HomeMy WebLinkAboutBy-law 7124/11
The Corporation of the City of Pickering
By-law No. 7124/11
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 35/05)
Whereas the Council of The Corporation of the City of Pickering deems it desirable to
permit a mixed use development for apartment buildings, commercial uses, retirement
home and a long term care facility 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 "II" attached hereto with notations and references shown
thereon are hereby declared to be part of this By-law.
2. Area Restricted
The provisions of this By-law shall only apply to those lands in Part of Lot 18,
Concession 2, City of Pickering, designated "RH/MU-7", and "OS-HL" 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) "Body Rub Parlour° includes any premises or part thereof where a body
rub is performed, offered or solicited in pursuance of a trade, calling,
business or occupation, but does not include any premises or part thereof
where the body rubs performed are for the purpose of medical or
therapeutic treatment and are performed or offered by persons otherwise
duly qualified, licensed or registered so to do under the laws of the
Province of Ontario;
By-law No. 7124/11 Page 2
(3) "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;
(4) "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;
(5) "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;
(6) "Commercial Music School" shall mean a school which is operated for
gain or profit and contains the studio of a music teacher;
(7) "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;
(8) "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;
(9) "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;
(10) "Drug Store" shall mean a building or part of a building in which
pharmaceutical prescriptions are compounded and dispensed to the
public, and where medicine, medical supplies and associated
merchandise, confectionary items, cosmetics, toiletries, periodicals, or
similar items of day-to-day household necessity are stored, displayed and
offered for retail sale;
(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. 7124/11 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) "Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
(15) "Floor Area - Residential" shall mean the area of the floor surface
contained within the outside walls of a storey or part of a storey;
(16) "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;
(17) "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;
(18) "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;
(19) "Laundromat" shall mean a self-serve clothes washing establishment
containing washing, drying, ironing, finishing or other incidental equipment;
(20) "Long Term Care Facility" shall mean a building or part of a building which
is licensed or approved to provide health care under medical supervision
in which rooms or lodging are provided in conjunction with the provision of
meals, personal care, nursing services and medical care and treatment,
but does not include a hospital;
(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-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;
(23) "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. 0. 1980, Chapter 302, as amended from time-to-time, or any
successor thereto;
By-law No. 7124/11 Page 4
(24) "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;
(25) "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;
(26) "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;
(27) "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;
(28) "Retirement Home" shall mean a building or part of a building providing
accommodation primarily for retired persons where each private bedroom
or living unit does not include a stove top and oven, does have a separate
entrance from a common hall, and where common facilities and services
may be provided for the residents including personal services, the
preparation and consumption of food, nursing services, common lounges,
recreation rooms and ancillary support offices;
(29) "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;
(30) "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.
4. Provisions ("RH/MU-7" Zone)
(1) Uses Permitted ("RH/MU-7" Zone)
(a) No person shall within the lands designated "RH/MU-7" on Schedule "I"
attached hereto, use any lot or erect, alter, or use any building or
structure for any purpose except the following:
By-law No 7124/11 Page 5
(i) business office;
(ii)- convenience store;
(iii) _ commercial club;
(iv) commercial school;
(v) day nursery;
(vi) drug store;
(vii) dry cleaning depot;
(viii), financial institution;
(ix) food store;
(x) Laundromat;
(xi) long term care facility;
(xii) multiple dwelling-vertical;
.(xiii) personal service shop;
(xiv) professional office;
(xv) restaurant - type A;
(xvi) retail store;
(xvii) retirement home
(2) Zone Requirements,("RH/MU-7" Zone)
No person shall within the lands designated "RH/MU-7" on Schedule "I"
attached hereto, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
(a) Building Location and Setbacks:
(i) Buildings and structures shall be located entirely within the
building envelope shown on Schedule "II" attached hereto;
(ii). No building located within 40 metres of the Brock Road
right-of-way shall be erected within the "RH/MU-7" Zone, unless
