2018 to September 2018); 3 (c) $3,750 (plus HST) in equal monthly installments of $750 (plus HST) on the first day of the month for the third term (May 2019 to September 2019); (d) $4,000 (plus HST) in equal monthly installments of $800 (plus HST) on the first day of the month for the fourth term (May 2020 to September 2020); and, (e) $4,250 (plus HST) in equal monthly installments of $850 (plus HST) on the first day of the month for the fourth term (May 2021 to September 2021 ). 7. The City shall not be liable to the Club for any loss of or damage to the beach volleyball courts, the Club's equipment, supplies or products, whether caused by fire, theft, burglary or otherwise. 8. All property of the Club or members of the public at any time in the Park shall be · at the sole risk of the Club (or members of the public, as the case may be provided that such member of the public has voluntarily assumed such risk which transfer or risk shall be the responsibility of the Club) and the City shall not be liable for any loss or damage thereto however occurring and the Club releases the City from all claims and demands in respect of any SUGh loss or damage. 9. The Club shall assume all liability and obligation for any and all loss, damage, or injury, including death, to persons or property that happens as a result of or arises out of the use and occupation of the Park by the Club or its members and the Club shall at all times indemnify and save harmless the City from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising therefrom or connected therewith. 1 0. (a) Notwithstanding the provisions of this Agreement, either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other provided that the Club shall remain liable to the City for any damages, costs, losses and expenses incurred by the City as a result of any breach of this Agreement by the Club; (b) Notice of early termination may be given by personal delivery or registered mail, (i) in the case of the Ciub, to Solstice Sport Inc. c/o Mike Slean, 285 Cachet Blvd., Brooklin, ON L 1M OC9; (ii) in the case of the City, to The City Clerk, The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, ON L 1V 6K7; 4 33 34 (c) Each party may redesignate the person or the address, or both, to whom or to which such notice may be given by giving written notice to the other; (d) Any notice given in accordance with this section shall be deemed to have been given on the second day following the day of delivery or the day of mailing, as the case may be. 11. The Club shall not assign or sub-licence all or any portion of this Licence Agreement without the City's written consent, which consent may be arbitrarily withheld. Notwithstanding any permitted assignment or sub-licence, the Club shall remain liable for compliance with all the requirements of this Licence Agreement, including the payment of fees (paragraph 6) and the indemnification · of the City" (paragraph 9). 12. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and assigns. IN WITNESS WHEREOF the parties have each executed this Agreement and have affixed their respective corporate seals as of the date first written above. SIGNED, SEALED & DELIVERED · THE CORPORATION OF THE CITY OF PICKERING Debbie Shields, City Clerk David Ryan, Mayor 5 SOLSTICE SPORT INC. Mike Slean Mark Reilly INVe have the authority to bind the corporation. 6 35. 38 Report PLN 07-17 Subject: City Initiated Zoning By-law and Urban Design Guidelines April 11 , 2017 Page 2 The new standalone City Centre Zoning By-law achieves Council's vision for the City Centre while at the same time being flexible in terms of use and development standards to address the anticipated long-term build-out of the City Centre lands. Staff recommend that Council enact the City Centre Zoning By-law and approve the City Centre Urban Design Guidelines as set out in Appendix I and Appendix II respectively to this report. Financial Implications: No direct cost to the City are anticipated as a result of the proposed amendment. 1. Background On January 9, 2017, Planning & Development Committee endorsed the January draft City Centre Zoning By-law and authorized staff to finalize and forward the recommended Zoning By-law to Council for enactment at such time as the Krosno Creek Natural Heritage System Zone boundary has been agreed to by the City, the Toronto and Region Conservation Authority (TRCA) and the Downtown South Pickering Landowners Group. The Planning & Development Committee also endorsed the January draft City Centre Urban Design Guidelines and recommended that the final Guidelines be brought forward for approval with the recommended Zoning By-law. At the January 9, 2017 Planning & Development Committee meeting, and following this meeting, the City received additional comments on the City Centre Zoning By-law and the accompanying Urban Design Guidelines. City Development staff have held meetings with various landowners to discuss the zoning by-law and the contents of verbal and/or written comments received. Comments received mostly related to administrative, technical and site-specific matters. City staff have met with the following landowners: • Unique Holding and 147555 Ontario Limited, represented by Weston Consulting (1482 Bayly Street) • BMC Bayly Park Inc., represented by Norstar/Concordian Group of Companies (1400, 1410 and 1420 Bayly Street) • OPB Realty (20Vic Management Inc.), represented by JKO Planning Services (Pickering Town Centre-1355 Kingston Road) • Loblaw Properties Limited (Loblaw) and Choice Properties REIT, represented by Zelinka Priamo Ltd. (1792 Liverpool Road) • KS Brookdale Centre/KingSett Capital, represented by Aird & Berlis LLP (on the west side of Liverpool Road immediately north of Highway 401 ), and • Daniels LR Corporation, represented by The Biglieri Group (1505 Kingston Road) A summary of the new comments received and staff's response to each comment is contained in Appendix Ill to Report PLN 07-17. Report PLN 07-17 April 11, 2017 Subject: City Initiated Zoning By-law and Urban Design Guidelines Page 3 2. Toronto and Region Conservation Authority The Downtown South Pickering Landowners Group (landowners adjacent to the Krosno Creek) has been working with TRCA staff to address natural heritage matters associated with the Krosno Creek. TRCA has advised that they are satisfied with the development limits as proposed by the Downtown South Pickering Landowners Group subject to the landowners satisfying the following conditions for lifting the "H"-Holding Symbol: • the preparation of an Environmental Impact Study and a detailed engineering design and restoration plan for the rehabilitation of the Krosno Creek valley corridor • the execution of an Agreement to ensure that the restored and rehabilitated Krosno Creek valley corridor, including lands within 6 metres from the long-term stable top of bank, will be conveyed into public ownership upon completion of the works, to the satisfaction of the City of Pickering The zoning schedules have been revised to reflect the Krosno Creek Natural Heritage System Zone boundary as agreed to by TRCA and the Downtown South Pickering Landowners Group, and the text for the H6 Holding Provisions has been revised in accordance with TRCA's recommended conditions. The Downtown South Pickering Landowners Group has advised City Development staff that they concur with TRCA's recommendations. TRCA has also reviewed the endorsed City Centre Zoning By-law and has provided additional comments for the City's consideration. TRCA has recommended that the "kiosks" and "stormwater management facilities" should not be included as permitted uses in the Natural Heritage System (NHS) Zone. Given the limited buffer width along Pine and Krosno Creeks, infrastructure and structures within the NHS Zone should be minimized. City Development staff concur with TRCA's recommendation and has removed th.e requested uses from the NHS Zone category. The endorsed City Centre Zoning By-law requires above-grade buildings and structures to be set back a minimum of 4 metres from a NHS Zone boundary, but permits below-grade structures to be located immediately adjacent to th.e publicly-owned NHS Zone boundary. TRCA has indicated that they strongly recommend that below-grade structures be subject to the 4 metres setback requirements. The purpose of the 4 metres setback is to provide an area between the NHS zone boundary and the proposed building/structure to accommodate additional landscaping to enhance the NHS feature and to provide a maintenance area for above and below grade buildings and structures. TRCA has indicated that exempting below grade structures from the setback requirement will result in excavation of publicly owned hazard lands (which includes the long term stable top of bank plus 6 metres erosion access allowance) in order to undertake future maintenance of underground structures. This would possibly disturb public trails and vegetation, and may require encroachment or limiting distance agreements over the public lands. 39 40 Report PLN 07-17 April11, 2017 Subject: City Initiated Zoning By-law and Urban Design Guidelines Page 4 City Development staff recognize the importance of balancing the protection and enhancement of the natural features while providing for flexibility to facilitate a more urban and dense form of development that is anticipated within the City Centre .. This matter has been reviewed with the Downtown South Pickering Landowners. Based on their preliminary concept plans, it appears that there will be limited encroachment of below-grade structures within the 4 metre setback. Staff will continue to work with the landowners adjacent to the Pine and Krosno Creeks to minimize the encroachment of below grade structures into the buffer setback, require landowners to prepare plans demonstrating how below grade structures will be maintained in the future without disturbing vegetation or public trails, and require landowners to enter into any necessary encroachment or limiting distance agreements. 3. Pickering Town Centre The endorsed City Centre Zoning By-law identified the south part of the Pickering Town Centre (PTC) lands as subject to an "H" Holding Provision. The purpose for the "H" Holding Provision is to maintain the function of this part of the site as a stormwater retention area. The "H" -Holding Symbol would be removed once PTC has addressed following conditions: • the preparation of a comprehensive functional servicing and stormwater management plan to address stormwater and replacement flood storage on the lands, has been completed to the satisfaction of the City of Pickering • the execution and registration of an Agreement to ensure that any rede'l(elopment of the southerly parking lot or any part thereof, conforms to the comprehensive functional servicing and stormwater management plan Over the past few months, staff has had several discussions with 20Vic Management Inc. (20Vic), property managers of PTC, and their engineering consultants regarding an alternative approach that would protect the stormwater function, and negate the need for the holding provision. At this time, staff and 20Vic have not finalized a workable alternative approach that would maintain and protect the required storage volume on the PTC lands. 20Vic has submitted a letter, dated April 3, 2017, strongly objecting to the proposed "H"-Holding Symbol on the south part of the PTC lands. It is their opinion that the "H" -Holding Symbol would have the effect of sterilizing a significant portion of their lands by limiting their ability to facilitate any proposed redevelopment plan until such time as the City is prepared to lift the "H" -Holding Symbol. Staff will continue to work with 20Vic to achieve a satisfactory solution. Once an alternative approach has been agreed upon between staff and 20Vic, and any required agreements have been executed by 20Vic for the protection the stormwater retention area, staff will bring forward a by-law removing the "H" -Holding Symbol the PTC lands. Report PLN 07-17 Subject: City Initiated Zoning By-law and Urban Design Guidelines April 11, 2017 Page 5 4. Changes have been made to the City Centre Zoning By-law and Urban Design Guidelines to reflect staff responses to comments received In response to comments received from the landowners and TRCA, a number of administrative, technical and site-specific changes have been made to the City Centre Zoning and Urban Design Guidelines. The following key changes have been made to the Zoning By-law and Design Guidelines: • the final Natural Heritage System Zone Boundary for the Krosno Creek has been revised in accordance with TRCA's recommendation • Holding Provision H6 has been revised as requested by TRCA • the setback requirement to a Natural Heritage System Zone has been revised to exempt below grade structures from the 4.0 metre minimum setback from a Natural Heritage System Zone boundary • deleted "Kiosk" and "Stormwater Management Facilities" from the list of permitted uses within the NHS zone category • added "Park" as a permitted use within the NHS zone category provided that no buildings and structures associated with a park use are located within the NHS zone category - • provisions for "Main Wall Stepback for all Buildings Fronting a Street Line with a right-of-way width equal to and less than 18.0 metres" have been deleted • patio provisions have been revised to provide greater flexibility regarding their location, but prohibiting patios in any yard abutting an existing residential zones • additional clarification has been provided regarding the location of enclosed loading spaces • site-specific exception for the property at the southeast corner of Kingston Road and Valley Farm Road, owned by the Daniel's Corporation, to facilitate the development of a 23-storey seniors residence with approximately 415 units and 102, 3-storey stacked dwellings has been included in the zoning by-law • minimum number of bicycle parking space requirements for stacked dwelling, long-term care facility and retirement home have been added • provisions related to accessory dwelling units have been revised to specifically permit accessory dwelling units in detached dwelling, semi-detached dwelling and street townhouses, as well as require a minimum of three parking spaces to be provided on the property where the accessory dwelling unit is located • a number of technical changes have been made to several site-specific exceptions and holding provisions based on discussions with the various landowners 41 Recommended City Centre Zoning By-law Dated April 3, 2017 Appendix No. I to Report No. PlN 07-17 43 April 3, 2017 The Corporation of the City of Pickering Zoning By-law 7553/17 Pickering City Centre Zoning By-law 44 Table of Contents 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 Penal.ties ....................................................................................................... ,. ...... 4 1.9 Severability ............................ ; ......................... · ................................................... 4 1.10 Transitional Provisions ........................................................................................ 4 1.1 0.1 Building Permit Applications ............................................... : .................. 4 1.1 0.2 Recently Approved Planning Applications ............................................. 4 1.11 Establishment of Zones ....................................................................................... 5 1.11.1 Zones ........................ : .................. : ........................................................ 5 1.11.2 LocationofZones ................................................................. ~ ................ 5 1.12 Interpretation ........................................................................................................ 5 1.12.1 Zone Bo.undaries ................................................................... : ............... 5 1.12.2 Definitions ............................................................................................. 6 1.12.3 Public Acquisition or Conveyance ......................................................... 6 2.0 General Regulations ................................................................................................... 7 2.1 Prohibited Uses .................. ~ .................................. _ ................... ~ ......................... 7 2.2 Public Uses Permitted in All Zones ..................................................................... 7 2.3 Utilities Permitted in All Zones ............................................................................ 7 2.4 Permitted Encroachments .................................................................................. 7 · 2.5 Legal Non-Conforming Uses ................... ~ .......................................................... 8 2.6 Legal Non-Complying Buildings or Structures ......................................... ; .......... 8 2.7 Accessory Dwelling Unit ......... : ........................................................................... 8 · 2.8 Home-Based Business .................................... , ................................................... 9 2.9 Accessory Bu'ildings and Structures ................................................................. 10 2.10 Live Work Dwelling ........................................................................................... 10 2.11 . Patios .............................................................................................................. · .. 11 2.12 Temporary Sales Office .................................................................................... 11 2.13 Yards Abutting Daylight Triangles ..................................................................... 11 2.14 Satellite Dish Antenna ...................................................................... ; ............... 11 2.15 AirConditioners ....................................................................... : ........................ 12 2.16 Human Habitation Not Within Main Buildings ....................................... ~ ........... 12 2.17 Waste Management. ................................................................................. : ....... 12 2.18 Highway 401 Corridor Setback ......................................................................... 12 · 2.19 Natural Heritage System Zone Setback ............................................................ 12 2.20 Rooftop Mechanical Equipment and Mechanical Penthouses ........................... 12 City Centre Zoning By-law-April 3, 2017 i 45 46 3.0 Parking Regulations .................................................................................................. 13 3.1 Parking Space Requirements ........................................................................... 13 3.2 Rounding Provisions ......................................................................................... 14 3.3 Accessible Parking Requirements .................................................................... 14 3.4 Parking for Multiple Uses on One Lot ............................................................... 14 3.5 Parking Off-Site ................................................................................................ 15 3.6 Size of Parking Spaces and Aisles ................................................................... 15 3.7 Surface Parking Spaces ............................... : ................................................... 15 3.8 Parking Structures ............................................................................................ 16 3.9 Bicycle Parking Space Requirements ............................................................... 16 3.10 Restrictions on the Parking and Storage of Vehicles ........................................ 17 3.11 Loading Standards ............................................................................. _ ............... 18 4.0 Permitted Uses and Zone Regulations .................................................................... 19 4.1 Permitted Uses ................................................................................................. 19 4.2 Zone Regulations .............................................................................................. 21 4 .2.1 Calculation of Landscaped Area ......................................................... 23 5.0 Definitions .................................................................................................................. 24 6.0 Exceptions ................................................................................................................. 37 7.0 Holding Provisions .......................................................................... _ .......................... 50 8.0 Schedules ...................................................................................................... : ........... 55 Schedule 1 City Centre Lands Schedule 2 Land Use Categories Schedule 3 Minimum Floor Space Index (FSI) Schedule 4 Minimum Building Height Schedule 5 Maximum Building Height Schedule 6 Active At Grade Frontages Schedule 7 Exceptions Schedule 8 Holding Provisions 9.0 Reading and Signatures ......... _ ................................................................................. .-64 City Centre Zoning By-law-April 3, 2017 ii How to Read and Use This By-law This section does not constitute a legal part of this By-law. 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 by-laws are encouraged to read this introduction. All properties within the boundaries of this Zoning By-law have a zone associated with them as shown on the schedules in Section 8. Each zone is subject to requirements and restrictions. 