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Home My WebLink AboutBy-law 7176/11 The Corporation of the City of Pickering By-law No. 7176/11 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 6549/05, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lots 17 and 18, Concession 1, in the City of Pickering. (A 7/10) Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a shopping centre expansion on the subject lands, being Part of Lots 17 and 18, Concession 1 in the, City of Pickering; And whereas an amendment to By-law 3036, as amended by By-law 6549/05, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows` 1. Schedule I Amendment (1). Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. (2)- Schedule I to By-law 6549/05, is hereby repealed and replaced with Schedule I attached hereto: 2. Text Amendment (1) Section 2. Area Restricted is hereby repealed and replaced by the following clause: The provisions of this By-law shall apply to those lands being Concession 1 Part of Lot 17 (40R-11413 Parts 1-3), Part of Lots 17 & 18 (40R-11780 Parts 1-6), and Part of Lots 17 & 18 (40R-20443 Parts 1-3, 5-11) in the City of Pickering, as shown on Schedule I attached to this By-law. (2) Section 4. Definitions is hereby amended by: (a) deleting subsection (28) Vehicle Repair Shop and subsection (29) Vehicle Sales or Rental Establishment, (b) deleting subsection (25) "Restaurant -Type A" and replacing it with the following definition: "Restaurant - Type A" shall mean a building or part of a building where food is prepared or offered or kept for retail sale to the public for immediate consumption on or off the premises; By-law No. 7176/11 Page 2 (c) adding the following definitions: "Drive-through Facility" means the use of land, buildings or structures, or parts thereof to provide or dispense products or services, either wholly or in part, through an attendant or a window or an automated machine, to persons remaining in motorized vehicles that are in a designated queuing lane; "Drive-through Queuing Lane" shall mean an on-site lane for motorized vehicles whose occupants are waiting to be provided with products or services, which is separated from other vehicular traffic and pedestrian circulation by barriers, markings or signs; "Food Store" shall mean a building or part of a building in which primarily food produce is stored, offered and kept for retail sale to the public and in which items or merchandise of day-to-day necessity may be stored, offered and kept for retail sale to the public; "Landscape Area" shall mean an open unobstructed space from ground to sky free of buildings or structures which is used exclusively for landscaping and which may include any surfaced walk, patio, solid landscape wall or fence in addition to planting; (d) re-numbering and re-alphabetizing the definitions accordingly; (3) Clause 5.(1)(a) Uses Permitted is hereby repealed and replaced by the following clause: 5.(1)(a) Uses Permitted ("MU-SRN-1" Zone) No person shall within the lands zoned "MU-SRN-1" on Schedule attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) assembly hall; (ii) business office; (iii) commercial club; (iv) commercial-recreational establishment; (v) discount department store; (vi) drug store, as an accessory use to permitted uses (v), (x) and (xi); (vii) dry cleaning depot, as an accessory use to permitted uses (v), (x) and (xi); (viii) duplicating shop, as an accessory use to permitted uses (ii), (v), (x), (xi),(xvi) and (xvii) (ix) financial institution; (x) food store; By-law No. 7176/11 Page 3 (xi) home and design centre; (xii) home improvement centre; (xiii) hotel; (xiv) place of amusement or entertainment; (xv) . professional office; (xvi) retail store; (xvii) restaurant - Type A; (xviii) spa; (4)_ -Subclauses (i), (ii) and (iii) of clause 5.(1)(b) Zone Requirements ("MU-SRN-1" Zone) are hereby repealed and replaced by the following subclauses: (i) Building Envelope: No building, part of a building, or structure shall be erected outside of the building envelope illustrated on Schedule I attached hereto; (ii) Building Height: Maximum 22.0 metres Minimum 6.5 metres (iii) Floor.Area Limitations: A Maximum aggregate floor area for all uses shall be 35,820 square metres; B Maximum aggregate floor area for all business and professional offices shall be 6,000 square metres; C Maximum aggregate floor area for all restaurants - Type A shall be 3,000 square metres; D Maximum floor area for a discount department store shall be 7,450 square metres; E Minimum unit size for a retail store shall be 929 square metres; F Despite E above, a maximum aggregate floor area of 7,000 square metres shall be permitted for retail stores between 100 square metres and 929 square metres, of which a maximum of five retail stores can have floor areas between 100 square metres and 300 square metres; G Minimum floor area for a spa shall be 150 square metres; By-law No. 7176/11 Page 4 H Minimum floor area for a food store shall be 4,515 square metres; (5) Subclause (v) Parking Requirements of clause 5.