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HomeMy WebLinkAboutInformation Report 02-05INFORMATION REPORT NO. 02-05 FOR PUBLIC INFORMATION MEETING OF February 17, 2005 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 01/05 The Pickering Home & Leisure Centre R.R.V.P. Pickering West Inc. (RIO CAN) 1755 - 1805 Pickering Parkway South Part of Lot 17 & 18, Concession 1 (40R-20443, Part 1, 3, 5, 6, 7, 8, 9, 10, 11 & 40R-20442, Part 2) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION the subject property is approximately 9.5 hectares in size, and located on the south side of Pickering Parkway, north of the 401, between Brock Road and Notion Road (see Attachment #1 — Location Map); the property is currently operating as a specialty retailing node within the City of Pickering, also known as The Pickering Home and Leisure Centre'; Canadian Tire and residential uses (across Brock Road) located to the west, First Pro Shopping Centre located to the north, vacant land and industrial uses (across Notion Road - Ajax) located to the east, and the 401 and industrial uses located to the south (see Attachment #2 — Applicant's Submitted Plan). 2.0 APPLICANT'S PROPOSAL - the applicant proposes to amend the existing zoning of the subject property to permit additional uses and revise leasable floor area provisions (see Attachment #3 — Proposed Zoning Changes). n ^Information Report No. 02-05 a 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan Page 2 - the Durham Regional Official Plan identifies the subject lands as being designated "Living Area"; - this designation permits special purpose commercial uses serving specialized needs on an occasional basis with services and facilities which consume larger parcels of land and require exposure to traffic; - the applicant's proposal appears to comply with this designation; 3.2 Pickerinq Official Plan - the subject property is designated "Mixed Use — Specialty Node" within the Village East Neighbourhood; - this designation permits hotels, limited offices, community, cultural and recreational uses, limited residential development at higher densities, and special purpose commercial uses such as: large format retailers, retail warehouses, membership clubs, theme and/or specialty retailers, automotive uses, and ancillary retailing of other goods and services including restaurants; - this property is located within one of the two Detailed Review Areas within the Village East Neighbourhood; - Schedule II of the Pickering Official Plan — "Transportation Systems" designates Pickering Parkway as a Type C — Arterial Road; 3.3 Zoning By-law 3036 - the subject property is currently zoned "M1-7/SPC-3" — Storage & Special Commercial by By-law 3036, as amended by By-law 2351/87; - the current zoning permits the following uses: • Business Office; • Commercial Club; • Financial Institution, as accessory to a home and design centre only; • Home and Design Centre; • Home Improvement Centre, as accessory to a home and design centre only; • Hotel; • Professional Office; • Retail Store; • Restaurant — Type A; • Vehicle Sales or Rental Establishment; - the applicant is requesting to amend the existing zoning of the subject property to permit additional uses and revise leasable floor area provisions (see Attachment #4 — Zoning By-law 2351/87 & Attachment #5 — Applicant's Proposed Zoning By-law); - this amendment applies to 1755 -1805 Pickering Parkway. •-1 "Information Report No. 02-05 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - no resident comments have been received to date; 4.2 Agency Comments - no agency comments have been received to date; 4.3 Staff Comments Page 3 - in reviewing the application to date, the following matters have been identified by staff for further review and consideration: • the examination of existing and proposed Pickering Home & Leisure Centre uses; • the compatibility of the Pickering Home & Leisure Centre uses with surrounding developments; • the impact of revised leasable floor areas on the Pickering Home & Leisure Centre and surrounding developments; • the examination of parking requirements to ensure that the parking supply is adequate on the site; • the examination of the applicant's proposed by-law to ensure that it is consistent with municipal standards; - this Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the public. 5.