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 regulations, which apply to developm~nt in all zones. These general provisions address such matters as public uses, permitted encroachments, legal non-conforming uses, accessory dwelling units, home-based business, accessory buildings and structures, live work dwellings, patios and temporary sales offices among others. Section 3 contains parking regulations that apply to development in all zones. Section 4 sets out the permitted uses and zone regulations for each zone in a table format. A wide range of uses is permitted in each of the zones. It is the intent of this By-law to provide a broad range of uses throughout the City Centre lands. Section 5 sets out the defined terms within the Zoning By-law. Section 6 includes exceptions to the Zoning By-law for a number of existing developments within the City Centre lands. Section 7 establishes a series of Holding provisions which clearly outline the necessary studies, financial commitments and implementation steps that need to be undertaken before development can proceed. In some cases, these apply across the City Centre and in other cases to specific sites. Section 8 contains the schedules, 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; b) Locate the property on Schedule 2 -Land Use Categories, in Section 8, to identify the applicable zone category; , c) Review the permitted uses applicable to that zone as listed in Table 3 in Section 4; City Centre Zoning By-law-April 3, 2017 1 4 7 d) Review the zone regulations applicable to that zone as listed in Table 4 in Section 4, in association with Zoning By-law Schedules 3 to 6 in Section 8; e) Review the general provisions and parking regulations for the proposed use in Sections 2 and 3; f) Review Schedule 7-Exceptions, in Section 8, to determine if the property is located within an area subject to any applicable site-specific zoning exceptions listed within Section 6; g) Review Schedule 8-Holding Provisions, in Section 8, to determine if the property is located within an area subject to required studies or reports prior to development as listed in Section 7; and h) Contact the City to ensure information is accurate and whether the property is subject to any variances. 48 City Centre Zoning By-law-April 3, 2017 2 Section 1.0 1.0 Administration 1.1 Title This By-law may be cited as the "City Centre Zoning By-law". Reference to "Zoning By-law" and "this By-law" within this document shall mean the "City Centre Zoning By-law", unless otherwise specified. 1.2 Application This By-law applies to the City Centre lands in The Corporation of the City of Pickering as shown on Schedule 1 -City Centre Lands, in Section 8. The zone boundaries and zone regulations are shown on the zoning schedules, in Section 8, which are attached to and form part of this By-law. 1.3 Purpose 1.4 ' The purpose of this By-law is: a) to regulate the use of land, buildings and structures, and to regulate the construction and alteration of buildings and structures by statutory authority granted by the Planning Act; and b) to implement the policies within the Pickering Official Plan and the City Centre Urban Design Guidelines pertai11ing to the City Centre lands. Repeal of former By-laws The provisions of City of Pickering By-law 3036 and By-law 2511 and all amendments thereto, are hereby repealed insofar as they affect the lands covered by this By-law, as shown on Schedule 1-City Centre Lands, in Section 8. 1.5 Effective Date This By-law shall come into force the day that .it is passed, if no appeals are received. If appeals are received, the appealed portions shall come into force when all such appeals have been withdrawn or finally disposed of and the rest of the By-law shall come into force the day the By-law is passed. 1.6 Conformity and Compliance a) No person shall use any land, building or structure, or erect or alter any building or structure, after the passage of this By-law, except in conformity and compliance with the provisions of this By-law. b) Nothing in this By-law exempts compliance with other by-laws, legislation or the requirement to obtain any license, permission, permit, authority or approval required by this By-law, any other by-law or any other legislation. City Centre Zoning By-law-April 3, 2017 3 49 Section 1.0 1.7 Administration The Chief Building Official of the City of Pickering, or his or her designate, administers this By-law. 1.8 Penalties Any person who contravenes this By-law is guilty of offence and liable to fines under the Planning Act. This includes a director or officer of a corporation who knowingly contravenes this By-law. 1.9 Severability A court decision that one or more of the provisions of this By-law are invalid in whole or in part does not affect the validity, effectiveness or enforceability of the other provisions or parts of the provisions of this By-law. 1.10 Transitional Provisions 1.10.1 Notwithstanding Sections 1.4 and 1 .6 of this By-law, a building permit may be issued in accordance with Section 1.10 of this By-law. For the purposes of determining zoning compliance for matters covered by Section 1.10 of this By-law, the provisions of Zoning By-law 3036 and Zoning By-law 2511, and all amendments thereto, as it read on the effective date of this By-law shall apply. Building Permit Applications Nothing in this By-law shall prevent the erection of a building or structure for which an application for a building permit was filed on or prior to the effective date of this By-law provided the building permit application complies with the provisions of the applicable zoning by-law, Zoning By-law 3036 or Zoning By-law 2511, and all amendments thereto, as it read on the effective date of this By-law. 1.1 0.2 Recently Approved Planning Applications The requirements of this By-law do not apply to a lot where a complete Site Plan Application was received by the City of Pickering on or after January 1, 2016, and on or before the effective date of this By-law and a building permit for the applicable project has not yet been issued. 50 City Centre Zoning By-law-April 3, 2017 4 Section 1.0 1.11 1.11.1 Establishment of Zones Zones All lands covered by this By-law, as described in Section 1.2, are contained within one or more of these zones: Zone City Centre One City Centre Two City Centre Residential One City Centre Residential Two City Centre Civic Open Space Natural Heritage System Symbol CC1 CC2 CCR1 CCR2 CCC OS NHS 1. 11.2 Location of Zones 1.12 1.12.1 Zones are shown on the zoning schedules in Section 8. The lands within each zone are subject to the provisions of that zone, as well as the general regulations of this By-law. Interpretation Zone Boundaries a) If the zone boundary is shown in Section 8: i) 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; ii) As substantially following lot lines shown on a registered plan of subdivision, then the lot lines are the boundary; iii) As following a planned street or lane as outlined in the City of Pickering's Official Plan, the future right-of-way, once determined through a development agreement, is the boundary; or iv) As not being in accordance with the above provisions, then the zone boundary shall be scaled from the zoning schedules in Section 8. b) In addition to the above, if the zone boundary separates a lot into portions, each portion of the lot shall be used in accordance with the provisions of this By-law for the applicable zone. c) Where a lot is being proposed to develop in phases, each portion of the lot, within a phase of development, shall be used in accordance with the provisions of this By-law for the applicable zone. City Centre Zoning By-law-April 3, 2017 5 51 Section 1.0 1.12.2 1.12.3 d) If the zone boundary separates a Jot into portions, which includes a Natural Heritage System (NHS) Zone, the zone boundary may be redefined through an Environmental Assessment or equivalent comprehensive evaluation. Where the NHS Zone boundary is reduced or removed the zoning of the land formerly within the NHS Zone shall be interpreted to be in accordance with the immediately abutting zone. Where the NHS Zone boundary is increased the land formerly within the abutting zone shall be interpreted to be in accordance with the NHS Zone. Definitions a) Throughout this By-law, any italicized word is defined in Section 5 to provide clarity and ensure thatthe By-law and its intent are applied consistently. b) Where a use is defined, it shall not be interpreted to include any other defined use unless it is stated in the definition to the contrary. Public Acquisition or Conveyance Despite any other provision of this By-law, where, as a result of an acquisition of land by a public authority, such acquisition results in a contravention of this By-law related to zoning and parking regulations, then the lands so acquired shall be deemed to continue to form part of the lot upon which the building or buildings are located in determining compliance with this By-law. 52 City Centre Zoning By-law-April 3, 2017 6 Section 2.0 2.0 General Regulations 2.1 Prohibited Uses With respect to any lands to which this By-law applies, all uses are prohibited unless specifically permitted in this By-law. 2.2 Public Uses Permitted in All Zones a). Despite anything else in this By-law, the City of Pickering or Region of Durham or any of their local boards as defined in the Municipal Act, any communications or transportation system owned or operated by or for the City of Pickering or Region of Durham, and any agency of the Federal or Provincial Government, may, for the purposes of public service, use any land or erect or use any building or structure in any zone. b) This exemption for Public Uses in any zone shall not apply to: i) permit buildings or structures in the Natural Heritage System (NHS) Zone except for linear infrastructure and the uses otherwise permitted in the NHS Zone; ii) permit any outdoor storage, or a waste processing or waste transfer station; or iii) permit any land or building used by any local School Board, University or College. 2.3 Utilities Permitted in All Zones a) Despite anything else in this By-law, a utility company providing services in the form of communication/telecommunication, gas, hydro and cable television and other similar utility company, may use any land or erect or use any building or structure in any zone for the purpose of a utility service. b) This exemption for utilities in any zone shall not apply to: i) permit buildings or structures in the Natural Heritage System (NHS) Zone except for structures directly related to the utility and uses otherwise permitted in the NHS Zone; ii) permit any outdoor storage or contractor's yard; or iii) permit any land or building to be used for administrative offices, retail purposes, or vehicular or equipment maintenance. 2.4 Permitted Encroachments No part of any required yard or setback 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. City Centre Zoning By-law-April 3, 2017 7 53 Section 2.0 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. d) A bay, box or bow window, with or without foundation, having a maximum width of 4.0 metres may encroach into any required setback to a maximum of 0.6 metres or half the distance of the minimum required setback, whichever is less. 2.5 Legal Non-Conforming Uses a) A legal non-conforming use is a use of land and/or building that legally existed on the date this By-law came into effect under the Planning Act. To be legal, the use must have been permitted on the lands in the zoning by-law that was in effect before this By-law came into effect or if it was established 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 use of any land, building or structure for any purpose prohibited by this By-law if such land, building or structure was lawfully used for such purpose on the day of passing of this By-law, and provided that such land, building or structure continues to be used for that purpose. 2.6 Legal Non-Complying Buildings or Structures a) A legal non-complying building or structure Is a building or structure that was legally erected in a location it was in when this By-law came into effect under the Planning Act. To be legal, the location of the building or structure must have been authorized on the lands in the zoning by-law that was in effect before this By-law came into effect, or if it was erected before the first by-law for the City of Pickering or the by-law for the original Township was passed. b) A non-complying building or structure which existed legally prior to the passing of this By-law may be enlarged, repaired, renovated or reconstructed provided that the enlargement, repair, renovation or reconstruction: i) does not further increase the extent of a non-compliance; and ii) complies with all other applicable provisions of this By-law. 2.7 Accessory Dwelling Unit Despite any provision in this By-law to the contrary, in any zone that permits a detached dwelling, semi-detached dwelling or a street townhouse dwelling, an accessory dwelling unit is permitted within the detached dwelling, semi-detached dwelling or street townhouse dwelling provided: a) a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located b) the maximum floor area of an accessory dwelling unit shall be 100 square metres c) a home-based business is prohibited in either dwelling unit or a dwelling containing an accessory dwelling unit 54 City Centre Zoning By-law-April 3, 2017 8 · Section 2.0 2.8 Home-Based Business a) A home-based business is permitted within a dwelling unit provided the home-based business is used by the resident of the dwelling unit and the resident is either a sole proprietor, partner, shareholder, or officer of the company operating the home-based business, or an employee who uses their dwelling unit as their principal place of business. b) The following specific uses are prohibited in a home-based business: i) adult enterlainment establishment; ii) animal boarding establishment; iii) assembly, convention centre or conference hall; iv) commercial fitness/recreational centre; v) contractor's yard; . vi) datinglescorl service; vii) funeral home; viii) nightclub; ix) place of amusement; x) public bath/whirlpool; xi) restaurant; xii) retail store; xiii) taxi service; xiv) vehicle dealership; xv) vehicle repair facilities; xvi) veterinary clinic; xvii) warehousing; and xviii) wholesaling. 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 a dwelling unit may occupy is 25 percent of the finished floor area of that dwelling unit to a maximum of 50 square metres. e) No use or activity relating to a home-based business is permitted in a private garage or accessory building or structure, however, limited storage relating to a home-based business is permitted to the extent that it does not prevent the parking of the number of vehicles the private garage or accessory building or structure was designed to accommodate. City Centre Zoning By-law-April 3, 2017 9 55 Section 2.0 f) No outdoor storage or visible display relating to a home-based business is permitted. g) Customer or client parking is not required to be provided on the lot. h) External changes or alterations required for or relating to a home-based business which would change the overall residential character of the dwelling unit are not permitted. i) Despite the uses prohibited in a home-based business as specified in Section 2.8 b), the selling of products assembled or developed on the premises is a permitted use in a home-based business, and the sale and distribution of catalogue items is a permitted use in a home-based business provided that no catalogue items are stored on the premises. 2.9 Accessory Buildings and Structures 2.10 a) Accessory buildings and structures are permitted on a lot where a main building housing a principal permitted use, already exists or is under construction. b) Except as may be provided herein, accessory buildings and structures are only permitted to be erected in the rear yard and interior side yard. c) Accessory buildings and structures must be setback a minimum of 1.0 metre from all lot lines, except that the setback from the interior side or rear lot line may be reduced to 0.6 metres if there are no doors or windows on the wall of the accessory building or structure facing the interior side or rear lot line. d) No accessory building shall exceed a maximum building height of 3.5 metres. e) The total/of coverage of all accessory buildings shall not exceed 5 percent of the lot area. f) Human habitation is not permitted h1 an accessory building or structure. Live Work Dwelling a) The following specific uses are permitted in a live work dwelling: i) arl gallery/studio; ii) dry-cleaning distribution centre; iii) dwelling unit; iv) medical office v) office; vi) personal service shop; vii) restaurant; and viii) retail store. b) For any permitted use listed in 2.10 a) above, the minimum floor area within a dwelling unit is 50 square metres. 56 City Centre Zoning By-law-April 3, 2017 10 Section 2.0 2.11 Patios a) Patios are not permitted in any yard abutting a City Centre Residential One (CCR1) zone and City Centre Residential Two (CCR2) zone. b) Patios are not permitted on a balcony on any lot abutting a residential use. c) Patios shall not be considered as floor area and gross leasable floor area when calculating floor area and gross leasable floor area for the use it serves. d) Patios shall not exceed 50 percent of the gross leasable floor area of an associated restaurant. 2.12 Temporary Sales Office Temporary Sales Offices for the sale of lots or units are subject to the following: a) A temporary sales office shall not be permitted until an applicable plan of subdivision or condominium has received draft plan approval or the property is in a zone that permits the proposed development. b) A temporary sales office shall only be permitted for such period that work within a relevant plan of subdivision or condominium remains in progress, having not . been finished or discontinued for 60 days. c) A temporary sales office shall comply with the minimum setback provisions of the applicable zone. d) Parking spaces for a temporary sales office are to be located to the side and rear of the temporary sales office. e) Notwithstanding Section 4.2 b) of this By-law, minimum building height does not apply to a temporary sales office. 2.13 Yards Abutting Daylight Triangles 2.14 Where a lot abuts a daylight triangle, the setback provisions shall be measured as if the daylight triangle did not exist, provided all buildings are setback 0.6 metres from the daylight triangle with the exception of window sills, belt courses, cornices, eaves, and eave troughs which may project to within 0.3 metres of the daylight triangle. Satellite Dish Antenna Satellite dish antennae are permitted in any Zone provided that: a) the satellite dish does not exceed a maximum diameter of1.3 metres; and b) the satellite dish is not attached to the front fagade of the main building or any accessory building or structure in the front yard. City Centre Zoning By-law-April 3, 2017 11 57 Section 2.0 2.15 2.16 2.17 2.18 2.19 2.20 Air Conditioners Air conditioners are permitted on a lot provided they are located in the rear yard or interior side yard or on a balcony or roof. In addition, such units shall not be located any closer than 0.6 metres to an interior lot line and shall not be located on any easem·ents in favour of the City. Human Habitation Not Within Main Buildings No truck, bus, coach, street car body, railway car, mobile home, trailer or other vehicle shall be used for human habitation whether or not the same is mounted on wheels or other forms of mounting or foundations. Waste Management a) Waste shall be stored within a fully enclosed building, structure or partially in-ground structure and shall not be located: i) between the main wall of a building and any street line; and ii) within any landscaped area required by this By-law. b) Notwithstanding Section 2.18 a) above, waste storage temporarily provided for any construction, demolition or site alteration works is permitted anywhere on a lot. Highway 401 Corridor Setback Notwithstanding any other provision of this By-law, no building, structure, parking space, loading space, aisle or stormwater management facility shall be located above or below grade, within 14.0 metres of any lot line abutting the boundary of the Highway 401 Corridor. Natural Heritage System Zone Setback Notwithstanding any other provision of this By-law, any building, structure, parking space, loading space, or aisle located above established grade shall be set back a minimum of 4.0 metres from a Natural Heritage System Zone boundary. Rooftop Mechanical Equipment and Mechanical Penthouses a) Rooftop mechanical equipment, including any appurtenances thereto, that exceed a maximum height of 2.0 metres shall be fully enclosed within a mechanical penthouse. b) Rooftop mechanical equipment shall be set back a minimum of 5.0 metres from all edges of a roof. c) Notwithstanding Section 2.21 b) above, no setback is required if rooftop mechanical equipment is fully enclosed within a mechanical penthouse or screened by an architectural feature. · 58 City Centre Zoning By-law-April 3, 2017 12 Section 3.0 3.0 Parking Regulations 3.1 Parking Space Requirements Every building or structure erected, enlarged or used in accordance with the provisions of this By-law shall be provided with the minimum number of required parking spaces specified in Table 1. Table 1 -Minimum Parking Requirements Residential Uses Accessory Dwelling Unit 1.0 space per dwelling unit Apartment Dwelling 0.8 spaces per dwelling unit and an additional 0.15 of a space per dwelling unit for visitors Back-to-Back Townhouse Dwelling 1.75 spaces per dwelling unit and an additional 0.15 of a space per dwelling unit for visitors Block Townhouse Dwelling 1.75 spaces per dwelling unit and an additional 0.15 of a space per dwelling unit for visitors 1.5 spaces per dwelling unit plus 3 spaces per Live Work Dwelling 100 square metres gross leasable floor area (GLFA) of commercial use Stacked Dwelling 1.25 spaces per dwelling unit and an additional 0.15 of a space per dwelling unit for visitors Street Townhouse Dwelling 2.0 spaces per dwelling unit Detached Dwelling 2.0 spaces per dwelling unit Semi-Detached Dwelling 2.0 spaces per dwelling unit Non-Residential Uses · Art Gallery/Studio 3.5 spaces per 100 square metres GLFA Assembly, Convention Centre or 10.0 spaces per 100 square metres GLFA Conference Hall Cinema 1.0 space per 6 seats of permanent seating · Commercial Fitness/Recreational Centre 4.5 spaces per 100 square metres GLFA Community Centre 3.5 spaces per 100 square metres GLFA Day Care Centre 1.0 space per employee plus 3.0 spaces and an additional 1.0 space per classroom Dry-Cleaning Distribution Centre 3.5 spaces per 100 square metres GLFA Financial Institution 3.5 spaces per 100 square metres GLFA Food Store 3.5 spaces per 100 square metres GLFA Home-Based Business Not required Hotel 0.85 space per guest room and an additional 10.0 spaces per 100 square metres GLFA Library 2.5 spaces per 100 square metres GLFA Long-Term Care Facility 0.33 of a space per bed Museum 3.5 spaces per 100 square metres GLFA City Centre Zoning By-law-April 3, 2017 13 59 Section 3.0 Non-Residential Uses (continued) Nightclub 10.0 spaces per 100 square metres GLFA Office 2.5 spaces per 100 square metres GLFA Office, Medical 3.5 spaces per 100 square metres GLFA Park Not required Personal SeNice Shop 3.5 spaces per 100 square metres GLFA Place of Amusement 4.5 spaces per 100 square metres GLFA Place of Worship 10.0 per 100 square metres GLFA for any assembly area Private Club 4.5 spaces per 100 square metres GLFA Private Home Daycare Not required Restaurant 5.0 spaces per 100 square metres GLFA Retail Store 3.5 spaces per 100 square metres GLFA Retirement Home 0.2 of a space per unit plus 0.05 of a space per unit for visitors School, Commercial 3.5 spaces per 100 square metres GLFA School, Elementary 1.3 spaces per classroom School, Post-Secondary 1.0 space per 100 square metres GLFA School, Private 1.3 spaces per classroom Service and Repair Shop (non-vehicle) 3.5 spaces per 100 square metres GLFA Theatre 1.0 space per 6 seats of permanent seating Veterinary Clinic 3.5 spaces per 100 square metres GLFA 3.2 Rounding Provisions Where parking spaces are calculated by gross leasable floorarea, or similar calculation, and the required parking is a fraction, the number of parking spaces shall be rounded up to the nearest whole number. 