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CD 28 July 2002
98.3 Permitted Uses The following uses are permitted within the “Areas” and “Parcels” shown and identified on “Schedule CD 28” which is attached to and forms part of this bylaw: 98.3.1 Area 1: Medium/High Density Multi-Family/Commercial:Low Rise(1) Multiple-Family Residential Use in: Townhouses (side by side or stacked); Apartments (2) Retail Service (Group A) at ground level 98.3.2 Area 2: High Density Multi-Family: Low/Mid Rise (1) Multiple-Family Residential Use in: Townhouses (side by side or stacked); Apartments 98.3.3 Area 3: High Density Multi-Family: High Rise (1) Multiple-Family Residential Use in: Townhouses (side by side or stacked); Apartments 98.3.4 Area 4: Medium/High Density Multi-Family: Low Rise (1) Multiple-Family Residential Use in: Townhouses (side by side or stacked); Apartments 98.3.5 Area 5: High Density Multi-Family/Commercial: Mid Rise(1) Multiple-Family Residential Use in: Townhouses (side by side or stacked); Apartments (2) Retail Service (Group A) at ground and second levels 98.3.6 Area 6: Congregate Care/Mixed Use/Economic Activity (1) Retail Service Use (Group A) (2) Civic Use (3) Assembly Use (4) Hotel Use (5) Entertainment Use (6) Health Care Use (7) “Congregate Care Use” within Parcels 8 and 13 where the minimum lot size exceeds 0.65 ha.
(8) Multiple-Family Residential Use not exceeding 80% of the total net floor area of all buildings on each lot subdivided within Parcels 6, 7 or 8. (9) “Low Impact Light Industrial Use” on Parcels 6, 7 and 8 provided that:(a) All uses and accessory uses thereto shall be carried on wholly within a completely enclosed building except for parking and loading facilities which may only be located within or to the rear of a building; (b) There is no bulk storage or processing of lime, fertilizer, toxic or corrosive chemicals and acids, flammable liquids or solids, explosives, compressed gas, scrap materials, junk, wood, metal or other waste, fungicides, herbicides, pesticides, paint, varnish, oil, shellac, turpentine, fish, fish oil or meal, animal oil or fat, vegetable oil, or petroleum, bitumen or tar products or their derivatives; (c) There is no bulk materials handling, wrecking or salvaging of goods and materials, processing of raw animal products nor the production, refining, processing or storage of dangerous goods as regulated and defined under any Provincial or Federal Act; (d) Nothing shall be done which is or shall become an annoyance or nuisance to the surrounding areas by reason of unsightliness nor by the emission of odours, liquid effluents, dust, fumes, smoke, vibrations, noise, or glare; nor shall anything be done which creates or causes a health, fire, or explosion hazard, electrical interference or undue traffic congestion; (e) A “Low Impact Light Industrial Use”, except for information technology services and “Table-Top Manufacturing”, is not permitted on a lot on which a residential use or “Congregate Care Use” is located; and (f) Where an interior or rear lot line of a lot containing a “Low Impact Light Industrial Use” abuts a residential use, “Congregate Care Use” or land on which an institutional building is located, a 2.5 metre (8.2 ft.) high landscape screen or solid fencing is required. 98.3.7 Area 7: Public Open Space (1) Parks, habitat enhancement areas, public courtyards and greenways. 98.4 The maximum permitted lot coverage is 0.60 except for Parcels 6 and 7 as shown on “Schedule CD 28” where the maximum permitted lot coverage is 0.75.
