HomeMy WebLinkAboutBy-law 2630/87 Ontario
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
IN THE MATTER OF Section 34 of the
Planning Act, 1983
AND IN THE MATTER OF an appeal to this
Board by Southland Canada Inc. for an
order amending By-law 3036 of the Town of
Pickering to rezone the lands situated at
the northeast corner of Whites Road and
Highway #2 (Kingston Road) from
"Residential" to "Co~nercial" to permit
the construction of a convenience food
store and self-serve gas bar on the said
lands
O.M.B. File No. Z 860141
Z 860141
BEFORE:
J. A. WHELER
Member
- and -
R. W. RODMAN
Member
Wednesday, the 30th day
of September, 1987
THIS MATTER having come on for public hearing this day and after the hearing;
THE BOARD ORDERS By-law 3036 of the Corporation of the Town of Pickering is
hereby amended in accordance with Schedule "A" attached hereto and forming part
of this order.
E N T E R E D
O. B. Uo ~' ~'(" - / "
Ontario
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
SCHEDULE "A"
tO the order of the Ontario Municipal Board made on
the 30th day of September, 1987.
Z 860141
SECRETARY
Being a By-law to &mend Rsstricted Ars·
(Zoning) By-law 3036, aa amended, to
~uplaudnt the Official Plea of ~ ~ of
P~cbr~g D~o~r~c~ Planing ~ea, brian of
D~h~, ~n ~t 5, Plan 456, In ~ TO~ Of
P~cker~g. (A
WI~ItEAS it ia deemed dsslrable to ~rmlt th· devslol~nant of s
being Pert of Lot 5, Plea 456, Ln the Tow~ of Plcksr£n9;
AI~D MHERY. AS sn udnd~ent to By-lay 3036, as &uendad, Is therefore
MOM TH~I~EFOItE THE CO~qCIL OF T~ CORPOP~?ION OF TH~ TOWH OF
PICI~RXNG H~I~BY EHACTS AS
1. S~I~DULE °l"
Scheduls "lo attached hereto with notations and refer·ncaa
shown thereon la hereby declared to bm part of this
By-law.
2. A~ZA RESTRICTED
The provisions of this By-law shall apply to ~hoaa leads
~n P~rt of Lot 5, Plan 456, Pick·ring, design·tod
"C14/G$1" on Schedule "1' attached her·to.
3. ~tAL PIt,VISIOnS
Bo build·or, land or part thereof shall hereafter Me used,
occup£ad, erected, moved or Structurally altered except
~n conformAty with the provisions of thLa By-lsw.
4. DE;FZ#ZT ZO~S
In this By-lay,
"Automobile Service StetSon - Ty~e "A" shall mean an
and accessories are offered for retail sale;
(2)
"~ross Leasable Floor Ares° shall usaa the aggregate
of the floor areas of all storeys above or below
established grade, designed for o~nar or tenant
occupancy or satin·lye uso only, but excluding storage
a~eas bolos·st·bilobed gradeJ
-2 -
{4)
(5)
(6)
(7)
which food, d~ugs, periodicals or a~uller ltiml
of day°to-day household necessity ate kept for
retell sale~
"Parking Space" sh~ll Man a usable and accessible
ifil o! riot llll than 15.95 square u-trei,'for the
~emporlry Perking of a vehLcle, but shell not lncl~e
~y ~r~Aon of a p~k~ng OAsXe or ~vevoM;
'bteil Store' shall man a building or pate o£ ·
building In which goods, wares, morch~dioe,
lub~anCel, erticlel or th~ngl ire leered, kept end
offered for retail sale to ~d public;
'Structure Relqht° shall men the vertical distance
betwen the grade and tho highest point of the structure.
PROVZSZONS
(1) Uses Peruitted ("C14/GSl" Zone)
Zo per,on s~ll within the lands delig~ated "Ci4/GSI"
on Schedule "I" attached hereto use any lot SE erect,
alter or use any bulld~ng or structure for ~y
p~le e~ept the tallying:
(e) automobile service oration - type
(b) convenience store
(2) Zone Itequ~rements ("Cl4/GSI" Zone)
(a) For tho purpose of this subsection,
(i)
the lot l~ne abutting Tho Xing*a Highway
JJo. 2 (Elngston load) and tho lot line
abutting whites Road, or abutting reserves,
shall ho deemed to be front lot lines;
(ii) all other lot l~mes shell be
i~de lot
(iii)
there shell ho no other front lot l~nes, no
and no rear lot IAnee.