3.3 Accessible Parking Requirements To be provided on-site in accordance with the requirements of the Traffic and Parking By-law 6604/05 as amended, or any successor thereto. 3.4 Parking for Multiple Uses on One Lot A shared parking formula may be used for the calculation of required parking for multiple uses on a lot. Shared parking is to be calculated in compliance with Table 2-Shared Parking Formula. All required parking spaces must be accessible to all uses participating in the shared parking arrangement and may not be reserved for specific users. The initial step in determining required parking for multiple uses on a lot is to calculate the parking requirement for each use in the development as if these uses were free-standing buildings. The parking requirement for each use is then multiplied by the percent of the peak period for each time period (i.e. noon), contained in Table 2-Shared Parking Formula. Each column is totaled for weekday and weekend. The highest figure obtained from all time periods shall become the required parking for the development. 60 City Centre Zoning By-law-April 3, 2017 14 Section 3.0 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 Cinema/Theatre 20 40 70 100 Hotel 70 70 70 100 Residential -Visitor 20 20 60 100 Type of Use Percentage of Peak Period (Saturday) Morning Noon Afternoon Evening Financial Institution/Office/Office, 10 10 10 0 Medical Food Store/Personal Service 80 100 100 70 Shop/Retail Store Restaurant 20 100 50 100 Cinema/Theatre 20 60 80 100 Hotel 70 70 70 100 Residential -Visitor 20 20 60 100 3.5 Parking Off-Site Required parking spaces for any non-residential use may be located on another lot within the lands/covered by this By-law, where a legal easement or an agreement exists. 3.6 Size of Parking Spaces and Aisles a) Parking spaces shall be a minimum of 2.6 metres in width and 5.3 metres in length, exclusive of any land used for access, maneuvering or similar purpose. b) Aisles within a parking lot shall be a minimum pavement width of 3.8 metres in width for one-way traffic and a minimum of 6.5 metres in width for two-way traffic. 3.7 Surface Parking Spaces The following surface parking provisions are required for on-site parking and access to drive aisles: a) all surface parking shall be located in the rear or interior side yards of buildings; b) a minimum 3.0 metre wide landscaped area shall be required and permanently maintained between any street line, daylight triangle or existing residential development and the parking spaces or aisles. City Centre Zoning By-law-April 3, 2017 15 61 .. Section 3.0 3.8 Parking Structures a) Parking structures located adjacent to any street line shall comply with the provisions for the main building in accordance with this By-law. · b) Parking structures constructed completely below established grade are permitted to encroach below public and private right-of-ways and public parkland. c) Stairs and air vents associated with a parking structure are not permitted in a front yard or exterior side yard. · d) Air vents constructed in association with an underground parking structure are permitted to project to a maximum of 1.2 metres above established grade no closer than 4.0 metres to a street line. · e) The parking of motor vehicles is prohibited in the first storey of an above grade parking structure for the first 9.0 metres of the depth of the parking structure measured in from the lot line along a street line with required active at grade frontages, as shown on Schedule 6 to this by-law. . . ' . f) Above ground parking structures that front onto a street line shall have a minimum ground floor height of 4.5 metres. 3.9 Bicycle Par~ing Space Requirements a) Bicycle parking spaces must be located on the same Jot as the use or building for which it is required. b) A maximum of 50 percent of the required bicycle parking spaces may be vertical spaces; the rest of the required spaces must be horizpntal spaces. c) Where the number ofbicyc/e parking spaces exceeds 50 spaces, a minimum of 25 percent of the total required must be located within: i) a building or structure; ii) a secure area such as a supervised parking lot or enclosure; or iii) bicycle lockers. -d) Where four or more bicycle parking spaces are provided in a common parking area, each space must contain a parking rack that is securely anchored to the ground and attached to a heavy base such as concrete. e) Dimensions: i) if located in a horizontal position (on the ground): a minimum length of 1.8 metres and a minimum width of 0.6 metres; ii) if located in a vertical position (on the wall): a minimum length of 1.5 metres and a minimum width of 0.5 metres. 52 City Centre Zoning By-law-April 3, 2017 16 Section 3.0 3.10 f) Minimum Number of Bicycle Parking Spaces: i) for Apartment Dwelling: 0.5 bicycle parking spaces per dwelling unit; · ii) for Stacked Dwelling: 1.0 bicycle parking space per dwelling unit; iii) for Long-Term Care Facility and Retirement Home: a minimum of 5 bicycle parking spaces iv) for non-residential uses: the greater of 2 or 1.0 bicycle parking space for each 1 ,000 square metres of gross leasable floor area or portion thereof. Restrictions on the Parking and Storage of Vehicles No person shall use any lot for the parking or storage of vehicles except in accordance with the following provisions: a) Number of Vehicles: A maximum of 4 vehicles, only 1 of which may be a trailer, are permitted to park on a driveway. b) Size of Vehicles: i) for those vehicles parked on any lot, the maximum permissible height is . 2.6 metres, and the maximum permissible length is 6.7 metres; ii) notwithstanding Section i) above, 1· vehicle parked on a driveway in a side yard or rear yard can be of a size up to a maximum permissible height of 3.5 metres, and a maximum permissible length of 8.0 metres; and iii) height is measured from the established grade immediately beside the vehicle up to the vehicle's highest point, which excludes lights, antennas and other such items ancillary to the vehicle's body. c) Location of Vehicles: No part of any front yard except a driveway is to be used for the parking or storage of vehicles and no vehicle is to encroach onto any road allowance. d) Inoperative Vehicles: The parking or storage of an inoperative vehicle is not permitted on any lot unless it is entirely within a fully enclosed building or structure. e) Construction Vehicles: The parking or storage of a construction vehicle or a commercial vehicle is not permitted, unless it is entirely within a fully enclosed building or structure. f) Oversize Vehicles: A vehicle that exceeds the maximum permissible vehicle size provisions of Section 3.10 b) is permitted to park temporarily on a lot for the sole purpose of delivering to, servicing or constructing the premises on that lot. City Centre Zoning By-law-April 3, 2017 17 63 Section 3.0 3.11 Loading Standards Where a loading space is provided, the following regulations apply: a) the minimum dimensions of a loading space are 3.5 metres in width and 12.0 metres in length, with a minimum vertical clearance of 4.2 metres; b) a loading space shall abut the building for which the loading space is provided; c) an unenclosed loading space located above established grade shall be set back a minimum of 10.0 metres from a street line; d) an enclosed loading space located above established grade shall comply with . the requirements of Section 4.2 b) of this By-law. 64 City Centre Zoning By-law-April 3, 2017 18 Section 4.0 4.0 Permitted Uses and Zone Regulations 4.1 Permitted Uses 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 Zone CC1 CC2 CCR1 CCR2 CCC OS NHS Residential Uses Access01y Dwelling Unit •(5) •(5) •(5) •(5) Apartment Dwelling • • • Back-to-Back Townhouse • (3) •(3) • • Dwelling Block Townhouse Dwelling • (3) •(3) 0 • Live Work Dwelling • • • Stacked Dwelling • (3) ·(3) • Street Townhouse Dwelling • (3) •(3) • • Non-Residential Uses Art Gallery/Studio • • • Assembly Hall • • Cinema • • Commercial Fitness/ • ( 1) • . • Recreational Centre Community Centre • • • • Community Garden • 0 • • • • Convention Centre or • • Conference Hall Day Care Centre . • • ( 1) • District Energy Facility • • • Dry Cleaning Distribution 0 • • ( 1) Centre Financial Institution 0 • Food Store • • • Home-Based Business • • • • Hotel • • Kiosk • • • • • Library • • • Long-Term Care Facility • • • Museum • • • Nightclub • Office • • • • • Office, Medical • • City Centre Zoning By-law-April 3, 2017 19 65 Section 4.0 Use Zone CC1 CC2 CCR1 CCR2 CCC OS NHS Non-Residential Uses (continued) Park • • • • • • Parking Structure • • Personal Service Shop • • • • Place of Amusement • Place of Worship • Private Club • • Private Home Daycare • • • • Restaurant • • Retail Store • • Retirement Home • • • School, Commercial • • School, Elementary, • •(2) Secondary School, Post-Secondary • • School, Private • • Service and Repair Shop • • Stormwater Management Facilities Theatre • • Veterinary Clinic • • Notes: 1. use shall be limited to the first two storeys of a building 2. maximum one located within this zone 3. use prohibited in areas designated as Active At Grade Frontages on Schedule 6 to this By-law 4. No buildings and structures shall be permitted · 5. use shall be permitted within a detached dwelling, semi-detached dwelling and street townhouse dwelling 6 6 City Centre Zoning By-law-April 3, 2017 •(4) 20 Section 4.0 4.2 Zone Regulations The regulations for the City Centre Zones are set out in Table 4, below: Table 4 -Zone Regulations a) Floor Space Index (FSI) i) minimum -as shown on Schedule 3 ii) maximum-5.75 b) Building Height i) minimum -as shown on Schedule 4 ii) maximum -as shown on Schedule 5 c) Building Height Adjacent to i) building height shall be limited by a 45-degree Grade Related Dwellings angular plane measured 7.5 metres from the property line of adjacent detached, semi-detached and street townhouse dwellings at a height of 10.5 metres above grade d) Building Setback from i) minimum -1.0 metre Street Line ii) maximum -4.0 metres iii) notwithstanding (ii) above, for residential buildings located outside the required Active At Grade Frontages, as shown bn Schedule 6 to this by-law, the maximum setback from street line shall be 6.0 metres iv) the maximum setback may be increased up to an additional 5.0 metres where the entire setback is used for publicly-accessible open space, in the form of a plaza or courtyard, and does not include parking or loading spaces e) Setback for Below Grade i) minimum-0.0 metres Parking Structures f) Podium Requirements for i) minimum height of a podium-10.5 metres Buildings greater than ii) maximum height of a podium-20.0 metres 37.5 metres g) Tower Floor Plates i) maximum tower floor plate for a residential building -850 square metres City Centre Zoning By-law-April 3, 2017 21 67 Section 4.0 h) Building Separation i) minimum -11.0 metres, except that the separation may be reduced to 3.0 metres if there are no primary windows or balconies on the wall facing the adjacent flanking building ii) minimum -18.0 metres for any portion of a building greater than 25.5 metres in height, except that the separation may be reduced to 11.0 metres if there are no primary windows or balconies on the wall facing the adjacent flanking building iii) minimum -25.0 metres for any portion of a building greater than 37.5 metres in height i) Main Wall Stepback for i) minimum main wall stepback-1.5 metres between Buildings equal to or less 4.5 metres and 15.0 metres in height on any than 37.5 metres in height building face abutting a street line j) Main Wall Stepback for i) minimum main wall stepback-3.0 metres from the Buildings greater than main wall of a point tower and the main wall of a 37.5 metres podium on any building face abutting a street line ii) minimum main wall stepback-3.0 metres between the top 6.0 metres and 18.0 metres of a point tower for buildings equal to and greater than 73.5 metres k) Balcony Requirements i) minimum depth -1.5 metres ii) notwithstanding Section 2.4 (c), balconies are not permitted to project beyond the main wall less than 10.5 metres in height above grade along any street line with required Active At Grade Frontages, as shown on Schedule 6 to this By-law I) Continuous Length of i) minimum -60 percent of the street frontage of a lot Buildings along a Street Line must be occupied by a building m) Buildings Requiring Active i) minimum -40 percent of the first storey of a At Grade Frontages non-residential building along any street line with required Active At Grade Frontages, as shown on Schedule 6 of this by-law, shall be comprised of openings and transparent glazing ii) a primary entrance door with direct and unobstructed access open to the public shall be incorporated into the wall of a building facing the street line iii) minimum ground floor height-4.5 metres 68 City Centre Zoning By-law-April 3, 2017 22 Section 4.0 n) Landscaped Area i) minimum -10 percent of the area of a lot o) Amenity Space i) minimum-2.0 square metres of indoor amenity Requirements for Aparlment space is required per aparlment dwelling unit: Dwellings ii) minimum-2.0 square metres of outdoor amenity space is required per apartment dwelling unit (a minimum contiguous area of 40.0 square metres must be provided in a common location) 4.2.1 Calculation of landscaped Area The minimum landscaped area requirement-is to be calculated as follows: a) to qualify for any minimum landscaped area requirement of this By-law, an individual area of landscaping provided on a lot shall have a minimum dimension of 3.0 metres by 3.0 metres; b) landscaping provided on a roof of a building shall be included in the calculation of required landscaped area on the lot, provided it meets the requirements of Subsection a) above. City Centre Zoning By-law-April 3, 2017 23 69 Section 5.0 5.0 Definitions "Accessory" m~ans 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 as the principle use, building, or structure. "Active At Grade Frontage" means the ground floor of a building facing a street line that is permeable, transparent and contains the primary entrance door for uses such as restaurants, food and retail stores and community uses. Emergency access doors; garage doors, services doors and loading doors are not permitted along the street line. "Adult Entertainment Establishment" means any premises or part thereof used in the pursuance of a business, if: i) entertainment or services that are designed to appeal to exotic or sexual appetites are offered or provided in the premises or part of the premises, and without limiting the generality of the foregoing, includes services or entertainment in which a principal feature or characteristic is nudity or partial nudity of any person; or ii) body rubs, including the kneading, manipulating, rubbing, massaging, touching. or stimulating by any means of a person's body are performed, offered or solicited in the premises or part of the premises, but does not include premises or part or them where body-rubs performed, offered or solicited are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered to do so under the laws of the Province of Ontario; or iii) adult videos are sold, rented, or offered or displayed for sale or rental, where the proportion of adult videos to other videos exceeds 1:1 0 "Aisle" means an internal vehicle route immediately adjacent to a parking space or loading space which provides vehicular access to and from the parking space or loading space, and is not a driveway. "Amenity Space" means the total passive or active recreational area provided on a lot for the personal, shared or communal use of the residents of a building or buildings, and includes balconies, patios, rooftop gardens and other similar features, but does not include indoor laundry or locker facilities. "Angular Plane" means an imaginary flat surface projecting over a lot, at an inclined angle measured up from the horizontal. "Animal Boarding Establishment" means a building, structure or part thereof, where dogs and cats and other domesticated animals, excluding livestock, are bred, raised, groomed, trained or kept for a fee on a temporary basis and may include outdoor facilities. 70 City Centre Zoning By-law-April 3, 2017 24 Section 5.0 "Cinema" means a premises where motion pictures are exhibited for public viewing. "Commercial Use" means any permitted use the primary purpose of which is to sell, lease or rent a product of service directly to the public, including but not limited to retail sales, entertainment services and personal or professional services; but shall exclude residential uses, an adult entertainment establishment and dating/escort setvice. "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 establishment, a casino or place of amusement as defined herein. "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. "Contractor's Yard" means a premises of any general contractor or builder where equipment and/or materials are stored or where a contractor performs shop or assembly work. "Dating/Escort Service" means a service providing companionship for and by individuals for profit or personal gain. "Day Care Centre" means: i) indoor and outdoor premises where more than five children are provided with temporary care and/or guidance for a continuous period but does not provide overnight accommodation and are licensed in accordance with the applicable Provincial Act; or ii) indoor and outdoor premises in which care is offered or supplied on a regular schedule to adults for a portion of a day but does not provide overnight accommodation. "Daylight Triangle" means an area free of buildings, structures, fences and hedges up to 0.9 metres in height and which area is to be determined by measuring, from the point of intersection of street lines on a corner lot, the distance required by this By-law along each such street line and joining such points with a straight line. The triangular-shaped land between the intersecting street lines and the straight line joining the points the required distance along the street lines is the daylight triangle. "Development Agreement" means an executed contract between a developer/property owner and the City of Pickering that is required in order to implement development and may include a subdivision agreement, site plan agreement, or other similar agreements for development. 7 2 City Centre Zoning By-law-April 3, 2017 26 Section 5.0 g) "Live Work Dwelling" means a townhouse dwelling or stacked dwelling, where the ground floor only, or part thereof, may be used for commercial use as permitted by this By-law, except that the basement may be used for storage for the commercial use, and where the commercial and residential components can be accessed by a common internal entrance. h) "Semi-Detached Dwelling" means a residential use building containing two attached principal dwelling Ltnits that are divided vertically, with each unit having frontage on a street, except where located within a planned unit development. i) "Stacked Dwelling" means a residential use building of four or fewer storeys in height containing three or more principal dwelling units where the units are divided horizontally and vertically, and in which each dwelling unit has an independent entrance to the interior. j) "Street Townhouse Dwelling" means a residential use building containing three or more attached principal dwelling units divided vertically and where all dwelling units are located on a street. "Existing" means existing as of the date of the enactment of the provision that contains that word. "Farmers' Market" means a building, part of a building or open area where a majority of the vendors shall be primary producers of agricultural prodiJcts grown within the Province of Ontario that are offered for sale directly to the general public, but may also feature other vendors who offer prepared foods and artisan crafts as well as provide entertainment and community information. "Financial Institution" means a building or portions of a building used for the purposes of administering or providing financial services to the public, other than exclusively through an automated banking machine. "Floor Area" means the total area of all floors of a building within the outside walls. "Floor Space Index" means the total gross floor area of all buildings on a lot divided by the total area of the lot on which the building is located, excluding any portion of the building located below grade, such as parking structures. "Food Store" means a premises that sells food and other non-food items, primarily on a self-service basis. "Frontage" means that part of a lot that abuts a street measured along the street line. "Funeral Home" means a building, or part of a building, used for furnishing funeral supplies and services to the public and includes facilities intended for the preparation of bodies for interment or cremation and may include visitation rooms and administrative offices. 