98.5 Floor Area Ratios The maximum floor area ratios (FAR) for the “Areas” as shown on “Schedule CD 28” are as follows: Maximum FAR Area 1: Medium/High Density Multi-Family/ 1.8
Commercial: Low Rise
Area 2: High Density Multi-Family: Low/Mid Rise 2.2 Area 3: Medium/High Density Multi-Family: High Rise 2.5
Area 4: Medium/High Density Multi-Family: Low Rise 1.8 Area 5: High Density Multi-Family/Commercial: Mid Rise 2.2 Area 6: Congregate Care/ Mixed Use/Economic Activity 2.5 Area 7: Open Space 0.1 98.6 Residential Density(1) Within this section, Table 1 sets out “Base Densities” which represent the highest “Density” for each lot within each “Area” shown on “Schedule CD 28” which may be increased to not more than the ”Maximum Density” also set out in Table 1 provided that: (a) The lot receiving the “Density Bonus” will not have a “Density” which exceeds the “Maximum Density” for the “Area” in which the lot receiving the “Density Bonus” is located; and (b) The “Density Bonus” will not allow more than 1,100 dwelling units to be constructed within the CD 28 zone. Table 1
(2) The “Density Bonus” provided under subsection (1) is subject to the following: (a) The “Density Bonus” provided to the lot would not result in more than a total of 220 additional dwelling units being permitted within the CD 28 zone as the result of all “Density Bonuses.” (b) The lot which receives the “Density Bonus” shall be required to provide an additional 2.5 square metres (26.9 sq. ft.) of public useable open space to that required by Section 98.11 for every additional dwelling unit permitted by the “Density Bonus”; and (c) A “Density Bonus” shall be administered by the City under covenants under Section 219 of the Land Title Act which are registered on the land upon adoption of this bylaw and on each lot subsequently subdivided within the CD 28 zone to ensure that any “Density Bonus” is in accordance with the provisions of the CD 28 zone.
(3) As an exception to sub-section (2)(a) which limits the total of all “Density Bonuses” to 220 dwelling units, lots subdivided within Area 6 may have their “Base Density” reduced to as low as zero provided that a “Density Bonus” yielding up to an equivalent number of dwelling units may be provided to a lot elsewhere within the CD 28 zone. (4) No “Density Bonus” under sub-sections (1), (2) or (3) is permitted on a lot after a development permit or development authorization for that lot has been issued. (5) No more than 1,100 dwelling units shall be permitted within the CD 28 zone, and, within the provisions of the CD 28 zone, no development permit or authorization shall be approved that would result in less than 880 dwelling units being constructed within the CD 28 zone. 98.7 Height of Buildings The height of buildings and structures within the CD 28 zone shall be as follows:
98.7.1 Area 1: Medium/High Density Multi-Family/
Commercial: Low Rise
(1) Maximum height of 4 storeys or 13.5 metres (44.3 ft.) 98.7.2 Area 2: High Density Multi-Family: Low/Mid Rise (1) Maximum height of 8 storeys or 27.0 metres (88.6 ft.). 98.7.3 Area 3: Medium/High Density Multi-Family: High Rise
(1) Maximum height of 22 stories or 70 metres (230 ft.) (2) Minimum height of 6 stories or 20 metres (66 ft.) on Parcel 5 for high-rise buildings and a minimum height of 2 stories or 6.7 metres (22 ft.) for townhouses if they are located on the same lot as a high-rise building with a height over 6 stories or 20 metres (66 ft.). 98.7.4 Area 4: Medium/High Density Multi-Family: Low Rise (1) Maximum height of 4 storeys or 13.5 metres (44.3 ft.) 98.7.5 Area 5: High Density Multi-Family/Commercial: Mid Rise (1) Maximum height of 8 storeys or 27.0 metres (88.6 ft.) 98.7.6 Area 6: Congregate Care/ Mixed Use/Economic Activity
(1) Maximum height of 22 storeys or 70 metres (230 ft.) on Parcels 6 and 7 (2) Maximum height of 8 storeys or 27.0 metres (88.6 ft) on Parcel 8 (3) Maximum height of 5 storeys or 17 metres (56 ft.) on Parcel 13 (4) Minimum height of 5 storeys or 17 metres (56 ft.) on Parcels 6 and 7 98.7.7 Area 7: Open Space
