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HomeMy WebLinkAboutPLN 07-17--C-~(1~-­ p](KERlNG From: Kyle Bentley Director, City Development & CBO Subject: Zoning By-law Amendment Application A 06/16 Report to Council Report Number: PLN 07-17 Date: April 11, 2017 City Initiated Zoning By-law and Urban Design Guidelines City Centre Recommendation: 1. That the City initiated City Centre Zoning By-law 7553/17, 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. Executive Summary: The purpose of this report is to seek final Council approval of the City initiated City Centre Zoning By-law and City Centre Urban Design Guidelines. Following the January 9, 2017 Planning & Development Committee meeting, City Development staff have held meetings with various landowners to discuss their comments on the endorsed zoning by-law and the accompanying urban design guidelines. City Development staff have collaborated closely with the various landowners and the Toronto and Region Conservation Authority (TRCA) to address their comments and concerns. The majority of the changes to the zoning by-law and design guidelines were related to administrative, technical, and site-specific matters. The key matter to be resolved following the January Planning & Development Committee meeting was defining the limits of the Natural Heritage System zone adjacent to Krosno Creek. The limits, as well as wording for the required "H" Holding Provision, have been agreed to by the TRCA, the landowners and the City, and are incorporated in the recommended zoning by-law. The January endorsed City Centre Zoning By-law identified the south part of the Pickering Town Centre (PTC) lands as subject to an "H" Holding Provision, which is intended to maintain the function of this part of the site as a stormwater retention area. 20Vic Management Inc. (20Vic), property managers of PTC, have submitted a letter of objection to the implementation of this "H" Holding Provision. The recommended City Centre Zoning By-law includes the "H" Holding Provision to ensure the long-term protection of the stormwater retention area until such time as an appropriate alternative solution is prepared by the landowner and supported by the City. Report PLN 07-17 Subject: City Initiated Zoning By-law and Urban Design Guidelines April11, 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 Subject: City Initiated Zoning By-law and Urban Design Guidelines 2. Toronto and Region Conservation Authority April 11, 2017 Page 3 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 the 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. 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 redevelopment 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 April 11, 2017 Subject: City Initiated Zoning By-law and Urban Design Guidelines 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 Recommended City Centre Zoning By-law Dated April 3, 2017 Appendix No. I to Report No. PLN 07-17 April 3, 2017 The Corporation of the City of Pickering Zoning By-law 7553/17 Pickering City Centre Zoning By-law 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 Penalties ............................................................................................................. 4 1.9 Severability ......................................................................................................... 4 1.1 0 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 Location of Zones .................................................................................. 5 1.12 Interpretation ...................................................................................................... 5 1.12.1 Zone Boundaries ................................................................................... 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 Buildings 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 Air Conditioners ................................................................................................ 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 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 development in all zones. These general provisions address such matters as public uses, permitted encroachments, legal non-conforming uses, accessory dwelling units, home-based bu_siness, 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 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. 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 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 pertaining to the City Centre lands. 1.4 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 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. 1.1 0 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. City Centre Zoning By-law-April 3, 2017 4 Section 1.0 1.11 1.11.1 1.11.2 1.12 1.12.1 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 Location of Zones Symbol CC1 CC2 CCR1 CCR2 CCC OS NHS 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 Section 1.0 1.12.2 1.12.3 d) If the zone boundary separates a lot 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 that the 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. 