HomeMy WebLinkAboutBy-law 7085/10
The Corporation of the City of Pickering
By-law No. 7085/10
Being a By-law to amend Restricted Area (Zoning) By-law 3036,
as amended, to implement the Official Plan of the City of
Pickering, Region of Durham in Part of Lot 18; Concession 2,
in the City of Pickering. (A 19/09)
Whereas the Council of The Corporation of the City of Pickering deems it desirable to
permit a mixed use development. for townhouse dwelling units, apartment buildings and
commercial uses on the subject lands, being Part of Lot 18, Concession 2, in the City of
Pickering;
And whereas an amendment to By-law 3036, as amended, is therefore deemed
necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedules I and II
Schedules I and 11 attached hereto with notations and references shown thereon
are hereby declared to be part of this By-law.
2. Area Restricted
The provisions of,this By-law shall only apply to those lands in Part of Lot 18,
Concession 2, Pickering, designated "RH/MU-3", and "OS-HU on Schedule I
attached hereto.
3. Definitions
In this By-law,
(1) "Adult Entertainment Parlour" shall mean `a building or part of a building in
which is provided, in pursuance of a trade, calling, business or occupation,
services appealing to or designed to appeal to erotic or sexual appetites or
inclinations;
(2) "Bakery" shall mean a building or part of a building in which food products
are baked, prepared and offered for retail sale, or in which food products
baked and prepared elsewhere are offered for retail sale;
By-law No. 7085/10 Page 2
(3) "Body Rub Parlour" includes any premises or part thereof where a body
rub is performed, offered or solicited in pursuance of a trade, calling,
business or occupation, but does not include any premises or part thereof
where the body rubs performed are for the purpose of medical or
therapeutic treatment and are performed or offered by persons otherwise
duly qualified, licensed or registered so to do under the laws of the
Province of Ontario;
(4) "Build-to-zone" shall mean an area of land in which all or part of a building
elevation of one or more buildings is to be located;
(5) "Business Office" shall mean a building or part of a building in which the
management or direction of a business, a public or private agency, a
brokerage or a labour or fraternal organization is carried on and which
may include a telegraph office, a data processing establishment, a
newspaper publishing office, the premises of a real estate or insurance
agent, or a radio or television broadcasting station and related studios or
theatres, but shall not include a retail store;
(6) "Commercial Club" shall mean an athletic or recreational club operated for
gain or profit and having public or private membership, but shall not
include an adult entertainment parlour;
(7) "Commercial Music School" shall mean a school which is operated for
gain or profit and contains the studio of a music teacher;
(8) "Commercial School" shall mean a school which is operated for gain or
profit and may include the studio of a dancing teacher, or an art school, a
golf school or any other such school operated for gain or profit, but shall
not include any other school defined herein;
(9) "Convenience Store" shall mean a retail store in which food, drugs,
periodicals or similar items of day-to-day household necessities are kept
for retail sale primarily to residents of, or persons employed in, the
immediate neighbourhood;
(10) "Day Nursery" shall mean lands and premises duly licensed pursuant to
the provisions of The Day Nurseries Act, or any successor thereto, and for
the use as a facility for the daytime care of children;
(11) "Dry Cleaning Depot" shall mean a building or part of a building used for
the purpose of receiving articles, goods, or fabrics to be subjected to dry
cleaning and related processes elsewhere, and of distributing articles,
goods or fabrics which have been subjected to any such processes;
(12) "Dwelling" shall mean a building or part of a building containing one or
more dwelling units, but does not include a mobile home or trailer;
By-law No. 7085/10 Page 3
(13) "Dwelling Unit" shall mean one or more habitable rooms occupied or
capable of being occupied as a single, independent, and separate
housekeeping unit containing a separate kitchen and sanitary facilities;
(14) "Dwelling, Single Attached or Single Attached Dwelling" shall mean one of
a group of not less than three adjacent dwellings attached together
horizontally by an above grade common wall;
(15) "Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
(16) "Floor Area - Residential" shall mean the area of the floor surface
