HomeMy WebLinkAboutBy-law 6006/02PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
July 17, 2002
To:
From;
Subject:
Bruce Taylor
City Clerk
Perry Korouyenis
Planning Technician
Zoning By-law Amendment Application A 22/01'
1381190 Ontario Limited
Block T, Plan M 15
701 - 711 Krosno Boulevard
City of Pickering
On May 21, 2002, Council approved the above-noted application to permit the
continuance of the existing gas bar, with limited sale of accessory convenience
items as permitted by the Committee of Adjustment Application P/CA 44/00 and
technical amendments to clarify existing yard requirements on the subject lands.
Council approved the subject application with conditions of approval requiring the
applicant to enter into a site plan agreement. These conditions of approval were
based on development and site improvements occurring on the site in
association with the originally requested convenience store. Council's decision
to approve the technical aspects of zoning by-law amendment application A22/01
and to permit uses that were previously allowed by the Committee of Adjustment
has determined that no development is to occur at this time. Therefore, it is not
considered necessary to withhold the passing of the by-law. Staff is of the
opinion that the by-law should be brought before Council at this time for their
consideration.
The draft amending by-law has been prepared and 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 July 29, 2002.
A Statutory Public Meeting was held for this application on February 21,2002.
The purpose and effect of this by-law is to permit the continuance of the existing
gas bar, with limited sale of accessory convenience items as permitted by the
Committee of Adjustment Application P/CA 44/00 and technical amendments to
clarify existing yard requirements 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.
/~re.ctor, gianning &/l~evelopment
PK:td
pkorouyenis/Re-zonings/PateI-A22-01/by-law memo.doc
Attachment
Perry Korouyen~/ -
Planning Technician
NOTICE OF PASSING OF A
ZONING BY-LAW
THE CORPORATION OF THE CITY OF PICKERING
TAKE NOTICE that the Council of the Corporation of the City of Pickering
passed By-law Number 6006102 (A 22/01) on July 29, 2002.
Council approved the rezoning of the subject lands and the passage of this By-
law is the implementation of that approval.
The purpose and effect of this by-law is to permit the continuance of the existing
gas bar, with limited sale of accessory convenience items as permitted by the
Committee of Adjustment Application PICA 44100 and technical amendments to
clarify existing yard requirements on the subject lands.
A key map showing the location of the lands to which the By-law applies is
attached. The complete By-law is available for inspection in the Office of the
Clerk during regular office hours.
AND TAKE NOTICE that any individual, corporation or public body may appeal
to the Ontario Municipal Board in respect of By-law Number 6006/02 by filing
with the Clerk of the Corporation of the City of Pickering no later than the 30th
day of August, 2002 Notice of Appeal setting out the reasons for the appeal.
The Notice of Appeal must be accompanied by the fee required by the Ontado
Municipal Board which is $125.00. Cheques must be made payable to the
~Minister of Finance".
AND TAKE NOTICE that only individuals, corporations and public bodies may
appeal a zoning by-law to the Ontado Municipal Board. A notice of appeal may
not be filed by an unincorporated association or group. However, a notice of
appeal may be filed in the name of an individual who is a member of the
association or the group on its behalf.
FURTHER INFORMATION REGARDING THIS MATTER MAY BE OBTAINED
BY CONTACTING THE CITY'S PLANNING AND DEVELOPMENT
DEPARTMENT AT 420-4617.
Dated at the City of Pickering this 9th day of August, 2002.
Btaylor:Legislative Forms:Notice By-law 6006
Bruce Taylor, AMCT, CMM
City Clerk
City of Picketing
One The Esplanade
Picketing, Ontado.
LlV 6K7
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6006/02
Being a By-law to amend Restricted Area (Zoning) By-law 2520, as
amended, to implement the Official Plan of the City of Pickering
District Planning Area, Region of Durham in Block T, Plan M-15, in the
City of Pickering. (A 22/01)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to
permit the limited sale of convenience items in association with a gas bar; the
establishment of personal service uses; and to establish appropriate yard requirements
for the subject property;
AND WHEREAS an amendment to By-law 2520, 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 notations and
hereby declared to be part of this By-law.
references shown thereon is
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Block T, Plan M-15,
Picketing, designated "CA(G)" on Schedule I attached hereto.
