HomeMy WebLinkAboutAugust 14, 2019 - Revised
pickering.ca
Committee of Adjustment
Agenda
Meeting Number: 8
Date: Wednesday, August 14, 2019
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Agenda
Committee of Adjustment Wednesday, August 14, 2019 7:00 pm Council Chambers
Page Number
1. Disclosure of Interest
2. Adoption of Agenda
3. Adoption of Minutes from July 10, 2019 1-6
4. Reports
4.1 P/CA 41/19 & P/CA 42/19 A. Asokkanth, M. Subramaniam & P. Santhiralingam
1981 Guild Road
7-11
4.2 P/CA 43/19 R. Sreedhar & S. Nair 1968 Calvington Drive
12-17
4.3 P/CA 44/19
R. & S. Bianchet 675 Pleasant Street
18-22
4.4 P/CA 45/19 P. Premathas 1442 Old Forest Road
23-27
4.5 P/CA 46/19
Pickering Developments (401) Inc. North West Corner of Bayly Street and Church Street
28-60
5. Adjournment
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-C~of-Pl(KERJNG Pending Adoption Present Tom Copeland -Vice-Chair David Johnson -Chair Eric Newton Denise Rundle Sean Wiley Also Present Cody Morrison, Secretary-Treasurer Samantha O'Brien, Assistant Secretary-Treasurer Absent Deborah Wylie, Secretary-Treasurer 1. Disclosure of Interest No disclosures of interest were noted. 2. Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes Wednesday, July 10, 2019 7:00 pm Council Chambers That the agenda for the Wedne$day, July 10, 2019 meeting be adopted. 3. Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland Carried Unanimously That the minutes of the 6th meeting of the Committee of Adjustment held Wednesday, June 12, 2019 be adopted, as amended. Carried Unanimously Page 1 of 6 1
2 -C1°f-p](KERJNG 4. Reports 4.1 PICA 36119 R. Gellel & R. Lennox 12-361 Chickadee Court Committee of Adjustment Meeting Minutes Wednesday, July 10, 2019 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended by By-law 4645195 to permit an uncovered deck not exceeding 3.3 metres in height above grade and not projecting more than 2.4 metres into the required rear yard, whereas the by-law requires uncovered steps, or platforms not exceeding 1.0 metre in height above grade and not projecting more than 1.5 metres into any required front or rear yard and not more than 0.5 of a metre into any required side yard. The applicant requests approval of this variance in order to obtain a building permit for an uncovered deck. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Alan Poullis, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Given that there are no comments from neighbours or the City's Engineering Services Department, and the neighbouring properties within the same development have existing decks similar to this application, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Eric Newton That application PICA 36119 by R. Gellel & R. Lennox, be Approved on the grounds that the requested variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance apply only to the proposed uncovered deck, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2, 3 & 4 contained in the staff Report to the Committee of Adjustment dated July 10, 2019). 2. That the applicant obtain a building permit for the proposed construction by July 9, 2021, or this decision shall become null and void. Carried Unanimously Page 2 of 6
-C£%0/-p](KERJNG 4.2 PICA 37119 H. Antoniadis & E. Ntinos 1558 Rawlings Drive Committee of Adjustment Meeting Minutes Wednesday, July 10, 2019 7:00 pm Council Chambers The applicant requests relief from Zoning By-law 3036, as amended by By-law 1493182 to permit a rear yard depth of 6.0 metres, whereas the by-law requires a minimum rear yard depth of 7.5 metres. The appliGant requests approval of this variance in order to obtain a building permit to construct a one-storey residential addition. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Haroula Antoniadis and Evagelos Ntinos, applicants, were present to represent the application. Two area residents were present in support of the application. No further representation was presentin favour of or in objection to the application. In response to a question from a Committee Member, the Secretary-Treasurer advised the existing lot coverage is undetermined at this time, yet the proposed lot coverage for the application is approximately 31.75 percent, where the By-law requirement states a maximum lot coverage of 38 percent. Given that the application meets the four tests of the Planning Act, Denise Rundle moved .the following motion: Moved by Denise Rundle Seconded by Tom Copeland That application PICA 37119 by H. Antoniadis & E. Ntinos, be Approved on the grounds that the requested variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance apply only to the one-storey residential addition, as generally sited .and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in the staff Report to the Committee of Adjustment dated July 10, 2019). 2. That the applicant obtain a building permit for the proposed construction by July 9, 2021, or this decision shall become null and void. Carried Unanimously Page 3 of 6 3
4 -C0J0f-p](KERJNG 4.3 . PICA 40/19 M. Alexander 688 Layton Court Committee of Adjustment Meeting Minutes Wednesday, July 10, 2019 7:00 pm Council Chambers· The applicant requests relief from Zoning By-law 2511, as amended by By-law 2543/87 · to: • recognize an accessory building (garden shed) setback a minimum of 0.4 of a metre from the north side yard, whereas the by-law requires accessory buildings must be setback a minimum of 0.6 of a metre from all lot lines; • permit an accessory building (pool house) not exceeding 3.3· metres in height and setback a minimum of 0.6 of a metre from all lot lines, whereas the by-law requires accessory buildings greater than 1.8 metres in height shall be set back a minimum of 1.0 metre from all lot lines; and • permit a total lot coverage of 5.3 percent for all accessory buildings, whereas the by-law requires the total lot coverage of all accessory buildings excluding private detached garages, shall not exceed 5 percent of the lot area. The applicant requests approval of these variances in order to obtain a building permit for an accessory building (pool house) and to recognize an existing accessory building (garden shed). The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering Services Department stating the existing garden shed is not required to be relocated. Written comments were also received from a resident of Layton Court in support of the application. Doug Norton, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from Committee Members, Doug Norton stated the garden shed is not attached to the house, it is bolted to a concrete pad that would have complications in dismantling and reassembling the structure. The primary reason for the garden shed setback variance is due to the irregularly shaped lot lines not being parallel. Regarding the proposed pool house, Doug Norton indicated there will be power to the structure, however the structure will not be heated. It is to be usable three seasons of the year with no intention for occupation. The purpose of the pool house is for storage of patio furniture, shelter and entertainment. Its size is to accommodate the desired structure relative to the pool that is currently under construction. Page 4 of 6
-C~0f-p](KERJNG Committee of Adjustment Meeting Minutes Wednesday, July 10, 2019 7:00 pm Council Chambers In response to a question from a Committee Member, the Secretary-Treasurer stated PICA 40119 Report was revised as a result of further consultation with the applicant and Engineering Services staff. Engineering Services typically request a minimum setback of 0.6 metres for accessory structures to provide for adequate drainage and space for maintenance, however, Engineering Services provided revised comments indicating that as a result of further assessment of the existing conditions, the requested setback of 0.4 of a metre would be appropriate. Given the comments heard from the agent and the recommendation by staff, Tom Copeland moved the follow motion: Moved by Tom Copeland Seconded by Denise Rundle That the accessory building (pool house) not exceeding 3.3 metres in height, setback a minimum of 0.6 of a metre from all lot lines and a total lot coverage of 5.3 percent for application PICA 40119 by M. Alexander be Approved on the ground that these variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed accessory building (pool house), as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3 & 4 contained in the ~taff Report to the Committee of Adjustment dated July 10, 2019). 2. That the applicant obtain a building permit for the proposed construction by July 9, 2021, or this decision shall become null and void. and That the accessory building (garden shed) setback a minimum of 0.4 of a metre from the north side lot line for application PICA 40119 by M. Alexander be Approved on the grounds that this variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Zoning By-law, subject to the following condition: 1. That this variance apply only to the existing accessory building (garden shed), as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in the staff Report to the Committee of Adjustment dated July 10, 2019). Carried Unanimously Page 5 of 6 5
6 -Cdgof-p](KERJNG 5. Adjournment Movecf_ py Eric Newton Seconded by Denise Rundle Committee of Adjustment Meeting Minutes Wednesday, July 10, 2019 7:00 pm Council Chambers That the 7th meeting of the 2019 Committee of Adjustment be adjourned at 7:22 pm and the next meeting of the Committee ofAdjustment be held on Wednesday, August 14, 2019. Carried Unanimously Date Chair Assistant Secretary-Treasurer Page 6 of 6
-Ct%0f-p](KER_JNG From: Deborah Wylie, MCIP, RPP . Report to Committee of Adjustment Application Number: PICA 41119 & PICA 42/19 Date: August 14, 2019 Principal Planner, Development Review Subject: Applications Committee of Adjustment Applications PICA 41119 & PICA 42119 A. Asokkanth, M. Subramaniam, P. Santhiralingam 1981 Guild Road The applicant requests relief from Zoning By-law 3036, as amended: PICA 41119 (Proposed Part 1) • to permit minimum lot frontage of 15.5 metres, whereas the by-law requires 18.0 metres PICA 42119 (Proposed Part 2) • to permit minimum lot frontage of 15.5 metres, whereas the by-law requires 18.0 metres The applicant requests approval of these variances in order to create one additional lot through the Region of Durham Land Division Committee Application LD084I19. Recommendations PICA 41119 (Proposed Part 1) The City Development Department considers a minimum lot frontage of 15.5 metres to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following condition: 1. That the applicant obtain final clearance for Land Division Application LO 084119 by August 13, 2021, or this decision shall become null and void. PICA 42119 (Proposed Part 2) The City Developme_nt Department considers a minimum lot frontage of 15.5 metres to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following condition: 1. That the applicant obtain final clearance for Land Division Application LO 084119 by August 13, 2021, or this decision shall become null and void. 7
8 Report PICA 41119 & PICA 42119 Comment Official Plan and Zoning By-law . , August 14, 2019 Page 2 Pickering Official Plan -"Urban Residential Areas -Medium Density Area" within the Village East Neighbourhood Zoning By-law 3036, "R3" -One-Family Detached Dwelling Third Density Zone Conforms to the Intent of the Official Plan The property is designated "Urban Residential Areas -Medium Density Area" which permits residential uses. The requested variances to permit minimum lot frontages of 15.5 metres is intended to facilitate zoning compliance for severed and retained residential parcels proposed under Land Division Application Lb 084119. · Conforms to the Intent of the Zoning By-law The intent of the minimum lot frontage requirement is to ensure a useable lot size that is compatible with the neighbourhood. The proposed severed and retained parcels will have sufficient depth and frontage to allow for the construction of detached dwellings that are in keeping with the existing dwellings along Guild Road. The proposed lot frontages will be consistent with the existing lot pattern established along Guild Road. Desirable for the Appriopriate Development of the Land The existing lot has a lot frontage of 31.0 metres which is significantly wider than all the neighbouring lots. Dividing the lot to create matching minimum 15.5 metre frontages creates more consistency with the lots along Guild Road. Additionally, the proposed lot line will align with the existing lot line that divides the two rear-abutting properties (1980 & 1982 Royal Road). Minor in Nature A reduction of 2.5 metres is minor in nature considering the existing lot frontages along Guild Road. There will be minimal impact to the streetscape and the existing character of the street will be maintained. Conclusion Staff is of the opinion that the proposed variances conform to the intent of the Official Plan and Zoning By-law, is considered to be desirable for the appropriate development of the land and is minor in nature.
