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Home My WebLink AboutBy-law 4433/94 z 920151 0 940090 M 940021 Ontario Ontario Municipal Board Commission des affaires municipales de I'Ontario TITLE CORPORATION OF THE TOWN OF PICKERING BY-LAW hq/MBER z,,~ /94 SCHEDULE "B" Bela8 a By-law to ~.mend Re~:ricled Ar-,, (Zoning) By-law 3036, as amended by By-law 3177/89 and By.law 325~/89, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, in Part of Lot 30, ltange 3, Broken Front Concession (Parts 3 and 4, Plan 401t.-9658) Town of Picketing. (n 20.~2) (I) Section 4.(10) of By-law 3177/89 is hereby revoked and the following substiluted therefor: (10) ?Restaurant - T..v? F" shall mean a building or pan of a building where. ~ is prepared and offered or kept for retail sale tn the public for immediate, consmlXion on the premises or off the promises, or both on anci offthe premises, and which may include a drive-through, order and pick-up service: Sc~;tiun $.(l)(a)(vii) of By-law .3177/89 is hereby revoked and thc followh~g substituted th-rcfor: (vii) rtsumrant - :ype F (3) Section 5.(1)Co)(,,;iii)B of By-law 3177/89 is hereby revoked and the following substitu',~l therefor: B No display except the display of automobiles or trucl~ or marine vehicles in association with a vehicl~ sales or rental cslabhshrnexlt shall be permitted in any yard. (4) Sect/on $.(l)(b)('ix,)B of By-law 3177/89 is hereby revoked and the foUow/ng substitu~ therefor: For all uses excluding s hotel ,use and a vehicles sales or rental establisL'r, ent use, there shall be provided and maintained on the subject lands a minimum of 4.5 p,,zking sp~ccs per 100 square me~es of gross le..tmble floor area; (5) Sccti:n 5.(i)Co)(ix)D of By-law 3177/89 is hereby renumbered as Section 5.(1)(b)(ix)E, a.nd the follow~ng inserted ,'s a new Sect/on 5.(1)(b)(ix)D: D F~r a vehicle salts or rentol e:iabli:h.mcnt use, there shall be prodded aid n~./~tced on the subject/aMs a m/nimum of 3.0 spaces p~r !00 square metres of gross leasable floor area; Schedule "B" Z 920151 0 940090 M 940021 (6) Section ~.(1)(bXx)A of'By-law 3177/g9 is lm~by revoked end ~he following sub~imted therefore: Athe Sross floor area of all restam'an~s, Type F on the subject lands shall not 'ex_,~e_ _d 750 ~uam meizcs; : B the gross floor m. ee of all r~smumau, Ty~ F haying a drive- · rou~h, order and pick.up scrvicc shall not exceed 470 square C no more than m,o restaurants, Type F havi~$ a ckiv~-through, order and pick.up servicc shall be penni~d o~ tb~ ~ubject lands. This B¥-hw shall rake effect from ,he day of Ontario Municipal Board approval hereof. ~ i FOIJO i' - oeo~.a ~ ~TE ; Z 920151 O 940090 JUL 0 6 ~994 C[E~'S ~E~ M 940021 Ontario 0~ ~ ~ rou0 t ~ j Ontario Municipal Board Commission des affaires municipales de rOntario . .. At the request of Gleed Motor Holdings, the Minister of Municipal Affairs has referred to the Ontario Municipal Board under subsection 22(1) of the Planning Act, R.S.O. 1990, c. P.13, from the Town of Pickering Councirs refusal or neglect to enact a proposed amendment to the Official Plan for the Town of Pickering, to expand permitted uses in the "Highway Industrial-Commercial" designation to permit the outside storage of marine vehicles on lands respecting 555-559 Kingston Road, being composed of Parts 3 and 4, Plan 40R-9658 O.M.B. File No. O 940090 - and - Gleed Motor Holdings has appealed to the Ontario Municipal Board under subsection 34(11) of the Planninq Act. R.S.O. 1990, c. P.13, from the Town of Picketing Council's refusal or neglect to enact a proposed amendment to Zoning By-law 3036, as amended, including amending By-law 3177/89, to rezone lands respecting 555-559 Kingston Road, being composed of Parts 3 and 4, Plan 40R-9658, from "SC-28" Special Purpose Commercial to "SC__" Special Purpose Commemial to expand uses currently permitted O.M.B. File No. Z 920151 - and - Gleed Motor Holdings Ltd. has referred to the Ontario Municipal Board under subsection 41(12) of the Planning ACt, R.S.O. 1990, c. P.13, determination and settlement of details of a site plan for lands composed of Part of Part -2- Lot 30, Range 3, Broken Front Concession, known municipally as 