contained within the outside walls of a storey or part of a storey;
(17) "Food Store" shall mean a building or part of a building in which food,
produce, and other items or merchandise of day-to-day household
necessity are stored, offered or kept for retail sale to the public;
(18) "Gross Floor Area - Residential" shall mean the aggregate of the floor
areas of all storeys of a building or structure, or part thereof as the case
may be, other than a private garage, an attic, or a cellar;
(19) "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;
(20) "Laundromat" shall mean a self-serve clothes washing establishment
containing washing, drying, ironing, finishing or other incidental equipment;
(21) "Lot" shall mean an area of land fronting on a street which is used or
intended to be used as the site of a building, or group of buildings, as the
case may be, together with any accessory buildings or structures, or a
public park or open space area, regardless of whether or not such lot
constitutes the whole of a lot or block on a registered plan of subdivision;
(22) "Multiple Dwelling-Horizontal" shall mean a building containing three or
more dwelling units attached horizontally, not vertically, by an above-
grade wall or walls;
(23) "Multiple Dwelling-Vertical" shall mean a building containing three or more
dwelling units attached horizontally and vertically by an above-grade wall
or walls, or an above-grade floor or floors, or both;
By-law No. 7085/10 Page 4
(24) "Parking Space, Tandem" shall mean two parking spaces with one parking
space located immediately behind another parking space and where both
spaces are for the exclusive use of one dwelling unit;
(25) "Personal Service Shop" shall mean an establishment in which a personal
service is performed and which may include a barber shop, a beauty
salon, a shoe repair shop, a tailor or dressmaking shop or a photographic
studio, but shall not include a body-rub parlour as defined in the Municipal
Act, R. S.O. 1980, Chapter 302, as amended from time-to-time, or any
successor thereto;
(26) "Private Garage" shall mean an enclosed or partially enclosed structure
for the storage of one or more vehicles, in which structure no business or
service is conducted for profit or otherwise;
(27) "Professional Office" shall mean a building or part of a building in which
medical, legal or other professional service is performed or consultation
given, and which may include a clinic, the offices of an architect, a
chartered accountant, an engineer, a lawyer or a physician, but shall not
include a body-rub parlour as defined in the Municipal Act, R.S.O. 1980,
Chapter 302, as amended from time-to-time, or any successor thereto;
(28) "Restaurant - Type A" shall mean a building or part of a building where
food is prepared and offered or kept for retail sale to the public for
immediate consumption on the premises or off the premises, or both, but
shall not include an adult entertainment parlour as defined herein;
(29) "Retail Store" shall mean a building or part of a building in which goods;
wares, merchandise, substances, articles or things are stored, kept and
offered for retail sale to the public;
(30) "Storey" shall mean that portion of a building other than a basement, cellar
or attic, included between the surface of any floor and the surface of the
floor, roof deck or ridge next above it;
(31) "Yard" shall mean an area of land which is appurtenant to and located on
the same lot as a building or structure and is open, uncovered, and
unoccupied above ground except for such accessory buildings, structures,
or other uses as are specifically permitted thereon.
By-law No. 7085/10 Page 5
4. Provisions ("RH/MU-3" Zone)
(1) Uses Permitted ("RH/MU-3" Zone)
(a) No-person shall within the lands designated "RH/MU-3" on Schedule
attached hereto, use any lot or erect, alter, or use any building or
structure for any purpose except the following:
(i) . bakery;
(ii) business office; ;
(iii) convenience store;
(iv) commercial club;
(v) commercial music school;
(vi) commercial school;
(vii) day nursery;
(viii) dry cleaning depot;
(ix) financial institution;
(x) food store;
(xi) Laundromat;
(xii) multiple dwelling-horizontal;
(xiii) multiple dwelling-vertical;'
(xiv) personal service shop;
(xv) professional office;
(xvi) restaurant - type A;
(xvii) retail store:
(b) In buildings containing multiple dwelling-horizontal and multiple dwelling-
vertical uses, only the following commercial uses will be permitted:
(i) business office;
(ii) commercial school;
(iii) personal service shop;
(iv) professional office;
(v) retail store.
