HomeMy WebLinkAboutBy-law 7191/12
The Corporation of the City of Pickering
By-law No. 7191/12
Being a By-law to amend Restricted Area (Zoning) By-law 3037,
as amended, to implement the Official Plan of the City of
Pickering, Region of Durham in Part of Lot 10, Plan 585, in
the City of Pickering. (A 11/11)
Whereas the Council of The Corporation of the City of Pickering deems it desirable to
permit a mixed use development for commercial retail and office uses on the subject
lands, being Part of Lot 10, Plan 585, in the City of Pickering;
And whereas an amendment to By-law 3037, as amended, is therefore deemed
necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedules I and II
Schedules I and II attached hereto with notations and references shown thereon
are hereby declared to be part of this By-law.
2. Area Restricted
The provisions of this By-law shall only apply to those lands in Part of Lot 10,
Plan 585, City of Pickering, designated "MU-23", on Schedule I attached hereto.
3. Definitions
In this By-law,
(1) "Adult Entertainment Parlour" shall mean a building or part of a building in
which is provided, in pursuance of a trade, calling, business or occupation,
services appealing to or designed to appeal to erotic or sexual appetites or
inclinations;
(2) "Banquet Facility" shall mean a building or part of a building used for the
purposes of catering to banquets, weddings, receptions, or similar
functions for which food and beverages are prepared and served on the
premises but shall not include a restaurant;
(3) "Body Rub Parlour" includes any premises or part thereof where a body
rub is performed, offered or solicited in pursuance of a trade, calling,
business or occupation, but does not include any premises or part thereof
where the body rubs performed are for the purpose of medical or
therapeutic treatment and are performed or offered by persons otherwise
duly qualified, licensed or registered so to do under the laws of the
Province of Ontario;
By-law No. 7191/12 Page 2
(4) "Build-to-zone" shall mean an area of land in which all or part of a building
elevation of one or more buildings is to be located;
(5) "Business Office" shall mean a building or part of a building in which the
management or direction of a business, a public or private agency, a
brokerage or a labour or fraternal organization is carried on and which
may include a telegraph office, a data processing establishment, a
newspaper publishing office, the premises of a real estate or insurance
agent, or a radio or television broadcasting station and related studios or
theatres, but shall not include a retail store;
(6) "Commercial Club" shall mean an athletic or recreational club operated for
gain or profit and having public or private membership, but shall not
include an adult entertainment parlour;
(7) "Commercial Music School" shall mean a school which is operated for
gain or profit and contains the studio of a music teacher;
(8) "Commercial School" shall mean a school which is operated for gain or
profit and may include the studio of a dancing teacher, or an art school, a
golf school or any other such school operated for gain or profit, but shall
not include any other school defined herein;
(9) "Convenience Store" shall mean a retail store in which food, drugs,
periodicals or similar items of day-to-day household necessities are kept
for retail sale primarily to residents of, or persons employed in, the
immediate neighbourhood;
(10) "Day Nursery" shall mean lands and premises duly licensed pursuant to
the provisions of The Day Nurseries Act, or any successor thereto, and for
the use as a facility for the daytime care of children;
(11) "Drug Store" shall mean a building or part of a building in which
pharmaceutical prescriptions are compounded and dispensed to the
public, and where medicine, medical supplies and associated
merchandise, confectionary items, cosmetics, toiletries, periodicals, or
similar items of day-to-day household necessity are stored, displayed and
offered for retail sale;
(12) "Dry Cleaning Depot" shall mean a building or part of a building used for
the purpose of receiving articles, goods, or fabrics to be subjected to dry
cleaning and related processes elsewhere, and of distributing articles,
goods or fabrics which have been subjected to any such processes;
(13) "Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
By-law No. 7191/12 Page 3
(14) "Food Store" shall mean a building or part of a building in which food,
produce, and other items or merchandise of day-to-day household
