HomeMy WebLinkAboutBy-law 6070/02THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6o70/02
Being a By-law to amend Restricted Area (Zoning) By-law 2511, as
amended, to implement the Official Plan of the City of Pickering District
Planning Area, Region of Durham in Lots 1-7 and 10, Plan M-1040, City of
Pickering.
(A13/02)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to
broaden the range of permitted employment area uses on the subject lands, being
Lots 1-7 and 10, Plan M-1040, City of Pickering;
AND WHEREAS an amendment to By-law 2511, as amended, 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
hereby declared to be part of this By-law.
thereon is
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Lots 1-7 and 10,
Plan M-1040, City of Pickering, designated "(H)MC-17" and "OS-HL" on
Schedule I attached hereto.
GENERALPROVISIONS
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.
(1)
(2)
(3)
DEFINITIONS
In this By-law,
"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;
"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;
"Banquet Facility" shall mean a building or part of a building used for the purposes
of catering to banquets, weddings, receptions, or similar functions for which food
and beverages are prepared and served on the premises but shall not include a
restau rant;
(4)
"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 fraternal 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;
(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;
(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 herein;
(7)
"Commercial-Recreational Establishment" shall mean a commercial
establishment in which indoor recreational facilities arc; provided, and which may
include an athletic or recreational club, but shall not include any uses permissible
within a place of amusement or entertainment as defined herein;
(8)
"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, an art school, a
golf school or any other school operated for gain or profit;
(9)
"Convenience Store" shall mean a retail store in which food, drugs, periodicals or
similar items of day-to-day household necessities are kept for retail sale primarily
to residents of, or persons employed in, the immediate neighbourhood;
(10)
"Dry Cleaninq 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 such processes;
(11
"Dry Cleaning Establishment" shall mean a building or part of a building where
articles, goods or fabric are subjected to dry cleaning and related processes, are
received or distributed, or where a dry cleaning plant is operated, or both, and
which may include the laundering, pressing or incidental tailoring or repair of
articles, goods or fabric;
12
"Exhibition Hall" shall mean a building or part of a building where the temporary
exhibition of music, art, goods, wares, and the like are displayed and made
available for sale and which may include a flea market use;
13) "Financial Institution" shall mean a building or part of a building in which money is
deposited, kept, lent or exchanged;
14)
"Flea Market" shall mean a building or part of a building in which stalls or sales
areas are set aside and rented or otherwise provided where groups of individual
sellers offer goods, new and used, for sale to the public:;
(15)
"Food Preparation Plant" shall mean a building or part of a building in which
processed food products are cooked, baked, mixed, packaged or otherwise
prepared for distribution to retail or institutional outlets;
(16)
"Gross Leasable Floor Area" shall mean the aggregate 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;
(17)
"Li.qht 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 power tools
and similar products are stored, offered or kept for wholesaler retail sale to
industrial or commercial establishments;
(~8)
"Li.qht Manufacturinq Plant" shall mean a manufacturing plant used for: the
production of apparel and finished textile products other than the production of
synthetic fibers; printing or duplicating; the manufacture of finished paper other
than the processing of wood pulp; the production of cosmetics, drugs and other
pharmaceutical supplies; or, the manufacture of finished lumber products, light
metal products, electronic products, plastic ware, porcelain, earthenware,
glassware or similar articles, including but not necessarily restricted to, furniture,
housewares, toys, musical instruments, jewellery, watches, precision
instruments, radios and electronic components;
(19)
(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 Coveraqe" shall mean the percentage of lot area covered by all
buildings on the lot:
(c)
"Lot Frontaqe" 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;
(20)
"Manufacturinq Plant" shall mean a building or part of a building in which is
carried on any activity or operation pertaining to the rnaking of any article, and
which shall include altering, assembling, repairing, ornamenting, finishing,
cleaning, polishing, washing, packing, adapting for sale, breaking up or
demolishing the said article;
(21)
"Merchandise Service Shop" shall mean an establishment where articles or goods
including, but not necessarily limited to, business machines, appliances, furniture
or similar items are repaired or serviced, and includes the regular place of
business of a master electrician or master plumber, but shall not include a
manufacturing plant or any establishment used for the service or repair of vehicles
or a retail store;
(22)
"Office-Associated Commercial Establishment" shall mean an establishment
providing retail goods or equipment required for the daiily operation of a business
office or professional office, such as a stationery store, a computer store, or an
office furniture store;
(23)
"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-rub parlour as defined in section 224(9)(b) of the Municipal Act, R.S.O.