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 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 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 entertainment establishment; ii) animal boarding establishment; iii) assembly, convention centre or conference hall; iv) commercial fitness/recreational centre; v) contractor's yard; vi) dating/escort 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 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 lot coverage of all accessory buildings shall not exceed 5 percent of the lot area. f) Human habitation is not permitted in an accessory building or structure. Live Work Dwelling a) The following specific uses are permitted in a live work dwelling: i) art 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. City Centre Zoning By-law-April 3, 2017 10 Section 2.0 2.11 Patios 2.12 2.13 2.14 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. 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. Yards Abutting Daylight Triangles 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 of 1.3 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 Section 2.0 2.15 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 easements in favour of the City. 2.16 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. 2.17 Waste Management 2.18 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. 2.19 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. 2.20 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. 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 1 00 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 1 00 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 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 Service 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. 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 Fin a ncia I 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 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 Parking Space Requirements a) Bicycle parking spaces must be located on the same lot 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 horizontal spaces. c) Where the number of bicycle 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. 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 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 d) of this By-law. 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 Accessory Dwelling Unit •(5) •(5) •(5) •(5) Apartment Dwelling • • • Back-to-Back Townhouse • (3) •(3) • • Dwelling Block Townhouse Dwelling • (3) •(3) • • 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 • • • • • • Convention Centre or • • Conference Hall Day Care Centre • • • ( 1) • District Energy Facility • • • Dry Cleaning Distribution • • • ( 1) Centre Financial Institution • • 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 Section 4.0 Use Zone CC1 CC2 CCR1 CCR2 CCC OS NHS Non-Residential Uses (continued) Park • • • • • • •(4) Parking Structure • • Personal Service Shop • • • • Place of Amusement • Place of Worship 0 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 City Centre Zoning By-law-April 3, 2017 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 on 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 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 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 Apartment space is required per apartment 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 Section 5.0 5.0 Definitions "Accessory" means a use, building or structure naturally or normally incidental to, subordinate to or exclusively devoted to a principal use or building or structure and located on the same lot 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. City Centre Zoning By-law-April 3, 2017 24 Section 5.0 "Arena" means a building or part thereof, in which the principal facilities provide for recreational activities such as curling, skating, hockey, lacrosse, broomball or other similar athletic activities, and which facilities may include dressing rooms, concession booths for the provision of food and refreshments, bleachers, equipment for making artificial ice and other such accessory facilities. "Art Gallery/Studio" means a premises used for the creation, exhibition, collection and/or preservation of works of art for public viewing and sale and may include educational classes. "Assembly, Convention Centre or Conference Hall" means a building or part thereof in which permanent or temporary seating is provided for civic, educational, political, religious or social purposes and may include facilities for the consumption of food or drink, but not for any commercial use. "Balcony" means an attached covered or uncovered platform projecting from the face of an exterior wall, including above a porch, which is only directly accessible from within a building, usually surrounded by a balustrade or railing, and does not have direct exterior access to grade. "Basement" means a portion of a building below the first storey. "Bay Window" means a window with at least three panels set at different angles to create a projection from the outer wall of a building, and includes a bow window. "Block" means all land fronting on one side of a street between the nearest streets, intersecting, meeting or crossing said street. "Building" means a structure occupying an area greater than 10 square metres and consisting of any combination of walls, roof and floor but shall not include a mobile home. "Building, Main" means a building in which is carried on the principal purpose for which the Jot is used. "Building, Mixed Use" means a building containing residential uses and at least one non-residential use permitted by this By-law. "Car Share Service" means a service that provides motor vehicles solely for the shared use of members of that service, and does not include an automobile rental establishment or automobile dealership. "Cartage or Transport Depot" means a building or structure and lot where transport vehicles are kept for