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HomeMy WebLinkAboutBy-law 5623/00THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5623/00 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 18, Concession 1, in the City of Picketing. (A 4/99) WHEREAS the Council of the Corporation of the Town of Picketing passed amending By-law 1894/84 to Restricted Area (Zoning) By-law 3036, as amended, to permit the development of light industrial and office uses on a portion of the subject lands, being Part of Lot 18, Concession 1; AND WHEREAS the Council of the Corporation of the Town of Pickering passed amending By-law 2350/87 to Restricted Area (Zoning) By,law 3036, as amended, to permit the development of certain industrial and commercial uses on the subject lands, being Part of Lot 18, Concession 1; AND WHEREAS the Council of the Corporation of the Town of Pickering further passed amending By-law 4452/94, to further amend By-laws 1894/84 and 2350/87, to allow retail warehouses and additional special purpose commercial uses to be established on the subject lands; AND WHEREAS the Ontario Municipal Board approved By-law 5511/99 to Restricted Area (Zoning) By-law 3036, as amended, to permit, in addition to a trade center, the development of large format retailing establishments, on a small portion of the subject lands; AND WHEREAS the Council of the Corporation of the City of Picketing now deems it desirable to permit an automobile service station, and establish one set of performance standards over all of the subject lands, being Part of Lot 18, Concession 1; AND WHEREAS an amendment to By-law 3036, as amended by By-laws 1894/84, 2350/87 and 4452/94, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 18, Concession 1, in the City of Pickering, designated "SPC-2/CA(E)" on Schedule I attached hereto. 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. -2- DEFINITIONS In this By-law, (1) "Accessory Use" shall mean a use customarily incidental and subordinate to the principal use or building and located on the same lot as the principal use or building; (2) "Automobile Service Station - Tyne E" shall mean an establishment where vehicle fuels, lubricants and automobile-related accessories are offered for retail sales, and which may also include one mechanical car wash, the dispensing of propane fuel, other similar vehicle-oriented accessory uses, and limited convenience retail sales within an associated sales kiosk, but shall not include facilities for the repair and maintenance of vehicles, or facilities for the repairing or painting of vehicle bodies; (3) "Build-to-zone" shall mean an area of land in which all or part of a building or buildings are to be located; (4) "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 carded 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; (5) "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 as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; (6) "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 as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; (7) "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, roller skating finks, squash courts, swimming pools and other similar indoor recreational 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 herein; (8) "Dry Cleaning Establishment" shall mean a building or part of a building used for dry cleaning and related processes, but does not include a laundromat; (9) "Duplicating Shop" shall mean part of a building where such items as letters, plans, pictures and documents are reproduced by photostatting, blueprinting or other similar methods; (10) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (11) "Furniture or Major Appliance Sales" shall mean an establishment in which furniture, major appliances or both of them are stored, offered and kept for wholesale or retail; 3 (12) "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; (13) "Home Improvement Centre" shall mean a building or part of a building used for the display, wholesale and retail sale of building materials, hardware or accessories, including cabinets, electrical fixtures, carpets, floor coverings, plumbing supplies, wallpaper, draperies, garden supplies, lumber and swimming pool supplies; (14) "Hotel" shall mean a building, or two or more buildings attached above grade, used for the purpose of catering to the needs of the traveling public by providing overnight sleeping accommodations of not less than 25 bedrooms, and may include uses accessory thereto, including meeting rooms, conference rooms, recreational facilities and dining and lounge areas; (15) "Light Machinery and Equipment Supplier" shall mean a building or part of a building in which office furniture and machines, carpet and drapery cleaning equipment, painting, gardening and plumbing equipment, small hand and power tools, and similar products are stored, offered or kept for wholesale or retail sale to industrial or commercial establishments; (16) "Mechanical