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; - if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. ' Information Report No. 02-05 6.0 OTHER INFORMATION 6.1 Appendix No. I Page 4 - list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; 6.2 Information Received - copies of the Applicant's Submitted Plan, Market Review prepared by urbanMetrics inc., and a Planning Analysis Report prepared by The Biglieri Group Ltd. are available for viewing at the offices of the City of Pickering Planning & Development Department; 6.3 Property Principal The owner of the property is R.R.V.P. Pickering West Inc. (RIO CAN) and the applicant is RIOCAN Real Estate Investment Trust (Stuart Craig), and the agent for this application is the Biglieri Group (Maurizio Rogato). GXR:ld Attachments Copy: Director, Planning & Development 2A� Lynda Taylor, MCI , RPP Manager, Development Review APPENDIX NO. I TO INFORMATION REPORT NO. 02-05 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date; COMMENTING AGENCIES (1) none received to date; COMMENTING CITY DEPARTMENTS (1) none received to date. ATTACHMENTO I TO INFORPAATION REPORP# 22- 0 IIIII1'"�� "III' �Itlllll" 'I'�'1I11 r❖Oi•••••••••••••••••••••••ii•Oiiiiiiiiiiiiiiiiii'�'�'�`i`i`i'i'�`i`i4'-D`i`-D`i`i'-'-`-'-'-`i'�`�`i`i'�`�`i`i`i`�.'i ►••OOO•••••••••••••••••••••O•.••••O••O.O.❖.•O��•••••••••••❖•O••O•.O❖.L�•. ♦�•....•.•.•••••♦ • ♦••••••�•.�•••.•••••••A• I r ■ old—�•� . ATTACHMENT# ? To "'IR) ATIONREPORT# 02"05 cq S I eY Iii VSs n' �na m°z ' I I `• I I ` i I ` I I ` I I ` I I ` i I o I I � i •i I1�. � i a i I EN -2- _^ \ 6 tvZ0, 0 1- ll -� 0+N!NN °ff+fRl+NN+ID � r OWN WIRHNHNO i HHNNNNHNI� � = ONE+�+WR+RN+RNfNId % kHNNNNHN� ;. � 1, uur = OfN+INNRWi+fRN+ND ! 61HNHI}D •--_i._ � - OiNfWINiNWR+ND ! �p � : � to OWH NNNWiND NHNMNPo �__ P{NWRa+I+ID � HffNffH� � � , �{ - O+Nfif+NfRID NfHNNNu ° , GNNHNNHNNI" =FF NEW r NNNOf'9 " UNHNNNONHN" % I R J MNNf9fp OH m HNNHNfO MNNHN9 iLp NfHN fNHN C d Duan �poae ATTACHMENT# -...To INFORMATION RE M# &- 5 m N 0 0 06 a) E N O O O 0^ _ N v! C q OJ LL <t T 'O O N O C LL N a1 w C O' C O) uJ W R Q y L 0 a NO LL J -0 ca N O CL C7 mE `o U) as U O mE 'X m E E E m N O L a p E @ N _ E E 0 - 00 M CQ C. E T 0 () a) W C E W C.2 O CU O L N O Q N O O O d W E r aN N a) dto Cl) co E co N" 3 a; N p rnO O Z N CD m'm (DO O z O � O) p cm N OJ M la c E E 3m E'C N U c cu LOE O T In L N r O O n7 LL O LLN ai ai L (n y Co N a) J Vi 0 CD 0 V Y C U) W L m m Vi r a) E a: o r = d d 0 ATTACHMENT#Y-TO INFORMATION REPORT# 04-05 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2351/87 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part of Lots 17 and 18, Concession 1, in the Town of Pickering. (Parts 6 to 13 inclusive and 22 and 23, Plan 40R-4576; and Plan 40R-5341). OPA 86-28/0/P; A 26/86 WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of certain industrial and commercial uses on the subject lands; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; I NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE "I" Schedule "I" attached hereto with notations and references shown thereon is hereby declared to be part of this By -law. - 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lots 17 and 18, Concession 1, Pickering, designated "Ml -7/ SPC -3" on Schedule "I" attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this By-law, (1) "Business Office" shall mean a building or part of a building in which the management or direction of a business,a public or private agency, a brokerage or a labour or fraternal organization is carriedon and which .may include a telegraph office, a- data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; - (2) "Commercial Club" shall mean an athletic, recreational or social club operated for gain or profit and having public ,i or private membership; i continued... ATTACHMENT#-I—TO. INFORMATION F EMT# (3) "Financial Institution" shall mean a building or part of a exchanged; ein which money is deposited, kept, lent or exchanged; (4) "Food Store" shall meana building gr part of a building in w _lc —primarily food produce is stored, offered and kept for retail sale to the public and in which items or merchandise of day -to=day household- necessity may be stored, offered and kept. for retail sale to the public; (5) "Gross Leasable Floor Area" shall mean the aggregate of the foor, areas -of- a 1. storeys above or below established grade, designed for owner or tenant occupancy or exclusive use, only, .but excluding -storage areas below established j l grade; 'Revoked & (6) "Home and Design Centre" shall -mean a. buildinq or buildings Amended by in which home related products including but not limited to :Sy -law 2898/88 furniture, appliances, electrical fixtures,'carpets and floor coverings, building and plumbing supplies, draperies, hardware and garden supplies are storaJ, offered and kept for wholesale or,retail sale, but shall not include food stores and ne.igh- ,j bourhood stores; (7) "Home Im rovement Centre" shall mean a building or part of 'a ur ding used primarily for the display,. wholesale and retail sale of building materials, hardware or accessories, including lumber; (a) II i I !Revoked & Amended by " lyy-law 2898/88 I (10) r I; I "Flotel" shall mean a building, or two or more buildings attacl