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HomeMy WebLinkAboutBy-law 5511/99THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 5511/99 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 Lot 18, Concession 1, in the Town of Picketing. (A16/98) WHEREAS an amendment to By-law 3036, as amended, to permit, in addition to a trade centre, the development of large format retailing, including a food store, discount department store, and ancillary retailing of goods and services, is deemed necessary by the Ontario Municipal Board pursuant to section 34(11) of the Planning Act; NOW THEREFORE THE ONTARIO MUNICIPAL BOARD BY ORDER AMENDS BY-LAW 3036, AS AMENDED, 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. AREA RESTRICTED The provisions of this By-law shall apply to these lands in Part of Lot 18, Concession 1, in the Town of Picketing, designated "TC/SPC" on Schedule I attached hereto. 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, (1) "Assembly Hall" shall mean a 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; (2) "Body Shop" shall mean an establishment engaged in repairing or painting vehicle bodies; (3) "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 carded 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; (4) "Commercial Club" shall mean an athletic, recreational or social club operated for gain or profit and having public or private membership; (5) "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; 2 (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) "Convenience Store" shall mean a retail store in which food, drags, periodicals or similar items of day-to-day household necessity are kept for retail sale primarily to residents or persons employed in the immediate neighbourhood; "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 drag items and toys; "Drag 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 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; "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; "Duplicating Shop" shall mean part of a building where such items as letters, plans, pictures and documents are reproduced by photostatting, blueprinting or other similar methods; "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; "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; "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; "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 Stedmans, 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 drag items and toys; "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; "Major Department Store" shall mean a major department store as defined by Statistics Canada, 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 not limited to apparel, hardware and household goods, garden supplies, automotive supplies, leisure, pet and drag items and toys; "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-mb parlor as defined in the Municipal Act, R.S.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto; (18) (19) (20) (21) (22) (23) (24) "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; "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; "Restaurant - Type F" 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; "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 drag store, a video store, or a general merchandise store; "Trade Centre" shall mean a building or part of a building in which facilities are provided for the temporary exhibition and temporary associated sales of goods, wares, merchandise, articles, produce or things; "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; "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. 4 PROVISIONS (1) Uses Permitted ("TC/SPC" Zone) No Person shall, within the lands designated "TC/SPC" 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) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) assembly hall; business office; commercial club; commercial-recreational establishment; financial institution; discount department store; food store; place of amusement or entertainment; professional office; restaurant - type F; retail store; trade centre; drug store, as an accessory use to permitted uses (vi) and (vii); dry cleaning depot, as an accessory use to permitted uses (vi) and (vii); duplicating shop, as an accessory use to permitted uses (ii), (vi), (vii), (ix), and (xi); personal service shop, as an accessory use to permitted uses (ii), (vi), (vii), (ix), and (xi); vehicle repair shop, as an accessory use to permitted use (vi). Zone Requirements ("TC/SPC" Zone) No person shall within lands designated "TC/SPC" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (i) BUILDING HEIGHT: A For the purpose of this clause, "building height" shall mean the vertical distance between the established grade and the highest point of the roof surface or parapet. A penthouse tower, cupola, steeple or other roof structure which is used only as an ornament or to house mechanical equipment of any building shall be disregarded in calculating building height; B No building, part of a building, or structure that is greater than 15 metres in height shall be erected on the lands; C Notwithstanding clause B above, any building erected within 150 metres of the Brock Road right-of-way shall be a minimum of 7 metres and a maximum of 23 metres in height; (ii) BUILDING LOCATIONS: A No building, part of a building, or structure shall be erected outside of the building envelope illustrated on Schedule I attached hereto; B No building shall be erected within 150 metres of the Brock Road right-of-way unless a minimum 75% of the length of the building's west-side wall is within the build-to-zone illustrated on Schedule I attached hereto; C Notwithstanding clause B above, a building may be erected within 150 metres of the Brock Road right-of-way, and outside of the build-to-zone illustrated on Schedule I attached hereto, if a minimum 40% of the length of the build-to-zone contains a building(s) and/or part of a building(s); D Clause 5.22(7) of By-law 3036, as amended, shall not apply to