HomeMy WebLinkAboutBy-law 7218/12 The Corporation of the City of Pickering
By-law No. 7218/12
Being a By-law to amend Restricted Area (Zoning) By-law
3037, as amended, to implement the Official Plan of the City of
Pickering, Region of Durham, Part of Lot 17, Concession 3,
City of Pickering (A15/11, SP-2008-01(R2))
Whereas the Council of The Corporation of the City of Pickering deems it desirable to
permit a mixed use development for commercial retail and office uses and residential
uses on lands, being Part of Lot 17, Concession 3, in the City of Pickering;
And whereas an amendment to By-law 3037, as amended, is therefore deemed
necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedules I and II
Schedules I and II attached hereto with notations and references shown thereon
and hereby declared to be part of this By-law.
2. Area Restricted
The provisions of this By-law shall only apply to those lands being Part of Lot 17,
Concession 3, City of Pickering, designated "MU-24" "MU-MD" and "SA-13" on
Schedule I attached hereto.
3. General Provisions
No building, structure, land or part thereof shall hereafter be used, occupied,
erected, moved or structurally altered except in conformity with the provisions of
this By-law.
4. 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) "Bay, Bow, Box Window" shall mean a window that protrudes from the
main wall, usually bowed, canted, polygonal, segmental, semicircular or
square sided with window on front face in plan; one or more storeys in
height, which may or may not include a foundation, may or may not
include a window seat; and may include a door;
By-law 7218/12 Page 2
(3) "Body Rub Parlour" includes any premises or part thereof where a body
rub is performed, offered or solicited in pursuance of a trade, calling,
business or occupation, but does not include any premises or part thereof
where the body rubs performed are for the purpose of medical or
therapeutic treatment and are performed or offered by persons otherwise
duly qualified, licensed or registered so to do under the laws of the
Province of Ontario;
(4) "Build-to-zone" shall mean an area of land in which all or part of a building
elevation of one or more buildings is to be located;
(5) "Business Office" shall mean a building or part of a building in which the
management or direction of a business, a public or private agency, a
brokerage or a labour or fraternal organization is carried on and which
may include a telegraph office, a data processing establishment, a
newspaper publishing office, the premises of a real estate or insurance
agent, or a radio or television broadcasting station and related studios or
theatres, but shall not include a retail store;
(6) "Commercial Club" shall mean an athletic or recreational club operated for
gain or profit and having public or private membership, but shall not
include an adult entertainment parlour;
(7) "Commercial Music School" shall mean a school which is operated for
gain or profit and contains the studio of a music teacher;
(8) "Commercial School" shall mean a school which is operated for gain or
profit and may include the studio of a dancing teacher, or an art school, a
golf school or any other such school operated for gain or profit, but shall
not include any other school defined herein;
(9) "Convenience Store" shall mean a retail store in which food, drugs,
periodicals or similar items of day-to-day household necessities are kept
for retail sale primarily to residents of, or persons employed in, the
immediate neighbourhood;
(10) "Corner Rounding" shall mean a lot line of a corner lot at the intersection
of two street lines in the form of an arc, that joins the front lot line to the
flankage lot line;
(11) "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;
(12) "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 necessities are stored, displayed
and offered for retail sale;
By-law 7218/12 Page 3
(13) "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;
(14) (a) "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;
(b) "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;
(c) "Dwelling, Single Attached or Single Attached Dwelling" shall mean
one of a group of not less than 3 adjacent dwelling units attached
together horizontally by an above ground common wall;
(d) "Dwelling, Back to Back Attached or Back to Back Attached Dwelling"
shall mean a group of not less than 6 and no more than 16 adjacent
dwelling units attached by common masonry walls, including a
common rear wall without a rear yard and whereby each dwelling has
an independent entrance to the dwelling from the outside accessed
through the front yard or flankage side yard.
(e) "Dwelling, Stacked Townhouses or Stacked Townhouse Dwelling"
shall mean a building or structure divided into a minimum of six
dwelling units each dwelling unit being separated from the other
vertically and/or horizontally where each dwelling unit has an
independent entrance at the ground level or through a common
entrance at the ground level or at the first storey above ground and
may have a shared exit facilities above the first storey.