Car Wash" shall mean an establishment where facilities are provided for the washing and cleaning of vehicles using production line methods employing mechanical devices wholly enclosed within a building; (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 may include a billiard or pool room, a dance hall, a music hall or a theatre, but shall not include a games arcade or an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; (18) "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 physician, but shall not include a body-mb parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; (19) "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 the premises or offthe premises, or both on and offthe premises; (20) "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, foods, substances, articles or things are stored, kept and offered for retail sale to the public; (21) "Retail Warehouse - Type A" shall mean a warehouse of at least 5000 square metres, having a floor-to-ceiling height of at least 6.0 metres, and in which more than 10% but less than 90% of the gross floor area is used for retail sales, but does not include a supermarket or department store; (22) "Retail Warehouse - Type B" shall mean a warehouse of at least 1400 square metres, and less than 5000 square metres, having a floor-to-ceiling height of at least 5.0 metres, and in which more than 10% but less than 90% of the gross floor area is used for retail sales, but does not include a supermarket or department store; 4 (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 sale of vehicle fuels; 5. PROVISIONS (1) Uses Permitted ("SPC-2/CA(E)" Zone) No person shall within the lands designated "SPC-2/CA(E)" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) 0) (k) (1) (m) (n) (o) (P) (q) (r) automobile service station - type E business office club commercial club commercial-recreational establishment dry cleaning establishment duplicating shop financial institution furniture or major appliance sales home improvement centre hotel light machinery and equipment supplier place of amusement or entertainment professional office restaurant - type A retail warehouse - type A retail warehouse - type B vehicle repair shop (subject to section 5.(2)(c)(ii)) (2) Zone Requirements ("SPC-2/CA(E)" Zone) No person shall within the lands designated attached hereto, use any lot or erect, alter, accordance with the following provisions: "SPC-2/CA(E)" on Schedule I or use any building except in (a) BUILDING RESTRICTIONS: (i) Building Location and Setbacks: A All buildings and structures, except structures deemed a landscape feature, shall comply with the minimum setbacks illustrated on Schedule I attached hereto; B A minimum of the length of the build-to-zones, as illustrated on Schedule I attached hereto, shall contain a building or buildings, or part of a building or buildings; C Despite subsection B above, accessory structures shall not be located within any build-to-zone illustrated on Schedule I attached hereto; (ii) Building Height: A maximum of 22.0 metres; B minimum of 5.0 metres in any build-to-zone; C despite subsection B above, a sales kiosk and mechanical car wash associated with an automobile service station - type E that is located within the build-to-zone illustrated on Schedule I attached hereto may provide a minimum height of 3.5 metres; (b) PARKING REQUIREMENTS: (i) For hotels, there shall be provided and maintained on the subject lands a minimum of 1.0 parking space per bedroom, plus 3.6 spaces per 100 square metres of non-bedroom floor area, excluding washrooms, lobbies and corridors; (ii) For business and professional offices, there shall be provided and maintained on the subject lands a minimum off A 4.5 parking spaces per 93 square metres of gross leasable floor area for the first 929 square metres of gross leasable floor area; and, B 2.5 parking spaces per 93 square metres of gross leasable floor area for all gross leasable floor area in excess of 929 square metres; (iii) For retail warehouses, there shall be provided and maintained on the subject lands a minimum of 4.0 parking spaces per 100 square metres of gross leasable floor area; (iv) For an automobile service station - type E, there shall be provided and maintained on the subject lands a minimum of 10 parking spaces; (v) For all other permitted uses listed in section 5.