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HomeMy WebLinkAboutFebruary 17, 2005Statutory Public Information Meeting Agenda Pursuant to the Planning Act Thursday, February 17, 2005 7:00 P.M. Chair: Councillor Dickerson ZONING BY-LAW AMENDMENT APPLICATION A 01/05 THE PICKERING HOME & LEISURE CENTRE R.R.V.P. PICKERING WEST INC. (RIO CAN) 1755- 1805 PICKERING PARKWAY SOUTH PART OF LOT 17 & 18, CONCESSION 1 (40R-20443, PART 1, 3, 5, 6, 7, 8~ 9, 10, 11 & 40R-20442, PART 2) Explanation of application, as outlined in Information Report #02-05 by Planning Staff. Comments from the applicant. Comments from those having an interest in the application. Response from applicant. 5. Staff response. PICKERING INFORMATION REPORT NO. 02-05 FOR PUBLIC INFORMATION MEETING OF February 17, 2005 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 01/05 The Pickering Home & Leisure Centre R.R.V.P. Pickering West Inc. (RIO CAN) 1755 - 1805 Pickering Parkway South Part of Lot 17 & 18, Concession 1 (40R-20443, Part 1, 3, 5, 6, 7, 8, 9, 10, 11 & 40R-20442, Part 2) City of Pickering 1.0 2.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is approximately 9.5 hectares in size, and located on the south side of Picketing Parkway, north of the 401, between Brock Road and Notion Road (see Attachment #1 - Location Map); the property is currently operating as a specialty retailing node within the City of Pickering, also known as 'The Pickering Home and Leisure Centre'; Canadian Tire and residential uses (across Brock Road) located to the west, First Pro Shopping Centre located to the north, vacant land and industrial uses (across Notion Road - Ajax) located to the east, and the 401 and industrial uses located to the south (see Attachment #2 - Applicant's Submitted Plan). APPLICANT'S PROPOSAL the applicant proposes to amend the existing zoning of the subject property to permit additional uses and revise leasable floor area provisions (see Attachment #3 - Proposed Zoning Changes). Information Report No. 02-05 Page 2 3.0 3.1 3.2 3.3 OFFICIAL PLAN AND ZONING Durham Reqional Official Plan the Durham Regional Official Plan identifies the subject lands as being designated "Living Area"; this designation permits special purpose commercial uses serving specialized needs on an occasional basis with services and facilities which consume larger parcels of land and require exposure to traffic; the applicant's proposal appears to comply with this designation; PickerinR Official Plan the subject property is designated "Mixed Use - Specialty Node" within the Village East Neighbourhood; this designation permits hotels, limited offices, community, cultural and recreational uses, limited residential development at higher densities, and special purpose commercial uses such as: large format retailers, retail warehouses, membership clubs, theme and/or specialty retailers, automotive uses, and ancillary retailing of other goods and services including restaurants; this property is located within one of the two Detailed Review Areas within the Village East Neighbourhood; Schedule II of the Pickering Official Plan -"Transportation Systems" designates Pickering Parkway as a Type C - Arterial Road; Zoning By-law 3036 the subject property is currently zoned "M1-7/SPC-3" - Storage & Special Commercial by By-law 3036, as amended by By-law 2351/87; the current zoning permits the following uses: · Business Office; · Commercial Club; · Financial Institution, as accessory to a home and design centre only; · Home and Design Centre; · Home Improvement Centre, as accessory to a home and design centre only; · Hotel; · Professional Office; · Retail Store; · Restaurant-Type A; · Vehicle Sales or Rental Establishment; - the applicant is requesting to amend the existing zoning of the subject property to permit additional uses and revise leasable floor area provfsions (see Attachment #4 - Zoning By-law 2351/87 & Attachment #5 - Applicant's Proposed Zoning By-law); - this amendment applies to 1755 -1805 Pickering Parkway. Information Report No. 02-05 Page 3 4.0 4.1 4.2 4.3 5.0 RESULTS OF CIRCULATION Resident Comments - no resident comments have been received to date; Agency Comments - no agency comments have been received to date; Staff Comments - in reviewing the application to date, the following matters have been identified by staff for