(2) Zone Requirements ("RH/MU-3" Zone)
No person shall within the lands designated "RH/MU-3" on Schedule I
attached hereto, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
(a) Floor Space Areas:
(i) In buildings containing multiple dwelling-horizontal and
commercial uses or multiple dwelling-vertical and commercial
uses, the commercial uses may only be located on the ground
floor and each individual commercial enterprise shall provide a
minimum gross leasable floor area of 70 square metres;
By-law No. 7085/10 Page 6
(ii) The maximum gross leasable floor area for any individual
convenience store, food store, or retail store shall be 500
square metres;
(b) Building Height:
Within and at 70.0 metres of Brock Road Right of Way:
Minimum 3 Storeys and 12.0 metres
Maximum 8 Storeys and 26.0 metres
Beyond 70.0 metres of Brock Road Right of Way:
Minimum 3 Storeys
Maximum 4 Storeys
(c) Building; Location and Setbacks:
(i) Buildings and structures shall be located entirely within the
building envelope shown on Schedule II attached hereto;
(ii) No building, part of a building, or structure shall be erected
within the "RH/MU-3" Zone, unless a minimum of 85% of the
length of the build-to-zone, contains a building or part of a
building;
(iii) For any building in excess of five storeys in height having a front
wall located within the-build-to-zone', any portion of a building or
structure in excess of two storeys in height, shall be set back a
minimum of 3.0 metres from the main wall of the building or
structure at grade;'
(iv) Notwithstanding Section4(2)(c)(i) above, below grade parking
structures shall be permitted beyond the limits of the building
envelope identified on Schedule 11 attached hereto, but no closer
than 0.5 metres from the limits of the'lands;
(v) The horizontal distance between multiple dwelling-horizontal
buildings shall be ,a minimum of 1.8 metres;
(d) .Parking Requirements:
(i) There shall be provided and maintained a minimum of 4.0 parking
spaces per 100 square metres of gross leasable floor area for
all permitted uses listed in.Section 4(1) of this By-law, except for
multiple dwelling-vertical; multiple dwelling-horizontal uses.
Non-resident parking shall be provided at grade, in a below
grade structure, or both;
By-law No. 7085/10 Page 7
(ii) For multiple dwelling-vertical uses, there shall be provided and
maintained a minimum of 1.0 parking space per dwelling unit for
residents, and 0.25 of a parking space per dwelling unit for
visitors. Parking spaces for residents shall be provided in a
below grade structure, at grade or both. Visitor parking shall be
provided at grade;
(iii) For multiple dwelling-horizontal uses, there shall be provided
and maintained a minimum of 2.0 parking spaces per dwelling
unit for residents, and 0.25 of a parking space per dwelling unit
for visitors. Parking spaces shall be provided at grade, in a
below grade structure, or both. Parking spaces may also be
provided in a private garage attached to the rear of the dwelling
unit it serves. Visitor parking shall be provided at grade;
(iv) All entrances and exits to parking areas and all parking areas
shall be surfaced with brick, asphalt or concrete, or any
combination thereof;
(v) At grade parking lots shall be permitted no closer than 3.0 metres
from the limits of the "RH/MU-3" Zone identified on Schedule
attached hereto, or any road;
(vi) Clauses 5.21.2(a), 5.21.2(b), 5.21.2(e), 5.21.2(f), 5.21.2(g), and
5.21.2(k) of By-law 3036, as amended, shall not apply to lands
designated "RH/MU-3", on Schedule I attached hereto.