Report PICA 41119 & PICA 42119 Input From Other Sources Engineering Services Building Services Date of report: August 7, 2019 Comments prepared by: Felix Chau Planner I FC:DW:nwb \\FS\CSDC'Amanda\docs\templates\CA\programmed\CA Report.doc Attachments August 14, 2019 Page 3 • no comments on the application • no comments on the application Deborah Wylie, MCIP, RPP Principal Planner, Development Review 9
10 Hydro Corridor Hydro Corridor Diana Princess Of Wales Park Location Map Brock ridge Community Park -Oft;o/-p](KER]NG File: P/CA41/19 & P/CA42/19 City Development Department Exhibit 1 Denmar Park am Date: Jun. 24, 2019 SCALE: 1 :4,000 lHIS IS NOT A PLAN Of SURVEY.
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Property Description: Lot 33 & 34, Plan 316
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FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
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1 2 -C£%0f-p](KERJNG From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Report to Committee of Adjustment Application Number: PICA 43119 Date: August 14, 2019 Subject: Committee of Adjustment Application PICA 43119 R. Sreedhar & S. Nair 1968 Calvington Drive Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 6585105, to permit an accessory dwelling unit within a townhouse dwelling, whereas the by-law states in any zone that permits a detached dwelling or semi-detached dwelling, an accessory dwelling unit is permitted within the detached dwelling or semi-detached dwelling. The applicant requests approval of this variance in order to obtain a permit for an accessory dwelling unit in the basement of a townhouse. Recommendation The City Development Department considers the requested variance to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning' By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That this variance apply only to the proposed accessory dwelling unit within the townhouse, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2). 2. That the applicant obtain a permit for the accessory dwelling unit by August 13, 2021, or this decision shall become null and void. Comments . Official Plan and Zoning By-law Pickering Official Plan Designation -"Urban Residential Area -Medium Density" within the Highbush Neighbourhood Zoning By-law 3036, as amended by By-law 6585105 -"SA-8"
Report PICA 43/19 Conforms to the Intent of the Official Plan August 14, 4019 13 Page 2 The "Urban Residential Area -Medium Density" designation permits residential uses and a minimum and maximum net residential density of over 30 and up to and including 80 dwellings per net hectare. The Highbush neighbourhood consists of primarily detached dwellings on large lots, some townhouse and quattroplex dwellings, and includes three neighbourhood parks. Townhomes are permitted at the subject site. In addition, accessory dwelling units (ADUs) are not included in density calculations. The proposed variance conforms to the intent of the Official Plan. Conforms to the Intent of the Zoning By-law· Section 5.32 of Zoning By-law 3036 permits accessory dwelling units in any detached dwelling or semi-detached dwelling provided: • a total of 3 parking spaces are provided on the property the ADU is located; • the maximum floor area of the ADU is 100 square metres; • a home-based business is prohibited in either the dwelling unit in the dwelling containing the ADU; and, • an ADU is not permitted within an accessory dwelling that is permitted in the Rural Agricultural Zone. Accessory. Dwelling Units are not permitted within townhomes. The Planning Act, 2018 .permits ADU's within detached, semi-detached and row homes, and requires municipalities to update their zoning by-laws to reflect the requirements of the Planning Act. Currently 2 of the 6 parent by-laws permit ADU's within townhomes, as the zoning provisions have been crafted based on current provincial direction. These are the most· recently adopted parent zoning by-laws: City Centre 7553/17 and Seaton 7364/15. Since the · City has not amended the zoning provisions for ADU's within Zoning By-:-law 3036, the applicant is required to submit an application to the Committee of Adjustment for a minor variance. The existing property has sufficient parking for 3 vehicles, is proposed to have a maximum floor area of 100 square metres, and will not have a home-based business in either dwelling unit. Staff is of the opinion that the variance adheres to Provincial policies and meets the general intent and purpose of the Zoning By-law. Desirable for the Appriopriate Development of the Land Staff support ADUs as an affordable housing option within the City, provided Building Services has issued a permit. In order for a permit to be issued, the ADU must adhere to the Zoning By-law, Ontario Building Code and Fire Code. An application for an ADU has been submitted to Building Services, therefore staff is of the opinion that the requested variance to obtain a permit for an ADU is desirable for the appropriate development of the land.
14 Report PICA 43/19 Minor in Nature August 14, 2019 Page 3 The request to obtain a permit for an ADU within a townhome is not anticipated to have any negative impact on the surrounding area, and therefore, is considered minor in nature. Conclusion Staff is of the opinion that the requested variance to permit an ADU in a townhouse is desirable for the appropriate development of land, maintains the intent and purpose of the Official Plan and Zoning By-law, and is minor in nature. Input From Other Sources Engineering Services Building Services Date of report: August 7, 2019 Tanjot Bal Planner I TB:DW:nwb \\FS\CSDC\Amanda\docs\templates\CA\programmed\CA Report.doc Attachments • no comments • Building permit application #19-103083 (construction to create an accessory dwelling unit with walkout) has been submitted for review and is awaiting zoning approval Deborah Wylie, MCIP, RPP Principal Planner, Development Review
( ""Cl Cll 0 O:'. Cll C 0 ~ '-r--"""'T"--~.,.-------'"-r--\ Twyn Rivers Drive -C4;1)1-P1CKER1NG City Development Department Location Ma File: PICA 43/19 Exhibit 1 \ South P~tticoat R .\ avmr Sheppard Avenue I now Pts 17 & Date: Jul. 16, 2019 SCALE: 1 :4,000 WIS IS NOT A PLAN OF SURVEY.
1 6 --Ci/po/--PJ(KERJNG City Development Department ~~ ~· ~• 15Xl~em ~ ~ r wooden po.s\s Cl ~ /;J i:; I 1.54rn S.60m 1968 CALVINGTON Dr, (EXISTING DWELLIN~} ; / Proposed Variance Applicati()n File No: P/CA 43/19 Applicant: R. Sreedhar & S. Nair To permit an accessory dwelling unit within a townhouse dwelling. Exhibit 2 Property Description: Pt Blk 15, Plan 40M-2339, now Pts 17 & 18, Plan 40R-25228 ( 1968 Calvington Drive) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE:July 11, 2019
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18 -C~of-p](KERJNG From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Report to Committee of Adjustment Application Number: PICA 44119 . Date: August 14, 2019 Subject: Committee of Adjustment Application PICA 44119 R. & S. Bianchet 675 Pleasant Street Application The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610118 to permit an uncovered platform (deck) not exceeding 0.8 of a metre in height above grade to project a maximum of 1.5 metres into the required side yard, whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project not more than 1.0 metre into any required side yard. The applicant requests approval of this application in order to obtain a building permit for an uncovered deck. · Recommendation The City Development Department considers the application to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: · · 1. That this variance apply only to the proposed uncovered deck, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2). 2. That the applicant obtain a building permit for the proposed construction by August 13, 2021, or this decision shall become null and void. Comment Conforms to the Intent of the Official Plan The subject lands are designated as "Urban Residential Areas -Low Density Area" within the Bay Ridges Neighbourhood. Detached dwellings are a permitted use within the designation and a primary built form within the Bay Ridges Neighbourhood.
Report PICA 44/19 August 14, 2019 Page 2 Conforms to the Intent of the Zoning By-law The proposed lands are zoned "R4" within Zoning By-law 2511, as amended by By-law 7610/18. The By-law permits uncovered platforms not exceeding 1.0 metre in height, to project a maximum of 1.0 metre into the required side yard, which is 1.5 metres. T_he existing dwelling has a zero side yard setback and the applicant has rebuilt a deck along the rear of the dwelling. Therefore, the· deck projects 0.5 of a metre more into the allowed side yard projection. Side yard setbacks provide an appropriate separation between structures on abutting properties in order to maintain pedestrian access, and to accommodate grading, drainage and residential services. The neighbouring dwelling is setback approximately 6 metres from the applicant's dwelling, therefore an appropriate separation is maintained. Desirable for the Appriopriate Development of the Land The neighbouring properties have a range of side yard setbacks from the detached dwelling. Some of the properties maintain a minimum side yard setback of 1.5 metres and 2.4 metres, whereas other properties maintain a side yard setback of zero metres and 2.4 metres to 6 metres. These neighbouring properties also have uncovered decks that encroach into the required side yard setback. . ' Minor in Nature The request to recognize a rebuilt uncovered platform (deck) that projects into the required side yard setback is not anticipated to have any significant impact on the surrounding area, and therefore is considered minor in nature. Conclusion Staff is of the opinion that the requested variance to permit an uncovered platform (deck) projecting a maximum of 1.5 metres into the required side yard is desirable for the appropriate development of land, maintains the intent and purpose of the Official Plan and Zoning By-law, and is minor in nature. · Input From Other Sources Engineering Services Building Services • Deck framing and foundations are not to impede neighboring property. Ensure adequate drainage is maintained below deck and alongside yard lot line. No alterations to grading permitted. • Building services received information of a rear yard deck already constructed. Building permit application submitted after prompted by Building Inspector. 1 9
20 Report PICA 44/19 Date of report: August 2, 2019 Comments prepared by: Tanjot Bal Planner I TB:DW:nwb De~RPP Principal Planner, Development Review J:\Documents\Development\Q..3700 Committee of Adjustment (PCA Applications)\2019\PCA 44-19 R. &. s. Bianchet\Report\PCA 44-19 Report.doc Attachments August 14, 2019 Page 3
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p 1 CKE R 1 NG Applicant: R. & S. Bianchet
Property Description: Lot 5, Block D, Plan 65
City Development (675 Pleasant Street)
Department FULL SCALE co PIES oF THIS PLAN ARE AVAILABLE FOR v1Ew1NG AT THE c11Y OF PICKERING I DATE: July 25, 2019
Cl1Y DEVELOPMENT DEPARTMENT.
