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HomeMy WebLinkAboutMay 9, 2016 For information related to accessibility requirements please contact Linda Roberts Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: lroberts@pickering.ca Planning & Development Committee Agenda Monday, May 9, 2016 Council Chambers 7:00 pm Chair: Councillor Cumming Anything highlighted denotes an attachment or link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To manoeuver back to the agenda page use the Ctrl + Home keys simultaneously, or use the “bookmark” icon to the left of your screen to navigate from one report to the next. 2 Information Report No. 05-16 Page 2 3. Previous Proposal In 2015, the applicant received Site Plan Approval and applied for a building permit to construct a three-storey commercial building having a total gross floor area of 3,233 square metres (see Previously Approved Site Plan, Attachment #2). The applicant has indicated that, notwithstanding their best efforts to market the site for the past two years, they have been unsuccessful in securing any leases. As a result, the applicant is requesting a zoning by-law amendment to permit a ·residential development. 4. Applicant's Proposal The applicant is requesting to delete a provision in the site-specific zoning by-law that prohibits residential dwelling units on the first two storeys of a building in order to permit a development that is only residential. The applicant is proposing a condominium development consisting of 104 stacked back-to-back townhouse units within 5 multi-unit residential blocks accessed through an internal private road (see Submitted Concept Plan and Submitted Conceptual Building Elevations, Attachments #3 and #4). The residential blocks will be 4-storeys (approximately 14.0 metres in 'height) with 2-storey units stacked on top of 2-storey units. A fenced outdoor amenity area is proposed for the ground level units and a rooftop amenity area is proposed for the upper units. Each unit will have an its own entrance at grade. The proposed plan also illustrates a central outdoor amenity area along with an internal pedestrian pathway system and a landscape feature on the corner of Brock Road and William Jackson Drive. A single level of resident parking is provided below the buildings and visitor parking will be provided at grade. Resident parking is provided at a ratio of 1 parking space per dwelling unit for a total of 104 spaces. Visitor parking is provided at a rate of 0.25 spaces per unit for a total of 27 parking spaces. Vehicular access is provided through a 6.5 metre wide private road off of Pure Springs Boulevard. The redevelopment of the site will be subject to site plan approval. 5. Policy Framework 5.1 Regional Official Plan The subject lands are designated as "Living Areas" with a "Regional Corridor" overlay in the Durham Regional Official Plan. Lands within this designation are predominately intended for housing purposes. In addition, limited office . development and limited retailing of goods and services, in appropriate locations, as components of mixed use developments, are permitted. In the consideration of development proposals, regard shall be had to achieving a compact urban form, including intensive residential, office, retail and service, and mixed uses along arterial roads, in conjunction with present and potential transit facilities. Information Report No. 05-16 Page 3 Regional Corridors shall be planned and developed in accordance with the underlying land use designation, as higher density mixed use areas, supporting higher orc;ier transit services and pedestrian oriented design. Regional Corridors are intended to support an overall, long-term density target of at least 60 residential units per gross hectare and a floor space index (FSI) of 2.5, with a wide variety of building forms, generally mid-rise in height, with some higher buildings, as detailed in municipal official plans. Brock Road is designated as a Type A Arterial Road and a Transit Spine in the Durham Regional Official Plan. Type A Arterial Roads are designed to carry large volumes of traffic at moderate to high speeds, have some access restrictions and generally have a right-of-way width ranging from 36 to 50 metres. Transit Spines are recognized corridors where higher levels of transit service is to be encouraged. The application will be assessed against the policies and provisions of the Regional Official Plan during the further processing of the application. 5.2 Pickering Official Plan The subject lands are located within the Duffin Heights Neighbourhood and are designated "Mixed Use Areas-Mixed Corridors". Mixed Use Areas are recognized as lands that have or are intended to have the widest variety of uses and highest levels of activity in the City. The Mixed Corridors designation is intended primarily for residential, retail, community, cultural and recreational uses at a scale serving the community and provides for a range of commercial uses and residential development at a density range of over 30 units up to and including 140 units per net hectare and a maximum floor space index (FSI) up to and including 2.5 FSI. The proposed development has a residential density of 123 units per net hectare with a proposed F S I of 1. 3 3. · 5.2.1 Duffin Heights Neighbourhood Policies Policies for the Mixed Use Areas-Mixed Corridors designation in this- neighbourhood require the following: · • new development to provide a strong and identifiable urban image by establishing buildings closer to the street, providing safe and convenient pedestrian access and requiring all buildings to be multi-storey • require higher intensity multi-unit housing forms on lands adjacent to Brock Road and restrict grade related residential development to lands adjacent to collector or local roads The subject lands are located at the intersection of Brock Road and William Jackson Drive, which has been identified as a Focal Point within the Duffin Heights Neighbourhood. Development within Focal Points is to contribute to the prominence of the intersection by requiring: • initial development on each property to occur at the corner of the intersection • the inclusion of appropriate provisions in the implementing zoning by-law to address such matters as the location and extent of build-to-zones, mix of permitted uses, and required building articulation 3 4 Information Report No. 05-16 Page4 • the use of other site development features such as building design, building material, architectural features or structures, landscaping, public art and public realm enhancements such as squares or landscaped seating areas to help achieve focal point prominence, and • all buildings to be a minimum of three functional storeys with four storey massing The Duffin Heights Neighbourhood Policies also require landowners to: • submit a Functional Servicing and Stormwater Management Report that demonstrates how the proposal is consistent with the Duffin Heights Environmental Servicing Plan to the satisfaction of the Region, City and the Toronto and Region Conservation Authority • become a party to the cost sharing agreement for Duffin Heights or receive ;:1n acknowledgement from the Trustee of the Duffin Heights Landowners Group Inc. that the benefitting landowner has made satisfactory arrangements to pay its proportion of the shared development cost The application will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the applications. 5.3 Duffin Heights Neighbourhood Development Guidelines The intent of the Duffin Heights Neighbourhood Development Guidelines is to further the objectives of the Official Plan and to achieve the following design objectives for the neighbourhood: • to create an accessible pedestrian-oriented residential area, distinct in character and harmonious with the larger neighbourhood · • to create a streetscape which is attractive, safe and encourages social interaction within the neighbourhood • to establish a central focus to the neighbourhood which is safe, lively and attractive • to provide a diversity of uses to support neighbourhood and City functions The subject lands are delineated as Brock Road Streetscape on the Tertiary Plan, which encourages higher density, mid-rise and mixed use buildings with a high l~vel of architectural quality. The Tertiary Plan also identifies the intersection of Brock Road and William Jackson Drive as a focal point that will require special design considerations through the use of appropriate building heights, massing, architectural features and landscaping in order to establish a prominent image at these intersections. The key guidelines for lands within the Brock Road Streetscape include the following: • higher density, mid-rise and mixed use building shall be encourage along the Brock Road mixed use corridor • a high level of architectural quality will be required for the buildings adjacent to Brock Road and along the collector road fac;ades at the focal point intersection areas Information Report No. 05-16 Page 5 • all buildings at a focal point require a minimum of three functional floors and a minimum four storey massing • all primary frontages of buildings shall front Brock Road and provide pedestrian access directly to the sidewalk and trail along Brock Road The application will be assessed against the Duffin Heights Neighbourhood Development Guidelines during the further processing of the application. 5.4 Zoning By-law 3037 The subject lands are currently zoned "MU-24"-Mixed Use within Zoning By-law 3037, as amended, which permits multiple dwelling-vertical units (i.e., apartment building, stacked townhouses or stacked back-to-back townhomes) above the second storey of a building. The by-law also permits a broad range of commercial/retail uses, such as business and professional office, restaurants, financial institutions and personal service uses. The applicant has requested a site specific amendment to delete the provision prohibiting residential units from the first two storeys of a building in order to permit the residential only proposal. 