1990, as amended from time-to-time, or any successor thereto;
(24)
"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, a theatre, but
shall not include a room or an area used for any video lottery terminal use as
governed by the Gaming Services Act, or an adult entertainment parlour as
defined herein;
(25)
"Place of Assembly" shall mean a building or part of building in which facilities are
provided for civic, educational, political, recreational, religious or social meeting
purposes and may include facilities for entertainment purposes such as musical
and theatrical performances, but shall not include a place of amusement or
entertainment as defined hereini
(26)
"Place of Worship" shall mean a building or part of building dedicated to religious
worship and may include a church, synagogue, temple or assembly hall along
with accessory office space and nursery facilities, but shall not include a day
nursery, day care centre, or nursery school;
(27)
"Printing Establishment" shall mean an establishment used for blueprinting,
engraving, electro-typing, photocopying, plotting from disk, printing, stereotyping
or typesetting;
(28)
"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-rub parlour as
defined by the Municipal Act, R.S.O. 1990, c.M. 45, as amended from
time-to-time, or any successor thereto;
(29)
"Restaurant - Type F" 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,
and which may include a drive through, order and pick-up service;
(30)
"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;
(31)
"Sales Outlet" shall mean a building or part of a building accessory to a bakery, a
food preparation plant, a light manufacturing plant, a manufacturing plant, a
merchandise service shop, a printing establishment, or a warehouse, wherein
products manufactured, produced, processed, stored, serviced or repaired on the
premises are kept or displayed for rent or for wholesale or retail sale, or wherein
orders are taken for future delivery of such products;
(32)
"Scientific, Medical or Research Laboratory" shall mean a building or part of a
building wherein scientific, research or medical experiments or investigations are
systematically conducted, or where drugs, chemicals, glassware or other
substances or articles pertinent to such experiments or investigations may be
manufactured or otherwise prepared for use on the premises;
(33)
"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, but shall
not include a body shop or any establishment engaged in the retail sale of motor
vehicle fuels;
(34)
"Vehicle Sales or Rental Establishment" shall mean an establishment used for the
sale, service, rent or lease of vehicles and which may include as an accessory
use thereto a vehicle repair shop, but shall not include any establishment
engaged in the retail sale of motor vehicle fuels;
(35)
"Warehouse" shall mean a building or part of a building which is used primarily for
the housing, storage, adapting for sale, packaging, or' wholesale distribution of
goods, wares, merchandise, food-stuffs, substances, articles or things, and
includes the premises of a warehouseman but shall not include a fuel storage tank
except as an accessory use;
(36)
"Waste Transfer and Manaqement 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;
(37)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
"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;
"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;
"Rear Yard" shall mean a yard extending across the full width of a tot
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;
"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;
"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;
"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;
"Flankaqe 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;
"Flankaqe 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
"Interior Side Yard" shall mean a side yard other than a flankage side
yard.
PROVISIONS
(1) Uses Permitted ("MC-17" Zones)
No person shall within the lands designated 'MC-1T' 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)
(J)
bakery;
banquet facility;
business office:
club;
commercial club;
commercial-recreational establishment;
commercial school;
convenience store:
dry cleaning depot;
dry cleaning establishment;
(k)
(I)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
exhibition hall:
financial institution;
food preparation plant:
light machinery and equipment supplier;
light manufacturing plant;
merchandise service shop;
office-associated commercial establishment;
personal service shop;
place of amusement or entertainment;
place of assembly;
place of worship;
printing establishment;
professional office;
restaurant - Type F;
sales outlet;
scientific, medical or research laboratory;
vehicle repair shop;
vehicle sales or rental establishment;
warehouse;
(2) Zone Requirements ("MC-17" Zone)
No person shall within the lands designated "MC-17" on Schedule I
attached hereto, use any lot or erect, alter or use any building except in
accordance with the following provisions:
(a) BUILDING LOCATION AND SETBACKS (minimums):
A from Bayly Street and Squires Beach Road 7.5 metres;
B from the railway right-of-way
15.0 metres;
C from all other lot lines
3,0 metres;
D from the "OS-HL" Zone boundary
5.0 metres;
(b) BUILDING HEIGHT (maximum):
12.0 metres;
(c) OPEN STORAGE:
All uses, other than parking, shall take place entirely within
enclosed buildings or structures with no outside storage or display
permitted.
(d) PARKING REQUIREMENTS:
A
There shall be provided and maintained on the lot a
minimum of 10.0 parking spaces for each 100 square metres
or part thereof gross leasable floor area of the exhibition hall;
B
There shall be provided and maintained on the lot a
minimum of 1.0 parking space for each 56 square metres or
part thereof gross floor area of all industrial uses;
C
There shall be provided and maintained on the lot a
minimum of 5.5 parking spaces for each 100 square metres
of gross leasable floor area for all other uses;
D
Sections 5.21.2(a) and 5.21.2(b) of By-law 2511 as
amended shall not apply to the lands designated 'MC-17" on
Schedule I attached hereto:
E
Notwithstanding section 5.21.2(g) of By-law 2511, as amended,
all parking areas shall be surfaced with brick, asphalt or
concrete, or any combination thereof.
