HomeMy WebLinkAboutBy-law 5344/98THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 5 3 4 4/9 8
Being a By-law to amend Restricted Area (Zoning)
By-law 2511, as amended, to implement the Official Plan of
the Town of Picketing District Planning Area, Region of
Durham, in Part of Lot 15, Range 3, B.F.C. (Parts 1 and 5 of
Plan 40R-6080), in the Town of Picketing. (A 2/98)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit
the development of a General Truck Stop for the trucking industry on the subject lands being
South Part of Lot 15, Range 3, B.F.C., more specifically Part 1, Plan 40R-6080, in the Town of
Picketing and to prohibit development on the subject lands being South Part of Lot 15,
Range 3, B.F.C., more specifically Part 5, Plan 40R-6080 in the Town of Picketing;
AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. SCHEDULE I
Schedule I attached to this By-law with notations and references shown thereon is hereby
declared to be part of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in the South Part of Lot 15,
Range 3, B.F.C., more specifically Parts 1 and 5, Plan 40R-6080, in the Town of
Picketing, designated "M2S-1" and "OS-HL-1" on Schedule I attached to this By-law.
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)
"Building Height" shall mean the vertical distance between the established grade
and in the case of a flat roof, the highest point of the roof surface or parapet wall,
or in the case of a mansard roof, the deck line, or in the case of a gabled, hip or
gambrel roof, the mean height level between eaves and ridge. A penthouse tower,
cupola, steeple or other roof structure which is used only as an ornament upon or
to house the mechanical equipment of any building shall be disregarded in
calculating the height of such building.
2)
"Commercial Vehicle" shall mean any vehicle licensed and used for commercial
purposes and, without limiting the generality of the foregoing, shall include a
tractor trailer and a dump track.
3)
"Dwelling Unit" shall mean one or more habitable rooms occupied or capable of
being occupied as a single, independent, and separate housekeeping unit
containing a separate kitchen and sanitary facilities.
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4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
"Dwelling Unit Area" shall mean the aggregate of the floor areas of all habitable
rooms of a dwelling unit.
"Frontage" shall mean all property abutting on one side of a street measured along
the street line.
"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.
"Games Arcade" shall mean any building, room or area in which are offered
facilities for the play of:
a) three or more games of chance;
b) three or more games of mixed chance and skill; or
c)
a combination of three or more games of chance and games of
mixed chance and skill;
for the amusement of the public, which games are not contrary to the Criminal
Code of Canada, but shall not include a room or an area used for any video lottery
terminal use as governed by the Gaming Services Act or premises in which the
only amusement facilities offered are pool tables, billiard tables or bowling alleys.
"General Track Stop" shall mean land or premises upon which a business, service
or industry involving the maintenance, servicing, storage or repair of commercial
vehicles is conducted or rendered including the dispensing of motor fuel or
petroleum products. A General Track Stop may also include a General Track
Stop business office and one (1) accessory dwelling unit to be occupied in
association with the maintenance and security of the premises. A General Track
Stop may include facilities for use by the drivers and occupants of commercial
vehicles such as the retail of accessories or equipment for tracks and similar
commercial vehicles, the retail of convenience items, overnight accommodation,
shower and laundry facilities, a personal service shop, and a games arcade.
"Gross Floor Area" shall mean the aggregate of the floor area of all the storeys of
a building or structure, or a part thereof as the case may be, other than a private
garage, an attic or a cellar.
"Gross Leasable 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.
"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.
"Lot Frontage" 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.
Lot lines have the following meanings:
"Front Lot Line" shall mean the line that divides a lot from the street
provided that in the case of a comer lot the shorter lot line that abuts a
street shall be deemed to be the front line and the longer lot line that so
abuts shall be termed the "flank" of the lot;
b) "Rear Lot Line" shall mean the lot line opposite the front lot line;
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15)
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c)
"Side Lot Line" shall mean a lot line other than a front lot line or rear lot
line;
"Lot Frontage" 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 a dressmaking shop or a photographic studio, but shall not inched
a body-mb parlour as defined in section 224 (9)(b) or the Municipal Act, R.S.O.
1990, Chapter M. 45, as amended from time to time, or any successor thereto.
"Rear Yard Depth" shall mean the shortest horizontal dimension of rear yard of a
lot between the rear lot line 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.
"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 offthe premises, or both on and offthe premises.