ed above grade, used for the purpose of catering to the needs of the.travelling public by providing overnight sleeping accommodations of not less than 25 bedrooms and may include uses accessory thereto, including meeting rooms, conference rooms, recreational facilities and dining and lounge areas; (a) "Lot" shall mean an area of land fronting on a street wh—is used or intended to be used as the site of a building; or a group of buildings, as the case may be, together with any accessory buildings or structues, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Frontage" shall mean the width of a lot between fiF sig at lines measured along a line parallel to and.7.5 meEres distant from the front lot line; - _"Neighbourhood SEore" 'shall food,. drugs, periodicals or household necessity are kept residents of; or persons neighbourhood; mean a retail store in which similar 'items of day -to=day for retail sale primarily to employed in the immediate (11) "Parking Space" shall mean a usable and accessible area of not ass than -5.95 square metres, for the temporary park- ing of a vehicle, but shall not include any portion of a parking aisle or driveway; I I� i� II lj continued... Amended by (17) "Vehicle Sales or Rental Establishment" shall mean an, establishment used -law 5425/98 for. the sale, rent. or lease of vehicles, and which may include as an. accessory use thereto, the outdoor display of vehicles for sale, rent, or lease, a vehicle repair shop, a restaurant -type D with a gross floor space of not more than 150 square metres, offices, a car wash, and sales of automobile -related products, but shall not include any establishment engaged in the retail sale of motor vehicle fuels. UQ) g) to (18) "Convenience Store" shall mean a retail store inwhich food, 'drigs,-periodicals or ' (2 7) Amended similar items of day-to-day household necessity are kept for retail .sale primarily to by By-law . residents or persons employedin'tfieimmediate neigl&urhood; 5'670/00 (19) `Discount Department Store" shall mean a discount department store as defined by Statistics, Canada, such as but not limited to Zellers and Wal-Mart, engaged in general merchandising of a wide- range of commodities and services which may include but is, not limited to' apparel, hardware and household goods, garden supplies, automotive supplies, leisure; pet and drug items and toys;- '(20) oys; '(20) `Drug Store" shall mean a building or part of a building inwhich pharmaceutical prescriptions are compounded and dispensed to the public, and where medicine, medical supplies and associated merchandise, confectionery, items, cosmetics, toiletries, periodicals; or similar items of day-to-day household necessity are stored, displayed and offered for retail sale, (21) "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; (22) ."General Merchandise Store" shall mean a general merchandise store as defined by Statistics Canada (1980 Standard Industrial Classification Code 6413), such as but not limited to Bi -Way; Bargain Harolds, -and Stedman, engaged in general - merchandising of a wide range of commodities and services, which may include but is not limited to apparel, hardware and household goods, garden supplies, ATTACHMENT#.A.'10 INFORMATION REPORTCaLr. ' .(12) "Restaurant -Type 0" shall mean a building or part of a .i building where food is prepared and offered or kept for 'retail sale to the public for immediate consumption on the 'i j premises, and which may include an accessory take-out :I component; jI (13) "Warehouse" shall mean a building or part of a building i I Ij w rc. is .used primarily for the housing, .storage, adapting 9 for sale, packaging, or wholesale distribution of goods, wares, merchandise,. food=stuffs, substances, articles or j things, and includes the premises of a 'warehouseman but jl shall not include a fuel storage tank except as an ;I accessory use; ':Revoked & .(14) "Yard" shall mean an area of land which is ,appurtenant '!Amended by `Eo and .located on the same lot as a building or i 8y -law 2898/68 structure and .is open, uncovered and 'unoccupied above :I ground except For such accessory buildings, structures, Ij or other. uses as are specifically permitted thereon; II Amended (15) "Retail Warehouse -Type B" shall mean a warehouse of at least lillo0 by By -lata square metres, having a floor -to -ceiling height of at least 5 metres, 11434/94 and in which over 101A but less than 90% of the gross floor area is used for retail sales, but does not include a supermarket or department store. Amended by (16) "Vehicle Repair Shoo" shall mean an establishment containing facilities Ey-law 5425/98 for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed for remuneration, but shall not include a body shop or any establ ishment, engaged in the retail sale of vehicle