lands designated "TC/SPC" on Schedule I attached hereto; (iii) FLOOR AREA LIMITATIONS FOR CERTAIN USES: A Maximum aggregate floor area for all uses shall be 40,000 square metres; B Maximum aggregate floor area for all uses, excluding trade centre, shall be 31,000 square metres; C Maximum aggregate floor area for all business and professional offices shall be 6,000 square metres; D 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; E Minimum floor area for a trade centre shall be 9,000 square metres; F Minimum floor area for a discount department store shall be 9,000 square metres; G Minimum floor area for a food store shall be 6,000 square metres; H Minimum unit size for a retail store shall be 1,400 square metres; Notwithstanding clause H above, a maximum aggregate floor area of 9,300 square metres shall be permitted: (1) for retail stores less than 1,400 square metres, but larger than or equal to 300 square metres; (2) of which, a maximum aggregate floor area of 1,400 square metres shall be permitted for retail stores less than 500 square metres, but larger than or equal to 300 square metres; (iv) OUTDOOR STORAGE AND DISPLAY: A All permanent uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display; B Notwithstanding clause A above, an outdoor sales and display area may be established and maintained in conjunction with and as accessory to any food store, any discount department store, and any retail store having a floor area 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 sales and display areas are permanently screened from all public roads by buildings, structures, walls, fences, landscaping, or any combination thereof; (v) (vi) C Notwithstanding clause A above, a maximum of one outdoor storage area may be established and maintained on lands designated "TC/SPC" 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 of home improvement items, provided that the outdoor storage area does not exceed 3,000 square metres in size, is completely and permanently screened by buildings, structures, walls, fences, landscaping, or any combination thereof, and provided further that the area devoted to outdoor storage shall not be included in the calculation of floor area or gross leasable floor area; PARKING REQUIREMENTS: A B C D For the purpose of this clause "parking space" shall mean a usable and accessible area of not less than 2.6 metres in width and not less than 5.3 metres in length, for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; E Parking shall be provided at a ratio of 10.0 parking spaces for each 100 square metres or part thereof of gross leasable floor area of the trade centre; F For all other uses, there shall be provided and maintained on the lot a minimum of 5.0 parking spaces for each 100.0 square metres or part thereof of gross leasable floor area; G Notwithstanding 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; All parking areas shall be set back a minimum of 3.0 metres from any road allowance; All two-way parking aisles shall have a minimum perpendicular width of 6.5 metres, which shall not include any portion of a parking space; Sections 5.21.2a) and 5.21.2b) of By-law 3036, as amended, shall not apply; SPECIAL REGULATIONS: A B C D No building, part of a building, or structure shall be erected or altered unless a trade centre exists on lands designated "TC/SPC" on Schedule I attached hereto; Clause 5(2)(ii)B shall not apply to minor additions or minor external alterations to any building existing on or before January 1, 1999, on the lands designated "TC/SPC" on Schedule I attached hereto; All trade centre activities, except vehicle parking, shall take place within an enclosed structure; A maximum of one food store with a floor area greater than 700 square metres shall be permitted on lands designated "TC/SPC" on Schedule I attached hereto; E Notwithstanding clause 4.2.4 of By-law 3036, as amended, in the event that a portion of the existing Pickering Parkway is closed to facilitate the realignment of Picketing Parkway, the southern boundary of the "TC/SPC" zone designated on Schedule I attached hereto, shall coincide with the centreline of a realigned Pickering Parkway, and the building envelope is deemed to be 3.0 metres from the road allowance; F Notwithstanding any other provision contained herein, within lands designated "TC/SPC" on Schedule I attached hereto, occupancy of any food store with a floor area greater than 700 square metres, shall not be permitted prior to June 11, 2003; G Notwithstanding any other provision contained herein, a major department store shall not be permitted within lands designated "TC/SPC" on Schedule I attached hereto; H 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, with the exception of the trade centre use; The permitted uses listed as 5(1)(xiii), 5(1)(xiv), 5(1)(xv), and 5(1)(xvi), shall be wholly contained within, and accessory to, their principal permitted uses identified in clause 5(1), with no direct external access; Notwithstanding clause 5(2)(iii)G, a food store with a floor area greater than 300 square metres and less than 700 square metres, shall be permitted; K The floor area of a restaurant which is wholly contained within, accessory to, and accessed only through, a discount department store, a food store, or a retail store, shall not contribute to the maximum aggregate floor area for restaurants type - F, but shall contribute to the gross floor area of the discount department store, food store, or retail store; (3) Holding Provisions ("(H)" Symbols) (i) USES PERMITTED: A While the "(H-l)" holding symbol is in place, no person shall within the lands designated "TC/SPC" on Schedule I attached hereto, erect, alter or use any building or structure, except for a trade centre subject to the provisions of By-law 1894/84, an amendment to By-law 3036, as amended; B While the "(H-2)" holding symbol is in place, outdoor storage shall not be permitted within the lands designated "TC/SPC" on Schedule I attached hereto, notwithstanding clause 5(2)(iv)C of this By-law; 8 (ii) REMOVAL OF "(H)" HOLDING SYMBOLS: A Prior to an amendment to remove the "(H-1)" - Holding Symbol preceding the zone category "TC/SPC", the following conditions shall be met: An appropriate development agreement shall be entered into between the owner of the lands to which the "(H-1)" - Holding Symbol applies and the Region of Durham, and shall be registered on title to the lands, to address such matters as: road widenings; construction phasing; and, Regional services; (2) An appropriate development agreement shall be entered into between the owner of the lands to which the "(H-l)" - Holding Symbol applies and the Town of Piekering, and shall be registered on title to the lands, to address such matters as: conceptual site plan approval; road widenings; construction phasing; and, the realignment of Piekering Parkway; B Prior to an amendment to remove the "(H-2)" - Holding Symbol preceding the zone category "TC/SPC", the following conditions shall be met: (1) Appropriate site plan/development agreement(s) shall be entered into between the owner of the lands to which the "(H-2)" Holding Symbol applies and the Town of Picketing, and shall be registered on title to the lands, to address the appropriate location of an outdoor storage area associated with a retail store devoted primarily to the sale of home improvement items, and also address screening of the outdoor storage area, operational characteristics including noise, dust and lighting control, and other related matters; (iii) REPEAL BY-LAW 1894/84: Upon adoption of an amendment to remove the "(H-1)" - Holding Symbol preceding the zone category "TC/SPC", By-law 1894/84 which amended By-law 3036, shall be revoked insofar as it applies to the lands shown on Schedule I attached hereto. BY-LAW 3036 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 the relevant provisions of By-law 3036, as amended; EFFECTIVE DATE This By-law shall take effect from the date of the Order of the Ontario Municipal Board. TC/(H-1)(H-2)SPC PART 1, 40R-12591 BUILDING ENVELOPE BUILD-TO ZONE SCHEDULE I TO BY-LAW 5511/99 AS MADE BY ONTARIO MUNICIPAL BOARD ORDER DATE June 11, 1999 (O.M.B. FILE Z980159) ISSUE DATE: JUNE 11, 1999 DECISION/ORDER NO: 1140 RECEIVED JUN 1 5 1999 PL980628 CLERK'S DEHAH-i-I¥1~NT Ontario Ontario Municipal Board Commission des affaires municipales de I'Ontario Gentra Canada Incorporated, Loblaws Property Limited and Agora Food Merchants have appealed to the Ontario Municipal Board under subsection 17(36) of the Planning Act, R.$.O. 1990, c. P. 13, as amended, from a decision of the Regional Municipality of Durham to approve Deferral 4 of the adopted Pickering Official Plan, save and except for the portion dealing with residential uses in the Metro East Trade Centre node which shall remain deferred. O.M.B. File No. 0980137 Gentra Canada Incorporated has appealed to the Ontario Municipal Board under subsection 22 (7)of the Planning Act, R.S.O. 1990, c.P. 13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Regional Municipality of Durham to redesignate lands at 1899 Brock Road, known as the Metro East Trade Centre, to ensure the Regional Official Plan permits the full range of retail and commercial uses contemplated by the Regional Node 2 policies in the Town of Pickering Official Plan OMB File No. 0980232 Gentra Canada has appealed to the Ontario Municipal Board under subsection 34 (11) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-laws 1894/84 and 2919/88 of the Town of Pickering to rezone lands respecting 1899 Brock Road, known as the Metro East Trade Centre, from Trade Centre to Trade Centre-Special Purposes Commercial to permit the development of a wide range of retail and commercial uses, includir uses OMB File No. Z980159 COUNSEL: M. Noskiewicz for Genl Mr. R. Howe CI-~RK~ DEPARTMENT FILE NO.: ~ FORWA ~D COPY TO: MAYOR FIRE CO~JI~tL HUMAN RES. CAO INFO. SYSTEMS By- LAW LEGAL SERVICES CUL. & REC. LIBRARY CUST. CARE PLANNING DIR/PROJ, & POL SUPPLY & SERV, ECON. DEV. TRANSIT r'~l I~J~at~c( :~ Ir ~,-, S. Stein for A. Diamond Loblaws Properties Ltd. R. D. Cheeseman for Agora Food Merchants -2- J. Dawson for O.P.B. Realty (PickeringTown Centre) Inc., A. C. Allison for B. Ketcheson for Region of Durham Town of Pickering DECISION DELIVERED BY M. HUBBARD FROM A PRE-HEARING CONFERENCE HELD ON MAY 18. 1999 ORDER OF THE BOARD Counsel for the Town of Pickering advised the Board that a settlement with all parties had been reached. Counsel for Gentra Canada Investments Inc. (Gentra) told the Board that a settlement with OPB Realty (Pickering Town Centre) Inc. had been reached. The Minutes of Settlement clearly articulate the terms of settlement and appear as Attachment 1 of this decision. Ms. C. Rose, Manager, Policy Division of the Planning Department for the Town, testified that the Town was involved in all aspects of the settlement. The Metro East Trade Centre node (M.E.T.C.)is identified as significant to both the Region of Durham and the Town, because it is adjacent to 401 and Brock Road, a significant arterial road, and has good visibility and accessibility. The M.E.T.C. lands represent a large parcel of underutilised lands and are appropriate for redevelopment of the site. The M.E.T.C. lands, serve as a trade centre and speciality retailing and is cptnp, l~ ..nl~.,~.;to-~;~rt~town core. The retail impact study stated that there is no a~verse ~r~act~o31'~h'er~n~t?Wn core. ~, *'" It" w~S~;p~;~''t~/Boa~ through the evidence of the Town's Planner that the F%kenng*Offic~al~Pl~ ~O,P,)Pohc~es Section 3.7 conform with the Regional Official Plan and adds clarityand builds u'pon the Regional node policies. The policies were prepared in response to tile ~arket'study. The Board accepts that the size of the development in the aggregate and the minimum unit sizes substantially differentiates Gentra from the downtown core. The Board finds that the proposed By-law conforms with the P.O.P. and the Regional Official Plan and implements the purpose and intent of the plans and responds to the clauses addressed in