hire, rented or leased, or stored or parked for remuneration, or from which transport vehicles are dispatched for hire as common carriers and may include a warehouse, but shall not include any other use or activity otherwise defined or classified in this By-law. "Cemetery" means the lands used or intended to be used for the interment of human remains. City Centre Zoning By-law-April 3, 2017 25 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 seNice. "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. City Centre Zoning By-law-April 3, 2017 26 Section 5.0 "District Energy Facility" means a centrally located facility or linked facilities that generates and distributes thermal energy (steam and/or hot and cold water) to end users through an underground pipeline distribution system and generates electricity, including electricity for supply to the grid. "Driveway" means a private way used to provide vehicular access from a roadway to an off-street parking or loading space or aisle located on the same lot as the principal use. On a lot containing a detached, semi-detached or townhouse dwelling, the driveway may contain one or more parking spaces. "Dry Cleaning Distribution Centre" means a premises used for the purpose of receiving articles or goods of fabric to be laundered or dry-cleaned elsewhere and does not include a dry cleaning establishment. "Dry Cleaning Establishment" means a premises in which the business of laundry or dry cleaning is housed and where the cleaning, drying, ironing, and finishing of such goods is conducted. "Dwelling" includes: a) "Accessory Dwelling Unit" means a separate dwelling unit subsidiary to and located in the same building as an associated principal dwelling unit; and its creation does not result in the creation of a semi-detached dwelling, duplex dwelling, three-unit dwelling or converted dwelling. b) "Apartment Dwelling" means a residential use building containing four or more principal dwelling units where the units are connected by a common corridor or vestibule, other than a townhouse dwelling or stacked dwelling. c) "Back-to-Back Townhouse Dwelling" means a residential use building containing four or more attached principal dwelling units divided vertically where each unit is divided by common walls, including a common rear wall without a rear yard setback, and whereby each unit has an independent entrance to the unit from the outside accessed through the front yard or exterior side yard. d) "Block 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 one lot and accessed from a private street, laneway or common condominium aisle. e) "Detached Dwelling" means a residential use building that contains only one principal dwelling unit. f) "Dwelling Unit" means a residential unit that: i) consists of a self-contained set of rooms located in a building or structure; ii) is used or intended for use as a residential premises; iii) contains kitchen and bathroom facilities that are intended for the use of the unit only; and iv) is not a mobile home or any vehicle. City Centre Zoning By-law-April 3, 2017 27 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 units 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 products 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. 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 intended 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 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 lot or lots upon which the principal use is located and which area is provided for the temporary parking of one commercial motor vehicle while merchandise or materials are being loaded or unloaded from such vehicles. "Long-Term Care Facility" means a premises licensed pursuant to Provincial legislation consisting of assisted living units where a broad range of person care, support and health services are provided for the elderly, disabled or chronically ill occupants in a supervised 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 Jot. "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 situated at the intersection of two or more streets or upon two parts of the same street having an 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 lot 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 lot line, the lot depth shall be measured by a straight line joining the mid-point of the front Jot line with the apex of the triangle formed by the side Jot 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 Jot line, which separated a Jot 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 Jot line separates a lot from the street, the front lot line shall be the shorter lot line. Where a lot is a through lot, the lot line abutting the wider street right-of-way shall be the front lot line. "Lot Line, Interior Side" means a side lot line, which is not adjacent to a street. City Centre Zoning By-law-April 3, 2017 30 Section 5.0 "lot line, Rear" means the lot line opposite to, and most distant from, the front Jot 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 lot lines, which join both a front lot line and a rear lot line. "lot, Through" means a lot 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 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 the whole or part of lands, buildings or structures, or any combination of these. 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 twenty-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 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. 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 portion 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 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. 