further review and consideration: examination of existing and proposed Pickering Home & Leisure Centre uses with Pickering Home & · the Centre uses; · the compatibility of the Pickering Home & Leisure surrounding developments; · the impact of revised leasable floor areas on the Leisure Centre and surrounding developments; · the examination of parking requirements to ensure that the parking supply is adequate on the site; · the examination of the applicant's proposed by-law to ensure that it is consistent with municipal standards; this Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the public. PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; - if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. Information Report No. 02-05 Page 4 6.0 6.1 6.2 6.3 OTHER INFORMATION Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; Information Received copies of the Applicant's Submitted Plan, Market Review prepared by urbanMetrics inc., and a Planning Analysis Report prepared by The Biglieri Group Ltd. are available for viewing at the offices of the City of Pickering Planning & Development Department; Property Principal The owner of the property is R.R.V.P. Pickering West Inc. (RIO CAN) and the applicant is RIOCAN Real Estate Investment Trust (Stuart Craig), and the agent for this application is the Biglieri Group (Maurizio Rogato). G, ff 15~c~anowski, CPT Planer I GXR:Id Attachments Lynda Taylor, MCI~ RPP Manager, Development Review Copy: Director, Planning & Development APPENDIX NO. I TO INFORMATION REPORT NO. 02-05 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date; COMMENTING AGENCIES (1) none received to date; COMMENTING CITY DEPARTMENTS (1) none received to date. ATTACHMENT# J TO ~ ~ cou~ ~ ~m,w __ < © . 0 >- City of Pickoring Planning & Dovolopmont Dopartmont PROPERW DESCRiPTiON S. PT. OF LOT 17 & 18, CON1, 40R-20443, PTS, 1, 3, 5-11 & 40R-20443, PT. 2 APPLICANT RRVP PICKERING WESTINC. DATE JAN. 5, 2005 DRAWN BY JB FILE No. A 01/05 SCALE 1:5000 CHECKED BY GR FOR DEPARTMENT USE ONLY PN-9 PA- ATT,~HME~NT# ~--'ro i \ I I i I IIIIIIIIIIIIIIIt-'., IIIIIIIIIt111111111~ IIIIIIIIIIIIIIIIII1~ IIIIIIIIIIIIIIIIL.,/ // ATTACHMENT #,,.~1'0 ~NFOP~ATION EEPO[~# 0~...-05 2 ATTACHUENT#_.~TO ~N~ORMAT!ON R~T# O,Z.- 05 THE CORPORATION OF THE TOWN OF PtCKERINQ BY-LAW NUMBER 2351/87 8eing a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part of Lots 17 and 18, Concession 1, in the Town of Pickering. (Parts 6 to 13 inclusive and 22 and 23, Plan 40R-9576; and Plan 40R-5341). OPA 86-28/D/P; A 26/86 WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of certain industrial and commercial uses on the subject lands; AND WHEREAS an amendment to By-law 3036, therefore deemed necessary; as amended, is 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 17 and 18, Concession l, Picketing, designated "M1-7/ SRC-3" on Schedule "I" attached hereto. 6ENERAL 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 a (2) building or part of a 'building in whibh the management or direction of a 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; "Commercial Club" shall mean an athletic, recreational or '~ocial club operated for gain or profit and having public or private membership; continued... (5) ,j '~evoked & (6) :Amended by :By-law 2898/88 .; ;; (7) ,! ,! (8) iRevoked & !~mended by ' i~y-1 aw 2898/88 (10) (11 ~i~ACHMENT # ~NFOR,¥ATION "Financial Institution" shall mean a building or part of a building in Which money is deposited, kept, lent or exchanged; "Food Store" shall mean a building gr part of a building in which primarily food produce is stored, offered and kept for retail sale to the public and in which items or merchandise of Oay-to~day household necessity ma-y be stored, offered and kept for retail sale to the public; "Gross Leasable Floor Area" shall mean the aggregate of the floor .areas .of all storeys above or below established grade, designed fo~ owner or tenant occupancy or exclusive use only, but excluding 'storage areas below established grade; "Home and Design Centre" shall.mean a buildinq or buildings in which home related Products including but not limited to furniture~ appliances, electrical fixtures, carpets and floor coverings, building and olumbin9 supplies, draperies, hardware and garden s.upplies are ~tored, offered and kept for wholesale or'retail sale, but