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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 hi AVENUE n zO O~ 0 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.