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 additional 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 Liverpool 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 of the lot shall be equivalent to the ground floor area of the new building. City Centre Zoning By-law-April 3, 2017 37 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 10 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 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 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, Concession 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 City Centre Zoning By-law-April 3, 2017 40 Section 7.0 E5 (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 Jots 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 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 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 Town house 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 step back 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). City Centre Zoning By-law-April 3, 2017 42 Section 7.0 E11 (Part of Lot 21, Concession 1) Parent Zone: CC2 Schedule 7 Amending By"law: N/A 6.11.1 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) . 6~.8m ~ ~ C) E ~ E ro ~ N co r---. 0 .5 Ha N 1'- 6~.8m BAYLY STREE T 1' 'V I City Centre Zoning By-law-April 3, 2017 46 Section 7.0 E12 (Block 36, Plan 40M-2089) Parent Zone: CC2 Schedule 7 Amending By-law: N/A 6.12.1 Definitions a) "Retirement Home" -means a 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 common facilities and services are provided for the residents including, but not limited to, personal services, the preparation and consumption of food, nursing services, common lounges, recreation rooms and ancillary support offices 6.12.2 Zone Provisions The following regulations apply: a) Nothwithstanding Section 4.2 c) i), building height shall be limited by a 45 degree angular plane measured 7.5 metres from the rear lot line of the lots on the north side of Avonmore Square at a height of 10.5 metres above grade b) Notwithstanding Section 6.12.2 a) above, the height of a building or structure wholly located within the crossed hatched area as shown on Figure 6.12.4 (a) shall be permitted to penetrate a 45 degree angular plane measured from the rear lot line of the lots on the north side of Avonmore Square c) Notwithstanding Section 4.2 b) ii) and Schedule 5, related to Maximum Building Height, the height of a building or structure wholly located within the crossed hatched area as shown on Figure 6.12.4 (a) shall not exceed a building height of 70 metres d) Minimum Building Height for stacked dwelling 10.0 metres e) Notwithstanding Section 4.2 h), minimum 3.0 metres separation between blocks of stacked dwelling f) Section 4.2 j) related to Main Wall Step back for Buildings greater than 37.5 metres shall not apply to stacked dwelling g) Podium Requirements for Buildings greater (i) minimum height of a podium - than 37.5 metres 10.5 metres (ii) maximum height of a podium - 26 metres h) Tower Floor Plates (i) maximum tower floor plate- 2,000 square metres between the gth storey and the 14th storey (ii) maximum tower floor plate- 900 square metres above the 14th storey City Centre Zoning By-law-April 3, 2017 47 Section 7.0 7.0 Holding Provisions 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 Jot 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. H1 (Block A and Block B, Plan M-998 and Parent Zone: CC1 Part of Lot 22, Concession 1 (Parts 1 Schedule 8 to 16, inclusive, Plan 40R-7347)) Amending 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 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 Section 7.0 H3 (Part of Lot 23, Concession 1) Parent Zone: CC 1 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 Conservation 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 City Centre Zoning By-law-April 3, 2017 52 Section 7.0 H5 (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 d) 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 271h, 2017 shall be addressed to the satisfaction of the Toronto and Region Conservation Authority City Centre Zoning By-law-April 3, 2017 53 Section 7.0 e) 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 City 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 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 City Centre Zoning By-law-April 3, 2017 54 Section 8.0 8.0 Schedules City Centre Zoning By-law-April 3, 2017 55 SiCHEDULE 1 LEGEND C:J City Centre ~~( "'\tY I ttiittf\ PICKERING CITY C:ENTRE ZONING BY-LAW SCiiEDULE 2 LEGEND -land Use Categories CC1 -City Centre One CC2 -City Centre Two CCR1 -City Centre Residential One CCR2 -City Centre Residential Two -CCC -· City Centre Civic OS -Open Space -NHS ·· Natural Heritage System * boundary of Krosno Creek to be further refined Section 9.0 9.0 Reading and Signatures By-law passed this 111h day of April, 2017. David Ryan, Mayor Debbie Shields, City Clerk City Centre Zoning By-law-April 3, 2017 64 Recommended City Centre Urban Design Guidelines Dated April 3, 2017 Appendix No. II to Report No. PLN 07-17 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 Fagade Treatment ....................................................................... 37 2.4.3 Sustainable Design ............................................................................................. 38 City Centre Urban Design Guidelines: Table of Contents -April 3, 2017 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 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 Public Art ............................................................................................................. 