7 4 City Centre Zoning By-law-April 3, 2017 28 Section 5.0 "Grade" or "Established Grade" means the average elevation of the finished level of the ground adjoining all exterior walls of a building. "Gross Floor Area" means the total area of each floor whether located above, at or below grade, measured between the exterior faces of the exterior walls of the building at each floor level but excluding any porch, veranda, cellar, mechanical room or penthouse, or areas dedicated to parking within the building. For the purposes of this definition, the walls of an inner court shall be deemed to be exterior walls. "Gross Leasable Floor Area" means the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floor areas if any; expressed in square metres and measured from the centre line of joint partitions and from outside wall faces. "Ground Floor" means the floor of a building at or first above grade. "Ground Floor Area" means the gross floor area only on the ground floor .. "Height" means the vertical distance between the established grade, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height level between eaves and ridge. When the regulation establishes height in storeys, means the number of storeys. The height requirements of this By-law shall not apply to roof top mechanical penthouses. "Home-Based Business" means the accessory use of a dwelling unit for an occupation or business, where the dwelling unit is the principal residence of the business operator. "Hotel" means a building, or group of buildings, each containing sleeping accommodation, catering primarily to the traveling public, for rent or hire for temporary lodging. Hotel may also include restaurant, public hall and ancillary retail uses which are incidental and subordinate to the primary hotel function and oriented to serve the hotel patrons. "Kiosk" means a building or structure with a maximum floor area of 12 square metres that provides complementary uses in a public or private operated open space zone. "Landscaped Area" means an outdoor area on a lot comprising trees, plants, decorative stonework, retaining walls, walkways, or other landscape or architectural elements, excluding aisles and areas for loading, parking or storing of vehicles. "Lane" means a thoroughfare not infended for general traffic circulation that provides means of vehicular access to the rear of a lot where the lot also fronts or flanks onto a street, or where a lot fronts onto public or private open space. The lane may be maintained by a condominium corporation as a private road condominium or by a government authority. City Centre Zoning By-law-April 3', 2017 29 75 Section 5.0 "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 Jot 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 pursuant to Provincial legislation consisting of assisted living units where a broad range of person care, support and health seNices are provided for the elderly, disabled or chronically ill occupants in a supeNised setting, and may include one or more common areas such as a dining, lounge, kitchen, and recreational area. "Lot" means a parcel of land fronting on a street, whether or not occupied by a building or structure. "Lot Area" means the total horizontal area of a lot. "Lot Coverage" means the total horizontal area of the part of the Jot area covered by all buildings above ground level. "Lot, Corner" means a lot sitl!ated at the intersection of two or more streets or upon two parts of the same street having ali angle of intersection not exceeding 135 degrees. "Lot Depth" means the horizontal distance between the front and rear lot lines. If the front and rear lot lines are not parallel, the Jot depth shall be measured by a straight line joining the mid-point of the front lot line with the mid-point of the rear lot line. Where there is no rear fot line, the lot depth shall be measured by a straight line joining the mid-point of the front lot line with the apex of the triangle formed by the side lot lines. "Lot Frontage" means the horizontal distance between the side lot lines of a lot measured at along a line parallel to and 6.0 metres distant from the front lot line. "Lot Line" means a line delineating any boundary of a lot. "Lot Line, Exterior Side" means the side lot line, which separated a lot from the street adjacent to it. "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 Jot line. "Lot Line, Interior Side" means a side lot line, which is not adjacent to a street. 7 6 City Centre Zoning By-law-April 3, 2017 30 Section 5.0 "lot line, Rear" means the Jot line opposite to, and most distant from, the front lot line, but where the side Jot 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/of lines, which join both a front lot line and a rear Jot line. "lot, Through" means a Jot bounded on opposite sides by a street. "Main Wall" means a primary exterior front, rear or side wall of a building, not including permitted projections. "Mobile Home" means a prefabricated building that is designed to be made mobile and is intended to provide permanent residence but does not include any trailer otherwise defined in this By-law. "Motor Vehicle" means an automobile, motorcycle, recreational vehicle, trailer, and any other vehicle propelled, towed or driven otherwise than by muscular power. "Museum" means premises used for the exhibition, collection and/or preservation of objects of cultural, historical or scientific interest for public viewing. "Nightclub" means a place where food or drink may be served, and where the primary function is the provision of theatrical performances, pre-recorded music, or live musical entertainment, whether such music is provided for listening or dancing by the patrons, or any combination of the above functions, but does not include a restaurant or an adult entertainment establishment. "Office" means a building or part thereof, wh.ere administrative and clerical functions are carried out in the management of a business, profession, organization or public administration but shall not include a medical office. "Office, Medical" means a premises designed and used for the diagnosis, examination, and medical, surgical or physiotherapeutic treatment of human patients, and which may 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, Private" means an area of land not under the jurisdiction of a public authority that is designed or maintained for active or passive recreational purposes. "Park, Public" means an area of land under the jurisdiction of a public authority that is designed or maintained for active or passive recreational purposes and other uses authorized through an agreement with the City. City Centre Zoning By-law-April 3, 2017 31 77 Section 5,0 "Parking Area" means one or more parking spaces, including related aisles, for the parking or storage of vehicles. "Parking Garage" means a building, or part thereof, used for the parking of vehicles and may include any permitted use in the first storey, but shall not include any area where vehicles for sale or repair are kept or stored. A parking garage includes underground parking and a parking structure. "Parking Lot" means a lot or portion thereof provided for the parking of motor vehicles accessory or incidental to the main use. "Parking Space" means an unobstructed area of land that is accessible by an aisle, having access to a street or lane that is reserved for the purpose of the temporary parking or storage of one motor vehicle. "Parking Space, Bicycle" means an area used exclusively for parking or storing a bicycle. "Parking Structure" means a building or portion thereof, containing one or more parking spaces. "Patio" means an outdoor area where seating accommodation can be provided and/or where meals or refreshments are served to the public for consumption. "Personal Service Shop" means a premises used to provide personal grooming services or for the cleaning or care of apparel. "Place of Amusement" means a premises which are devoted to the offering of facilities for the playing of any game for the amusement of the public such as a billiard or pool rooms, bowling alleys, electronic games, indoor playground, miniature golf courses or roller skating rinks. "Place of Worship" means a facility the primary use of which is the practice of religion, but which may include accessory uses subordinate and incidental to the primary use such as classrooms for religious instruction, programs for community social benefit, assembly areas, kitchens, offices and a residence for the faith group leader. Other than a day care centre which shall be 'permitted, a place of worship shall not include a private school or residential or commercial uses. "Podium" means the base of a building, structure or part thereof located at or above established grade that projects from the tower portion of the building. "Point Tower" means a compact and slender building form. "Porch" means a roofed deck or portico structure with direct access to the ground that is attached to the exterior wall of a building. "Premises" means t.he whole or part of lands, buildings or structures, or any combination of these. 7 8 City Centre Zoning By-law-April 3, 2017 32 Section 5.0 "Primary Entrance Door" means the principal entrance by which the public enters or exits a building or individual retail/commercial unit or the resident enters or exits a dwelling unit. "Primary Window" means all windows except bathroom, hallway, closet or kitchen windows. "Private Club" means a meeting place by members of an association, club, cultural group or community group to conduct the activities of the association, and for social activities, cultural events, performances, or exhibitions. "Private Home Daycare" means a premises used for the temporary care of five children or less where such care is provided in a dwelling unit, other than the dwelling unit of a parent or guardian of any such child, for a continuous period not exceeding tw~nty-four hours. "Public Bath/Whirlpool" means indoor or outdoor premises where people may bathe, swim or lounge within pools or tanks of water. "Restaurant" means a building or part of a building where the principal business is the preparation of food and drinks for retail sale to the public for immediate consumption on or off the premises, or both on and off the premises but shall not include a night club. '~Retail Store" means a premises in which goods and merchandise are offered or kept for retail sale or rental to the public. "Retirement Home" means a building or part of a building providing accommodation primarily for retired persons where each private bedroom or living unit does not include a stove top and oven, does have a separate entrance from a common hall, and where common facilities and services_may be provided for the residents including personal services, the preparation and consumption of food, nursing services, common lounges, recreation rooms and ancillary support offices. "School, Commercial" means a building, or part thereof, where instruction of a skill is provided for profit and may include instruction in a trade, business, art, music, dance, cooking, athletic skill or any other specialized instruction but does not include a commercial fitness/recreational centre or a post-secondary school. "School, Elementary" or "School, Post-Secondary" means a place of instruction maintained and operated under the jurisdiction of a governmental authority. "School, Private" means a place of instruction (excepting a commercial school or private career college) offering courses equivalent to those customarily offered in an elementary school or secondary school. "Self-Storage Facility" means a building consisting of individual self-contained units that are leased or owned for the storage of personal property and/or household goods. City Centre Zoning By-law-April 3, 2017 33 79 Section 5.0 "Service and Repair Shop" means a premises for the servicing, repairing or renting, of articles, goods or materials but shall not include any vehicle, recreational vehicle or boat. "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. "Storey'' means that portion of a building other than a basement, cellar, or attic, included between the surface of any floor, and the surface of the floor, roof deck or ridge next above it. "Storey, First" means the storey with its floor closest to grade and having its ceiling more than 1.8 metres above grade. "Street" means a public highway but does not include a lane or a King's Highway (Highway 401 ). Where a 0.3 metre reserve abuts a street, or where a daylight triangle abuts a street, for the purposes of determining setbacks the street shall be deemed to include the 0.3 metre reserve and/or the daylight triangle, however, nothing herein shall be interpreted as granting a public right of access over the 0.3 metre reserve or as an assumption of the 0.3 metre reserve as a public highway for maintenance purposes under the Municipal Act. "Street Line" means the dividing line between a lot and a street. "Street, Private" means: a) a right-of-way or roadway that is used by vehicles and is maintained by a condominium corporation; b) a private road condominium, which provides access to individual freehold lots; 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. "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. 80 City Centre Zoning By-law-April 3, 2017 34 Section 5.0 "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 to be erected on the lot. "Theatre" means a premises used for the rehearsal or performance of the performing arts, such as music, dance or theatre. "Tower" means the storeys within that portio!'} of a building or structure or part thereof located above the podium. "Tower Floor Plate" means the average floor area of all storeys within that portion of a building or structure or part thereof located above the podium, measured to the exterior faces of exterior walls of each storey of a building or structure. "Uncovered Platform" means an attached or freestanding structure not covered by a roof, which is located on the same level as or lower than the first storey of the building associated with the platform. "Utilities" means an essential public service such as electricity, gas, television or communications/telecommunications that is provided by a regulated company or government agency. "Vehicle Dealership" means an establishment engaged in the sale, lease and display of motor vehicles. "Vehicle Repair Facilities" means an establishment engaged in repairing of motor vehicles, service station, repair garage, car washing establishment or gas bar. "Veterinary Clinic" means a building or part of a building providing the services of a veterinarian, and facilities for the medical treatment, examination, surgery, diagnosis, grooming, general health care, and observation of domestic animals and birds. "Warehousing" or "Logistics" means the indoor housing or storage of goods, wares, merchandise, food-stuffs, substances, articles, or things before wholesale distribution to a retailer. "Waste Transfer 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. "Yard" means any open, uncovered, unoccupied space appurtenant to a building. City Centre Zoning By-law-April 3, 2017 35 81 Section 5.0 "Yard, Exterior Side" means a side yard adjacent to a street. "Yard, Front" means a yard extending across the full width of the lot between the front lot line and the nearest wall of any main building on the lot for which the yard is required. "Yard, Interior Side" means a side yard not adjacent to a street. "Yard, Rear" means a yard extending across the full width of the lot between the rear lot line and the nearest wall of any main building or structure on the lot for which the yard is required. "Yard, Side" means a yard extending from the front yard to the rear yard between the side lot line and the nearest wall of any building or structure on the lot for which the yard is required. 82 City Centre Zoning By-law-April 3, 2017 36 · Section 7.0 6.0 Exceptions Notwithstanding any other provisions of this By-law, the following exceptions shall apply to the lands as shown in Section 8, Schedule 7-Exceptions. All other provisions of this By-law shall continue to apply to the lands subject to this section. E1 (Part of Lot 23, Concession 1) Parent Zone: CC1 Schedule 7 Amending By-law: N/A 6.1.1 Additional Permitted Uses The following additional use is permitted: a) Outdoor Storage associated with a Garden Centre Use 6.1.2 Zone Provisions The following regulations apply: a) Minimum Building Height 10.5 metres and 2 functional storeys b) Maximum size of outdoor storage associated with 1,900 square metres a garden centre use c) Minimum number of required parking spaces for 0 parking spaces outdoor storage associated with a garden centre use ---· c) Total number of required parking spaces that can 90 parking spaces be reduced while the outdoor storage associated with a garden centre use is operating d) Maximum duration outdoor storage associated Between April 1st and August 1st with a garden centre use shall be permitted to within a calendar year operate outdoors 6.1.3 Special Site Provisions The following C!dditional provision applies: a) Section 4.2 1), related to Continuous Length of Buildings along a Street Line, shall not apply to any building or structure fronting Liverpooi'Road. · b) Additions or expansions to existing buildings or structures shall be permitted provided that such additions or expansions shall not exceed 1 0 percent of the gross floor area of all existing buildings and structures as legally existed on the effective date of this By-law. c) For the purpose of calculating floor Space Index for new buildings, the area ofthe lot shall be equivalent to the ground floor area of the new building. City Centre Zoning By-law-April 3, 2017 37 83 Section 7.0 d). Section 4.2 a), related to Floor Space Index, and Section 4.2 b) and Section 6.1.2 a), related to Building Height, shall not apply to any additions or expansions to existing buildings and structures as legally existed on the effective date of this By-law. e) Notwithstanding Section 4.2 m) ii), related to Buildings Requiring Active At Grade Frontages, a primary entrance door with direct and unobstructed access open to the public shall be incorporated into the wall of a building either facing or visible from the Kingston Road street line. E2 (Part of Lot 23, Concession 1, Part 2, Parent Zone; CC1 Plan 40R-4643) Schedule 7 Amending By-law: N/A 6.2.1 Additional Permitted Uses The following additional use is permitted: a) Automobile Service Station on' a lot where the use legally existed on the effective date of this By-law. 6.2.2 Definitions a) "Automobile Service Station" means an establishment where vehicle fuels, lubricants, and automobile-related accessories are offered for retail sale, and which also may include one mechanical car wash and limited convenience retail sales, but shall not include facilities for the repair and maintenance of vehicles, or facilities for the repairing or painting of vehicle bodies. ,, ___ b) "Mechanical Car Wash" means an establishment where facilities are provided for the washing and cleaning of vehicles using production line methods employing mechanical devices wholly enclosed within a building. 6.2.3 Zone Provisions The following regulations apply only to an automobile service station: a) Minimum Building Height As legally existing on the lot on the effective date of this By-law b) Minimum number of required parking spaces 1 0 parking spaces c) Maximum Gross Leasable Floor Area 360 square metres d) Maximum size of outdoor storage and display of 1 0 square metres convenience items 84 City Centre Zoning By-law-April 3, 2017 38 Section 7.0 E3 (Part of Lots 21 and 22, Concession 1) Parent Zone: CC1 Schedule 7 Amending By-law: N/A 6.3.1 Additional Permitted Uses The following additional uses are permitted: a) Farmers' Market b) Outdoor Sales and Display c) Vehicle Repair Shop on a lot where the use legally existed on the effective date of this By-law 6.3.2 . Definitions a) "Vehicle Repair Shop" means an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which accessories are sold and vehicle maintenance and repair operations are performed in return for remuneration, but shall not include a body shop or any establishment engaged in the retail sale of vehicle fuels. b) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade. 6.3.3 Zone Provisions The following regulations apply: -~ -----·--.. ~.