HomeMy WebLinkAboutBy-law 6008/02PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
July 19, 2002
To:
From:
Subject:
Bruce Taylor
City Clerk
Ross Pym
Principal Planner- Development Review
Draft Amending By-law for
Zoning By-law Amendment Application A41/00
John Moniz on behalf of 1094511 Ontario Limited
Lots 6 and 7, and 5 Plan 489
Northeast corner of Kingston Road and Walnut Lane
City of Pickering
On February 18, 2002, Council approved the above-noted application to permit
the development of a two-storey office building. Conditions of approval have now
been satisfied and a draft amending by-law has been prepared. The parking
standard incorporated into the draft by-law reflects the standard that is now being
used for similar office developments. 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 April 19, 2001.
The purpose and effect of this by-law is to permit the development of a two-story
office building for professional and business offices (excluding medical offices),
with associated personal services and accessory uses.
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.
~'r~llt°r' ~ el~~°pment
Attachment
Ross Pym, MCIP, RPP
Principal Planner- Development Review
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 6008~02 (A 41/00) 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 development of a two-story
office building for professional and business offices (excluding medical offices),
with associated personal services and accessory uses.
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 dudng regular office hours.
AND TAKE NOTICE that any individual, corporation or public body may appeal
to the Ontado Municipal Board in respect of By-law Number 6008102 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 Ontario
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 6008
Bruce Taylor, AMCT, CMM
City Clerk
City of Pickering
One The Esplanade
Pickering, Ontario.
LIV 6K7
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6008/02
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as
amended, to implement the Official Plan of the City of Pickering, Region of
Durham, Part of Lots 6 and 7, Plan 489, City of Pickering.
(A 41/00)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to
permit the establishment of business office, professional office-non-medical uses and
personal services uses on the subject lands, being Part of Lots 6 and 7 Plan 489, City of
Pickering;
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 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 Lots 6 and 7,
Plan 489, City of Picketing, designated "CO" 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)
"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;
(2)
"Functional Floor Level" shall mean an enclosed building storey containing
an area of at least 50% of the building's ground floor area, and having a
ceiling height suitable to permit the intended use;
(3)
"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;
-2-
(4)
(5)
(6)
(7)
(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)
(c)
"Lot Coveraqe" shall mean the percentage of lot area covered by all
buildings on the lot;
"Lot Fronta.qe" 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;
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 dressmaking shop or a photographic
studio, but shall not include a body-rub parlour as defined in the Municipal
Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any
successor thereto;
"Professional Office - Non-Medical" shall mean a building or part of a
building in which legal or other professional service is performed or
consultation given, and which may include the offices of an architect, a
chartered accountant, an engineer, or a lawyer, but shall not include a
body-rub parlour as defined by the Municipal Act, R.S.O. 1990, c.M. 45, as
amended from time-to-time, or any successor thereto;
(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 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;
-3-
(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) Uses Permitted ("CO" Zones)
No person shall within the lands designated "CO" on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(a)
(b)
(c)
business office;
professional office - non-medical;
personal service use.
(2) Zone Requirements ("CO" Zone)
No person shall within the lands designated "CO" on Schedule I attached
hereto, use any lot or erect, alter or use any building except in accordance
with the following provisions:
(a) BUILDING LOCATION AND SETBACKS:
(i)
Buildings and structures shall be iocated entirely within the
building envelope illustrated on Schedule I attached to this
By-law.
(b) BUILDING HEIGHT:
(i) minimum 6 metres and two functional floors;
(ii) maximum 18 metres.
(c) OPEN STORAGE:
All uses, other than parking, shall take place entirely within
enclosed buildings or structures with no outside storage or display
permitted.
(d) PARKING REQUIREMENTS:
A There shall be provided and maintained on the lot a
minimum of:
(I)¸
4.5 'parking spaces per 100 square metres of gross
leasable floor area for the first 1,000 square metres of
gross leasable floor area, and;
(11)
2.5 parking spaces per 100 square metres of gross
leasable floor area for all floor area in excess of 1,000
square metres.
-4-
B
Clauses 5.21.2 b) of By-law 3036, as amended, shall not
apply to the lands designated "CO" on Schedule I attached
hereto;
C
Despite Clauses 5.21.2 g) and 5.21.2 k) of By-law 3036, 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.
D
All parking areas shall be set back a minimum of 3.0 metres
from the north property line and 2.3 metres from any road
allowance.
6. 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.
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 29thday of
July ,2002.
Wayne Arthurs, Mayor .. ' -,
r, Clerk
LoT 149
\ LOT 148
LoT ~ ~
CO
1 .Sm 1.5m .,.~
II --I BUILDING
ENVELOPE N
SCHEDULE I TO BY-LAW 6008/02
PASSED THIS 29th
DAY OF July .2002
DURHAM
CONDOMINIUM
PLAN No. 130
CLL~RK
FINCH
AVENUE
FINCH
AVENUE
RIDGCWOOD
GLOUCESTER
KITLEY
GL~NANNA
CULROSS
ROAD
IIII
AVE:NUE:
WAYF'A~ER
LANE
City of Pickering
Planning & Development Department
IDATE JULY19,2002