HomeMy WebLinkAboutBy-law 4549/95 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NI, JMBER 4549/95
Being a by-law to amend (Zoning) By-law 1840/84 which amended
Restricted Area (Zoning) By-law 3036, to implement the Official
Plan of the Town of Picketing District Planning Area, Region of
Durham, on Block B, Plan M-1024, in the Town of Picketing
(A 28/92)
1. TEXT AMENDMENT
(1) Section 4 of By-law 1840/84, is hereby amended by adding thereto the following:
(2a) "Restaurant Drive-Through Take Out" shall mean an establishment that
provides light refreshment, such as sandwiches, doughnuts, muffins and
coffee, to customers from vehicles for consumption elsewhere;
(2) Subsection 5(1) of By-law 1840/84 is hereby amended by adding thereto the
following:
(b) restaurant drive-through/take out
(3) Clause (v) of paragraph 5(2)(b) of By-law 1840/84 is hereby revoked and the
following substituted for it:
(v) PARKING REQUIREMENTS:
A a minimum of 5 parking spaces shall be provided;
B all parking spaces shall have a minimum of 13.78 square metres;
C all parking spaces shall be set back a minimum of 3.0 metres from
all lot lines.
(4) Section 7 of By-law 1840/84 is hereby revoked.
2. EFFECTIVE DATE
This By-law shall take effect from the date of the Ontario Municipal Board order
(in its file number Z930191) amending By-law 1840/84, in accordance herewith.
O~nCD ~e[L]E DATE
Z 930191
DEC 2 ~ ~994 M 940093
0B ~ FOLIO ~ Ontado
Ontario Municipal Boa~
Commission des affaires municipales de I'Ontario
Ultramar Canada Inc. and Tim Don~ Ltd. have DEC23 1994
appealed to the Ontario Municipal Board under
subseMion 34(11) of the Plannina A~, R.S.O. ~,'.~
1990, c. P. 13, from Council's refusal or n~ to
enact a proposed amendment to Zoning By-law
3036, as amended, of ~he Town of Pickering to
rezone the prope~ Io~ted on P~ Lot 19, ~C
. Con~ssion 1, from "CA(A)" to an appropriate c,~,
designation to permit a restaurant drive-inAake o~
on the subject lands
OMB File No. Z 930191
Ultramar Canada Inc. and Tim Donut Ltd. have
referred to the Ontario Municipal Board under
subsection 41(12) of the Plannina A~, R.S.O.
1990, c. P. 13, determination and seffiement of
details of a site plan for lands composed of PaA
Lot 19, Concession 1, in the Town of Pickering
OMB File No. M 940093
COUNSEL:
L.J. To~vnsend for Tim Donut Ltd.
C. lacobelli for Ultramar Canada Ltd.
C.M.T. Sheffield for Town of Pickering
DISPOSITION delivered by J.R. MILLS on November 29, 1994
AND ORDER OF THE BOARD
This by-law will not set a precedent as all similar applications must be dealt with
by site specific by-laws as required by the District Plan. We are also not here to control
competition. The planned function of the local area was not an issue with either the
-2-
Region or the Town. The Board accepts the evidence of the planner and the
transportation/noise abatement engineer. What is proposed is good planning and will
have no negative traffic or noise impacts. This appeal deals only with the Tim Horton
drive-thru proposal and as such is allowed. The Board therefore orders that By-law
1840/84 is hereby amended by a by-law in the form as shown at Tab 7 Exhibit 3 of this
hearing, which is attached as Schedule "1" to this decision. The Town's counsel
withdrew at the beginning of the hearing as he had no witnesses to cell or argument to
present. ~ -
"J.R. Mills"
J.R. MILLS
MEMBFR