fuels; Amended by (17) "Vehicle Sales or Rental Establishment" shall mean an, establishment used -law 5425/98 for. the sale, rent. or lease of vehicles, and which may include as an. accessory use thereto, the outdoor display of vehicles for sale, rent, or lease, a vehicle repair shop, a restaurant -type D with a gross floor space of not more than 150 square metres, offices, a car wash, and sales of automobile -related products, but shall not include any establishment engaged in the retail sale of motor vehicle fuels. UQ) g) to (18) "Convenience Store" shall mean a retail store inwhich food, 'drigs,-periodicals or ' (2 7) Amended similar items of day-to-day household necessity are kept for retail .sale primarily to by By-law . residents or persons employedin'tfieimmediate neigl&urhood; 5'670/00 (19) `Discount Department Store" shall mean a discount department store as defined by Statistics, Canada, such as but not limited to Zellers and Wal-Mart, engaged in general merchandising of a wide- range of commodities and services which may include but is, not limited to' apparel, hardware and household goods, garden supplies, automotive supplies, leisure; pet and drug items and toys;- '(20) oys; '(20) `Drug Store" shall mean a building or part of a building inwhich pharmaceutical prescriptions are compounded and dispensed to the public, and where medicine, medical supplies and associated merchandise, confectionery, items, cosmetics, toiletries, periodicals; or similar items of day-to-day household necessity are stored, displayed and offered for retail sale, (21) "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; (22) ."General Merchandise Store" shall mean a general merchandise store as defined by Statistics Canada (1980 Standard Industrial Classification Code 6413), such as but not limited to Bi -Way; Bargain Harolds, -and Stedman, engaged in general - merchandising of a wide range of commodities and services, which may include but is not limited to apparel, hardware and household goods, garden supplies, ATTACHMENT# I/ To INFORMATION REqf`'Ti 2-o. (23) "Maior Department Store" shall mean a major department.store as defined by Statistics Canads, such as but not limited to Eaton's; Sears and The Bay, engaged in general merchandising of a wide range of commodities and services, which may include but is'nof limited to apparel, hardware and household goods, garden supplies, automotive supplies,'leisure, pet and drug items and toys; (24) 'Professional Office" shall mean 'a building or part of a building in which medical, legal or other professional service is performed or consultation given, :and which may. include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body -rub parlour as defined by the Municipal Act, R.S.O. 1990, c.M. 45, as amended from time -to -time, or any successor thereto; (25) 'Restaurant , Type A" shall mean a building orpart of a building where food id prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both, but shall not include an adult entertainment parlour as defined in- the Municipal Act, R.S.O. 1990, c.M. 45, as amended from. time -to -time, or anysuccesdor thereto; (20 'Retail Storo" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles, or things are stored, kept and offered for retail. sale to the public, but shall not include a foodstore, a discount department store, a major department store, a; convenience store; a drug store; a video store, or a general merchandise store; (27) "Video Store" shall mean a building or part of a building. in which video cassette' recorders and,tapes'and accessories thereto are stored, serviced, displayed, and.. offered for rent or retail sale to the public for use off the premises only. I 5. PROVISIONS Revoked (1)(a) Uses Permitted.C" Al-7/SPC-3" Zone & Amended. by ay-iaw No person shall,within the lands designated."M1-7/SPC-3" on Schedule 'T' 5670/90 attached hereto use any lot or erect, alter or use any Building or structure for any purpose except the following; ' (i) business office; ,(ii) commercial club; (iii) financial institution, as accessory to a home and design centre only; (iv) ' home and design centre; (v) 'home improvement centre, as accessory to a home and design centre only; (vi) hotel; (Vii)• professional office; (viii) retail store,. (ix) restaurant -type A; - (x). ;vehicle sales or rental establishment. �I (b) Zone Requirements.