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-C1of-p](KERJNG From: Deborah ·wylie, MCIP, RPP Principal Planner, Deyelopment Review 23 Report to Committee of Adjustment Application Number: PICA 45119 Date: August 14, 2019 Subject: Committee of Adjustment Application PICA 45119 P. Premathas 1442 Old Forest Road Application The applicant requ'ests relief from Zoning By-law 3036, as amended to permit a rear yard depth of 5.2 metres, whereas the by-law requires 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit to recognize an existi~g non-conforming deck. Recommendation The· City Development Department considers the requested variance to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent · and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That this variance apply only to the deck, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2). 2. That the applicant obtain a building permit for the proposed construction by August 14, 2021, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential Areas -Low Density Area" -within the Woodlands Neighbourhood Zoning By-law 3036, as amended -"R4" -One-Family Detached Dwelling Fourth Density Zone Conforms to the Intent of the Official Plan The property is designated "Urban Residential Areas -Low Density Area" which permits residential uses. The requested variance is intended to facilitate zoning compliance of an existing deck accessory to a detached dwelling.
24 Report PICA 45/19 August 14, 2019 Page 2 Conforms to the Intent of the Zoning By-law The intent of the zoning by-law requirement for a minimum rear yard depth of 7.5 metres is to ensure that useable amenity space is provided in the rear yard. The non-conforming deck contributes to the amenity space in the rear yard while maintaining useable space from the edge of the deck to the rear property line. The existing 5.2 metre separation from the edge of the deck to the rear property line maintains an appropriate buffer. It ensures that the elevated deck does not impose into the privacy of the rear yard neighbour. Desirable for the Appriopriate Development of the Land The proposed 5.2 metre setback to facilitate the zoning compliance of the rear yard deck is appropriate development of the land given the residential nature of the subject and the surrounding properties. The deck will continue to be used to provide useable amenity space in the rear yard. Minor in Nature A reduction from the required 7.5 metre rear yard setback to 5.2.metres is minor in nature. Encroaching 2.3 metres into the required rear yard setback for a deck is appropriate given the existing separation between the surrounding dwellings. Conclusion Staff is of the opinion that the proposed variance conforms to the intent of the Official Plan and Zoning By-law and is considered to be desirable for the appropriate development of the land and is minor in nature. Input From Other Sources Engineering Services Building Services • Ensure proposed deck does not adversely affect existing drainage patterns. No alteration to grading permitted. • In 2018 Building Services received information of a rear yard deck being constructed. It was determined that a building permit (BP) had not been applied for nor issued. BP application was applied for after being prompted by Building Inspector. Choice of building material has resulted in the delay of permit issuance as was not permitted by Ontario Building Code (OBC).
Report PICA 45/19 Date of report: August 7, 2019 Comments prepared by: Felix Chau Planner I FC:DW:nwb \\FS\CSDC\Amanda\docs\templates\CA\programmed\CA Report.doc Attachments fil Deborah Wylie, MCIP, RPP Principal Planner, Development Review 25 August 14, 2019 Page 3
26 ,-----,,.......,;...:.Ro:..;:uge Hill Gou rt City Development Department Sheppard Avenue ~~ \ \ \ \ \ \ \ \ \ \ \ ' \ \ -\ \\ \ \ \ \ \ \ \ \ ~\ \ \ $\ \ \ \ \ \ \ 1'½ \ I l \ '&. \ I \--A\ "O %, cu \\ 0 0:: ti \ \ ~ !':' 0 \X LI.. "O -6 ~~ ·ef'.~ ds, 'I \ \ I I Location Map File: PICA 45/19 L:IPlAN Nl1'G\01-MapFiles\PCA\2019\0CA 4 5-19 P. Premalhas\PCM S..19 _loca!ionMap.m,d \ I I I I ~ 1-------J 0 ~1===1:::--..... C Jgl------1 a., ~ o::,___ __ ~ Exhibit 1
To permit a rear yard depth of 5.2 metres Site Plan ~ (1'1)/ I I I I I I ( §I .1 _, ~, ·' -, .~, ( I I I --Ci~of--PJ(KERJNG File No: P/CA 45/19 Applicant: P. Premathas --•t ,., ;:; g; ,,, ::: ,., ;i! ii: PLAN 81€ Exhibit 2 City Development Department Property Description: Lt 101 & Pt Lt 100, Plan 816, Now Pt 3, 40R-23715 L:\Planning\O 1-MapFiles\PCA \2019 (1442 Old Forest Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: July 11, 2019 27
From: Subject: Application Deborah Wylie, MCIP, RPP Principal Planner, Development Review Report to 28 Committee of Adjustment Application Number: PICA 46/19 Date: August 14, 2019 Committee of Adjustment Application PICA 46/19 Pickering Developments (401) Inc. North West Corner of Bayly Street and Church Street The applicant requests relief from Zoning By-law 2511, as amended by By-law 7 404/15 to permit for Gaming Establishments/Casinos a 2-way Trip Generation Rate of 0.30 per Gaming positions, whereas the by-law requires a 2-way Trip Generation Rate of 0.48 per Gaming positions. The applicant requests approval of this variance in order to comply the by-law requirement for trip generation rate for Gamin.g Establishment/Casino to allow for the appropriate rate of development for the subject lands. Recommendation The City Development Department considers the requested variance to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance. Background In September 2014, the City of Pickering Council approved Zoning By-law Amendment Application A 03/14 (By-law 7404/15), submitted by Pickering Developments Inc., for an integrated mixed-use major tourist destination. The Durham Live master plan includes uses proposed in the current proposal. The By-law was appealed to the Ontario Municipal Board and after an extended hearing, the Board approved By-law 7404/15 on July 7, 2017. By-law 7 404/15 places three Holding (H) symbols on the subject site, with specific conditions for lifting each of the Holding (H) symbols to limit the amount of development that can occur on the property prior to, amongst other matters, road improvements. Pickering Developments Inc., lifted the first Holding (H-1) symbol to permit the submission of building permits for a casino, hotel, arena, and parking structures. Once the holding was lifted, building permits could be issued for the first phase of development as long as the maximum amount of development did not result in a traffic generation rate that exceeded 955 external primary weekday PM peak hour two-way vehicle traffic trips, calculated as per Schedule II to the By-law. The performance standards within Schedule II of the By-law including the 2-way Trip Generation Rate of 0.48 per Gaming positions were based on industry standards or best practices at the time of approval of By-law 7404/15.
29 Report PICA 46/19 August 14, 2019 Page 2 Future phases accommodating film studios and other uses will require the lifting of Holding (H-2) and (H-3) symbols and the submission of applications for rezoning, site plan approval and building permits. Comment Official Plan and Zoning By-law Pickering Official Plan Designation -"Employment Areas" -'.'Prestige Employment" and "Mixed Employment", and "Open Space Areas -Natural Areas" within the Brock Industrial Neighbourhood Zoning By-law 2511, as amended by 7404/15 -"UR" and "MTD(H-2)(H-3)". Conforms to the Intent of the Official Plan The majority of the lands are designated "Prestige Employment" while the "Mixed Employment" is located along the north side of Bayly Street. The lands designated "Open Space System -Natural Areas" are located in the southwest corner of the subject lands. Phase One of development includes a casino, hotel, arena and parking structures within the "Prestige Employment" designation, which are permitted uses and therefore conforms with the Official Plan. Conforms to the Intent of the Zoning By-law The lands that are subject to the casino development are zoned MTD(H-2)(H-3) by By-law 7 404/15. The Holding (H-2) and (H-3) symbols limit the amount of development that can occur on the property prior to, amongst other matters, road improvements. Before lifting a Holding (H) symbol, appropriate agreements and technical studies will be required to the satisfaction of the City of Pickering, the Region of Durham and the Province of Ontario, as necessary. The Region of Durham has commented that it does not object to the approval of this minor variance application subject to a condition requiring the applicant providing an undertaking to the satisfaction of the Region within 60 days of the approval of the minor variance application. The undertaking is to address various matters including the provision of a peer reviewed Transportation Monitoring Study, trip generation rates used in lifting of Holding (H) symbols, implementation of transportation demand management measures and implementation of off-site transportation improvements. These matters can be addressed and secured through means other than an undertaking as proposed by the Region. Other means of securing for these matters include the site plan approval process and site plan development agreements that will be required for the remainder of the initial phase of the development. Future phases will require the lifting of the (H-2) and (H-3) Holding symbols where these matters can also be addressed. · The request to reduce the trip generation rate for Gaming positions from 0.48 to 0.30 is an appropriate refinement to the performance standard, based on more current acceptable standards. This refinement of the trip generation rate ·maintains the general intent and purpose of the Zoning By-law.