6. Comments Received 6.1 Resident Comments An Open House meeting was held on March 22, 2016 at Pickering City Hall to allow area residents to learn more about the proposal, as well as review and comment on the plans that th~ applicant has. submitted. A total of 5 households were represented at the meeting. The following is a summary of comments and concerns identified by area residents at the Open House meeting: • concerned that the location of the proposed vehicular access on Pure Springs Boulevard will significantly increase traffic on Legian Mews and Pure Springs Boulevard lit relocate the proposed vehicular access from Pure Springs Boulevard to William Jackson Drive lit should the proposal be approved, consider installing traffic calming measures, such as speed humps, on Legian Mews 6.2 Agency Comments Region of Durham Durham District School Board lit as of the writing of this report, no comments or concerns have been received • no objections to the proposal • students generated by this development will attend existing schools 5 6 Information Report No. 05-16 Page 6 • no objections to the proposal Durham Catholic School Board • students generated from this proposed development will attend St. Wilfrid Catholic Elementary School located at 2360 Southcott Road and St. Mary Catholic Secondary School located at 1918 Whites Road 6.3 City Departments Comments Engineering & Public Works As of the writing of this report, no comments or concerns have been received. 7. Planning & Design Section Comments The following matters have been identified by staff for further review and consideration: • ensuring conformity with the City's Official Plan and Neighbourhood policies • ensuring the proposal is consistent with the City's urban design goals and objectives in the Duffin Heights Neighbourhood Development Guidelines • ensuring that sufficient opportunity is available in the Duffin Heights Neighbourhood to provide commercial uses to service the residents of this neighbourhood • ensuring appropriate site layout, building setbacks, building heights and massing, landscaped areas, location and size of outdoor amenity area, location of visitor parking spaces and service areas • evaluating the appropriateness of relocating the access from Pure Springs Boulevard to William Jackson Drive • ensuring that the architectural design of the buildings and the landscaping along Brock Road and William Jackson is of high quality to create a pedestrian friendly streetscape and to create a focal point at the corner • ensuring that adequate resident and visitor parking is provided to support this development • ensuring appropriate noise buffering is provided for each private ground level outdoor amenity space • ensuring that required technical submissions and reports meet City standards The City Development Department will conclude its position on the application after it'has received and assessed comments from the circulated department, agencies and public. 8. Information Received Full scale copies of the plans and studies listed below are available for viewing at the offices of the City of Pickering, City Development Department: • Planning Rationale Brief, prepared by Bousfields Inc., dated November 30, 2015 • Environmental Noise Assessment, prepared by YCA Engineering Ltd., dated November 24, 2015 Information Report No. 05-16 Page 7 • Phase One Environmental Assessment, prepared by Soil Engineers Ltd., dated _December 4, 2015 • Traffic Impact Study, prepared by Nextrans Engineering, dated November 16, 2015 • Storm Water Management Report, prepared by Schaeffers Consulting Engineers, dated November 26, 2015 • Geotechnical Investigation, prepared by Soil Engineers Ltd., dated January 15, 2016 • Site Concept, prepared by Guthrie Muscovitch Architects, dated September 16, 2015 9. Procedural Information 9.1 General • written comments regarding this proposal should be directed to the City Development Department • oral comments may be made at the Public Information Meeting • all comments received will be noted and used as input to a Planning Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council • any member of the public who wishes to reserve the option to appeal Council's decision must provide comments to the City before Council adopts any by-law for this proposal • any member of the public who wishes to be notified of Council's decision regarding this proposal must request such in writing to the City Clerk 10. Owner/Applicant Information • the principal of Vastor Construction Inc. is Nicolas Fidei and is represented by Joseph Pavia of Treasure Hill Homes Attachments 1. Location Map 2. Previously Approved Site Plan 3. Submitted Concept Plan 4. Submitted Conceptual Building Elevations 7 Attachment# J to , Information Reoort # Q5~ /0 ll'l'f-f1'fll ) '-'-' 1 ZENTS DRIVE lt~~WM' ~ ( ~~~ ~· ~ 0 <( ~ J~ 11111111 11111111 'CR££KSID£ PARK II LIATRIS DRIVE -~~I w~ Jl ~ ~ KALMAR z------PARKHU ~l" o:'-:5--fl /~ ,:.->,_.,_'= 0 ==== 0.-o,, .. ~~ ;z--ll ffi;! / ~,_ z==:--GlJffi'F .w~c-::)I f= o_-v _o,~=f= == I II BEffi~~ 6 I II II I IVE HINDU CULTURAL '--BLVD D (/) MISTHOLLOW D CENTRE ~~~RIIIII Ill ~ J R Ill ut~J~Rid I b~IVE tWI LLIAM 1111 ! I I I I Ill Ill Ill I I DERSAN STREET SUBJECT PROPER1Y ~ ' ~ u D C<: u 0 n:: m > \ ( Me Location Map FILE No:A 17/15 APPLICANT: Vastor Construction Inc. PROPERTY DESCRIPTION: Block 13, 40M-2482 (2585 Brock Road) City Development DATE: Mar. 9, 2016 Department Dato Sources: IPN-15 g Teranet Enterprises Inc:.. c:J;nd its IIS'Uppliers. All right... Reaervod. Not c plo:r'l of surve)l. SCALE 1 :5000 20'13 MPAC e.nd ibi aupplier-s. AI! rights Reaerved. Not o pion of Survey. 9 14 Information Report No. 07-16 Page 2 A full copy of the draft City Centre Zoning By-law is provided as Attachment #2. The draft City Centre Zoning By-law comprises eight sections, as outlined below. Section Description User's Guide Includes the intent of the by-law and how to read and use the by-law. 1. Administration Legal and transitional clauses, interpretive text, repeal · and penalty clauses. 2. General Regulations Regulations related to all zones (for example, public uses, non-conforming uses, legal non-complying buildings or structures, accessory buildings and structures, accessory dwellings, home-based business and live-work dwellings). 3. Parking & Bicycle Regulations affecting minimum vehicular and bicycle Regulations parking requirements for residential and non-residential uses, shared parking formula, requirements for above and below grade parking structures, minimum loading requirements, and provisions for parking or storage of vehicles on a lot. 4. Permitted Uses and New zone categories, use permissions, and zone Zone Regulations regulations related to building height, floor space index, setbacks, length of buildings along a street line, minimum amount of openings and glazing for non- residential uses at grade, building separation, angular plane requirements, podium and tower requirements, and amenity space requirements for residential uses. 5. Definitions Definitions for approximately 150 terms used in the By--law. 6. Exceptions* Permissions and regulations for a number of existing developments, including site specific mapping. 7. Holding Provisions All hold provisions and conditions for removing the hold. 8. Zoning Maps New zoning maps including graphical illustration of the boundaries of the City Centre lands, land use categories, minimum and maximum building heights, minimum floor space index, required at grade frontages, site specific exceptions, and holding provisions * not prepared for the Draft City Centre Zoning By-law as of the date of the printing of the report. Information Report No. 07-16 Page 3 2.1 Background In 2011, the City initiated a Downtown Intensification Study to set out a Vision for the future land uses within Downtown Picke(ing, now referred to as the City Centre. The City began this process to implement the Province of Ontario's Growth Plan (Places to Grow), which identifies the City Centre as an "Urban Growth Centre". In 2013, following an intensive public consultation process, a Vision for the City Centre was endorsed by Council in a report entitled "Downtown Pickering -A Vision for Intensification and Framework for Investment". The endorsement of the report by Council provided the planning basis for an amendment to the Pickering Official Plan and the preparation of draft urban design guidelines. On July 14, 2014, Council approved Official Plan Amendment 26 (OPA 26) and authorized staff to finalize the City Centre Urban Design Guidelines and bring them back to Council for endorsement. OPA 26 introduced new designations and policies, and changed existing policies to create a framework for the redevelopment and intensification of the City Centre. During the subsequent appeal period, the City received two appeals. OPA 26 was approved with modifications by the Ontario Municipal Board on March 4, 2015, and is now in full force and effect. To implement the policies of OPA 26, the City is now initiating a new standalone zoning by-law for all the lands within the City Centre and finalizing the City Centre Urban Design Guidelines. 3. Preliminary Draft Zoning By-Law released to landowners and key agencie~ City staff began working on the Draft City Centre Zoning By-law following the approval of OPA 26 in July 2015. In October 2015, staff released a preliminary . draft of the City Centre Zoning By-law to key agencies and landowners who were involved in the preparation of the Vision Document and OPA 26. City Development staff held several meetings with landowners in November and December of 2015 to provide clarification on the proposed zoning by-law and receive comments. 3.1 Landowner Comments The following are key comments received from landowners within the City Centre: • angular plane requirements should only be applied to sites adjacent to low-rise residential housing such as detached and semi-detached dwellings, and should exclude stacked townhouse dwellings • maximum tower floorplate size should be increased from 750 square metres to 950 square metres • the by-law should allow the ability to transfer density to adjacent lands 15 16 Information Report No. 07-16 Page4 • maximum building heights should be indicated in metres only, rather than prescribing building height in both metres and storeys • requesting greater range? and flexibility in building heights in certain areas, particularly at 1885 Glenanna Road and lands south of Highway 401 • greater flexibility should be provided for minimum building separation • minimum building length and required at grade frontages, related to the minimum amount of openings and glazing for street-oriented buildings, should be deleted • clarification is required related to the location of balconies and patios • the Natural Heritage System zone, associated with Krosno Creek, is shown as much larger in area than the conceptual mapping prepared by landowners south of Highway401 • minimum floor space index requirements should be calculated on the total land area, including public roads • stratified parking, below municipal and Regional road allowances, should be recognized in the zoning by-law • further clarification is required regarding Holding Provisions related to block development plans and the conceptual design of Krosrio Creek park • minimum parking requirements for residential, office and retail