The URL can be used to link to this page

Home My WebLink AboutBy-law 6365/04THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6365/04 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 1346/81 to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 21, Concession 1, City of Pickering. (A 23/03) WHEREAS the Council of The Corporation of the City of Pickering passed By-law 1346/81, amending By-law 3036, to permit uses that are in compliance with the relevant provisions of the City of Pickering Official Plan, including amendments and modifications, on the subject lands, on Part of Lot 21, Concession 1, in the City of Pickering. AND WHEREAS the Council of the Corporation of The City of Pickering now deems it desirable to further amend By-law 3036, by repealing and replacing By-law 1346/81, to permit a variety of office and commercial uses on the subject lands, on Part of Lot 21, Concession 1, in the City of Pickering; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I & U Schedule I & II attached to this By-law 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 21, Concession 1, in the City of Pickering, designated "MU-19" on Schedule I attached to this By-law. 3. 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. 4. DEFINITIONS In this By-law, (1) "Build-to-Zone" shall mean an area of land within which all or part of a building or buildings or part of a structure of structures are to be located; (2) "Business Office" shall mean a building or part of a building in which the management or direction of business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; (3) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (4) "Functional Floor Level" shall mean an enclosed building storey containing an area of at least 50% of the building's ground floor area, and a ceiling height suitable for the intended use; -2- (5) "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; (6) (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 Coverage" 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; (7) "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 a 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, Chapter M.45, as amended from time-to-time, or any successor thereto; (8) "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, and engineer, a lawyer or a physician, but shall not include a body rub parlour as defined in section 224 (9)(b) of The Municipal Act, R.S.O. 1990, Chapter M.45, as amended from time-to-time, or any successor thereto; (9) "Restaurant - Type A" shall mean a building or part of a building where food is prepared or offered or kept for retail sale to the public for immediate consumption on or off the premises, but shall not permit a drive-thru; (10) "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; PROVISIONS (1) Uses Permitted ("MU-19" Zone) No person shall within the lands zoned "MU-19" on Schedule I attached to this By-law use any lot or erect, alter or use any building or structure for any purpose except the following: (a) business office (b) financial institution (c) personal service shop (d) professional office (e) restaurant - Type A (f) retail store (2) Zone Requirements ("MU~19" Zone) No person shall within the lands zoned "MU-19" on Schedule I attached to this By-law use any lot or erect, alter or use any building except in accordance with the following provisions: -3- (a) BUILDING RESTRICTIONS: (i) Building Location and Setbacks: A Buildings and structures shall comply with the minimum and maximum building envelope illustrated on Schedule II attached hereto. B A minimum of 70% of the 40.0 metre Build-to-Zone must be occupied prior to the erection of any other buildings or structures on the subject lands. C The build-to-zone illustrated on Schedule II attached hereto shall have located within it a building or buildings, or part of a building or buildings, which must occupy the minimum percentage of the build-to-zone as stated in clause B above. D Notwithstanding clause B above, a deck, patio, or any building addition having a gross floor area less than 10 square metres, shall not be considered to be a building or part of a building for the purpose of satisfying the requirements of that clause, only. (ii) Building Height: A Within the Build-to-Zone and abutting Glenanna Rd. and Pickering Parkway: - minimum 6.5 metres (2 storeys); - maximum 13.0 metres (4 storeys); B Within the building envelope, but beyond clause A above: - maximum 27.0 metres (6 storeys); (b) PARKING REQUIREMENTS: (i) For a restaurant - Type A, when it is the sole use on the site, there shall be provided and maintained a minimum of 5.5 parking spaces for every 100 square metres of gross leasable floor area; (ii) For all other uses, there shall be provided and maintained on the lands a minimum of 4.5 parking spaces for every 100 square metres of gross leasable floor area, for the first 1,000 square metres of gross leasable floor area, and 2.5 parking spaces per 100 square metres of gross leasable floor area, for all floor area in excess of 1,000 square metres or part thereof; Clauses 5.21.2 (a) and (b) of By-law 3036, as amended, shall not apply on lands designated "MU-19" on Schedule I attached hereto; (iv) Notwithstanding clauses 5.21.2 (g) and 5.21.2 (k) of By-law 3036, as amended, all entrance and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete, or any combination thereof; (c) SPECIAL REGULATIONS: (i) The aggregate gross leasable floor area for all medical office uses shall not exceed 1000 square metres. (ii) The maximum aggregate leasable floor area for all retail and personal service shop uses shall not exceed 25% of the gross leasable floor area for all building(s) on the site. -4- The minimum gross leasable floor area for any restaurant - Type A shall be 500 square metres. (iv) All uses, enclosed display; (v) (vi) other than parking, shall take place entirely within buildings or structures with no outside storage or No drive-thru component shall be permitted with any use on site. No parking shall take place within the Build-to-Zone. BY-LAW 3036 (1) By-law 3036, as amended, is hereby further amended by repealing and replacing By-law 1346/81, to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached to this By-law. (2) Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, 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. 2O BY-LAW read a first, second and third time and finally passed this day of September ,2004. Dave BLOCK 14 40M-1231 BLOCK 13 40M-1231 MU-19 SCHEDULE I TO BY-LAW 6365/04 PASSED THIS 20 DAY OF September 2004 MAYOR CLEI~~ BLOCK 13 40M-1231 BLOCK 14 ~ / 40M-1231 / ,c~:~%G ~ ---~,~,~o ~v~o~ SCHEDULE T[ TO BY-LAW 6.~65/04 PASSED THIS 20 DAY OF Sept 6~tber 2004 MAYOR CLEFf~