(3)
(e)
(a)
SPECIAL REGULATIONS:
A
A sales outlet shall be permitted only if accessory to a
bakery, a food preparation plant, a light manufacturing plant,
a merchandise service shop, a printing establishment, or a
warehouse, provided the gross leasable area of the sales
outlet does not exceed 25% of the gross leasable floor area
of the bakery, food preparation plant, light manufacturing
plant, merchandise service shop, printing establishment, or
warehouse;
B
Notwithstanding Clause A above, a sales outlet may exceed
25% of the gross leasable floor area up to a maximum of
40% of the gross leasable floor area of the bakery, food
preparation plant, light manufacturing plant, merchandise
service shop, printing establishment, or warehouse, provided
the aggregate gross leasable floor area of all sales outlets in
a building does not exceed 25% of the total gross leasable
floor area that buildings;
C The maximum aggregate gross leasable floor area shall be:
(i) for all convenience stores on the lot: 325 square
metres;
(ii) for all office-associated commercial 325 square
establishments on the lot: metres:
for all personal service shops on the lot: 325 square
metres;
(iv) for all restaurants - Type F on the lot: 1300 square
metres;
D
The maximum aggregate gross leasable floor area for all
exhibition halls shall be 12,750 square metres;
E
office-associated commercial establishment and
convenience store uses shall be permitted only on the lands
diagonally-hatched on Schedule I attached hereto;
F
Notwithstanding any other provision in this By-law, a waste
transfer and management facility shall not be permitted on
lands designated "MC-17" on Schedule I attached hereto.
Uses Permitted "(H)" Holding Zone)
Despite the provisions of Clause l(a), while the "(H)" holding
symbol is in place, no person shall, within the lands zoned
"(H)MC-17" on Schedule I attached hereto, use any lot or erect,
alter or use any buildings or structure for any purpose except those
uses in Section 16.1 of By-law 2511.
(b) Removal of "(H)" Holding Symbol
Prior to an amendment to remove the "(H)" Holding Symbol
preceding the "MC-1T' zone designation, the owner is required to
execute appropriate agreements with and to the satisfaction of the
City of Pickering (and\or the Region of Durham), and such
agreements have been registered on title to the lands, to provide
for the development of buildings or structures in accordance with
the provisions of subsection 5.(1 ) of this By-law.
(4) (a) Uses Permitted ("OS-HL" Zone)
No person shall within the lands designated "OS-HL" on Schedule I
attached hereto use any lot or erect, alter or use any building or
structure for any purpose except the following:
(i) preservation and conservation of the natural environment, soil
and wildlife;
(ii) resource management;
(iii) pedestrian trails and walkways;
(b) Zone Requirements ("OS-HL" Zone)
No buildings or structures shall be permitted to be erected, 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,
resource management, or pedestrian trail and walkway purposes.
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 hereto. 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 16 day of
December , 2002.
Wayne Arthurs, Mayor
?
Clerk
OS.HL
(H)MC-17
SCHEDULE ]: TO BY-I_/:-~.W . 607_0/o_2_
PASSED THI° 16th
E)AY OF D_ece _tuber ...... 2002
Clerk
[ > - , .
t <i ,z
QUARTZ ST.
I '~
8AYLY STF~EET
i
:~ooK ~ _ __
i
~ O
fl_
City of Pickering Planning & Development Department
D~T[ D~C~/02
December 10, 2002
PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
To:
Bruce Taylor
City Clerk
From:
Tyler Barnett
Senior Planner- Site Planning
Subject:
Zoning By-law Amendment Application A 13/02
591658 Ontario Limited
Lots 1-7 and 10, Plan M-1040
(South-west corner of Squires Beach Road and Bayly Street)
City of Pickering
City Council, on October 21, 2002, approved the above-noted application to amend the
existing zoning of the lands to expand the range of employment area related uses on the
subject property. The applicant was required to identify the boundary and associated
buffer area of the existinc wetland, to the satisfaction of the Toronto and Region
Conservation Authority (TRCA). The TRCA has confirmed their acceptance of the
wetland boundary and has recommended the inclusion of a 10-metre buffer, which has
been included within the "OS-HL" - Open Space Hazard Land zoning designation.
The draft by-law incorporates an "(H)" Holding provision, which will not be lifted until the
owner has entered into appropriate agreements with the City of Pickering (and\or the
Region of Durham) to address site servicing and site development. The draft by-law has
been circulated to and approved by the applicant and is attached for the consideration of
City Council at their meeting scheduled for December 16, 2002.
A Statutory Public Meeting was held for this application on August 22, 2002.
The purpose and effect of this by-law is to amend the existing zoning of the lands to
expand the range of employment area related uses on the subject property.
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.
Director, Pk~nn ng& Development
TBI
Tbamett\hlvar~Bylaw Memo doc
Attachment
Tyler Barnet¢