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HomeMy WebLinkAboutBy-law 4549/95 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NI, JMBER 4549/95 Being a by-law to amend (Zoning) By-law 1840/84 which amended Restricted Area (Zoning) By-law 3036, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durham, on Block B, Plan M-1024, in the Town of Picketing (A 28/92) 1. TEXT AMENDMENT (1) Section 4 of By-law 1840/84, is hereby amended by adding thereto the following: (2a) "Restaurant Drive-Through Take Out" shall mean an establishment that provides light refreshment, such as sandwiches, doughnuts, muffins and coffee, to customers from vehicles for consumption elsewhere; (2) Subsection 5(1) of By-law 1840/84 is hereby amended by adding thereto the following: (b) restaurant drive-through/take out (3) Clause (v) of paragraph 5(2)(b) of By-law 1840/84 is hereby revoked and the following substituted for it: (v) PARKING REQUIREMENTS: A a minimum of 5 parking spaces shall be provided; B all parking spaces shall have a minimum of 13.78 square metres; C all parking spaces shall be set back a minimum of 3.0 metres from all lot lines. (4) Section 7 of By-law 1840/84 is hereby revoked. 2. EFFECTIVE DATE This By-law shall take effect from the date of the Ontario Municipal Board order (in its file number Z930191) amending By-law 1840/84, in accordance herewith. O~nCD ~e[L]E DATE Z 930191 DEC 2 ~ ~994 M 940093 0B ~ FOLIO ~ Ontado Ontario Municipal Boa~ Commission des affaires municipales de I'Ontario Ultramar Canada Inc. and Tim Don~ Ltd. have DEC23 1994 appealed to the Ontario Municipal Board under subseMion 34(11) of the Plannina A~, R.S.O. ~,'.~ 1990, c. P. 13, from Council's refusal or n~ to enact a proposed amendment to Zoning By-law 3036, as amended, of ~he Town of Pickering to rezone the prope~ Io~ted on P~ Lot 19, ~C . Con~ssion 1, from "CA(A)" to an appropriate c,~, designation to permit a restaurant drive-inAake o~ on the subject lands OMB File No. Z 930191 Ultramar Canada Inc. and Tim Donut Ltd. have referred to the Ontario Municipal Board under subsection 41(12) of the Plannina A~, R.S.O. 1990, c. P. 13, determination and seffiement of details of a site plan for lands composed of PaA Lot 19, Concession 1, in the Town of Pickering OMB File No. M 940093 COUNSEL: L.J. To~vnsend for Tim Donut Ltd. C. lacobelli for Ultramar Canada Ltd. C.M.T. Sheffield for Town of Pickering DISPOSITION delivered by J.R. MILLS on November 29, 1994 AND ORDER OF THE BOARD This by-law will not set a precedent as all similar applications must be dealt with by site specific by-laws as required by the District Plan. We are also not here to control competition. The planned function of the local area was not an issue with either the -2- Region or the Town. The Board accepts the evidence of the planner and the transportation/noise abatement engineer. What is proposed is good planning and will have no negative traffic or noise impacts. This appeal deals only with the Tim Horton drive-thru proposal and as such is allowed. The Board therefore orders that By-law 1840/84 is hereby amended by a by-law in the form as shown at Tab 7 Exhibit 3 of this hearing, which is attached as Schedule "1" to this decision. The Town's counsel withdrew at the beginning of the hearing as he had no witnesses to cell or argument to present. ~ - "J.R. Mills" J.R. MILLS MEMBFR