uses should be reduced • bicycle parking space requirements should be modified or removed, and dimensions of a bicycle parking space should be deleted • shared parking ratios for mixed use developments should be revised to provide shared parking at different times of the day • clarification regarding the number of landmark buildings permitted on a lot • site specific exceptions should continue to apply for certain uses, parking standards, and building locations that were previously approved by the City 3.2 Agency Comments The following comments on the preliminary draft zoning by-law were received from key agencies: 3.2.1 Region of Durham • the long-term intensification and redevelopment of the Urban Growth Centre, through the implementation of the draft City Centre Zoning By-law, is consistent with Provincial, "Regional and City Policies • the draft amendment includes the use of holding provisions to ensure that appropriate requirements are met prior to permitting new uses on the subject lands • Section 1.13 Holding Provisions should be revised to include the requirements for studies, which address stationary and vehicular noise, vibration, odour, dust, air quality and site contamination • the current infrastructure for sanitary sewer and municipal water supply is insufficient for the maximum densities permitted by the draft amendment, but improvements to the Region's infrastructure can resolve the system deficiencies Information Report No. 07-16 Page 5 • to prevent transportation issues related to parking queuing of vehicles and pedestrian/vehicle conflicts, the City should consider adding private home daycare, private school, bed and breakfast and place of worship uses to the list of prohibited home-based businesses identified in Section 2.9 b) • consideration should also be given to restricting uses that may not be compatible with frontage on a major arterial road, such as community centre, day care centre, park, place of worship, restaurant (with drive-through), retirement home, and schools (all types); compatibility issues associated with these uses include pedestrian/vehicle conflict, vehicle drop-off activity, vehicle queuing and noise impacts 3.2.2 Durham Region Transit • no concerns 3.2.3 Toronto and Region Conservation Authority (TRCA) • Pine Creek and Krosno Creek floodplains are very constrained by development and infrastructure; TRCA recommends that the City undertake a comprehensive floodplain assessment using Ministry of Natural Resources and Forestry standards for floodplain modeling to identify opportunities for floodplain remediation and, where appropriate, a revised natural heritage sys~em boundary • a comprehensive evaluation of bridge spans and alignments should be completed for the new bridge across Pine Creek, and recommends that the City complete the, appropriate Environmental Assessment to identify the location and design of the bridge so that flood risks are appropriately addressed • the zoning schedules to do not accurately reflect the location of the natural heritage system and its associated flood and erosion hazards; a complete natural hazard and natural heritage evaluation must be conducted 3.2.4 Ministry of Transportation (MTO) • Section 1.7 b) should remain in the final version of the by-law • some of the lands within the City Centre are within the Ministry of Transportation's permit control area and future development of these lands will require Ministry review and approval • the owner/applicant will require an MTO Building & Land Use Permit for any. development, entrance, change of entrance use, building or structure within 45 metres of the provincial highway property line or within 395 metres of the centre point of an intersection or interchange with a provincial highway 17 18 Information Report No. 07-16 Page 6 4. Peer Review of draft City Centre Zoning By-law MMM Group and SGL Planning & Design Inc. have been retained to peer review the draft City Centre Zoning By-law, and provide advice and recommendations on select components of the By-law. MMM Group has provided recommendations on the proposed minimum vehicle parking and bicycle space requirements and shared parking ratios. SGL Planning & Design Inc. has provided recommendations on the Holding Provisions and Zone Regulations, ·specifically with respect to minimum floor plates, angular plane, minimum and maximum floor space index, minimum and maximum heights related to both podiums and towers, building setbacks, balcony projections, and building length and required at grade frontages. · City Development staff have met with both MMM Group and SGL Planning & Design Inc., and have incorporated most of their preliminary recommendations into the draft City Centre Zoning By-law. Staff are currently reviewing and evaluating preliminary recommendations on bicycle space requirements, angular plane, podium heights, and holding provisions. A final report from both consultants will be submitted to City Development Staff outlining final recommendations, which will be reviewed and incorporated into the proposed City Centre Zoning By-law as appropriate. 5. City Centre Urban Design Guidelines In June 2014, the City Development Department hosted an open house to receive comments from the public, landowners and local stakeholders on the draft City Centre Urban Design Guidelines. The draft guidelines provide design direction for intensification, to guide buildings and private development, as well as investments in public infrastructure in the City Centre. To ensure consistency with the recommended City Centre Zoning By-law, the City Centre Urban Design Guidelines will be brought forward to Council for endorsement along with the recommended City Centre Zoning By-law. 6. Open House Meeting scheduled for May 2, 2016 City Development staff will be hosting an Open House to be held on Monday, May 2, 2016 at City Hall. The purpose of the Open House is to allow residents, businesses and landowners within the City Centre an opportunity to learn more about the draft City Centre Zoning By-law and to receive their concerns and comments. Feedback received from the Open House will be used to assist in preparing the final by-law. Information Report No. 07-16 Page 7 7. Next Steps Staff will be reviewing and evaluating the following requirements for inclusion into the proposed City Centre Zoning By-law: • provision for a minimum landscaped open space area • provision for the integration of mechanical penthouses into the top of buildings • re-evaluate podium height requirements based on the width of the adjacent street or private road right-of-way • re-evaluate provisions for the "Holding" zones based on final recommendations from SGL Planning & Design Inc. and comments from TRCA • consider additional built form standards, such as angular plane requirements from the top of the podium in order to minimize visual impact of tall buildings on the street and maximize sun penetration • recognize site specific exceptions related to minimum building heights, as permitted in OPA 26 • review various definitions and wording of sections to improve clarity • include site-specific exceptions that may be required for certain properties within the City Centre to recognize and maintain existing standards and permissions; Staff will continue to work with residents, businesses, landowners and key agencies to evaluate their concerns and comments, and prepare the final by-law. City Development Staff anticipate to bring forward a recommended City Centre Zoning By-law and City Centre Urban Design Guidelines for Council's enactment and endorsement by late Fall 2016. 8. General • written comments regarding this proposal should be directed to the City Development Department • oral comments may be made at the Public Information Meeting • all comments received will be noted and used as input to a Planning Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council • any member of the public who wishes to reserve the option to appeal Council's decision must provide comments to the City before Council adopts any by-law for this proposal • any member of the public who wishes to be notified of Council's decision regarding this proposal must request such in writing to the City Clerk 19 22 Attachment# ~ to Information Report# 01-I b April 2016 The Corporation of the City of Pickering Table of Contents Intent and How to Read and Use This By-law ...................................................................... 1 1.0 Administration ............................................................................................................. 3 1.1 Title ..................................................................................................................... 3 1.2 Application .......................................................................................................... 3 1.3 Purpose .............................................................................................................. 3 1 .4 Repeal of former By-laws .................................................................................... 3 1.5 Effective Date ................................................................................................... 3 1.6 Conformity and Compliance...................................... . ........................... 3 1.7 Administration ................................................. ,. .. : ..... ·· ........................... 4 1.8 Penalties ..................................................... ,.(::<:.:....... . ........................... 4 1.9 Severability ................................................ :.:: .... ······~~ . . ....................... 4 1.10 Establishment of Zones ............................... :.;:}~··:,X?········ .................... 4 1.10.1 Zones ............................................ \.: .. :.:?................ . ..... 4 1.11 ~~~e;~retat~~~~·B·~·~·~·d·~·~i~~·:::::::::::::::::::::::::::·:~~::::\iii/if:::::::::::::: .... · ....... :::::::::::: ~ 2.0 1.11.2 Definitions ···························.:::·,,::·,:.:··············:,:.rt:·"'··:······························· 5 1.11.3 Examples and lllustrations·,~t .. ~<::':.::: ................ :,:::.i:; ............................ 5 /'.:~'"•: ·''> >-"-'-,, ,-. :·:. ',· -.· .,". ~---~··> 1.11.4 Reduction of Lot Area QUe To Pupli9:Acquisitiori pr. Conveyance ...... 5 ~~ner~,~~~~~~~~~~=~::::::::::::::::::::::::i~·t:::::::;it~¥,l •. ,.~:·;;;:;;;;;::::::·::::::::::::::::::::::::::::: ~ 2.2 Public Uses Permitted iq~U Zorjes ... :~·/·1·:: .......... \; .... ::·: ... : ................................... 6 2.3 Linea: Utilities Permitt~};lin'AII Zone?:;!-/·········:·{.:: ............................................. 6 2 4 P tt d E h nts ·. ·;,' • ··.·.··• · · 6 . erm1 e ncroac.