-··- a) Minimum Building Height 10.5 metres and 2 functional storeys b) Maximum size of outdoor sales and display area 650 square metres permitted accessory only to a retail store having a gross leasable floor area in excess of 7,400 square metres c) Minimum number of required parking spaces for 0 parking spaces Farmer's Market operating outdoors c) Total number of required parking spaces that can 90 parking spaces be reduced while the Farmers' Market use is operating outdoors d) Maximum duration Farmers' Market shall be Between April 1st and October 1st permitted to operate outdoors within a calendar year e) An existing vehicle repair shop may only be permitted in conjunction with and as accessory to any retail store having a gross leasable floor area in excess of 7,400 square metres City Centre Zoning By-law-April 3, 2017 39 85 Section 7.0 6.3.4 Special Site Provisions The following additional provision applies: a) Additions or expansions to existing buildings or structures shall be permitted provided that such additions or expansions shall not exceed 10 percent of the gross floor area of all existing buildings and structures as legally existed on the effective date of this By-law. b) For the purpose of calculating Floor Space Index for new buildings, the area of the lot shall be equivalent to the ground floor area of the new building. c) Section 4.2 a), related to Floor Space Index, and Section 4.2 b) and Section 6.3.3 a), related to Building Height, shall not apply to any additions or expansions to existing buildings and structures as legally existed on the effective date of this By-law. E4 (Part of Lots 21 and 22, ~oncession 1) Parent Zone: CC1 Schedule 7 Amending By-law: N/A 6.4.1 Additional Permitted Uses The following additional use is permitted: a) Automobile Service Station on a lot where the use legally existed on the effective date of this By-law. 6.4.2 Definitions ---~---·-··----a) '{Automobile Service Station" means an establishment where vehicle fuels, lubricants, and automobile-related accessories are offered for retail sale, and which also may include one mechanical car wash and limited convenience retail sales, but shall not include facilities for the repair and maintenance of vehicles, or facilities for the repairing or painting of vehicle bodies. b) "Mechanical Car Wash" means an establishment where facilities are provided for the washing and cleaning of vehicles using production line methods employing mechanical devices wholly enclosed within a.building. 6.4.3 Parking Provisions The following parking regulations apply: a) Minimum number of required parking spaces for As legally existing on the lot on Automobile Service Station and Mechanical Car the effective date of this By-law Wash 8 6 City Centre Zoning By-law-April 3, 2017 40 Section 7.0 ES (Part .of Lot 20, Concession 1) Parent Zone: CCR1 Schedule 7 Amending By-law: N/A 6.5.1 Additional Permitted Uses The following additional uses are permitted: a) Detached Dwelling b) Accessory Dwelling Unit is permitted within an existing detached dwelling in accordance with Section 2.7 of this By-law 6.5.2 Zone Provisions The following regulations apply: a) Maximum Lot Coverage 50 percent b) Minimum Front Yard Setback 3.0 metres c) Minimum Interior Side Yard Setback 1.2 metres and 0.3 metres, on the side where dwellings on adjacent lots are attached, no interior side yard is required d) Minimum Exterior Side Yard Setback 2.7 metres e) Minimum Rear Yard Setback 6.0 metres f) Covered and unenclosed porches, verandahs and flankage entrance features not 1 exceeding 1.5 metres in height above established grade may project no more than:· A. 1.5 metres into any required front or rear yard B. 1 .0 metres into any required exterior side yard C. 0.6 metres into any required side yard h) A minimum of one private garage shall be provided per lot, any vehicular entrance of which shall be located not less than 6.0 metres from the front lot line City Centre Zoning By-law-April 3, 2017 41 87 Section 7.0 E6 (Part of Lot 20, Concession .1) Parent Zone: CC2 Schedule 7 Amending By-law: N/A 6.6.1 Zone Provisions The following regulations apply: a) Minimum Floor Space Index 1.5 b) Minimum Building Height 12.0 metres c) Minimum Landscaped Area between parking 2.5 metres spaces and existing residential development to the south 6.6.2 Parking Provisions The following parking regulations apply: a) Minimum Parking Requirement for Stacked 1.0 parking space per dwelling Townhouse Dwellings unit and an additional 0.2 of a space per dwelling unit for visitors E7 (Part of Lot 21, Concession 1) Parent Zone: CC2 Schedule 7 Amending By-law: N/A 6.7.1 Definitions a) "Build-to-Zone" means an area of land within which all or part of a building or buildings or part of a structure or structures are to be located. b) "Building Envelope" means the three-dimensional buildable area prescribed for a building by the regulations of this By-law. 6.7.2 Zone Provisions The following regulations apply: a) Buildings and structures shall comply with the minimum and maximum building envelope as shown on Figure 6.7.4 (a). b) A minimum of 70% of the build-to-zone must be occupied prior to the erection of any other buildings or structures on the subject lands. 6.7.3 Special Site Provisions The following additional provision applies: a) Section 4.2 d), related to Building Setback from Street Line, and Section 4.2 1), related to Continuous Length of Buildings along a Street Line, shall not apply to the subject lands. b) Notwithstanding Section 4.2 i), related to Main Wall Stepback for Buildings equal to or less than 37.5 metres in height, a minimum main wall stepback of 1.5 metres is required between 4.5 metres and 15.0 metres in height for that portion of a building located within the build-to-zone as shown on Figure 6.7.4 (a). 88 City Centre Zoning By-law-April 3, 2017 42 Section 7.0 E10 (Part of Lot 21, Concession 1) Parent Zone: CC2 Schedule 7 Amending B_y-law: N/A 6.1 0.1 Special Site Provisions The following additional provision applies: a) Notwithstanding Section 4.2 a) and Schedule 3, the total land area of the Jot as of the · effective date of this By-law shall be deemed to be a lot for the purposes of calculating Floor Space Index (FSI), as shown on Figure 6.1 0.2 (a). 6.1 0.2 Special Site Figures Figure 6.10.2 (a) \ 131.7m E E ~ N "! ~ N 2.5 Ha N 69.6m I ~ E ~ m N r-- / 65.7m BAYLY STREET 1' City Centre Zoning By-law-April 3, 2017 45 91 ' Section 7.0 E11 (Part of Lot 21, Concession 1) Parent Zone: CC2 Schedule 7 Amending By-law: N/A 6. f1.1 Special Site Provisions The following additional provision applies: a) Notwithstanding Section 4.2 a) and Schedule 3, the total land area of the lot as of the effective date of this By-law shall be deemed to be a lot for the purposes of calculating Floor Space Index (FSI), as shown on Figure 6.11.2 (a). 6.11.2 Special Site Figures Figure 6.11.2 (a) 65.8m ~ V) ~ ~ E 8i C() E =\ N C() !"---0.5 Ha N ~'-'- I / 65.8m BAYLY STREET 1' I v I 9 2 City Centre Zoning By-law-April 3, 2017 46 I Section 7.0 7.0 Holding Provisions H1 Notwithstanding any other provisions of this By-law, where a zone symbol is preceded by an open bracket and the letter "H" and a closed bracket, no person shall use any lot or alter or use any building or structure for any purpose except for existing lawful uses, located on the land or in existing buildings or structures, provided such use continue in the same manner and for the same purpose for which they were used on the day this By-law was passed. Council may pass a by-law to remove the (H) Holding Symbol, thereby placing the lands in the zone indicated by the zone symbol, when all of the applicable requirements have been met. (Block A and Block B, Plan M-998 and Parent Zone: CC1 Schedule 8 Part of Lot 22, Concession 1 (Parts 1 . to 16, inclusive, Plan 40R-7347)) Amendmg By-law: N/A 7.1 Conditions for Removal of the "H" The "H" symbol shall, upon application by the landowner, be removed by City Council passing a By-law under Section 34 of the Planning Act. The following conditions shall first be completed to the satisfaction of the City of Pickering: a) a block development plan, approved by City Council, has been prepared to demonstrate the orderly development of the lands providing details regarding such matters as: street and block pattern; pedestrian, landscape and open space connections; parking strategy; community uses such as parks, community centres and other public uses; public and private street right-of-way design; and phasing of the proposed development H2 (Part of Lot 23, Concession 1) Parent Zone: CC1 Schedule 8 Amending By-law: N/A 7.2.1 Only Permitted Uses Prior to Removal of the "H" For such time as the "H" symbol is in place, these lands shall only be used for the following: a) All uses permitted in the applicable Zone 7.2.2 Zone Regulations Prior to Removal of the ''H" For such time as the "H" symbol is in place, only the following shall be permitted: a) existing buildings or structures legally existing on the effective date of this By-law b) additions or expansions to existing buildings or structures shall be permitted provided that such additions or expansions shall not exceed 10 percent of the gross floor area of all existing buildings and structures as legally existed on the effective date of this By-law c) new buildings or structures, subject to the provisions of this By-law, provided that the maximum combined gross floor area shall not exceed 3,000 square metres 9 6 City Centre Zoning By-law-April 3, 2017 50 Section 7.0 7.2.3 Conditions for Removal of the "H" The "H" symbol shall, upon application by the landowner, be removed by City Council passing a By-law under Section 34 of the Planning Act. The following conditions shall first be completed to the satisfaction of the City of Pickering: a) a block development plan, approved by City Council, has been prepared to demonstrate the orderly development of the lands providing details regarding such matters as: street and block pattern; pedestrian, landscape and open space connections; parking strategy; community uses such as parks, community centres and other public uses; conservation and enhancement of natural features; public and private street right-of-way design; and phasing of the proposed development b) appropriate road infrastructure is in place or will be provided in conjunction with the development c) an Environmental Assessment or equivalent comprehensive evaluation of alternatives for flood remediation and a road crossing of the Pine Creek valley corridor, as identified on Schedule 2 of the Official Plan, has been completed to the satisfaction of the City of Pickering and the Toronto and Region Conservation Authority d) an Environmental Impact Study and a detailed engineering design and restoration plan for the rehabilitation of Pine Creek valley corridor has been completed to the satisfaction of the City of Pickering and the Toronto and Region Conservation Authority e) the execution of an Agreement to ensure that the Pine Creek valley corridor will be conveyed into public ownership upon completion of the works to the satisfaction of the City of Pickering and the Toronto and Region Conservation Authority f) appropriate arrangements have been made to the satisfaction of the City of Pickering and the Toronto and Region Conservation Authority to implement the recommendations of the Environmental Assessment or equivalent comprehensive evaluation City Centre Zoning By-law-April 3, 2017 51 97 Section 7.0 H3 (Part of Lot 23, Concession 1) Parent Zone: CC1 Schedule 8 Amending By-law: N/A 7.3 Conditions for Removal of the "H" The "H" symbol shall, upon application by the landowner, be removed by City Council passing a By-law under Section 34 of the Planning Act. The following conditions shall first be completed to the satisfaction of the City of Pickering: a) appropriate public road infrastructure is in place or will be provided in conjunction with the development b) an Environmental Assessment or equivalent comprehensive evaluation of alternatives for flood remediation and a road crossing of the Pine Creek valley corridor has been completed to the satisfaction of the City of Pickering and the Toronto and Region ConseNation Authority c) an Environmental Impact Study and a detailed engineering design and restoration plan for the rehabilitation of Pine Creek valley corridor has been completed to the satisfaction of the City of Pickering and the Toronto and Region Conservation Authority d) the execution of an Agreement to ensure that the Pine Creek valley corridor will be conveyed into public ownership upon completion of the works to the satisfaction of the City of Pickering and the Toronto and Region Conservation Authority e) appropriate arrangements have been made to the satisfaction of the City of Pickering and the Toronto and Region Conservation Authority to implement the recommendations of the Environmental Assessment or equivalent comprehensive evaluation H4 (Part of Lot 21 and 22, Concession 1) Parent Zone: CC1 Schedule 8 Amending By-law: N/A 7.4 Conditions for Removal of the "H" The "H" symbol shall, upon application by the landowner, be removed by City Council passing a By-law under Section 34 of the Planning Act. The following conditions shall first be completed to the satisfaction of the City of Pickering: a) a comprehensive functional servicing and stormwater management plan, to address stormwater and replacement flood storage on the lands, has been completed to the satisfaction of the City of Pickering b) the execution and registration of an Agreement to ensure that any redevelopment of the lands, or any part thereof, conforms to the comprehensive functional servicing and stormwater management plan 98 City Centre Zoning By-law-April 3, 2017 52 Section 7.0 HS (Part of Lot 21, Concession 1) Parent Zone: CC2 Schedule 8 Amending By-law: N/A 7.5 Conditions for Removal of the "H" The "H" symbol shall, upon application by the landowner, be removed by City Council passing a By-law under Section 34 of the Planning Act. The following conditions shall first be completed to the satisfaction of the City of Pickering: a) a block development plan, approved by City Council, has been prepared to demonstrate the orderly development of the lands providing details regarding such matters as: street and block pattern; pedestrian, landscape and open space connections; parking strategy; community uses such as parks, community centres and other public uses; public and private street right-of-way design; and phasing of the proposed development b) appropriate road infrastructure is in place or will be provided in conjunction with the development H6 (Part of Lots 21 and 22, Concession 1) Parent Zone: CC2 Schedule 8 Amending By-law: N/A 7.6 Conditions for Removal of the "H" The "H" symbol shall, upon application by the landowner, be removed by City Council passing a By-law under Section 34 of the Planning Act. The following conditions shall first be completed to the satisfaction of the City of Pickering: a) a block development plan, approved by City Council, has been prepared to demonstrate the orderly development of the lands providing details regarding such matters as: street and block pattern; pedestrian, landscape and open space connections; parking strategy; community uses such as parks, community centres and other public uses; conservation and enhancement of natural features; public and private street right-of-way design; and phasing of the proposed development b) a comprehensive transportation study has been conducted to assess the impact on the transportation system and appropriate road infrastructure is in place to support the development of the lands c) cost sharing agreements for matters such as community uses, public parks, municipal roads and infrastructure, are made between the participating landowners e) an Environmental Impact Study and a detailed engineering design and restoration plan for the rehabilitation of Krosno Creek valley corridor consistent with the Final Floodplain Rationalization Study for Krosno Creek, prepared by TMIG, dated February 2015 and the Krosno Creek Restoration Plan and Cross Section Drawings, prepared by Schaeffers, dated March 9, 2017 have been completed to the satisfaction of the City of Pickering and the Toronto and Region Conservation Authority. In addition, all Toronto and Region Conservation Authority comments 5-7, 8 :-22 and 23, dated February 27th, 2017 shall be addressed to the satisfaction of the Toronto and Region Conservation Authority City Centre Zoning By-law-April 3, 2017 53 99 Section 7.0 f) the execution of an Agreement to ensure that the restored and rehabilitated Krosno Creek valley corridor, to include 6.0 metres from the long-term stable top of bank, will be conveyed into public ownership upon completion of the works, to the satisfaction of the Ci~y of Pickering H7 (Part of Lots 20 and 21, Concession 1) Parent Zone: CC2 Schedule 8 Amending By-law: N/A 7.7 Conditions for Removal of the "H" The "H" symbol shall, upon application by the landowner, be removed by City Council passing a By-law under Section 34 of the Planning Act. The following conditions shall first be completed to the satisfaction of the City of Pickering: a) a block development plan, approved by City Council, has been prepared to demonstrate the orderly development of the lands providing details regarding such · matters as: street and block pattern; pedestrian, landscape and open space connections; parking strategy; community uses such as parks, community centres and other public uses; conservation and enhancement of natural features; public ~nd private street right-of-way design; and phasing of the proposed development b) a comprehensive transportation study has been conducted to assess the impact on the transportation system and appropriate road infrastructure is in place to support the development of the lands c) cost sharing agreements for matters such as community uses, public parks, municipal roads and infrastructure, are made between the participating landowners 1 00 City Centre Zoning By-law-April 3, 2017 54 Section 8.0 8.0 Schedules City Centre Zoning By-law-April 3, 2017 5~ 01 106 PICKERING CITY CENTRE ZONING BY-LAW SCHEDULE 5 LEGEND -Maximum Building Height 17 metres 47 metres 77 metres -122 metres Section 9.0 9.0 Reading and Signatures By-law passed this 11th day of April, 2017. David Ryan, Mayor Debbie Shields, City Clerk City Centre Zoning By-law-April 3, 2017 64 109A Recommended City Centre Urban Design Guidelines Dated Ap~il 3, 2017 Appendix No. II to Report No. PLN 07-17 110 . \ \ 112 Note: The illustration on the front page of this document is the Built Form Vision contained in the "Downtown Pickering: A Vision for Intensification and Framework for Investment" document, endorsed in principle by Council in July 2013. Table of Contents Introduction 1.1 The Community Vision for the City Centre ...................................................................... 2 1.2 Guiding Principles ............................................................................................................ 3 1.3 Background and Context ................................................................................................ 5 1.4 Purpose of the Guidelines ............................................................................................... 9 1.5 Organization of the Guidelines ........................................................................................ 9 1.6 How to use the Urban Design Guidelines ....................................................................... 11 Built Form 2.1 The Built Form Vision for the City Centre ...................................................................... 14 2.2 The Built Form Objectives ............................................................................................. 17 2.3 Site Design .................................................................................................................... 18 2.3.1 The Context ........................................................................................................ 18 2.3.2 Grading ............................................................................................................... 19 2.3.3 Building Placement and Orientation .................................................................... 19 2.3.3.1 The Street Edge ................................................................................... 19 2.3.3.2 Building Setbacks and Separations ..................................................... 21 2.3.3.3 Building Entrances ............................................................................... 22 2.3.4 Walkways ............................................................................................................ 23 2.3.5 Off-street Parking ................................................................................................ 24 2.3.5.1 Structured Parking ............................................................................... 24 2.3.5.2 Surface Parking ................................................................................... 26 2.3.6 Loading, Services and Utilities ............................................................................ 27 2.3.7 Landscape Design .............................................................................................. 28 2.3.8 Fences and Walls ................................................................................................ 30 2.3.9 Noise Attenuation ................................................................................................ 30 2.3.1 0 Site Lighting ....................................................................................................... 31 2.3.11 Signage ............................................................................................................... 32 2.4 Building Design .............................................................................................................. 33 2.4.1 Transition and Massing ....................................................................................... 33 2.4.2 Materials and Fa9ade Treatment ....................................................................... 37 2.4.3 Sustainable Design ............................................................................................. 38 City Centre Urban Design Guidelines: Table of Contents -April 3, 2017 113 2.4.4 Building Types ..................................................................................................... 39 2.4.4.1 Low-Rise Buildings .............................................................................. 39 2.4.4.2 Mid-Rise Buildings ................................................ , ............................. .41 2.4.4.3 Tall Buildings ........................................................................................ 42 2.4.4.4 Signature Buildings ............................................................................. .43 Mobility 3.1 Mobility Objectives -An Integrated Transportation System .......................................... 46 3.2 Pedestrians ............................................................................. ~ ...................................... 46 3.2.1 Pedestrian Zone .................................................................................................. 