shall not include food stores and ne.igh- bourhood ~tores; "Home Improvement Centre" shall mean a building or part of ~ building used primarily for t~e display, wholesale and retail sale of building materials, hardware or accessories including lumber; ' "Hotel" shall mean a building, or two or more buildings attached above g~ade, used for the purpose of catering to the needs of the.travelling public' by providing overnight sleeping accommodations of not less than 2~ bedrooms and may include uses accessory thereto, including meeting rooms, conference rooms, recreationa~ facilities and dining and lounge areas; (a) "Lot" shall mean an area of land Fronting on a street ~ is.used or intended to be used as the site of a building, or a group of buildings, as the case may be, together with any accessory buildings or structues, 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) "Eot Frontage" shall mean the width of a lot between 'the side lot lines measured along a line parallel to and~7.5 meEres distant from the front lot line; "Neighbourhood S~ore" 'shall mean a retail store in which food, drugs, periodicals or similar 'items of day-to-day household necessity are kept for retail sale primarily to residents of, or persons employed in the immediate neighbourhood~ "Parking Space" shall mean a usable and ac6essible area of not less than 15.95 square metres, for the temporary park- ing of a vehicle, but shall not include any portion of a parking aisle or driveway; continued... (12) i~evoked & (la) ;! Amended by · By-law 2898/88 knended (:15) by By-law 4434/94 Au~nded by (16) By-law 5425/98 A~ ~nded by (17) -law 5425/98 (18t to (18) (27) Amended by By-law'. 5670/00 .. ATTACHMENT#~'{~ ,umRmV ON =VOk'T# Oz 7_05. "Restaurant-Type D" shall mean a building or part or a .,. 6uLlding where Food is prepared and offered or ke~[ for ;, retail sale (o the public for immedlaLe consumption on the " premises, and which may include an accessory ~al~e-out component; j'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 sto~age rani< exes.pt as an accessory use; / "Yard" shall mean an area or land which is appurtenant t~ and located on [li~ same lot as a building or structure and is open, uncovered and ·unoccupied above ground except' ~or such accessory bufldings, structures, or other· uses as are speb~¢ica~ly permitted thereon; "Retail Warehouse-Type B" shall mean a warehouse of at least 1,400 square metres,,having a floor-to-ceiling h~ight of at least 5 megres, and in which o~er 10% but less than 9~ of the gross, floor area is used for retail sales, but does nob include a supermarket or department .store.. "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 for remuneration, but shall not include a body shop or any establishment, engaged in the retail sale of vehicle fuels; "Vehicle Sales or Rental Estabhslunent shall mean an establishment used for thb sale, ' rent. or lease of vehicles, and which may include as an. accessory .use thereto, the outdoor display df vehicles for sale, rent, or lease, a vehicle repair shop, a restaurant-type D with a gross floor space of not more than 150 square me~es, offices, a car wash, and sales 6f autOmobile-related product& but shall not include any establishment engaged in the retail sale of motor vehicle fuels. "Convenience Store'~ shall mean a retail store: in.~hich, food, 'dmgs,.perlbdicals or similar items of day-to,day household necessity are kept for retail sale primarily to residents or persons ~aployed'irr ftie immediate heighten'hood; (19) "Discoui~t Department Store" shall mean a discount i~epartmen/: store as defined bs;.Statisfics' Canada, such as but not limited to Zellffs and .Wal-Mart, engaged it/ general merchandis'.mg 9f a Wide. range Of commodities and services which may. '. - include but i~. not limited to' hppatel, hardware and household goods, garden auppfies, automotive supplies,.leisure; pet and drag items and t. oys;- . .. '(20) ~'Drug Store" shall mean a building or part of a building in. which Phar/na~entical p~.'escripfions are compounded and dispensed'to tho public, and where medicine, medical supplies and associated merchandise, con.Ce~tionery iterms, coSmetics, toiletries, periodical% or s/miler items bf ~tay-to-day houseW)'ld necessity m-o stored, .displayed and offered for retail sate; (21). ~'Food 8tore" shall mean a. building