HomeMy WebLinkAboutBy-law 7642/18The Corporation of the City of Pickering
By-law No. 7642/18
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 19, Concession. 3,
Now Part 1, 40R-2548 and, Part 1, 40R-26764 in the City of
Pickering (A 06/15)
Whereas the Council. of The Corporation of the City of Pickering deems it desirable to
permit a mixed use development on lands, being Part of Lot 19, Concession 3, Now
Part 1, 40R-2548, and Part 1, 40R-26764, 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.
Area Restricted
The provisions of this By-law shall only apply to those lands being Part of Lot 19,
Concession 3, Now Part 1, 40R-2548, and Part 1, 40R-26764, in the City of
Pickering, designated "MU -32" on Schedule I attached hereto.
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.
Definitions
In this By-law,
(1) "Aisle" shall mean an internal vehicle route immediately adjacent to a
parking space or loading space which provides vehicular access to and
from the parking space or loading space, and is not a driveway.
(2) "Amenity Space" shall mean the total passive or active recreational area
provided on a lot for the personal, shared or communal use ofthe
residents of a building or buildings, and includes balconies, patios, rooftop
gardens and other similar features, but does not include indoor laundry or.
locker facilities. .
By-law No. 7642/18 Page 2
(3) "Angular Plane" shall mean an imaginary flat surface projecting over a lot,
at an inclined angle measured up from the horizontal.
(4) "Adult Entertainment Establishment" shall mean any premises or part
thereof used in the pursuance of a business, if:
(a) entertainment or services that are designed to appeal to exotic or
sexual appetites are offered or provided in the premises or part of the
premises, and without limiting the generality of the foregoing,
includes services or entertainment in which a principal feature or
characteristic is nudity or partial nudity of any person; or
(b) body rubs, including the kneading, manipulating, rubbing, massaging,
touching or stimulating by any means of a person's body are
performed, offered or solicited in the premises or part of the
premises, but does not include premises or part or them where body
rubs performed, offered or solicited are for the purpose of medical or
therapeutic treatment and are performed or offered by persons
otherwise duly qualified, licensed or registered to do so under the
laws of the Province of Ontario; or
(c) adult videos are sold, rented, or offered or displayed for sale or rental,
where the proportion of adult videos to other videos exceeds 1:10.
"Bake Shop" shall mean an establishment where baked goods are made
and sold to the public.
(5)
(6) "Balcony" shall mean an attached covered or uncovered platform
projecting from the face of an exterior wall, including above a porch, which
is only directly accessible from within a building, usually surrounded by a
balustrade or railing, and does not have direct exterior access to grade.
(7)
"Body Rub Establishment" 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.
(8) "Building" shall mean a structure occupying an area greater than 10 square
metres and consisting of any combination of walls, roof and floor.
(9) "Building Height" shall mean the vertical distance between the established
grade and in the case of a flat roof, the highest point of the roof surface or
parapet wall, or in the case of a mansard roof the deck line, or in the case
of a gabled, hip or gambrel roof, the mean height level between eaves and
ridge. A penthouse, cupola, steeple or other roof structure which is used
only as an ornament upon or to house the mechanical equipment of any
building shall be excluded in calculating the height of such building.
By-law No. 7642/18 Page 3
(10) "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.
(11) "Commercial Fitness/ Recreational Centre" 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 establishment, or place
of amusement as defined herein...
(12) . "Commercial School" shall mean a school which is operated for gain or
profit and may include the studio of a dancing teacher, oran art school, a
golf, school or any other such school operated for gain or profit, but shall
not include any other school defined herein.
(13) 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.
(14) "Day Care Centre" shall mean:
,(a) indoor and outdoor premises where morethan five children are
provided with temporary care and/or guidance for a continuous
period but does not provide overnight accommodation and are
licensed in accordance with the applicable Provincial Act; or
(b) indoor and, outdoor premises in which: care is offered of supplied on a
regular scheduleto adults for a portion of a day but does not provide
overnight accommodation.
. '
(15) "Drive -Through Facility" shall mean the use of land; buildings or
structures, or parts thereof, to provide or dispense products orservices
through an attendant or a window or an automated machine to persons
remaining in motor vehicles that are in a designated stacking land. A
drive-through facility must be used in association with permitted uses.
(16) : ` "Driveway" shall'mean a private way used to provide vehicular access
from a roadway to an off-street parking or loading space or aisle located
on the same lot as the principal use.
(17) "Dry Cleaning Distribution Centre" 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.
(18) Dwelling shall mean:
By-law No. 7642/18 Page 4
"Apartment Dwelling" shall mean a residential use building containing
four or more principal dwelling units where the units are connected
by a common corridor or vestibule, other than a townhouse dwelling
or stacked dwelling.