46 3.2.2 Paths and Mid-block Connections ...................................................................... 52 3.2.3 Pedestrian Crossings .......................................................................................... 53 3.2.4 Other Pedestrian Connections ............................................................................ 54 3.3 Cycling ........................................................................................................................... 55 3.3.1 Multi-Use Paths ........................................................ .' ........................................... 55 3.3.2 Cycling Lanes ..................................................................................................... 57 3.3.3 Shared Roadways ............................................................................................... 57 3.3.4 Other Cycling Facilities ....................................................................................... 58 3.4 Transit ............................................................................................................................ 59 3.4.1 Transit Corridors ................................................................................................. 59 304.2 Mobility Hub and Transit Junctions .................................................................... 61 3.4.3 Transit Stops ....................................................................................................... 62 3.5 Transportation Demand Management ........................................................................... 63 3.6 Freight. ........................................................................................................................... 64 3.7 On-Street Parking .......................................................................................................... 65 3.8 Motorists ....................................................................................................................... 66 3.8.1 Streets ................................................................................................................. 66 3.8.2 Elements of the Street ........................................................................................ 66 3.9 Street Types ................................................................................................................... 69 3.9.1 Major Streets ....................................................................................................... 71 3.9.2 Pedestrian Streets .............................................................................................. 75 3.9.3 Local Streets ...................................................................................................... 78 3.9.4 Private Streets and Laneways ............................................................................ 79 3.9.5 Special Streets .................................................................................................... 79 ii City Centre Urban Design Guidelines: Table of Contents-April 3, 2017 114 Public Realm 4.1 Public Realm Objectives -Establishing Gathering Places ........................................... 84 4.2 Gathering Places ........................................................................................................... 86 4.2.1 Civic Park ........................................................................................................... 86 4.2.2 Neighbourhood Parks ......................................................................................... 87 4.2.3 Passive Parks ..................................................................................................... 89 4.2.4 Squares ............................................................................................................... 90 4.2.5 Gateways ............................................................................................................ 91 4.2.6 Public Buildings ................................................................................................... 93 4.2.7 PublicArt ............................................................................................................. 94 City Centre Urban Design Guidelines: Table of Contents -April 3, 2017 iii 115 This page intentionally left blank. 116 118 Introduction 1.1 The Community Vision for the City Centre "Pickering City Centre will be a vibrant, sustainable, accessible and distinct city centre for all people and all seasons. It will be a place to inspire, a place to gather, a place to work, and a place to live, all in a compact and walkable environment" This Vision Statement was developed by the community through public workshops and open houses, and guides in words how the Pickering City Centre of the future should be designed. A place to inspire: Pickering City Centre will contain remarkable public spaces and great places for the citizens of Pickering to enjoy. These spaces will be green, comfortable and beautiful, enhancing the urban fabric, the natural environment, and experience of place. A place to gather: Pickering City Centre will be a destination for people of Pickering to gather, celebrate and play: to shop, be active, experience culture, dine, and attend outdoor events and festivals. The variety and quality of these options will help define the City Centre as Pickering's heart and soul. A place to work: The City Centre will be the epicentre of employment in Pickering, hosting a range of jobs in a diversity of settings. A place to live: People of different ages and incomes will enjoy housing choices and a high quality of life. City Centre residents will be able to enjoy close proximity to transit, their place of work, and the services that Pickering City Centre has to offer. ... All in a compact and walkable environment." 2 City Centre Urban Design Guidelines: Introduction-April 3, 2017 1.2 Guiding Principles The Vision Statement was the starting point for conceptualizing the long-term growth of the City Centre, as well as the basis for the following Guiding Principles. These Guiding Principles provide the foundation to direct new development and investment in the City Centre and inform the design guidelines in this document. • Reinforce the City Centre as the heart and soul of Pickering, through the continued location of services and cultural facilities, community expression and public art, and as the location for civic events. • Make the City Centre highly walkable, with new streets and pathways, a compact block pattern, traffic calming measures, and visually interesting streetscapes. • Encourage a mix of land uses to create vitality at all times of the day, by enhancing the range of activities, amenities and uses that will attract and serve all ages for all seasons. • Develop an exceptional public realm by creating a diverse network of open spaces for different types of activity, all within a five minute walking distance of every home and workplace. • Offer distinct living options, urban in format, and in close proximity to shopping, entertainment, culture and work. • Leverage transit investment by directing development to major transit stops and transfer points, and to transforming transit stops and transfer points into exceptional places. • Create bold entry-points to City Centre through design excellence in architecture, public art and public plazas at key gateway locations and areas of high visibility. • Demonstrate Pickering's commitment to sustainability through active transportation infrastructure, green design, pilot projects, and environmental education opportunities. • Make Pickering a great place to work, learn and shop through a diverse array of retail, office and work-at-home opportunities, business-related facilities, and amenities. • Position the City Centre to evolve over time by directing bolder, shorter term change to select locations, and ensuring new development respects existing communities. • Demonstrate Pickering's commitment to innovative design of a barrier-free and accessible City Centre. City Centre Urban Design Guidelines: Introduction-April 3, 2017 3 119 1.6 How to use the Urban Design Guidelines The guidelines bridge the gap between the Official Plan policies and the City Centre Zoning By-law. The guidelines are intended to assist in the preparation of development proposals within the City Centre, and will be implemented through Pickering's review of applications for Draft Plan of Subdivision, Zoning By-law Amendment and Site Plan Approval. Although the UDG expresses the City's design objectives, they do not preclude alternative options. As guidelines they offer flexibility in their application, provided that the overall intent of the UDG is being met. The City Centre Urban Design Guidelines document is multi-purpose and has been prepared for use by: • City Council: Council approved urban design guidelines help implement the City's Official Plan and articulate Council's design aspirations for redevelopment and intensification in the City Centre. • City Staff: will use the UDG in the design of City infrastructure projects and the review and approval of development applications in the City Centre. The City will also identify the key design priorities to development proponents during pre-consultation meetings. • Site Plan Advisory Committee: The UDG will be used by the Committee to review applications for Site Plan Approval within the City Centre. • Development Industry: The primary user of the UDG is the development industry, including developers and professional consultants. The guidelines are intended to provide understanding of the design objectives of the City and inform the design process. • The General Public: The UDG will be used to inform the general public on how the City, through the review of development applications, intends to achieve a high standard of urban design in the City Centre while maintaining the character of the neighbourhood. City Centre Urban Design Guidelines: Introduction -April 3, 2017 11 127 This page intentionally left blank. 128 6. New pedestrian and vehicular bridges crossing Highway 401 and, street connections to Bayly Street, Brock Road, Liverpool Road, and Kingston Road and an easterly extension of Pickering Parkway west of Liverpool Road, to create enhanced connectivity to and within the City Centre. 7. New destinations such as a new performing arts centre, seniors centre and convention centre that support and enhance the range of activities, amenities and economic vitality of the City Centre. City Centre Urban Design Guidelines: Built Form -April 3, 2017 15 131 148 2.3.11 Signage Signage in the City Centre shall comply with the City's Sign By-law and adhere to the following design guidelines: Guidelines 32 a) Signage should complement the site and building design and not clutter the City Centre streetscape. b) Buildings should be designed to include dedicated spaces for signage with an appreciation of the architectural features and the scale of the building. c) Wall mounted signage shall not cover any prominent architectural features or design detail on a fa~ade. d) Signage should be designed to have regard for pedestrian activities, vehicular needs, vistas, and contribute to the identity of a building or group of buildings. City Centre Urban Design Guidelines: Built Form -April 3, 2017 162 Mobility A vibrant City Centre is highly walkable, offering different opportunities to get to and around the City Centre for people living, working, and visiting. This section provides directions and guidelines to: balance conditions for all modes of transportation on existing streets; identify design directions for new streets as the City Centre redevelops over time; and create an integrated mobility network for pedestrians, cyclists and transit riders. Together these directions will assist the City in achieving a connected transportation system that is safe, comfortable, and intuitive, for all users. 3.1 Mobility Objectives-An Integrated Transportation System Pickering City Centre is the urban core and transit centre for Pickering and is identified as an Anchor Mobility Hub in Metrolinx's Regional Transportation Plan -the Big Move, and an Urban Growth Centre containing a Major Transit Station Area in the Province of Ontario's Growth Plan -Places to Grow. To this end, critical to the success of accommodating both residential growth and employment in the City Centre will be to plan for a transportation system that prioritizes active transportation and transit while accommodating other travel options. The Pickering City Centre transportation system includes an array of public and private infrastructure that will provide for a variety of modes. The transportation system will: • Provide a safe, convenient, and enjoyable environment for pedestrians and cyclists. • Support current and future transit services through building and site design, street typologies, and streetscape treatments. • Recognize the importance of Regional Roads as major carriers of local and regional vehicular traffic while ensuring their design responds to the City Centre context. • Provide additional travel options through the implementation of transportation demand management measures. • Incorporate design solutions for freight mobility that provide solutions for the delivery and movement of goods in the City Centre. • Offer a hierarchy of street types, with each type of street designed to serve its own mobility function and character objectives. 3.2 Pedestrians The City Centre is planned to be a compact, vital place where pedestrians should be able to walk between destinations in a comfortable, safe, and visually interesting environment. This section contains guidelines to develop a coordinated and continuous pedestrian network within the City Centre, illustrated in Figure 4. The proposed pedestrian network consists of: 3.2.1 Pedestrian Zone While all streets within the City Centre will be designed for the safety of pedestrians, certain streets will be designed with a primary focus on the pedestrian environment. 46 City Centre Urban Design Guidelines: Mobility-April3, 2017 182 3.8 Motorists As population and employment growth occurs in the City Centre, an enhanced and expanded mobility network will be necessary to manage vehicular traffic, support a full range of transportation choices, and create a walkable and transit-supportive environment. The planned street network builds on the existing street grid and plans for the introduction of a finer grain of urban blocks that, over time, will improve connections and access to and within the City Centre. The urban street and block pattern will contribute to a more walkable environment and support compact, mixed-use forms of development. Figure 7 illustrates a street network that will support the movement of people and goods within and through the City Centre. 3.8.1 Streets The street network includes existing streets and new streets which are required for adjacent development to proceed ("new rights-of-way"). New private streets shall provide for public access. Guidelines a) The layout of arterials and collectors shall attempt to maximize connections by establishing a fine grain of streets and blocks capable of dispersing traffic and reducing traffic volumes on primary streets. b) A finer grain network of streets and blocks will support urban development and accommodate balanced movements through and to the City Centre. c) New cui-de-sacs shall not be permitted within the City Centre. d) Where possible, driveways to individual businesses along streets should be consolidated or access relocated to rear service lanes. 3.8.2 Elements of the Street Streets are comprised of four key elements: the Pedestrian Zone, Parking, Cycling Treatment, and Travel Lanes. The Pedestrian Zone consists of the area between the edge of the property and the curb, including: • Sidewalk: a clear, generously sized sidewalk ensures walking is pleasant, safe and enjoyable. • Landscaping: create a shaded, comfortable street. Tree and understory plantings must have adequate soil, sunlight and water conditions for long-term survival. The landscaping area also has street furniture such as benches and bike parking. 66 City Centre Urban Design Guidelines: Mobility -April 3, 2017 3.9 Street Types In addition to carrying people and traffic, streets in Pickering City Centre must be understood as places themselves. This means that in addition to serving different functions, streets also will have a different character. Each street type's function and character informs how many traffic lanes they carry, width of sidewalks and plantings, design character, and the scale of buildings adjacent to them. The planned street network comprises of five street categories: • Major Streets • Pedestrian Streets • Local Streets • Private Streets • Special Streets The following table describes the general parameters for the pedestrian zone, landscaping, parking and cycling elements on a street. Major Street Pedestrian Local Streets Private Special Street Streets Streets Street Arterial Type A, Arterial Type C or Local Road Not Arterial Type C Designation B orC Collector Road designated or Local Road Pedestrian Zone Sidewalk Generally Generally Generally 1.5 Generally Generally 2.5 metres 2.5 metres to 2.0 metres 1.5 to 2.0 2.5 metres wide. Sidewalks wide. Sidewalks wide. Sidewalks metres wide. or wider, provided on provided on provided on In certain depending on both sides of both sides of the both sides of circumstances special nature the street. street. the street. sidewalks may of the street. be provided Sidewalks on only one provided on side of the both sides of street. the street. Landscaping Continuous Continuous Continuous row Continuous Continuous row of trees on row of trees of trees on both row of trees row of trees both sides of on both sides sides of Local may be on both sides Major Streets. of Pedestrian Streets and provided of Special May also be Streets. on one side of on one or Streets. complemented May also be service lanes. both sides with under complemented of Private storey planting. with under storey Streets. Hardy, low planting. maintenance planting in medians where applicable. City Centre Urban Design Guidelines: Mobility-April 3, 2017 69 185 186 Major Street Pedestrian Local Streets Private Special Street Streets Streets Parking and On-street On-street parking On-street Private Streets On.;.street Loading parking, loading provided on parking allowed provide parking and unloading one or both on one side of access to provided not permitted sides of the road. the street. loading/ in specific on Regional On-street loading unloading locations. arterials. and unloading areas. not permitted. Cycling Treatments On-street cycling Shared No special On-street Treatment which offer lanes with a roadways. treatment cycling separation minimum width provided. lanes with a or protection of 1.5 metres. minimum width from higher Buffered cycling of 1.5 metres. volumes and lanes to be Buffered speeds of traffic implemented cycling (e.g., multi-use where cycling lanes to be path, buffered lanes are implemented or separated proposed where cycling cycling lanes). adjacent to lanes are on-street parking. proposed adjacent to on-street parking. Travel Lanes 3.35 metres to 3.35 metres to 3.5 metres wide 3.5 metres 3.5 metres 3.5 metres wide 3.5 metres wide wide wide As the urban core of Pickering, the character of streets within Pickering City Centre will require special consideration in terms of signalized crossing frequency, speed limits, and design treatments. Each street type and corresponding cross-sections are described and illustrated in more detail in the following pages. As streets are realigned, extended, or undergo capital improvements, their design shall be guided by the mid-block cross-sections that follow. The mid-block cross-sections illustrated within these guidelines are conceptual and are to be detailed through future Environmental Assessment and other design studies, in accordance with recognized standards. If future cross-sections do not substantially comply with these figures, it must be demonstrated how the revised cross-sections can achieve the form, function and character described in this document. 70 City Centre Urban Design Guidelines: Mobility-April 3, 2017 3.9.4 Private Streets and Laneways In addition to municipal rights-of-ways, private streets and laneways will serve an important function within the City Centre, providing access and connectivity between points of interest and activity. Private streets will include two vehicular travel lanes, sidewalks on both sides of the street, and landscape areas. In support of visitor parking and active at-grade street frontages, parking on one side of the street shall be encouraged. The design of private streets illustrated in Figure 7, shall be determined through the preparation of block development plans or site plans. Laneways will be pedestrian-accessible routes that will permit direct access and loading from the rear and sides of development. Laneways will include two vehicular travel lanes, a sidewalk on one side of the street, and will be detailed through the preparation of block development plans or site plans. 