HomeMy WebLinkAboutBy-law 6256/04PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
Januaw 16,2004
To;
From;
Subject:
Bruce Taylor
City Clerk
Steve Gaunt
Planner II
Technical Amendment to By-law 5949/02, enacted to implement
Zoning By-law Amendment Application A 33/00
802226 Ontario Limited
Part of Lot 18, Concession 1
Parts 6 - 8, 12 and 13, Plan 40R-10635
(1048 Toy Avenue)
City of Pickering
Council adopted Resolution #08/02, Item #1 to approve the above-noted
application to add a vehicle service and repair shop to the permitted uses on the
subject lands on January 21, 2002. There were no conditions of approval. The
draft by-law was circulated, approved by the applicant and By-law 5949/02 was
passed by City Council at its meeting held February 4, 2002. The Statutory
Public meeting was held for this application on March 22, 2001. As no appeals
were made to the passage of the by-law, City of Pickering Zoning By-law
5949/02 became final and binding on the date of its passing. A location map is
attached for information. '
Subsequently, it was brought to the attention of staff that By-law 5949/02 does
not fully reflect the request of the applicant or the intent of Council. While By-law
5949/02 added "vehicle service and repair" as a permitted use, in line with
Council's approval and the applicant's request, the By-law inadvertently deleted
the "sale, rental or lease of vehicles" as a permitted use.
The attached draft amends the By-law passed by Council at its meeting of
February 4, 2002 by replacing 'Vehicle Service and Repair Shop' with 'Vehicle Sales,
Service and Repair Shop'. The changes are considered technical and
'housekeeping' in nature and implement the intent of Council Resolution #08/02,
Item #1, adopted January 21, 2002.
Technical Amendment to By-Law 5949/02
January 16, 2004
Page 2
Should Council choose to pass the implementing zoning by-law as
provided, Council should also adopt the following resolution at the Council
Meeting, prior to passing the by-law:
"That the modifications to By-law 5949/02, to add the use of vehicle
sales to the list of permitted uses is technical in nature and clarifies
the original intent of Council and, therefore, no further notice is
required to be given with respect to By-law 5949/02."
Please note that, subject to the above, this by-law may be given all three
readings at the February 2, 2004 Council meeting.
The purpose and effect of this by-law is to amend the Zoning By-law, in order to
permit the addition of vehicle sales to the permitted uses on the property, as
requested by the applicant in application A 33/00 and approved by City Council
at its meeting held January 21,2002.
If you require further assistance or clarification, please do not hesitate to contact
me at extension 2033.
I concur that this by-law
be considered at this time:
DireCtor, P( /& Development
Steve Gaunt
SG:jf
sg/misc/ToyAveBy-lawMemoToOlerk
Attachment
CIRCLE
PICKERING
PARKWAY
PLUMMER STREET
QUARTZ
TOY AVEN~
BAYLY
STREET
' ~ ORANGEBRiOK C~
City of Pickering
1l
Planning & Development Department
PROPERTY DESCRIPTION PART OF LOT 18, CONCESSION 1, PARTS 6,7,8,12 & 13 40R-10635
OWNER 802226 ONTARIO INC. DATE JAN. 14, 2004 DRAWN BY JB '"/\
FILE No. A 33/00 SCALE 1:7500 CHECKED BY SG
FOR DEPARTMENT USE ONLY PN-4 PA-
CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a By-law to amend Restricted Area (Zoning) By-law 2511, as
amended, to implement the Official Plan of the City of Pickering, Region of
Durham in Part of Lot 18, Concession 1, (Parts 6 to 8, 12 & 13, 40R-10635)
in the City of Pickering. (A 33/00)
WHEREAS the Council of the Corporation of the City of Pickering passed By-law 5949/02,
amending By-law 2511, to permit the addition of vehicle service and repair shop uses on
the subject lands;
AND WHEREAS the Council of the Corporation of the City of Pickering now deems it
desirable to further amend By-law 2511, as amended by By-law 5949/02, to 'further permit
vehicle sales uses on the subject lands;
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:
1. Text Amendment
(1)
Section 4. DEFINITIONS, is hereby amended by rescinding definition
number (14) "Vehicle Service and Repair Shop" and replacing said definition
with the following:
"(14)
"Vehicle Sales, Service and Repair Shop" shall mean an
establishment containing facilities for the sales, rental, lease, service
and/or repair of vehicles on the premises, in which vehicle accessories
may be sold, but shall not include the retail sale of motor vehicle
fuels;"
(2)
Section 5. PROVISIONS, Subsection (1) Uses Permitted ("MC-16" Zone),
Clause (i) vehicles service and repair shop, of By-law 5949/02, is hereby
rescinded and replaced with the following:
(3)
"(i) Vehicle Sales, Service and Repair Shop";
Section 5. PROVISIONS, Subsection (2)Zone Requirements ("MC-16" Zone),
Clause (i) SPECIAL REGULATIONS, Subclause B is hereby rescinded and
replaced with the following:
"B
A vehicle sales, service and repair shop shall be permitted only in the
area hatched on Schedule I attached to this By-law."
BY-LAW 2511
By-law 2511, as amended by By-law 5949~02, 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 to By-law 5949/02. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by relevant provisions of
By-law 2511, as amended.
-2-
3. EFFECTIVE DATE
This By-law shall come into force in accordance with the provisions of the Planning
Act.
BY-LAW read a first, second, and third time and finally passed this __day of
,2004.
David Ryan, Mayor
Bruce Taylor, Clerk
CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6256/04
Being a By-law to amend Restricted Area (Zoning) By-law 2511, as
amended, to implement the Official Plan of the City of Pickering, Region of
Durham in Part of Lot 18, Concession 1, (Parts 6 to 8, 12 & 13, 40R-10635)
in the City of Pickering. (A 33/00)
WHEREAS the Council of the Corporation of the City of Pickering passed By-law 5949/02,
amending By-law 2511, to permit the addition of vehicle service and repair shop uses on
the subject lands;
AND WHEREAS the Council of the Corporation of the City of Pickering now deems it
desirable to further amend By-law 2511, as amended by By-law 5949/02, to further permit
vehicle sales uses on the subject lands;
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:
1. Text Amendment
(1)
Section 4. DEFINITIONS, is hereby amended by rescinding definition
number (14) "Vehicle Service and Repair Shop" and replacing said definition
with the following:
"(14) "Vehicle Sales, Service and Repair Shop" shall mean an
establishment containing facilities for the sales, rental, lease, service
and/or repair of vehicles on the premises, in which vehicle accessories
may be sold, but shall not include the retail sale of motor vehicle
fuels;"
(2)
Section 5. PROVISIONS, Subsection (1) Uses Permitted ("MC-16" Zone),
Clause (i) vehicles service and repair shop, of By-law 5949/02, is hereby
rescinded and replaced with the following:
"(i) Vehicle Sales, Service and Repair Shop";
(3)
Section 5. PROVISIONS, Subsection (2) Zone Requirements ("MC-16" Zone),
Clause (i) SPECIAL REGULATIONS, Subclause B is hereby rescinded and
replaced with the following:
"B
A vehicle sales, service and repair shop shall be permitted only in the
area hatched on Schedule I attached to this By-law."
2. BY-LAW 2511
By-law 2511, as amended by By-law 5949/02, 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 to By-law 5949/02. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by relevant provisions of
By-law 2511, as amended.
-2-
BY-LAW read a first,
February ,2004.
EFFECTIVE DATE
This By-law shall come into force in accordance with the provisions of the Planning
Act.
second, and third time and finally passed this _2.a_d_day of
David Ryan, ML_~
~¢uce Taylor, Clerk