HomeMy WebLinkAboutBy-law 6906/08
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THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.6906/0B
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, on
Part of Lot 32 and Part of Block C, Plan M1040 (Part 5 &6, 40R-10559) in the
City of Pickering. (A 11/07)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit a gymnastics facility on Part of Lot 32 and Part of Block C, Plan M1040 (Part 5 &
6, 40R-10559) in the City of Pickering;
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. SCHEDULE I
Schedule I attached hereto with notations and references shown thereon is hereby
declared to be part of this By-law.
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Part of Lot 32 and Part
of Block C, Plan 1040 (Parts 5 & 6, 40R-10559), designated "(H) M2S" on
Schedule I attached hereto.
3. GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used, occupied, and erected,
moved or structurally altered except in conformity with the provisions of this
By-law.
. 4. TEXT AMENDMENT
(1) Section 18.3.6 - Exception - is hereby amended by adding the following:
(2) Despite Section 18.1, a gymnastics facility, and accessory uses such as
a dance studio, a karate club and a soccer club, is a permitted use on that
part of Lot 32 and Part of Block C, Plan 1040 (Part 5 & 6, 40R-10559)
subject to the following provisions:
(a) 4 parking spaces per 100 square metres of gross leasable floor
area, or portion thereof, shall be provided on the subject lands.
By-law No. 6906/08
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(b) If a gymnastics facility exists on that Part of Lot 32 & Part of Block C,
Plan 1040 (Park 5 & 6 40R-10559) no other uses identified in
Section 18 shall be permitted on the subject lands.
(c) A gymnastic facility shall occur only within an enclosed building.
5. PROVISIONS
(1) Uses Permitted Zone Reauirements ("H" Zone)
Until such time as the "H" Holding provision is lifted, the lands shall not be
used for any purpose other than any use permitted by the Heavy
Manufacturing Zone "M2S" of Zoning By-law 2511, subject to the provisions
of Section 18 of By-law 2511.
(2)
Removal of the "H" HoldinQ Symbol
Prior to an amendment to remove the (H) Holding Symbol preceding the
zone category M2S, the following conditions shall be met:
(a) An appropriate Site Plan Agreement shaH be executed with and
to the satisfaction of the City of Pickering, registered on the title
of the lands, and such agreement shall address, but not be
limited to, site plan approval which shall address matters such
as, vehicle parking, lighting, landscaping, storm water
management and mechanical ventilation, space conditioning and
indoor air filtration.
(b) The Region of Durham shall advise the City of Pickering that the
Regional requirements respecting the submission of a reliance
agreement letter and a Record. of Site Condition have been
completed to the satisfaction of the Region.
6. 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. Definitions and subject
matters not specifically dealt with in this By-law shall be governed by relevant
provisions of By-law 2511, as amended.
7. EFFECTIVE DATE
By-law No. 6906/08
Page 3
~ 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 17th day of November,
2008.
David Ryan
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Debi A. Wilcox, City Clerk D.f
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SCHEDULE I TO BY-LAW
PASSED THIS 17th
DAY OF NOVEMBER 2008
6906/08
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PROPERTY
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION PLAN M1040, PT LOT 32,PT BLK C RP 40R-10559 PART 5,6 l'
.' OALAR PROPERTIES L TO. NOV. 30, 2007 JB
OWNER DATE DRAWN BY
FILE No. A 011/07 SCALE 1 :5000 CHECKED BY RC
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~ - T.ronet Ent.rpri... Inc~:ndit. eUrC:::ier.. All ri9hta Re..Ned. Not ar:::." of .UNO)'.
2005 MPAC and ite .up lie,... Aft r ht. R...rved; Not Q plan of Surv. .
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ISSUE DATE: 191
Aug. 19, 2009
PL081605
mu'i®tom
Ontario
Ontario Municipal Board
Commission des affaires municipales de ('Ontario - -
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c.
amended
IFI
Appellant: The Regional Municipality of York
Subject: By-law No. 690.6/08 I o !�
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Municipality: City of Pickering NG
OMB Case No.: PL081605 AUG Z 0 7009
OMB File No.: PL081605
CLERK'S: ctis,f `fi
APPEARANCES:
Parties Counsel171)0.
City of Pickering A.Allison . _._ - __.. -!v.r.CA __.
j_ 1&zi-/30,J l
Regional Municipality of York R. Miller
Dalar Properties Inc. and Pickering Athletic P. Harrington
Centre Inc.