("M1-7/SPC-3" Zone) ' No person shall within the lands. designated "M1-7/ SPC -3" on Schedule "I" attached hereto, use any - lot or erect, alter or use any building except in accordance_ with the rollowing.provisions: q (1) YARD SETBACKS (minimum): as illustrated on Revoked & Schedule 1 attached Amended by hereto BY -law j 2B9B/BB (ii) BUILDING HEIGHT (maximum): 22 metres r ATTACHMENT##�i® INFORMATION REPORT# 02-05 (ifri) OPEN STORAGE; Revoked & (iv) Amended by By-law 5670/00 I�Revoked & tv) Amended it by 8y -law �I 2898/86 All uses, other than parking, shall take place entirely within enclosed buildings or structur storage or display except: es with no outside 4 For the home improvement centre component of a home and design centre, lumber and other supplies 'may be stored or displayed outside so long as no 50% of the gross e Floor area of. that thanleasablmore component is used for storage or display, and all such storage and display areas are completely and permanently screened From all public roads ' by buildings,. structures, walls, fences, lan or any combination thereof.;, dscaping., 8 Fox the .garden supply component of a home and design centre, garden supplies may be stored ., displayed in a partially enclosed stor ructure I' long as no more than 8e gross leasso 0% of thable floor area of that component is used for storage or I display, and all such storage or. display areas. are :I completely screened From all public roads by „ buildings, structures; walls, Fences, landscaping or any combination thereof. PARKING REQUIREMENTS: A For a vehicle sales 'Or rental establishment, there shall be provided and maintained on lands designated 'Ml-7/SPC-3" on Schedule •I attached hereto; .a minimum. of 4. parking spaces ,pal: 100 square metres for customers and employees, in addition to any parking provided for the . outdoor. display of vehicles for sale, rentor lease; B For all other permitted uses, there shall be provided and maintained on lands designated "Ml-7/SPC-3" on Schedule I 'attached• hereto, a minimum of 1,000 parking spaces; C Despite Sectign 5.21.2g) of By-law 3036, as amended, all parking areas -shall be surfaced witli, brick, asphalt. or concrete, or -any combination thereof: SPCCIAL REGULATIONS: R Ived all & A The maximum aggregate gross leasable floor area for restaurants.- type A shall An enokded by" be 2,000 square metres, unless at least one restaurant - type A has a minimum B law 5670/00 gross leasable floor area of d,000 square'metres, in which case the maximum aggregate gross leasable floor area for all restaurants - type A shallbe 31000 square metres; The aggregate of the -gross leasablc floor areas of qlh home and mlesiC centres' on the lands designated "641-7/SPC-3" on SClredulr, 1 attached to hereto shall exceed 10,000 square metres; C The percentage of the lands designated 'M -7/511C-3" on Schedule f attached hereto covered by all buildings shall not exceed 40 percent'. Amended by D The outdoor display of vehicles for sale, rent, or lease associated with a By-law 5425/98 vehicle sales or rental establishment shall only be located within the p hatched area identified on Schedule I attached hereto. E II to x iB.. Maximum,aggregate gross leasable floor area for all uses shall be 27,000 square ended by nmetres; BY—law 5670/00 ATrACHMENT&l__'V__T0 INFORMATION REPOR7 0 02 D5 F Maximum aggregate gross leasable floor area for all -business and professional of5ces shall be 6,000 square metres; G Minimum unit size for a retail store shall be 1,400 square metres; H. Notwithstanding clause G above, a maximum aggregate gross leasable floor area of 9,000 square metres shall be permitted: (1) for retail stores less than 1;400 square metres, but larger than.or equal to 300 square metres; i (2) of which a maximum aggregate floor area of 1, 350 square metres shall be permitted for retail stores less than 500 square metres, but larger than or equal to 300 square metres. 6. OY-LAW 3036 'Revoked _ 'I& (0 Dy -law 3036, as amended, is hereby further amendedonly to the extent necessary to Amended give effect to the provisions of tills By-lawas it applies to the arca set onl In by By-law Schedule I attached hereto. DeNril t tons '111d subjer-t matters not specifically dealt 2898/88 will! In this 6y -law shall be governed by the relevant provisions of By-law 3036, ns. amended. (2) Section 3.21.2(6) of By-law 3036, as amendvd, .511,111 not apply to the In ods designated "1vlI-7/5PCr3" on Schedule I attached hereto. (7) By-law 1547/87., which amended By-law 3036, is hereby revoked. 7. ENFORCEMENT - (1) Any person who contravenes any of the provisions of this By-law is guilty of an offence.and on conviction is liable,. (a) on a first conviction to a fine $20,000; and oP not more than (b) on a subsequent conviction to a fine of not more than $10,000 for each day 'or part thereof upon which the contravention has •continued after the day on which he was first convicted. (2) Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $50,000; and (b) on a subsequent conviction a. fine of not more than $25,000 for each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted; and not as provided in subsection (1). A ATTACHMENT!#_'/_,T0 'Nr0R..+AATI0NREEPGRT:# Z�-65-.