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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 / / / / / / / / / /, 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 LAN£ ~TREET AV~'~U£ TATR~ BOULEVARD A~NUE STREET srRE'ET FRENCHI~N ~S BAY PLACE PARK II WHARF AVENUE BROADVIEW STREET i~M.ATON COLMAR AVENUE ALY~e:UM AVENUE CRESCENT lAKE City of Pickering ON?AR/O / / / / Planning & Development Department IDATE JULY 11, 2002