or part cfa building in which, primarily food produce is store& offered and kept for reta/1.sale to the public and in which items . or merchandise of day-tg-day necessity m~ be st~red, offered md kept for'retail · sale t9 the public; (22)' "Gm ._ et'at ~y. tercnanatse Store" shall mean a general merchandise store as defined by Statistics Chnada (t980 Stmadard Indus/rial Classification Code 6413), such as. b..ut, not limited to .Bi-Way; Bargain ltarolds,"and Stedmans, engaged in genera/- m~chandising of a wide' range of cmmnodifies and services,. Which may include but is not limited to appai:el, hardwa/'e and household g6ods, garden supplies, Revoked & Amended by By-iaw 5670/00 Revoked& Amended b.y }~Y-iaw 2~98/88 (24) (27) "'Maisr D~partment Store" shall mean a major department.stem as defined by · Statistics Canada, roach 'as but not limited to Eaton% 8ears and Th6 Bat, engaged in general merchandising of a wide range of connnodities and services, wkidh re. ay include but .isnof lira/ted ~o apparel, hardware and h0tme'hold goods, gar4en ' supplies, automotive supplies,'leisure, Tpe~ and' drug items trod toys; '~Profession~l Office" .shall mean a building· or part of a building in Which medical, legal or other professional s~rvice is performed or cousnltation giveh, :and which may. include a clkdc, the off~ces of an architect,.a.chartered acct~hntank an engineer, a lav~yor or a physician, but shall not include a body-mb parlour as · defined by the Municipal Act, R.S.O. 1990, c.M. 45, as amended l~om time-to-time, or any successor thereto; "Restaurant - T.yp~. A, shall mean a buildiug o'r bart ot~ a'building Wher~ food ii prepared and offered or kept for rethil sale to the phblio for immediate consumpt/on on the premises or offthe premises, .or both, but shall not include an adult entertninment pgrlour as defined in-the Municipal .Act, 1La.O..19.90, c.M. 45; as amzaded from time-to-.fi.me, or any'succesSor thereto;. ~Retail Store'/sh'hll mean a b~filding or phrt of a'buiIding in which goods, wares, merchandise, substances, articles, Or things ar.e stored, kept and offered for retail. . sale to tho Public, but shall no.t incl~ide a food'store, a discount department st&e, a major dep .m~..ent store, a[ convenienfie stgre; .a dm.g store; a ~ddeo store, or-a 'general merchandise store; "Video St~re" shall mean a'l~ulldlng or part of a building. ~ which wide0 c~ssette' recorders and' tapes'and accessories .thereto are stored, sen, iced, displayed, and · offered for.rent or retail sale to the public for use offthe premises only. PROVISIONS O)(a) (b) 'Uses ?ermitted.("Mt-7/SPC-3" Zone) No person shall within the lands designaled.i"lVIl-TlSPC-3'' on Sched..ule 'T' .. attacheit hereto use any lot or erect, alter or me any building or structure for any purpose except the'following: (i) b'.usiness Office;. ..(ii) eommemial club; · · (iii)financial institution, as accessory to a home and design cmitre only; (iv) · home and design centr.e; (v) 'home impr6vement Centre, as accessory tO a homo and design centi'e only;' (vi) hotel; (~,ii). pmfemSional office;- (viii). retail storel. (ix) restaurant - type A; (x). 'vehicle sales or rental establishment. Zone Requirements ("H1-7/SPC-)" Zone) No person shall within the lands designated "Mt-7/ SPC-3" on Schedule "I" attached hereto, use any'lot or erect, alter or use any building except in accordance, with ~he following,provisions: (i) YARD SETBACKS (minimum): as iJl'ustrated on Schedu!e I at~:ached he re to '(ii) BUILDING HEIGHT (maximum): 22 metres Revoked Amended By-law.567b/06 Revoked & Amended 2898/88 'R~Ivoked'& ' A ' An~ended by' B}/flaw 5670/00 ATTACH~EN?# q (i~i) OPEN STORAGE: ..... All uses, oCher'than park'ing, shall tal<e place entirely within enclosed buildings or structures witl~ no outside storage or display except: A For the home improvement centre component of a home and design centre, lumber and other supplies 'mgy be stored or displayed outside so long ss no more than 50% of the gross leasable floor area of. that component is Used rcs storage or .display, and alt such storage and displax a~eas are completely and permanently screened From a buildings, s~ructures, walls~ 11 Public 'roads ' by or any combination thereof.;,, fences, landscaping, B Key the garden' supply component of a home and design centre, garden supplies may be