"Dwelling. Unit" shall mean a residential, unit that:
(i) consists of a self-contained set of rooms located in a building
or structure;
(ii) ` is used or intended for use as a residential premises;
(iii) contains kitchen and bathroom facilities that are intended for:
the use of the unit only; and
(iv) is not a mobile home or any vehicle
"Stacked Dwelling" shall mean a residential use building of four;or
fewer storeys in height containing three or more principal dwelling
units where the units are divided horizontally and vertically, and in
which each dwelling unit has an independent entrance to the interior..
"Townhouse .Dwelling" shall mean a residential use building
containing: three or more attached principal dwelling units divided
vertically and where all dwelling units are located on a street
(19) "Financial Institution" shall mean a building or part of a building in which
money is deposited, keptlentor exchanged.
(20) "Food Store" shall mean a premises that sells food and other non-food
items, primarily on a self-service basis.
(21) "Gross Floor. Area" shall mean the total area of each floor whether located
above, at or below grade, measured between the exterior faces of the
exterior walls of the building at each floor level but excluding any porch,
veranda, cellar, mechanical room or penthouse, or areas dedicated to -
parking within the building. For the purposes of this definition, the walls of
an inner court shall be deemed to be exterior walls.
(22) "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.
(23) "Ground Floor" shall mean the floor of a building at or first above grade.
(24) "Landscaped Area" shall mean an outdoor area on a lot comprising trees,
plants, decorative stonework, retaining walls, walkways, stairs or other
landscape or architectural elements, excluding aisles and areas for
loading, parking or storing of vehicles.
By-law No. 7642/18 Page 5
(25) "Laundromat";shall mean a self -serve clothes washing establishment
containing washing, drying, ironing, finishing or other incidental
equipment.
(26) "Loading Space" shall mean 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 commercialmotor vehicle while merchandise or materials
are being loaded or unloaded from such vehicles.
(27) "Main Wall" shall mean a primary exterior front, rear or side wall of a
building, not including permitted projections.
(28) "Medical Office" shall mean a premises designed and used for diagnosis,
examination, and medical, surgical or physiotherapeutic treatment of `.
human patients, and which may include pharmacies and dispensaries
which are limited to a maximum of 50 square metres .of leasable floor'
area, waiting rooms, treatment rooms and blood testing clinics, but shall
not include overnight accommodation for in-patient care.
(29) • "Motor Vehicle".shall mean an autornobile, motorcycle, recreational•.
vehicle, trailer, and any other vehicle propelled, towed or driven otherwise •
than by muscular power.
(30) "Nighttlub shall mean a building, or part thereof, whose primary function
is the provision of theatrical performances, pre-recorded music or live,
musical entertainment, whether such music is provided for listening or
dancing by the patrons, or any combination of the above functions, and
where food and/or beverages may be served, but does not include a
restaurant or adult entertainment establishment.
(31) "Office" shall mean a building or part thereof, where administrative and
clerical functionsare carried, out in the management of a business,
profession, organization or public administration, but shall not include a
medical office.
(32) "Parapet Wall" shall mean the portion of an exteriorwall extending above
the roof.
(33) "Parking Space" shall mean an unobstructed area of land that is accessible
by an aisle, having access to a street or lane that is reserved for the
purpose of the temporary parking or storage of one motor vehicle.
(34) "Patio" shall mean an outdoor area where seating accommodation can be
provided and/or where meals or refreshments are served to the public for
consumption.
(35) "Parking Area" shall mean one or more parking spaces, including related
aisles, for the parking or storage of vehicles accessory or incidental to the
main use.
By-law No. 7642718 Page 6
(36) "Personal Service Establishment" shall mean a building, structure, or part
thereof, where services area provided and administered to individual and
personal needs and where retail sale of goods accessory to the service
provided is permitted and include, but is not limited to, hair care,
aesthetics, health and beauty treatment, dressmaking, tailoring, shoe
shining and repair, and Laundromat.
(37) "Place of Amusement" shall mean a premises which are devoted to the
offering of facilities for the playing of any game for the amusement of the
public such as a billiard or pool rooms, bowling alleys, electronic games,,
indoor playground, miniature golf courses or roller skating rinks.
(38) "Podium" shall mean the base of a building, structure or part thereof
located at or above established grade that projects from the tower portion.
of the building.
(39) "Primary Window" shall, mean all windows except bathroom, hallwa
closet or kitchen windows.
(40) "Restaurant" shall mean a building or part of a building where the principal
business is the. preparation of food and drinks for retail sale to the public
for immediate consumption on or off the premises,or both on and off the
premises but shall not include a night club.
(41) "Retail Store" shall mean a premises in which goods and merchandise are
offered or kept for retail; sale or rental to the public.
(42), "Storey" shall mean that portion of a`buildiing 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.
