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HomeMy WebLinkAboutBy-law 6690/06 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 6690/06 Being a By-law to amend Restricted Area (Zoning) By- law 3036, as amended by By-laws 2284/86 and 3253/89, to implement the Official Plan .of the City of Pickering in the Region of Durham, for Part of Lots 27 and 28, Range 3, Broken Front Concession, in the City of Pickering. (A 40/00) WHEREAS the Council of The Corporation of the City of Pickering enacted By-laws 2284/86 and 3253/89, amending By-law 3036, to permit the establishment of vehicle sales or rental establishment, hotel and restricted commercial club and retail store uses on different parts of the subject lands, on Part of Lots 27 and 28, Range 3, Broken Front Concession, in the City of Pickering; AND WHEREAS the Council of The Corporation of the City of Pickering now deems it desirable to further amend By-law 3036, by repealing and replacing By- laws 2284/86 and 3253/89, to permit a broader range of uses including vehicle sales and rental uses, hotel and accessory uses, retail, restaurant and office uses on all parts of the subject lands, being Part of Lots 27 and 28, Range 3, Broken Front Concession, in the City of Pickering; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULES I. II and III Schedules I, II and III attached to this By-law with notation and references shown thereon are hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lots 27 and 28, Range 3, Broken Front Concession, in the City of Pickering, designated SPC-3 and (H) OS-HUSPC-3 on Schedule I attached hereto. 3. 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. 4. DEF1NITIONS In this By-law, (1) "Adult Entertainment Parlour" shall mean a building or part of a building in which is provided, in pursuance of a trade, calling, - 2 - business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; (2) "Bakery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sate, or in which food products baked and prepared elsewhere are offered for retail sale, but shall not include a Restaurant - Type A; (3) "Body Rub Parlour" shall mean any premises or part thereof where a body rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (4) "Body Rub" shall mean the kneading, manipulating, rubbing, massaging, touching, or stimulating, by any means, of a person's body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (5) "Body Shop" shall mean an establishment engaged in repairing or painting vehicle bodies; (6) "Business Office" shall mean a building or part of a building in which the management or direction of a business. a public or private agency, a brokerage or a labour or fraternal organization is carried on, and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; (7) "Club" shall mean a building or part of a building in which a not-for profit or non-commercial organization carries out social, cultural, welfare, athletic or recreational programs for the benefit of the community, but shall not include an adult entertainment parlour; (8) "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership, but shall not include an adult entertainment parlour; (9) "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities are provided, and which may include an athletic or recreational club, but shall not include any uses permissible within a place of amusement or entertainment; (10) "Day Nursery" shall mean lands and premises duly licensed pursuant to the provisions of the Day Nurseries Act, or any - 3 - successor thereto, for use as a facility for the daytime care of children; (11) "Dry CleaninQ Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes; (12) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (13) "Functional Floor Area" shaU mean floor area within an enclosed building storey having a ceiling height suitable to permit the intended use; (14) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas 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; (15) "Hotel" shall mean a building, or two or more attached buildings used for the purpose of providing the public with temporarY accommodations, having a minimum of 25 accommodation units accessed by internal corridors, and uses accessory thereto, including meeting rooms, conference rooms, recreational facilities, banquet halls, and dining and lounge areas; (16) "Personal Service Shop" shall mean an establishment in which personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor, a dressmaking shop, a photographic studio, or massage therapy for medical or therapeutic treatment given by a person duly qualified, licensed or registered to do so under the laws of the Province of Ontario; (17) "Place of Amusement or Entertainment" shall mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and which may include a billiard or pool room, a dance hall, a music hall, or a theatre, but shall not include a games arcade, an adult entertainment parlour as defined herein or a body rub parlour as defined herein: (18) "Place of Assembly" shall mean a building or part of a building in which facilities are provided for civic, educational, political, recreational, religious