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Home My WebLink AboutBy-law 5831/01PLANNING & DEVELOPMENT DEPARTMENT April26,2001 To: From: Subject: MEMORANDUM B. J. Taylor City Clerk Tyler Barnett Planner 1 Draft Amending By-law for Zoning By-law Amendment Application A 19/00 Estate of Morley Black (Petro-Canada) Part of Lot 23, Concession 1 (Part 2, Plan 40R4643) City of Pickering On February 5, 2001, Council approved Zoning By-law Amendment Application A 19/00 to amend the existing zoning to include a retail store associated with a gas station facility. The application was approved with two conditions that were to be satisfied prior to forwarding an implementing by-law to City Council. The first condition required the applicant to obtain conceptual site plan approval, which has been completed. The second condition requires the applicant to enter into appropriate agreement(s) with the City of Pickering to address off-site works. Staff are confident that off-site works will be appropriately addressed through the associated site plan application. Therefore a draft amending by-law has been prepared for Council's consideration. The draft by-law has been circulated to and approved by the applicant, and is attached for the consideration of City Council at their meeting scheduled for May 7, 2001. A Statutory Public Meeting was held for this application on August 10, 2000. The purpose and effect of this by-law is to amend the existing zoning to include a retail store associated with a gas station facility. If you require further assistance or clarification, please do not hesitate to contact the undersigned. I concur that this by-law be considered at this time. I~irect~r~~ & Development JTB/jf Jtb~tro\bylavamm doc Enclosure THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5831/01 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Part of Lot 23, Concession 1 (Part 2, Plan 40R-4643), City of Pickering. (Al9/00) WHEREAS the Council of the Corporation of the City of Picketing deems it desirable to permit the establishment of a gas station and car wash facility and accessory retail convenience uses on the subject lands, being Part of Lot 23, Concession 1 (Part 2, Plan 40R-4643), City of Picketing; AND WHEREAS an amendment 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: SCHEDULE I Schedule I attached hereto with declared to be part of this By-law. notations and references shown thereon is hereby AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 23, Concession 1 (Part 2, Plan 40R-4643), City of Picketing, designated "CA(E)" on Schedule I attached hereto. o GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. (1) (2) (3) DEFINITIONS In this By-law, "Automobile Service Station - Type "E" shall mean an establishment where vehicle fuels, lubricants, and automobile-related accessories are offered for retail sale, and which also may include one mechanical car wash and limited convenience retail sales, but shall not include facilities for the repair and maintenance of vehicles, or facilities for the repairing or painting of vehicle bodies; "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all the storeys of a building or structure, or part thereof as the case may be, other than rooms or space jointly used by tenants of the building, such as garbage storage areas, mechanical and electrical rooms, lobbies, stairwells, elevators and service corridors; (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; 2 (4) (5) Co) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant fi:om the front lot line; "Mechanical Car Wash" shall mean an establishment where facilities are provided for the washing and cleaning of vehicles using production line methods employing mechanical devices wholly enclosed within a building; "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; and (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. o PROVISIONS (1) Uses Permitted ("CA(E)" Zones) No person shall within the lands designated "CA(E)" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) automobile service station - type "E"; 3 o (2) Zone Requirements ("CA(E)" Zone) No person shall within the lands designated "CA(E)" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) LOT AREA (minimum): 0.3 hectares (b) LOT FRONTAGE (minimum): 45 metres (c) BUILDING LOCATION AND SETBACKS: A Buildings and structures shall comply with the minimum setbacks illustrated on Schedule I attached hereto; (d) STRUCTURE HEIGHT (maximum): 7 metres (e) BUILDING HEIGHT (maximum): 7 metres (f) PARKING REQUIREMENTS: A There shall be a minimum of 10 parking spaces provided and maintained on the lands zoned "CA(E)" on Schedule I attached to this By-law; B Sections 5.21.2 (a) and 5.21.2 (b) of By-law 3036 as amended shall not apply to the lands designated "CA(E)" on Schedule I attached hereto; and C Despite 5.21.2 (g) and (k) of By-law 3036, as amended, all entrances and exists to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. (g) SPECIAL REGULATIONS: A The aggregate of the gross leasable floor area of an automobile service station - type "E" shall not exceed 360 square metres; B All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display; C Despite subsection 5.(2)(g)(B) of this By-law, maximum display area of 10 square metres may be used for the limited outdoor storage and display of convenience items accessory to an automobile service station - type "E"; and D Despite subsection 5.18(a) of By-law 3036, accessory structures may be erected in any yard. 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 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, if required. BY-LAW read a first, second, and third time and finally passed this 7th day of May ,2001. Wayne Arthurs, Mayor Brfi~ce T,~lor, Clerk CA(E),° F- -- -] BUILDING ENVELOPE N SCHEDULE I TO BY-LAW 5831/01 PASSED THIS. 7th DAY OF May 2001 MAYOR CLERK FINCH GLOUCESTER City of Pickering AVENUE WAYFARER LANE ANTON SQUARE FINCH EVERTON STREET AVENUE LANE ROSEFIELD ROAD ROAD BRANDS GLENANNA PORTION OF LANDS SUBJECT OF APPUCATION A 19/00 2, 40R..4643) BAYLY STREET POPRAD AVENUE TATRA DRIVE Planning & Development Department IDATE APR 27, 2001