555-559 Kingston Road O.M.B. File No. M 940021 COUNSEL: C.M.T. Sheffield for Town of Pickering R.R. Arblaster for Gleed Motor Holdings MEMORANDUM OF ORAL DECISION delivered by W.E. KING on 16 Mav. 1994 AND ORDER OF THE BOARD Gleed Motor Holdings owns a 1.127 hectare property in the Town of Pickering located between Kingston Road (Highway No. 2) and Highway 401. The lands are designated Highway Industrial-Commercial and zoned Special Purpose Commercial. The owner wishes to develop the lands with a marine vehicle sales or rental use and restaurants in which one can either eat in or take out/drive through. The marine vehicle sales establishment would require outdoor storage and display. This project requires an Official Plan amendment because the Picketing District Plan (Woodlands Community Plan Part A) allows outdoor storage and display for motor vehicle dealerships and home improvement centres, but not stet marine vehicles. A zoning by-law amendment is necessary in order to permit the same outdoor storage and display and to permit take-out and/or drive-through restaurants. By-law 3177-89 -- the by-law currently in force - permits only restaurants that offer food for sale solely for consumption on the premises. Amendments are also sought in the maximum gross floor · area for the restaurant use and in the number of parking spaces required for the marine vehicle establishment. - 3 - Z 920151 Gleed Motors' original plan also included a gas bar and a car wash. Largely because of this the Town refused to pass the necessary amendments on the grounds that these uses were compatible with neither the adjacent uses nor the other proposed uses on the site. However, the applicant and the Town continued discussions while awaiting a hearing and succeeded in reaching an agreement. They submitted a modified zoning by-law amendment to the Board at the commencement of the hearing, prepared by the Town, and the Town's planner gave planning evidence in support of the modified proposal. Both parties also requested that the matter of the site plan determination be adjourned sine die. Because the Official Plan and zoning matters have only recently been resolved, there has not been time to finalize an agreed upon site plan. Agreement has been reached upon the contentious matters and the parties do not foresee the matter having to come to the Board, but some of the details have yet to be worked out. Therefore, they requested an adjournment, with expectation of a withdrawal. The Board granted the adjournment request. Mr. Jeffrey Cole, a planner with the Town of Pickering testified that, with the modifications agreed to by the applicant, the proposal is in conformity with the general intent of both the Official Plan and the Zoning By-law, is appropriate for the site and constitutes good planning. It is appropriate for the site, which fronts on Highway 2 and also abuts Highway 401. The take-out and/or drive-through restaurants are good uses for lands right next to highways. The marine vehicle sales use is space extensive and a typical highway commercial use. The expansion of uses is slight and will implement the intent of the Woodlands Community Plan. As for the Official Plan amendment to permit the outdoor display and storage of marine vehicles, Mr. Cole testified that the use for which the storage and display is necessary is permitted by the Official Plan. It is simply that the Plan, which was approved in 1981, is more specific in its outdoor display provision than many official -4- plans and marine vehicle display and storage was overlooked when it was drafted. There was no intention to exclude it, merely a failure to include. There is nothing about marine vehicles that makes their display more objectionable than that of motor vehicles. The amendment is site specific, and outdoor display of rnarin~ vehicles is appropriate for this site. The amendment, therefore, conforms with the general intent of the Plan. The proposal is also compatible with other uses in the vicinity. On the lands immediately to the east of the site there is a special purpose commercial plaza with an eat-in restaurant and car rental. To the west there is an automobile dealership