necessity are stored, offered or kept for retail sale to the public;
(15) "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;
(16) "Laundromat" shall mean a self-serve clothes washing establishment
containing washing, drying, ironing, finishing or other incidental equipment;
(17) "Lot" shall mean an area of land fronting on a street which is used or
intended to be used as the site of a building, or group of buildings, as the
case may be, together with any accessory buildings or structures, or a
public park or open space area, regardless of whether or not such lot
constitutes the whole of a lot or block on a registered plan of subdivision;
(18) "Personal Service Shop" shall mean an establishment in which a personal
service is performed and which may include a barber shop, a beauty
salon, a shoe repair shop, a tailor or dressmaking shop or a photographic
studio, but shall not include a body-rub parlour as defined in the Municipal
Act, 2001, as amended from time-to-time, or any successor thereto;
(19) "Professional Office" shall mean a building or part of a building in which
medical, legal or other professional service is performed or consultation
given, and which may include a clinic, the offices of an architect, a
chartered accountant, an engineer, a lawyer or a physician, but shall not
include a body-rub parlour as defined in the Municipal Act, 2001, as
amended from time-to-time, or any successor thereto;
(20) "Restaurant - Type A" shall mean a building or part of a building where
food is prepared and offered or kept for retail sale to the public for
immediate consumption on the premises or off the premises, or both, but
shall not include an adult entertainment parlour as defined herein;
(21) "Retail Store" shall mean a building or part of a building in which goods;
wares, merchandise, substances, articles or things are stored, kept and
offered for retail sale to the public;
(22) "Storey" shall mean 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;
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(23) "Yard" shall mean an area of land which is appurtenant to and located on
the same lot as a building or structure and is open, uncovered, and
unoccupied above ground except for such accessory buildings, structures,
or other uses as are specifically permitted thereon.
By-law No. 7191/12 Page 4
4 Provisions ("MU-23"-Zone)
(1) Uses Permitted ("MU-23" Zone)
-(a) No person shall within the lands designated "MU 23" on Schedule
attached hereto, use any lot or erect, alter, or use any building or
structure for any purpose except the following:
E (i) banquet facility;
(ii) business office;
(iii) convenience store;
(iv) commercial club;
(v) commercial music school;
(vi) commercial school;
(vii) day nursery;
(viii) drug store;
(ix) dry cleaning depot;
(x) financial institution;
(xi) food store;
(xii) Laundromat;
(xiii) personal, service shop;
(xiv) professional office;
(xv) restaurant - type A;
(xvi) retail-store;
(2) Zone Requirements ("MU-23" Zone)
No person shall within the lands designated "MU-23" on Schedule
attached hereto, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
(a) Building Location and Setbacks:
(i) Buildings and structures shall be located entirely within the
building envelope shown on Schedule II attached hereto;
(ii) No building, part of a building, or structure shall be erected
unless a minimum of 90 percent of the length of the build-to-zone
along the Brock Road frontage, and a minimum of 60 percent of
the length of the build-to-zone along Dersan Street as illustrated
on Schedule ll attached hereto, contains a building or part of a
building;
(iii) Notwithstanding Section 4(2)(a)(i) above, below grade parking
structures shall be permitted beyond the limits of the building
envelope identified on Schedule II attached hereto, but no closer
than 0.5 metres from the limits of the lands;
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By=law No. 7191/12 Page 5
(b)`, Building Height and Functional Floors:
Minimum 3 Storeys and 14.0 metres
maximum 6 Storeys and 20.0 metres
(c) Floor Space Areas:
(i) The maximum gross leasable floor area for, all uses shall be
10,000 square metres;
(ii) The maximum ,gross leasable floor area for any individual
convenience store, food store, drug store, or retail store shall
be 500 square metres;
(iii) The aggregate of the gross leasable floor area of medical
professional offices shall not exceed 50 percent of the
maximum permitted gross leasable floor area; and
(iv) A`maximum of one banquet facility is permitted with a maximum
of 1,100 square metres of gross leasable floor area.