~.~. . ............... ;;: .• ~::•-:;.::::C::::·: .............................................. . 2.5 Legal Non-ConformJQQ.M.ses ............. \.;:.·.::~\·f'~: .................................................. 7 2.6 LegaiJ-,g_q·J~omplying j3uildJng or Structures ...................................................... 7 ~ig~l~!~l~!~iQ~~;~~~~~~:iJ.;t,~,,"." •• :" ••• "". ": " "" •• " " •• ".:".:" : "" •• :. """": •• : •.• "" .·":":":" : ~ ?.'JO · .. Accessory Buildings ~nd Structures .................................................................... 9 <~~~,, ~~;~0~~·~ .~~lli~~;;Jill ::: ::::::::::::: :::::: ::::::::::::::::: :::: ::::: :: :::::::::::::: :::::::::::: ~ ~ 2.1 $··,Temporary Sales Qffice .................................................................................... 1 o "'\,"\ .. ".·.·-"· .. ,> -?,, .... 2.14Z:.~:Lbts on Public and~Rrivate Streets .................................................................... 11 ".<: ,.~~~~,·,};',<_ ,o: ,', ~.· >"':> 2.15 Y?h:js.J;l.butting.Q~ylight Triangles ..................................................................... 11 2.16 sate[life;QisH~AI;ltenna ....................................................................................... 11 • 5:::'.:<'<::-··o;·-·.-<>s··;:>) 2.17 A1r COQQI!!PD~rs ................................................................................................ 11 2.18 · Human Ft~Bitation Not Within Main Buildings ................................................... 11 3.0 Parking Regulations .................................................................................................. 12 3.1 Parking Space Requirements ........................................................................... 12 3.2 Rounding Provisions ......................................................................................... 13 3.3 Accessible Parking Requirements .................................................................... 13 3.4 Parking for Multiple Uses on One Lot ............................................................... 13 3.5 Parking Off-Site ................................................................................................. 14 3.6 Size of Parking Spaces and Aisles ................................................................... 14 3.7 Surface Parking Spaces and Lots ..................................................................... 14 City Centre Zoning By-law-Draft April2016 23 Intent and How to Read and Use This By-law This section does not constitute a legal part of this By-law. It is the intent of this By-law to implement the goals and objectives of Official Plan Amendment 26 to create a framework for the redevelopment and intensification of the City Centre and to promote land uses and built form that are transit-oriented, environmentally friendly and supportive of mixed use development and walking. This introduction explains how to read and use this Zoning By-law and is solely for the purposes of assisting the reader. Readers unfamiliar with zoning by71aws (3.re encouraged to read this introduction. ·'c<< ' )_ .'-· · All properties within the boundaries of this Zoning By-lav{have a zon~ ~ssociated with them ;".< :;-.' -~-· ·. '·'" ·,· .. :> _:·-~:-as shown on the schedules in Section 8. Each zone is sul::>jt:;~:Jtqrequirerr~~-nt~and restrictions. · · · ' '' '<' ·:: . --:~ >\;-< '·'--{~:~?.~>-~<·,_ ~-:,<;7_' / .. ·-~·-·. . . . . . .. < • / < --~,-;·': ··<> <·"< .; :··-.-. "-.~,---:-·_:.:·· '·.>:>' Section 1 of the Zoning By-law sets out the administration matters including the establishment and interpretation of zoning boundaries. ., ) >· /• _. ·.·; ~-'.'.-' Section 2 sets out a number of general provisions,0hi~h'apply to dev~l()~ii}ent in all zones. These general provisions address such matte~s"asyard encroachments, legal non-conforming uses, patios, and live work dwellings among .9!hers. ' <:i}:'{> Section 3 contains parking regulation.s tB~t apply to'cj~velopm~btin all zones. :,<·>". Section 4 sets out the permitted ~s~~and zone reghlatip~§cf()reach zone in a table format. A wide range of uses is permitted ·fn'~acb of the zones. /l(i~ the intent of this By-law to provide a broad range of U§~~th~oughouftti~'(}.ity Centre lands.·· Section 5 setsc$.Gf;fh~··~kfig~~:texms:ithin}he Zoning By-law. / ''>-··.-:···'./,'> ·-~' -~ /•::•::: ·. .· •··, :··: . < <: ~ SectiorJE[!ihdudes exceptionstbJh~ Zoning By.:law for a number of existing developments withipJ~E:(City Centre lands. <)r{-· Sectio~··j.~~}9l:>lishes a series ot/~:brding provisions which clearly outline the necessary studies, financi131,commitments/a0q Implementation steps that need to be undertaken before developmenfccir);~Prpceed. II) ~o~e cases, these apply across the City Centre and in other cases to specific S,itl:ii>. ,::. · · Section 8 containsiR~~·~th~~ules, which form part of the Zoning By-law. The schedules include a graphical illustration of the boundaries of the City Centre Zoning By-law lands, land use categories and zoning provisions. The schedules also illustrate lands with site specific exceptions to the Zoning By-law and lands subject to specific holding provisions. The recommended process to verify the applicable zone provisions for a specific property within the City Centre lands is to: a) Verify that the property is located within lands regulated by the City Centre Zoning By-law, as shown on Schedule 1 -City Centre Lands, in Section 8. City Centre Zoning By-law-Draft April 2016 1 25 Section 1.0 Draft-April 2016 1.11 1.11.1 1.11.2 Interpretation Zone Boundaries a) If the zone boundary is shown in Section 8: i) ii) iii) iv) As following a street, lane, railway right-of-way, electric transmission line right-of-way or watercourse, then the centre line of the street, lane, railway right-of-way, electric transmission line right-of-way, municipal boundary or watercourse is the boundary; As substantially following lot lines shown on a registered plan of subdivision, then the lot lines are the bouncjary; ·< /<: As following a planned street or lane a$~QQtiined i6'tHeCity of Pickering's Official Plan, the future right-of-way, onB~ dete~rtjir)gaJ8rough a development agreement, is the bound?[)'}pr ·· · <· .;. As not being in accordance with. the ab6J,~·r.Wo~isions, then' the zorie boundary shall be scaled from the zonirrg schedules in SectiOnS.)/ b) In addition to the above, if the zone boundarv'sepaf~t~salot into porti~ns, each portion of the lot shall be used in accordance with theprovi~ions of this By-law for the applicable zone. // · · • · ··· · ;;;. ,> :' <;~' "' ,-~<~.> Definitions a) Throughout this By-law, a11y itali~ized vtofdis defiq~cj jh Section 5 to provide clarity and ensure that t.ht{E3y-lc:nrJ and its"intentare applied consistently. b) Where a use is defined/it shall not b~Jnt~rpret~dto include any other defined use unless it is state~·)nthe definitiontothetontrary. ', 7<''~"' c"J j >.: .. ",>< .- 1.11.3 Exarnpl~s:;i;t"~ciJIIus;tratioll~'·}.' Any'ii1Ustr~ti~n~:t6'r0ughout tt{isl3:y-law, as well as examples and margin notes, are .for Clarification and conyenience a11d are not part of this By-law. ·.·.·,<_.·-:, 1.11 A .·>'Reduction of lot Area Due To Public Acquisition or Conveyance .... ·<· ., :; '' ,, ' ~~< Q~spite any other provi§iR:n of this By-law, where, as a result of an acquisition of '''laQ~>qy a public auth9["ity) such acquisition results in a contravention of this By-law relatiqg.t? setback~;tf]eil the lands so acquired shall be deemed to continue to formpa~:ofthe lqtGpon which the building or buildings are located in determining compli'8n6~~witt:l'this By-law. --.:,<~; .. so:·~-·"::---.·,---<) City Centre Zoning By-law-Draft April 2016 5 29 Section 2.0 Draft-April2016 2.0 General Regulations 2.1 Prohibited Uses 2.2 2.3 With respect to any l9nds to which this By-law applies, all uses are prohibited unless specifically permitted in this By-law. Public Uses Permitted in All Zones a) Despite anything else in this By-law, the City of PickE?ring or Region of Durham or any of their local boards as defined in the Municip~(Act, ~ny communications or transportation system owned or operated by:gr f6(th~ QiJY'of Pickering or Region of Durham, and any agency of the F;~deral orprovincial Government, may, for the purposes of public service, us~~aJiy la~d qf~r~¢(9r use any building or structure in any zone. ·· · .' 2,cJ · · · · · b) This exemption for Public Uses in any zone ~h,~I(N?tapply to:<, < .....• ·< .. i) permit buildings or structures in the Natu<;~fl H~titage •. System (NHS) Zone except for linear infrastructure and the.LJses othenlvis.epermitted in the NHS zone; ' ::. ···'·.:~~.··,. ii) permit any outdoor storage, or;·~ {,V~~t~tf"~n~fy( or wa~m~rocessing facility; r-:-:-_ >~ -~-· ·,· . <f, ,~"··· ·, or •. : . t<. · '•}• , iii) permit any land or building ~~e.d by J=l.ny local ;$pbool Board, University or College. / ·~; •. f · · · /. ,· · s :·;·~:~~:~;:·-:: /(:,.:·:-.::~< ;{}.,, Linear Utilities Petmitted in :An Zon~§ <:.:::~~<\:::.~·r·~?>-<<' ;~.:;:~,::: .::, -~.~ .. --:. : < • •• :: a) Despite anything els~:in'.tbis By-law, a UtilitY company providing services in the form•Bf::t~te¢Pm111unicaHoh, gas, hydro and cable television and other similar HHiitY~comp~hy>Ynay usf/'abY;·Ipnd or erect or use any building or structure in .·· ahy zone for ffie.:purpose of 'a Hhear utility service. ! /' '···.·'. '~ ._' -. , ,_,_, -. _.' -.. <<--,> · ·l:)y• This exemption f6i-JiE~.ar utiliti~s :r~ any zone shall not apply to: _';~; ''.: i) permit buildingsWr)structures in the Natural Heritage System (NHS) Zone ••>i.>r· except for strudures directly related to the linear utility and uses otherwise · <:;•: .:;( ··.permitted in t~~:~As Zone; ii) s~rmit any qt.J:f'door storage or works/maintenance yards; or iii) ~~frl)itapyi~Rd or building to be used for administrative offices, retail piWf:?§§~~;·:or vehicular or equipment maintenance. 