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HomeMy WebLinkAboutBy-law 7505/16 • The Corporation of the City of Pickering By-law No. 7505/16 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 6539/05 and By-law 7236/12, to implement the . Official Plan of the City of Pickering, Region of Durham, on Part of Lots 27 and 28, Range 3, BFC (A 01/16) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands on Part of Lots 27 and 28, Range 3, BFC, in the City of Pickering to permit a drive-through facility, increase the maximum permitted total gross leasable floor space for restaurant.uses, and reduce the minimum number of required parking spaces on the subject lands; . And whereas an amendment to By-law 3036, as amended by By-law 6539/05 and By-law 7236/12,,is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Area Restricted The provisions of this By-law shall apply to those lands on Part of Lots 27 and 28, Range 3, BFC, in the City of Pickering. 2. Schedules I and II • • Schedule I attached hereto with notations and references shown thereon are hereby declared to part of this By-law and replaces Schedule I of By-law 6539/05 as amended by By-law 7236/12. Schedule ll'attached hereto with notations and references shown thereon are hereby declared to part of this By-law and replaces Schedule II of By-law 6539/05. 3. .Text Amendment 1. Section 4. Definitions, of By-law 6539/05 is hereby amended by renumbering and re-alphabetizing this subsection in order to incorporate the new definition as follows: (8) "Drive-Through Facility" means the use of land, buildings or structures, or parts thereof, to provide or dispense products or services through an attendant or a window or an automated machine, to persons remaining, in motor vehicles that are in a designated stacking lane. A drive-through . facility may be in combination with other uses. A drive-through does not include a vehicle repair shop, gas bar, car washing establishment or kiosks located within a parking garage or public parking lot By-law No 7505/16 Page 2 2. Section 5. (1) Uses Permitted ("MU-20") of By-law 6539/05 is hereby amended by re-alphabetizing this subsection in order to incorporate an additional permitted use: (f) drive-through facility 3.. Section 5. (2) (a) (iii) Building Restrictions of By-law 6539/05,is hereby deleted and replaced with the following section: "No building or portion of a building or structure shall be erected within the building envelope shown on Schedule II attached hereto, unless 46.0 metres of the entire length of the build-to-zone, adjacent to Kingston Road is occupied by a continuous portion of the exterior wall of the building or buildings containing the building interior." 4. Section 5. (2) (b) (i) Parking Requirements of By-law 6539/05, is hereby deleted and replaced with the following section: • "A minimum of 144 parking spaces shall be provided and maintained on ' lands zoned "MU-20" on Schedule I attached to this By-law;" ' 5. Section 5. (2) (b) Parking Requirements of By-law 6539/05 is hereby amended by renumbering this subsection in order to incorporate the following subparagraph: (iii) Section 5.21.2 (d) of By-law 3036, as amended, shall not apply to the lands zoned "MU-20" on Schedule 1 attached hereto; 6. Section 5. (2) (c) (i) Special Regulations of By-law 6539/05, is hereby • deleted and replaced with the following section: "A maximum combined gross leasable floor area for all restaurants on the lands zoned "MU-20" on Schedule I attached to this By-law shall be 1,220 square metres;" 7. Section 5. (2) (c) Special Regulations of By-law 6551/05 is hereby ' amended by incorporating the following subparagraphs: (ii) A maximum combined gross floor gross leasable floor area for all buildings on lands zoned "MU-20" on Schedule I attached to this By-law shall be 3,290 square metres; (iii) Drive-Through Facility Requirements: A A maximum of one drive-through facility shall be permitted; B A stacking lane, order and menu boards, and pick-up windows associated with a drive-through facility use shall not be located within 15 metres of a Residential Zone; By-law No. 7505/16 Page 3 C Drive-through stacking lanes shall not be located between a building(s) and Kingston Road; D A minimum of 8 vehicle queuing spaces before the order board and 4 vehicle queuing spaces between the order board and pick-up window shall be provided. 4. By-law 3036 By-law 3036, as amended by By-law 6539/05 and By-law 7236/12, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law, Schedule I and II. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 5. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 27th day of June, 2016. • V I. 71Z' David Ryan, ayo '27 sz• ; 5 ) • • LA,4). 3 4- ,,,c4 • 011‘..L., Debbie Shields, City Clerk _ • -C \ \ \ \ \ \\ \ \ \\ \ \ \ • \ \ \ \ SNV-P? \\ \ \ \\. 1 481'1' ∎. 1 \ ,(333.' \ \ \ R` \ \ MU-20 �9� \ \ __ PART LOT 27,B.F.C.,RANGE 3 �OPO \ \ , -\-- R 0 05` \ \ \ C)6‘ \ \ \ �� \ \ \ SCHEDULE I TO BY-LAW 6539/05 T AMENDED BY BY-LAW 7236/12 N AMENDED BY BY-LAW 7505/16 PASSED THIS 27th DAY OF June - 2016 11114s MAYORr ">.. .:71., : • V F CLERK = .... �, a'. « • = . .„ . ,,.. „y........s.,c, , __ , \ \\ \ \ \\ \ \ \ \ \ \ \ \ \�EPP p,FZ� \• \ , \ \ S \ \ \ • -c ^ `D3:2-"s...._....-K----- ,` - s 1/1/// i c°\)'''C) \ „.....,00 `'-3 om O9m \ o . /// . \ • \ \ O� • \ \ -----BUILDING ENVELOPE ®BUILD-TO-ZONE (SECOND STOREY FUNCTIONAL FLOOR AREA REQUIRED • t . N SCHEDULE II TO BY-LAW 6539/05 AMENDED BY BY-LAW 7505/16 PASSED THIS 27th DAY OF June 2016 MAYOR" �y dry 11:-. ..1. CLERK V: - p* Is.,., Attachment# Ai WIN o W "' Env. sm•isammima. ' ST. o¢ WOODAVENUE �Min��"""I.F 'I,����"C��7 " ten =� JACQUELINE Q �, el MN EDGEWOOD ,.,` III 000 WELRUS STREET loEn w- w ,�.. .� � ���// - _ OURT _ Y_ I I I I on�'111""1/� .,,Q� �' 111 )) 'eV_Am �� N.. tr,T,es EdN i x,-1Minii.illi 11111111 Q 8 mon ����Ill s IR I E COURT ', - ■ / — NV ♦ X1111 •� l IN . iln � 1 ►� gil! 1.... 1mis S IADI BR00 O� gifirg.... ES LANEo_ TOT Fin `�o I _rJ 111 :._► _ 1 SHEPPARD " 111111 I AVENUE ST.. PA L S i ON THE HILL i 'TON o / 4.-•-•-•-•-•-•-•••••-, ��w ANGLICAN ao ♦�������••►���� CHURCH_J CHOOL �������������• = — •UBJECT �.;••;- > P'OPERTY '' °PO �y LANDS 1 R m YFAIR TONED FAIR STREET w sik\IF;41 URCH !: o 40 i z • 7 v7 ��N° III i I 7-(--) *:( illi, I ` /Oil f i Location Map City _; FILE No:A01/16 I `-' `—i-- APPLICANT: 816 Kingston Road (Pickering) Limited .„'•-•;,_.-;...--- ', al,.1 II[ PROPERTY DESCRIPTION: Parts of Lot 27 and 28,Range 3,BFC,being Part 1, City Development Plan 40R-23393 and Part 1,Plan 40R-23394(820 Kingston Road) I DATE: Jan.27,2016 • Department � S, „: pp SCA►E 1:3000 IPN 8 2 2013 AFTe''grit,In jpP�.NI orinPht.R„.r..d. NoNt a Plan of Surv.y n of'""*Y. i I I I