or social meeting purposes and may inctude facilities for entertainment purposes such as musical and theatrical performances, but shall not include a place of amusement or entertainment; (19) For the purpose of this subsection, the terms: -4- (a) "Public School" shall mean, i. A school under the jurisdiction of a board of education which board is established pursuant to the Education Act, RS.O. 1980, or any successor thereto; ii. A college of applied arts and technology established pursuant to the Ministry of College and Universities Act, RS.O. 1980, or any successor thereto; and iii. A university eligible to receive provincial funding from the Minister of Education, Colleges and Universities, pursuant to the Ministry of Colleges and Universities Aèt, RS.O. 1980, or any successor thereto. (b) "Private Non-Residential School" shall mean a school which is maintained for educational or religious purposes but shall not include any other school defined herein; (c) "Private Residential School" shall mean a school which is maintained for educational or religious purposes and which includes accessory residential facilities but shall not include any other school defined herein. (d) "Commercial·School" shall mean a school which is operated for gain or profit and may include the studio of a dancing teacher or music teacher, or an art school, a golf school, or any other such school operated for gain or profit, but shall not include any other school defined herein. (20) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offtCes of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined herein; (21) "Restaurant - Type A" shall mean a building or part of a building where food is prepared or offered or kept for retail sale to the public for immediate consumption on or off the premises, but shall not permit a drive-thru; (22) "Retail Store" shall mean a building where goods, wàres, merchandise, substances, articles, or things are stored, offered or kept for sale at retail and includes storage on or about the store premises of limited substances, articles or things sufficient only to service such store but does not include any retail outlet otherwise classified or defined in the By-law; - 5 - (23) "Vehicle Repair Shop" shall mean an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed in return for remuneration, but shall not include a body shop or any establishment engaged in the retail sate of vehicle fuels; (24) "Vehicle Sales or Rental Establishment" shall mean an establishment used for the sale, rent or lease of vehicles and which may include as an accessory thereto the outdoor display of vehicles for sate, rent or lease and a vehicle repair shop, but shall not include any establishment enga.ged in the retail sale of motor vehicle fuels; . 5. PROVISIONS (1) "SPC-3" ZONE (a) Uses Permitted ("SPC-3") ZONE No person shall, within the lands zoned "SPC-3" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the . following: (a) bakery (b) business office (c) club (d) commercial club (e) commercial recreational establishment (f) day nursery (g) dry cleaning depot (h) financial institution (i) hotel (j) personal service shop (k) place of assembly (I) private non-residential school (m) professional office (n) restaurant - Type A (0) retail store (p) vehicle sales or rental establishment -"--""'."-'---"'--".'-",." (b) Zone Requirements ("SPC - 3") No person shall within lands zoned "SPC-3" on Schedule I, attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: -6- A. BUILDING RESTRICTIONS (i) Building Location and Setbacks: Buildings and Structures shall be located entirely within the Building Envelòpes illustrated on Schedule II attached to this By-law; (ii) No building or portion of a building or structure shall be erected on a lot within a building envelope shown on Schedule II attached hereto, unless 40% of the entire length of the build-to-zone on the lot is occupied by a continuous portion of the exterior wall of the building or buildings containing the building interior; (iii) Clause 5 (1 )(b) A. (ii) above shall not apply to the buildings and structures existing on the day this by- law is enacted and to additions thereto of no more than an additionat 20% to the gross floor area of all buildings existing on the day this by-law is enacted, on the lands shown as hatched on Schedule I; (iv) Building Height: A. minimum 6.5 metres . maximum 26.0 metres B. A minimum of 33% of the gross floor area of all buildings constructed on each lot shall be provided as functional floor area above the ground floor, except for vehicle sales and rental establishments, on the lands zoned "SPC - 3" on Schedule I attached to this by- law. B. PARKING REQUIREMENTS (i) A minimum of 3.0 parking spaces shall be provided and maintained on lands zoned "SPC-3" on Schedule I attached to this By-law for every 1 00 square metres of gross leasable area for vehicle sales or rental establishments; (ii) A minimum of 4.5 parking spaces shall be provided and maintained for every 100 square metres of gross leasable area for permitted uses other than vehicle sales or rental establishments on lands -7- zoned "SPC-3" on Schedule I attached to this By- law; (iii) Clauses 5.21.2 (b) and (c) of By-law 3036, as amended, shall not apply to the lands zoned "SPC- 3" on Schedule I attached hereto; (iv) Despite Clauses 5.21.2(g) and 5.21.2(k) of By-law 3036, 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; (v) No more than one row of parking. or display of vehicles shall be permitted between buildings and Kingston Road, except any display and parking permitted between Kingston Road and buildings that existed on the lands on the day before the enactment of this By-Jaw. C. OUTDOOR STORAGE (i) No outdoor storage and display shall be permitted on the lands; (ii) Despite subclause 5(1)(b)C.