HomeMy WebLinkAboutBy-law 5065/97BY-LAW
REPEALED BY ,
REPEALS .
AMENDED BY ,
AMENDS
DISPOSITION
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 5065 /97
Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to
implement the Official Plan of the Town of Pickering District Planning Area, Region of
Durham in Part of Lots 19 and 20, Concession I, in the Town of Pickering. (A 18/96)
WHEREAS the Council of the Corporation of the Town of Pickering passed By-law 4211/93,
which amends Restricted Area Zoning By-law 251 I, as amended, to permit the continuance of a
mini-putt and batting cage facility and the establishment of a games arcade, for a temporary time
period, on a portion of the lands being Part of Lots 19 and 20, Concession 1, in the Town of
Picketing;
AND WHEREAS the Council of the Corporation of the Town of Pickering now deems it
desirable to permit the establishment of a golf practice facility and commercial-recreational uses
on the subject lands, being Part of Lots 19 and 20, Concession, on a permanent basis;
AND WHEREAS an amendment to By-law 2511, as amended, is ihcretbre deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING 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 Lots 19 and 20,
Concession 1, Town of Pickering, designated "M 1 (CRI)" and "M2(CRI)" 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) "Ad,lit ~0t.crtainment 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 erotic or sexual appetites or inclinations;
(2) "Commercial-Recreational Es~bh hment shall mean a comme~ial establishment in
which recreational f~cilitics such as bovding alleys, miniature golf courts, bingo
facilities, gymnastics facilities, roller skating rinks, squash courts, swimming pools,
I~rting cages, and other similar recreational facilities are provided, and which may
include an athletic or recreational club, bat shall not include a pl~c of atonement or
enter*ainment as defined herein, a room or an area used for any video lotlery terminal
usc as governed by the Oaming Services Act, an adult entertainment parlour as
defined herein or a body rub parlour as defined in thc Municipal Act, R.S.O. 1990,
Chapter M.45, as amended from time-to-time or any successor thereto;
(3) "Games Arcade" shall mean any building, room or area in which arc offered facilities
for th~ 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 C~.nada, but shall not include a room or an area used for any video lottery terminal
use as governed by thc Gaming Services Act or premises in which the only
amusement facilities offered are pool tables, billiard tables or bowling alleys;
(4) "Golf Practice Facility" shall mean the usc of land fi~r a driving range with target
greens, which may include practice greens and/or bunkers, operated tbr the purpose of
developing golf techniques;
(5) "Gross Leasable Floor Area" shall mean thc aggregate of thc floor areas of all storeys
above or below established grade, designed for owner or tenant occupaacy or
exclusive usc only, but excluding storage areas below established grade;
(6) (a) "Lot" shall mean an area of land fronting on a street 'which is used or intended
to bc 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;
(b)"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 linc;
(7) "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 as governed by
the Gaming Services Act, an adult entertainment parlour as defined herein or a body
rub parlour as defined in the Municipal Act, R.S.O. 1990, Chapter M.45, as amended
from time-to-time or any successor thereto;
(8) "Restaurant - Type E" 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 in
the building or elsewhere on the premises;
(9) (a) ',Yard" shall mean an area of land which is appurtenant to and located on the same
!ot 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;
(b) "Front Yg,rd,' 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) 2Front Yard Depth" shall mean the shortest horizontal dimension of a front yard
of a lot between the front lot 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 !ot between the rear lot line of the lot, or where there is no rear lot line, the
junction point of the side lot lines;
(~ "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) "Fiankage 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
(j) "Interior Side Yard" shall mean a side yard other than a flankage side yard.
5. PROVISIONS ("M1 (CR1)" Zone)
(1) Uses Permitted ("MI(CRI)" Zone)
No person shall within the lands designated "Ml (CR1)" on Schedule I attached
heret~ use any lot or erect, alter or use any building or structure for any purpose
except the following:
(a) all uses permitted under Section 16.1 of By-law 2511, as amended
(b) commercial-recreational establishment
(c) games arcade
(d) golf practice facility
(e) place of amusement or entertainment
(f) restaurant - type E
(2) Zone Requirements ("M 1 (CRI)" Zone)
No person shall within the lands designated "MI(CR1)" on Schedule I attached
hereto, use any lot or erect, alter or use any building except in accordance with the
following provisions:
(a) any use permitted under Section 16.1 of By-law 2511, as amended, shall be
governed by the relevant provisions outlined in Section 16.2 of By-law 2511, as
amended
(b)all other uses permitted under section 5.(1) of this by-law shall be governed by
the following provisions:
(i) LOT AREA (minimum): 6.0 hectares
(ii) LOT FRONTAGE (minimum): 150 metres
(iii) FRONT YARD DEPTH (minimum): 12 metres
(iv) SIDE YARD WIDTH (minimum): 3.0 metres
(v) REAR YARD DEPTH (minimum): 7.5 metres
(vi) BUILDING ttEIGHT (maximum): 9.0 metres
(vii) PARKING REQUIREMENTS:
A There shall be provided and maintained on the lot a minimum of
70 parking spaces, or, a minimum of 8.0 parking spaces per 93 square
metres of gross leasable floor area for all uses which are undertaken
within buildings, whichever is the greater;
B Sections 5.21.2a) and 5.21.2b) of By-law 2511, as amended, shall not
apply to the lands designated "MI(CR1)" on Schedule I attached
hereto;
CAll parking areas shall be set back a minimum of 3.0 metres from all
road allowances.