Report PICA 46/19 August 14, 2019 30 Page 3 Desirable for the Appriopriate Development of the Land Schedule II to By-law 7 404/15 is used to calculate the traffic generation rate for the development proposed on the subject lands. By approving the variance to reduce the 2-way trip generate rate for casinos, there is no anticipated negative impact to the traffic. The applicant has indicated the proposed rate for casinos is based on 2-way trip generation rate currently accepted by the industry. Based on this information, staff is of the opinion that the requested variance to permit a 2-way trip generation rate of 0.30 for casinos is desirable for the appropriate development of the land. Minor in Nature The proposed variance is appropriate, and therefore is a minor change to the existing site-specific zoning by-law for Pickering Developments (401) Inc. Conclusion Staff is of the opinion that the requested variance to permit a 2-way Trip Generation Rate of 0.30 per Gaming positions is desirable for the appropriate development of land, maintains the intent and purpose of the Official Plan and Zoning By-law, and is minor in nature. Input From Other Sources Engineering Services Building Services Durham Region Toronto and Region Conservation Authority • City of Pickering Engineering Services has no objection with the proposed reduced Trip Generation Rate of 0.30 per Gaming Positions. • no comments • The Region of Durham Planning and Economic Development Department does not object to the approval of this minor variance application subject to the applicant providing an undertaking to the satisfaction of the Region within 60 days of the approval of the minor variance application. The undertaking is to address various matters including the provision of a peer reviewed Transportation Monitoring Study, trip generation rates used in lifting of Holding (H) provisions, implementation of transportation demand management measures and implementation of off-site transportation improvements (see Region of Durham comment letter,· Attachment #1 ). • no objections and no permit required
31 Report PICA 46/19 Date of report: August 13, 2019 . Comments prepared by: Deborah Wylie, MCIP, RPP Principal Planner, Development Review DW:so J:\Documents\Development\D-3700\2019\DCA 46-19 Pickering Developments (401) lnc\Report\DCA 46-19 Report.doc; Attachments August 14, 2019 Page 4
The Regiqnal Municipality of Durham Planning and Economic Development Department Planning Division · 605 ROSSLAND RD. E 4TH FLOOR PO BOX 623 . WHITBY ON L 1 N 6A3 CANADA 905-668-7711 1-800-372-1102 Fax: 905-666-6208 August 121 2019 Deborah Wylie Secretary Treasurer, Committee of Adjustment City of Pickering One The Esplanade Pickering, ON L 1V 6K7 Dear Ms. Wylie, File No: Applicant: Municipality: P/CA46/19 Pickering Developments (401) Inc . City of Pickering Attachment #1 Properties: Northwest Corner of Bayly Street and Church Street Email: planning@durharn.ca Thank you for the opportunity to provide comments on the above noted www;durham.ca Minor Variance application. Comments and conditions from the Region of Brian Brrdgernan, MCJP, RPP ~urham are provided for the City of Pickering's consideration and Comrnissfoher of Planning 1mplementat1on. · arid Economic Development "Service Excellence for our Communities" Purpose of Application PICA 46/19 has been submitted by Pickering Developments (401) Inc. to request a minor variance to By-law 7 404/15 (the 'Durham Live by-law') to request relief from the required 2-way· PM Peak Hour Trip Generation Rate for a Gaming Establishment/Casino from 0.48 per gaming position to a rate of 0.30 per gaming position. Regional Comments The application is accompanied by a letter written by Malone Given Parsons, dated July 16, 2019. · The first phase of the proposed development includes a casino, a 275-room hotel, a 2,500 seat multi-purpose arena and two parking structures at the northeast quadrant of the property. Trip generation rates are applied within traffic studies as a way to forecast the impact of new land uses on the capacity of traffic infrastructure, and are applied through transportation models to detennine if improvements (such as road widenings, traffic signals, or riew road connections) are .needed as a result of new development. If this information is required in an accessible format, please contact Reception at 1-800-372~1102, extension 2551. 32
33 'l
' i\ !' )< : The proposed reduction in the trip generation rate to 0.30 per gaming position as noted in the July 16 letter, is predicated on an LPAT decision dated December 18, 2018 approving a by-law that permits a casino at Ajax Downs. The letter indicates that the results of the Ajax casino LPAT hearing properly informs the correct zoning standard. The Ajax casino by-law is complex, and while it applies a minimum trip generation rate of 0.30 trips per gaming position, as supported by a Traffic Impact Study (TIS), there are a series of safeguards within the Ajax casino by-law requiring that continuous traffic monitoring be undertaken. Through such monitoring, the actual trips generated are tied to the owners' obligations to secure and fund the costs of off-site transportation infrastructure improvements, as identified through a TIS. The implementation of Transportation Demand Management (TOM) measures is also included to reduce automobile dependency. On the basis of the safeguards in the Ajax casino by-law, the Region did not object to use of a trip generation rate of 0.30 trips per gaming position for a Gaming Establishment/Casino use in Ajax. Trip generation rates were put in place in the Durham Live by-law to ensure that an accurate forecast of trips generated from proposed uses would be appli'ed and then modeled, to ensure that road infrastructure within-that arei:i"cbuld effectively accommodate foreca~ted in creases in ' traffic. The'Durham Live By-law ties increases in development · permissions td staged Holding (H) provisions, which in turn require off-site road infrastructure improvements to be constructed based on trip thresholds. Increases in traffic generated by new development would be accommodated through the staged completion of various road projects. The subject lands front onto Bayly Street, with the first phase of development occurring along Church Street. Bayly Street (a Type 'A' Arterial Road) and Church Street south of the CN Rail line (a Type 'B' Arterial Road) are currently Regional Roads. Bayly Street is also identified as a 'Regional Corridor' in the Regional Official Plan. lype 'A' and 'B' Arterial Roads primarily function to provide safe and efficient inter-regional and inter-municipal movement of traffic. A 'Regional Corridor' overlay ensures that identified areas are planned and developed to accommodate higher density mixed-use development, while providing efficient transportation links between Urban Growth Centres and R~gional Centres. Durham Live represents a large scale regional destination that is proposed to provide recreation, tourism, accommodation, entertainment and other uses to the Region. The retention of existing businesses and the attraction of new investment is vital .for protecting the long-term viability and growth of the Region and area municipal economies, One of the underlying components of a vibrant arid growing economy is a well connected, safe, efficient and functional transportation system. Therefore, it is important. 2
that increased traffic volumes generated by the proposed development continue to be addressed in the decision-making process. Transportation improvements should be completed commensurate with the staged completion of development, to ensure that the transportation system continues to function appropriately. This will allow people to enjoy their experience at Durham Live while ensuring that the surrounding land uses continue to function as planned. Accordingly, the Region does not object to the approval of this Minor Variance application, subject to the following conqitions: 1. The applicant provide an undertaking to the satisfaction of the Regional Municipality of Durham within 60 days of the approval of the Minor Variance application, which shall include the following: a. That the owner file a Transportation Monitoring Study (TMS) after six months, but prior to twelve months following the date upon which the Gaming Establishment/Casino is open and· operational, which shall .include actual traffic counts from the · · development and the actual trip generation rate from the · , Gaming Establishment/Casino; , · ·, t,.,:·That the actual trip generatiqn r~t~-id!;?~tifi~tj, within th,e TMS be · : -, used;in all ·subsequent TrafficJmp9,ct Stl!dies (TISs) to support .· · :. · furthe'r development, including· any Sllb!:l~l:1uent development applications to lift any subsequent Holding (H) provision, all in a form satisfactory to the Region; c. That the TMS include recommendations to implement TOM measures such as offsite shuttle services for employees and customers, ridesharing, HOV/BRT site considerations and adaptive traffic control systems etc., to reduce automobile dependency as part of the development to the satisfaction of the Region; d. That any future TIS identify and/or confirm any off-site transportation improvements required for the development, including specific reference to the following improvements: i. intersection widening at BroGk Road and Bayly Street; ii. a proposed crossing of Highway 401 in the vicinity of Notion Road/Squires Beach Road; iii. a proposed-interchange at Highway 401 and Church Street; and/or iv. Any other off-site road infrastructure improvements as may be identified. · 3 34
35 e. That the owner agree to have the TIS and TMS peer reviewed by the Region at the owners' sole expense; f. That the owner agree to implement any required TOM measures identified in any future TIS or TMS to the satisfaction of the Region; _and g. That the owner agree to implement any required off-site transportation improvements to Regional Roads identified in a TIS or TMS as required to serve the development, to the satisfaction of the Region. Please do not hesitate to contact Heather Finlay at 905-668-7711 x2561 or myself should you have any questions or comments. Yours truly, ... Lino Trombino, MCIP, RPP Manager, Plan Implementation cc: Steve Mayhew, Regional Works Ramesh .Jagannathan, Regional Works .. 4 •,·l! •.