(b) Subject to Section 5.? of By-law 3036, el amended
no person shell, within the lands designated
"C14/GSl" On Schedule oX" attached hereto,
any lot or erect, liter or uae any building or
structure except in compliance with the following
provis~Onez
(l) SETIACI< IZQUZIniZIITS (Lin. iamB);
Tho mAn~-um setback Of any ma~n building
or It:ucturl, IlCtpt I IL~ or c~opy, shall
b 8.0 Meres ~r~ the Highway 2 fron~ lot
line and 9.0 Merci rrm ~e ~itel R~d
front lot l~ne.
cont~nned ....
o ].
u The mLn~um setback of any laLn building
or itz~t~l, e~ept I i~gn oz c~py,
C All ·CCelSOry IT*rucT*U~Sl T-hit irt coT* pert
o£ tho main building shall b4 erected not
~ess T*b~n $.0 ~T*~es £rol in¥ loT* l~el
(ii) ·UTLDZJIG I~rGHT (B~x:LBuB) s
(iii) LOT COVEIAG~ (m~B~,m):
(iv) STRUCTUB.~ HEXGHT (mO~lmUm)S
(v) PAAEXIIG lr~UXILENE]iTS~
(vi)
33 percent
10 me~ces
A These shall be provided sad matnts£ned on
tho s~bJect lands a iXnXJB~Ul of 4 parking
spsces for each 93 oquire liT. fsi SE pert
· Section 5.21.2h) of By-lay 3036, as
amended shall noT* ·pply to the lands
desig~sted eCl4/GSl" on Sch·duXe "X"
C DelpiT*l Section S.21.2g) of By-lev 3036,
ir a~ended, ell parking &:lei ih~ll be
paved &nd IlCh pst]ting ipace she1! be marked.
SPEC XAL I~STIZCTZOWS ~
Tbs sggregaT*e of ~he gross leasable floor irsa
of all convenience sT*ores on T-ho lands
designsted °CI4/GSI' on Schedule si' attached
horeto sh·ll not ·xceed 260 iquirs metres.
BY-LAM 3036
3036, ·S ~mended, is ho:nby f~u'ther &~enclod only to
By-lay as ~t a~lleo to ~ area M~ out ~
Sc~dule 'X' a~ached ~Feto. ~nAtXons ~
gove~ed by tho relov~ p~v~s~ono o~ ·y-l·w 3036,
mndod.
?. EIiFOJtC::E~KMT
(1) Any person vho conT*revecol any of T-ho provisions of this
Dyolsw is guilty of an offence and on conviction is
Il·bls,
(·) on · firsT* convtctLun to · SUm of noT* more than
$20,000; and
(b! on · subsequenT* co~vtctlon to · fine of noT* more
~ S10,000 for each d~yor i~rT* thereof upon
u~tch tho contravention bas conT*~nund efT*er T-be day
o~ v~tch be Vel fLrlt anvic~Jd.
tho mLx~mua penslty that My ~ ~oed ~s,
(i) on a fLrlt conv/ct~n I ~e of ~t ~re t~
S50,000; ~d
~ S25,000 for olch ~y or p~t t~reof ~n
vh/ch tM ~ntrivent/on ~l Men confined ester the
day on which tM co~rmt~n vii t~it convXcted,
(3) Uhero a convicT*rrm il enT*ered under subcoctlon (Z)
tn &ddlT*Xon to any other remedy or penalty by lev,
courT* Xn which the convLcT*Xon has been entered, and
any cou~t of compeT*ent Jurtodict~on thereafter, may
make an order prohibiT*Lng the continuation or repet:i.T*lon
of T-ho offence by the percon convicT*ed,
8. EFFZCTXVZ DATE
This By-lay shall tske effect fro~ T-ho day of
psssing hereof.
C14/GS1
SO~EDULE ~" TO BY-I..~V
PASSED THIS ,
DAY OF I~
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2630/87
Being a by-law to amend Restricted Area
(Zoning) By-law 3036, as amended, to
implement the Official Plan of the Town
of Pickering District Planning Area, Region
of Durham, in Lot 5, Plan 456, in the
Town of Pickering. (A 41/84}
WHEREAS it is deemed desirable to permit the development of a convenience
store and automobile service station on the subject lands, being Part of
Lot 5, Plan 456, in the Town of Pickering;
AND WHEREAS an amendment to By-law 3036, as amended is therefore
necessary;
NOW THEREFORE the Council of the Corporation of the Town of Picketing
HEREBY ENACTS as follows:
1. SCHEDULE "I"
Schedule "I" attached hereto 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 Part of
Lot 5, Plan 456, Pickering, designated "C14]GSI' on Schedule 'l'
attached hereto.
