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HomeMy WebLinkAboutBy-law 5065/97BY-LAW REPEALED BY , REPEALS . AMENDED BY , AMENDS DISPOSITION THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 5065 /97 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Part of Lots 19 and 20, Concession I, in the Town of Pickering. (A 18/96) WHEREAS the Council of the Corporation of the Town of Pickering passed By-law 4211/93, which amends Restricted Area Zoning By-law 251 I, as amended, to permit the continuance of a mini-putt and batting cage facility and the establishment of a games arcade, for a temporary time period, on a portion of the lands being Part of Lots 19 and 20, Concession 1, in the Town of Picketing; AND WHEREAS the Council of the Corporation of the Town of Pickering now deems it desirable to permit the establishment of a golf practice facility and commercial-recreational uses on the subject lands, being Part of Lots 19 and 20, Concession, on a permanent basis; AND WHEREAS an amendment to By-law 2511, as amended, is ihcretbre deemed necessary; 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 19 and 20, Concession 1, Town of Pickering, designated "M 1 (CRI)" and "M2(CRI)" on Schedule l 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) "Ad,lit ~0t.crtainment Parlour" shall mean a building or part of a building in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; (2) "Commercial-Recreational Es~bh hment shall mean a comme~ial establishment in which recreational f~cilitics such as bovding alleys, miniature golf courts, bingo facilities, gymnastics facilities, roller skating rinks, squash courts, swimming pools, I~rting cages, and other similar recreational facilities are provided, and which may include an athletic or recreational club, bat shall not include a pl~c of atonement or enter*ainment as defined herein, a room or an area used for any video lotlery terminal usc as governed by the Oaming Services Act, an adult entertainment parlour as defined herein or a body rub parlour as defined in thc Municipal Act, R.S.O. 1990, Chapter M.45, as amended from time-to-time or any successor thereto; (3) "Games Arcade" shall mean any building, room or area in which arc offered facilities for th~ play of: (a) three or more games of chance', (b) three or more games of mixed chance and skill; or (c) a combination of three or more games of chance and games of mixed chance and skill, for the amusement of the public, which games are not contrary to the Criminal Code of C~.nada, but shall not include a room or an area used for any video lottery terminal use as governed by thc Gaming Services Act or premises in which the only amusement facilities offered are pool tables, billiard tables or bowling alleys; (4) "Golf Practice Facility" shall mean the usc of land fi~r a driving range with target greens, which may include practice greens and/or bunkers, operated tbr the purpose of developing golf techniques; (5) "Gross Leasable Floor Area" shall mean thc aggregate of thc floor areas of all storeys above or below established grade, designed for owner or tenant occupaacy or exclusive usc 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 bc 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; (b)"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 from the front lot linc; (7) "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 a room or an area used for any video lottery terminal use as governed by the Gaming Services Act, an adult entertainment parlour as defined herein or a body rub parlour as defined in the Municipal Act, R.S.O. 1990, Chapter M.45, as amended from time-to-time or any successor thereto; (8) "Restaurant - Type E" 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 in the building or elsewhere on the premises; (9) (a) ',Yard" shall mean an area of land which is appurtenant to and located on the same !ot 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) "Front Yg,rd,' 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; (c) 2Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot and the nearest wall of the nearest main building or structure on the lot; (d) "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; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a !ot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines; (~ "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; (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) "Fiankage 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) "Flankage 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. 5. PROVISIONS ("M1 (CR1)" Zone) (1) Uses Permitted ("MI(CRI)" Zone) No person shall within the lands designated "Ml (CR1)" on Schedule I attached heret~ use any lot or erect, alter or use any building or structure for any purpose except the following: (a) all uses permitted under Section 16.1 of By-law 2511, as amended (b) commercial-recreational establishment (c) games arcade (d) golf practice facility (e) place of amusement or entertainment (f) restaurant - type E (2) Zone Requirements ("M 1 (CRI)" Zone) No person shall within the lands designated "MI(CR1)" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) any use permitted under Section 16.1 of By-law 2511, as amended, shall be governed by the relevant provisions outlined in Section 16.2 of By-law 2511, as amended (b)all other uses permitted under section 5.