stored or displayed in a part'icily enclosed structure,, so long as no more than 80% 'of the gross leasable floor area of that component is used rcs storage or display, and all such storage or display areas are completely screened from all public roads by buiiding$, ~tructures; waIis', Fences iandscaping or any combination thereof. A For ~ ve~cle s~¢s'.or rental ~mbiishmeu~ there 'sh~l be pro~ded .aud maintained on lan~ d~ignatcd "Mi-W$?C_3,. on 8ched~e.I ~tached" ~emtoi .a minimum, of 4. p~ldng spaces.per 100 square m~es · . "customers and employees, ~ ad~on to any p~king 'pro,dod ~r ~e. '. outd?o~ ~splay o£veN~es ~r s~ r,nt'or l~e; B For aH o~ pertained uses,' ~e slmll be pro~ded and m~intained on · · Iands design~ed '~V~I-7/SPC-3" on Sehed~e I 'affaehed. h~eto; a minimum Of 1,00~ p~ldng s~a¢bs; . - C Bespite Section 5.2.1.2~ of Byqaw 303~ ~ amende~ all p~king .shall be sicced wi~. bfic~ ~ph~t. or concrote, ~ .any comb~afion B kgendedby D By-law 5425/98 E~Ito H iE tended by C SPECIAL REGULATIONS: The maximum aggregate gross leasable floor area for all r~staurauks- type A shall be 2,000 square metres, urless at le~t one restaurant - ~,'pe A has a mifiimum gross le~able floor area of .1~000 squaro metre, s, in which case the maximum aggregate gross leasable floor area for al/restaurants - type A shall be 3~000 sqnm'e metres; .. : . The a§g[egate el (he.gross leasable floor areas el all. ho,nc ar,d ~le.sig)~ centres' on the lands designated "klI-?/$PC-3" on $~hedule I attached hereto shall exceed 10~000 square recites; The percentage o! the lands designated "MI-?/SPC, J" o:,. ~c!:echd¢ ,' attached hereto:.C..ov.ered by all buildings shall riel exceed ~0 percent'. The outdoor display of vehi'cles for sale, rent, or lease associated with a vehicle sales or rental c~tabllshrncnt shall only bc loca~ed within ~he hatched area identified on Schedule I attached hereto. Maximum'aggregate gross leasable floor area'for all uses ihall be 27;000 s~are :1 F G Ma,mum aggregat6 gross leasable floor m'ea for all' bus/ness and professional. offices shall b6 6,000 squm'e metres; M_inhnum unit size for a retail store shall be 1,400 square metres; 'Notwithstanding clause G above, a maximum aggregate gross leasable floor area · o£9,000 square metres shall be permitted: for retail stores less than 1;400 square metres, but larger than or equal to 300 square metres; (2)' of whit.h, a mx/mum aggregate floor area of 1, 350 square.metres shall be penhitted for retail st0ms less than 50Q s}tuare metres, but lai'ger th~ br equal to 300 'square inert'es. ' Revoked 't& Amc n d ed by By-law 2898/88 (2) DY-LAW 30.36. By-law 301t6, as amended, is hereby h.n'lher nme ~c cci only to Ihe eXlell! BeCC55ary tO give el[ect to the provisions el this By-law.as it applies to the area set' out in Schedule I attached hereto. DeIinilions.and subject matters not specifically dealt wJtll hl this.~y-law shall be governed by the relevant provJslons o[ 13~-Iaw 3036~ as. amended, Section 5.21.2(b) oI By-law 3036~ a-s amended, shall not al)ply 1o 'the lands designated "MI-7/SPC~3" on Schedule I attached hereto. By-law IJtty/82, which amended By-law 3036, is hereby revoked. 7. ENFORCEMENt (1) (2) Any person who contravenes any of the provisions of this By-law is guilty of an offence.and on conviction is liable, (a) on a first conviction to a fine of not more than' $20,000; and ' (b) on a subsequent- conviction to a fi'ine of not more than $10,000 for each day 'or part thereof' upon which the contravention has'continued after the day On which he was first convicted. Where a corporation is convicted under .maximum penalty that may be imposed'is, (a) on 'a first conviction a fine o'f 'not and (b) on a subsequent conviction a f~ne of not more than $25,000 for .each day or part thereof upon ~hich the contravention has been continued after the day on which the corporation was first convicted; ~u'bsect'ion (1), the more than $50,0001 and not as provided in subsection (1), Where a conviction is entered, under subsection (1), in: addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. 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 FIRST AND SECOND TIME .THIS 19d~ DAY .OF O'a.P, ua. ry ,'1987, READ A THIRD TIME AND PASSED THIS 21st DAY OF April 'RE. ANDERSON i 'TOWN OF !PI(3~ERIF!G 'i APPR0;E3 , 1987. C LBRK BRUCE O. TAYLOR NOTION ~NOTION ROAD .I BROCK ! ROAD~ ATTACHMENT# ~.