Exhibit ..... -----------------------------------6 guigley Street "O (\l 0 a::: E ...... __ _ (\l "5,--+---t §_....,, _ _, 0 Town of Ajax ) I ! ~~~ (_) c:. Town of Ajax ~-'.;::===~;::=X:==::::~:-iClements Roadr-----=r-----.-:::::;_~ 7 \ \ . -Oi;;o/-P](KER]NG City Development Department Location Map File: PICA 46/19 Applicant: Pickering Developments (401) Inc. Property Description: Con 1 Pt Lots 15, 16 & 17, 40R-5623 Pts 1 to 4, 40R-8440 Date: Jul. 22, 2019 L:\PLANNING\01-Mapfies\PCA\Wl9\PCA4S.19 Pickering Developments [Durham U,e}\PCA46-19_loc:allonMap.mxd
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Property Description: Con 1 Pt Lots 15, 16 & 17, 40R-5623 Pts 1 to 4, 40R-8440 Pts 1 to 3, Part Pt 1
(North West Corner of Bayly Street & Church Street)
FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING
CITY DEVELOPMENT DEPARTMENT. DATE: July 22, 2019
1 .(: :i :'.-:•:i·· , .. : ... .... ,....,,.,. The Corporation dfthe Cify of Picker_ing By-law No. 7 4Q4/15 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as s1mended, to implement the Official Plan of the City of Pickering, Region of Durham in Part oflots 15 & 1.6, Concession 1, City_of Pickering (A 3i14) , ' 0MB Order No. PL 150145 July 7, ~017 Whereas the Co.uncif of-The Corporation of the •City of Pickering received an application · to rezone the subject lands being Part of Lots· 15 & 1·6 Concession 1, in the City of Pickeri_ng to permit the dev13lopmf:!nt of a· Major Tourist Dest_ination and to rezone certain lands Urban Reserve as an interim zone until .further information is pn?vlded; And whereas it is appropriate to· amehd By-la'II'. 251°1, as amended, to permit such uses; And wherE;as it is ·appropriate tq permit the development of a Major Tourist Destination in phases With thE;:l use of holding provisions to ensure development agreements are executed and appropriate transportation n(=ltwork improvements are implerriented·to accommodate th.e· increasin.g scale of the development over time; ' . Now therefore the Council of The Corporation of the ·city of P.ickering:·hereby enacts as follows:· · 1. . Schedules I and II Schedule I and ·Schedule II attached hereto with notations and ·references shown · thereon are ti_ereby declared t0 be part of.this By.:.layv. · · 2. · · · Ar.ea Restricted , . ,.•j , ; _,. .. : _ :c, , ·., , , .•.. Th,f::·prcJVision9 of this By-la'A' shaHapply_ to .th~s11, !arn;ls being:P.art of Lots 15 & 16,. , . , ·, . . , . Corices.sion 1 in' the CJty of .Pickering, designated "MTD", "MTD (H-1) (H-2) (H-3)", , ; .. ·:.;. . . . : "MTp'(H-2) (H-3)", "MTD (H-.3)" ancj "UR" on ~ch.edule I attach~d hereto: 3. ·--~.,-· 4 •. General Provisions No building, structure, land or part thereof shall hereatte'r be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. · Definitions In this By-l~w, (1). "Amph.itheatre".shall mean an open-air-ve.nue used.for entertainment and performances having ·tiers of seats arranged around a central area. ---• ---•w-••-4 ~••-Exhibil3~
39 By-law No. 7404/15 · Page 2 (2) (3) (4) (5) (6) (7) (8) (9) (10) . . . · "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 c).ctivities, entertainment activities such as concerts, trade 'shows or other live perfo"rmances, 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" means premises where paintings, sculptures; or other works of art are exhibited or so_ld .. "Bake Shop" means an establishment where baked goods are made and sold to the public .. ''Bµildin~" means a structure occupying an area greater than 10 square metres and cons.isting of .any combii:iatiol') of walls roofand floor but shall not include a mobile home. · "Blisiness Support Services" means an establishment used to provide support services to businesses· which are characterized. by one or more of· the following features: the use of meehanical equipment for printing, duplicating,. binding or photographic processing; the provision of office . • maintenance or custodial services; the provision bf office security; and the sale, rental; repair or s.ervfcing of offi~e equipment, furniture and : machines. Typic:::al L}ses include printing establishments, film processing establishments, janitorial firms and office equipment sales· and repai'r establishments. "Commei:cial Fitness/ Recreational Cen_tre" means a commercial . estal:ilishme·nt in which indoor fitness and recreational facilities· such as bowling alleys, miniature golf courses, roller skating rinks, squash courts, swimming: pools, exercise classes and other indoor recreational fa.cilities are provided and operated for gain or profit, buldoes not include an arena, stadium or place of amusement or entertainment as defined herein. "Commercial School" 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/recreation centre. · · "Community Centre" means a multi-purpose facility or .part of that facility owned and operated by the City of Pickering, which offers a variety of , programs aRd facilities of a recreational, cultural, community service, . information or iRstructional nature. · · "Convenience Sta.re" means a retail store with a maximum leasable floor area of 500 square metres.where articles for sale are restricted to a fimited range of goods, primarily food, toiletries, housewares, stationary and other similar daily household necessities, but does not include· a supermarket.
··, .. ,., ... By-law No. 7404/15 Page3 (11) "Convention or Conference Centre" means a building or part of a · building designed or intended to. be. usetj for such purposes. as civic meetings, educational meetings, political meetings, .conventions, conferences, trade shows, recreational activities or social activities and . may include ancillary banquet facilities. (12) "Qay Care Gentre" ·means: (13) (.14) i. indoor'and_outdoor premises where more than 5 children <;1re provided with temp·o~ary care and/or.guidance.for a continuous period but does not provide overnight accommodatio'n and are licensed in accon;lance with the applicable Provincial Act-; or, . · ii. indoor and outdoor premises in which care is offerea or supplied on a regular schedule to adults for a portion of a day but does not provide overnight accommodation. · "Ory-Cleaner's 0istribu~ing Centre" means 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 premises 1n :which the ·business of laundry·or dry-cleaning is housed and where the cleaning, drying, ironirrg, . and finishing of such goods are condljcted. · (15) "Entertainment Complex" means a building or part of a building; or · · group of buildings· and facilities des·igned and intended to be used for a (16) ..... (17) (18) ,,variety of entertainment purposes, such as, but riot limited to, major tourist estabJishment, nightclub, place of amusement, performance arts centre, or waterpark/wavepool. · "Financial Institution" means a building, or part.thereof, where money is deposited, withdrawn, kept, lent or exchanged. · .1'Floor Area" means the total ·area of all floors of a building within the . outside walls or outside finished furred partitions of the vv.alls, but.does not •include a porch, non-waik-in bay wind.ow, attic, basement, enclosed or roofed walkways or loading dock. "Gaming Establi~hmenti• or "Casino" means an establishment which is used or intended to be used for gaming purposes, such as, but not limited to, the playing or. operating games of chance or mixed chance arid skill, on which money may be wagered, and includes, but is noflimited to, arcades, casino halls, video lottery gamfng and slot machine gaming, ·and where a license has been issu~d by the Ontario Lottery and Gaming Corporation: . "G.ross Floor Area" means the aggr~gate.of.all flqor areas-of a building or structure above or below established grade, whicli floor _areas are measured between th~ exterior faces of the exterior waits of the building at · each floor level but exctuding 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 oo.urt shall be deemed to be exterior walls. · · 40
41 By-law No. 7404/15 Page4 (20) "Gross Leasable Floor Area" means the total gross floor area designed for tenant occupancy and excluslve use, including basements, mezzarifnes and upper floors, if any, expressed in square metres and measured from the centre line of joint partitions and from o_utside wall faces. (21) "Ground Floor;' mearis the floor of a builcjing approximately at or first -· above grade. . (22) (23) "Ground Floor Area" means the ·gross floor area orily on the ground floor. "Height, Building" shall mean the vertical distance between the established grade, at the front of the building, 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, ttie mean height between eaves and ridge. (24) · "Hotel" means a builcjing, or group of buildings, each containing sle~ping (25) (26) (27) (28) (29) · accommodation, catering primarily to the traveling public, for rer:it or hire for temporary lodging. Hotel may also inclucie ·restaurant, public hall and ancillary services and retail uses, whfch are incidental arid subordinate to the primary ho_tel function i:!nd oriented to serve the hotel patrons. "Landmark Building"-means? building that is distinguished and recognized due to architectural .excellence, prominent use, cultural importance or its positive contribution to the City of Pickering skyline and sense of.place. "Loading Space" means an unobstructed ?rea 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 vehide while merchandise or materials arf, being loaded or unloaded from such vehicles. · "Lot" shall niean an area of land fronting on a street which is used or intended to be used as the site of a building, or .a group of buildings as the case may be, together with any aecessory 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; "Major Tourist Establishment" means a non-retail establishment which provides recreational, leisure, entertainment and touri::;t activities that is a major attraction due to its uniqueness, significant scale and appeal to visitors, but does not include any other use permitted by this by-law. "Medical Office" means premises designed and used for the diagnosis, examination, and medical, surgical or physicitherapeutic treatment of .. human patients, and which may include pha.rmacies and dispensaries ·.which are lim.ited to the rf,quiremE;Jnts of Retail Sales, Ancillary definition, waiting rooms,.treatment rooms and blood testing clinics, bµt shall not include overnight accommodation for in-patient care.
