HomeMy WebLinkAboutBy-law 5500/99Attachment "1"
OMB FILE No. R010091
APPENDIX "A" TO THE ORDER OF THE
ONTARIO MUNICIPAL BOARD MADE ON THE
~4TH DAY OF MAY ,2002
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 5500/99
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by
By-laws 1158/80 and 3878/91, to implement the Official Plan of the City of
Picketing District Planning Area, Region of Durham in Block 1, Plan 40M-1236, in
the City of Picketing. (A 22/98)
WHEREAS the Council of the Corporation of the City of Pickering passed By-law 1158/80, being
a by-law to amend By-law 3036, to permit a commercial building and uses to be established on the
subject lands, being Block 1, Plan 40M-1236, in the City of Pickering;
AND WHEREAS the Council of the Corporation of the City of Picketing subsequently passed
By-law 3878/91, amending By-law 1158/80 to Zoning By-law 3036, to permit the addition of retail
stores to the list of uses permitted to be established on the subject lands;
AND WHEREAS the Council of the Corporation of the City of Picketing now deems it desirable
to further amend amending By-law 1158/80 to By-law 3036, as amended, to expand the list of
permitted uses on the subject lands;
AND WHEREAS a further amendment to amending By-law 1158/80 to By-law 3036, as amended,
is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1. TEXT AMENDMENTS
(1)
That Section 4, entitled Definitions, of By-law 1158/80, as amended by- By-law No.
3878/91, is hereby further amended by renumbering Subsections (1) to (10) and by
adding thereto the following subsections:
(1)
"Adult Entertainment Parlour" shall mean a building or part of a building in
which is provided, in pursuance of a trade, calling, business or occupation,
services appealing to or designed to appeal to erotic or sexual appetites or
inclinations.
(2)
(5)
(13)
"Bakery_" shall mean a building or part of a building in which food products
are baked, prepared and offered for retail sale, or in which food products
baked and prepared elsewhere are offered for retail sale.
"Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged.
"Restaurant - Type A" 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 or off the premises, or both, but shall not include an adult
entertainment parlour as defined herein.
(15)
Co)
(c)
(d)
(e)
For the purpose of this subsection, the terms:
(a) "Public School" shall mean,
(i)
a school under the jurisdiction of a board of education which
board is established pursuant to the Education Act, R.S.O.
1980, or any successor thereto;
(ii)
a college of applied arts and technology established pursuant
to the Ministry of College and Universities Act, R.S.O. 1980,
or any successor thereto; and
(iii)
a university eligible to receive provincial funding from the
Minister of Education, Colleges and Universities, pursuant to
the Ministry of Colleges and Universities Act, R.S.O. 1980,
or any successor thereto.
"Private Non-Residential School" shall mean a school which is maintained
for educational or religious purposes but shall not include any other school
defined herein.
"Private Residential School" shall mean a school which is maintained for
educational or religious purposes and which includes accessory residential
facilities but shall not include any other school defined herein.
"Commercial School" shall mean a school which is operated for gain or profit
and may include the studio of a dancing teacher or music teacher, or an art
school, a golf school, or any other such school operated for gain or profit, but
shall not include any other school defined herein.
"Day Nursery" shall mean lands and premises duly licensed pursuant to the
provisions of the Day Nurseries Act, or any successor thereto, and for the use
as a facility for the daytime care of children.
(2)
THAT Section 5.1, entitled Uses Permitted (C4 Zone), of By-law No. 1158/80, as
amended by By-law No. 3878/91, is hereby further amended by re-alphabetizing
Subsections (a) to (g) and by adding thereto bakeries, day nurseries, financial
institutions, private non-residential schools and restaurants - type "A" as permitted
uses such that the said subsection now reads as follows, namely:
(a) bakeries;
(b) business offices;
(c) day nurseries;
(d) dry cleaning depots;
(e) financial institutions;
(f) laundromats;
(g) neighbourhood stores;
(h) personal service shops;
(i) private non-residential schools;
(j) professional offices;
(k) restaurants - type A; and,
(1) retail stores subject to the provisions of Section 5(2)(b)(x)(2).
(3)
-3-
THAT Section 5(2), entitled Zone Requirements (C4 Zone), and more specifically part
(ix) of subsection (b), denoted Parking Requirements, is hereby deleted in its entirely
and the following inserted therefor to read as follows, namely:
(ix) PARKING REQUIKEMENTS (minimum):
There shall be provided and maintained on the lands designated "C4"
on Schedule 'T' attached hereto, a minimum of 45 parking spaces.
