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Home My WebLink AboutBy-law 6849/08 THE CORPORATION OF THE CITY OF PICKERING BY-lAW NO. 6849/08 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, on North Part of lot 19, Range 3 B.F.C., Part 3, 40R-11188 in the City of Pickering (A 10/07). . WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of a banquet facility and a restaurant within an Industrial Zone on North Part of lot 19, Range 3, B.F.C., Part 3, 40R-11188 in the City of Pickering; AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: 1. SCHEDULES I AND II Schedules I and II attached to this By-law with notations 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 on North Part of lot 19, Range 3 B.F.C., Part 3, 40R-11188 in the City of Pickering, designated "MC-20" 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. DEFINITIONS 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, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; (2) "Assemblv Hall" shall mean a building or part of a building in which facilities are provided for purposes such as civic, educational, political, religious or social meetings and which may include an auditorium or a banquet facility; By-law No. 6849/08 (Continued) Page 2 (3) "Banquet Facility" shall mean a building or part of a building used for the purposes of catering to banquets, weddings, receptions or similar functions for which food and beverages are prepared and served on the premises which may include an assembly hall but shall not include a restaurant; (4) "Build-to-Zone" shall mean an area of land within which all or part of a building or buildings are to be located; (5) "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; (6) (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) "Lot Coveraqe" shall mean the percentage of lot area covered by all buildings on the lot; (7) "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 the premises or off the premises, or both, but shall not include an adult entertainment parlour as defined herein; 5. PROVISIONS (1) Uses Permitted ('MC-20' Zone) No person shall, within the lands zoned 'MC-20' 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) All uses permitted under 'M2' Zone (b) Banquet Facility (c) Restaurant - type A (2) Zone Requirements ('MC-20' Zone) No person shall within the lands designated 'MC-20' on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: By-law No. 6849/08 (Continued) Page 3 (a) BUILDING RESTRICTIONS (i) Building Location and Setbacks: A Buildings and structures shall be located entirely within the building envelope illustrated on Schedule II attached to this By-law; B Buildings shall be located in such a manner that 50% of the length of the build-to-zone,. as indicated on Schedule II attached to this By-law, contains all or part of a building or buildings; (ii) Building Height: minimum 6 metres maximum 12 metres; (iii) Open Storage: A All uses other than parking shall take place entirely within enclosed buildings or structures with no outside storage or display permitted; B Despite Section 5(2)(a)(iii)(A) of this By-law, Section 17.3 of By-law 2511 shall apply to uses permitted under the 'M2' Zone; (b) PARKING REQUIREMENTS (i) There shall be provided and maintained on the lot a minimum of 1 parking space for each 12 square metres of gross leasable floor area of the banquet facility and restaurant type 'A'; (ii) All uses under 'M2' are subject to the Minimum Off Street Parking Requirements under Section 5.21.1 . (iii) Drive aisle widths shall be setback a minimum of 1.5 metres from the building wall; (iv) Where a drive aisle abuts a side lot line, there shall be a 1.5 setback therefrom; (v) Clauses 5.21.2a) to 5.21.2e) inclusive, of By-law 2511, as amended, shall not apply to the lands designated 'MC-20' on Schedule I attached hereto; (vi) Despite Clauses 5.21.2b) of By-law 2511, as amended, side yard parking shall be setback 1.5 metres from all side lot lines. By-law No. 6849/08 (Continued) Page 4 (vii) Parking shall be setback 1.5 metres from all rear lot lines. (viii) Despite Clauses 5.21.2g) and 5.21.2k) of By-law 2511, as amended, all entrance and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concret~, or any combination thereof. (c) SPECIAL REGULATIONS (i) . The maximum combined gross leasable floor area for all uses on the lands zoned 'MC-20' on Schedule I attached to this By-law shall be 1500 square metres; (ii) Only one restaurant with a maximum gross leasable floor area of 150 square metres is permitted on the lands zoned 'MC-20' on Schedule I attached to this By-law; (iii) One outdoor patio located at the rear of the building with a maximum area of 70 square metres is permitted; (iv) Despite Section 5.(2)(a)(i)A, a front yard canopy in connection with a banquet facility with a maximum height of 6 metres may encroach into the front yard, 12.5 metres beyond the building envelope; 6. BY-LAW 2511 By-law 2511, 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 2511, as amended. 7. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this 21st day of April, 2008. DaVid~ ~c[) ~~ Debi A. VVilcox, City Clerk \L QUIGLEY / 56.4 STR E ET o <C o cr::: o .t- v MC-20 2 <C :::r:: G Z -1 -1 o 55.8 ---------- SCHEDULE I TO BY-LAW 6849/08 PASSED THIS 21st. DAY OF April 2008 N N I' ro I' l' N \L QUIGLEY STREET /' t ~ 1--9.5 9.s---: I I I I Lfll I , I VI I VI I I I I I I I I I I I I I I I I I L________________~ - o <t: o n:::: 2 <t: :::r:: (J z -.J -.J o ---------- ~ BUILD-TO-ZONE ---- BUILDING ENVELOPE SCHEDULE n TO BY-LAW 6849/08 PASSED THIS 21st DAY OF April 2008 -- 1- - - - - - - - - - -- I I I I I I I l'