2.4 Permitted Encroachments No part of any required yard, setback or stepback shall be obstructed except as follows: a) Projections such as awnings, canopies, window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, eave troughs and other similar architectural features may be permitted in any required setback, provided that no such feature projects into the required setback more than 0.6 metres or half the distance of the minimum required setback, whichever is less. 30 City Centre Zoning By-law-Draft April2016 6 Section 2.0 Draft-April 2016 b) Any stairs to a porch or uncovered platform and any unenclosed ramp for wheelchair access may encroach into any required setback provided it is no closer than 0.3 metres from a lot line. c) A balcony, porch or uncovered platform may encroach into any required setback to a maximum of 2.0 metres or half the distance of the minimum required setback, whichever is less, along any street not identified as a required Active At-Grade Frontage, shown on Schedule 6. d) A bay, box or bow window, ·with or without foundation, having a maximum width of 4.0 metres may encroach into any required setbacktoa maximum of 0.6 metres or half the distance of the minimum required se.tbackfwhich~ever is less. <'· .:) ·, . . -" . ~-- 2.5 Legal Non-Conforming Uses a) A legal non-conforming use is a use of land,aQd/orPuildi~gth~tJegally existed on the date this By~law came into effect unde{~b~ f:Jianning At( Tobe,}~gal, the use must have been permitted on the lal)dS in thezoning by::l~\l)fjhCit was in effect before this By-law came into effect or ifit was ¢stablished befOre the first By-law for the City of Pickering or the By-law for the original Township was passed. . '' '/' ~/_-_. . -' . b) This By-law shall not prevent the us~~6fahYIC1nd, buildingorstructure for any purpose prohibited by this By-law isGch liind, building or str,u6ture was lawfully used for such purpose on the d_ayof passipg of:thi§By-law, and provided that such land, building or structurecontinuE?!:i)!o be u~egf9r that purpose. /,"; ·;,' :-,:: ,-' - 2.6 Legal Non-Complying Buildiflg or S~aiactures a) A legal non-complying building or struCtL}re isabui!ding or structure that was legally erected in a lo¢~tion it was in vit~en this By-law came into effect under th~/?lanl]fl7g:Apt. To h~/leg(ll, the location of the building or structure must have b§~h auth6rfied on the land$ in the zoning by-law that was in effect before this c$yLf~w came'i~to~ffect, or i(it\A,(a~ erected before the first by-law for the City of --Pickering or the by .. _I~W for the original Township was passed. -:b) A non-complying bLfjldlf1g or structure which existed legally prior to the passing- "{\ __ of this By-law may b~~nlarged, repaired, renovated or reconstructed provided that the enlargement,repair, renovation or reconstruction: '">,-~ ·_c '~ :·~ •. _<,---~ •-; ' . , D does not furth'er increase the extent of a non-compliance; and il)\~b~plies yi!)tb~il other applicable provisions of this By-law. "'<~~-D:-~>.:.:>\:,~~~f~~~~~-,<>. ~ , \.(•'' <· .. -<:·_·;/ "<<>·>'··<;:'' '< _ .. City Centre Zoning By-law-Draft April 2016 7 31 Section 2.0 Draft-April 2016 2.7 Legal Non-Complying Lots A lot which existed legally prior to the effective date of this By-law, that does not meet the minimum requirements of the applicable Zone, shall be deemed to comply with this By-law. Such lots may be used and buildings may be erected, enlarged, repaired or renovated on the lot provided that the use and the buildings or structures comply with all other provisions of this By-law. 2.8 Accessory Dwelling Unit 2.9 (a) Despite any provision in this By-law to the contrary, ib\?f1Yt9ne that permits a townhouse dwelling, an accessory dwelling upifis perrnitted within the /,' ~-.·.... ..... -. ·," ''. ~·....-: ' townhouse dwelling provided: ~:,:' )>::)":'; , ,--;;_:."-_.-._. ':';.-",! ~' '.·_ i) the maximum floor area of an accessol)/dyvelliqg:!lhit shallb~ one hundred (1 00) square metres; and · ·· <\> ·/ : · \Pt:: , ii) a home-based business is prohibited in e;ith~(d:w~lling unit ora:~vy~llihg containing an accessory dwelling unit. · .,./ \:><W. . ~'>' ' ' ' .. "'~, .-: .-. '·'<:} :~~:,:;,· ' Home-Based Business /'·>--<-''' <~---~-·:}::':_. a) A home-based business is permitf~d;~ithin.~'(:f\Ne//ing un;f<t)ib~ided the home-based business is used ~y>the resi~~pt of{hedwefling unit and the resident is either a sole proprietc)r; partn~r; sharebblqer; or officer of the company operating the h{)'J'e-b•Eised f;Jl)~fness, ofari employee WhO uses their dwelling unit as their Pftnt?ipal place qfbusines,.Bt b) The following speGificJrses are prohiBit~~ in a:hbme-based business: i) acjult ~ntertai~lh~h'f:£Jstab/ishme~i;~i;;. > .. ij) ?·'~f;{ftl~l~?wrling e~t~b/i~qrnent; .· .. )J}): ~sse;nbJ~ f6'nventioh b~htre or conference hall; ·''\ i~) commerci~Yfitnesslrecr;~ttdhal centre; <,c:~;·f"~ vJ contractor's r&Pq;. . ~~i,~,~~~~~);;~i~::ii~i!,djce; i~):;~{plgtye of:f{!f[a~ement; /.J.,' :.:_'-~:"' .; . .::. /, >:~,_:((--.-· x) pijgfjc; }Jc;dhlwhirlpool; xi) re}t~~Df~nt; xii) retail store; xiii) taxi service; xiv) vehicle dealership; xv) vehicle repair facilities; xvi) veterinary clinic; xvii) warehousing; and xviii) wholesaling. 3 2 City Centre Zoning By-law-Draft April 2016 8 Section 2.0 Draft-April 2016 c) In addition, any use which constitutes a nuisance, or any use which is offensive or obnoxious in any way, including but not limiting the generality of the foregoing, any use which creates an adverse effect through the generation of traffic, parking, noise, vibration, dust, fumes, gas, odour, waste, hazardous waste, emissions, smoke, glare, radiation, electrical interference, or any use involving the use or .storage of hazardous, toxic, or contaminant substances which constitutes a threat to public health and safety, or any combination thereof, is prohibited in a home-based business. d) The maximum combined floor area that all home-based businesses within one dwelling unit may occupy is 25 percent of the finisheg'{/oorpcea of that dwelling unit to a maximum of 50 square metres. . . . . . ., /j e) No use or activity relating to a home-based,bLJsi~ess,i~ip~rrnitted in a private garage or accessory building or structure, h9yvey~r,limited sJor~ge relating to a home-based business is permitted to the extel1ttl1~t it does notpreyentthe parking of the number of vehicles the private/garag~.or accessof}iql1ild(ng or structure was designed to accommodate. '.>. '····.• ... ·•. · ·.· ·• · f) No outdoor storage or visible display r~lt:~ting to a hofne~bf1sed business is permitted. · ·. ·· · ·. · · · · ·· g) Customer or client parking is notf~~uired t~ b~provided on.th~ lot. t" '·~ /' " . ' .. ',' " ' h) External changes or alterations)~quiredjbror r~l~tlhgto a home-based business which would ch~oge t6e'ovep311.residentiplch~uacter of the dwelling unit are not permitted .. / > :·> · · i) Despite the uses p~ohi~ited in a honfe:·i:Jasep.Buiiness as specified in Section 2.9 b), the's#lling of products ~.l$~~rnbled or developed on the premises is a permitt~.duse inaEHt::,me-based business, and the sale and distribution of CSJ.t?l()gp~.it~m~is a penl11tt~d use in a home-based business provided that no cah:ilogue ifem.s'~r~ stored onjhe premises. 2.1 0 iA:c~essory B~li~hgs :~c~l;Stru ctu res C1) Accessory building~{iJ.?.d structures are permitted on a lot where a principal . · .• ~~f?uilding housing a pri~]cipal permitted use, already exists or is under .. ,W~.g~gc~~ruction. f.k:.•: b) Exce.ptas may.pe, provided herein, accessory buildings and structures are only pennJn~B}9 ~.e, erected in the rear yard and interior side yard. c) Acce;fi~f,j"p~fldings and structures must be set back a minimum of 1.0 metre from all /(J[fines except that the setback from the interior side lot line may be reduced to 0.6 metres if there are no doors or windows on the wall facing the interior side lot line. d) No accessory building shall exceed a maximum building height of 3.5 metres except. e) The total lot coverage of all accessory buildings shall not exceed 5 percent of the lot area. f) Human habitation is not permitted in an accessory building or structure. City Centre Zoning By-law-Draft April 2016 9 33 Section 3.0 Draft-April 2016 Table 2 -Shared Parking Formula Type of Use Percentage of Peak Period (Weekday) Morning Noon Afternoon Evening Financial Institution/Office/Office, 100 90 95 10 Medical Food Store/ Personal Service 65 90 90 90 Shop! Retail Store Restaurant 20 100 30 100 Hotel 70 70 70 100 Residential -Resident 80 55 80 /:,::··. 100 / -'• ·~> .. Residential -Visitor 20 20 ":. <: 6b./. 100 ;'< /'",-i--';~J. ' (>_;, . ' ~ Type of Use Percentage of PeakPeri<>d:(saturd~y) .· Morning : .. ··· .. ' Noon .·,.· Afternoon Eveni11g Financial Institution/Office/Office, 10 10 ····· JO ; .. ~'). : Medical . :r ··. Food Store/Personal Service 80 1vt<:· ·100 70 Shop! Retail Store / ·.:•><•;: -~:.'·/·:.:" ._ Restaurant 20 . /: 100' ~<~· . 50 . <· 100 Hotel 70 ,:/·:·.· 70 .··•·· .: < . 70 100 . Residential -Resident 90 :{.} 65 :-• '> 90 100 /···,:: ·-;~ / Residential -Visitor 20·: .. ·. 20> 60 100 ·' ~·.: : <· 3.5 Parking Off-Site ... ·.·. {'· a Re uired ark in 2··g6~~for an us:1~~!R?/h exce tion of townhouse dwellin s q p g p ": ·: '·>. y ' p g loc.9.!~~-9.ti.[R.~P~rate lots; ni9Y be located on another lot within the lands covered .R.Y'Jnls·:Byii~Y'f,~Y"b~re a leg;;1C~a.sement or an agreement exists. ,,-~,\')/ . ., ... ,,,_._. ·'--.;·'· ;.::/~;.:<~:}.;;..:;· 3.6 ::cS·i~e of Parki·rl~:$paces<arid Aisles 3.7 <,·;;J(_~;·~) Parking spaces sh.~J"f~~ a minimum of 2.6 metres in width and 5.3 metres in "•<};(:;'f)ength, exclusive of.~ny land used for access, maneuvering or similar purpose. ·•z.g)~,.',i\i-?.leswithin a par/(Jq~lot shall be a minimum pavement width of 3.8 metres in '\•~Ic11h}or one-~~yVaffic and a minimum of 6.5 metres in width for two-way tratft~~~t1.~;5{~0·}::.>' . Surfaced?arking Spaces and Lots ~c/ a) The following surface parking provisions are required for on-site parking and access to drive aisles: i) All surface parking shall be located to the rear or interior side of buildings; ii) Laneways, drive-aisles and side yard parking shall not exceed 30 percent of the lot frontage, up to a maximum of 28 metres; iii) Surface parking shall not be located within 3.0 metres of a lot line abutting a street line or daylight triangle; and 38 City Centre Zoning By-law-Draft April2016 14 40 Section 3.0 Draft-April 2016 f) Rates: i) For residential uses with no attached garage: 0.5 spaces per dwelling unit; ii) For non-residential uses: the greater of 2 or 1.0 parking space for each 500 square metres of gross floor area or portion thereof. 3.10 Restrictions on the Parking and Storage of Vehicles No person shall use any lot, containing an existing detached dwelling, an existing semi-detached dwelling or a townhouse dwelling, building or structure for the parking or storage of vehicles except in accordance witJ;lthe foJlowing provisions: '-'>):;,··.::: .. ,>-~-.<' --,." a) Number of Vehicles . /: ".· • · .:'' ·?~ A maximum of four (4) vehicles, only one ofWh.ich mqy~~\ttrailer, are permitted to park on the driveway. Lt.}y < >> <·(·~; • b) Size of Vehicles <.:. <. · •·· i) For those vehicles parked on any lot, tMehi·k~hhurn permis~ibi~J}J1ght is 2.6 metres, and the maximum permissible lerigtfl)s 6.7 metres; ii) iii) -, '• Notwithstanding Section (i), onevetficl~ parked 6f(~9riveway in a side yard or rear yard can be of a~.~i.ie :tip t<?<@ maximum P$rfuissible height of 3.5 metres, and a maximurn·.pefmissip1e.J~rlgth of B.O.hletres; and Height is measured from th'~.