the settlement supported by all parties. In the opinion of the Town Planner, the private Regional Official Plan of Gentra is redundant and unnecessary. The Board finds that the result of the settlement by all parties as put to the Board represents good planning. -3- PL980628 The Board orders: That portion of Deferral No. 4 of the Town of Pickering Official Plan approved by the Region of Durham by Notice of Decision dated June 17, 1998, is modified in accordance with Schedule "A" attached hereto, and is hereby approved as so modified (Exhibit 11) 2. The appeal by Gentra Canada Investments Inc., under subsection 34(11) of the Planning Act from the Town of Pickering Council's refusal or neglect to enact a proposed zoning by-law amendment is allowed, and By-law No. 3036 of the Town of Pickering is hereby amended in accordance with Schedule "B" attached hereto. (Exhibit 12). The appeal by Gentra Canada Investments Inc. under subsection 22(7) of the Planning Act from the Region of Durham Council's refusal or neglect to enact a proposed amendment to the Region of Durham Official Plan is hereby dismissed. The Board requests the Clerk for the Town of Pickering to number the By-Law and enter the date of issue of the Board Order in the policy revisions to the Pickering Official Plan with respect to Section 3.7 item (v) in accordance with the Settlement. The Board so orders. "M. Hubbard" M. HUBBARD MEMBER ATTACHMENT "1" O.M.B. Case No. PL980628 Gentra Canada Investments Inc., Loblaw Properties Limited and Agora Food Merchants have appealed to the Ontario Municipal... .. Board under subsection 17(36) of the Planning Act, R.S;O.' 1990, c.P. 13, as amended, from a decision of the Regional Municipality of Durham to approve Deferral 4 of the adopted Picketing Official Plan, save and except for the portion dealing with residential uses in the Metro East Trade Centre node which shall remain deferred. O.M.B. File No. 0980137 Gentra Canada Investments Inc. h:~_~ appealed to the Ontario Municipal Board under subsection 22(7) of the Planning,~ct 1990, c.P. 13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Regional Municipality of Durham tg_redesi?~te lands at 1899 Brock Road, known as the Metro East Trade Centre, to ensure that the Regional .~ '~.. Official Plan permits the full range of retail and commercial uses contemplated by the RegionaP'Node 2 poff~ci~in the Tov~n of Picketing Official Plan O.M.B. File No. 0980232 Gentra Canada Investments Inc. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning .4ct 1990, ,c.P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-laws 1894/84 and 2919/8/} of the Town of Pickering to rezone-the lands respecting 1899 Brock Road, known as the Metro East Trade Centre, ~om Trade. Centre to Trade Centre-Special Purpose Commergial to permil the development of a wide range of retail and commercial uses, including large format retail uses O.M.B. File No. Z98159 MINUTES OF SETTLEMENT dated this day of May, 1999. BETWEEN: GENTRA CANADA INVES~NTS INC. (hereinafter referred to as "Gentra") - and - OPB REALTY (PICKERING CENTRE) INC. (hereinafter referred to as "OPB") WHEREAS Gentra is the registered owner of lands located at the north-east comer of Brock Road and Picketing Parkway, City of Picketing, on which is located the Metro East Trade Centre (thc "Gentra Lands"); - -2- AND WHEREAS OPB is the registered owner of lands bounded by Kingston R;ad to the north, Liverpool Road to the west, Picketing Parkway to the south and Glennana Road to the east, City of Pickering, on which is located The Picketing Town Centre; AND WHEREAS the Gentra Lands are located within the boundaries of the Regional Node 2 designation in the Picketing Official Plan as adopted by the Town of Picketing (the "Town") on March 3, 1997; AND WHEREAS on September 24, 1997 the Regional Municipality of Durham (the "Region") approved the Town of Picketing Official Plan except for certain policies which were deferred, including certain policies applicable to the Regional Node 2 designation identified as Deferral 4 (the "Deferral 4 Policies"); .. AND WI:rF. REAS on June 17, 1998 the Regional Municipality of Durham issued a decision to modify and approve, as modified, the Defenal 4 Policies (the "Modified Deferral 4 Policies"); AND WI:~.REAS Loblaw Properties Limited, Agora Food Merchants (a~di~ision of Oshawa Group Limited) and Gentra appealed to the Ontario Municipal Board rife l~egion's ~"decision to fipprove the Modified Deferral 4 Policies; AND Wrr~REAS on July 21, 1998 Gentra filed an application to amend the Region's Official Plan (the "Regional OP") in respect of the policies applicable to the Gentra Lands (the ''Regional OP Application") which Gentra appealed to the OMB on November 13, 1998; AND WI:I~,RE~ on July 6, 1998, Gentra filed an application to amend the Town's Zoning By-law to in~lblement the policies of the Piekering Official Plan applicable to the Gentra Lands, as modified by the Modified Deferral 4 Policies, which Gentra appealed to the OMB on November 13, 1998; AND WITF, R. EAS the proposed zoning by-law that Gentra has been seeking approval of is attached hereto as Schedule "A" (the "Gentra By-law"); AND WI:rFREAS OPB has requested that certain modifications be made to the Modified Deferral 4 Policies, and has requested that certain provisions be incorporated into the Gentra By-law; AND WI:I~,REAS OPB has commenced a motion for leave to appeal from the decision of the OMB made at the March 22, 1999 Preheating Conference respecting OPB's request for party status before the OMB in the within matters (the "Leave Motion"); AND WI:I-F~REAS Gentra and OPB have, in good faith, attempted to resolve their differences; AND W~.REAS Gentra has agreed to request the OMB to further modify the Modified Deferral 4 Policies as provided for hereunder and to incorporate the provisions into the Gentra By-law as provided for hereunder; NOW, THEREFORE, WITNESSETH THAT OPB and Gentra hereby agree to the following terms and conditions in furtherance of their settlement in respect