"Side Yard Width" shall mean the shortest horizontal dimension of a side yard of
a lot between the side lot line and nearest wall of the nearest main building or
structure on the lot.
PROVISIONS
(1) Uses Permitted ("M2S-I" Zone)
No person shall within the lands zoned "M2S-I" 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)
(b)
(c)
(d)
(e)
(0
General Track Stop
Restaurant- Type A
Games Arcade
Uses permitted under Section 16.1.1 of By-law 2511, as amended
Uses permitted under Section 16.1.3 of By-law 2511, as amended
Uses permitted under Section 17.1.3 of By-law 2511, as amended
(2) Zone Requirements ("M2S-1" Zone)
No person shall within the lands zoned "M2S-I" on Schedule I attached to this
By-law use any lot or erect, alter or use any building except in accordance with
the following provisions:
(a) BUILDING RESTRICTIONS:
(i) Building Location and Setbacks:
A LOT FRONTAGE:
Minimum 140 metres
B FRONT YARD DEPTH: Minimum 15 metres
C
REAR YARD DEPTH: Minimum 7.5 metres
D SIDE YARD WIDTH:
Minimum 7.5 metres
E BUILDING HEIGHT: Maximum 13.0 metres
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(b) PARKING REQUIREMENTS
(i)
parking shall be provided on the subject lands at a ratio of a
minimum of 30 spaces for the first 1000 square metres of gross
floor area plus 1 space per 250 square metres or part thereof of
gross floor area beyond 1000 square metres;
(ii)
Clauses 5.21.2.a) to 5.21.2.c), inclusive, Clause 5.21.2.j) and
5.21.2.k) of By-law 2511, as amended shall not apply to the lands
designated "M2S-I" on Schedule I attached hereto; and
(iii)
Despite Clause 5.21.2.g) of By-law 2511, 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;
(c) SPECIAL REGULATIONS:
(i)
The Gross Leasable Area of accessory retail sales shall not exceed
270 square meters;
(ii)
The Gross Leasable Area of a Restaurant - Type A shall not exceed
120 square meters and such Restaurant - Type A shall only be
permitted in conjunction with a General Truck Stop;
(iii) The Dwelling Unit Area shall not exceed 120 square meters; and
(iv) A
For the purpose of this By-law, the term "drive-through
facility" shall mean a facility at which goods, products, or
services are provided directly to customers in vehicles;
B
No drive-through facility shall be permitted in association
with any of the uses permitted on the lands designated
"M2S-I" on Schedule I attached hereto;
(v)
The Gross Leasable Area of a Games Arcade shall not exceed
50 square metres and such Games Arcade shall only be permitted
in conjunction with a General Truck Stop and shall be patronized
only by the drivers and occupants of commercial vehicles;
(vi) No video lottery terminals shall be permitted.
(3) Holding Provisions
Prior to an amendment to remove the "(H)" - Holding symbol preceding the zone
category "M2S-1", the following condition must be met:
(a)
A development agreement shall be entered into between the Town of
Picketing and the owner of the lands to which the "(H)" - Holding
Symbol applies, and registered on title to the lands, to provide for, but
not be limited to, the easterly extension of Clements Road over Part 4 of
Plan 40R-6080 and storm water management matters related to the
development of Part 1, Plan 40R-6080;
(4) Uses Permitted ("OS-HL-1" Zone)
No person shall within the land designated OS-HL-1 on Schedule I attached
hereto use any land for any purpose except the following:
(a) conservation of the natural environment, soil and wildlife; and,
(b) resource management.
(5)
Zone Requirements ("OS-HL-1" Zone)
No buildings or structures shall be permitted to be erected nor any existing
buildings or structures be modified or changed, nor shall the placing or removal of
fill be permitted, except where buildings or structures are used only for purposes
of flood and erosion control, or resource management.
o
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 to this By-law. Definitions and subject matters not specifically dealt with in this
By-law shall be governed by relevant provisions of By-law 2511, as amended.
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 22nd day of
June ,1998.
Wayne A~." s, Mayor
or, Clerk
(H)M2S-1
OS-HL-1
SCHEDULE ! TO BY-LAW
PASSED THIS 22nd
DAY OF June 1998
5344/98
MAYOR
/
BAYLY STREET
r~SILICON DRIVE .~ ~__~~
Town of Pickering Planning Department
I DATE MAY 28/98