HomeMy WebLinkAboutBy-law 5971/02April5,2002
To:
From:
Subject:
PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
Brace Taylor
City Clerk
Tyler Barnett
Planner II
Zoning By-Law Amendment Application A 23/98
1089375 Ontario Limited
South Part of Lot 18, Concession 1
(North-west comer of Toy Avenue and Bayly Street)
City of Pickering
City Council, on February 5, 2001, approved the above-noted application to amend the
zoning on the subject lands to permit the establishment of a manual car wash facility
and\or an automatic car wash facility and maintain those uses currently permitted by the
zoning by-law. The conditions of approval have been satisfied 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 April 15, 2002.
A Statutory Public Meeting was held for this application on February 18, 1999.
The purpose and effect of this by-law is to amend the zoning on the subject lands to
permit the establishment of a manual car wash facility and\or an automatic car wash
facility and maintain those uses currently permitted by the zoning by-law.
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.
Efi~e~ng & I~evelopment
TB/
Attachment
T'oarnett~olco~bylawmem. doc
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NUMBER ~5971/02
Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to
implement the Official Plan of the City of Picketing District Planning Area,
Region of Durham in Part of Lot 18, Concession 1, City of Picketing.
(A 23/98)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to add a
manual car wash and / or automatic car wash facilities to the permitted uses on the subject lands,
being Part of Lot 18, Concession 1, City of Picketing;
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:
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 18, Concession 1
in the City of Pickering, designated "CA(F)-1", on Schedule I attached hereto.
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.
DEFINITIONS
In this By-law,
(1)
"Automobile Service Station - Type F" shall mean an establishment where
vehicle fuels, lubricants, and automobile-related accessories are offered for retail
sale, and which also may include one mechanical and\or one manual 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;
(2)
"Build-to-Zone" shall mean an area of land within which all or part of a building
or buildings are to be located;
(3)
"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 storage areas below established grade;
(4)
(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;
(b) "Lot Area" shall mean the total horizontal area within the lot lines of a lot;
(c) "LOt Frontage" shall mean the width of a lot between the side lot lines
measured along a parallel to and 7.5 metres distant from the front lot line;
-2-
(5)
(6)
(7)
(8)
"Manual Car Wash" shall mean an establishment where self service facilities are
provided for the washing and cleaning of vehicles by hand labour methods using
sprayers, vacuums and other similar devices;
"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;
"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;
(a)
"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 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;
(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.
PROVISIONS
(1)
(2)
-3-
Uses Permitted ("CA(F)-1" Zone)
No person shall within the lands designated "CA(F)-I" 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 F
(b) restaurant - Type F
Zone Requirements ("CA(F)-1" Zone)
No person shall within the lands designated "CA(F)-I" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with the
following provisions:
(a)
(b)
(c)
(d)
LOT AREA (minimum):
LOT FRONTAGE (minimum):
BUILDING RESTRICTIONS:
(i) Building Location and Setbacks:
A
B
0.4 hectares
55.0 metres
Buildings and structures shall comply with the minimum setbacks
illustrated on Schedule I attached hereto;
A minimum of 40% of the length of the build-to-zones, as
illustrated on Schedule I attached hereto, shall contain a building
or buildings, or part of a building or buildings;
C
Despite paragraph A above, a manual car wash facility shall only
be permitted on the lands diagonally hatched on Schedule I
attached hereto;
(ii) Building Height:
A maximum of 12.0 metres;
B minimum of 5.0 metres in any build-to-zone;
C
Despite B above, the minimum building height for a mechanical
car wash facility shall be 6.0 metres;
PARKING REQUIREMENTS:
(i) There shall be provided and maintained on the lands
"CA(F)-I" on Schedule I attached hereto, a minimum of:
A
(ii)
designated
8.0 parking spaces per 93 square metres of gross leasable floor area
provided for all restaurants - Type F
B 10 parking spaces for any automobile service station - Type F
Clauses 5.21.2a) to 5.21.2e), inclusive, of By-law 2511, as amended,
shall not apply to the lands designated "CA(F)-I" on Schedule I attached
hereto;
-4-
(iii) Notwithstanding clauses 5.21.2g) and 5.21.2k) of By-law 2511, as
amended, all entrance and exits to parking areas and all parking areas
shall be surfaced with brick, asphalt, or concrete, or any combination
thereof;
(e) SPECIAL REGULATIONS:
(i) The aggregate of the gross leasable floor area of all restaurants - Type F
shall not exceed 300 square metres;
(ii) The maximum gross leasable floor area of any kiosk associated with the
automobile service station - Type F shall not exceed 190 square metres;
(iii)
A maximum of one automobile service station - Type F shall be
permitted on the lands designated "CA(F)-I" on Schedule I attached
hereto;
(iv) All uses, other than parking, shall take place entirely within enclosed
buildings or structures with no outside storage or display;
(v)
Despite section 5.(2)(e)(iv) above, a maximum area of 10.0 square
metres may be used for the outdoor storage or display of limited
convenience items accessory to an automobile service station - Type F;
(vi)
Despite section 5.19(a) (provisions for accessory structure location) of
By-law 2511, as amended, and section 5.(2)(c)(i)A of this By-law, one
garbage enclosure not exceeding 15.0 square metres in size may be
located in the interior side yard a minimum of 0 metres from that
property line;
o
BY-LAW 2511
(1) By-law 4989/97 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.
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 f'mally passed this __
April ,2002.
15 day of
Wayne Arthurs, Mayor ~' '
~~T~]~, Clefk ~
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26.9mi
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82.58m
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27.0m 15.5m
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' 32.0m
80.57m
BAYLY STREET
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0
~ ~ MINIMUM SETBACK
~ BUILD-TO-ZONE
SCHEDULE ! TO BY-LAW 597]/0:2
PASSED THIS lS~;h
DAY OF April 2002
_ ~L~'-PROPERTIES
BAYLY STREET BAYLY STREET
o~,~e . _
QUIOI..[Y STREET
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Gity of ~ickoring ~lanning & Do¥olopmont Dopartmont
I ~^T~ ^PR. 8, 2002