with outdoor storage and display. Across Kingston Road another commercial plaza is planned but not yet developed. Both the expanded uses and the outdoor display fit in well with these existing developments. Other provisions of the proposed zoning by-law address parking standards for the marine vehicle dealership and gross floor area for the two restaurants. The minimum parking standard for the marine vehicle dealership only, is reduced from the general requirement of 4.5 spaces to 3 spaces per 100 square metres of gross leasable floor area. This is considered adequate because, since more space is required for the marine vehicles themselves, the size of the premises does not reflect the number of customer or staff cars that will require parking. Less parking is required for this use than for others of the same size. The reduced parking standard will have the added benefit of allowing more space to be devoted to landscaping to make the site more attractive. The gross floor area is increased to reflect the number of restaurants (a maximum of two) and the expansion of types of restaurant permitted. .The B. oard is satisfied, on the basis of the evidence presented, that the proposal and the amendments to the Official Plan and Zoning By-~aw necessary to implement it, are in general conformity with the Town's planning documents, appropriate for the site and the area and represent good planning. - 5 - Z 920151 The Board amends Pickering District Plan 0Noodlands Community Plan Part 'A') by Amendment No. 85, in accordance with Schedule "A". The appeal under subsection 34(11) of the Planning Act is allowed and By-law 3177189 is amended by By-law No. 4433~94, in accordance with Schedule "B". The Board so orders. '~/.E. King" W.E. KING MEMBER Z 920151 0 940090 M 940021 Ontario Ontario Municipal Board Commission des affaires municipales .de 'qntario SCHEDULE "A" AMENDMENT NO. ~ TO THE PICKERING DISTRICT PLAIN (WOODLANDS COMMUNITY PLad~ PART 'A') schedule "A" Z 920151 O 940090 M 940021 PART I - THE PREAMBLE Purpose: The purpose of the amendment is to permit the outdoor displty of marine vehicles on the subject property in addition to other omzloor storage and display permltmcl by the ~-llg~way 'Indt~tl~ Commercial' designation of the Picketing District l~lan, Woodlands Community' flan Part A. Location: The subject lands consist of approximately 1.0 heciares located on the south side of Kingston Road, midway between Rougemount Drive and Whites Road, immediately north of Highway 401. The lands generally described ss Part of Lot 30, Range 3, Broken Fronz Concession, To,,,x of P~ettn~. Atxachment No. I shows the location of the subject property. Basis: The Woodlands Community Plan, Part A, permits Ilml~-d outside storage or display for automobile dealerships and home improvement centres subIect m Iimita6ons established In the zoning by-law within areas designated "Highway Industrial - Commercla~ in the Whites and Rougemount Precincts. The outdoor display of marine vehicles on the subject property would be similtr to that permit-ted for automobiles but marine vehicles ate not considered automobiles. An amendment is required to permit the outdoor display of marine vehicles due m the very specific wording of the Plan. SCHEDULE O 940090 Schedule "A" H 940021 Schedule "A" Z 920151 O 940090 M 940021 Amendment: The Picket/nB District Plan (Woodlancb Community Plan, Pmrt A) is hereb~ amended b~. (a) Adding · new Subaection 3.C.(i) as follows: On the land~ designated "H~gbway Industrial. Comm~ctm' and situated within ~ Pollcy Ar~a "R' as shown on ,.~:hedulo YT. IM ilr~t~l use shall be established In the dewlopm~nt pla appl cable, and the zoning b law.' (b) Amending Schedule VI-1.A, Kinl~ton i~ad . HIgh~ay 401 Corridor:. ~ Uae Plan as Indicated In Schedule 'A' I~ this Amendment. Implementation: The provtMona ~et forth in the Picketing District Plan, as amended, regarding the Implementation of the Plan shall apply In regal! ~ this amendment. Interpretation: The ptx,~lom set f~rth In the Picketing District Plan, as amended, regarding the interpretation of the Plan shall apply in regard ~o this amendment. Z 920151 O 940090 Schedule "A" M 940021 I1