~..'l~ ~"O~,"~A~ON REPORT# Appendix A: Proposed Zoning By-Law PLANNING, DEVELOPMENT & PROJECT MANAGEMENT CONSULTANTS 28 Bellefair Avenue Toronto Ontario M4L 3T8 Telephone: 416-693-9155 FacsmiJe: 416-693-9133 thebiglierigroup@sympatioo.ca CORPORATION OF ~ CITY OF PICK'R~RING BY-LAW NUMBER XX/05 Being a By-law to amend Restricted. Area (Zoning) By-law 3036, as amended, to implement the Official Plan ofthe City of Pickering District Planning Area, Region of Durham, in Part of Lots 17 and 18, Concession 1, in the City of Pickering. (Parts 6-13, 22&23, Plan 40R-9576; and Plan 40R-5341). WHEREAS an amendment to By-law 3036, as amended, to permit expansion of the uses permitted on the subject lands and to eliminate certain restrictions on commercial, retail and service uses on the subject lands is deemed necessary by the Council of the Corporation of the City of Pickering; 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 the By-law shall apply to those lands in Part of Lots 17 & 18, Concession 1, City of Pickering, designated as MU-SRN (2) on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, structure, 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, (a) "Assembly Itall" shall meana building or part of a building in which facilities are provided for purposes such as civic, educational, political, religious or social meetings and which may include an auditorium or a banquet hall; (b) '~ody Shop" shall mean an establishment engaged in repairing or painting vehicle bodies; -2- ¢) "Business Office" shall mean a building or part ora building in which the management or direction of a 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; "Commercial Club" shall mean an athletic, recreational or social club operated for gain or profit and having public or private membership; (e) "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, roller- skating rinks, squash courts, swimming pools and other similar indoor recreation facilities are provided and operated for gain or profit, and which may include an arena or stadium but shall not include a place of amusement or entertainment as defined herein; 'Convenience Store" shall mean a retail store in which food, drags, periodicals or similar items of day-to-day household necessity are kept for retail sale primarily to residents or persons employed in the immediate neighborhood; 'Discount Department Store" shall mean a discount department store as defmed by Statistics Canada, such as but not limited to Zellers and Wal-Mart, engaged in general merchandising of a wide range of commodities and services which may include but is not limited to apparel, hardware and household goods, garden supplies, automotive supplies, leisure, pet and drag items and toys; 'Drug Store" shall mean a building or part of a building in which pharmaceutical prescriptions are compounded and dispensed to the public, and where medicine, medical supplies and associated merchandise, confectionery items, cosmetics, toiletries, periodicals, or similar items of day-to-day household necessity are stored, displayed and offered for retail sale; 'Dry Cleaning Depot" shall meana building or part ora 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 any such processes; (J) 'Duplicating Shop" shall mean part of a building where such items as letters, plans, pictures and documents are reproduced by photostating, blueprinting or other similar -3- (k) "Financial Institution" shall mean a building or part of a building in which money b deposited, kept, lent or exchanged, and which includes a chartered bank or branch thereofi '~'loor Area" shall mean the aggregate of the floor areas of all above and below grade storeys, but shall exclude the floor area of any stairwells, elevators, and any part below established grade used exclusively for storage purposes; 'lZood Store" shall mean a building or part of a building in which primarily food produce is stored, offered and kept for retail sale to the public and in which items or merchandise including items of day-to-day necessity may be stored, offered and kept for retail sale to the public; 'General Merchandise Store "shall mean a retail store engaged in general merchandising of a wide range of commodities and services, which may include but is not limited to apparel, hardware and