HomeMy WebLinkAboutBy-law 5949/02PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
January 28, 2002
To:
Bruce Taylor
City Clerk
From:
Tyler Barnett
Planner II
Subject:
Zoning By-Law Amendment Application A 33/00
802226 Ontario Limited
Part of Lot 18, Concession 1
Parts 6-8, 12, 13, Plan 40R-10635
(1048 Toy Avenue)
City of Pickering
City Council, on January 21, 2002, approved the above-noted application to add a vehicle
service and repair shop to the permitted uses on the subject lands. There are no conditions of
approval and a draft amending by-law has been prepared. 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 February 4, 2002.
A Statutory Public Meeting was held for this application on March 22, 2001.
The purpose and effect of this by-law is to add a vehicle service and repair shop to the
permitted uses on the subject lands.
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.
Director, P~evel~pment
TB/jf
Attachment
II
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 5949/02
Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to
implement the Official Plan of the City of Pickering District Planning Area,
Region of Durham in Part of Lot 18, Concession 1 (Parts 6 to 8, 12 & 13, 40R-
10635), City of Pickering.
(A 33/00)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to add a
vehicle service and repair shop to the permitted uses on the subject lands, being Part of Lot 18,
Concession 1 (Parts 6 to 8, 12 & 13, 40R-10635), City of Pickering;
AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS 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 those lands in Part of Lot 18, Concession 1
(Parts 6 to 8, 12 & 13, 40R-10635), City of Pickering, designated "MC-16" 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 thc provisions of this By-law.
4. DEFINITIONS
(1)
(2)
(3)
In thisBy-law
"Business Office" shall mean any building or part of a building in which one or more
persons are employed in the management, direction or conducting of an agency, business,
brokerage, labour or fraternal organization and shall include a telegraph office,
newspaper plant and a radio or television broadcasting station and its studios or theatres,
but shall not include a retail store;
"Dry Cleaning Establishment" shall mean a building or part of a building where articles,
goods or fabric are subjected to dry cleaning and related processes, are received or
distributed, or where a dry cleaning plant is operated, or both, and which may include the
laundering, pressing or incidental tailoring or repair of articles, goods or fabric;
"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;
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
"Floor Area" shall mean the aggregate of the floor areas of all storeys above or below
grade, but shall exclude the floor area of any parts of the building used for mechanical
equipment, stairwells, elevators, and any part of the building below established grade
other than that used for retail commercial or office purposes;
"Food Preparation Plant" shall mean a building or part of a building in which processed
food products are cooked, baked, mixed, packaged or otherwise prepared for distribution
to retail or institutional outlets;
"Gross Leasable Floor Area" shall mean the aggregate of all storeys above or below
established grade, designed for owner or tenant occupancy or exclusive use only, but
excluding storage areas below established grade;
"Light Manufacturing Plant" shall mean a manufacturing plant used for: the production
of apparel and finished textile products other than the production of synthetic fibers;
printing or duplicating; the manufacture of finished paper other than the processing of
wood pulp; the production of cosmetics, drugs and other pharmaceutical supplies; or, the
manufacture of finished lumber products, light metal products, electronic products,
plasticware, porcelain, earthenware, glassware or similar articles, including but not
necessarily restricted to, furniture, housewares, toys, musical instruments, jewellery,
watches, precision instruments, radios and electronic components;
(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;
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 from the front lot line;
"Manufacturing Plant" shall mean a building or part of a building in which is carded on
any activity or operation pertaining to the making of any article, and which shall include
altering, assembling, repairing, ornamenting, finishing, cleaning, polishing, washing,