of the matters referenced above; -3- OPB and Gentra hereto confirm that the foregoing recitals are true and correct. Gentra shall seek approval fi:om the OMB of the Modified Deferral 4 Policies as further modified in accordance with Schedule "B". Gentra shall seek approval fi:om the OMB of the Gentra By-law in a form which incorporates the provisions contained in Schedule "C". OPB acknowledges that there are differences between the Gentra By-law and the draft zoning by-law recommended by Recommendation Report No. 5-99 fi:om Neff Carroll, Director of Planning, to Pickering Council dated April 20, 1999, as amended by the Memorandum from N~il Carroll, Director of Planning to Bruce Taylor, Town Clerk dated May 7, 1999, and that Gentra is currently trying to resolve such di~erences with the Town. OPB agrees to'take no position on the resolution of such differences, provided the resolution does not result in broader retail pemaissions than exist ha the Gentra By-law, and is not otherwise inconsistent with this Agreement. Gentra shall request the OMB to. dismiss its Regional OP Application and its appeal thereof unless: ---~ (i) some party or participant attempts at the hearing to introduce conformity to the Regional OP as an issue, in opposition to approval of the Modi~ed Deferral 4 Policies and/or the Gentra By-law as modified herein; or (ii) the OMB determines that the Modified Deferral 4 Policies and/or the Gentra By-law as modified herein would not conform to the Regional OP, in which case ~entra shall request the OMB to approve only such amendment to the Regional OP as, is necessary to satisfy the OMB with respect to conformity oftha Modified Defefi-al 4 Policies and/or the Gentra By-law',~ith the Regional OP while otherwise preserving the cun'ent policies of the Regional OP to the greatest extent possible. For~reater certainty, Gentra shall not request the OMB to make any amendment to the Regional OP beyond the minimum required so that the Modified Deferral 4 Policies and the Gentra By-law, as modified herein, conform with the policies of the Regional OP. OPB agrees that Gentra may request the OMB to make other modifications to the Modified Deferral 4 Policies and the Gentra By-law which are not inconsistent with this Agreement. Provided that Gentra is in compliance with the provisions of this agreement, OPB agrees that it will: (0 (ii) advise the Town, the Region and the OMB (in writing, if requested by Gentra) that it supports approval of the Modified Defewal 4 Policies and the Gentra By-law as modified herein; and withdraw its Leave Motion. OPB further agrees that it will not further object to any of the Modified Deferral 4 Policies, the Regional OP Application or the Gentra By-law or any modifications to such documents provided that they conform to the requirements of this agreement. Each of the parties hereto agrees not to request a cost award before the OMB or any Court against the other party. This agreement shall be binding upon and enure to the benefit of the parties hereto, their respective heirs, administrators,' successors and permitted assigns. Either Gentra or OPB may, without the consent of the other, assign its fights and obligations under this Agreement to a successor in title to the Gentra Lands or the OPB Lands, respectively. This agreement may be executed in several parts of the same form and such parts as so executed shall together form one original of the Agreement and such parts may be read together and construed as if all the signing parties hereto had executed one'Copy of this agreement. GENTRA INVESTMENTS INC. Title , ~/svP., .;-Per: ,_(~. ~q~au~W~e,e~ , Title '1~v ~e~ V/oe Pm~/d~ I/We have-the authority to bind the Corporation. OPB REALTY (PICKERING CENTRE) INC. Per: --- Title Per: Title I/We have the authority to bind the Corporation. G26~-IOWER~4259109.3 SCHEDULE "A" THE CORPORATION OF THE TOWN OF PICKERING BY. LAW ~~ ~ ~ ~ ~ ~ ~ of ~ To~ of ~g ~ NOW ~~ ~ ~~ OF ~ ~O~ON OF ~ o APdA 1FF. q'I~CTEg-- -- (11) "Oro~sLe~.Mel~loorArea~_~e~.? me~athca~zt~ateo~the~0~rm-caso~ ~ starcom abovc Or bclo~'emblls~ sn~ ~ for o~ = _*,-,.,~ (12) "~ ~ Dt~ ~ent Store" shall n~sn aDiscotmt D~ Stm~ with a ~;~,~,~, floor sma of 9,000 SlUSm nztms: (13) ~=sr~e l~ormst F, ood Store" shall n~ean a Food Store with a mt-~ floor area of 5,000 squa~ mctr~; (14) ~:tGl~l~ shall mcan a self-f, crve clothe~ washJn8 cstzblhhn~nt (lb') '~[rlor De~mrtrn~t Store_n_ _ _sl~sll mea~ a stm~ such as but not limited to Eatm~ S~.ars and The Bay, w~ a mJnhn~ ~ area o~ ~,$25 sqt~:__ _ drug itnm and toys, and may arm i~ a xus'tann~ and sn~ ~.vice ts L,~t'?m~ ~dwhtch m~Jnctud~ ~t,a~ _s~, a1~_ ~ . (iS) ~ rJ~t m~n an ~ t~,-,.....~ Or socht cl~ not ol~.aad for 8'ein or ptofi~ -,,d bevins pdva~ mmV'ship; (20) "Reststwnn*.'l~_ A" shall mein & _building Or part of a b~ ~dm~ food is proparcd and offered Or kipt f~r rctitl rddo to tho ~ the publi~, and shall ~ot include a food sto~. a' .. r,o~ or s ~.'or d~sn~nt ~ (2) No ~ R~l within Is~th dc.~ns~ "fCJSPC-.._' on Sch~nl~ I As ~us~ted on 8ched~¢ 1I ._~_~_ ~ her~ (iv) OUIDOOR STORAO2: 4 (v) LANDSCAPED OPI~ SPA(~: · As tllusu, e~ on Schedulc 1I aUec~ herem. (~ pAI~O P. Bq~: (,vi,,.') ve~ of a vchl~ b~ shall not Umna~ any pomon m a · B. pe~lb~pn,v~_e~emioofl0.0pef,~__~-csf_c~ SUP~AI~Y. PAP, EINO ~UI~TIONS A. Sectio~ ~.2_1~) and 5~12b) ofBy-hw ~0~5, as tin, hied, r~ll not q~y. 0) · x . xu om: C. Notwithstanding Se~tion 4.2.4 of Sy.:.hw..3/L_)3,_ 6, as_ .an~md~. this By-hw. $ not .~.~ically de~ wi~h L~ ~ By-law shIl b~ gomu~d by th~ r~lsvmt lnovi~lons of By.law 3036. as nmend~l; (2) By-law 1894184 which nmeadeA By-law 3036 h hc~.,by r~vokt, d insofar _E~'ltECTt'v~ nA'l~ DAY OF , L~9. DAY OF ,1~9~. '.. ! SCHEDULE '1" ,TO BY-LAW PASSED THIS-..._--..._.. DAY OF 19,9.~t, i - ! ! ! ! ! ! i ! ! I i I i I AREA REFERRED TO IN SECTION SCHEDULE '11' TO BY-LAW, _~ .. PASSED THIS - . - DAY OF ,. ... 