household goods, garden supplies, automotive supplies, leisure, pet and drug items and toys; (o) "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 those areas used exclusively for storage purposes which are below established grade or within mezzanines; (P) 'l-Iotel" shall mean a building, or two or more buildings attached above grade, used for the purpose of catering to the needs of the traveling pubic by providing overnight sleeping accommodations of not less than 25 bedrooms and may include uses accessory thereto, including meeting rooms,, conference moms, recreational facilities and dining and lounge areas; (cO '[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 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; (r) '[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 fi'om the front lot line; (s) 'Wlajor Department Store" shall mean a major department store as defined by Statistics Canada, such as but not limited to Sears and The Bay, engaged in general merchandising ora wide range of commodities and services, which may include but is not limited to -4- apparel, hardware and household goods, garden supplies, automotive supplies, leisure, pet and drug items and toys; 'Personal Service Shop" shall mean an establishment in which 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-mb parlor as defined in the Municipal Act, R.S.O. 1990, c.M. 45, as amended fi.om time-to- time, or any successor thereto; '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 an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1990, c.M. 45, 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-mb parlour as defined by the Municipal Act, R.S.O. 1990, c.M. 45, as amended fi.om time-to-time, or any successor thereto; 'Restaurant - Type "IV' 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, but shall not include an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1990, c.M.45, as amended from time-to- time, or any successor thereto; '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' but shall not include a food store, a discount department store, a major department store, a convenience store, a drug store, a video store, or a general merchandise store; '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 in remm for remuneration, but shall not include a body shop or an,v establishment engaged in the retail sale of vehicle fuels; '~ehiele Sales or Renm! Esmb!ishment" shah mean an e~,ablishment used for the sale, rent or lease of vehicles, mid which may include as an accessory use thereto, the outdoo~ (aa) (bb) (cc) -5- display of vehicles for sale, rent. or lease, a vehicle repair shop, a restaurant-type F with a gross floor space of not more than 150 square metres, offices, a car wash, and sales of automobile-related products, but shall not include any establishment engaged in the retail sale of motor vehicle fuels; '~ideo Store shall mean a building or part ofa bmldmg m which video players and media and accessories thereto are stored, serviced, displayed, and offered for rent or retail sale to the public for use off the premises only; '~rV'arehouse" 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; '~ard" 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. 5. PROVISIONS (a) Uses Permitted No person shall, within the lands designated MU-SRN (2) on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following, subject to specific provisions in this By-law: (i). assembly hall; (ii) business office; (iii) commercial club; (iv) commercial-recreational establishment; (v) convenience store; (vi) discount department store; (vii) drag store; (viii) dry cleaning depot; (ix) duplicating shop; (x) general merchandise store; (x~) personal service shop; (xh) financial institution; ~xiii) food store; (xi¥) hotel; -6- (xv) professional office; (xvi)restaurants-type "F"; (xvh)retail store; (xviii) vehicle sales or rental establishment; (xix)vehicle repair shop; (xx) video store. (b) Zone Requirementq "MU-SRN (2)" Zone No person shall, within the lands designated MU-SRN(2) on Schedule I attached hereto, use any Lot or erect, alter or use any building except in accordance with the following provisions: YARD SETBACKS (minimum): as illustrated on Schedule I attached hereto (ii) BUILDING HEIGHT (maximum): 22 metres (ih') OPEN STORAGE: All permanent uses, other than parking, shall