HomeMy WebLinkAboutBy-law 7059/10
The Corporation of the City of Pickering
By-law No.7059/10
Being a by-law to amend Restricted Area (Zoning) By-law 3036,
as amended by 1055/79 and By-law 6134/03, to implement the
Official Plan of the City of Pickering in the Region of Durham,
Part 1 40R-3466, and Parts 2, 3, 4 and 5 40R-5805, and Part 1
40R11779, City of Pickering. (A 21/09)
Whereas the Council of The Corporation of the City of Pickering deems it desirable to
amend the existing zoning of the subject lands to replace a "CA3" zone with a "(H)CA34'
zone, in order to permit additional commercial uses, including retail and service
commercial, offices, drug store, commercial recreational facility, commercial club and
commercial school uses within the existing building on the subject lands being Part 1
40R-3466, Parts 2-5 40R-5805, and Part 1 40R-11779, in the City of Pickering;
And whereas an amendment to By-law 3036, as amended by By-law 1055/79 and
By-law 6134/03, is therefore deemed necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedule Amendment
Schedule "I" to By-law 1055/79 as amended by By-law 6134/03, is hereby
amended by replacing the zoning category "CA3" with zoning category "(H)CA3-4".
2. Text Amendment
(1) Section 2. - Area Restricted of By-law 1055/79 as amended by By-law
6134/03, is hereby amended by replacing zoning category "CA3" with
"CA34' as follows:
The provisions of this By-law shall apply to those lands in Lot 18 and the
North Part of Lot 18, Concession 1, Pickering, designated "CA34' on
Schedule "I" attached hereto.
(2) Section 4. - Definitions of By-law 1055/79 as amended by By-law 6134/03,
is hereby amended by adding the following definitions and re-alphabetizing
and re-lettering the subsections (a) to (t):
(b) "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;
By-law No. 7059/10 Page 2
(c) "Business Office" shall mean a building or part of a building in which
the management or direction of 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;
(d) "Commercial Club" shall mean an athletic or recreational club operated
for gain or profit and having public or private membership;
(e) "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;
(f) "Commercial-Recreational Establishment" shall mean a commercial
establishment in which indoor recreational facilities such as bowling
alleys, miniature golf courses, roller-skating rinks, squash courts,
swimming pools and other similar indoor recreation facilities are
provided and operated for gain or profit, and which may include an
arena or stadium but shall not include a place of amusement or
entertainment as defined here;
(g) "Discount Department Store" shall mean a discount department store,
as defined by Statistics Canada, such as but not limited to, Zellers and
Wal-Mart, engaged in general merchandising of a wide range of
commodities and services which may include, but is not limited to,
apparel, hardware and household goods, garden supplies, automotive
supplies, leisure, pet and drug items and toys;
(h) "Drug Store" shall mean a building or part of a building in which
pharmaceutical prescriptions are compounded and dispensed to the
public, and where medicine, medical supplies and associated
merchandise, confectionary items, cosmetics, toiletries, periodicals, or
similar items of day-to-day household necessity are stored, displayed
and offered for retail sale;
(i) "Financial Institution" shall mean a building or part of a building in
which money is deposited, kept, lent or exchanged;
Q) "Floor Area" shall mean the aggregate of the floor areas of all above
and below grade storeys, but shall exclude the floor area of any
stairwells, elevators, and any part below established grade used
exclusively for storage purposes;
By-law No. 7059/10 Page 3
(k) "General Merchandise Store" shall mean a general merchandise store
as defined by Statistics Canada, such as but not limited to, Bi-Way,
Bargain Harolds, and Stedmans, engaged in general merchandising of
a wide range of commodities and services, which may include but is
not limited to apparel, hardware and household goods, garden
supplies, automotive supplies, leisure, pet and drug items and toys;
(1) "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 those
areas used exclusively for storage purposes which are below
established grade or within mezzanines;
(m) "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 i
the case may be, together with any accessory buildings or structures,