1998. i ~ pICI~:RING PARKWAY Yard Requirements , SCHEDULE ~B" ~OPOSED RRVISIONS.'TO THE OFFICIAL PLAN : T.'O. WN POLICY 3.? To~ Co,,~l, (d) for the purposes format d~otmt ~t ~rc not ~ ~ ~ r~~ v~ . ~~S~ SCI:[F~DULE "C" Zoning By-law Provisions The following provisions shall be incorporated into the Genira By-law: 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 on the Gentra Lands; provided that, for greater certainty, this provision shall not apply to the trade centre use. A major department store as defined by Statistics C~n,a~ such as but not limited to Eaton's, Sears and The Bay shall not be permitted, but a discount department store as defined by Statistics Csm~tl~. such as but not limited to Zellers and Wal-Mart shall be permitted. The ml-lruum unit.size for ret~l stores of any type shall be 500 m2 of gross leaseable floor area, except that up to an aggregate of 1,400 m2 of gross leaseable floor area on the Gentra Lands may be devoted to retail stores with individual unit sizes of less than 500 m2 of gross leaseable floor area, but not less than 300 m~ of gross leaseable floor area. G26'~HOWERM259109.3 TOWN POLICY Regional Nodes PROPOSED REVISIONS TO THE PICKERING OFFICIAL PLAN Revise section 3.7 such that it reads: Schedule "A" 3.7 Town Council, within Regional Node 2, (i) p~ri,o~r tO .ZO .ni~.g for $i.' .g~cajl, t r.et~l.~ floor space, .snan.,r.equnre the suomimon ox a retail impact study I~.g., to.. ~e Town*s satisfaction, i~ c~..n~.u, ltatton w.it~ the Region of Durham, that the .a~mta, on of.such fl.oor space will not adversely affect ~t~te plann..en .m.n.ctton of the_Down, town Core, the .~-x~mm. umty .~.o(1 _es, and nearby Main Central Areas · tn omer mumc~palities in the Region; (ii) for .l~.ds north of Picketing Par~vay, shah establish a mtmm. um gross lea.~.ble floor area of 500 square metres .lo.r any pertmtted indi_'vidual retail unit, except mat upto an aggregate of 1,400 square metres of gr.oss lea~..~.l.e .fl. oo_r area __may be devoted for any pernutted mdivsdual retail unit of less tha~ tOO square metres of gross leasable floor area, but not ess than ~OO square metres of gross leasable floor (iii)for lan.ds north of Picketing Parkway, shah establish a maxtmum aggregate gross leasable floor area of M,0OO square metres for aH special purpose ... c.o .mm. ercial uses permitted by Table ~; ~v)sna]! not pe .r~i.'t an enclosed shopping centre or (v) shah not petrol_ 't occupancy of any ~ of food store with a gro. ss leasable floor area greater than 700 square ~f 'd' ' m. etres pnor to f£our vea~ m~wr ~oard ~rder]; and ~ ) xor the purposes of Table 7, ~hah define "large format discount stores~ to include a discount d.epartment store as defined by Statistics Canada, such as I~ut not limited to ZeHers and Wal-Mart, engaged in general mer.chandis, ing of a wide range o-f commodities and servtces which may include ])ut is not limited to apparel, hardware and household goods, garden supplies, automotive supplies, leisure, pet and-drug items and toys, but shah not include a major department store as defined by Statistics Canada, such as but not limited to Eaton's, Sears, and The Bay. Revise Table 7 such that it reads as follows: Comnumity, culmral and rec~ational asea; Limited off~ and limited retailing of goo~ and wrvice$ including rest~urantt; Red,lentil umm. Trade centres and hotels; Special Purpose Commercial uses such as: large format retailers Cmduding large format food stores and large format discount stores); retail warehouses; membership dubs; theme and/or specialty retailers; automotive uses; and, ancillary retailing of other goods and services including restaurants; Limited offices; Community, cultural and recreatiohal uses; Limited residential development at higher densities as an integral ... part of an overall development scheme. D~De/erral 3: Petmis6ble lind uses .for Regional Node ! deferred pending further consideration and THE CORPORATION OF THE TOWN OF PICKERINO I ~Y-LAW NUMBER Schedule "B" Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham in Part of Lot lg, Concession 1, in the Town of Picketing. (A16/95) WHEREAS an amendment to By-law 3036, as amended, to permit, in addition to a trade centre, the development of large format retailing, including a food store, discount department store, and ancillary retailing of goods and services, is deemed necessary by the Ontario Municipal Board pursuant to section 34(1 i) of the Planning Act; NOW THEREFORE THE ONTARIO MUNICIPAL BOARD BY ORDER AMENDS BY-LAW 3036, AS AMENDED, AS FOLLOWS: ': Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to these lands in Part of Lot 18, Concession 1, in the Town of Picketing, designated "TC/SPC" on Schedule I attached hereto. 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. In this By-law, (i) "Assembly Hal? shall mean a 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 hail; (2) ~ shall mean an establishment engaged in repairing or painting vehicle bodies; (3) ~ 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 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; (4) "Commercial Club" shall mean an athletic, recreational or social club operated for gain or profit and having public or private membership; (5) "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; (6) (7) (8) (9) "Convenience $Ior¢" 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 neighbourhood; "Discount Department Store" shall mean a discount department store as defined by Statistics Canada, such as but not limited to Zcllcrs and Wal-Mart, engaged in general merchandising of a wide range o£ 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; "Drue St0rg" 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 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; "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; (10) ~ shall mean part of a building where such items as letters, plans, pictures and documents are reproduced by photostatting, blueprinting or other similar methods; " (11) "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; (12) "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; (13) "Food Store" shall mean a building or part cfa 