take place entirely within enclosed buildings or slmctures with no outside storage or display; O) Notwithstanding the foregoing, an outdoor sales and display area may be established and maintained in conjunction with and as accessory to any food store, discount department store, or retail store in excess of 1,750 square metres, provided that the outdoor sales and display area is not more than 20% of the floor area, up to a maximum of 2,000 square metres, and further provided that all such outdoor storage and display areas shall be completely screened fi'om all public roads by buildings, structures, walls, fences, landscaping, or any combination thereof; (c) Notwithstanding clause A and B above, a maximum of one outdoor storage and display area may be established and maintained on lands designated MU-SRN (2) on Schedule I attached hereto, in conjunction with and accessory to a retail store with a minimum floor area of 9,000 square metres, devoted primarily to the sale ofhome improvement items, provided that the outdoor storage and display area does not exceed 3,000 square metres in size, is completely screened by buildings, structures, walls, fences, landscaping or any combination thereof; and provided fu~&er that the area devoted to outdoor storage shall not be included ~ the calculation of floor area or gross leasable floor area. -7- PARKING REQUIREMENTS (A) For a vehicle sales or rental establishment, there shall be provided and maintained on lands designated MU-SRN (2) on Schedule I attached hereto, a minimum of 4 parking spaces per 100 square metres for customers and employees, in addition to any parking provided for the outdoor display of vehicles for sale, rent or lease; (B) For all other permitted uses, there shall be provided and maintained a minimtan of 1000 parking spaces on the lands designated as MU-SRN (2) on Schedule I attached hereto; (c) Notwithstanding Section 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all entrances and exits to parking areas and all parking areas shall be surfaces of brick, asphalt or concrete, or any combination thereof; Section 5.21.2 (b) of By-law 3036, as amended, shall not apply to the lands designated MU-SRN (2) on Schedule I attached hereto. SPECIAL PROVISIONS: A maximum of one food store with a floor area greater than 700 square metres shall be permitted on the lands designated MU-SRN (2) on Schedule I attached hereto; (B) The percentage of lands designated MU-SRN (2) on Schedule I attached hereto covered by all buildings shall not exceed 40%; (c) Notwithstanding any other provision contained herein, an enclosed shopping centre, pedestrian mall, or other enclosed pedestrian structure providing access to more than one building for members of the public, shall not be permitted; The outdoor display of vehicles for sale, rent or lease associated with a vehicle sales and rental establishment shall only be located with the hatched area identified on Schedule I attached hereto; The maximum gross leasable floor area for ail uses shaft be 27,000 square metres; -8- (G) (I) The maximum aggregate gross leasable floor area for all bUSiness offices and professional offices shall be 6,000 square metres; Maximum aggregate floor area for all restaurants - type "F" shall be 2,000 square metres, unless at least one restaurant - type "F" has a minimum floor area of 1,000 square metres, in which case the maximum aggregate floor area for all restaurants- type "F" shall be 3,000 square metres; Minimum unit size for a retail store shall be 1,400 square metres; Notwithstanding clause H above, a maximum aggregate floor area of 1,350 square metres may be used for retail stores less than 1,400 square metres. o By-Law 3036 (a) By-law 2351/87, as amended, be and is hereby revoked. Co) By-law 3036, 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 1 attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended; (c) In the event of any inconsistency between the provisions of this By-law and any general provisions of By-law 3036, then the provisions of this By-law shall be deemed to govern. 7. EFFECTIVE DATE, This By-law shall take effect from the day of passing hereof. READ A FIRST AND SECOND TIME THIS READ A THIRD TIME AND PASSED THIS DAY OF ,2005. DAY OF ,2005. Mayor -9- Clerk K:iJFARBER\VqpData\RioCanLPickering Design Centre Re-Zoning\By-law3.wpd