~stabli~'Heci aracj~ irnmediately beside the vehicle up to the vehicle's;hlghest~pofnt, whi(;h'•$~tfudes lights, antennas and other such iterrfsancilfEiry to)he. vehicle's body. '· ,. " .,.;.. -.--· <,.-. '. -~-· ;._._ .... ) L f f V h. I ; __ -_~·:. ·_::, .{.··~·{~:-~;:. ~-; <o/··, c oca 10n o e 1c e;:;\: ,,, , .•. :,:.; No part of any frorit:yafd except a driVE{VI/ay is to be used for the parking or storag~()fYehicles angno),tehicle is to encroach onto any road allowance. , -~-~; :?: ~,~~---~ ::_~~ -~:~ ~~~r:~ ~-Y>'?~,~~ \:;._ · ;;·;:_< :-._:·_::-<·:::f:<->, d) ,1r1gh~rative:Y:ehi91es >.::, •·.··· .·{~fH~ parking .o/,~t~j~ge of ah' Indi:Jerative vehicle is not permitted on any lot unless it is entirely\viJhin a fully.enclosed building or structure. , . :;~) Construction Vehi6i.~~;> "~~/~:.· .The parking or stor?g~ of a construction vehicle or a commercial vehicle is not ··<,.;;;p·ermitted, unless jfi{'€mtirely within a fully enclosed building or structure. "''-<~t .:-,:~"-:.~~:--' <:(:-~·':~~:,;:> f) 'Oversize Vehicles;~~ ''<.3"><<~~:--~<':('. <~~'2ti::)"'' A vebiCie.tnat ¢xceeds the maximum permissible vehicle size provisions of 'C<·,···· '•'<'· /' ' . '/ SectioJ:1~9~::1Q.h), is permitted to park temporarily on a lot for the sole purpose of delivering)O, servicing or constructing the premises on that lot. 3.11 Loading Standards a) For every building or structure to be erected, altered, or its use converted to a commercial use, loading spaces are required in accordance with the following: i) not permitted within a front yard; ii) not to be used for the purpose of offering commodities for sale or display; iii) must provide for the temporary parking of one commercial vehicle; City Centre Zoning By-law-Draft April 2016 16 Section 4.0 Draft-April 2016 4.0 Permitted Uses and Zone Regulations 4.1 . Permitted Uses a) The following Table establishes the uses permitted in the City Centre One (CC1), City Centre Two (CC2), City Centre Residential One (CCR1), City Centre Residential Two (CCR2), City Centre Civic (CCC), Open Space (OS) and Natural Heritage System (NHS) Zones. Table 3 -Permitted Uses £. Use Z<>ne <:;;,:.e'; . ':'. CC1 CC2 CCR1 O¢R2 ceo·· OS NHS Residential Uses ;k L~</··• :<2· Accessory Dwelling Unit • • \{~ l' _.;···.··· Apartment Dwelling • . >::> ,· ·l;·:>·. 1\ Live Work Dwelling • (3) . ()i,' ,.· : !·"·.···.···. . ;_;:. I·> Stacked Dwelling • (3) • . ·.· .• ··•···.·· Townhouse Dwelling, Back-:· i/> . ' • (3) • .: > ··: I···~ to-Back, Block and Street I•(S i,:. Non-Residential Uses ' > < ':: ·.· •. ·.· . :· Art Gallery • . I ~):: / ~>· ' :_~.· I > • : .' •. Assembly, Convention I ·.• . :f{Y ·. } . ::> . ' /> Centre or Conference Hall / .,.· .. ·. Commercial Fitness/ . /···~ ' .~X~ ,8 ;·(fr··· • Recreational Centre .. ,; \ Community Centre . ..... , 1 ·:.<?' · .. .··:; '· . . Community Garden .. " ~;-:: ~:::~,.'; ,:': :,:' :,;:: :/··> ,., / .. . Day Care Centrf?, • .. --',' ;··<.<::~ 1<'(:• ···~:·:.• • ( 1) _:V"' ' , • District Energyf.acility ....... ... . ~::. . ..... . · ... . Dry Cleaning.P.istribution ····· .. , .. I // • (1) . :.(. . Centre ·-::<x_;~:;.,·)-~' 'i• Food star~·.:.:}~·. • ·:,. ,. • Financiallhst/fiJtio.n . /: :• . Home-Based'Busih~ss ~;:> .. ,. ' 0 . . Hotel '·:: .;;··<•··.· .. ' ···:..··.··"' i: . Kiosk •·:~··:·.::•:··. ' ... . Library . •7:, .···>>• . . . • Long-Term Care FacilitY •:· ~· • • Museum . . . Nightclub • Office • • • (1) Office, Medical . • Park . . . . . • Parking Structure • . Personal Service Shop • • • ( 1) Place of Amusement . 42 City Centre Zoning By-law-Draft April 2016 18 Section 5.0 Draft-April 2016 5.0 Definitions "Accessory" means a use, building or structure naturally or normally incidental to, subordinate to or exclusively devoted to a principal use or building or structure and located on the same lot. "Active At Grade Frontage" means the ground floor of a building that is designed with frequent doors and windows and contains uses that promote activity on the street. "Adult Entertainment Establishment" means any prer(JI~~s orpart thereof in which is provided, in pursuance of a trade, calling, busin~s~or 6(£up~tion, live . entertainment or services appealing to or desigq~~tb app~alfo:$r()tic or sexual appetites or inclinations, and includes a body ru~j3a.rlour, :· y · '~;~:-:>.-. ~. '(,~i·~··<~>> "Aisle" means an internal vehicle route immediately/CI~jacent to a par_k,ing of)oading space which provides vehicular access to and fromth~.:park,ing or 1oaaing$jJEice, and includes a driveway. · · · ·· · · · ' ',• "Amenity Space" means the total pas~jy~'gL(;iCtiy~}e~reatloQ:~I:~re~ ~rovided on a lot for the personal, shared or communal.use of the residents of.a· bu1ldmg or buildings, and includes balconies, peyt/ps: rooftgp. ga[geps and other similar features, but does not include indoor laundry p[Jocker.Ja¢ilities:•> · <":;:::-: .(.~<':-/ :<: ,' ' '· ,·~: "Angular Plane" means anyrt1~'ginary flaL~y'fface prqjecting over a lot, at an inclined angle measured up from the hOrizontal. : ·\. cL( "Animal Boarding Estabji~ttment" mea~s~~BlJJfdf~g, structure or part thereof, where do~fand ·cat? and ottl.er~,dqmesticated animals, excluding livestock, are bred, raiseci, grodriied,: tr~in7d or k~pifor C1 fee on a temporary basis and may include outdoorfacilities. ·<~<~~·;) · ;: · · ;;--:·'·:·;; ·, :):,<·: ,· .<Y'Af~na" means a buildi§~;,()r part thereof, in which the principal facilities provide for '·< je~reational activities su'¢p.·~s curling, skating, hockey, lacrosse, broomball or other "<similar athletic activitiesJa.hd which facilities may include dressing rooms, concession ~··· ,·:·s.. y····:··•: . o6gtn~for the provision~ofJood and refreshments, bleachers, equipment for making artificial jce and other such accessory facilities. '"\,d,~·}i•,,. /'•···~<.).'; "Art Gall~tWI<r.n~aiisa premises used for the exhibition, collection and/or preservati6rr;o(~6rks of art for public viewing and sale and may include educational classes. '\.~·/ "Assembly, Convention Centre or Conference Hall" means a building or part thereof in which permanent or temporary seating is provided for civic, educational, political, religious or social purposes and may include facilities for the consumption of food or drink, but not for any commercial purpose. City Centre Zoning By-law-Draft April 2016 46 22 48 Section 5.0 Draft-April 2016 "Community Centre" means a multi-purpose facility that offers a variety of programs or a recreational, cultural, day care, social, community service, informational or instructional in nature. "Commercial Fitness/Recreational Centre" means a commercial establishment that has been designed for conduct of sport, athletic and leisure activities such as squash courts, swimming pools, exercise classes and other similar indoor recreational facilities are provided and operated for gain or profit, but does not include an adult entertainment parlour, a casino or place of amusement as defined herein. ,(\ "Contractor's Yard" means a premises of any g~n~~al 26g:it~qt()/or builder where equipment and/or materials are stored or where ac;dhtract()tP~rfqrms shop or assembly work. ;;,·\ <<) · · · · , ;·' > ''"~· "Coverage" means the proportion of the ground tt96E~fea of all th~:£/pi!dfnqfand structures on the lot to the lot area expressed as {iperqentage. · . ., e ::'::···. "Dating/Escort Service" means a servicepcqyiqing compapic)m;hip for and by individuals for profit or personal gain. ; >;<;}·}>.•) _ · ,·>·~~>- "Day Care Centre" means: . •. :• . . •. i) indoor and outdoor premid~~'where'ri)b're t~:t=l~:>t1\/e children are provided with temporary care and/or'.gulda66(:{for a continuous period but does not provide overnight a'~co.mmodatiqn.cfmd are'liiensed in accordance with the applicable ProyitJ,dia/Act; or ·:···.j·:: .•. c:. ;,::~f-·.· ,· ii) indoor and oufCig'Qr.premises in whi'ch'C:are is offered or supplied on a r_~g[JJar~c;hedule;·td'adylts for a portion of a day but does not provide ·-·ti ·9y~~fdi~B.f:~~fEmmod~.~gg; ''[)~ylighting Tria~~~~~~ifueans ah'¥re? free of buildings, structures, fences and redges up to 0.9 metre§oir)height ail'dwhich area is to be determined by measuring, ·:Jrpm the point of intersecifi(jb of street lines on a corner lot, the distance required by · .this By-law along each si]ch: street line and joining such points with a straight line. Th~<Jriqngular-shaped laqtfbetween the intersecting street lines and the straight line joini69-th~ points the r¢qdited distance along the street lines is the daylighting triangle. ·: :;,-.":'~---~~<::/:;~:-<:;;:;:~~-:-<:~:/ "Devel6·~ffi~QtAgf~~ment" means an executed contract between a developer/p[pp~rtyt:lwner and the City of Pickering that is required in order to implement diN~Iopment and may include a subdivision agreement, site plan agreement, or other similar agreements for development. "District Energy Facility" means a centrally located facility or linked facilities that generates and distributes thermal energy (steam and/or hot and cold water) to end users through an underground pipeline distribution system and generates electricity, including electricity for supply to the grid. City Centre Zoning By-law -Draft April 2016 24 52 Section 5.0 Draft-April 2016 ~:,-' "Library" means a building or portion of a building containing an organized collection of information resources that are publicly accessible and provided by the City of Pickering. "Loading Space" means an unobstructed area of land which is provided and maintained upon the same lot or lots upon which the principal use is located and which area is provided for the temporary parking of one commercial motor vehicle while merchandise or materials are being loaded or unloaded from such vehicles. "Long-Term Care Facility" means a premises licensed pljrsuant to Provincial legislation consisting of assisted living units where apro<;t'~rpn~~.of person care, support and health services are provided for the e.l~~rly, disaqlea or chronically ill occupants in a supervised setting, and may inclu'dfone or .. rhore:amenity areas such as a common dining, lounge, kitchen, and recrea~i~~~l ar~a.· ·. ; :' !/:< ':Lot" means a parcel of land fronting on a street, wt1·~th~?or not occupied by abuilding or structure. );,!:> <':, .·. ', ·· "Lot Area" means the total horizontal areaofa lot, less ;~~H~rizontal area of any part of the lot which does not lie within a zb11e irfwhich the prop()sed use is permitted. :::< ····''<·~--. " '·'/ ' ',-· .,·-.. '< --... _: '_ "Lot Coverage" means the total hori~o.nl~l are9C>fth~part of thelot area covered by all buildings above ground level. ?·. "/). · · .. · .· .......... , "Lot, Corner" means a lot situ~ted a'fthe ipi~rsection {){h;J6' or more streets or upon two parts of the same street haVing an angle df interse(";tion not exceeding 135 degrees . . -:·, ~-:_· __ ···:·:· . -·,·,•.'