(43) "Street" shall mean a public highway but does not include a lane. Where
0.3 metre reserve abuts a street, or where a daylight triangle abuts a
street, for the purposes of determining setbacks the street shall be
deemed to include the 0.3 metre reserve and/or the daylight triangle,
however, nothing herein shall be interpreted as granting a public right of
access over the. 0.3 metre reserve or as an assumption of the 0.3 metre
reserve as a public highway for maintenance purposes under the
Municipal Act.
(44) "Structure" shall mean 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 in ground swimming pools.
(45) "Tower" shall mean means the storeys within that portion of a building or
structure or part thereof locatedabove the podium.
By-law No. 7642/18 Page 7
(46) "Tower Floor Plate" shallmean the average floor area dell :storeys within
that portion of a building or structure or part thereof located above the
podium, measured to the exterior faces of exterior walls of each storey of
a building or structure.
(47) "Unencurnbered Transparent Materials" shall mean completely
transparent glass or similar transparent material that does not include
spandrel glazed windows.
'(48) "Veterinary Clinic" shall mean a building or part thereof, where the
services of a veterinarian, and facilities for the medicaltreatment,
examination, surgery,' diagnosis, grooming, general health care, and
observation of domestic animals and birds.
Provisions ("MU -32" Zone)
(1)
Uses Permitted ("MU -32" Zone)
(a) No person shall within the lands designated "MU -32" on Schedule 1
attached hereto, use any lot or erect, alter, or use`anybuilding or
structure for any purpose except the following:
(i) Bake Shop
(ii) Commercial Fitness/Recreational Centre
(iii) Commercial School
(iv) Convenience Store
(v) Day ;Care Centre
(vi) Drive-through Facility
(vii) Dry Cleaning Distribution Centre
(viii) Financial lnstitution
(ix) Food Store
(x) Medical Office
(xi) Office
(xii) Personal Service Establishment
(xiii) Restaurant
(xiv) Retail Store
(xv) Veterinary Clinic,
(2) Zone Requirements'("MU-32" Zone)
No person shall within the lands designated "MU -32" on Schedule I
attached hereto, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
(a) Building Location and Setbacks:
(i) Buildings and structures shall be located entirely within the
building: envelope as shown on Schedule I attached hereto;
By-law No. 7642/18 Page 8
(ii) A minimum of 40 percent of the entire length of the build -to -
zone, as shown on Schedule I attached hereto, is required to be.
occupied by a continuous portion of a building;
(iii) Section 5.20 of By-law 3037, as amended, shall not apply to
lands designated "MU=32", on Schedule I attached hereto;
(b) Building Height and Functional Floors:
(i)
Minimum building height: 9.0 metres and 2 functional storeys;
'(ii) Despite Section 5(2)(b)(i) above, the minimum height ofa
building or structure wholly or partially located within the
cross -hatched area as shown on Schedule II attached
hereto shall have a minimum building height of 11.,5 metres
and 3 functional storeys;
(iii) Minimum ground floor height: 4.5 metres;
(c) ` Floor Space Areas:
:(i)
Minimum total gross,floor area:.12,400 square metres
(ii) Despite Section 5(2)(c)(i) above, a minimum grossfloor area of
3,000 square metres shall be provided above the ground floor;
(d) : Landscaped Area
(i) Minimum landscaped area width abutting the west property
line: 3.0 metres
(e) Parking Requirements:
q�
(I). Parking' spaces shall be a minimum of 2.6 metres in width and
5.3 metres in length, exclusive of am/ land used fo r access,
manoeuvring, aisles, driveways or similar purpose;
(ii) For all uses listed in Section 5(1) of this by-law, there shall be
provided and maintained a minimum of 4.5 parking spaces per
100 square metres of gross leasable floor area;
(iii) Despite Section 5(2)(e)(i) above, there shall be provided and
maintained a minimum of 2.5 parking spaces per 100 square
metres of gross leasable floor area for all permitted uses located
above the ground floor;
(iv) Parking shall be provided at grade, in a below grade structure or
any combination thereof;
(v) At grade parking areas and driving aisles shall be permitted no
closer .than 3.0 metres from any property line;
By-law No. 7642/18 Page 9
(vi) All entrances and exits to parking areas and all parking areas
shall be surfaced with brick, asphalt or concrete, or any
combination thereof;
(vii) Parking spaces for any uses listed in Section 5(1) of this by-law
may be located on the adjacent Hydro Corridor lands
immediately to the south, where a legal easement or an
agreement exists;
(viii) Sections 5.19.1 and 5.19.2 of By-law 3037, as amended, shall
not apply to lands designated "MU -32", on Schedule l attached.