(15) "Financial Institution" shall mean a building or part of a building in which
money is deposited, kept lent or exchanged;
(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 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;
(18) "Laundromat" shall mean a self-serve clothes washing establishment
containing washing, drying, ironing, finishing or other incidental
equipment;
By-law 7218/12 Page 4
(19) (a) "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 a 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;
(b) "Lot Frontage" shall mean the width of a lot between the side lot lines
measured along a line parallel to and 7.5 metres distance from the
front lot line;
(20) "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;
(21) "Personal Service Shop" shall mean an establishment in which a personal
service is performed and which may include a barber shop, a beauty
salon, a shoe repair shop, a tailor or dressmaking shop or a photographic
studio, but shall not include a body-rub parlour as defined in the Municipal
Act, R.S.O. 1980, Chapter 302, as amended from time-to-time, or any
successor thereto;
(22) "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;
(23) "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;
(24) "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;
(25) "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;
(26) "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;
(27) "Street" shall mean a street as defined in the Highway Traffic Act, as
amended from time to time, which may provide vehicular access to a lot.
By-law 7218/12 Page 5
(28) (a) "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;
(b) "Front Yard" shall mean a yard extending across the full width of a lot
between the front lot line of the lot and the nearest wall of the nearest
main building or structure on the lot;
(c) "Front Yard Depth" shall mean the shortest horizontal dimension of a
front yard of a lot between the front lot line and the nearest wall of the
nearest main building or structure on the lot;
(d) "Rear Yard" shall mean a yard extending across the full width of a lot
between the rear lot line of the lot, or where there is no rear lot line,
the junction point of the side lot lines, and the nearest wall of the
nearest main building or structure on the lot;
(e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a
rear yard of a lot between the rear lot line, or where there is no rear
lot line the junction point of the side lot lines, and the nearest wall of
the nearest main building or structure on the lot;
(f) "Side Yard" shall mean a yard of a lot extending from the front yard to
the rear yard and from the side line to the nearest wall of the nearest
main building or structure on the lot;
(g) "Side Yard Width" shall mean the shortest horizontal dimension of a
side yard of a lot between the side lot line and the nearest wall of the
nearest main building or structure on the lot;
(h) "Flankage Side Yard" shall mean a side yard immediately adjoining a
street or abutting on a reserve on the opposite side of which is a
street;
(i) "Flankage Side Yard Width" shall mean the shortest horizontal
dimension of a flankage side yard of a lot between the lot line
adjoining a street or abutting on a reserve on the opposite side of
which is a street and the nearest wall of the nearest main building or
structure on the lot;
(j) "Interior Side Yard" shall mean a side yard other than a flankage side
yard.
By-law 7218/12 Page 6
5. Provisions ("MU-24"Zone)
(1) Uses Permitted ("MU-24" Zone)
(a) No person shall within the lands designated "MU-24" on Schedule
attached hereto, use any lot or erect, alter, or use any building or
structure for any purpose except the following:
(i) Business office;
(ii) Convenience store;
(iii) Commercial club;
(iv) Commercial music school;
(v) Commercial school;
(vi) Day nursery;
(vii) Drug store;
(viii) ` Dry cleaning depot;
(ix) Financial institution;
(x) Food store;
(xi) Laundromat;
(xii) Multiple Dwelling-Vertical
(xiii) Personal service shop;
(xiv) Professional office;
(xv) Restaurant -Type A
(xvi) Retail store
(2) Zone Requirements ("MU-24" Zone)
No person shall within the lands designated "MU-24" on Schedule
attached hereto, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
(a) Building Location and Setbacks:
(i) Buildings and structures shall be located entirely within the
building envelope shown on Schedule II attached hereto;
(ii) No building, part of a building, or structure shall be erected
unless a minimum of 60% of the length;of the build-to-zone
along the Brock Road frontage,and a minimum of 60% of the
length of the build-to-zone along William Jackson Drive as