(1) of this by-law shall be governed by the following provisions: (i) LOT AREA (minimum): 6.0 hectares (ii) LOT FRONTAGE (minimum): 150 metres (iii) FRONT YARD DEPTH (minimum): 12 metres (iv) SIDE YARD WIDTH (minimum): 3.0 metres (v) REAR YARD DEPTH (minimum): 7.5 metres (vi) BUILDING ttEIGHT (maximum): 9.0 metres (vii) PARKING REQUIREMENTS: A There shall be provided and maintained on the lot a minimum of 70 parking spaces, or, a minimum of 8.0 parking spaces per 93 square metres of gross leasable floor area for all uses which are undertaken within buildings, whichever is the greater; B Sections 5.21.2a) and 5.21.2b) of By-law 2511, as amended, shall not apply to the lands designated "MI(CR1)" on Schedule I attached hereto; CAll parking areas shall be set back a minimum of 3.0 metres from all road allowances. (viii) SPECIAL PROVISIONS: AThe aggregate of the gross leasable floor area of all restaurants - type E on the lot shall not exceed 175 square metres. 6. PROVISIONS ("M2(CR1)" Zone) (1) Uses Permitted ("M2(CR 1)" Zone) No person shall within the lands designated "M2(CRI)' on Schedule I attached, hereto use any lot or erect, alter or use any building or structure for any purly se except the following: (a) all uses permitted under Section 17.1 of By-law 2511, as amended (b) those uses permitted under sections 5.(l)(b) through 5.(I)(f) of this by-law -5- (2) Zone Requirements CM2(CR1)" Zone) No person shall within the lands designated "M2(CR1)" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) any use permitted under Section 17.1 of By-law 2511, as amended, shall be governed by the relevant provisions outlined in Sections 17.2 and 17.3 of By-law 2511, as amended; Co)any use permitted under section 6.(1)(b) of this by-law shall be governed by the relevant provisions outlined in Section 5.(2)Co) of this by-law. 7. BY-LAW 4211/93 By-law 4211/93 is hereby repealed. 8. 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 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 the relevant provisions of By-law 2511, as amended. 9. 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 FIRSTAND SECOND TIME THIS 5th DAY OF August 1997. READ A THIRD TIME AND PASSED THIS 5th DAYOF August ,1997. MAYOR WAYNE ARTHURS BRUCE J. TAYLOR, 40R-- 1/1796 ~O PLUMMER ~STREET PARTS 5 ~: 7 BAYLY STREET SCHEDULE [TO BY-LAW 5065/9? PASSED THIS s~ DAY OF Au~us t 1997 MAYOR ~0~ INTERDEPARTMENTAL~ CO~SPONDENCE PLANNING DEPARTMENT TO: B.J. Taylor FROM: Ron Taylor Town Clerk Planning Technician Re: Draft Amending By-law for Zoning By-law Amendment Application A 18/96 Ontario Hydro (904241 Ontario Inc. - Pickering Playing Fields) Part of Lots 19 & 20, Concession 1 (North side of Bayly Street, west of Salk Road, within the Ontario Hydro Corridor) Council, on May 5, 1997, approved the above-noted application to recognize the existing commercial-recreational uses operating on the subject property, and to permit the development of a golf practice facility, all of which to be permitted as permanent uses on the subject property. This application was considered by the Town's Site Plan Advisory Committee on July 17, 1997, and recommended for conditional site plan approval. Conditions of zoning approval have or are anticipated to have been satisfied prior to Town Council's consideration of this matter, and a draft amending by-law has been prepared. The draft by-law has been circulated to and approved by the applicant, and is attached for the consideration of Town Council at their meeting scheduled for August 5, 1997. Two parking ratios were recommended for inclusion in the implementing by-law, one establishing required parking for uses undertaken within enclosed buildings, and one establishing required parking for uses not undertaken within enclosed buildings. The parking ratio for uses not undertaken within buildings was originally recommended to be based on the "maximum design capacity" of a given use. However, further review of this standard revealed several potential administrative difficulties. Therefore, a minimum of 70 parking spaces has been established to replace the original parking ratio for uses not undertaken within buildings. This minimum number is easier to administer, while ensuring that an adequate number of parking spaces are still maintained on the subject property. A minimum requirement of 70 parking spaces was determined through the use of maximum design capacity of existing and potential uses on the subject site. A second condition of approval for this application was that the applicant post a letter of credit to ensure that required works outlined through the site plan review process would be completed to the satisfaction of the Town. The applicant is currently in the process of satisfying this condition. However, at the time of writing this memo, the required letter of credit has not been received. The applicant has assured that this condition of approval will be met prior to the August 5th Council meeting. Should the applicant not fulfill this condition of approval prior to the August 5th Council meeting, then consideration of the attached implementing zoning by-law by Town Council will be delayed by removing this item fi.om the associated agenda. ..... continued It should be noted that appropriate definitions within the proposed implementing zoning by-law have been revised to prohibit Video Lottery Terminals from operating on the subject property. A Statutory Public Meeting was held for this application on January 16, 1997. Please note that this by-law may be given all three readings at the August 5, 1997 Council Meeting. The purpose and effect of this by-law is to permit the continuation of the existing commercial-recreational uses operating on the subject property on a permanent basis, and to permit the development of a golf practice facility to operate on the subject property on a permanent basis. If you require further assistance or clarification, please do not hesitate to contact the undersigned. Enclosure