3.9.5 Special Streets • The Esplanade South • Pickering Parkway Special Streets serve a specific function such as transit movement or placemaking functions. These will require specialized cross-sections that function primarily for their place-specific function and character. Special Streets include the Esplanade South, a ceremonial street that may be closed to traffic for special events and Pickering Parkway, a street that will provide a gateway to higher order transit services. As select areas for sustainability demonstration, green infrastructure design such as previous pavements, bio-swales, and rain-water collection trenches should, where possible, be incorporated into the design and reconstruction of special streets. City Centre Urban Design Guidelines: Mobility-April 3, 2017 79 195 Appendix No. Ill to Report No. PLN 07-17 Table 1 -Response to Comments Received on the endorsed City Centre Zoning By-law and City Centre Urban Design Guidelines 211 Table 1: Responses to Comments Received on the endorsed City Centre Zoning By-law and City Centre Urban Design Guidelines Commenter Comments Staff Response Recommended Changes Aird & Berlis on The proposed minimum FSI of 2.0, OPA 26 provides for a range of Staff recommend that the following behalf of Kingsett and minimum height of 6 storeys, is building heights for the entire City site specific exception be permitted Real Estate unrealistic, particularly as an interim Centre. To achieve the City's built on the subject lands: Investment Fund infill measure. Additionally, it is form vision, certain areas within the Exception E8-6.8.1 unclear how these targets align with City Centre are required to have OPA 26 which sets a lower FSI of taller building heights. The Vision "a) Minimum Floor Space 0.75 and a minimum height of 3 Document, endorsed by Council in Index-1.4" storeys. Request that Schedule 3 be 2014, indicates that buildings on the revised to extend the height west side of Liverpool Road and minimum of 10.5 metres that is immediately north of Highway 401 proposed on the parcel to the should have minimum building immediate north. heights greater than 6 storeys. Staff acknowledge that the subject lands are encumbered by an existing 6 metre wide sanitary storm sewer and a minimum 14 metre setback from the Highway 401 corridor. To allow flexioility to develop the lands in accordance with the City Official Plan policies and the Urban Design Guidelines, staff have no objection to providing a site specific exception reducing the minimum FSI requirement. The Kingsett parcel is subject to Exception E 1 does not apply to the None exception E1 on Schedule 7, which subject lands. would permit a minimum building height of 2 "functional storeys" with 3-storey massing. 1 -- Commenter Comments Staff Response Recommended Changes Aird & Berlis It is unclear how this exception (continued) should be read with the above requirement. Confirmation as to the interpretation of these two sections and how they may be read together would be of assistance to our client. The lifting of (H3) Holding Provision Based on discussion with the Holding Provision (H3) 7.3 a) has is subject to a number of items to be Kingsett, staff has agreed to provide been revised as follows: satisfied including: a comprehensive additional clarity regarding Holding block plan, appropriate road Provision (H3) 7.3 a). "a) appropriate public road infrastructure (including an EA for the infrastructure is in place or will be road crossing of Pine Creek), and In order to lift the (H3) -Holding provided in conjunction with the approvals from TRCA. As the EA for Provision, either the proposed road development" the road crossing and TRCA infrastructure (easterly extension of approval are entirely in the City's Walnut Lane) has to be constructed, control, our opinion is that the "H"-or appropriate arrangements/ Holding Provision is unreasonable as approvals need to be secured to our client will be unable to take any ensure that the proposed road steps to satisfy the conditions. infrastructure can be constructed at Moreover, certain infrastructure and the same time as any future associated approvals will be needed development occurs on the subject to facilitate development. For lands. example, the block plan would like be generated as part of the EA process. As such, it is our client's position that the "H"-Holding Provision is unreasonable and unnecessary in its current form. Section 3.0 Parking Regulations; Kingsett has advised that the None With respect to Long Term Care proposed parking rate of 0.33 of a Facility, our client seeks a parking space per bed appears to be standard of 0.4 spaces/unit vs 0.33 generally consistent and no longer per bed which is proposed. have any concerns with the proposed parking rate. 2 Commenter Comments Staff Response Recommended Changes Aird & Berlis It is our client's experience and None (continued) understanding that while couples may reside in a two bed unit within the facility, they are likely to have only one vehicle (if at all). The proposed minimum standard as found in the draft instrument is unrealistic and adds unnecessary cost for such units. Our client's opinion is that a The requirement for Active At Grade None townhouse dwelling should be Frontages is required along Liverpool permitted along Active At Grade Road, Kingston Road, Bayly Street, Frontages. Residential dwellings are Glenanna Road, and Pickering active uses and can animate the Parkway. Given that the subject street at all times of day rather than lands have limited frontage along only in typical commercial operating Liverpool Road and a 6 metre wide hours. storm sewer parallel to Liverpool Road, the requirements for Active At Grade Frontages was already exempted with this provision. Zelinka Priamo In our submission, the requirement Staff agree with the comment Staff Recommend that Section 2.11 Planning Ltd. on that "A patio shall only be permitted Provisions for patios have been -Patios be revised as follows: behalf of Loblaw within a yard abutting a street line or revised to provide greater flexibility "a) Patios are not permitted in any Properties Limited Natural Heritage System zone" does regarding their location and to ensure yard abutting a City Centre (Loblaw) and not provide sufficient flexibility for that new patios are not located Choice Properties patios that may be located internal to adjacent to existing residential Residential One (CCR 1) zone REIT the subject lands. properties. and City Centre Residential Two (CCR2) zone; b) Patios are not permitted on a balcony on any lot abutting a residential use; 3 "' CJ1 Commenter Zelinka Priamo Planning Ltd. (continued) Comments The defined term "interior side" is not included under the definitions. Based on our review of Section 3.7 a), the reference should likely be to "interior side yard". Section 3. 7 b), the requirement that "drive aisles and side yard parking shall not exceed 30 percent of the lot frontage" is inconsistent with the Draft Pickering City Centre Urban Design Guidelines dated December 2016. Section 2.3.5.2 a) of the Guidelines states "Any surface parking areas, drive-aisle and accesses will be located at the rear and sides of development and shall generally not exceed 30 percent of the total width of any street frontage of a lot. In our submission, Section 3.7 b) of the draft By-law should be removed as the· related guideline with flexibility is appropriate. Staff Response Recommended Changes c) Patios shall not be considered as floor area and gross leasable floor area when calculating floor area and gross leasable floor area for the use it serves; d) Patios shall not exceed 50 percent of the gross leasable floor area of an associated restaurant." Staff agree with the requested Staff recommend that Section 3.7 a) change. be revised as follows: "a) all surface parking shall be located in the rear or interior side yards of buildings;" Section 4.2 I) Continuous Length of Staff recommend that Section 3.7 b) Buildings along a Street Line, be deleted: requires that a minimum 60 percent "l:l) EIFive aisles aAEI siEie yaFEI f:jaFkiA§J of the street frontage of a lot must be occupied building. Given that shall Aot exceeEI 30 f:leFceAt of the lot another provision is included in the fmAtage;" by-law to regulate the percentage of street frontage to be occupied by a building, the requirements of Section 3.7 b) related to the maximum percent of drive aisles and side yard parking along a street frontage is not required. 4 N ~ ::ommenter Comments Staff Response Recommended Changes ~elinka Priamo For Section 4.2 (n), as outlined in our Staff agree with the requested. Staff recommend that the following Planning Ltd. comments dated December 9, 2016, site specific exception be permitted (continued) in order to implement OPA 26 Policy on the subject lands: 11.1 O.A(d)that City Council shall Exception E1 -6.1.3 "encourage street-facing facades to have adequate entrances and "e) Notwithstanding Section windows facing the street", to reflect 4.2 (m)(ii), related to Buildings the Draft Pickering City Centre Urban Requiring AcUve At Grade Design Guidelines Section 2.3.3.3(b) Frontages, a primary entrance that encourages primary entrances of door with direct and buildings along the street edge to unobstructed access open to the face the street, and to provide for public shall be incorporated into site-specific flexibility, we request the wall of a building either that a site specific exception be facing or visible from the . added in order to anticipate future Kingston Road street line." intensification on the subject lands. For Section 4.2.1 a) Calculation of · Staff disagree with the request to None Landscaped Area, we request that a provide a site-specific exception from site specific exception be added in the calculation of landscaped area on order to exempt the subject lands the subject lands. from the minimum dimension of 3.0m by 3.0m for an individual area of . The purpose of this provision is to landscaping to qualify for any ensure that appropriate.ly sized minimum landscaped area landscaped areas thatcan sustain requirement, in order to carry over vegetation and a clear formula is the minimum 10 percent landscaped used to determine the minimum area of a lot, which is applicable amount of landscaped area to be under By-law 1680-83, as amended provided on each property. and since in our submission, the calculation of landscaped area under Section 4.2.1 a) is onerous for the drafting of site plans. 5 Commenter Comments Staff Response Recommended Changes Furthermore, based on discussions with various landowners in the City Centre, they have specifically requested provisions to be included in the zoning by-law to determine how landscaped area is to be calculated to ensure a transparent formula is used across the City Centre. For Section 8, we note that the Staff agree with the requested The boundary of the subject lands as boundary of the Holding Provision change. identified on the Holding Provision "H2" does not reflect the full extent of "H2" has been revised to reflect the the subject lands. The correct full extent of the subject lands. boundary is reflected on Schedule 7 under Exception "E1 ". Zelinka Priamo The Street Edge Section 2.3.3.1 c) Section 2.3.3.1 c) in the City Centre Staff recommend that Section 2.3.3.1 Planning Ltd. states "Buildings along Major Streets, Urban Design Guidelines has been c) of the City Centre Urban Design (continued) Pedestrian Streets and Special revised to be consistent with the Guidelines be revised as follows: Streets shall have between 40 and requirements of Section 4.2 (n)(i) of "c) Buildings along Major Streets, Comments on 60 percent of transparent windows at the City Centre Zoning By-law. Pedestrian Streets and Special Urban Design street level, with clearly marked Streets shall have a minimum of Guidelines building entrances connected to the between 40 and 60 percent of public sidewalks in order to create transparent windows at street level, visual interest for pedestrians". The with clearly marked building word "shall' is inappropriately strong entrances connected to the public language for urban design guidelines sidewalks in order to create visual and should be replaced with more interest for pedestrians." flexible wording such as "are encouraged to". 6 N 00 Commenter Zelinka Priamo Planning Ltd. Comments on Urban Design Guidelines (continued) Comments Building Setbacks and Separations Section 2.3.3.2 a) states "Building setbacks may vary slightly from adjacent properties subject to a limited variance in range to maintain a visually consistent street edge". In our submission, the word "slightly" is not sufficiently flexible to address the local context of all sites within the City Centre. Walkways Section 2.3.4 c) states: "Clearly demarcated pedestrian walkways shall be provided on the edge of, or through, parking lots in order to minimize vehicular pedestrian conflict. This can be attained through covered pedestrian arcades or bollards." For additional clarity as to the need for arcades or bollards, we suggest that "This can be attained .... " should be changed to "This could be attained .... " Surface Parking Section 2.3.5.2 g) states "Planting strips, landscaping islands and coloured paving shall be used to minimize the visual impact of surface parking lots, to improve stormwater retention and to define vehicular routes and pedestrian walkways." The word "shall" is too strong for a guideline, words like "encourage" are more appropriate. Staff Response Recommended Changes Section 2.3.3.2 a) in the City Centre Staff recommend that Section 2.3.3.2 Urban Design Guidelines has been a) of the City Centre Urban Design revised to be consistent with the Guidelines be revised as follows: minimum and maximum building setback requirements of the City "a) Building setbacks may vary Centre Zoning By-law. between 1.0 metre and 4.0 metres sli§i':ltly fFOFA aejaeeAt f3FOJ3eFties subject to a limitee variaAce in raAge to maintain a visually consistent street edge." Staff agree with the requested Staff recommend that Section 2.3.4 change. c) of the City Centre Urban Design Guidelines be revised as follows: "c) Clearly demarcated pedestrian walkways should be provided along the edge of or through parking lots in order to minimize vehicular pedestrian conflict. This could eaR be attained through covered pedestrian arcades or bollards." Staff agree with the requested Staff recommend that Section 2.3.5.2 change. g) of the City Centre Urban Design Guidelines be revised as follows: "g) Planting strips, landscaped islands and colour paving should sfl-alt be used to minimize the visual impact of surface parking lots, to improve stormwater retention and to define vehicular routes and pedestrian walkways." 7 N <.0 Commenter Zelinka Priamo Planning Ltd. Comments on Urban Design Guidelines (continued) Comments Loading, Services and Utilities Section 2.3.6 b) states "Where loading areas are located to the side of a building, it should be screened from public view". We are requesting clarification that this applies to the view froni the street only as opposed to internally on site. Landscape Design Section 2.3.7 d) states "Landscape buffers or screening shall be designed and located to partially screen the view of surface parking lots, pedestrian entrances and primary building facades at street level." In the context of guidelines that encourage transparent windows and doors along the street, it is inconsistent to require screening of pedestrian entrances and primary building facades at street level. Landscape Design Section 2.3.7 j) states "Foundation planting shall be incorporated to soften the visual impact of continuous building mass along the street edge", which is inconsistent with the Building Setback and Separations guideline Section 2.3.3.2 c) that anticipates hard and soft landscaping between buildings and the front property line. The word "shall" is too strong for a guideline; words like "encouraged" are more appropriate. Staff Response Recommended Changes This guideline applies to views from None any publicly accessible area such as from public streets or public parks and open spaces. Staff agree with the requested Staff recommend that Section 2.3.7 change. d) of the City Centre Urban Design Guidelines be revised as follows: "d) Landscaped buffers or screening should sA-a-U be used designed and located to partially screen the view of surface parking lots., pedestfi.a-n- entFances and pFiFAaFy eui-~Gi-A-g facades at stmet level." Staff agree with the requested Staff recommend that Section 2.3.7 j) change. of the City Centre Urban Design Guidelines be revised as follows: "j) Foundation planting may sA-a-U be incorporated to soften the visual impact of continuous building mass along the street edge." 8 N N 0 Commenter Weston Consulting Planning and Design on behalf of Unique Holding and 1467555 Ontario Limited (1482 Bayly Street) Comments Staff Response Request that below grade structures Staff agree with the requested be permitted to encroach within the change. 4.0 metre setback from a Natural Heritage System Zone boundary. Request that loading spaces within a Staff agree with the requested fully enclosed structure located change. above grade comply with the minimum and maximum building setback requirements. Recommended Changes Staff Recommend that Section 2.19 -Natural Heritage System Zone Setbacks be revised as follows: "Notwithstanding any other provisions of this By-law, no building, structure, parking space, or loading space aisle eF steFm\.vateF management facilities located above eF belew established grade shall be lecated v.'ithin set back a minimum of 4.0 metres ef from a Natural Heritage System zone boundary." Staff recommend that Section 3.11 - Loading Standards be revised as follows: "Where a loading space is provided, the following regulations apply: a) the minimum dimensions of a loading space are 3.5 metres in width and 12.0 metres in length, with a minimum vertical clearance of 4.2 metres; b) a loading space shall abut the building for which the loading space is provided; 9 Commenter Comments Staff Response Recommended Changes Weston Consulting c) an unenclosed loading space Planning and located above established Design (continued) grade shall be set back a minimum of 10.0 metres from a street line; b~:~t may be J3eFR=JitteEI witl:liR tl:lis aFea if tl:le leaEiiR§J space is lecateEI eRtiFely \'Vitl:lin a stF~:~ct~:~r:e en a :fleeF a seve tl:le fiFst ster:ey eF eelevv estaelisl:leEI waee d) an enclosed loading space located above established grade shall comply with the requirements of Section 4.2 d) of this By-law" Request that the Building Stepback Staff agree with the requested Staff recommend that Section 4.2 (i) ·for Buildings equal to or less than change. (i) be revised as follows: 37.5 metres in height fronting a Street Line be reduced from 3.0 "(i) minimum main wall stepback- metres to 1.5 metres. M 1.5 metres seteack r:eq~:~iFeEI between ~oo 4.5 metres and §.tR sterey 15.0 metres in height on any building face abutting a street line". Request that Building Stepback for Staff acknowledge that Section 4.2 k) Staff recommend that Section 4.2 k) all Buildings Fronting a Street Line related to Building Stepback for all Building Stepback for all Buildings with a right-of-way width equal to and Buildings Fronting a Street Line with Fronting a Street Line with a right-of- less than 18.0 metres be deleted. a right-of-way width equal to and less way width equal to and less than than 18.0 metres would result in 18.0 metres be deleted. inefficient building designs and potentially restrict creative building designs, and agree to delete this provision. 10 Commenter Comments Staff Response Recommended Changes Weston Consulting Request that a Park use be permitted Staff agree with the requested use Staff recommend that the list of Planning and within a Natural Heritage System be included in the Natural Heritage permitted uses for the Natural Design Zone category. System Zone category. Heritage System (NHS) Zone be (continued) expanded to include a "Park", provided that no buildings or structures shall be permitted in the NHS zone. Norstar Group of The current definition of street line in Staff agree with the requested Staff recommend that the definition Companies the draft zoning by-law "means the change of Street Line be revised as follows: dividing line between a lot and street or private street". It is the inclusion "Street Line" means the dividing of "private street" in this definition line between a lot and a street ef that will cause potential private street. implementation issues within a number of provisions throughout the draft City Centre Zoning By-law as this term is defined to include condominium roads maintained by a corporation or privately. Recommend that the definition of "Street Line" be revised to eliminate "private street". Concerned that the step back Staff acknowledge that Section 4.2 k) Staff recommend that Section 4.2 k) provision in Section 4.2 (k) are related to Building Stepback for all Building Stepback for all Buildings extremely restrictive compared with Buildings Fronting a Street Line with Fronting a Street Line with a right-of- Section 4.2(i) and U). The a right-of-way width equal to and less way width equal to and less than implementation of such restrictive than 18.0 metres would result in 18.0 metres be deleted. building stepbacks would seriously inefficient building designs and affect efficient building designs potentially restrict creative building resulting in constant request for by-designs, and agree to delete this law amendments. Recommendations: provision. -Eliminate Section 4.2 (k) from the zoning by-law as the provision is too restrictive to building massing 11 Commenter Comments Staff Response Recommended Changes Norstar Group of -Remove reference to right-of-way Companies widths from Sections 4.2 (i) and (j) (continued) therefore these building stepback provisions will be applied to all situations based on building height. -Any additional building stepback preferences could be described and illustrated in the City Centre Urban Design Guidelines under Section 2.4.1 -Reiterate the building stepback provisions to only apply to building elevations abutting public streets Recommend that the Transportation Staff disagree with the request to None Study be incorporated with the Block incorporate the separate holding Plan holding provision versus a provision for a comprehensive separate holding provision as it can transportation study with the holding be addressed through the provision for a block plan as a single abbreviated Block Plan process holding provision. based on the work completed to date by the City. Staff acknowledge that the block development plan and the comprehensive transportation study will be reviewed concurrently. The intent to create two separate holding provisions is to ensure the requirements to lift the "H" Holding Provision are clearly identified by the City. 12 Commenter Comments Staff Response Recommended Changes Request removal of the cost sharing Staff disagree with the request to None Holding Provision from the City remove the cost sharing Holding Centre By-law as OPA 26 provides Provision from the Zoning By-law. sufficient direction to implement this This holding provision will ensure requirement if recommended by staff that the cost of certain infrastructure, and the City Centre being a services and studies incurred by a redevelopment Secondary Plan. landowner(s) are proportionally reimbursed by other benefiting landowners prior to obtaining the necessary approvals from the City. Daniels LR Request a revised definition to Staff have no objection to revising Staff recommend that the "Stacked Corporation address the·stacked dwelling design the definition of Stacked Dwelling to Dwelling" definition be revised as being proposed. accommodate the design being follows: proposed. "Stacked Dwelling" means a residential use building of four or fewer storeys in height containing three :fetlf or more principal dwelling units where the units in each pair are divided horizontally, and the pairs are divided vertically, and in which e.ach dwelling unit has an independent entrance to the interior". The subject lands are proposed to be Given that the proposal will be Staff recommend that the following developed for a 26-storey senior's reviewed as a single development site specific exemption be included residence containing a total of 415 project, staff .have no objection to on the subject lands: units and 1 02, 3-storey condominium providing a site specific exemption to Exception E12-6.12.3 stacked townhouse units. To ensure the entire lot as it exists implement the proposal, an currently be deemed to be a single "a) Notwithstanding any future application to the Region of Durham parcel. severances, partition or division of for consent to sever the subject site the lot, the provisions of this By-law will be submitted to create two will apply to the whole of the lot as if separate property parcels. no severance, partition, or division had occurred, as shown on Figure 6.12.4 (b)." 