illustrated on Schedule II attached hereto, contains a building or
part of a building;
(iii) Notwithstanding Section 4(2)(a)(i) above,below grade parking
structures shall be permitted beyond the limits of the building
envelope identified on Schedule Il attached hereto, but no
closer than 0.5 metres from the limits of the lands;
•
By-law 7218/12 Page 7
(b) Building Height and Functional Floors:
Minimum 3 storeys and 14.0 metres
Maximum 6 storeys and 20.0 metres
(c) Floor Space Areas:
(i) The maximum gross leasable floor area for all non residential
uses shall be 10,000 square metres;
(ii) The aggregate of the gross leasable floor area of medical
professional offices shall not exceed 25% of the maximum
permitted gross leasable floor area;
(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 5(1) of this by-law;
(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) Notwithstanding Section 5(2)(d)(i) above, there shall be
provided and maintained a minimum of 10 parking spaces per
100 square metres of gross leasable floor area for any
restaurant floor area that exceeds a total aggregate gross
leasable area of 500 square metres in the building;
(iv) Parking shall be provided at grade, in a below grade structure,
in an above grade structure or any combination thereof;
(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 and driving aisles shall be permitted no
closer than 3.0 metres from any road or property line;
(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 3037, as amended, shall not apply to lands
designed "MU-24", on Schedule I attached hereto;
By-law 7218/12 Page 8
(e) Special Regulations:
(i) Drive-through facilities are not permitted on lands designated
"MU-24";
(ii) Residential dwelling units shall be prohibited from the first two
storeys of a building;
(iii) Despite Section 5(2)(a)(i) of this By-law, outdoor patios
associated with a restaurant—type A are permitted to encroach
beyond the building envelope identified on Schedule II of this
By-law;
(iv) Despite Section 5(2)(a)(i) of this By-law, covered walkways with
supporting structures, are permitted to encroach beyond the
building envelope as identified on Schedule II of this By-law;
(v) Despite Section 5(2)(f)(iii) outdoor patios associated with a
restaurant—type A are not considered to be gross leasable floor
area;
(vi) Despite Section 5(2)(c)(ii) gross leasable floor area excludes
parking structures;
(vii) Despite Section 5(2)(b), the minimum building height
requirement does not apply to parking structures.
6. Provisions ("MU-MD" Zone)
(1) Uses Permitted ("MU-MD" Zone)
No person shall, within the lands designated "MU-MD" on Schedule I
attached hereto, use any lot or erect, alter or use any building or structure
for any purpose except the following:
(a) Stacked Townhouse Dwelling;
(b) Single Attached Dwelling;
(2) Zone Requirements ("MU-MD")
No person shall, within the lands designated "MU-MD" on Schedule
attached hereto, use any lot or erect, alter or use any building or structure
except in accordance with the provisions set out below.
(a) Lot Frontage (minimum) 75.0 metres
(b) Lot Area (minimum) 0.5 hectares
By-law 7218/12 Page 9
(c) Lot Depth (minimum) 50.0 metres
(d) Building Location and Setbacks
(i) Setback of buildings from Brock Road (minimum) 6.0 metres
(ii) Setback of buildings from all other streets (minimum) 3.0 metres
(iii) Setback of buildings from all other lot lines (minimum) 2.0 metres
(e) Despite Section 6(2)(d)(iii) of this By-law where an interior side abuts
a public walkway the minimum side yard width shall be 1.6 metres.
(f) Building Height (maximum) 13.0
The following special provisions shall be applicable to all lands designated
("MU-MD")
(g) Parking Requirements (minimum)
Two private parking spaces per dwelling unit which can be provided
either within an attached garage or with one parking space in an
attached garage and one parking space in a driveway immediately in
front of the parking garage for that dwelling unit.
In addition, 0.25 parking spaces for each stacked townhouse dwelling
shall be set aside and clearly identified for visitor parking.
(h) Garage Parking Size— Stacked Townhouse Dwelling (minimum)
Each parking space within a private garage for stacked townhouse
dwelling unit shall have a minimum width of 2.7 metres and a
minimum depth of 6.0 metres provided, however, that the depth may
include two interior steps.
(i) Garage Parking Size— Single Attached Dwellings (minimum)
Each parking space within a private garage for a single attached
dwelling unit shall have a minimum width of 2.9 metres and a
minimum depth of 6.0 metres provided, however, that the width may
include one interior step and the depth may include two interior steps.