(viii) SPECIAL PROVISIONS:
AThe aggregate of the gross leasable floor area of all restaurants - type E
on the lot shall not exceed 175 square metres.
6. PROVISIONS ("M2(CR1)" Zone)
(1) Uses Permitted ("M2(CR 1)" Zone)
No person shall within the lands designated "M2(CRI)' on Schedule I attached,
hereto use any lot or erect, alter or use any building or structure for any purly se
except the following:
(a) all uses permitted under Section 17.1 of By-law 2511, as amended
(b) those uses permitted under sections 5.(l)(b) through 5.(I)(f) of this by-law
-5-
(2) Zone Requirements CM2(CR1)" Zone)
No person shall within the lands designated "M2(CR1)" on Schedule I attached hereto, use
any lot or erect, alter or use any building except in accordance with the following
provisions:
(a) any use permitted under Section 17.1 of By-law 2511, as amended, shall be governed
by the relevant provisions outlined in Sections 17.2 and 17.3 of By-law 2511, as
amended;
Co)any use permitted under section 6.(1)(b) of this by-law shall be governed by the
relevant provisions outlined in Section 5.(2)Co) of this by-law.
7. BY-LAW 4211/93
By-law 4211/93 is hereby repealed.
8. 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 the relevant provisions of By-law 2511, as amended.
9. 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.
READ A FIRSTAND SECOND TIME THIS 5th DAY OF August 1997.
READ A THIRD TIME AND PASSED THIS 5th DAYOF August ,1997.
MAYOR
WAYNE ARTHURS
BRUCE J. TAYLOR,
40R-- 1/1796 ~O
PLUMMER
~STREET
PARTS 5 ~: 7
BAYLY STREET
SCHEDULE [TO BY-LAW 5065/9?
PASSED THIS s~
DAY OF Au~us t 1997
MAYOR
~0~
INTERDEPARTMENTAL~ CO~SPONDENCE
PLANNING DEPARTMENT
TO: B.J. Taylor FROM: Ron Taylor
Town Clerk Planning Technician
Re: Draft Amending By-law for
Zoning By-law Amendment Application A 18/96
Ontario Hydro (904241 Ontario Inc. - Pickering Playing Fields)
Part of Lots 19 & 20, Concession 1
(North side of Bayly Street, west of Salk Road,
within the Ontario Hydro Corridor)
Council, on May 5, 1997, approved the above-noted application to recognize the existing
commercial-recreational uses operating on the subject property, and to permit the development of
a golf practice facility, all of which to be permitted as permanent uses on the subject property.
This application was considered by the Town's Site Plan Advisory Committee on July
17, 1997, and recommended for conditional site plan approval.
Conditions of zoning approval have or are anticipated to have been satisfied prior to
Town Council's consideration of this matter, 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 Town Council at their meeting scheduled for August 5, 1997.
Two parking ratios were recommended for inclusion in the implementing by-law, one
establishing required parking for uses undertaken within enclosed buildings, and one establishing
required parking for uses not undertaken within enclosed buildings. The parking ratio for uses
not undertaken within buildings was originally recommended to be based on the "maximum
design capacity" of a given use. However, further review of this standard revealed several
potential administrative difficulties. Therefore, a minimum of 70 parking spaces has been
established to replace the original parking ratio for uses not undertaken within buildings. This
minimum number is easier to administer, while ensuring that an adequate number of parking
spaces are still maintained on the subject property. A minimum requirement of 70 parking
spaces was determined through the use of maximum design capacity of existing and potential
uses on the subject site.
A second condition of approval for this application was that the applicant post a letter of
credit to ensure that required works outlined through the site plan review process would be
completed to the satisfaction of the Town. The applicant is currently in the process of satisfying
this condition. However, at the time of writing this memo, the required letter of credit has not
been received. The applicant has assured that this condition of approval will be met prior to the
August 5th Council meeting. Should the applicant not fulfill this condition of approval prior to
the August 5th Council meeting, then consideration of the attached implementing zoning by-law
by Town Council will be delayed by removing this item fi.om the associated agenda.
..... continued
It should be noted that appropriate definitions within the proposed implementing zoning
by-law have been revised to prohibit Video Lottery Terminals from operating on the subject
property.
A Statutory Public Meeting was held for this application on January 16, 1997.
Please note that this by-law may be given all three readings at the August 5, 1997 Council
Meeting.
The purpose and effect of this by-law is to permit the continuation of the existing
commercial-recreational uses operating on the subject property on a permanent basis, and to
permit the development of a golf practice facility to operate on the subject property on a
permanent basis.
If you require further assistance or clarification, please do not hesitate to contact the
undersigned.
Enclosure