HomeMy WebLinkAboutBy-law 6358/048O
PLANNING & DEVELOPMENT DEPARTMENT
July 13, 2004
To: Bruce Taylor
City Clerk
MEMORANDUM
From:
Subject:
Ross Pym
Principal Planner- Development Review
Zoning By-law Amendment Application A 06/03(R)
IBI Group on behalf of 1334281 Ontario Limited
Part of Street Parcel of 40M-1334, now Parts 1,2, and 3, 40R-18421
Northwest corner of Whites Road and Granite Court
City of Pickering
On July 26, 2004, the Executive Committee will consider a recommendation for approval of
Zoning Amendment Application A 06/03 (R) to permit a commercial development for a food
store and other commercial uses on the subject lands. This item is scheduled for the
Council meeting also on July 26, 2004.
If Executive Committee and Council both adopt the recommendation for approval at their
July 26, 2004 Meeting, Council may consider the attached Zoning By-law later on at the
same meeting.
A Statutory Public Meeting was held for this application on January 15, 2004.
Please note that this by-law may be given all three readings at the July 26, 2004
Council Meeting, provided Council approves the above-noted application earlier
that same Meeting.
The purpose and effect of this by-law is to permit a commercial development for a food
store and other commercial uses on the subject lands.
If you require further assistance or clarification, please do not hesitate to contact the
undersigned.
concur that this by-law
be considered at this time.
Director, Planning & Development
RP:jf
rp\plan file\granite-whites\bylaw memo to Clerk
Attachment
Principal Planner- Development Review
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6355/04
Being a By-law to amend Restricted Area Zoning By-law 2511, to
implement the Official Plan of the City of Pickering, Region of Durham,
Part of Lot 19, Range 3, City of Pickering. (A 06/03)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to
permit a food retail store and other commercial uses on the subject lands, Part of Street
Parcel of 40M-1334, now Part 1,2, and 3 40R~18421, City of Pickering;
AND WHEREAS an amendment to By-law 2511 is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY 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 being Part of Street Parcel
of 40M-1334, now Part 1, 2, and 3 40R-18421, City of Pickering, designated "LCA-
11" on Schedule I 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)
"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 but shall not include a retail store;
(2)
"Commercial-Recreational Establishment" shall mean a commercial
establishment in which indoor recreational facilities are provided, and
which may include an athletic or recreational club, but shall not include
any uses permissible within a place of amusement or entertainment;
(3)
"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;
(4)
(5)
"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 such processes;
"Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
(6)
(7)
-2-
"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 or kept for retail sale to the public;
"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;
(8)
(9)
(10)
(11)
(12)
(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;
"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;
"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;
"Retail
wares,
offered
Store" shall mean a building or part of a building in which goods,
merchandise, substances, articles or things are stored, kept and
for retail sale to the public;
(a)
"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;
(b)
(c)
(d)
(e)
(f)
"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
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;
"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;
-3-
(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)
"Flanka.qe 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)
"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
(J)
"Interior Side Yard" shall mean a side yard other than a flankage
side yard.
PROVISIONS
(1) Uses Permitted ("LCA-11" Zone)
No person shall within the lands designated "MC-18" 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)
0)
business office;
commercial-recreational establishment;
day care facility;
dry cleaning depot;
financial institution;
food store;
personal service shop;
professional office;
retail store;
(2) Zone Requirements "LCA-11" Zone)
No person shall within the lands designated "MC-18" on Schedule I
attached hereto, use any lot or erect, alter or use any building except in
accordance with the following provisions:
(a)
FRONT YARD DEPTH REQUIREMENTS
(minimum): 4.0 metres
(b)
INTERIOR SIDE YARD WIDTH REQUIREMENTS
(minimum): 1.0 metres
(c)
FLANKAGE SIDE YARD WIDTH REQUIREMENTS
(minimum): 4.0 metres
(d)
REAR YARD DEPTH REQUIREMENTS
(minimum): 1.0 metres
(e)
BUILDING SIZE
(maximum gross leasable floor area, all buildings on
the lands) 2,800 square metres
-4-
(f)
PARKING REQUIREMENTS (minimum):
A All parking areas and driving aisles shall be
minimum of 3.0 metres from any road allowance;
set back a
B
For all uses, there shall be provided and maintained on the
lands a minimum of 5.5 parking spaces for every 100 square
metres of gross leasable floor area or part thereof;
C
Notwithstanding section 5.21.2 (g) of By-law 2511, all
parking areas shall be surfaced with brick, asphalt or
concrete, or any combination thereof;
(g)
BUILDING HEIGHT
(maximum):
15 metres
(h)
SPECIAL REGULATIONS:
(i)
Despite any provision of By-law 2511, as amended, an
outdoor garden centre having a maximum area of 400
square metres is permitted in association with a food store
from April 1st to June 30th of every calendar year, while
providing a minimum of 140 parking spaces on the subject
property.
(3) (a) Uses Permitted ("(H)" Holding Symbol)
Despite the provisions of Section (1) of this By-law, while the "(H)"
Holding Symbol is in place preceding the "LCA-11" Zone
designation as outlined on Schedule I attached hereto, no person
shall use any lands for any purpose other than those uses
permitted in Section 9.1 of By-law 2511, as amended.
(b) Removal of the "(H)" Holding Symbol
Prior to an amendment to remove the "(H)" Holding Symbol
preceding the "LCA-11" Zone, on the area so zoned, the owner shall:
(i)
provide proof to the City of Pickering that the road works for
Whites Road and Granite Court that abut the subject
property, including road widening and reconstruction have
been initiated by the Region of Durham; and,
(ii)
enter into an appropriate agreement with the City and
receive site plan approval to address, such matters as, site
function (access/egress, traffic aisles, parking locations), site
improvements (landscaping, paved surfaces, road
improvements), and building placement.
BY-LAW 2511
By-law 2511 is hereby 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.
5
7. 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
July ,2004.
day of
Davi a~~~~~~r
.,~'uce Taylor, Clerk
/
/
/
/
/
/
/
/
/
/
/
/
/
L
/
/
/
(H) LCA-11
GRANITE COURT
/
/
/ / \ \
/ / \ \
/ ~ \\ // //'~
SCHEDULE I TO BY-LAW 6358/04
PASSED THIS 26th
DAY OF July 2004
DAY
City of Pickering
SUBJECT
PR~
LAYTO N CRT
ENGEL
CALLAHAN STREET
DRIVE
HAMPTON COURT
OKLAHOMA DRIVE
DOWNLAND
Planning & Development Department
IJULY 12, 2004