DECISION DELIVERED BY JAMES R. McKENZIE AND OR e SLE
BOARD 111 TAKE APPR.ACTION !o Aek
The Regional Municipality of York ("York Region") has appealed City of Pickering Est/ZiAd
("Pickering") Zoning By-law No. 6906/08 concerning a property known municipally as
1050 Squires Beach Road ("Subject Property").
The Subject Property is located within an Employment Area known as the Brock
Industrial Neighbourhood. This area is characterized by heavy industrial activity,
including a Miller Waste Transfer Facility and the Pickering Nuclear Generator - both of
which are proximate to the Subject Property. It is also located directly across the street
from the Duffins Creek Water Pollution Control Plant, a facility jointly owned by York
Region and the Regional Municipality of Durham ("Durham Region").
In December 2007, Dalar Properties Inc. ("Dalar") acquired the Subject Property
and converted the existing industrial building into a commercial recreational facility
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supportive of such indoor activities as gymnastics, dancing, karate, and soccer. Dalar
neglected to obtain a building permit prior to doing so and was subsequently fined
following a proceeding before the Provincial Offences Court. Dalar then filed a private
zoning amendment application to permit the continued use of the facility which was
under lease to Pickering Athletic Centres Inc.
Despite recommendations from staff at both Durham Region and Pickering to the
contrary, as well as both written and oral submissions by York Region staff to the
contrary, Pickering Council approved Dalar's zoning amendment application and
adopted By-law No. 6906/08 to introduce permissions for a gymnastics facility and
accessory uses such as a dance studio, a karate club, and a soccer club to locate on
the Subject Property.
York Region appealed By-law No. 6906/08 on the basis that such uses are not
compatible with heavy industrial uses permitted and located on surrounding lands in the
Employment Area and, further, that such uses are sensitive land uses according to
Ministry of the Environment Guidelines and therefore not suitable for the Subject
Property given its proximity to the Water Pollution Control Plant.
The Parties to this appeal participated in a Board-convened mediation which
resulted in a successful resolution of matters in dispute between them. The Board was
advised that that settlement had been ratified by the respective Council of York Region
and Pickering, and that the settlement was in the process of being implemented. The
effect of the settlement is such that By-law No. 6906/08 is no longer necessary. As a
result of the settlement, this proceeding was convened on consent as a teleconference
call.
David Butler is a professional planner retained by York Region. Through an
affidavit, Mr. Butler testified that allowing the appeal — that is, repealing By-law No.
6906/08 — represents good planning, is consistent with the respective policies of both
the Pickering and Durham Region Official Plan, is consistent with the 2005 Provincial
Policy Statement, and is in the public interest. He also testified that By-law No. 6906/08
"creates a strong potential for future problems due to the location of incompatible and
conflicting lands uses within close proximity to one another." Mr. Butler's evidence
stands uncontradicted.
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The Subject Property is designated "Employment Area" in the Durham Official
Plan and "General Employment" in the Pickering Official Plan. Mr. Butler's affidavit
draws the Board's attention to policies in the Durham Region Official Plan that direct
heavy industry to be appropriately separated from sensitive land uses. His affidavit also
directs the Board's attention to provisions in Ministry of the Environment Guidelines
regarding land use compatibility - Guidelines D-1 and D-2 — and,to their treatment of
sensitive land uses within the area of influence of a Water Pollution Control Plant.
Under the Guidelines, the uses introduced by By-law No. 6906/08 are considered
sensitive land uses. Moreover, the Guidelines stipulate that sensitive land uses shall
not be permitted within the area of influence of a Water Pollution Control Plant where
the potential impacts from the operation of the Plant cannot be mitigated. In Mr. Butler's
opinion, the uses introduced by By-law No. 6906/08 do not comply with the Guidelines.
Moreover, it is Mr. Butler's opinion that the additional uses permitted by By-law No.
6906/08 would, were they to become legally existing on the Subject Property, preclude
future expansion of the Water Pollution Control Plant. It may be reasonably inferred
from Mr. Butler's testimony that such a result would not be in the public interest.
The Board adopts the uncontradicted professional planning evidence of Mr.
Butler. While the additional uses permitted under By-law No. 6906/08 would clearly
provide a community benefit through the use of the Subject Property, it cannot stand
that such benefit should trump the greater public interest of ensuring the sustainable
operation and future expansion of much needed municipal infrastructure that serves two
large regional municipalities.
Accordingly, the BOARD ORDERS that the appeal against By-law No. 6906/08
filed by the Regional Municipality of York is ALLOWED and By-law No. 6906/08 is
repealed.
This is the ORDER of the Board.
"James R. McKenzie"
JAMES R. McKENZIE
VICE CHAIR