(e) Special Regulations:
(i) The maximum aggregate gross leasable floor area for all
restaurant-type A uses shall be 500 square metres;
(ii) No drive-thru facilities are permitted on lands designated
"RH/MU-3";
(iii) Despite Section 4(2)(c)(i) of this By-law, outdoor patios
associated with a restaurant-type A are permitted to encroach
beyond the building envelope as illustrated on Schedule II of
this By-law;
(iv) Despite Section 4(2)(d)(i) of this By-law, covered walkways with
supporting structures, are permitted to encroach beyond the
building envelope as illustrated on Schedule II of this By-law;
(v) Despite Section 4(2)(a)(ii) outdoor patios associated with a
restaurant type "A" will not be included within the aggregate
gross leasable floor area requirements of subclause (i) above;
and
By-law No. 7085/10 Page 8
(vi) For residential uses, the lands shall be developed at a density of
over 30 units per net hectare and up to and including 80 units
per net hectare, up to a maximum of 60 units.
5. Provisions ("(H) RH/MU-3" Zone)
(a) Uses Permitted ("(H) RH/MU-3" Zone)
Until such time as the "(H)" Holding Provision is lifted, the lands shall not be
used for any purpose other than any use as permitted by the Section 7
provisions of Rural Agricultural Zone "A" of Zoning By-law 3036.
(b) Removal of the "(H)" Holding Symbol
The "(H)" Holding Symbol shall not be removed from the "RH/MU-3" zone
until the completion of the following:
• acceptance of an updated Master Environmental Servicing Plan (MESP)
by the City and the TRCA
• acceptance of a Stormwater Management and Hydrogeological Report,
consistent with the updated MESP, by the City and the TRCA
• acceptance of a revised Environmental Impact Study by the City and the
TRCA
• receipt of an acceptance letter from the Ministry of Culture of the Stage 1
and 2 Archaeological Report
• acceptance of a Noise Impact Study by the Region
• acceptance of an updated Phase I Environmental Site Assessment by
the Region of Durham
• execution and registration of a Development Agreement with the City of
Pickering containing the provisions that:
(i) the owner agrees to convey lands as may be required through the
recommendation of the Update to the Master Environmental
Servicing Report for the construction of a stormwater management
facility and open space lands;
(ii) appropriate arrangements have been made to the satisfaction of the
City of Pickering that all the requirements for the development of the
mixed use project have been complied with, including but not limited
to the conveyance and construction of the municipal road right-of-
way required for access to the subject site, payment of the owner's
proportionate share of costs associated with the preparation of
required area-wide studies, and the cost of off-site works, the sharing
of commercial parking spaces with residential visitor parking,
pedestrian enhancements along Brock Road, sustainable site and
building design, parkland dedication, entering into a site plan
agreement, environmental and engineering requirements, securities
and insurance;
By-law No. 7085/10 Page 9.
(iii) appropriate arrangements have been made to the satisfaction of the
Region of Durham for the'conveyance of the road widening and sight
triangle, and the provision of sanitary, water and transportation
services and environmental and engineering requirements; and
.1
(iv) appropriate arrangements`have been made to the satisfaction of the
City (in consultation with the TRCA) for the conveyance of open
space hazard lands to a public authority and TRCA's approval of the
provision of environmental and engineering requirements.
6. Provisions ("OS-HL" Zone)
(1) Uses Permitted ("OS-HL" Zone)
No person shall within the lands designated "OS-HL" on Schedule
attached hereto use any lot or erect, alter or use any building or structure
for any purpose except the following:
(a) preservation and conservation of the natural environment, soil and
wildlife; and
(b) resource management.
(2) Zone Requirements ("OS-HL" Zone)
(a) No buildings or structures shall be permitted to be erected, nor shall
the placing or removal of fill be permitted, except where buildings or
structures are used. only for purposes.of flood and erosion control,
resource management, or pedestrian trail and walkway purposes.
7. By-law 3036
By-law 3036,as amended, is hereby. further amended only to the extent
necessary to give effect to the provisions of this By-law as it applies to the area
set out in Schedule I attached hereto. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by relevant provisions of
By-law 3036, as amended.
By-law No. 7085/10 Page 10
8. Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law read a first, second and third time and finally passed,this 13th day of September,
2010.
David Rya y
Debbie Shields, City Clerk
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