-<<" -~~ >': "Lot Depth" means the:hq/iiontal distanc~·B~t«<§eh' the front and rear lot lines. If the front and c~wJot{ines are hgfparallel, the !oTdepth shall be measured by a straight line jo!riQ9<th~}ni(i:pQint of thetr().nt lot line with the mid-point of the rear lot line. Whetethere.is h0r,fif1r)qt line, the/ptdepth shall be measured by a straight line joitli.69the mid-pointqftt1efront /otJin~with the apex of the triangle formed by the ./s.fcfe lot lines. '. ·. · · ,,~<~:·' ·(_;~\:.~;._··~ '<:''.LotFrontage" means tb.e,horizontal distance between the side lot lines of a lot ~meci.?ured at along a line)p~rallel to and 6.0 metres distant from the front lot line. "-:~,.,-<::: '>~ ~: ... --~·;,<~~~~--- "L~t'tiine~' means a 11h~ delineating any boundary of a lot. ·~:~ ' ./. \ ;/ "Lot Line; E){t~riOrSide" means the side lot line, which separated a lot from the street adja6~p~:i~:l( -~(~;~ ;>' "Lot Line, Front" means the lot line, which separates a lot from the street in front of it. Where more than one lot line separates a lot from the street, the front lot line shall be the shorter lot line. Where a lot is a through lot, the lot line abutting the wider street right-of-way shall be the front lot line. "Lot Line, Interior Side" means a side lot line, which is not adjacent to a street. City Centre Zoning By-law-Draft April 2016 28 Section 5.0 Draft.:... April 2016 "Lot Line, Rear" means the lot line opposite to, and most distant from, the front lot line, but where the side lot lines intersect, as in the case of a triangular lot, the rear lot line shall be represented by the point of intersection. "Lot Line, Side" means all lot lines, which join both a front lot line and a rear lot line. "Lot, Residential" means a lot situated in a residential zone and having a lot frontage and lot area in accordance with the requirements of the zone in which the same is situated. "Lot, Through" means a lot bounded on opposite sides pya stre~t. -::'··. . .-: />'>:,--.. ,.'· ': '< "Main Wall" means a primary exterior front, rearor/~ide w~ll;6fa,building, not including permitted projections. :; / ...... ·. · · .... \. ~ v< '-, "Mixed Use Building" means a form of develop~inf'i:~,which a ~&ilclingJ~ontains both residential and non-residential uses. } "Mobile Home" means a prefabricated buiiding that is designed to be made mobile and is intended to provide permanent resid.eoc8,but does not include any trailer otherwise defined in this By-law. . > · · · · · · "Motor Vehicle". means an automo.bile, motq~sycle.,re:cre.ationalvehicle, trailer, and any other vehicle propelled, to\,\led ordriven qtherwise tnanby muscular power. "Museum" means premise,s:.'Gs~d for the ~~hibitiol); pbllection and/or preservation of objects of cultural, histo;i§~l qr scientific int~t~§t;f~(t:n1blic viewing. ".;.<.~··,, "/\.") ,· '<>-· :-~-'. "Nightclt,~9?'lJ~?ns a pl~ci{where food or d~i~k may be served, and where the primary:f~nct18r i~)h~ provisloh()f.theatrical performances, pre-recorded music, or live)ilu.sical enteHaih!l)~ot, whethe(such music is provided for listening or dancing by th.e p'atrons, or any com,pination ofthe •. above functions, but does not include a /restaurant or an adult ehteftainment establishment. ::~'bf:fice" means a buildi~~"~r part thereof, where administrative and clerical functions an:fc~rried out in the mciri~gement of a business, profession, organization or public adrriir"iTstration but shall not include a medical office. •r' :, ·>·, •' "<:,-·/::.: ·:· •, . ::< .~·: ,·,·-~-,-_,· "Office,IYJ.ediC?al'':rf,~~ns premises designed and used for the diagnosis, examinati6n,:atl.cirnedical, surgical or physiotherapeutic treatment of human patients, and which m~y include pharmacies and dispensaries, waiting rooms, treatment rooms and blood testing clinics, but shall not include overnight accommodation for in- patient care. "Outdoor Storage" means the occasional or continuous keeping of goods, inventory, materials or machinery or equipment outside, but does not include damaged, impounded or inoperable vehicles. "Park" means a premises used for conservation, horticulture, or municipally operated public recreation. City Centre Zoning By-law-Draft April 2016 29 53 56 Section 5.0 Draft-April 2016 "Setback" means the distance between a building and a lot line. In calculating the setback the horizontal distance from the respective lot line shall be used. "Shelter" means a building or structure used solely for the purposes of providing temporary shelter and shall not be used for human habitation. "Shopping Centre" means one or more buildings forming a complex of shops representing merchandisers, with interior interconnecting walkways enabling visitors to walk from unit to unit, along with an associated parking area. "Step back" means the setting back of the upper storeys of~ base building or of a /'. C· ··:· ,. ·': ...... . tower from the face of a base building fronting a pLJbl(c or jJiiv?te:street. //''A',·::.·,~-'~·,-' <;:·~;._;.' ~_,· "Stacking Lane" means an aisle, other than a pk}~,ing E1fsl~·bf~ parking space which provides standing room for vehicles in a qG~p~,;~Dd withou(limiting th~ generality of the foregoing this may include a queu~}o(adrive-thrdughf?piliff associated with a restaurant, bank or carwash. << / ••.' · : <<. "Storey" means that portion of a building otoerthan a ba~~lnent, cellar, or attic, included between the surface of any floor, ahc;t.th~'surface of theflocx, roof deck or ridge next above it. ·· " <> >i, "Storey, First" means the storeywithits floor·Ciosesttq'grade and having its ceiling more than 1.8 metres above grade. · · :· . ·· .. ·· ·~ ./ ' .. ,,-~ "Street" means a public higRWCiy but doe~ ~ot inclljde:fa lane. Where a 0.3 metre reserve abuts a street, pr'yyb~re a daylightinf]triapgle abuts a street, for the purposes of determining setbackstb~fstr.eet shall be.deerned to include the 0.3 metre reserve and/or th~Jf~Yfigqtiog triangl~}Qgwever, nothing herein shall be interpreted as granting a.~pUbllc~fi'9bt'9faccess"g~~r the 0.3 metre reserve or as an assumption of the.O:$ metre reserve?~$:? publlt'Highyvay for maintenance purposes under the Mi/rdclpal Act. <0.1lT. ··>~ :'> · ~ -:,"· :~ ·~' ', -:o' <?·.{~'Street Line" means th~'di\/iding line between a lot and a street or private street. ,' ',.·; <<::-~>, . -' ' -,,., .''Str~et Private" mean~:V,;j> ·.::· .... l ... Cif ·.<a right-of-w~0'6( roadway that is used by vehicles and is maintained by a ·.· :: ccm.9om)~i0rn corporation; b) . ~8:b~~t~0r~ad condominium, which provides access to individual freehold lois;.(>. c) a roadway maintained by a corporation to provide vehicular and pedestrian access to parking lots and individual retail/commercial units; d) a private right-of-way over private property, that affords access to lots abutting a private road; but is not maintained by a public body and is not a lane. City Centre Zoning By-law-Draft April 2016 32 Section 5.0 Draft-April2016 "Structure" means anything that is erected, built or constructed of parts joined together with a fixed location on the ground, or attached to something having a fixed location in or on the ground and shall include buildings, walls or any sign, but does not include fences below six feet in height or inground swimming pools. "Tandem Parking Space" means two or more parking spaces abutting each other end to end with only one having access to an aisle. "Taxi Service" means the operation of a service providing taxicab motor vehicles with drivers used for hire for the conveyance of goods and passengers. "Temporary Sales Office" means a building, structure, facility or trailer on the lot used for the purpose of the sale of dwelling units t() be er~~tep. on the lot. "Theatre" means a premises used for the rehears~! or/~erforma~ce pfJhe performing arts, such as musfc, dance or theatre. <'> · · , /"-"; "Tower" means the storeys within that portion of ~/building or structure'd{p~rt thereof located above the podium. "Tower Floor Plate" means the floor area of all st()reys within>thafportion of a building or structure or part thereof located aboxethe poc/ium, measured to the exterior faces of exterior walls of eachstorey.gfa buik)irfg or.structure . • ,' ·;~ ·~;-i •• ,·' -,·,. •• "Uncovered Platform" means an att~ched br:freestanding structure not covered by a roof. · · ·,:. /i· . ~<<;~:. ·<:· _> '·. ·.~.··-.. :·>:· ,_;·::~-.-::>::·.> "Vehicle Dealership" me~b§.sm establishmentengaged in the sale, lease and display qfrpgtorveflicles. ··· · · · <,: ~-·..• . . "Vehicl~/~;~~i/¥~~~illties" means. an establishment engaged in repairing of motor vehicles, service statio~{ repair ga:rage, car washing establishment or gas bar. '~'\leterinary Clinic" m:~nsa building or part of a building providing the services of a v~terinarian, and facilities'Jqr the medical treatment, examination, surgery, diagnosis, grpOming, general health{;are, and observation of domestic animals and birds. "WarellolJ'sing" or"~pgistics" means the indoor housing or storage of goods, wares, mt?rcnanqise;Jood-stuffs, substances, articles, or things before wholesale distribution to a:r~tailer. (.-',"·',,_' "Waste Tran~f~r Station" means a facility within an enclosed building whose primary purpose is the collection and storage of waste or hazardous waste for shipment, and which may include limited sorting or preparation of that waste to facilitate its shipment for final disposal or to a waste processing station, but does not include salvage yards or scrap metal yards. "Wholesaling" means the distribution of goods, wares, merchandise, food-stuffs, substances, articles, or things, in large quantities, to a business or retailer for eventual or further distribution, processing, assembly, or retail sale. City Centre Zoning By-law-Draft April 2016 33 57 66 PICKERING CITY CENTRE ZONING BY-LAW SCHEDULE 3 LEGEND -Minimum Building Height ~ 1 0.5 metres (3 Functional Floors) c=J 19.5 metres []]]]] 55.0 metres 72 Report PLN 06-16 May 9, 2016 Subject: Steele Valley Developments Limited (A 13/15) Page 2 Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. 