a minimum of 75 percent of the length of the west wall of the
building is within the build-to-zone shown on Schedule "II
attached hereto;
(iii) Notwithstanding Section 4(2)(a)(i) above, below grade parking
structures shall be permitted beyond the limits of the building
envelope identified on Schedule "II" attached hereto, but no
closer than 0.5 metres from the limits of the lands;
(b) Building Height:
Within and at 80.0 metres of Brock Road Right-of-Way:
Minimum 3-Storeys and 10.0 metres
Maximum 6-Storeys and 20.0 metres
By-law No. 7124/11 Page 6
Beyond 80.0 metres of Brock Road Right-of-Way:
Minimum 3-Storeys
.Maximum 5-Storeys
(c) Floor Space Areas:
(i) The maximum gross leasable floor area for any individual
convenience store, food store, drug store, or retail store shall
be 500 square metres;
(ii) The maximum gross leasable floor area for all non-residential
uses shall be 3,200 square metres;
(iii) The maximum aggregate gross leasable floor area for all
restaurant - type A uses shall be 500 square 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, retirement home and long term care
facilities. Non-resident parking shall be provided at grade, in a
below grade structure, or both;
(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 retirement homes there shall be provided and maintained a
minimum of 0.3 parking spaces per living unit for residents, and
0.05 parking spaces per living unit for visitors for retirement
home uses;
(iv) For long term care facilities there shall be provided and
maintained a minimum of 1.0 parking spaces per 3 resident bed
for long term care facility use;
(v) All entrances and exits to parking areas and all parking areas
shall be surfaced with brick, asphalt or concrete, or any
combination thereof;
(vi) At grade parking lots shall be permitted no closer than 3.0 metres
from the limits of the "RH/MU-7" Zone identified on Schedule "I"
attached hereto, or any road;
I
By-law No. 7124/11 Page 7
(vii) 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-7", on Schedule "I" attached hereto.
(e) Number of Dwelling Units
(i) For residential uses, the lands designated "RH/MU-7", shall be
developed at a density of over 30 units per net hectare and up
to and including 80 units per net hectare to a maximum of
97 dwelling units;
(f) Special Regulations
(i) No drive-through facilities are permitted on lands designated
"RH/MU-7";
(ii) Non-residential uses shall only be permitted within a building
containing dwelling units and that is located within 80 metres of
the Brock Road right-of-way. The non-residential uses shall be
limited to the first two storeys of a building;
(iii) Despite Section 4(2)(a)(i) of this By-law, outdoor patios
associated with a restaurant - type A are permitted to encroach
beyond the building envelope as illustrated on Schedule "II" of
this By-law;
(iv) Despite Section 4(2)(a)(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)(f)(iii) outdoor patios associated with a
restaurant - type A is not considered to be gross leasable floor
area;
(vi) For the purpose of this by-law, non-residential uses shall not
include a long term care facilities.or retirement homes;
5. Provisions ("(H) RH/MU-7" Zone)
(1) Uses Permitted ("(H) RH/MU-7" 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.
(2) Removal of the "(H)" Holding Symbol
The "(H)" Holding Symbol shall not be removed from the "RH/MU-7" zone
until the completion of the following:
By-law No. 7124/11 Page 8
(a) acceptance of an updated Master Environmental Servicing Plan
(MESP) by the City of Pickering and the Toronto Region
Conservation Authority
(b) acceptance of a Stormwater Management and Hydrogeological
Report, consistent with the updated MESP, by the City of Pickering
and the Toronto Region Conservation Authority
(c) acceptance of an Environmental Impact Study by the City of
Pickering and the TRCA
(d) acceptance of a Noise Impact Study by the Region of Durham and
the City of Pickering
(e) execution and registration of a Development Agreement with the City
of Pickering containing the provisions that:
(i) 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 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,
parkland dedication, entering into a site plan agreement,
environmental and engineering requirements, securities and
insurance;
(ii) appropriate arrangements have been made to the satisfaction of
the Region of Durham for the provision of sanitary, water and
transportation services and environmental and engineering
requirements; and
(iii) appropriate arrangements have been made to the satisfaction of
the Toronto Region Conservation Authority for the provision. of
environmental, engineering and land conveyance requirements.
6. Provisions ("OS-HL" Zone)
(1) Uses Permitted ("OS-HL" Zone)
No person shall within the lands designated "OS-HL" on Schedule "I"
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.
By-law No. 7124/11 Page 9
-,(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-law3036, as amended.
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 18t":day of April, 2011.
David Ryan or
Debbie Shields, City Clerk
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SCHEDULE I TO-BY-LAW 7124/11
PASSED THIS 18th
DAY OF APRIL 2011
MAYOR ,
CLERK
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SCHEDULE B TO BY-LAW 7124/11
PASSED THIS 18th
DAY OF APRIL 2011
MAYOR
CLERK