·, .. ,-.. By-law No. 7404/15 Page 5 (30) "Nightclub" shall mean a building, or part thereof, whose· primary function is the provisioh of theatrical performances, pre-recorded 117u~ic, or .live . nius1cal.entertafnment, .wh·ether such music is provided for listening or dancing by the -patrons, or any combination of the above functions, ·and where food and/or beverages may be seryed, but does not incl_ude a restaurant. · (31) "Offi_ce'; me~ns a· quilding or part thereof, where adm·i_nistrative and clerical functions are carried out-in the management of a business, profess"ion, organization or public adrninistrati.on but shall not include a medical office.· (32) . "Parking Area" ·means one_ or more parking spaces, including related. aisles, for the parkjng or storage of vehicles. · · (33) . "P.arking Garage" means a building,. or part.tlier~of, used for the parking of vehicles c;i.hd may include any permitted use in the first storey, but shall . not include any area wliere vehicles for sale or"repair are kept or store·ct. · A _parking gar~ge i_ncludes unde:,rground parking and a parking structur~. _ :(34) (35) (36) (37) (38) (40) "Parking Lot" means a lot-or portion thereof provided for the parking of vehic(es·accessory_or inciclental fo the m;~in use. . . "Parking Spa_ce" means a,n area of _land or building that is• accessible by a driveway or aisle, having access to"a street or lane that is reserved for th~ purpose of the temporary P8:rking or storage of one vehicle. "Persona£ Service Establishment" means a building, structure_, ·or part thereof, where services· a.re provided and administered to individual and personal needs and where retail s1:1le of goods accessory to the service· provided.is permitted and include, put is not limited to, hair carf!, · aesthetics, health and beauty treatment, dressmaking, tailoring, shoe shinning and repair, laundromat an~ laundry depot. "Place of Amusement" means premises which are devoted to the offering of facilities for the playing of any game for the amusement of the public, and includes a cinema or otli~r theatre, billiard or pool rooms,. bowling alleys ~r; electronic games. "Private Club" means a building; or part thereof, -used for-social, cultural, athletic or recreational activities by its members and guests or by a fratf!rnal organization, which are not operated for profit. · "Performance Arts Centre" shall mean a building or part of a building _used for-the rehearsal and presentation of live·entertainment such as, but not limited to, music; dance or t_heatre. · "Restaurant" mean~ a ·building or part of a building wh.ere_the principal bysiness _is the pr_eparatiqn of food 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: . • l --------· •~---.. ' 42
43 By-law No. 7 404/15 Page 6 (41) "Restaurant Plaza" means a complex df a minimum of three restaurants that are organized around a landscaped open space area .. (42) · "Retail Sales, Ancillary" means a" retail store use which is associated with, but clearly subordinate to, a Permitted Principal or Secondary Use: _(43) (44) (45) · (46) (47) · . . i. . with a maximum gross leasable area of 15 percent of the building; ii. with a maximum gr•-ss leasable area of 500 qquare metres per · ancillary retail sales use; and, ' iii. with a direct internal access to the Permitted Principal or Secondary Use. · "Retail Store" means premises in which goods and merchandise· are offered or kept for retail sale or rental to the public. This definition shall not include any establishmen~ otherwise defined in this By-law. "Slot Machine Gaming" means a gaming device, mechanically, electronically or otnerwise. operated or intended to be operated for gaming 'purposes by means qf insertion of money or cards or coins equivalent to money. "Structure" niea11s anything that is erected, built or construqted of parts joined together or any such erection fixed to or supp6rted by the sqil and/or any other structure but excludes a11 in-ground swimming pool. "Supermarket" means a building, or part thereof, cbntaiRing a departmentalized food store, but does not-Include a convenience store. "Vehicle Rental° Establishment" means a building, or part thereof, where new or used vehicles are offered for rent and may include the storage and display of vehicles and _may inclt:ide an associated vehicle repair shop for the repair of the rental vehicles only. · (48) "Waterpark" or "Wave Pool" shall mean an ind_oor or outdoor premises where people may bathe, swim, or lounge within poois or tanks of water. ' . . '' . . . 5. Provi!'?ions ("MTD'! Zone) (1) Permitted Principal Uses ("MTD" Zone) (a) No person shall, within the lands zoned "MTD" on Schedule I attached hereto, use any lot or erect, alter or .use any building or structure for any purpose except the following: (i) Amphitheatre · · (ii) Arena (iii) _· ~onventiori or Conference Centre·· . (iv) Film Studio · '('J) Gaming Establishment/Casino (vi) Hotel · (yii) Medical Office
By-law No_. 7 404/15 (viii) (ix) ·(x) (xi) (xii) ·(xiii) Major Tourist Establishr:nent · Office Performance Arts Centre Restaurant Plaza Stadium ,Waterpark/Wave' Pool (2) Permitted SecondaFY Uses ("MTD".Zone) (a) No person sha.11,-within the la.nds zoned ~MTD" on Sched.ule I Page 7 · attached hereto, use -any lot or erect, alter or use any building or structure for any purpose except the following uses whicli are only permitted when 'a mir.iimum of two Permitted Principal Use, as listed in Subsection 5. (~) of this.by-law have been constructed: (i) . Art Gallery (ii) Banquet Facilities (iii) · Botanical Gardens (iv) Cinema · (v} Commercial Fitness / R.ecreatioff Centre . (vi) : Commercial Parki.ng Lot and Commercial Parking lot Structure . (vii) {viii) .(ix) Community Centre Community Gardens . ·curling Rinks, Tenr.ii? Courts, Bowling Alleys or similar recreational facilities (x) . Financial Institution (xi) Museum (xii) Nightclub · (xiii); Spa (3) . . Permitted Support Uses ("MTD'' Zone) (a) No persoti shall, within the lands zoned "MTD" on Schedule I attached hereto, use any lot or erect, alter or use any ouilding or structure for any purpose except the following uses which are only permitted when integrated within a Permitte·d Principal Use or . ' Permitted Secondary Use, as listed in Subsections 5. (1) and 5. (2) of this by-la~: · (i) Bake Shop (ii) Business Support Services (iii) Commercial School (iv) Day Care Centre (v) Dry-Cleaner's Distribution Cer.itre (vi) Personal Service Establishment (vii) Place of Amusement (viii) Private Club (ix) Retail Sales, Ancillary .. ····-~---· . . 44
45 By-law No, 7404/15 · (x) Restaurant (xi) Travel Agent (xii} Travel Information Ceritre . (xiii) Vehicle Rental Establishment (4) Zone Requirements ("MTD" Zone) Page 8. No person shall witbin the lands designated "MTD" on Schedule I attached hereto use any lot or erect,. alter or use any bujlding or structure except in accordance with the following prciyisions: . (a) Buildin·g Height (maximum):-25. storeys (5) Additi.onal Requirements ("MTD" Zone) (a) A gaming establishment/casino use is only permitted as part of a _hotel, conyention or conference centre, entertainment complex. (b) The total gross floor area of all existing or proposed Permitted Secondary Uses and Permitted Support Uses in the "MTD" Zone, as listed iri Subsections 5. (2) and ·5_. (3) of this By-law shall not exceed. 15 per.cent 9f the total gross floor area·of all existing or proposed· P~rmitted Principal .Uses in the· :'MTD" Zone, as listed in Subsection 5. (1) of this By-law. (c) Tb~ total gross floor area cif all Restaurant Plazas shall nof exceed 15 percent of the total gross floor area of all uses within .the "MTD" Zone. · · (d) Despite Clause 5. (5) (b) the total gross floor area of all existing or . proposed Restaurant Plazas in the "MTD" Zone, shall be excluded from the total gross floor area of all existing or proposed Permitted . .Principal Uses in the "MTD" Zone, as listed in Subsection 5.(1) for the purpose of calculating total gro.ss floor area of all existing or proposed Permitted Secondary Uses and Permitted Support Uses in the. "MTD" Zone, as listed in Subsections 5 (2) and 5. (3) of this By-law. (e) The following Permitted Support Uses shall have a maximum gross leasable area of 500 square metr_es per individual use: · (f) (i) Dry-Cleaner's Distribution Centre (ii) Personal Service Establishment (iii). Retail Sales, Ancillary (iv) Travel Information Centre. Despite Clause 5. (4) (a) of this By-law, landmark buildings having a maximum height of 35 storeys, may be permitted on lan_ds zoned "MTD". . ·---· -·--. --·-·--------
By-law No. 7404/15 Page 9 (6) Parking Requirements ("MTD" Zone) (a) The minimum parking requirements for the lands designated "MTD" on Schedule I attached hereto, ·shall. be the largest cumulative total . number of spaces -require·d for all uses for a Weekday-Morning, Weekday-· Noon, Weekday -Afternoon, Weekday-Evening, Saturday -Morning, Saturday -Noon, Satur.day -.Afternoon, or Saturday-Ev~ning parking period, derived by applying, for each existing and proposed use, the respective parking space rate set out in Clause 5.(6)(b) of th.is By-law and then applying the parking space . reductions where applicable for each of the cjifferent parking periods, as set out in Subclause 5,.(q)(c) (i) and (ii), Hie Occupancy RaJes..: Percentage of Peak Period tor Weekdays and Saturday Charts. (b) The minimum parking rates for the uses permitted in a "MiD" Zones shall be provided in accordance with the following provisions: (i) Amphitheatre/ Arena/ 1.0 space per 4 fixed seats, but Cinema·/ Stadium/ where permanent fixed seating is Performance Arts Centre open-style bench or pew, each 0.5 -· metres of bench _or pew space is . equal to one (1) seat for the purpose of calculating requ_ired parking ·(ii) Botanical Gardens / .. 1.0 spaces per.100 square metres Comm unity-Gara en of gross leasable floor area of ·• building oh site . (iii) . Pay Care Centr.e / Dry-3.0 spaces per 100 square metres . CJe.aner's Distributing tei:itre / · Business Support Services / of woss leasable floor area Office/ Travel Agent./ Travel Information Centre/ Community Centre/ V_ehicle Rental Establishment (iv) Retail Sales, Ancillary· · 3.5 spaces per 100 square metres of gross leasable floor area .(v) Art Gallery/ 1\/)0seum 1 .4.0 spaces per 100 square metres . Waterpark / Wave Pool / of gross leasable floor area; or 1.0 .. MaJor Tourist Establi_shment spac·e per 4 capacity, whichever is oreater (vi) Commercial School I f 5 spaces per 100 square metres Financial Institution/ of.gross leasable floor.area .. Personal Service I SP.a (vii) Comm~rcial . 5.0 spaces per 100 square metres. Fitness/Rec::reation Centre J of gross leasable· floor area Private Club/ Place of Amu.sement .. 46