(j) Setback Encroachments
In addition to the provisions of Section 5.7 of By-law 3037, the
following shall also apply:
(i) A covered or uncovered porch, veranda or balcony, with or
without a foundation may have the following encroachments:
A to Brock Road 2.0 metres
B to any other street 1.5 metres
By-law 7218/12 Page 10
(ii) Uncovered steps maximum encroachment:
A to Brock Road 3.0 metres
B to any other streetline 1.5 metres
7. Provisions ("SA-13" Zone)
(1) Uses Permitted ("SA-13" Zone)
No person, shall, within the lands designated"SA-13" on Schedule
attached hereto, use any lot or erect, alter or use any building or structure
for any purpose except the following:
(a) Single attached dwelling;
(b) Back to back attached dwelling;
(2) ` Zone Requirements ("SA-13")
No person shall, within the lands designed "SA-13 on Schedule I attached
hereto, use any lot or erect, alter or use any building or structure except in
accordance with the provisions as set out in the following table.
Street Single Lane Single Back to Back
Attached Attached Attached
Dwelling Dwelling Dwelling
(a) Lot Frontage 6.0 metres 6.0 metres 6.0 metres
(Minimum)
(b) Lot Area 130 m2 110 m2 80 m2
(Minimum)
(c) Lot Depth 22.0 metres 19.0 metres 14.0 metres
(Minimum)
(d) Front Yard Depth 3.0 metres 3.0 metres 3.0 metres
(Minimum)
(e) 1.2 metres 1.2 metres 1.2 metres
except where except where except where
dwellings on dwellings on dwellings on
abutting lots abutting lots abutting lots
Interior Side share a share a share a
Yard Width common wall, common wall, common wall,
(Minimum) no interior side no interior side no interior side
yard shall be yard shall be yard shall be
required required required
adjacent to that adjacent to that adjacent to that
wall on either lot wall on either lot wall on either lot
(f) Flanking Side 2.4 metres 2.4 metres 2.4 metres
Yard
Width (Minimum)
By-law 7218/12 Page 11
Street Single Lane Single Back to Back
Attached Attached Attached
Dwelling Dwelling Dwelling
(g) Rear Yard Depth 7.0 metres 0.5 metres N/A
(Minimum)' except where
the rear lot line
abuts a hydro
easement, the
minimum rear
yard depth shall
be 6.0 metres
(h) Building Height 13.0 metres 13.0 metres 13.0 metres
(Maximum)
(i) Driveway Width 50 percent 100 percent 50 percent
(Maximum) of lot frontage of lot frontage of lot frontage
(j) Lot Coverage of 15 m2 10 m2 N/A
all Accessory
Buildings
(Maximum)
The following special provisions shall be applicable to all lands designated
("SA-13")
(k) Corner Rounding Despite any front yard depth, rear yard depth or
Setback (Minimum) flankage side yard width requirement; on a corner
lot, the setback to a corner rounding at the front of
a lot shall be 1.75 metres;
(I) Parking Two private parking spaces per dwelling unit
Requirement which can be provided either within an attached
(Minimum) garage or with one parking space in an attached
garage and one parking space in a driveway
immediately in front of the parking garage for that
dwelling unit or for single attached dwelling that
has its vehicular access from a lane the required
parking may be provided in a garage, either
attached or detached and/or ones parking space
in a garage and one parking space on a parking
pad located beside a garage;
(m) Garage One private garage per lot. Where the vehicular
Requirements entrance of such garage is from the front yard it
(Minimum) shall be located not less than 6.0 metres from the
front lot line. Where the vehicular entrance of
such garage is from the rear yard it shall be
located not less than 0.5 metres from the rear lot
line;
By-law 7218/12 Page 12
(n) Garage Parking Each parking space within a private garage shall
Size have a minimum width of 2.9 metres and a
(Minimum) minimum depth of 6.0 metres provided, however,
that the width may include one interior step and
the depth may include two interior steps;
Detached Garage Requirements:
Where the rear lot line abuts a street and vehicular access is provided
from that street the following shall apply:
(i) minimum side yard width of 0.0 metres;
(ii) minimum flanking side yard width of 2.4 metres;
(iii) minimum rear yard depth of 0.6 metres;
(iv) a detached garage is not considered a main building for the
purpose of the by-law.