packing, adapting for sale, breaking up or demolishing the said article;
"Merchandise Service Shop" shall mean an establishment where articles or goods
including, but not necessarily limited to, business machines, appliances, furniture or
similar items are repaired or serviced, and includes the regular place of business of a
master electrician or master plumber, but shall not include a manufacturing plant or any
establishment used for the service or repair of vehicles or a retail store;
"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-mb parlour as defined by the Municipal Act,
R.S.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto;
"Sales Outlet" shall mean a building or part of a building accessory to a food preparation
plant, light manufacturing plant, merchandise service shop, or a warehouse, wherein
products manufactured, produced, processed, stored, serviced or repaired on the premises
are kept or displayed for rent or for wholesale or retail sale, or wherein orders are taken for
future delivery of such products;
"Scientific, Medical or Research Laboratory" shall mean a building or part of a building
wherein scientific, research or medical experiments or investigations are systematically
conducted, or where drugs, chemicals, glassware or other substances or articles pertinent
to such experiments or investigations may be manufactured or otherwise prepared for use
on the premises;
(14)
(15)
(16)
"Vehicle Service and Repair Shop" shall mean an establishment containing facilities for
the service and repair of vehicles on the premises, in which vehicle accessories are sold
and vehicle maintenance and repair operations are performed, but shall not include any
establishment engaged in the retail sale of motor vehicle fuels;
"Warehouse" shall mean a building or part of a building which is used primarily for the
housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares,
merchandise, food-stuffs, substances, articles or things, and includes the premises of a
warehouseman but shall not include a fuel storage tank except as an accessory use;
(a) l
"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 ("MC-16" Zones)
No person shall within the lands designated "MC-16" on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure for any purpose
except the following:
(a) business office;
o
(b)
(c)
(d)
(e)
(t)
(g)
(h)
(i)
(J)
dry cleaning establishment;
food preparation plant;
light manufacturing plant;
merchandise service shop;
professional office;
sales outlet;
scientific, medical or research laboratory;
vehicle service and repair shop;
warehouse;
(2) Zone Requirements ("MC- 16" Zone)
No person shall within the lands designated "MC-16" 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):
0.4 hectares
(b) LOT FRONTAGE (minimum):
45 metres
(c) FRONT YARD DEPTH (minimum):
12 metres
(c)
INTERIOR SIDE YARD WIDTH
(minimum):
4.5 metres
(d)
FLANKAGE SIDE YARD WIDTH
(minimum):
12 metres
(d) REAR YARD DEPTH (minimum):
7.5 metres
(e) LOT COVERAGE (maximum):
45 percent
(f) BUILDING HEIGHT (maximum):
12 metres
(g) OUTDOOR STORAGE:
Outdoor storage shall be permitted in any yard except the front yard so
long as the area use for outdoor storage purposes does not exceed 30
percent of the area of the lot.
(h) PARKING REQUIREMENTS:
Section 5.21.2 (b) of By-law 2511 as amended shall not apply to the lands
designated "MC-16" on Schedule I attached hereto.
(i) SPECIAL REGULATIONS:
A
A sales outlet shall be permitted only if accessory to a food
preparation plant, a light manufacturing plant, a merchandise
service shop, or a warehouse, provided the gross leasable area of
the sales outlet does not exceed 20% of the gross leasable floor
area of the food preparation plant, light manufacturing plant,
merchandise service shop, or warehouse;
B
A vehicle service and repair shop shall be permitted only in the
area hatched on Schedule I attached to this By-law.
BY-LAW 2511
(1)
By-law 2234/86, as it applies to the area set out in Schedule I attached to this
By-law, is hereby repealed.
(2)
By-law 2511, 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 2511, as
amended.
7. 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 4 day
of Feb. ,2002.
Wayne Arthurs, Mayor -"~ "' .z. - '-
B~ce T~ylor, Clerk ~
0~$5
MC-16
N
SCHEDULE I TO BY-LAW 5949/02
PASSED THIS 4
DAY OF February 2002
MAYOR
CLERK ~''
CIRCLE
PARKWAY
o
Q
0
PLUMME~
PROPERTY
BAYI.Y
o
r~ --
Q
T
City of Pickering
CI.E'M E. NT~ ROAD C
Planning & Development Department
IDATE SEPT 29. 2002