94 City Centre Urban Design Guidelines: Table of Contents -April 3, 2017 iii This page intentionally left blank. 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 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 This page intentionally left blank. 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 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 Mobility A vibrant City Centre is highly walkable, offeriing different opportunities to get to and around the City Centre for people living, working, and vis;iting. 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 lnt4egrated 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 Regional1iransportation Plan -the Big Move, and an Urban Growth Centre containing a Major Transit Sta1tion 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 senJices 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 throu!gh 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 Cemtre Urban Design Guidelines: Mobility -April 3, 2017 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 pattc~rn 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 atnd 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 ,~rain 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 ballanced movements through and to the City Centre. c) New cui-de-sacs shall not be permi1tted within the City Centre. d) Where possible, driveways to indiviidual businesses along streets should be consolidated or access r·elocated 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 bEetween the edge of the property and the curb, including: • Sidewalk: a clear, generously sized siidewalk 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 Cemtre Urban Design Guidelines: Mobility -April3, 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 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 parkin~J and active at-grade street frontages, parking on one side of the street shall be encouraged. The dlesign of private streets illustrated in Figure 7, shall be determined through the preparation of blotck development plans or site plans. Laneways will be pedestrian-accessible routels that will permit direct access and loading from the rear and sides of development. Laneways wiill 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: Mobililty -April3, 2017 79 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 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 Residential One (CCR1) zone Choice Properties patios that may be located internal to adjacent to existing residential and City Centre Residential Two REIT the subject lands. properties. (CCR2) zone; b) Patios are not permitted on a balcony on any lot abutting a residential use; 3 Commenter Comments Staff Response Recommended Changes Zelinka Priamo c) Patios shall not be considered as Planning Ltd. floor area and gross leasable (continued) 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." The defined term "interior side" is not Staff agree with the requested Staff recommend that Section 3.7 a) included under the definitions. Based change. be revised as follows: on our review of Section 3.7 a), the "a) all surface parking shall be reference should likely be to "interior located in the rear or in-terior side side yard". yards of buildings;" Section 3.7 b), the requirement that Section 4.2 I) Continuous Length of Staff recommend that Section 3.7 b) "drive aisles and side yard parking Buildings along a Street Line, be deleted: shall not exceed 30 percent of the lot requires that a minimum 60 percent "9) drilJe aisles and side yard ~arkin§ frontage" is inconsistent with the of the street frontage of a lot must be Draft Pickering City Centre Urban occupied building. Given that shall not exceed 30 ~eFGent of the lot Design Guidelines dated December another provision is included in the frontage;" 2016. Section 2.3.5.2 a) of the by-law to regulate the percentage of Guidelines states "Any surface street frontage to be occupied by a parking areas, drive-aisle and building, the requirements of Section accesses will be located at the rear 3.7 b) related to the maximum and sides of development and shall percent of drive aisles and side yard generally not exceed 30 percent of parking along a street frontage is not the total width of any street frontage required. 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. 4 Commenter Comments Staff Response Recommended Changes -·--·-··--- Zelinka 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 Active 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 appropriately sized minimum landscaped area landscaped areas that can 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 behveen 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 Commenter Comments Staff Response Recommended Changes Zelinka Priamo Building Setbacks and Separations Section 2.3.3.2 a) in the City Centre Staff recommend that Section 2.3.3.2 Planning Ltd. Section 2.3.3.2 a) states "Building Urban Design Guidelines has been a) of the City Centre Urban Design setbacks may vary slightly from revised to be consistent with the Guidelines be revised as follows: Comments on adjacent properties subject to a minimum and maximum building "a) Building setbacks may vary Urban Design limited variance in range to maintain setback requirements of the City between 1.0 metre and 4.0 metres Guidelines a visually consistent street edge". In Centre Zoning By-law. sli§htly fFern