Detached Garages for Lane Based Dwelling Units:
A detached garage is not considered an accessory building for the
purpose of lot coverage;
(o) Yard Encroachments
In addition to the provisions of Section 5.7 of By-law 3037, the following
shall also apply:
(i) A covered or uncovered porch, veranda or balcony and with or
without a foundation, may have the following maximum
encroachments:
A to front lot line: - 2.0 metres
B to flankage lot line: - 1.5 metres
C to interior side lot line: 0.6 metres
D to rear lot line: - 2.0 metres
E to a corner rounding: - 1.0 metres
F eaves above these features may - A further 0.6 metres
project: into the required
front, flankage or rear
yard or corner
rounding setback
(ii) Uncovered decks of any height are permitted in the rear yard
provided maximum encroachments as follows:
A to interior side lot line: 0.6 metres
B to flankage lot line: - 1.0 metres
C to rear lot line: - 2.5 metres
D steps from a deck: May encroach an
additional 1.2 metres
onto the rear yard
(iii) Bay, bow or box windows may encroach a maximum into required
yards as follows:
By-law 7218/12 Page 13
A front yard - 0.6 metres
B flankage yard - 0.6 metres
C rear yard - 1.0 metres
D eaves above these features - May project to a
further 0.6 metres
into the required
front, flankage or rear
yard
8. Model Homes
(1) Notwithstanding any provisions in By-law 3037 to the contrary, a
maximum of 6 Model Homes, together with not fewer than two parking
spaces per Model Home, may be constructed on the lands set out in
Schedule I attached to this By-law prior to the division for these lands by
registration of a plan of subdivision;
(2) For the purposes of this By-law, "Model Home" shall mean a dwelling unit
which is not used for residential purposes, but which is used exclusively
for sales, display and marketing purposes pursuant to an agreement with
the City of Pickering.
9. Provisions ("(H) MU-24" Zone)
(1) Uses Permitted ("(H) MU-24" 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 6
of amending Zoning By-law 7020/10 of Zoning By-law 3037.
(2) Removal of the "(H)" Holding Symbol
The "(H)" Holding Symbol shall not be removed from the "MU-24" zone
until the completion of the following:
(a) Execution of a Development Agreement with the City of Pickering
including provisions that all the requirements for the development of
the lands have been complied with, including but not limited to,
environmental and engineering requirements, signalization of the
Brock Road/Dersan Street intersection if required, site access, off-
site works, vehicle parking, lighting, landscaping, stormwater
management, phasing of construction, easements and all financial
matters including the requirements of the Duffin Heights Landowners
Group Cost Sharing Agreement; and
(b) Appropriate arrangements have been made to the satisfaction of the
Region of Durham for the provision of environmental and engineering
requirements.
By-law 7218/12 Page 14
10. By-law 3037
By-law 3037.is hereby amended only to the extent necessary to give effect to the
provisions of this By-law as it appears to the area set out in Schedule I attached
hereto. Definitions and subject matter not specifically dealt with in this By-law
shall be governed by relevant provisions of By-law 3037, as amended.
1-1. 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 22nd day of May, 2012.
-40
David Ryan, _ •
Debbie Shields, City Clerk
•
ST EET 'A'
f
3.Om
0 2.Om
o / 3.0m •� �-
-0--4.0m
0
`1%• 4.0m
\ - 1 .5m 2.Om
// ///----------- -- --
60.0m
WILLIAM JACKSON DRIVE
//// BUILD—TO—ZONE
BUILDING ENVELOPE 'A
SCHEDULE II TO BY-LAW 7218/12
PASSED THIS 22nd
DAY OF May 2012
4",/
•
MAYOR
CLERK
t ..
LIATRIS
n
Q
'c'
Ng- Ld
�'G7 Q ■KALMAR cZ)
A 0 z0
nn 1t<` STREET 'A'
SA-13 Q HAYDEN,
N STREET 'B' E <
MU-MD N
N
60.Om STREET 'A' LIATRIS
68.1m \ c
co
(H)MU-24 ci
CD
N
\46.lm 32.2m 45.0m1 , ,
_____________/DERSAN STREET
N
SCHEDULE I TO BY-LAW 7218/12
PASSED THIS `22nd
DAY OF May 2012
/-
MAYOR
_____L—LIAA;11.0
CLERK