13 -- Commenter Comments Staff Response Recommended Changes Daniels LR Requesting a site-specific exemption Corporation to that the "lot" refer to the entire lot (continued) as it exists today, and not the future severed lots to assist in the calculation of Floor Space Index and other zoning provisions. Request a site specific definition for Staff have no objection to the request Staff recommend that the following "Retirement Home" that addresses for a site specific definition for site-specific exemption be included the inclusion of kitchens and/or "Retirement Home". on the subject lands: cooking facilities within the senior's Exception E12-6.12.1 units, as well as the provision of amenities consistent with a "Retirement Home" -means a retirement home. building or part of a building providing accommodation primarily for senior's where each private bedroom or living unit may contain a kitchen or stove top and oven, does have a separate entrance from a common hall, and where personal services, the preparation and consumption of food, nursing services, common lounges, recreation rooms and ancillary support offices." Suggested site specific definition for Staff have no objection to the Staff recommend that the "Street "Street Line"-means the dividing request. Line" definition be revised as follows: line between a lot and a street er-a "Street Line" -means the dividing private street. line between a lot and a streete-r private street." 14 Commenter Comments Staff Response Recommended Changes Daniels LR Section 2.13, Lots on Public and Staff acknowledge that Section 4.2 k) Staff recommend that Section 2.13, Corporation Private Streets -The proposed related to Lots on Public and Private Lots on Public and Private Streets be (continued) development will front two pubic Streets would create inefficient deleted. streets, and will include a series of building designs. internal private streets. This Section of the Draft By-law requires that by- law provisions apply equally to lots or buildings abutting public or private streets. Suggested site-specific provision: For the purposes of this lot, zone provision shall only apply to buildings abutting public street. Section 3.9.f)-Bicycle Parking To support alternative modes of Staff recommend that Section 3.9 f) Space Requirements for non-travel so that there are different related to the minimum bicycling residential uses-Suggested site-opportunities to get to and around parking requirement be revised as specific provisions of this site, no the City Centre, every property is follows: bicycle spaces shall be required for required to provide dedicated bicycle "f) Minimum Number of Bicycle Retirement Homes. parking spaces. Based on best Parking Spaces: practices from other GT A municipalities, Long-Term Care i) for Aparlment Dwelling: 0.5 Facilities and Retirement Homes are bicycle parking spaces per required to provide a minimum of 5 dwelling unit; bicycles parking spaces. ii) for Stacked Dwelling: 1.0 bicycle parking space per dwelling unit; iii) for Long-Term Care Facility and Retirement Home: a minimum of 5 bicycle parking spaces 15 Commenter Comments Staff Response Recommended Changes Daniels LR iv) for non-residential uses: the Corporation -greater of 2 or 1.0 bicycle (continued) parking space for each 1,000 square metres of gross leasable floor area or portion thereof." Reduce Minimum Building Height On March 22, 2017 the Daniels Staff recommend the following site requirement from 19.5 metres to 10.5 Corporation submitted a revised specific exceptions be included on metres (approx. from 6 storeys to 3 preliminary site plan illustrating a 23 the subject lands to be developed for storeys). storey senior's residence with stacked dwellings: approximately 415 units and a total Exception-E12-6.12.2 of 102 three-storey condominium stacked townhouses. "d) Minimum Building Height for stacked dwelling -1 0. 0 metres". Staff agree to reduce the minimum building height for the portion of the site to be developed for three storey condominium stacked townhouses. Request to increase maximum The revised preliminary concept plan Staff recommend the following site building height from 77 metres to 84 illustrates a 23 storey building, specific exceptions be included on metres (approx 25 storeys to 27 whereas the previous proposal the subject lands: storeys). illustrated a 26 storey building. Exception E12-6.12.2 Schedule 5, Maximum Building Height, permits a maximum building "a) Notwithstanding Section 4.2 c) i), height of 77 metres (25 storeys) at building height shall be limited by the southeast corner of Kingston a 45 degree angular plane Road and Valley Farm Road. measured 7.5 metres from the Abutting the subject lands to the rear lot line of the lots on the south is an established residential north side of Avonmore Square at subdivision consisting of street a height of 10.5 metres above townhouses, and singles detached grade dwellings. 16 Commenter Comments Staff Response Recommended Changes Daniels LR To achieve an appropriate transition b) Notwithstanding 6.12.2 a) above, Corporation with respect to building height, the height of a building or (continued) massing and setback between the structure wholly located within the existing neighbourhood and the crossed hatched area as shown proposed development, the endorsed on Figure 6.12.4 (a) shall be zoning by-law includes the permitted to penetrate a 45 requirement of a 45 degree angular degree angular plane measured measured from the rear property from the rear lot line of the lots on lines of abutting established at grade the north side of Avonmore related development. The use of the Square. angular plane would limit the height of the proposed retirement residence c) Notwithstanding Section 4.2 b) ii) on the subject lands to approximately and Schedule 5, related to 15 storeys. Maximum Building Height, the height of a building or structure To ensure that any adverse impacts wholly located within the crossed to the existing residential subdivision hatched area as shown on Figure to the south is minimized, the portion 6.12.4 (a) shall not exceed a of the retirement residence building building height of 70 metres". greater than 14-storeys will be sited further away from the existing development to the south. During the site plan approval process, staff will work with Daniels Corporation to review other opportunities to further minimize any impacts from the proposed development on the existing residential development to the south. Request a site specific exemption Staff have no objection to the Staff recommend that Section 4.2 (c) that Section 4.2 (c) related to requested exception. related to Building Height Adjacent to Building Height Adjacent to Grade Grade Related Dwelling shall not Related Dwelling shall apply to the apply to the proposed retirement proposed retirement residence. home. 17 Commenter Comments Staff Response Recommended Changes Daniels LR Request that the maximum podium Staff do not support increasing the Staff recommend the following site Corporation height for buildings greater than 37.5 maximum podium height from 20 specific exceptions be included on (continued) metres in height be increased from metres (6 storeys) to 48 metres (14 the subject lands: 20 metres to 48 metres with a storeys). minimum stepback of 1.5 metres to Exception E12-6.12.2 g) be provided at or above a height of Staff are concerned that the 30 metres. proposed height of the podium would "g) Podium Requirements for create a significant "wall effect" along Buildings greater than 37.5 Valley Farm Road. Based on best metres: practices from other GT A i. minimum height of a podium- municipalities, research showed that 10.5 metres some municipalities use a 1:1 ratio to ii. maximum height of a podium the width of the street allowance to -26 metres". define pedestrian scaled podium heights. Other municipalities require a minimum podium height of 3 storeys to a maximum podium height equal to the width of the right-of-way to a maximum of 6 storeys. Consistent with the best practices from other municipalities, staff can support an increase to the maximum podium height to be generally equal to the right-of-way width of Valley Farm Road, which is 27 metres (approximately 8 storeys). Requesting that Section 4.2 (i) Staff have no objection to the Staff recommend that Section 4.2 (i) related to Building Stepback for requested exception. related to Main Wall Stepback for Buildings equal to or less than 37.5 Buildings equal to or less than 37.5 metres in height fronting a Street metres in height fronting a Street Line shall not apply to the proposed Line will not apply. stacked dwellings. 18 Commenter Comments Staff Response Recommended Changes Daniels LR Request that Section 4.2 U) related to Staff do not support the request to None Corporation related to Building Stepback for reducing the Building Stepbacks for (continued) Buildings greater than 37.5 metres in Building greater than 37.5 m from 3.0 height fronting a Street Line shall not metres to 1.5 metres. apply to the retirement home. Providing the required 3 metre stepback for taller buildings helps to establish a pedestrian friendly streetwall. It also helps to reduce the appearance and bulk of the podium, mitigate the perception of height from the street and reduce shadow and wind impacts. 20Vic The endorsed City Centre Zoning The endorsed City Centre Zoning By-None Management Inc By-law proposes to impose an '"" law identified the south part of the (Pickering Town Holding Provision, which would Pickering Town Centre (PTC) lands Centre) require the preparation and as subject to an "H" Holding implementation of a Functional Provision. The purpose for the "H" Servicing and Stormwater Holding Provision is to maintain the Management Plan for the entire function of this part of the site as a Town Centre lands. The intent of stormwater retention area. this specific provision would have the effect of sterilizing a significant portion of the site by limiting our ability to facilitate any proposed redevelopment plans until such time as the City is prepared to lift the "Hold" Holding Provision. 19 Commenter Comments Staff Response Recommended Changes 20Vic As the City's Engineering Services New development in the existing Management Inc Department is using the zoning south parking lot would displace the (Pickering Town process to force the Owner's of the existing flood storage if that storage Centre) Pickering Town Centre into an is not replaced elsewhere on the site. (continued) agreement that is not realistic, or If the existing flood storage is reasonable, we insist that the new removed to accommodate future zoning by-law is not enacted until this intensification, peak flow rates in the matter is resolved. Should the city flood prone reaches of Krosno decide to proceed, then all Creek, south of Bayly Street would references and changes to the increase and the maximum water Pickering Town Centre existing by-level on the upstream side of law should be removed from the Highway 401 would also significantly proposed zoning by-law amendment increase, potentially causing damage until the City generated stormwater to structures and properties. management issue is resolved. Official Plan Amendment 26 to the Pickering Official Plan (OPA 26) introduced new City Centre neighbourhood policies on various items, including Stormwater Management. After reviewing the preliminary recommendations from the Downtown Study and the City Centre Stormwater Management Strategy, a new policy, 11.1 OK(c)(iv) was added. This new policy supported the use of Holding Provisions and require where necessary, proponents to enter into agreements with the City, respecting various development related matters. -- 20 Commenter Comments Staff Response Recommended Changes 20Vic It also required the preparation of a Management Inc comprehensive functional servicing (Pickering Town and stormwater management plan Centre) that address stormwater (continued) management and replacement flood storage on the Pickering Town Centre site. To minimize any potential flooding risk to properties within the City Centre and consistent with the policies of OPA 26, staff are requesting that PTC complete a comprehensive functional servicing and stormwater management plan addressing existing stormwater and replacement flood storage on the PTC lands. 21 PJ Notice of Motion a) Please Slow Down Campaign Moved by Councillor Brenner Seconded by Councillor Butt April 11, 2017 Whereas saf~ roads is a priority for the City of Pickering and its residents; Whereas the need to address speeding on City roads is a growing concern to residents; Whereas the City of Pickering is committed to addressing these concerns by working with Durham Regional Police, City and Regional staff, and residents through enforcement, education, awareness and traffic calming options; Whereas several communities across Ontario, including the City of Toronto has adopted the "Please Slow Down" campaign in partnership with its residents; \!Vhereas documented evidence from the City of Toronto has confirmed 96% satisfaction rate with the campaign, including 26% noting strong improvement, and 24% moderate impact; Whereas residents from Wards 1, 2 and 3 desire to have the City implement measures to address the problem of speeding; Whereas several community groups would be interested in partnering on a "Please Slow Down" campaign; Now therefore be it resolved that the City of Pickering adopt the "Please Slow Down" campaign on City roads, and that Staff report back to Council no later than the June 26th meeting on its implementation. b) Support for Building Canada's First Microgrid Community in Pickering Moved by Councillor Brenner Seconded by Councillor Pickles Whereas Marshall Homes, in partnership with Veridian Connections and Opus One Solutions, has brought forward a proposal to build Canada's first microgrid community in the City of Pickering; 233 234 Whereas Marshall Homes will build a 28-unit townhouse complex at 1956 Altona Road, which will be engineered to include community-scale solar power generation, including a 500 kWh Tesla battery; Whereas this state-of-the-art "Transactive Energy" control system will provide a customer control, as well as power system flexibility for intelligent, automated two- way power flow to benefit grid management imperatives; and an adaptive infrastructure to enable innovative technology development to demonstrate integration among multiple energy generation and demand resources; Whereas the total investment for the project will be $3.142 million, arranged by the proponents without any request for financial contribution from the City of Pickering; Whereas for this environmental and sustainable project to proceed, it requires support from the TRCA to enable construction of the solar generated transformer station on abutting lands; Now therefore be it resolved that the City of Pickering support this initiative and request that the TRCA provide the necessary approvals in a timely manner for this project to proceed. By-laws 7551/17 7552/17 7553/17 7554/17 7555/17 April11, 2017 Being a by-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. [Refer to Executive Committee agenda pages 41 -54] Being a by-law to provide relief of financial hardship for low income seniors and low income persons with disabilities. [Refer to Executive Committee agenda pages 75-76] City Centre Zoning By-law. [Refer to New and Unfinished Business pages 43-1 09a] Being a by-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering, Region of Durham being Part of Lot 18, Concession 2, in the City of Pickering (A 03/17) (By-law attached) Being a by-law to amend Schedule A of By-law 7362/14 appointing Inspectors. (By-law attached) 235 ~Cdgof- PJCKERJNG To: From: Debbie Shields City Clerk Catherine Rose Chief Planner M mo April 4, 2017 Copy: Subject: Manager, Development Review & Urban Design Amending By-law for Zoning By-law Amendment Application A 03/17 SR & R Bay Ridges Ltd. Part of BlockY, Plan M-16 Parts 14 to 16, 40R-25170 (1261 Bayly Street) Amending By-law 7554/17 Statutory Public Meeting Date Not applicable (By-law to remove the "(H)" Holding Symbol) Planning & Development Not applicable Committee Date (By-law to remove the "(H)" Holding Symbol) Purpose and Effect of By-law To remove the "(H)" Holding Symbol preceding the "RH/MU-2" zone category on the subject property, in order to permit the construction of a 25 storey apartment building and 22 stacked townhouse units (see Location Map). The "(H)" Holding provision was placed on the subject property to ensure that the Owner has entered into and registered a Site Plan Agreement with the City that provides for: (a) Appropriate arrangements have been made to the satisfaction of the City of Pickering that all of the requirements for the development of the mixed use have been complied with, including but not limited to, sharing of commercial parking spaces with visitor parking, best efforts to introduce a car share program and incorporation of car share spaces in the development, funding of the investigation of on-street parking along Bayly Street, pedestrian enhancements along Bayly Street, sustainable site and building design, parkland dedication, entering into a site plan agreement, environmental and engineering requirements, and all financialmatteffi;and 236 239 The Corporation of the City of Pickering By-law No.7554/17 Being a by-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering, Region of Durham being Part of Lot 18, Concession 2, in the City of Pickering (A 03/17) Whereas the Council of The Corporation of the City of Pickering passed By-law 6705/06, amending By-law 2520, to permit a mixed use development of townhouse dwelling units, and apartment buildings that contain commercial uses on the subject lands, being BlockY, Plan M16, in the City of Pickering; And whereas By-law 6705/06 includes an "(H)" Holding Symbol preceding the "RH/MU-2" Zone, which has the effect of preventing the development of the lands until such time as a Site Plan Agreement and/or a Development Agreement have been executed with the City of Pickering and registered on title; and appropriate arrangements have been made to the satisfaction of the Region of Durham for the provision of sanitary, water and transportation services and environmental and engineering requirements; and appropriate arrangements have been made to the satisfaction of the Toronto and Region Conservation Authority for the provision of environmental and engineering requirements. And whereas the Owner has satisfied the engineering, transportation, environmental { and site design requirements of the Region of Durham, the Toronto and Region Conservation Authority, and the City of Pickering, and has entered into a Site Plan Agreement to the City's satisfaction for all the requirements for the development of the mixed use project; And whereas an amendment to amending By-law 6705/06, to remove the "(H)" Holding Symbol preceding the "RH/MU-2" Zone is therefore deemed appropriate; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedules I and II Schedule I and II to By-law 6705/06, is hereby amended by removing the "(H)" Holding Symbol preceding the "RH/MU-2" Zone designation, as set out on Schedules I and II attached hereto. 2. Text Amendment Section 9. of By-law 6705/06 is hereby repealed. By-law No. 7554/17 Page 2 3. Area Restricted By-law 2520, as amended by By-law 6705/06, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 2. above, and as set out in Schedules I and II attached hereto. Definitions and subject matter not specifically dealt with in this by-law shall be governed by the relevant provisions of By-law 2520, as amended. 4. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 111h day of April, 2017. David Ryan, Mayor Debbie Shields, City Clerk 240 Item 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 245 ScheduleA · Appointments · Column Chief Building Official Deputy Chief Building Official/Inspector Deputy Chief Building Official/Insp-ector Inspector Inspector Inspector Inspector Inspector Inspector Inspector · Inspector Inspector Inspector Column Kyle Bentley Carl Kolbe Brenda Yarush Albert Alvero Steven Amaral Jeremy Bender Adam Fowler Rachelle Gravel Steven Heidebrecht Brian Holmes Andras Szonyi Robert Watson Andy Westcott