(1) of this by-law, there shall be provided and maintained on the subject lands a minimum of 5.0 parking spaces per 100 square metres of gross leasable floor area; (vi) Sections 5.21.2 a) to 5.21.2 e) of By-law 3036, as amended, shall not apply to the lands designated "SPC-2/CA(E)" on Schedule I attached hereto; (vii) Despite sections 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; and, (viii) All parking areas shall be setback a minimum of 3.0 metres from any lot line, and the lands that constitute this setback shall be used for landscape purposes; 6 (c) SPECIAL REGULATIONS: (i) All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outdoor storage or display; except, A For a home improvement centre, lumber and other supplies may be stored or displayed outside to a maximum area of 1860 square metres, and all such storage and display areas shall be completely screened from all public roads by buildings, structures, walls, fences, landscaping, or any combination thereof; B For a retail warehouse - type A, ancillary seasonal products may be stored or displayed outside, and/or an associated outdoor garden centre may be established, to a maximum area of 1860 square metres, and all such storage and display areas shall be completely screened from all public roads by buildings, structures, walls, fences, landscaping, or any combination thereof; (ii) A vehicle repair shop shall be permitted only as an integral component of, and in conjunction with, a retail warehouse - type A; (iii) A maximum of one automobile service station - type E shall be permitted on the lands designated "SPC-2/CA(E)" on Schedule I attached hereto; (iv) The aggregate of the gross leasable floor area of all associated sales kiosks to an automobile service station -type E shall not exceed 100 square metres; The gross leasable floor area of a mechanical car wash associated with an automobile service station - type E shall not exceed 125 square metres; (vi) Any building, structure or storage tank devoted to the dispensing of propane fuel shall not exceed a maximum height of 2.5 metres. (vii) The sale of limited convenience items within any sales kiosks associated with an automobile service station-type E shall not exceed 50 percent of the aggregate of the gross leasable floor area of all associated sales kiosks; (viii) Despite subsections 5.(2)(c)(i) and 5.(2)(c)(vii) of this By-law, a maximum area of 10.0 square metres may be used for the outdoor storage and display of limited convenience items accessory to an automobile service station - type E; BY-LAW (1) By-laws 1894/84 and 5511/99, only as it affects the subject lands designated "SPC-2/CA(E)" on Schedule I attached hereto, are hereby repealed. (2) By-laws 2350/87 and 4452/94 are hereby repealed. 7 (3) By-law 3036, as amended, is hereby further amended only to the extem 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 3036, 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 this21 ~ay of February ,2000. Wayne Arthurs, Mayor .:: .... -~ .. Bruce Taylor, Clerk -- L,~ .~ (~,,' PICKERING SPC-2/CA(E) ~ I MINIMUM SETBACK BUILD-TO-ZONE SCHEDULE T TO BY-LAW 5623/00 PASSED THIS 21st DAY OF February 2000 MAYOR CLEI~ February 18, 2000 INTERDEPARTMENTAL CORRESPONDENCE TO: PLANNING AND DEVELOPMENT DEPARTMENT Bruce J. Taylor City Clerk FROM: Ron Taylor Planner 1 ge~ Draft Amending By-law for Zoning By-law Amendment Application A 4/99 Steele Valley Developments Limited (Canadian Tire) Part of Lot 18, Concession 1 (South-east comer of Brock Road and Picketing Parkway) Council, on December 20, 1999, approved Zoning By-law Amendment Application A 4/99 to allow the. establishment of a gas bar and automobile-related accessory uses (including an automatic car wash facility and propane fuel dispensing tank), and to establish one set of performance standards for the proposed gas bar development and existing Canadian Tire Store, on the subject lands. Conditions of approval have now been satisfied (including Council's satisfaction with the finalization of the design of the realignment of Pickering' Parkway, as expressed in Council Resolution #09/00 passed on February 7, 2000), and a draft amending by-law has been prepared. The draft by-law has been circulated to and approved by the applicant, and is attached for the consideration of Council at their meeting scheduled for February 21, 2000. A Statutory Public Meeting was held for this application on June 17, 1999. Please note that this by-law may be given all three readings at the February 21 st Council Meeting. The purpose and effect of this by-law is to allow a gas bar, and automobile-related accessory uses to be established on the subject lands, and to establish one set of performance standards over the entire property supporting an existing Canadian Tire Store and proposed gas bar, with related accessory uses. A small portion of the Metro East Trade Centre lands, intended to be owned by Canadian Tire in the very near future following the land exchanges facilitating the realignment of Pickering Parkway, will also be zoned through the approval of this by-law. Zoning these lands now will ensure that all future lands owned by Canadian Tire fall under one zoning designation. The owners of the Metro East Trade Centre lands have been contacted by staff, and have no objection to the small amount of their lands being zoned through the approval of the enclosed zoning by- law. If you require further assistance or clarification, please do not hesitate to contact the undersigned. I concur that this by-law be considered at this time. RST/ab/ph Enclosure canti~lkbym~m.do~