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HomeMy WebLinkAboutBy-law 5836/01ISSUE DATE: Apr. 26, 2001 DECISION/ORDER NO: 0644 Ontario APR 2 7 2001 CITY OF PIOKERING PL001197 PICKERING, ONTARIO Ontado Municipal Board Commission des affaires municipales de I'Ontario 1201262 Ontado Inc. has appealed to the Ontado Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 2511 of the City of Picketing to rezone lands respecting 2000 Clements Road from "M2S" Yard Storage and Heavy Manufacturing to a site specific zone to permit certain accessory uses to occur within an existing truck stop facility such as the retail sales of accessories and equipment for trucks and sale of convenience items, restaurant, games arcade, truck stop business office, shower and laundry facilities, etc. OMB File No: Z000171 APPEARANCES: Parties Counsel 1201262 Ontario Inc. R. E. Jarvis REC-"----E~'V~O' City of Pickering J. R. Hart MEMORANDUM OF ORAL DECISION DELIVERED BY J. R. AKER ON APRIL 247 2001 AND ORDER OF THE BOARD At the opening of the hearing, the Board was informed that the parties had reached a settlement. Mr. Gary Templeton, a qualified planner, provided professional planning evidence on behalf of 1201262 Ontado Inc. In his opinion, the zoning by-law amendments conform to the City of Pickering Official Plan and the Regional Municipality of Durham Official Plan and represents good planning. No one spoke in opposition. The Board accepts the evidence of Mr. Templeton and finds that the amended Zoning By-law complies with the intent of the Official Plan and represents good' planning. Accordingly, the Board will allow the appeal and Zoning By-law 2511 is hereby amended in the manner set out as Exhibit 3 in these proceedings and attached hereto as Attachment 1. THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 5836 /01 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham, in Part of Lot 15, Range 3, B.F.C. (Part 1, Plan 40R-6080), in the City of Picketing. (A 21/00) WHEREAS the Council of the Corporation of the City of Picketing deems it desirable to permit the development of a General Truck Stop for the tracking 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 City of Picketing; AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE ONTARIO MUNICIPAL BOARD HEREBY ENACTS AS FOLLOWS: 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. 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 Part 1, Plan 40R-6080, in the City of Picketing, designated "M2S-1" on Schedule I attached to this By-law. 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 or designed to appeal to erotic or sexual appetites or inclinations. 2) "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. 3) "Business Office" shall mean any building or part of a building in which one or more persons are employed in the management, direction or conducting of an agency, business, brokerage, labour or fi'aternal organization and shall include a telegraph office, newspaper plant and a radio or television broadcasting station and its studios or theatres, but shall not include a retail store; 2 4) 5) 6) 7) 8) 9) lO) 11) 12) "Commercial Vehicle" shall mean a vehicle for commercial purposes, and shall include ambulances, hearses, motor buses, and fire apparatus. "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. "Dwelling Unit Area" shall mean the aggregate of the floor areas of all habitable rooms of a dwelling unit. "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 and may include, as ancillary uses, a business office, one (1) accessory dwelling trait, the retail sale of accessories or equipment for trucks and similar commercial vehicles, the retail sale of convenience items, shower and laundry facilities, a personal service shop, and a games arcade but shall not include an Adult Entertainment Parlour as defined herein. "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 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. (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 Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (c) "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 include 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, or an Adult Entertainment Parlour as defined herein. 14) "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 on and off the premises but shall not include an Adult Entertainment parlour as defined herein. "Waste Transfer and Management Facility" shall mean a building or part of a building which is used primarily for the storage, handling or processing of household, institutional, commercial or industrial waste; (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "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; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, 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; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, 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; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; and 0) "Interior Side Yard" shall mean a side yard other than a flankage side yard. o 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: 4 (2) (a) (b) (c) (d) (e) (0 General Truck 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 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 (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 Floor Area of accessory retail sales shall not exceed 270 square meters; (ii) The Gross Leasable Floor 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; (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-1" on Schedule I attached hereto; o (v) The Gross Leasable Floor 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; (vii) Notwithstanding any other provision in this By-law, a waste transfer and management facility shall not be permitted on lands designated "M2S-1" on Schedule I attached hereto; 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 date of the order of the Municipal Board. Part 1, 40R-6080 M2S-1 SCHEDULE I TO BY-LAW 5836/01 AS MADE BY ONTARIO MUNICIPAL BOARD ORDER DATE APRIL 26, 2001 (O.M.B. FILE Z000171)