(1) Maximum height of 1 storey or 3.8 metres (12.5 ft.) 98.8 Setbacks (1) The minimum building setback from a road, other than (2) The minimum building setback from (3) The minimum building setback from a greenway or a railway pedestrian overpass shall be 7.6 metres (25 feet), but may be reduced to a setback of 5.0 metres (16.4 ft.) for up to 20% of the length of the building façade facing a greenway. (4) The minimum building setback from a railway right-of-way shall be 10.0 metres (33 feet) except for buildings containing residential or congregate care uses which shall have a minimum setback of 16.0 metres (52.5 ft.). (5) Notwithstanding sub-sections (1) and (2), the maximum setback from a road for a Retail Service (Group A) use shall be 5.0 metres (16.4 ft.). (6) As an exception to sub-section (5), a Retail Service (Group A) use may be located on Parcel 1 provided that it has a setback of no more than 30 metres (100 ft.) from Murray Street and that a landscaped buffer with a width of not less than 10 metres (33 ft.) is established between Murray Street and any parking lot. (7) Other than provided above, there shall be minimum side yard and rear yard setbacks of 5.0 metres (16.4 ft.). (8) As an exception to the watercourse setback provision contained within Section 5.2 of this bylaw, the setback from the natural boundary of the day-lighted water feature located within Parcel 9 shown on “Schedule CD 28” shall be 7.5 metres (24.6 ft.). 98.9 Parking and Loading (1) Off street parking and loading shall be provided in accordance with Sections 6 and 7 of this bylaw, with all parking being located underground except that: a) Unenclosed parking may be permitted on Parcel 1 as provided in Section 98.8(6); b) Enclosed, at-grade parking may be located within structures in Area 4; and c) Enclosed, at-grade parking may be located within structures or unenclosed parking may be located to the rear of buildings in Area 6. 98.10 Accessory BuildingsAccessory buildings customarily associated with the principle use of a lot shall be permitted provided that their total lot coverage does not exceed 5%. 98.11 Useable Open Space (1) On each lot on which a building is sited, useable open space shall: a) be provided on-site for all buildings of 10 or more dwelling units; b) be not less than 5.0 square metres (54 sq. ft.) per dwelling unit plus any additional useable open space required under Section 98.6(2); c) be developed for use by residents; and d) be continuously maintained by the owners of the building. (2) Any additional useable open space required under Section 98.6(2) is to be secured for public use and access on the lot on which the building is located or, as an exception to sub-section (1) above, may be located elsewhere within the CD 28 zone. 98.12 Common Indoor Recreation Space Common indoor recreation space shall be provided on the basis of a minimum floor area of 2.4 square metres (25 sq. ft.) per dwelling unit in or adjacent to each residential building on the lot on which the residential building is sited, or elsewhere within the CD 28 zone, for the use of the residents of the development within the CD 28 zone. 98.13 Subdivision, Development Standards, Density and Uses (1) The subdivision, development standards, “Density” and uses of land shall be in conformance with the provisions of the CD 28 zone and the plan attached as “Schedule CD 28” which is attached to and forms part of this bylaw. (2) Lots may only be subdivided within Areas 1 to 6 or within a “Parcel” and not straddle the boundary separating two or more “Parcels” or “Areas” shown on “Schedule CD 28” except for Areas 4 and 6 in which a lot may straddle a boundary between “Parcels” in the respective Areas to allow for the averaging of density within the lot subject to the provisions of the CD 28 zone. (3) A lot may not be created with a lot area of less than 3,500 square metres (37,674.9 sq. ft.) and with a lot width of less than 40 metres (131.2 ft.). (4) The planned public road rights of way identified on “Schedule CD 28” shall be dedicated as shown on “Schedule CD 28” and may be shifted in either direction by not more than half of the width of the road rights of way shown on “Schedule CD 28”. (I) By rezoning the property described in Section 2 above and shown on the attached map marked “Certified True Copy of Map of the Property referred to in Section 2 (ii) of Bylaw No. 2503” from M3 (General Industrial) to Comprehensive Development Zone 28 (CD 28). (II) By including within the City of 98 COMPREHENSIVE DEVELOPMENT ZONE 28 (BL 2503) (CD-28) (IV) By amending Section “4.3 Districts” to include: CD 28 Comprehensive Development Zone 28 (V) By Amending Section “8.1 Parcel “Area”, Width and Dimension“ to include: CD 28 3,500 square metres 40 metres READ A FIRST TIME THE 27th DAY OF November, 2001. READ A SECOND TIME THE 27th DAY OF November, 2001. PUBLIC HEARING HELD THE 11th DAY OF December, 2001. READ A THIRD TIME THE 11th DAY OF December, 2001. THIRD READ A THIRD TIME AS AMENDED THE 23RD DAY OF JULY, 2002. ADOPTED THE 23RD DAY OF JULY, 2002. _______________________ MAYOR _______________________ |