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)
"Automobile Service Station Type "A' shall mean an
establishment where only vehicle fuels, lubricants and accessories
are offered for retail sale;
(9)
"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;
(3)
"Lot Coverage" shall mean the percentage of lot area covered
by all buildings on the lot;
(4)
"Convenience Store" shall mean a retail store in which food,
drugs, periodicals or similar items of day-to-day household
necessity are kept for retail sale;
(5)
"Parking Space" shall mean a usable and accessible area of
not less than 15.95 square metres, for the temporary parking
of a vehicle, but shall not include any portion of a parking
aisle or driveway;
(6)
(7)
"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 grade and the highest point of the structure.
PROVISIONS
(1) Uses Permitted ("CI4/GSI" Zone)
No person shall within the lands designated "CI4/GSI" 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)
automobile service station - type
convenience store
(2) Zone Requirements ("C14/GSI" Zone)
(a} For the purpose of this subsection,
the lot line abutting the King's Highway No.
2 (Kingston Road) and the lot line abutting
Whites Road, or abutting reserves, shall be
deemed to be front lot lines;
(ii) all other lot lines shall be deemed to be side
lot lines;
{iii)
there shall be no other front lot lines, no other
side lot lines, no flankage lot lines and no rear
lot lines.
(b)
Subject to Section 5.7 of By-law 3036, as amended no
person shall, within the lands designated "CI4/GSI"
on Schedule "I" attached hereto, use any lot or erect,
alter or use any building or structure except in
compliance with the following provisions:
(i} SETBACK REQUIREMENTS (minimum}:
A
The minimum setback of any main building
or structure, except a sign or canopy, shall
be 8.0 metres from the Highway 2 front
lot line and 9.0 metres from the Whites
Road front lot line.
B
The minimum setback of any main building
or structure, except a sign or canopy, from
a side lot line shall be 3.0 metres;
C
All accessory structures that are not part
of the main building shall be erected not
less than 3.0 metres from any lot line;
(ii) BUILDING HEIGHT (maximum): 10 metres
(iii) LOT COVERAGE (maximum):
33 percent
(iv) STRUCTURE HEIGHT (maximum): 10 metres
continued .....
3
(v) PARKING REQUIREMENTS:
A
There shall be provided and maintained on
the subject lands a minimum of 4 parking
spaces for each 93 square metres or part
thereof gross floor area;
B
Section 5.21.2(b) of By-law 3036, as amended
shall not apply to the lands designated
'CI4/GSI' on Schedule '1' attached hereto;
C
Despite Section 5.21.2{g) of By-law 3036,
as amended, all parking areas shall be paved
and each parking space shall be marked.
(vi) SPECIAL RESTRICTIONS:
The aggregate of the gross leasable floor area
of all convenience stores on the lands designated
"C14/GSIn on Schedule "I" attached hereto shah
not exceed 260 square metres.
BY-LAW 3036
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.
7. ENFORCEMENT
(1)
Any person who contravenes any of the provisions of this By-
law is guilty of an offence and on conviction is liable,
(a)
on a first conviction to a fine of not more than $20,000;
and
(b)
on a subsequent conviction to a fine or not more than
$10,000 for each day or part thereof upon which the
contravention has continued after the day on which
he was first convicted.
(2)
Where a corporation is convicted under subsection (1), the
maximum penalty that may be imposed is,
(a) on a first conviction a fine of not more than $50,000;
and
(b)
on a subsequent conviction a fine of not more than
$25,000 for each day or part thereof upon which the
contravention has been continued after the day on which
the corporation was first convicted,
and not as provided in subsection (1).
(3)
Where a conviction is entered under subsection (1), in addition
to any other remedy or penalty by law, the court in which
the conviction has been entered, and any court of competent
jurisdiction thereafter, may make an order prohibiting the
continuation or repetition of the offence by the person
convicted.
8. EFFECTIVE DATE
This By-law shall take effect from the 30th day of September, 1987.
BY-LAW APPROVED BY THE ONTARIO MUNICIPAL BOARD ON
SEPTEMBER 30, 1987. lOMB FILE - Z860141)
C14/GS1