BY-LAW 2008-272

 

A by-law to amend Zoning  By-law 2237, as amended.

To rezone the Old Thornhill Post Office at the south east corner of Yonge Street and Thornhill Summit Drive to permit a residential condominium development with street related retail fronting Yonge Street

 

THE COUNCIL OF THE CORPORATION OF THE TOWN OF MARKHAM HEREBY ENACTS AS FOLLOWS:

 

1.         By rezoning the lands shown on Schedule ‘A’ attached hereto from Community Commercial [CC] to Community Amenity Area One  [CA1]

 

2.         Notwithstanding any of the provisions of By-law 2237, as amended, the provisions in this By-law shall apply to the lands zoned Community Amenity Area One [CA1], as shown on Schedule ‘A’ attached hereto.  All other provisions of By-law 2237, as amended, unless specifically modified/amended by this section continue to apply to the lands subject to the By-law:

 

2.1       The following provisions shall apply in the Community Amenity Area One (CA1) Zone as it applies to the lands shown on Schedule ‘A’ attached hereto:

 

2.2.1    Permitted Uses

 

            The following uses are permitted:

 

            a)   Residential Uses:

i)    APARTMENT DWELLING

     

 

b)   Non-Residential Uses:

      i)    RETAIL STORES

ii)   PERSONAL SERVICE SHOPS

      iii)  BUSINESS OFFICES

      iv)  MEDICAL OFFICES

      v)   RESTAURANTS

      vi)  TAKE-OUT RESTAURANTS

v)   FINANCIAL INSTITUTIONS

 

 

2.2.2    Zone Standards

 

            The following specific zone standards apply:

 

a)   Minimum LOT FRONTAGE

35 metres

 

 

b)   Minimum Required FRONT YARD

1.8 metre

 

 

c)   Minimum Required INTERIOR SIDE YARD

 

d)   Minimum Required EXTERIOR SIDE YARD

 

0 metres

 

 

0 metres

 

e)   Minimum Required REAR YARD

 

0 metres

 

f)   Maximum BUILDING HEIGHT:

 

187.86 metres Canadian Geodetic Datum

 

 

 

 

 

 

 

2.2.3    Special Site Provisions

 

a)   Maximum number of APARTMENT DWELLING  UNITS:

 

46

b)   Maximum GROSS FLOOR AREA of non-residential uses:

 

 

900 m2

c)   Maximum permitted GROSS FLOOR AREA of MEDICAL OFFICES

 

 

450 m2

d)   Minimum setback from the FRONT LOT LINE for residential uses located in the first STOREY:

 

 

 

30 metres

e)   Parking for permitted non-residential uses:

1 PARKING SPACE per 30 m2 of NET FLOOR AREA

 

f)    Notwithstanding the HEIGHT definition, maximum BUILDING HEIGHT shall be measured at the highest point of the flat roof or deck roof surface of the BUILDING, excluding any enclosed mechanical penthouse or rooftop mechanical equipment.

 

g)   The FRONT LOT LINE is the Yonge Street lot line.

 

 

h)   For the purposes of this By-law the following definitions shall apply:

 

“BUILDING” means a STRUCTURE occupying an area greater than 10 square metres consisting of any combination of a wall, roof and floor, or a structural system serving the function thereof, including all associated works, fixtures and service systems.

 

“BUILDING, APARTMENT” means a BUILDING containing three or more DWELLING UNITS that share a common external access to the outside through a common vestibule and a common corridor system. 

 

“BUSINESS OFFICE” means PREMISES used for conducting the affairs of business, professions, services, industries, governments, or like activities, in which the chief product of labour is the processing and/or storage of information rather than the production and distribution of goods.

           

“DRIVE-THROUGH SERVICE USE” means a BUILDING or STRUCTURE or part thereof where goods and/or services are offered to the public within a parked or stationary vehicle by way of a service window or kiosk, where goods, money or materials are exchanged.  Kiosks within a parking garage or associated with a surface parking area are not considered to be drive-through service uses.

 

“DWELLING, APARTMENT” means a dwelling unit in an apartment building.

 

“DWELLING UNIT” means a suite which functions as a housekeeping unit used or intended to be used as a domicile by one or more persons; containing cooking, eating, living, sleeping and sanitary facilities; and having a private entrance from outside the building or from a common hallway or stairway inside or outside the building.