(i) above, the display of vehicles in association with a vehicle sales or rental establishment shall be permitted on the lands; (iii) Any permitted outdoor storage or display shall be provided within the building envelopes shown on Schedules II or III attached hereto. D. SPECIAL REGULATIONS (i) The maximum combined gross leasable floor area for all retailing of goods and services (exclusive of restaurants) shall be 2,500 square metres on each lot on the lands zoned "SPC-3" on Schedule I attached to this By-law; (ii) The maximum combined gross floor area for all restaurants on a lot shall be 33% of the total gross floor area of all uses on the lot zoned on lands designated "SPC-3" on Schedule I attached to this By-law; (Hi) Despite Clause 5(1)(b)D.(ii) above, Clause 5(1)(b)D.(ii) shall not apply to the lands shown as dashed on Schedule I attached to this By-law; - 8- (iv) The maximum aggregate gross floor area for all offices shall be 1.5 Floor Space Index on each lot on the lands zoned "SPC-3" on Schedule I attached to this By-law; (v) No required parking space shall be used for outdoor storage or display; (vi) All required parking, permitted outdoor display, above or below ground structures, stormwater management ponds, utility easement or emergency access routes on the lands shown on Schedule I shall be set back a minimum of 14 metres from the abutting lands owned by the Ministry of Transportation for Highway 401 and the Kingston Road/Highway 401 Ramp Terminal Intersection. (2) II(H) OS-HUSPC-3" ZONE (a) Uses Permitted (II(H) OS-HUSPC-3") ZONE Until such time as the IIH" Holding Provision is lifted, no person shall use any lot or erect, alter or use any building or structure for any purpose except the preservation and conservation of the natural environment and resource management within the lands zoned II(H) OS-HUSPC-3" on Schedule I attached to this By-law. (b) Removal of the "H" Holding Symbol A. The "H" Holding Symbol shall not be removed from the II(H) OS-HUSPC - 3" zone until such time as: (0 the Director, Planning & Development receives satisfactory evidence that the following up-to- date reports and drawings on the hydrology, hydraulics and flood plain analysis for Amberlea Creek, mitigation needs and compensation requests, and impacts of downstream erosion, for the alterations of the watercourse currently located on the lands zoned "(H) OS-HL/SPC-3", have been completed and receive approval from the TRCA, and in addition, appropriate arrangements have been made with respect to stormwater management, including the use of innovative stormwater management measures to maintain pre-development infiltration rates and reduce volume of run-off produced under development conditions, for the lands zoned "SPC-3" -9- B. Upon removal of the "H" Holding Symbol from the "OS-HUSPC - 3" Zone, the uses permitted and the zone requirements for the "SPC - 3" Zone shaH govern the lands designated "SPC -3"; C. Despite Clause 5(2)(b)A.(ii), on the lands cross- hatched or dashed on Schedule I, should the (H) be lifted, the build-to zone and the building envelope shall be as shown on Schedule III attached hereto; D. Despite Clause 5(2)(b)C., on the tands dashed on Schedule I, should the (H) be lifted, no requirement to build within the build-to-zone shall apply to free- standing buildings located solely on the lands dashed on Schedule I; 6. AREA RESTRICTED (1) 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 the relevant provisions of By-law 3036, as amended. (2) By-laws 2284/86 and 3253/89, which amended By-law 3036, are hereby repealed. 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 24th day of July 2006. ~~ D' ,Maym o ~ CD ~ W o f><Q\ ~~ '(-.\(,'0 I2ZJ HATCHED [:ð2I CROSS-HATCHED r-- '-:'1 DASHED l' N SCHEDULE I TO BY-LAW 6690/06 PASSED THIS 2 4TH DAY OF JULY 2006 DAVID RYA;;!r-- D~~~~~~ð o ::J CO ~ -! W o I -, \ I \ \ , \\---3.Om \ I ~, \ ~ . ~I \\, ) ;> ,\ 14.Om \. " \\ " , /' '~ /' \, /'/' "\ /' \\ /' \\. /' , \ 14.Om b,,\:)\ ~ >." '0\GYì ~ BUILD TO ZONE BUILDING ENVELOPE l' N SCHEDULE II: TO BY-LAW 6690/06 PASSED THIS 24TH DAY OF JULY 20Q6 DAVIDRYA~ ~ k fçt>·ti~. ~ DEB' A.'~LEv - CLERK- . \ o ~ CD ~ --.J W o 14.Omi \ \ \ \ \\ \ v 3.Om ....." \ \\ \ \\ \ \\ \\ \ ~ ~ \ $ . \ \\ \~~ ~ \ \ \ \ I \ \ 14.Om I 14.Om ~ >' >' \ /' /' /' \\ /' \~ /' \\ /' \~ /' \v \ I I I l I , 14.Om bea\ ~~ ..(.§iYì ~ BUILD TO ZONE BUILDING ENVELOPE l' N SCHEDULE m TO BY-LAW 6690/06 PASSED THIS 24TH DAY OF JULY 2006 DAVIDRYAN~ '" ~ ~cð)~~~ DEBI A~fìÞr ~ERK if