or a public park or open space, regardless of whether or not such lot
constitutes the whole of a lot or block on a registered plan of
subdivision;
(n) "Major Department Store" shall mean a major department store as
defined by Statistics Canada, such as but not limited to, Sears and The
Bay, engaged in general merchandising of a wide range of
commodities and services, which may include, but is not limited to,
apparel, hardware and household goods, garden supplies, automotive
supplies, leisure, pet and drug items and toys;
(o) "Personal Service Shop" shall mean an establishment in which personal
service is performed and which may include a barber shop, 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. 1990, c.M. 45, as amended from time-to-time, or any successor
thereto;
(p) "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 offices of an
architect, a chartered accountant, an engineer, a lawyer or a physician,
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;
(q) "Retail Store" shall mean a building or part of a building in which
goods, wares, merchandise, substances, articles, or things are stored,
kept and offered for retail sale to the public, but shall not include a food
store, a discount department store, a major department store, or a
general merchandise store;
By-law No. 7059/10 Page 4
(r) "Specialty Food Store" shall mean a retail store specializing in a
specific type or class of foods such as an appetizer store, bakery,
butcher, delicatessen, fish, gourmet and similar foods;
(3) Subsection 5.A. Uses Permitted is hereby amended by replacing zone
category "CAW with "CA34' and by including the following uses as follows:
5. Provisions ("CA3-4" Zone)
A. Uses Permitted CA34' Zone)
(a) No person shall within the lands designated "CA34" on
Schedule "I" hereto undertake any use for any purpose
except as follows:
(i) business office
(ii) commercial club
(iii) commercial school
(iv) commercial recreational establishment
(v) drugstore
(vi) financial institution
(vii) personal service shop
(viii) professional office
(ix) retail store
(x) vehicle sales and rental establishment
(b) The permitted uses shall only occur within the building existing
as of the day of the passing of this by-law, on the property being
Part 1 40R-3466 and Parts 2-5 40R-5805 generally as shown
on the site plan approved on June 21, 2005.
(4) Subsection 5.13. Zone Requirements is hereby amended by replacing zone
category "CAY with "CA34' as follows:
B. Zone Requirements
(a) No person shall within the lands designated "CA34' on
Schedule "I" hereto, use any lot or erect, alter or use any building
or structure except in accordance with the provisions of this
subsection.
(5) Section 5. is hereby amended by adding a subsections C. and D. as follows:
C. Uses Permitted Zone Requirements ("(H)" Zone)
(a) Until such time as the "(H)" Holding Provision is lifted, the lands
shall not be used for any purpose other than vehicle sales and
rental establishment.
I
By-law No. 7059/10 Page 5
D. Removal of the "(H)" Holding Symbol
(a) The "(H)" Holding. Symbol-shall not be removed from the "CA34'
Zone for lands being Part 1 40R-3466, Parts 2-5 40R-5805 until
such time as a traffic analysis has been submitted and an
updated Site Plan Agreement has been executed and registered
for the lands to the satisfaction of the City of Pickering in
consultation with the Region of Durham.
(b) The "(H)" Holding Symbol shall not be removed from the "CA34'
Zone for lands being Part 1 40R-11779 until such time as a Site
Plan Agreement for the lands has been executed and registered
to the satisfaction of the City of Pickering and the Region of
Durham and the flood plain issues associated with the lands have
been addressed to the satisfaction of the City in consultation with
the Toronto and Region Conservation Authority.
3. By-law 3036
By-law 3036, as amended by By-law 1055/79 and By-law 6134/03 is hereby
further amended only to the extent necessary to give effect to the provisions of
this By-law as set out in Sections 1 and 2 above: Definitions and subject matter
not specifically dealt with in this By-law shall be governed by the relevant
provisions of By-law 3036, as amended.
4. 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 21St day of June; 2010.
David Ryan 4or
Debbie Shields, City Clerk
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SCHEDULE I TO BY-LAW 1055/79 dated May 20th 2003
AMENDED BY BY-LAW 6134/03
AMENDED BY BY-LAW 7059/10
PASSED THIS 21 st
DAY OF June 2010
MAYOR
C77
CLERK