(1)(b) is hereby repealed and replaced by the following; (v) Parking Requirements: A For all permitted uses, parking shall be provided and maintained on lands zoned "MU-SRN-1° on Schedule I attached hereto, at a minimum rate of 4.2 spaces per 100 square metres or part thereof of gross leasable floor area; B Despite sections 5.21.2g) and 5.21.2k) of. By-law 3036, as amended, all entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; C Sections 5.21.2a) and 5.21.2b) of By-law 3036, as amended, shall not apply; (6) S.ubclause (vi) Special Regulations of clause 5.(1)(b) is hereby amended by: (a) deleting subclause B regulating vehicle sales or rental establishment; (b) adding the following subclauses: A maximum of one food store shall be permitted on lands zoned "MU-SRN-1" on Schedule I attached hereto; Drive-through facilities associated with a restaurant use shall not be located within 30 metres of a public street; Drive-through queuing lanes shall not be located between a building(s) and a public street; A minimum 3.0 metre wide landscape area shall be provided adjacent to Pickering Parkway; No building shall be erected within 40 metres of the Brock Road right-of-way unless a minimum of 40 percent of the length of the r build-to zone "A" as illustrated on Schedule I attached hereto is occupied by part of a building or buildings; By-law No. 7176/11 Page 5 Notwithstanding the clause above, a building may be erected within 40 metres of the Brock Road right-of-way, and outside of the build-to zones illustrated on Schedule I attached hereto, if a minimum of 50 percent of the length of the build-to zone contains a building(s) and/or part of a building(s); No building shall be erected within 40 metres of the Pickering Parkway right-of-way unless a part of a building or buildings occupies the following: (i) a minimum of 40 percent of the length of the build-to zones "B" or "C" as illustrated on Schedule I attached hereto, or (ii) a minimum of 80 percent of the length and depth of the build-to zone "D" or "E" as illustrated on Schedule I attached hereto; Notwithstanding the clause above, a building may be erected within 40 metres of the Pickering Parkway right-of-way, and outside of the build-to zones "B", "C" or "D" or "E" illustrated on Schedule I attached hereto, provided that a building is already located in the build-to zone; Build-to zone provisions above shall not apply to buildings in existence as of the date of the passing of the by-law, or to additions of existing buildings; (c) re-alphabetizing the clauses accordingly; (7) Section 5 Provisions is hereby amended by adding clause (2) Uses Permitted ("(H) MU-SRN-1 ° Zone) as follows: (2) (a) Uses Permitted ("(H) MU-SRN-1" Zone) Until such time as the "(H)" Holding Provision is lifted, the lands shall not be used for any purpose other than stormwater management. (b) Removal of the "(H)" Holding Symbol The "(H)" Holding Symbol shall not be removed from the (H) MU-SRN-1 zone until completion of the following: (i) appropriate arrangements have been made to the satisfaction of the City of Pickering for the conveyance of lands to the City, free and clear of all encumbrance for the purposes of widening Notion Road for the construction of a Highway 401 overpass; and By-law No. 7176/11 Page 6 (ii) appropriate arrangements have been made to the satisfaction of the Toronto and Region Conservation Authority and the City for the future management of the Regional Storm flood volumes in the absence of a stormwater facility. 3. By-law 3036 By-law 3036, as amended by By-law 6549/05 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Sections 1 and 2 above.. _ Definitions and subject matter not,specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3.036, as amended.' 4. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law read a first, second and third time and finally passed this 21st day of November, '201.1: David Ryan, Debbie Shields, City Clerk I i i - NOTION ROAD NOTION ROAD. I I N VNas-flw{H) ~z T r M Tl T FT 1 r . N --T--- I -~1 - k ~~1I{IIIIIIIIIIIiI - WSHCOURT DRIVE I I IIIIIIIIII - = I I I I I I I 1 I I F_ - ASHFORD 1TITTT-i-i ~ ~ i '1 11IIIIiIIIIIIi~ a ~ ~ TITIIIITITI~ I I o~ t - BEECHIAWN DRIVE - -f T'_t o I I I_ _ g w w \ f o CJ 1. ~6 j z I: I F~ Z N L WiKSNERE a I _ W T-1 _j m m e I .I t 9 in o a BROCK ROAD 5 SCHEDULE I TO BY-LAW 6549/0 AS AMENDED BY BY-LAW 7176 1 1 MAYOR j~7 CL RK ~ - ~ I