-. (3) Where a conviction is entered., under subsection (1),. in: addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject .to the approval .of the Ontario Municipal Board, if required. _ READ A FIRST AND SECOND TIME .THIS 19th DAY ,OF January ,'1987. READ A THIRD TIME AND PASSED THIS 21st DAY OF April , 1987. YOR j CLERK OHN .E. ANDERSON BRUCE J. TAYLOR TON.'N OF PI('KF.RI!%!G APPROvED AS TO FOP•.t.`. LE;AL ATTACHMENT## -�Z-719 "%'MRMATION REMRT. �? 0 0 E N d' N? g mN,, 0�� H CO A J F w �. W 0 W LL S � } 0 C0 ------------ 1 N (NOTION ROAD I I I I I IQ I I� -----------' BROCK ATTACHMENT# 570 . 'mFORMATION REM# 0? -05 Appendix A: Proposed Zoning By -Law PLANNING, DEVELOPMENT & PROJECT MANAGEMENT CONSULTANTS 26 Bellefair Avenue Toronto Ontario M41- 3T6 Telephone: 416-693-9155 Facsmile:416.693-9133 th ebig I i erig roup@sympatico.ca ATTACHMENT#I.,.To�7" INFORMATION REM#. , THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER UU05 Being a By-law to amend Restricted.Area (Zoning).By-law 3036, as amended, to implement the Official Plan ofthe City ofPickering District Planning Area, Region of Durham, in Part ofLots 17 and 18, Concession 1, in the City of Pickering. (Parts 6-13, 22&23, Plan 40R-9576; and Plan 40R-5341). WHEREAS an amendment to By-law 3036, as amended, to permit expansion of the uses permitted on the subject lands and to eliminate certain restrictions on commercial, retail and service uses on the subject lands is deemed necessary by the Council of the Corporation of the City of Pickering; NOW THEREFORE THE COUNCIL OF TIE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULEI Schedule I attached hereto with notations and references shown thereon is hereby declared to be part ofthis By-law. 2. AREA RESTRICTED The provisions of the By-law shall apply to those lands in Part of Lots 17 & 18, Concession 1, City of Pickering, designated as MU -SRN (2) on Schedule I attached hereto. 3. 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. 4. DEFINITIONS In this By-law, (a) "Assembly Hall" shall means building or part of a building in which facilities are provided for purposes such as civic, educational, political, religious or social meetings and which may include an auditorium or a banquet hall; (b) 'Body Shop" shall mean an establishment engaged in repairing or painting vehicle bodies; ATTACkMEN'T# -5 'fly '4JPnRMATION FEPORTO, 2-D5 -2- (c) 'Business Office" shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organizationis carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; (d) "Commercial Club" shall mean an athletic, recreational or social club operated for gain or profit and having public or private membership; (e) "Commercial -Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, roller- skating rinks, squash courts, swimming pools and other similar indoor recreation facilities are provided and operated for gain or profit, and which may include an arena or stadium but shall not include a place of amusement or entertainment as defined herein; (f) "Convenience Store" shall mean a retail store in which food, drugs, periodicals or similar items of day-to-day household necessity are kept for retail sale primarily to residents or persons employed in the immediate neighborhood; (g) 'Discount Department Store" shall mean a discount department store as defined by Statistics Canada, such as but not limited to Zellers and Wal-Mart, engaged in general merchandising of a wide range of commodities and services which may include but is not limited to apparel, hardware and household goods, garden supplies, automotive supplies, leisure, pet and drug items and toys; (h) 'Drug Store" shall mean a building or part of a building in which pharmaceutical prescriptions are compounded and dispensed to the public, and where medicine, medical supplies andassociatedmerchandise, confectionery items, cosmetics, toiletries, periodicals, or similar items of day-to-day household necessity are stored, displayed and offered for retail sale; (i) 'Dry Cleaning Depot" 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; (j) 'Duplicating Shop" shall mean part of a building where such items as letters, plans, pictures and documents are reproduced by photostating, blueprinting or other similar methods; ATTACMMENTO.5,70 INFORMAnONRb ` O, OZ OS -3- (k) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged, and which includes a chartered bank or branch thereof; (1) 'Floor Area" shall mean the aggregate of the floor areas of all above and below grade storeys, but shall exclude the floor area of any stairwells, elevators, and any part below established grade used exclusively for storage purposes; (m) '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 including items of day -today necessity may be stored, offered and kept for retail sale to the public; (n) "General Merchandise