Despite clause 1. above, if any day nursery, private non-residential
school or restaurant type - A use exists on the lands designated "C4"
on Schedule "I" attached hereto, a minimum of 54 parking spaces
shall be provided and maintained;
Notwithstanding the provisions of Section 5.21.2, entitled
Supplementary Parking Regulation, of By-law No. 3036, as amended,
and more specifically paragraph (b) thereof concerning the location
of off-street parking spaces within the Local Commercial (C4) Zone
applicable to those lands located adjacent the south-west comer of the
intersection of Liverpool Road and Bushmill Street, off-street parking
shall be permitted within the interior side yard provided that no part
of any off-street parking space is located closer than 4.5 metres to the
west property line, and 1.5 metres from the east flankage property
line.
(4)
THAT Section 5(2), entitled Zone Requirements (C4 Zone), and more specifically
part (x) subsection (b), denoted Special Restrictions, of By-law No. 1158/80, as
amended by By-law No. 3878/91, is hereby further amended by adding thereto the
following clauses, namely:
The gross floor area of all daynurseries and/or private non-residential schools
on the lot shall not exceed 200 square metres.
The gross floor area of any restaurant - type A on the lot shall not exceed 200
square metres.
Notwithstanding any other provisions of this By-law to the contrary, a
maximum of one restaurant - type A shall be permitted on the lands zoned
"C4" on Schedule I attached hereto.
(a)
For the purpose of this clause, the term "drive-through facility" shall
mean a facility in which goods, products, or services are provided
directly to customers in vehicles.
No drive-through facility shall be permitted in association with any of
the uses permitted on the lands designated "C4" on Schedule I attached
hereto.
(5)
THAT Section 5, entitled Provisions, of By-law No. 1158/80, as amended by By-law
No. 3878/81, is hereby further amended by adding thereto a new subsection entitled
Holding Provision which shall read as follows, namely:
(3) Holding Provision
(a)
That where the Local Commercial Zone Symbol, denoted "C4" on
Schedule "I" to this By-law, is preceded by a Holding Symbol
denoted "(H)", no person shall use such lands or erect, alter or use any
building or structure or portion thereof for the purposes of a bakery,
a day nursery, a private non-residential school or a restaurant-type A
until such time as the following provisions have been complied with,
namely:
ii.
nl.
that a site plan agreement has been entered between the
Owner and the Municipality and registered against the title of
the lands to which it applies concerning the use of the lands
for the purposes of a bakery, a private non-residential school,
a day nursery and/or a restaurant-type "A" use;
that the site plan agreement referred to in paragraph (i) hereof
contains provisions with respect to the installation of
mechanical exhaust equipment, which equipment incorporates
odour control measures such as an ecologizer or other types
of odour suppression systems, prior to the establishment of
either a bakery or a restaurant-type "A", as permitted in
accordance with Section 5.1, of By-law No. 1158/80, as
amended by this by law; and,
that the Holding Symbol, denoted "(H)", is removed by the
Council of the Corporation of the City of Pickering in
accordance with the provisions of Section 36 of the Planning
Act, R.S.O. 1990, c.P.13, as amended.
e
SCHEDULE I
Schedule 'T' to By-law 1158/80 to By-law 3036, as further amended by By-law 3878/91, is
hereby deleted and Schedule 'T' attached hereto and forming part of this by-law is substituted
therefor.
BY-LAW
By-law 3036, as amended, is hereby further 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 I attached
hereto. Definitions and subject matters not specifically dealt with in this by-law shall be
governed by relevant provisions of By-law 3036, as amended.
4. EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof subject to the approval of the
Ontario Municipal Board.
BUSHMILL 'STREET
SQUARE
FINCH
SCHEDULE I TO'BY-LAW. 5 5nn/aa
LINWOOD
STREET
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ISSUE DATE:
May 28, 2002
DECISION/ORDER NO:
0668
Ontario
Ontario Municipal Board
RECEIVED
,~ ~ ~~ITY OF PICKERING
MAY 3 1 2002 I ,
L'~I.ERK $ DIVISION
CITY OF PICKERIN(~L010445
PICKERING, ONTARIO
Commission des affaires municipales de rOntario
J & K Shopping Centre Inc. has appealed to the Ontado Municipal Board under subsection
34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, against Zoning By-law 5500/99
of the City of Picketing
O.M.B. File No. R010091
BEFORE:
N. C. Jackson )
Member )
)
on FddaY, the 24th,
day of May, 2002
THIS MATTER having come on for public hearing;
AND UPON the Board having received an amended zoning by-law conforming to the
Board's decision and upon consent of the Parties;
THE BOARD ORDERS that the appeal is allowed, and By-law No. 5500/99,_as
amended is hereby amended in the manner set out and attached hereto as Attachment
"1". The municipality is authorized to assicln a by-law number or other number to
amendments made tl~rough this order for record keeping purposes.