aejaeeAt p!F9p!efties (continued) our submission, the word "slightly" is not sufficiently flexible to address the subjeet te a lirnitee vaFiaAce iA raA§e local context of all sites within the to maintain a visually consistent City Centre. street edge." Walkways Section 2.3.4 c) states: Staff agree with the requested Staff recommend that Section 2.3.4 "Clearly demarcated pedestrian change. c) of the City Centre Urban Design walkways shall be provided on the Guidelines be revised as follows: edge of, or through, parking lots in "c) Clearly demarcated pedestrian order to minimize vehicular walkways should be provided along pedestrian conflict. This can be the edge of or through parking lots in attained through covered pedestrian order to minimize vehicular arcades or bollards." For additional pedestrian conflict. This could eaR clarity as to the need for arcades or be attained through covered bollards, we suggest that ''This can pedestrian arcades or bollards." be attained .... " should be changed to "This could be attained .... " Surface Parking Section 2.3.5.2 g) Staff agree with the requested Staff recommend that Section 2.3.5.2 states "Planting strips, landscaping change. g) of the City Centre Urban Design islands and coloured paving shall be Guidelines be revised as follows: used to minimize the visual impact of "g) Planting strips, landscaped surface parking lots, to improve islands and colour paving should stormwater retention and to define sfl.a.U be used to minimize the visual vehicular routes and pedestrian impact of surface parking lots, to walkways." The word "shall" is too improve stormwater retention and to strong for a guideline, words like define vehicular routes and "encourage" are more appropriate. pedestrian walkways." -- 7 Commenter Comments Staff Response Recommended Changes ·---- Zelinka Priamo Loading, Services and Utilities This guideline applies to views from None Planning Ltd. Section 2.3.6 b) states "Where any publicly accessible area such as loading areas are located to the side from public streets or public parks Comments on of a building, it should be screened and open spaces. Urban Design from public view". We are requesting Guidelines clarification that this applies to the (continued) view froni the street only as opposed to internally on site. Landscape Design Section 2.3.7 d) Staff agree with the requested Staff recommend that Section 2.3.7 states "Landscape buffers or change. d) of the City Centre Urban Design screening shall be designed and Guidelines be revised as follows: located to partially screen the view of "d) Landscaped buffers or screening surface parking lots, pedestrian should s-M+I be used El-esigned and entrances and primary building locates to partially screen the view of facades at street level." In the surface parking lots., pedestrian context of guidelines that encourage entrances and primary e~;;~ildiFl§ transparent windows and doors facades at street level." 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) Staff agree with the requested Staff recommend that Section 2.3.7 j) states "Foundation planting shall be change. of the City Centre Urban Design incorporated to soften the visual Guidelines be revised as follows: impact of continuous building mass "j) Foundation planting may s-M+I be along the street edge", which is incorporated to soften the visual inconsistent with the Building impact of continuous building mass Setback and Separations guideline along the street edge." 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. 8 Commenter Comments Staff Response Recommended Changes Weston Consulting Request that below grade structures Staff agree with the requested Staff Recommend that Section 2.19 Planning and be permitted to encroach within the change. -Natural Heritage System Zone Design on behalf 4.0 metre setback from a Natural Setbacks be revised as follows: of Unique Holding Heritage System Zone boundary. and 1467555 "Notwithstanding any other Ontario Limited provisions of this By-law, no building, ( 1482 Bayly Street) structure, parking space, or loading space aisle er sterm'Nffie.F management facilities located above er belmv established grade shall be lecated \Vithin set back a minimum of 4.0 metres e.f from a Natural Heritage System zone boundary." Request that loading spaces within a Staff agree with the requested Staff recommend that Section 3.11 - fully enclosed structure located change. Loading Standards be revised as above grade comply with the follows: minimum and maximum building "Where a loading space is provided, setback requirements. 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; et~t may ee peFrniUeEI 1Nitl=liA tl=lis aFea if tl=le leaEiiA§J space is Iecates eAtiFely vvitl=liA a stFt~ctt~Fe eA a fleeF aeeve tl=le fiFst steFey er eelew estaelisl=leGI §faGe 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 reqt~ireEI between !Ae-2-00 4.5 metres and etA stmey 15.0 metres in height on any building face al;>utting 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 Bf that will cause potential pri~v'Bte 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 stepback 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 felli 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 e-F--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 GTA municipalities, Long-Term Care i) for Apartment 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 1 02 three-storey condominium stacked townhouses. "d) Minimum Building Height for stacked dwelling-10.0 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