Store " shallmean a retail store engaged in general merchandising of a wide range of commodities and services, which may include but is not limited to apparel, hardware and household goods, garden supplies, automotive supplies, leisure, pet and drug items and toys; (o) "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 those areas used exclusively for storage purposes which are below established grade or within mezzanines; (p) 'Motel" shall mean a building, or two or more buildings attached above grade, used for the purpose of catering to the needs of the traveling pubic by providing overnight sleeping accommodations of not less than 25 bedrooms and may include uses accessory thereto, including meeting rooms, conference rooms, recreational facilities and dining and lounge areas; (c) 'Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or a group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (r) 'Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (s)"MajorDepartment Store "shallmean amajor departmentstore as defined by Statistics Canada, such as but not limited to Sears and Tire Bay, engaged in general merchandising of a wide range of commodities and services, which may include but is not limited to ATTACHPAk'NTO 570 '"FORMATION REl M I ' 0 apparel, hardware and household goods, garden supplies, automotive supplies, leisure, pet and drug items and toys; (t) 'Personal Service Shop" shall mean an establishment in which personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a body -rub parlor as defined in the Municipal Act, R.S.O. 1990, c.M. 45, as amended from time -to - time, or any successor thereto; (u) 'Place of Amusement or Entertainment" shall mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and which may include a billiard or pool room, a dance hall, a music hall, or a theatre, but shall not include an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1990, c.M. 45, as amended from time -to -time, or any successor thereto; (v) 'Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include abody-rub parlour as defined by the Municipal Act; R.S.O. 1990, c.M. 45, as amended from time -to -time, or any successor thereto; (w) 'Restaurant - Type 'T' shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both on and off the premises, and which may include a drive-through, order and pick-up service, but shall not include an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1990, c.M.45, as amended from time -to - time, or any successor thereto; (x) 'Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles, or things are stored, kept and offered for retail sale to the public, but shall not include a food store, a discount department store, a major department store, a convenience store, a drug store, a video store, or a general merchandise store; (y) "Vehicle Repair Shop" shall mean an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed in return for remuneration, but shall not include a body shop or any establishment engaged in the retail sale of vehicle fuels; (z) "Vehicle Sales or Rental Establishment" shall mean an establishment used forthe sale, rent or lease of vehicles, and which may include as an accessory use thereto, the outdoor ATrt cHMEN4S#_i_'O 1NFOWGATION FEMU 0-? -5 - display of vehicles for sale, rent, or lease, a vehicle repair shop, a restaurant -type F with a gross floor space of not more than 150 square metres, offices, a car wash, and sales of automobile -related products, but shall not include any establishment engaged in the retail sale of motor vehicle fuels; (aa) "Video Store" shall mean a building or part ofa building in which video players and media and accessories thereto are stored, serviced, displayed, and offered for rent or retail sale to the public -for use off the premises only; (bb) "Warehouse" shall mean a building or part of a building which is used primarily for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food -stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use; (cc) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon. PROVISIONS (a). Uses Permitted No person shall, within the lands designated MU -SRN (2) on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following, subject'to specific provisions in this By-law: (i) assembly hall; (u) business office; (iii) commercial club; (iv) commercial -recreational establishment; (v) convenience store; (vi) discount department store; (vh) drug store; (vin) -dry cleaning depot; (ix) duplicating shop; (x) general merchandise store; (xi) personal service shop; (xn) financial institution; (xiii} food store; (xiv) hotel; ATTACHI•r1ENT#–,�-7TO INFORMA"aiMN REPORT # 6® (xv) professional office; (xvi) restaurants - type 'T"; (xvh) retail store; (xviii) vehicle sales or rental establishment; (xix) vehicle repair shop; (xx) video