HomeMy WebLinkAboutBy-law 5994/02PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
June 11, 2002
To:
From:
Subject:
Bruce Taylor
City Clerk
Tyler Bamett
Planner
Draft Amending By-law for
City Intiated Zoning By-law Amendment Application A 02/02
O.P.B. Realty
(Pickering Town Centre)
Part of Lot 21 and 22, Concession 1
(1355 Kingston Road)
City of Pickering
On June 10, 2002, Planning Committee recommended approval of
Zoning By-law Amendment Application A 02/02 to permit the establishment of free
standing office buildings in the south sector of the subject lands.
The attached draft by-law has been circulated to and approved by the applicant. Should
Council adopt the recommendation of the Planning Committee at their June 17, 2002
meeting, Council may consider the attached Zoning By-law later on that same meeting.
A Statutory Public Meeting was held for this application on March 21, 2002.
Please note that this by-law may be considered at the June 17, 2002 Council Meeting,
provided Council approves the above noted application earlier that same meeting.
The purpose and effect of this by-law is to amend the zoning of the subject lands to permit
the establishment of free standing office buildings in the south sector of the subject lands.
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.
DN.e~~ment
TB/td
Attachment
Tl~.nm'~TC~o~lawmon.doc
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
5994/02
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 Lots 21 and 22, Concession 1, in the City of Pickering. (A 02/02)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to add
free standing office uses to the existing commercial uses for the subject lands being Part of Lots
21 and 22, Concession 1, in the City of Pickering.
AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
SCHEDULES I AND II
Schedules I and II attached hereto 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 in Part of Lots 21 and 22, Concession
1, in the City of Pickering, designated "MCA-l", "MCA-1/GS3", "MCA-l/CO-l",
"MCA-I/CO-2" "MCA-2", "MCA-2/GS3", on Schedule I attached hereto.
o
GENERAL PROVISIONS
No building, land or part thereof shall herea~er be used, occupied, erected,
structurally altered except in conformity with the provisions of this By-law.
moved or
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 or designated to appeal to erotic or sexual appetites or
inclinations;
(2)
"Assembly 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 hall;
(3)
"Automotive Service Station - Type B" shall mean an establishment where vehicle
fuels, lubricants and accessories are offered for retail sale, and where facilities for the
repair and maintenance of vehicles may be provided on the premise but shall not
include an establishment engaged in repairing or painting vehicle bodies;
(4)
"Bakery" shall mean a building or part of a building in which food products are baked,
prepared and offered for retail sale, or in which food products baked and prepared
elsewhere are offered for retail sale;
2
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
"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 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;
"Club" shall mean a building or part of 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 herein;
"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 herein;
"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 a stadium
but shall not include a place of amusement or entertainment as defined herein;
"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;
"Day Nursery" shall mean lands and premises duly licensed pursuant to the provisions of
The Day Nurseries Act, or any successor thereto, and for the use as a facility for the
daytime care of children;
"Dry Cleaning Depot" shall mean a building or part of a building used for the purpose of
receiving articles, goods, or fabrics to be subjected to dry cleaning and related processes
elsewhere, and of distributing articles, goods or fabrics which have been subjected to any
such processes;
"Dry Cleaning Establishment - Non-venting" shall mean a building where a dry cleaning
plant, with a dry weight capacity of 60 pounds which does not vent gases or odours and is
operated separately or in association with dry-dyeing, cleaning, laundering, pressing or
incidental tailoring or repair of articles or goods of fabric is carried on, in which only non-
flammable fabrics are or can be used which do not omit noxious odours or fumes and in
which no noise or vibration causes a nuisance to neighbouring premises;
"Financial Institution" shall mean a building or part of a building in which money is
deposited, kept, lent or exchanged, and which includes a chartered bank or a branch
thereof;
"Floor Area" shall mean the aggregate of the floor surface contained within the outside
walls of a storey;
"Floor Space Index" shall mean the ratio of the aggregate of the floor areas of all buildings
and structures within a defined land area to the area of the defined land area.
"Food Store" shall mean a building or part of a building in which food, produce and other
items or merchandise of day-to-day household necessity are stored, offered and kept for
retail sale to the public;
"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;
3
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(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 does not include premises in which the only amusement facilities offered are
pool tables, billiard tables or bowling alleys;
"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;
"Laundromat" shall mean a self-serve clothes washing establishment containing washing,
drying, ironing, finishing or other incidental equipment;
"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 a 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;
"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;
"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 dressmaking shop or a photographic studio, 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;
"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 which may
include a billiard or pool room, a dance hall, a music hall, or a theatre, but shall not
include a room or an area used for any video lottery terminal use governed by the Gaming
Services Act, an adult entertainment parlour as defined herein, or 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;
"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-mb parlour as defined in the Municipal Act, R.S.O.