GENERALPROVISIONS
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)
"Accessory Convenience Items" shall mean items that are limited to
coffee, chips, donuts, muffins, cake, cigarettes and beverages, in single
servings for immediate consumption by the traveling public, but shall not
include a retail store, a neighbourhood convenience store, or any
establishment providing the sale of produce, canned goods, baked items
(in quantity), meat or poultry, and/or dairy products (not sold in single
servings);
(2)
"Adult Entertainment Parlour" shall mean a building or part of a building in
which is provided, in pursuance of a trade, calling, business or occupation,
services appealing to or designed to appeal to erotic or sexual appetites or
inclinations;
(3)
"Automobile Service Station -Type G" shall mean an establishment
where vehicle fuels, lubricants and automobile-related accessories are
offered for retail sales, the dispensing of propane fuel, other similar
vehicle-oriented accessory uses, and the sale of accessory convenience
items within an associated sales kiosk, but shall not include facilities for
the repair and maintenance of vehicles, or facilities for the repairing or
painting of vehicle bodies;
(4)
"Personal Service Shop" shall mean an establishment in which a personal
service is performed and which may include a barber shop, a beauty
salon, a shoe repair shop, a tailor or a dressmaking shop or a
photographic studio, but shall not include a body-rub parlour as defined in
section 224 (9)(b) or the Municipal Act, R.S.O. 1990, Chapter M. 45 as
amended from time-to-time, or any successor thereto, or an
Adult Entertainment Parlour as defined herein;
(5)
"Restaurant - Type A" shall mean a building or part of a building where
food is prepared and offered or kept for retail sale to the public for
immediate consumption on or off the premises, or both, but shall not
include an adult entertainment parlour as defined herein.
5. PROVISIONS
(1) (a) Uses Permitted ("CA(G)" Zone)
No person shall within the lands designated "CA(G)" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or
structure for any purpose except the following:
(i) automobile service station - type G
(ii)personal service shop
(iii) restaurant- type A
(b) Zone Requirements ("CA(G)" Zone)
No person shall within the lands designated "CA(G)" on Schedule I
attached hereto, use any lot or erect, alter, or use any building except
in accordance with the following provisions:
(i) BUILDING RESTRICTIONS:
A
Buildings and structures shall comply with the minimum
setbacks illustrated on Schedule I attached hereto;
(ii) PARKING REQUIREMENTS:
A
There shall be provided and maintained on the lands
designated "CA(G)" a minimum of 5.5 parking spaces per
100 square metres of building gross leasable floor area
for automobile service stations - type G and personal
service shops;
B
There shall be provided and maintained on the lands
designated "CA(G)" a minimum of 8 parking spaces per
100 square metres of building gross leasable floor area
for restaurants - type A;
C
Clauses 5.21.2 (a) (b) (c) (e) and (f) of By-law 2520, as
amended, shall not apply to the lands designated
"CA(G)" on Schedule I attached hereto;
3
D
Notwithstanding clauses 5.21.2 (g) and (k) of
By-law 2520, 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;
(iii) SPECIAL REGULATIONS:
A
The aggregate gross leasable floor area of all restaurants
- type A on the lot shall not exceed 135 square metres;
B
The aggregate gross leasable floor area within the
automobile service station - type G dedicated to the sale
of accessory convenience items shall not exceed 64
square metres;
C
The sale of accessory convenience items shall be
permitted on the subject property only in conjunction with
an automobile service station -type G.
6. BY-LAW 2520
(1) By-law 2520, 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. Relevant provisions of
By-law 2520, as amended, shall govern definitions and subject matters not
specifically dealt with in this By-law.
7. EFFECTIVE DATE
This By-law shall come into force in accordance with the provisions of the
Planning Act.
BY-LAW read a first, second, and third time and finally passed this
July ,2002.
29th day of
Wayne Arthurs, Mayor
E~tt~ice Taylor, Clerk
CA(G)
BLOCK T, M-15
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BLOCK S, M-15
E-] BUILDING ENVELOPE
SCHEDULE T TO BY-LAW 6006/02
PASSED THIS 29th
DAY OF July 2002
MAYOR
BAYLY
STREET
WAYF'A~ER
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BROADVIEW STREET
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COLMAR AVENUE
ALY~e:UM
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CRESCENT
lAKE
City of Pickering
ON?AR/O
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Planning & Development Department
IDATE JULY 11, 2002