47 By-law No. 7404/15 (viii) ·Restaurant/ . Bake Shop (ix) Medical Office (x) Banquet Facilities/ Convention or Confere"nce Centr~/ Nightclub (xi) Curling rinks, tennis coun;s, bqwling alleys or similar recreational facilities (xii) Gaming Establishment/Casino ·(xiii) Hotel · ~xiv) All other uses Page 10 6.0 spaces per-100 square metres of gross leasable floor area 6.5 spaces per 100 square metres of gross leasable floor"area · 10.0 spaces per 100 square metres of gross leasable floor area 4 spaces per ice sheet, court or lane or similar recreational fac_ility provided that, where facilities for a restaurant,· nightclub or assembly hall ·are also provided1 the greater parking requirement for either the recreational ·facilities or for the assembly floor EJrea shall apply. 1.0 space per gaming position 1.0 space per guest room; plus 10.0 spaces per 100 square metres non-res_ideh~ial g·ross floor area used for public use including meeting rooms, conference rooms, recreational facilities, dining and lounge ar~as and other commercial facilities, but excluding bedrooms, kitchens, laundry rooms, washrooms, lobbies, hallways, elevators, stairways ,and recreational faciliti_es directly related · to the function .of the overnight · accommo.dation . , · .4.0 spaces per 100 square metres of gross leasable floor area
48 By-law No. 7 404/15 Page 11·. (c) · Shared Parking Permitted Reducti~ris Calcula,tion: (i) Occupancy Rate -" Percentage of Peak Period (Weekday) ·A B C D E Type of Use Occupancy Rate -Percentage of Peak Period (Weekday Morning Noon Afternoon Evening Gaming 70 70 70 100 Establishment/Casino .. Office/Medical · 100 90 95 10 Office/Financial Institution Banquet t=acilities / 90 90 90 100 Convention·or Conference· ·. Centre Performance Arts Centre / -10· 10 70 100 Arena. Retail Store/Personal 80-90 90 · 90 · Service Establishment Restaurant 20 .100· 30 100 Hotel 70 70 70 100 .. (ii) Occupa~cy Rate -Percentage of Peak Period _(Satwda~) A B .C D E Type of Use. Occupancy Rate -Percentage of Peak Period (Saturdav) Morning Noon Afternoon Evening· Gaming 70 ,80 .100 100 Establishment/Casin9 Office/Medical to. 10 :10 10 _,Office/Financial Institution Banquet Facilities/ 90 90 100, 100 Convention or Conference Centre Performance Arts Centre / 10 io l?,0 100 Arena
49 By-law No. 7404/15 Page 12 A B C D E Retail Store/Personal 80 100 100 70· Service Establishment Restaurant 20 100 50 100 Hotel 70 70 70 100 (d) Special Parking Requirements: Clauses 5.21.2(a), 5.21.?(b), 5.21.2(e), 5.21,2(f), 5.21.2(g), and 5.21.2(k) of By-law 2511, as amended, shall not apply to lands designated "MTD" on Schedule I attached hereto. 6. Provisions ("UR'! Zone) (1) Uses Pem,itted ("UR" Zone) No person shall within the lands designated "UR'i on Schedule I attached hereto use any lot or alter or use any building or.structure for any purpose except for the following: (a) outdoor recreation uses without buildings or structures; (b) · preservation and conservation of.the natural environment, .soil.and wildlife; cir · (c) 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 p!Jrpose for which they were used on the day this by-law was passed.· • · 7. · Provisions ("MTD (H-1)" Zonej (1) Uses Permitt~d-("MTD (H-1)" Zone) (a) Until such lime as the "(H-1)" Holding Provision is lifted, the lands shall not be used for any purpose other than those uses permitted by Section 6. of this by-law. · · (2) Zone Requirem~nts ("MTD (H-1)" Zone) The."(H-1)" Holding Symbol shall not be removed from any lands designated "MTD" on.Schedule I attached hereto, until such-time· as:
· By-law No. 7404/15 · Page 13 (a) A Master Development Agreement between the owner of the lands and the City of Pickering, prepared to the satisfaction 0f the City of · Pickering, has been executed and registered on title to the lands, that "includes, but is not limited to the following: . . (i) A Phasing Plan _ (ii) . A Master Grading anq Drainage Plan (iii) Tree Presenration, Compensation and Enhancement Plans (iv) Urban Design Gui_delines (v) Site Design Performance Standards· . (vi)-Master Landscape Plans . (vii) (::onsfructioli Management Plan (b) ··Appropriate arrangem~nts and/or site plan agreements and/or ·development agreements have been made between the Owner of_the lands and the City of Pickering, to the satisfaction of the City of . Pickering, that_ all the requirements for the development 0f the Major'' Tourist Destination Zone have ,been complied with, including but not limited to, environmental and engineering requirements, building and site designs, including the requirement for easements, urbanization of the abutting roads and all firiancial matters; · (c) Appropriate arrangements and/or agreements have·been made between the Owner of the lands and the Region of Durham, prepared to the satisfaction of the Region of Durham, for the provision of sanitary, wafer and Regional transportation, environmenfal and· engineering requirements, inciuding -all financial matters; · (d) .· Appropriate arrangements have been made between the Owner of· . . the la_nds and the Toronto Region Conservation Authorlty, tci the · ·satisfaction of the Toronto Regiori Conservation Authority, for the provision of environmental, engineering and land conveyance requirements; (e) Appropriate arrangements have been made between the Owner of the lands and the Province of Ontario, to the satisfaction of the ' ·Province of Ontario, for the provision of transport9tion requirements '. under Provincial jurisdiction; and · · (f) The City of Pickering is satisfied .that the maximum amount of development proposed will result in a traffic generation rate that does. · ncit exceed 955 external primary weekday P .M. p~ak hour two-way vehicle traffic trips calculated as per Schedule II attached to this· By-law, and validated within a Transportation .Impact Study ·prepared to the satisfadion of the City of Pickering, the Region of Durham and the Provin~e of Ontario. · 50
51 By-law No. 7404/15 Page 14 8, Provisions ("MTD (H-2)" Zone) (1) Uses Permitted ("MTD (H-2)" Zo"ne) Until such time as the "(H-2)" Holding Provision is lifted,.th~ lands may be used for any purpose permitted by the "MTD" zone 9f this By-la'w, provided the traffic generation rate ·of. the existing and proposed uses does not exceed 955 external primary weekday P.M. peak hm.ir two-way vehicle trips calculated as per Schedule II and as validated within a Transportation Impact Study prepared to the satisfaction of the City of Pickering, the Region of Durham and the Province of Gntario. · (2) Zone Requirements ("MTD (H:2)" Zone) • I The "(H-2)" Holding Symbol shall not b~ removed from the lands designated "MTD" on Sche.dule I attached:hereto, until suc_h time as: . . . (a) Appropriate arrangements and/or site plan agreements and/or development agreemeAts have been made between the Owner of the lands ar:id Uie City of Pickering, to the satisfaction of the City of Pickering,.that all the requirements for the of development in ·the Major Tourist Destinatioh zone have been complied with, fncluding but not limited to, compliance with the Master.Development Agreement, including all financifl.l matters; (b) Appropriate arrangements and/~r agreements have been made between the Owner o_f the l?-nds and the Region of Durham, p'repared to the satisfaction of the Region of Durham, for the provision of sanitary, water .and Regional transportation, environmental anc;l engineering requirements, including all financial matters; (c) Appropriate arra'ngements and/or agreements have been made between the Owner of the lands and .the relevant agency having jurisdiction, to the satisfaction of the relevant agen,cies (being, the City of Picl<eririg, the Region of Durham and/or the Province of Ontario), for the construction of the Notion Road and Squires Beach Road connect'ion, including all financial and Environmental Assessment matte~; and (d) _The City of Pickering is satisfied that the maximum amount of development existing and proposed will result in· a traffic generation rate that does not exceed 1935 external primary weekday P:M. peak hour two-way vehicle trips calculated as per-Schedule II attached to this By-law, and validated within a Transportation Impact Study·· · prepared .to the satisfaction of the City of Pickering, the Region of Durham .and the Province of Ontario. · · ·
. By-law N0. 7404/15 . Page 15 9.. Prov:isions ("MTD (Hw3)" Zone) (1) Uses Permitted (".MTD (I:-l-3Y' Zone) . . . . Until .such tim'e as the "(H-3)" Holding Provision is lifted, the lands may be . used for any purpose permitted by the "MT,D" zone of this by-law, provided the traffic generation rate··of the existing and proposed uses does not. · exceed 1935 exte·rt1al primary weekday P.M. peak hour two-way vehicle · trips. calculated as per Schedule II and as validated within a Transportation Impact study prepared to the satisfaction of the City of Pickering, the Region of Durham and the Province of Ohtarici. · (2) Zone Requiremer:its· ("MTD (H-3)" Zone) · The "H-3" Holding Symbol shall ·not be removed· from the lands d?signateq "MTD" on Sch_edule I attached hereto, until such time as: (a) Appropriate arrangements antj/or site plan agreements and/or development plan agreements have beet1 made between the ow·ner of the lands and the City· qf Pickering, to the satisfaction of the City of Pickering, that all the requirements for the dE,:lvelopment in the Major Tourist D~stiriation zone have been complied with, including but not · limited to, compliance with the Master Development Agreement, including all financial matters; . . (b) Apprq·priate arrangements and/or agreements have been made · between the Owner of the lands and the Region of Durham, prepared . the satisfaction of the Region· of Durham, for the provision of sanitary, . water and Regional transportation, environmental and engineering · · . .requirements,. induding all finaricial matters; and; · (c) Appropriate arrangements and/or agreements have been made between the Owner of the lands and the relevant agency having jurisdiction, to the satisfaction bf the relevant ag.encies (being t~e _City c;if Pickering, the Region of Durham and/orthe Province of Ontario), · . for the construction of a new partial interchange on Highway 401 at· Church Street, including all financial arid Environmental Assessment matters. · · · · · 10. By-la:W 2511 · By-law 2511, a~ amen_ded, is hereby further amerided 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 rnatters not spe9[fically aealt with ln this By-law shall be governed by relevant provisions of · . By-law 2511, as amended. · 52