1980, Chapter 302, as amended fi.om time to time, or any successor thereto;
"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;
"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;
"Structure Height" shall mean the vertical distance between the established grade and the
highest point of the structure;
"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 saleofvehicle fuels;
4
(29)
"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;
5. PROVISIONS
(1) (a) Uses Permitted ("MCA-l", "MCA-2", "MCA-l/CO-l" and "MCA-I/CO-2" Zones)
No person shall within the lands designated "MCA-l", "MCA-2", "MCA-I/CO-l"
and "MCA-I/CO-2" on Schedule I attached hereto use any lot or erect, alter or use
any building or structure for any purpose except the following:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii)
(xviii)
(xix)
(xx)
assembly hall
bakery
business office
club
commercial club
commercial-recreational establishment
commercial school
day nursery
dry cleaning depot
dry cleaning establishment - non-venting
financial institution
food store
games arcade
laundromat
personal service shop
place of amusement or entertainment
professional office
restaurant - type A
retail store
vehicle repair shop
(b) Permitted Uses ("MCA-1/GS3" and "MCA-2/GS3" Zones)
No person shall within the lands designated "MCA-1/GS3" and "MCA-2/GS3" on
Schedule I attached hereto use any lot or erect, alter or use any building or structure
except in accordance with the following provisions:
(i)
(ii)
(iii)
all uses permitted in Section 5(l)(a)
automobile service station - type B
mechanical car wash
(2) (a) Zone Requirements ("MCA-l", "MCA-I/GS3", "MCA-l/CO-l", "MCA-I/CO-2",
"MCA-2" and "MCA-2/GS3" Zones)
No person shall within the lands designated "MCA-l", "MCA-1/GS3",
"MCA-I/CO-I", "MCA-1 /CO-2", "MCA-2" and "MCA-2/GS3" on Schedule I
attached hereto use any lot or erect, alter or use any building or structure except in
accordance with the following provisions:
(i) BUILDING LOCATIONS:
A No building or part of a building shall be erected outside of the building
envelope illustrated on Schedule II attached hereto;
B
No building or part of building or buildings shall be erected, on the lands
designated "MCA-l/CO-l" on Schedule I attached hereto, unless a
minimum 70 % of the length of the building is located within the build to
zone;
5
(i)
(iii)
(iv)
(v)
C
No building or part of building or buildings shall be erected, on the lands
designated "MCA-I/CO-2" on Schedule I attached hereto, unless a
minimum 70 % of the length of the building is located within the build to
zone;
BUILDING HEIGHT:
A maximum: 23.0 metres;
B
Despite A above, the minimum building height shall be 24 metres and 8
storeys and the maximum building height shall be 60 metres and 20
storeys on the lands designated "MCA-1/CO-I" on Schedule I attached
hereto;
C
Despite A above, the minimum building height shall be 9 metres and
three storeys and the maximum building height shall be 21 metres and 7
storeys on the lands designated "MCA-I/CO-2" on Schedule I attached
hereto.
FLOOR SPACE INDEX:
A For the purpose of calculating floor space index each area designated on
Schedule I attached hereto shall constitute a separate "defined land area".
B Maximum floor space index for each defined land area designated on
Schedule I attached hereto shall be 2.5.
C
Despite the definition of Floor Space Index in Section 4(15) of this By-
law, the floor area of any floor of a parking structure, which is below
grade on all sides, shall not be included in the calculation of floor space
index.
OUTDOOR SALES AND DISPLAY: despite the definition of Retail
Store in Section 4(26) of this By-law, an outdoor sales and display area of
not more than 650.0 square metres may be established and maintained in
conjunction with and as accessory to any retail store having a gross leasable
floor area in excess of 7,400.0 square metres.
PARKING REQUIREMENTS:
In order to determine the minimum number of parking spaces required to be
provided, the steps outlined in the following paragraphs apply:
A
The minimum required number of parking spaces shall be determined by
grouping all uses into two use categories, as outlined in paragraph F, and
applying the following standards:
(I) Retail: 5.0 spaces per 100 square metres of gross leasable floor area
(II) Office: 3.5 spaces per 100 square metres of gross leasable floor area
This will yield two numbers, being the basic minimum number of parking
spaces for each of the two use categories.
B
For each of the two categories, and for each of the time periods indicated
on each of the Tables 1 and 2, multiply the basic minimum number of
parking spaces (obtained in accordance with paragraph A above) by the
factor indicated in the cell of the table. This will yield the adjusted
minimum number of parking spaces by time period per use category.
C
For each time period in Table 1 and 2, add the adjusted minimum number
of parking spaces for the two use categories. This yields six numbers
being the adjusted total number of parking spaces per time period.
6
D
E
F
G
H
J
K
The highest of the six numbers obtained in accordance with paragraph C
above is the total adjusted minimum number of parking spaces for all
uses.