1. Background 1.1 Property Description The subject property is a commercial site located at the northeast corner of Kingston Road and Liverpool Road (see Location Map, Attachment #1 ). Steele Valley occupies the westerly portion of the commercial plaza, known as The Hub Plaza. Although the plaza appears continuous, Steele Valley does not own the easterly portion of the plaza (1340 and 1360 Kingston Road). The property is approximately 1.8 hectares in size and contains two buildings. Surrounding land uses include: medium density residential consisting of townhouse condominium developments to the north and to the east across Glenanna Road; the Pickering Town Centre to the south across Kingston Road; and commercial buildings to the west across Liverpool Road. 1.2 Applicant's Proposal The applicant originally requested to add a food store use and a commercial fitness centre to the list of permitted uses on the subject property. Following the Public Information Meeting, the applicant amended their proposal to remove the request to add a commercial fitness centre and only add a food store use (see Submitted Site Plan, Attachment #2). The request to add a food store use is to increase the marketab-ility of the site and to re-use a vacant building, previously occupied by Home Outfitters. At this time, no exterior changes to the buildings, additions or site changes are being proposed. Should this change, a Site Plan Application will be required. 2. Comments Received 2.1 Public comments from the October 5, 2015 Public Information Meeting and written submissions At the Public Information Meeting, four residents from the adjacent condominium development to the north attended the meeting expressing a number of concerns with respect to the additional uses. Specifically, the concerns identified are as follows: • other food store uses already exist in the immediate area • permitting a food store' use would increase food waste and littering, thereby attracting rodents and other vermin • the requested commercial fitness centre and food store use would add additional demand on the shared private water watermain • increase noise generated from delivery trucks - • the additional uses will increase public trespassing on residential properties Report PLN 06-16 May 9, 2016 Subject: Steele Valley Developments Limited (A 13/15) Page 3 2.2 City Departments & Agency Comments Region of Durham . Engineering & Public Works Department 3. Planning Analysis • the Regional Official Plan designates the subject property as a "Regional Centre" and recognizes downtown Pickering (the City Centre) as an Urban Growth Centre • the proposal to re-use an existing retail unit within a retail plaza and expand the list of permitted commercial uses conforms to the policies and provisions of the Durham Regional Official Plan • the Region has reviewed the Traffic and Parking Brief, prepared by GHD Limited, dated August 2015, and are satisfied that permitting a food store use does not present any significant regional transportation impacts • no objections to the proposed zoning by-law amendment application 3.1 The proposal to add a food store use conforms to the policies of the Pickering Official Plan Some residents questioned the need for another food store use given that there are other food stores in the immediate area. The subject property is designated as "Mixed Use Areas-City Centre", within the City's Official Plan, which provides for a broad range of uses including, but not limited to, commercial and retail uses, offices, restaurants and high density residential uses. The requested additional use conforms to the policies of the Official Plan. A food store use will complement the existing permitted us~s on the subject lands and provide an additional commercial use to the service the community. 3.2 Existing waste containers to be relocated away from the residential condominium development to the north Residents from the abutting condominium development to the north expressed concerns with the location of the existing garbage bins, and that permitting a food store use on the subject lands would increase food waste and littering. Presently, there are two waste containers along the north property line adjacent to the residential condominium development to the north. The applicant has indicated that the existing commercial waste is collected twice a week, and each commercial tenant is responsible for establishing and executing waste collection contracts with haulers, and ground litter is collected daily. 73 74 Report PLN 06.:16 May 9, 2016 Subject: Steele Valley Developments Limited (A 13/15) Page 4 To address concerns raised by the residents, the applicant is proposing following changes: • remove the existing waste containers along the north property line • install a waste compactor on the west side of Building A (proposed food store building) • all recyclable materials will be stored indoors • Building A (food store building) will be retrofitted to allow for an internal chute to an enclosed air-tight food waste/organics container The proposed changes will significantly improve the existing garbage issues and minimize any impacts on the abutting residents to the north. Furthermore, the applicant has advised that the existing garbage bins along the north property line have been removed. 3.3 A noise attenuation barrier is proposed to mitigate noise from delivery trucks To support the proposed food store use, the applicant submitted a Stationary Noise Impact Study to address concerns with respect to noise generated by refrigerated delivery vehicles and new rooftop HVAC mechanical units. The submitted study identified refrigeration units of delivery trucks parked at the loading area as a source of noise. The study recommended the installation of a 6.0 metre high barrier wall extending not less than 22 metres from the existing loading bay wall in order to reduce the noise impact from parked refrigerated delivery trucks. To ensure the noise attenuation wall is constructed prior to a food store use occupying the vacant commercial building (Building B), staff are recommending that an "(H)" Holding Symbol will be placed on the subject lands. The "(H)" Holding Symbol will be removed by City Council once the applicant has obtained site plan approval to construct a noise barrier along the existing loading area. 3.4 The existing shared private watermain has sufficient capacity and pressure to accommodate the water demands for the proposed food store use Residents from the condominium development to the north also expressed concern that the proposed uses would add additional demand on the shared private water watermain. The subject lands are serviced by a shared private watermain. The existing private water service currently provides potable and fire protection water services to two commercial properties (1300 and 1340 Kingston Road), and a residential condominium development (1331 Glenanna Road). The shared watermain easement agreement for service/maintenance/repairs is a private agreement between lands owners, and not the Region or the City. Report PLN 06-16 May 9, 2016 Subject: Steele Valley Developments Limited (A 13/15) Page 5 To address this concern, the applicant has submitted a Water Supply Opinion Letter, prepared by professional· engineer. The consultant reviewed the current domestic water demand, compared the proposed new consumption of a food store use, and provided a professional opinion as to the watermains capability to accommodate the proposed change of use. The consultant concluded that the increase in domestic demand to the water service from a grocery store will not significantly impact the level of service currently provided by the existing watermain. The consultant also noted that the owners of the private water service are actively finalizing the terms of a cost sharing agreement, which will include the maintenance and replacement, if necessary, of the private water service. Engineering & Public Works staff have reviewed this letter and concur with the recommendations. 3.5 Sufficient parking supply'is available on-site to support the additional uses Parking for the subject property is provided at a rate of 5 parking spaces per 100 square metres of gross leasable floor area (GLA). Based on.this parking ratio, a total of 238 spaces are required to be provided on the property, whereas the approved site plan, dated March 29, 2001, provides for a total of 246 spaces. The applicant submitted a Traffic and Parking Brief, prepared by GHD Limited, dated August 2015, in support of the rezoning application. A parking assessment was completed for the entire Hub Plaza, given that the parking area is shared by the landowners. Based on a survey of the existing on-site parking supply, a total of 550 spaces are currently available to serve the parking requirements for the entire plaza. The consultant also indicated that the inclusion of a food store as a permitted use to replace the building occupied by Home Outfitters can be accommodated by the existing road network without any impact. City staff have reviewed this study and are satisfied that the addition of a food store use and a commercial fitness centre will not impact the functionality of the Hub Plaza. 3.6 Staff support the proposal and recommend that a zoning by-law be finalized and forwarded to Council for enactment The applicant's request to permit a food store, complies with policies of the Pickering Official Plan, and will complement the existing uses permitted on the subject lands. Staff supports the application and recommends that the site specific amending by-law as set out in Appendix I, be approved and forwarded to Council for enactment. 75 Draft Zoning By-law Appendix I to Report PLN 06-16 77 78 By-la 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 Blocks A and B, Plan M-998, and PartofLot22, Concession 1, Parts 1 to 5, 12, 18to 23, 40R-8184 (A 13/15) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Blocks A and B, Plan M-998, and Part of Lot 22, Concession 1, Parts 1 to 5, 12, 18 to 23, 40R-8184, in the City of Pickering to add a food store use to the list of permitted uses on the subject lands; And whereas an amendment to By-law 3036, as amended by By-law 1612/83, By~law 3476/90, By-law 5219/98, and By-law 5746/00, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1 . Area Restricted The provisions of this By-law shall apply to those lands in Part of Blocks A and B, Plan M-998, and Part of Lot 22, Concession 1, Parts 1 to 5, 12, 18 to 23, AOR-8184, in the City of Pickering. 2. Schedules I and II Schedules I and II to By-law 1612/83, as amended by By-law 3476/90, By-law 5219/98 and By-law 57 46/00, is hereby further amended by replacing the zone designation with "(H) C9", as shown Schedules I and II attached hereto. 3. Text Amendment 1. Section 4. Definitions, of By-law 3036, as amended by By-law 1612/83, By-law 3476/90, By-law 5219/98, is hereby amended by renumbering and re-alphabetizing this subsection in order to incorporate the new definition as follows: (7) "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. 2. Section 5. (1) Uses Permitted ("C9") of By-law 3036, as amended by By-law 1612/83, By-law 3476/90, By-law 5219/98, is hereby amended by re-alphabetizing this subsection in order to incorporate an additional permitted use: (f) ·food store II II I I