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; (14) (15) (16) (17) "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 Stedmans, 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; "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 me~TAnines; "Major DeDartgnem Store" shall mean a major department store as defined by Statistics Canada, 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 not limited to apparel, hardware and household goods, garden supplies, automotive supplies, leisure, pet and drug items and toys; "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; ' (18) (19) (20) (21) (22) (23) (24) "Place of Amusemenl~ 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-t!me, or any successor thereto; "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; "Restaurant - Type F" 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; "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; '.'Trade Centre" shall mean a building or part of a building in which facilities are provided for the temporary exhibition and temporary associated sales of goods, wares, merchandise, articles, produce or things; "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 ofvehicle fuels; ~ "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 offthe premises only. 4 PROVISIONS (i) Uses Permitted ("TC/SPC" Zone) No Person shall, within the lands designated "TC/SPC" 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) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) assembly hall; business office; commercial club; commercial-recreational establishment; financial institution; discount department store; food store; place of amusement or entertainment; professional office; restaurant - type F; retail store; trade centre; drug store, as an accessory use to permitted uses (vi) and (vii); dry cleaning depot, as an accessory use to permitted uses (vi) and (vii); duplicating shop, as an accessory use to permitted uses (ii), (vi), (vii), (ix), and (xi); personal service shop, as an accessory use to permitted uses (ii), (vi), (vii), (ix), and (xi); vehicle repair shop, as an accessory use to permitted use (vi). (2) Zone Reouirements ("TC/SPC" Zone) No person shall within lands designated "TC/SPC" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (i) BUILDING HEIGHT: A For the purpose of this clause, "building height" shall mean the vertical distance between the established grade and the highest point of the roof surface or parapet. A penthouse tower, cupola, steeple or other roof structure which is used only as an ornament or to house mechanical equipment of any building shall be disregarded in calculating building height; No building, pan of a building, or structure that is greater than 15 metres in height shall be erected on the lands; (ii) C Notwithstanding clause B above, any building erected within 150 metres of the Brock Road right-of-way shall be a minimum of 7 metres and a maximum of 23 metres in height; BUILDING LOCATIONS: : A No building, part of a building, or structure shall be erected outside of the building envelope illustrated on Schedule I attached hereto; B No building shall be erected within 150 metres of the Brock Road right-of-way unless a minimum 75% of the length of the building's west-side wall is within the build-to-zone illustrated on Schedule I attached hereto; C D Notwithstanding clause B above, a building may be erected within 150 metres of the Brock Road fight-of-way, and outside of the build-to-zone illustrated on Schedule I attached hereto, if a minimum 40% of the length of the I~uild-to-zone contains a building(s) and/or part of a building(s); Clause 5.22(7) of By-law 3036, as amended, shall not apply to lands designated "TC/SPC" on Schedule I attached hereto; (iii) FLOOR AREA LIMITATIONS FOR CERTAIN USES: A Maximum aggregate floor area for all uses shall be 40,000 square metres; B C Maximum aggregate floor area for all uses, excluding trade centre, shall be 31,000 square metres; Maximum aggregate floor area for all business and professional offices shall be 6,000 square metres; D 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 m~tres, in which case the maximum aggregate floor area for all restaurants - type F shall be 3,000 square metres; E Minimum floor area for a trade centre shall be 9,000 square metres; Minimum floor area for a discount department store shall be 9,000 square metres; G Minimum floor area for a food store shall be 6,000 square metres; H Minimum unit size for a retail store shall be 1,400 square metres; Notwithstanding clause H above, a maximum aggregate floor area of 9,300 square metres shall be permitted: (l) for retail stores less than 1,400 square metres, but larger than or equal to 300 square metres; (2) of which, a maximum aggregate floor area of 1,400 square metres shall be permitted for retail stores less than 500 square metres, but larger than or equal to 300 square metres; (iv) OUTDOOR STORAGE AND DISPLAY: A B All permanent uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display; Notwithstanding clause A above, an outdoor sales and display area may be established and maintained in conjunction with and as accessory to any food store, any discount department store, and any retail store having a floor area 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 sales and display areas are permanently screened from all public roads by buildings, structures, walls, fences, landscaping, or ~,y combination thereof; (v) C Notwithstanding clause A above, a maximum of one outdoor storage area may be established and maintained on lands designated "TC/SPC" 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 of home improvement items, provided that the outdoor storage area does not exceed 3,000 square metres in size, is completely and permanently screened by buildings, structures, walls, fences, landscaping, or any combination thereof, and provided further that the area devoted to outdoor storage shall not be included in the calculation of floor area or gross leasable floor area; PARKING REQUIREMENTS: A B For the purpose of