53 By-law No. 7404115: p·age 16 11. · Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act, · By-law passed this 19th day of January, 2015.· David Ryan_, Mayor Debbie Shields, City Clerk
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55 Schedul~ II to By-law 7404/15 For.the purp.ose. of this By-law, the amount of different land uses· permitted on the lands zoned Major Tourist Development (MTD) for the liftjng· of the "(H)"·-Holding provisions, is based on a calculation to establish the external primary weekday PM peak hour 2-way vehicle trips. This calculation is based on the type and amount of the different . permitted land uses, then ~alculated u~ing various traffic factors. Table A, Table B an? ·Table C attached hereto are part of Schedule I! to" this by-law:·. The following ate the Column identifications from Table A: Column A Pemiitted Land Use from the MTD Zone Column B Independent Variable Column C Land Use Intensity Column D 2-way Trip Generation Rate Column E G2TV Gross 2-Way PM Peak Hour Traffic Volum~s Column F, Inbound.% Inbound Percent Colum·n G G.2TV~ I Gross 2-Way Prvl Peak Hour Traffic Volumes -Inbound Column H Outbound% Outbound Percent Column I G2TV-O Gross 2-Way PM Peak Hour Traffip Volumes -Outbound Column J TDMR%. Traffic Demand Management Reduction Percent Column K TDMRA, Traffic Demand Managenient Reduction Allowance Total Column L T0MRA-I Traffic Deman<;l Management Reduction All_owance -Inbound Column M TDMRA-0 Traffic Demand Management Reduction Allowance -Outbound Column N .TUR%. Transit Use Reduction Percent Column 0 TURA Transit -Use Reduction Allowance Total Column P TURA-1 Transit Use Reduction Allowance -Inbound Column-Q TURA-0 Transit Use Reduction Allowance -Outbound Colu·mn R · .NE2TV Net External 2-wav Traffic Volumes Column S. A2TV Adiusted 2-Wav Traffic Volumes Total .Colurriri T. A2TV-I Adiusted 2-Wav Traffic Volumes -Inbound Column U .A2.TV-O Adjusted 2-Wav Traffic Volumes -Outbound ColumnV TWITV Two-Wav Internal Traffic Volumes ColumnW Pass-Bv% Pass·-'Bv Percent Column X PBV Pass -BV Volumes Co.lumn Y TTG Total External Primarv PM Peak Hour 2-Wav Traffic Volumes . . The proce,;s to calculate the External Primary Weekday PM Peak Hour 2-Way Traffic Volumes is listed below and is to be followed for each proposed lands use, and thr;,n the sum of these totals represents the External-Primaty Weekday PM Peak Hour 2-Way Traffic Volume for that am~unt of.development in the. "-MTD" zone. ·
56 . Schedule II to By-law 7 404/15 Page2 Step 1: Gross 2-Way PM Peak• Hour Traffic Volumes ~G2TV)_ is calculated by: 1. Find appropriate Permitted Use in Colilmn A ·in Table A. . 2. From the development proposal' determine the independent variable from Column B. 3. Calcalate the corresponding land use int~nsity and note in Column C. 4. Multiply Column C by ColumnD to determine the G2TV (write down in Coll!mn E) .. 5. Multiply Column E being_±he G2TV by Co_lumn F (Inbound%).= G2TV Inbound . '(write down G2TV inbound in Column G), · 6. Mulfiply Column E b~ing .the G2TV by Column H (Outbound %) = G2TV Outbound . (write down G2TV outbound in Column I). · Step 2: Traffic De~and Management AHowance total (TDMRA) is calcDlated by: . ' . . ~ 1. Multiply the G2TV (Column E) by Column J (TOM Reduction %). · 2. Equals := TDMRA (wri½e down TDMRA in C'olumn K). · . 3. Multiply TDMRA (Column K) by Column F (In.bound %) = TQMRA Inbound (write down TDMfA-I in Column l). . 4. Multiply TDMRA (Colwmn'K) by Column H (Outbound%)= TDMRA-Outbound (wri½e down TDMRA-0 ~olumn M). . Step 3: \,;._.,..,· Transit Use Reductic:m Allowance (TURA) is,calculated by: 1. MulUply G2TV (Column E) by Column N (Transit'Use Reductio_n %). -2. . Equa!s = JURA (write down TURA in Coiumn 0). · . . . . :3_ Mµ1tiplyTURA (ColLJmn 0) by Column P: -(Inbound %) == TURA-lnbOL~nd (write dowh TURA-I in Column-P). . • . . .. 4. .· rvi'ultiply TURA (,C~lumn 0) by Column H (Outbound %) ::: TU.RA Outbound (write ,down TURA-0 in Column Q). · Step 4:· Net External 2-way_TrafficVolumes (NE2TV) is cal~ulatect' by: 1. G2TV '(Column E) r.ninu~ TURA (Column 0) minus TDMRA (Column K). 2. Equals = A2TV (write down in Column S). · . . ,,.. 3. A2TV. minus TWITV (TWITV wiH be calculated in the next Step 5 calculations). 4. Equals = NE2TV (write down in Colunin R). Adjusted 2-.Way Traffic Volumes (A21V) Inbound is calculated by: 1. G2TV lnqound (Column G) minus TURA-I (Column P) minus TDMRA-I (Column L).. • 2. Equals= A2TV-I, (write down in Column T). -_, ....... __ .;___~.
57 Schedule II to By-law 7404/15 Page·3 Adjusted 2-Way Traffic Volume (A2TV) Outbo.und is cal~ulated by: 1. G2TV-9 (Column 1) .minus TURA-O (Column Q) minus. TDMRA-O (Column M). 2. Equals :::: A2TV-O, (write tjown in Column U). · · Step 5: . '' Two~Way Internal Traffic Volumes (TWITV) is calculated by: 1. Use Table B and Table C. Table .B is for internal inbound calculations·. Table C is for iAternal .outbound calculations. 2. Utilize A2TV-I (Column T) values per land use with Table B. 3. Utilize A2TV-O (Column U) values per-land use with T~ble C. 4. Create a matrix for the proposed land use pairings by multiplying the percentages found in Table B by A2TV-I (Column T) valwes. 5. Create a second matrix for the' same proposed land u?e pairings by ml!ltiplying the percentages found in Table C by A2TV-O (Column U) values . . 6. Create a third matrix by comparing m·atrices for ·Inbound and' Outbound internal • trips, and select 'the lower of the corresponding values for the appropriate land use. pairings. . , 7. Sum together the Inbound (i.e., volumes within rows) and Outbound. (i.e., volumes .within columns) for each land use. . 8. Equals= TWITVfor each land use, write down in Column V. · · 9. Calc1.jlate NE2TV (~olumn R): A2TV (Column S) minus TWITV (Column V) for ea.c land use and (write down NE2TV in c.olumn R). Step 6: Pass -By Volumes (PBV) calculated by: 1. Take NE2TV (Column R) and ml!ltiply by PB% (Colum1i W) and write in co·lumn X. Step 7: l;Q~al E.xternal Primary PM Peak Hour 2-Way Traffic Volumes (TTG) is cp.lculated: 1. Take PBV (Golurrin X) and subtract it from. NE2TV (Column R) for each land use. 2. Write down in Column Y the Total External Primary PM Peak Hour 2~Way Traffic Volumes (TTG). Step 8: 1. · Total all the TTG for the land. u·ses with the existing and proposed development and record in the bottom Total Box.· Compare the total box with the cjevelopment. thres~old limit contained in the "(H)" ~ Holding provisions of. the By-law.
Table A of Schedule II_ of By-law 74g,·· 'i
Traffic Generation Rates for Major Tourlst Destlnatton Uses
"""" T•NUrnbar°11ftvta-w.1y1111tcimobUalrlpa
x .. 1nd1pond1ntv.1111iblo (,.e,. floor•l'III In 100 s(luuom1ttu,11umb111"11fsu\J,11tt..J
ll1•rhtvrall11rartrhm
Trip Gon beed tpan land usa qen11r:1Un1; domandforP01l<lnp~t::==f
47%
44%
55% I 44%
56%
66%
50%
+1.63 28%
srw-:-r---
85%
63%
46%
67%
67% J
i i i
63%
56%
45%
58%
·M~ 42¼
60¼
72.%
84%
3'% .,,.
14¼
63%
• 39% 1s,,
37%
52%
43%
.1.· 33%
O¼
10¾ O¼ 0% 0%
0%
0%
0%
0%
0%
0%
0%
10%
0%
0% I 1·
10%
0%
0%
0%
0%
0%
O¾ o,i.
0%
• 0%
10%
0%
0%
"' 0%
0%
0%
'10% o~_ -~
w•
0%
0%
25%
5%
0%.
10%
25%
0%
"'
'
0, ex,
59 · Table 8 of Schedule II of By-law. 7404/15 · Internal PM Peak Hour Inbound Trip Percenta~es outbound (i e., from Casino Cinema etc) "cl C Cl 0 .0 .!:: . Casino, Place of Amusement, Major Tourist Establishment · Cinema Offi9e, Comm. School, Medical Office, Travel ~gent, Travel Info Centre Convention Ceritre, Mu.seum, Hqtel, Spa Performance Arts Centre, Amphitheatre. Are.a, Stadium Restaurant Complex, Restaurant, Nightclub. Walerpark/Wa\re Pool , Botanical' Gardens, Communily'Gardens Dry Cieane~s Dist'n Centre, Day Care Retail Sales, Ancillary, Art Gallery, Rnancial lnstttution, Personal . Service l;'slablishment 5% 5% 20% 25% 5% 10% 20% 5% ·10% 20% 20% . 20% E Cl OJ ., ::, :a ~-c OJ (.) C: a· ~ OJ >. C: 0 u 15% ·ts% . "' a. .(J) 15% 5% 20% 5% 30% . 10% 10% 5% 20% 10% 10% ~ "' u iu' 0 t C: OJ u c .!!2 .o . ., "L OJ C: "' OJ 0 i'::' 0 5% 5% 5% 5% •
Table C of Sched.ule II of By~law 7404/15 Internal PM Peak Hour Outbound Trip Percen~ages Inbound (i.e., to Casino, Cinemaetc) u" .; ",-E QJ C u o' .5 u, "' 0 E ,g af s i, t: ::, 0 :a ·,, 0 Casino, Place of Amusement, : Major Tourist Establishment Cinema Office, Comm. School, Medical Office, Travel Agent, Travel Info Centre Convention _Centre, Museum, H9tel, Spa PerformanceArts Centre, Amphitheatre. Area, Stadium Reslaurant Complex, Restaurant, Nightclub Waterp;irk/Wave Poof , Botanical Gardens, Comml(nity Gardens Dry Cleaner's Dist'n Centre, Day Care · Retail Sales, Ancillary, Art Gallery, Financial Institution, Personal Service Establishment C: QJ., ..,.E C .C (I)"' E= QJ .a "' JY :, "' EW <1: ~ '5·~ ii~ ·o:-~ -QJ g E ·.; E "'8 5% 20% 25% 40%. 5% "' E (I) C 0 5% 5% ·.,; u iE 0 <1l ro .!:; U C U Ill• a,O :a; .g -: C o-_gg! u"' C/J ~ .I-E..,. E ~-o OJ 0<1; a.i aj ~ ?u 0 i= 5% E :, QJ !!l . :z i 'E QJ 0 C ,Q l 0 0 10% 10% "' Q. 'C/J ]i 0 :c 10% 5.% 10% 30% 5% 5% 30% 10% 10% 30% 45% 10% 'iii ~"' C C JY "' a. 1:!. m"' -CJ a_;,;. 0 ·-a. C "' !l; E "'E ~·o ~O-ro"' c,.C ~ a, 2"E ~J 10% -~ "' 0 "" "' 0 I'! 'E ID 0 C 'ti i5 ~ (I) C "' QJ 0 c:-0-20%. 20% 10% 60 10%