s
(d) Parking Requirements:
(i) There shall be provided and maintained a minimum of 4.0 parking
spaces per 100 square metres of gross leasable floor area for
all permitted uses listed in Section 4(1) of this By-law;
(ii) Notwithstanding Section 4(2)(d)(i) above, there shall be
provided, and maintained a minimum,of `10 parking spaces per
100 square metres of gross leasable floor area for any
restaurant or banquet facility floor area that exceeds a total
aggegrate gross leasable area of 500 square metres in the
building;
(iii) Parking shall be provided at grade, in a below grade structure,
in an above grade structure or any combination thereof;
(iv) All entrances and exits to parking areas and all parking areas
shall be surfaced with brick, asphalt or concrete, or any
combination thereof;'
(v) At grade parking lots and driving aisles shall be permitted no
closer than 1.5 metres from the north and west limits of the
property, and 3.0 metres from any road;
(vi) Buildings are permitted only within Building Envelope 'A'
identified on Schedule Il attached hereto, with the exception of
parking structures which are also permitted within Building
Envelope `B';
By-law No. 7191/12 Page 6
(vii) Clauses 5.21.2(a), 5.21.2(b), 5.21.2(e), 5.21.2(f), 5.21.2(8), and
5.21.2(k) of By-law 3037, as amended, shall not apply to lands
designated "MU-23", on Schedule I attached hereto.
(e) Special Regulations
(i) Drive-through facilities are not permitted on lands designated
VIMU-23' ;
(ii) Despite Section 4(2)(a)(i) of this By-law, outdoor patios associated
with a restaurant' type A are permitted to encroach beyond the
building envelope identified on Schedule II of this By-law;
(iii) Despite Section 4(2)(a)(i) of this By-law, covered walkways with
supporting structures, are permitted to encroach beyond the
building envelope as identified on Schedule 11 of this By-law;
(iv) Despite Section 4(2)(f)(iii) outdoor patios associated with a
restaurant - type A are not considered to be gross leasable floor
area;
(v) Despite Section 4(2)(c)(ii) gross leasable floor area excludes
parking structures;
(vi) Despite Section 4(2)(b), the minimum building height
requirement does not apply to parking structures.
5. Provisions ("(H) MU-23" Zone)
(1) Uses Permitted ("(H) MU-23" Zone)
Until such time as the "(H)" Holding Provision is lifted, the lands shall not
be used for any purpose other than any use as permitted by the Section 7
provisions of Rural Agricultural Zone "A" of Zoning By-law 3037.
(2) Removal of the "(H)" Holding Symbol
The "(H)" Holding Symbol shall not be removed from the "MU-23" zone
until the completion of the following:
(a) Execution of a Development Agreement with the City of Pickering
including provisions that all the requirements for the development of
the lands have been complied with, including but not limited to,
environmental and engineering requirements, signalization of the
Brock.Road/Dersan Street intersection if required, confirmation from
Hydro One regarding permitted uses within the portion of the lands
subject to a Hydro One easement, site access, off-site works, vehicle
parking, lighting, landscaping, stormwater management, phasing of
construction, easements and all financial matters including the
requirements of the Duffin Heights Landowners Group Cost Sharing
.Agreement; and
By-law No. 7191/12 Page 7
(b) Appropriate'arrangements have been made to the satisfaction of the
Region of Durham for the provision of environmental and engineering
requirements.
6. By-law 3037
By-law 3037, as amended, is hereby further amended only to the extent
necessary to give effect to the provisions of this'By-law as it applies to the area
r set,out in Schedule I attached hereto. Definitions and subject matter not
specifically dealt with in this By-law shall be governed by relevant provisions of
By-law 3037, as amended.
7• Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law read.a first, second and third time and finally passed this 21St day of February,
2012.
David Ryan
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Debbie Shields, City Clerk
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SCHEDULE I TO BY-LAW 71-91/12
PASSED THIS 21 St
DAY OF February 2012
MAYOR
CLERK
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® BUILD-TO-ZONE
BUILDING ENVELOPE 'A'
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BUILDING ENVELOPE 'B'
SCHEDULE H TO BY-LAW 7191/12
PASSED THIS 21 st
DAY OF February 2012
MAYOR
CLERK