this clause "parking space" shall mean a usable and accessible area of not less than 2.6 metres in width and not less than 5.3 metres in length, for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; Parking shall be provided at a ratio of 10.0 parking spaces for each 100 square metres or part thereof of gross leasable floor area of the trade centre; C D For all other uses, there shall be provided and maintained on the lot a minimum of 5.0 parking spaces for each 100.0 square metres or pan thereof of gross leasable floor area; Notwithstanding sections $.21.2g) and 5.21.2k) of By-law 3036, as amended, all entrances and exiLs to parking arias and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; E All parking areas shall be set back a minimum of 3.0 metres from any road allowance; All two-way parking aisles shall have a ~minimum perpendicular width of 6.5 metres, which shall not in'clude any portion of a parking space; Sections 5.21.2a) and 5.21.2b) of By-law 3036, as amended, shall not apply; (vi) SPECIAL REGULATIONS: A No building, pan of a building, or structure shall be erected or altered unless a trade centre exists on lands designated "TC/SPC' on Schedule I attached hereto; B Clause 5(2)(ii)B shall not apply to minor additions or minor external alterations to any building existing on or before January'l, 1999, on the lands designated "TC/SPC" on Schedule 1 attached hereto; D Ail trade centre activities, except vehicle parking, shall take place within an enclosed structure; A maximum of one food store with a floor area greater than 700 square metres shall be permitted on lands designated "TC/SPC" on Schedule I attached hereto; (3) E Notwithstanding clause 4.2.4 of By-law 3036, as amended, in the event that a portion of the existing Picketing Parkway is closed to facilitate the realignment of Picketing Parkway, tile southern boundary of'the "TC/SPC" zone designated on Schedule 1 attached hereto, shall coincide with the centreline of n realigned Picketing Parkway, and the building envelope is deemed to be 3.0 metres from the road allowance; Notwithstanding any other provision contained herein, within lands designated "TC/SPC" on Schedule I attached hereto, occupancy of any food store with a floor area greater than 700 square metres, shall not be permitted prior to [four years followine Board order]; G Notwithstanding any other provision contained herein, a major department store shall not be permiued within lands designated "TC/SPC' on Schedule I attached hereto; H 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, with the exception of the trade centre use; The permitted uses listed as 5(I)(xiii), 5(l)(xiv), 5(l)(xv), and 5(l)(xvi), shall be wholly contained within, and accessory to, their principal permitted uses identified in clause 5(1), with no direct external access; Notwithstanding clause 5(2)(iii)G, a food store with a floor area greater than 300 square metres and less ihan 700 square metres, shall be permitted; K The floor area of a restaurant which is wholly contained within, accessory to, and accessed only through, a discount department store, a food store, or a retail store, shall not contribute to the maximum aggregate floor area for restaurants type - F, but shall contribute to the gross floor area of the discount department store, food store, or retail store; Holdine Provisions C(H)" Symbols) (i) USES PERMITTED: A B While the "(H-I)" holding symbol is in place, no person shall within the lands designated "TC/SPC" on Schedule I attached hereto, erect, alter or use any building or structure, except for a trade centre subject to the provisions of By-law 1894184, an amendment to By-law 3036, as amended(! While the "(H-2)" holding symbol is in place, outdoor storage shall not be permitted within the lands designated "TC/SPC' on Schedule I attached hereto, notwithstanding clause 5(2)(iv)C of this By-law; (ii) REMOVAL OF "(H)" HOLDING SYMBOLS: A Prior to an amendment to remove the "(H-I)" - Holding Symbol preceding the zone category "TC/SPC", the following conditions shall be met: (l) An appropriate development agreement shall be entered into between the owner of the lands to which the "(H-I)" - Holding Symbol applies and the Region of Durham, and shall be registered on title to the lands, to address such matters as: road widenings; construction phasing; and, Regional services; (2) An appropriate development agreement shall be entered into between the owner of the lands to which the "(H-I)" - Holding Symbol applies and the Town of Pickering, and shall be registered on title to the lands, to address such matters as: conceptual site plan approval; road widenings; construction phasing; and, the realignment of Pickering Parkway; B Prior to an amendment to remove the "(H-2)" - Holding Symbol preceding the zone category "TC/SPC", the following conditions shall be met: (!) Appropriate site plan/development agreement(s) shall be entered into between the owner of the lands to which the "(H-2)" - Holding Symbol applies and the Town of Pickering, and shall be registered on title to the lands, to address the appropriate location of an outdoor storage area associated with a retail store devoted primarily to the sale of home improvement items, and also address screening of the outdoor storage area, operational characteristics including noise, dust and lighting control, and other related matters; (iii) REPEAL BY-LAW 1894/84: Upon adoption of an amendment to remove the "(H-l)" - Holding Symbol preceding the zone category "TC/SPC", By-law 1894/84 which amended By-law 3036, shall be revoked insofar as it applies to the lands shown on Schedule I attached hereto. ~ ' BY-LAW 3036 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 the relevant provisions of By-law 3036, as amended; EFFECTIVE DATE This By-law shall take effect'from the date of the Order of the Ontario. Municipal Board. TC/(H-1)(H-2)SPC PART 1, 40R-12591 ~'--'~ BUILDING ENVELOPE BUILD-TO ZONE SCHEDULE I TO BY-LAW AS MADE BY ONTARIO MUNICIPAL BOARD ORDER DATE (O.M.B. FILE Z980159) I I /