 

“FINANCIAL INSTITUTIONS” means PREMISES in which financial services are offered to the public and includes a bank, credit union, trust company, savings office or any other retail banking operation, but will not include a DRIVE-THROUGH SERVICE USE.

 

“LOT LINE, EXTERIOR SIDE” means the LOT LINE other than a FRONT LOT LINE or REAR LOT LINE, which divides the lot from a street. 

 

“LOT LINE, INTERIOR SIDE” means a LOT LINE other than a REAR LOT LINE, which does not abut a street. 

 

“MEDICAL OFFICES” means PREMISES used for the medical, dental, surgical and/or therapeutic treatment of human beings including clinics operated by a number and or variety of medical professionals, but does not include a public or private hospital or office located in the medical professional’s residence.

 

“PERSONAL SERVICE SHOP” means PREMISES in which services involving the care of persons or their apparel are offered and includes a barber shop, a hair dressing shop, a beauty shop, a shoe repair establishment, a dry cleaning depot, a dry cleaning establishment or similar service establishments.

 

“PREMISES” means an area of a BUILDING occupied or used by a business or enterprise.  In a multiple tenancy BUILDING occupied by more than one (1) business, each business area shall be considered a separate PREMISES.  Each individual unit proposed and/or registered in a draft Plan of Condominium shall also be considered an individual PREMISES.

 

“RESTAURANT” means PREMISES in which the principal business is the preparation and serving of food and refreshments to the public for consumption at tables within or outside the BUILDING and which may include the preparation of food in a ready-to-consume state for consumption off the PREMISES, but will not include a DRIVE-THROUGH SERVICE USE.

 

“RESTAURANT, TAKE OUT” means PREMISES designed and used for the sale of food or refreshments to the public for consumption off the PREMISES and may include, as an accessory use, a seating area for up to twelve persons, but will not include a DRIVE-THROUGH SERVICE USE.

 

“RETAIL STORE” means PREMISES in which goods, wares, merchandise, substances, articles or things are displayed, rented or sold directly to the general public, but shall not include a DRIVE-THROUGH SERVICE USE.

 

“YARD, EXTERIOR SIDE” means a YARD other than an INTERIOR SIDE YARD which extends from the FRONT LOT LINE to the REAR LOT LINE between the EXTERIOR SIDE LOT LINE and the nearest part of any BUILDING on the LOT.

 

“YARD, INTERIOR SIDE” means a YARD other than an EXTERIOR SIDE YARD which extends from the FRONT LOT LINE to the REAR LOT LINE between the INTERIOR SIDE LOT LINE and the nearest part of any BUILDING on the LOT.

 

 

 

3.         All other provisions of By-law 2237, as amended, not inconsistent with the provisions of this by-law shall continue to apply 

 

 

 

 

APPROVED BY OMB ON APRIL 29, 2008

 

 

 

 

 

EXPLANATORY NOTE

 

BY-LAW 2008-272

 

1547155 Ontario Ltd.

7751 Yonge Street

South East corner of Yonge Street and Thornhill Summit Drive

 

Lands affected

This By-law amendment applies to a 0.354 ha (0.87 ac) parcel of land on the south east corner of Yonge Street and Thornhill Summit Drive.  

 

Existing and proposed zoning

The subject lands are currently zoned Community Commercial [CC] by By-law 2237, as amended.  The lands are to be rezoned to Community Amenity Area One [CA1].

 

Purpose and Effect

The purpose and effect of this by-law is to permit development of a 46 unit residential apartment building, with grade-related retail and commercial uses along the Yonge Street frontage.  Non-residential uses will total just under 900 m2 (9,700 sq. ft.) with direct pedestrian access off Yonge Street.  Residential uses will be located above the 1st storey in the Yonge Street wing, and throughout the Thornhill Summit Drive and Eliza St. wings of the building.  Residential uses are not permitted on the ground floor of the Yonge Street frontage of the building.  Building heights are measured at the top of the roof of the building, excluding the rooftop of the mechanical penthouse or mechanical equipment.  The maximum elevation for the building roof set out in the By-law is 12 metres above the elevation of the Yonge Street sidewalk in front of the subject lands.  Parking will be provided in a surface lot located south and east of the proposed building and in an underground structure.  Access to the interior parking area will be through an archway along the Thornhill Summit Drive frontage of the building, located approximately 30 metres (98 feet) east of Yonge Street.