Table 1
Peak Period Factors (Average Weekday)
Land Use Morning Afternoon Evening
(7 am - 12 pm) (12 pm - 6 pm) (6 pm - 12 am)
Office 1.00 .95 .15
Retail .50 .70 .75
Total
Table 2
Peak Period Factors (Average Weekend)
Land Use Morning AfternOon Evening
(7 am - 12 pm) (12 pm - 6 pm) (6 pm - 12 am)
Office .15 .15 .10
Retail .75 1.00 .50
Total
For the purposes of section 5.(2)(v), and for applying the figures in
Tables 1 and 2, use categories are determined in accordance with this
paragraph. The following uses are considered:
(i)
"Retail" uses: assembly hall, bakery, club, commercial club,
commercial-recreational establishment, commercial school, day
nursery, dry cleaning depot, dry cleaning establishment - non-
venting, financial institution, food store, game arcade,
laundromat, personal service shop, place of amusement or
entertainment, restaurant - type A, retail store, and vehicle repair
shop.
(n)
The following uses are considered "Office" uses: business office
and professional office.
Despite paragraphs A to F above, for automobile service station - type B
and mechanical car wash uses, there shall be provided and maintained on
the lot a minimum of 4.0 parking spaces per 100.0 square metres or part
thereof of gross leasable floor area;
For any mechanical car wash on the lot, there shall be provided and
maintained at each vehicular entrance thereto a vehicular stacking area
consisting of an aisle with a minimum perpendicular width of 3.0 metres,
a minimum overall length of 60.0 metres, and a minimum centre-line
turning radius of 7.5 metres for the purpose of accommodating a
vehicular queue.
All parking areas shall be surfaced with brick, asphalt or concrete, or any
combination thereof;
All parking areas shall be set back a minimum of 3.0 metres from any
road allowance and the lands which constitute this setback shall be used
for landscape purposes;
Any parking structure or part thereof which is below grade on all sides
shall comply with the provisions of Section 5(2)(a)(v)J of this By-law;
7
L The maximum structure height for all parking structures shall be 10.0
metres;
M
A shelter, not more than 3.5 metres in height and having a floor area less
than 6.5 square metres, may be erected in a parking area for the use of
parking lot attendants and must comply with the minimum yard setbacks
of Section 5(2)(a)(i) of this By-law.
(vi) SPECIAL REGULATIONS:
A
All business office and professional office uses in a building located
within the "MCA-l" zone shall not exceed 10 percent of the gross
leasable floor area of that building;
B
No building, except when used as a mechanical car wash, parking
attendant's shelter, or a kiosk associated with an automobile service
station - type B, shall have a floor area of less than 400.0 square metres.
C
A vehicle repair shop may only be permitted in conjunction with and as
accessory to any retail store having a gross leasable floor area in excess
of 7,400.0 square metres.
D
(i)
Despite section 5(2)(a)(iv) a portion of the parking area generally
identified by the crosshatched area on Schedule I attached hereto,
may be used for a maximum 1000 square metre outdoor garden
centre from April 1 to June 30 of every calendar year for the years
2001, 2002 and 2003 only.
(II)
Section 5.(2)(a)(v) shall not apply to an outdoor garden centre
located in the cross hatched area as identified on Schedule I
attached hereto.
(III)
Despite the parking requirements of Section 5.(2)(v) the total
number of required parking spaces to be provided on-site may be
reduced by 45 spaces, while the outdoor storage associated with a
garden centre use exists within the parking area as generally
identified by the crosshatched area on Schedule I attached hereto.
E
The aggregate of the gross leasable floor area of business office and
professional office uses shall not exceed 34,000 square metres within the
lands designated "MCA-l/CO-l" and "MCA-I/CO-2" as illustrated on
Schedule I attached hereto.
7. BY-LAW 3036
(1)
By-law 3036, 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 the relevant provisions of By-law 3036, as amended.
(2)
Sections 5.21.2(a), 5.21.2(b), 5.21.2(d), 5.21.2(e), 5.21.2(0, 5.21.2(i), and 5.21.2(k) of By-law
3036, as amended, shall not apply to the lands designated "MCA-l", "MCA-I/GS3",
"MCA-l/CO-l", "MCA-I/CO-2", "MCA-2" and "MCA-2/GS3" on Schedule I attached
hereto.
(3) By-law 2920/88 which amended By-law 3036 is hereby revoked.
8
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 17 day of
June ,2002.
B~4~ce ;r~(ylor, Clerk
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MCA-2
GS3.
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MCA~I/GS3
DELINEATES ZONE BOUNDARY AND "DEFINED LAND AREA" BOUNDARY
GARDEN CENTRE AREA
SCHEDULE I TO BY-LAW
PASSED THIS 17
DAY Of June '2002
5994/02
MAYOR
CLERK
\
.3A-1/GS3
0
MCA-2
GS3
MCA-1
_.l
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MCA-I/CO-1
BUILDING ENVELOPE
BUILD-TO-ZONE
SCHEDULE Tr TO BY-LAW 59_.4!o'z_
PASSED THIS 17
DaY OF June 2002
CLERK
FINCH
FINCH
L:'VERTON
AV[NUE
LANE
ROAD
OLENANNA
SUBJECT
PROPERTY
City of Pickering
TATI~
Planning & Development Deparb~-~ent
IDATE JUN 13,2002