store. (b) Zone Requirements "MU -SRN (2)" Zone No person shall, within the lands designated MU-SRN(2) on Schedule I attached hereto, use any Lot or erect, alter or use any building except in accordance with the following provisions: (i) YARD SETBACKS (minimum): (u) BUILDING HEIGHT (maximum): (iu) OPEN STORAGE: as illustrated on Schedule I attached hereto 22 metres (A) All permanent uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display; (B) Notwithstanding the foregoing, an outdoor sales and display area may be established and maintained in conjunction with and as accessory to any food store, discount department store, or retail store in excess of 1,750 square metres, provided that the outdoor sales and display area is not more than 20% of the floor area, up to a maximum of 2,000 square metres, and further provided that all such outdoor storage and display areas shall be completely screened from all public roads by buildings, structures, walls, fences, landscaping, or any combination thereof; (C) Notwithstanding clause A and B above, a maximum of one. outdoor storage and display area may be established and maintained on lands designated MU -SRN (2) on Schedule I attached hereto, in conjunction with and accessory to a retail store with a minimum floor area of 9,000 square metres, devoted primarily to the sale ofhome improvement items,. provided that the outdoor storage and display area does not exceed 3,000 square metres in size, is completely screened by buildings, structures, walls, fences, landscaping or any combination thereof; and provided further that the area devoted to outdoor storage s hall not be included in the calculation of floor area or gross leasable floor area. - ATTACHAAM TO c� INFORMATION R POR -1' #® O2 -7- (iv) PARKING REQUIREMENTS (A) For a vehicle sales or rental establishment, there shall be provided and maintained on lands designated MU -SRN (2) on Schedule I attached hereto, a minimum of 4 parking spaces per 100 square metres for customers and employees, in addition to any parking provided for the outdoor display of vehicles. for sale, rent or lease; (B) For all other permitted uses, there shall be provided and maintained a minimum of 1000 parking spaces on the lands designated as MU -SRN (2) on Schedule I attached hereto; (C) Notwithstanding, Section 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 surfaces ofbrick, asphalt or concrete, or any combination thereof; (D) Section 5.21.2 (b) of By-law 3036, as amended, shall not apply to the lands designated MU -SRN. (2) on Schedule I attached hereto. (y) SPECIAL PROVISIONS: (A) A maximum of one food store with a floor area greater than 700 square metres shall be permitted on the lands designated MU -SRN (2) on Schedule I attached hereto; (B) The percentage of lands designated MU -SRN (2) on Schedule I attached hereto covered by all buildings shall not exceed 40%; (C) Notwithstanding any other provision contained herein, an enclosed shopping centre, pedestrian mall, or other enclosed pedestrian structure providing access to more than one building for members of the public, shall not be permitted; (D) The outdoor display of vehicles for sale, rent or lease associated with a vehicle sales and rental establishment shall only be locatedwith the hatched area identified on Schedule I attached hereto; (E) The maximum gross leasable floor area for all uses shall be 27,000 square metres; n ATTAOHmF_NT# -� To VNFORMAMONRE'Ma1'# 02 t�5 10 (F) The maximum aggregate gross leasable floor area for all business offices and professional offices shall be 6,000 square metres; (G) Maximum aggregate floor area for all restaurants - type "F" shall be 2,000 square metres, unless at least one restaurant - type "F" has a minimum floor area of 1,000 square metres, in which case the maximum aggregate floor area for all restaurants-. type "F" shall be 3,000 square metres; (11) Minimum unit size for a retail store shall be 1,400 square metres; (1) Notwithstanding clause H above, a maximum aggregate floor area of 1,350 square metres may be used for retail stores less than 1,400 square metres. 6. By -Law 3036 (a) By-law 2351/87, as amended, be and is hereby revoked.. (b) By-law 3036, asamended, is hereby fiuther amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule 1 attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended; (c) In the event of any inconsistency between the provisions of this By-law and any general provisions of By-law 3036, then the provisions ofthis By-law shall be deemed to govern. 7. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof. READ A FIRST AND SECOND TIME THIS DAY OF 2005. READ A THIRD TIME AND PASSED THIS DAY OF 2005. ATTAcl BAENT#-,f-TG °4 INFORIVIATIONRIrP=# 62 -DS Im Mayor Clerk K:\JFARBER\WpData\RioCan\Pickering Design Centre Re-Zoning\By-Iaw3.wpd