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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