hereto;
(f) Drive-through Facility Requirements:
(i) A maximum of one (1) drive-through facility is permitted on
lands designated "MU -32", on Schedule I attached hereto;
(ii) A drive-through queuing lane shall not be located between the
building and any public street;
(iii) A drive-through queuing lane shall be, setback -a minimum of
15.0 metres from a residential use on an adjacent property;
(iv) A minimum of eight (8) vehicle queuing spaces before the
order board and four (4) vehiclesqueuing spaces betweenthe
order board and -pick -:up window shall be provided:
(g) Special Regulations:
(i) A minimum of 60 percent of all ground floor facades of a
building facing Brock Road and Palmer's Sawmill Road shallbe
comprised ,of openings and unencumbered transparent material;
(ii) A minimum of 33 percent of all facades above the ground floor
for buildings facing Brock Road and Palmer's Sawmill Road
shall be constructed of unencumbered transparent material;
(iii) Despite Section 5(2)(a)(i) of this By-law, patios associated with
a restaurant use are permitted to encroach beyond building
envelope, as identified on Schedule l of this By-law;
(iv) Patios associated with a restaurant use is not considered to be
gross floor area or gross leasable floor area;
(v) Despite Section 5(2)(a)(i) of this By-law, canopies, awnings and
associated supporting structures are permitted to project to
within 1.5 metres of a property line;
By-law No. 7642/18 Page 10
(vi) Garbage and recycling areas are required to be contained
within a fullyenclosed structure attached or integrated into a
building for which it is accessory to.
(3) Special provisions for Apartment Dwelling; ("MU -32" Zone)
(a) In addition to the list of uses permitted in Section 5(1) of this by-law;the
following additional use is permitted within the lands designated
"MU -32", on Schedule I attached hereto:
(i) Apartment Dwelling
(4) Zone Regulations for Apartment dwelling ("MU -32" Zone)
In addition to Section (2) Zone Requirement ("MU -32" Zone) of this by-law,
any buildingor structure partially or wholly used for an Apartment Dwelling
shall ,be subject to the following requirements.
(a) Building Height
(i) minimum -.11.5 metres and 3 storeys
(ii) maximum — 62.0 metres and 20 storeys
(b) Building. Height
Adjacent to a '.
Residential
Zone Category
(i) building height shall be limited by a 45 -degree`
angular plane measured 7.5 metres from a
property line abutting a residential use a height of
' 1.0.5 metres above grade
(c) •Podium
Requirements •
Buildings greater than 37.5 metres in height shall,
have a podium and a tower component to the
building, which shall meet the following requirements:,
(i) minimum height of a podium—10.5.metres
(ii) maximum height of a podium — 20.0 metres
(iii) minimum setback from a podium to a tower-
3.O metres
(d) Building
Separation
•
(i) minimum — 11.0 metres, except that the
separation may be reduced to.3.0,metres if there,..
are no primary windows or balconies on the mall
. , wall facing the adjacent flanking' building
(ii) minimum — 18.0 metres for any portion of'a
building greater than 25.5 metres in height,
except that the separation may be reduced to
11.0 metres if there are no primary windows or
balconies on the main wall facing the adjacent
flanking building
(iii) minimum - 25.0 metres for any portion of a
' building greater than 37.5 metres in height :
By-law No. 7642/18
Page 11
(e) Tower Floor
Plates
(i) maximum tower floor plate for a residential
building — 850 square metres
(f) Balcony
Requirements
(i) minimum depth' -.1.5 metres
(ii) notwithstanding Section 5.4(h)(i),balconies are .
not permitted to project beyond the main wall less
than 10.5 metres in height above grade
(g) . Amenity Space
Requirements
for Apartment
Dwellings
(i) minimum — 2.0 square metres of indoor amenity ;
space is required per apartment dwelling unit
(ii) ` minimum - 2.0 square metres of outdoor amenity. ,
space is required per apartment dwelling unit (a:.
minimum contiguous area of 40.0 square metres
must be provided in a common location)
(h) Parking Space
requirements
for Apartment
Dwellings'.
(i) ` minimum - 1.0 space per dwelling unit and an
additional 0.2 of a space per dwelling unit for
visitors
6 By-law 303.7
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 1 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.
7 Effective Date
This By=law shall come into force in accordance with the provisions of the
Planning Act
By-law passed this 25th day of June, 2018:`
David Ryan,
394.
Debbie. Shields, City Clerk
Palmer's Sawmill Road
132,6 m
•
•
- Building Envelope
Build -to -Zone
Schedule! to By -Law 7642/18
Passed This 25th
Day of June 2018
Mayor
Clerk
E
co
0
0
U
0
Palmer's Sawmill Road
28m
Minimum Building Height of 11.5 m and 3 Functional Storey's
Schedule ,I I to By -Law 7642/18
Passed This 25th
Day of June 2018
Mayor
Clerk