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HomeMy WebLinkAboutBy-law 4452/94 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4452/94 Being a By-law to amend By-law 2350/87, which amends Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Picketing District Planning Area, Region of Durhan~. in Part of Lot 18, Concession 1, in the Town of Pickering. (A 11/93) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to add retail warehouse and additional special purpose commercial uses as permitted uses on part of the subject lands designated "M1-7/SPC-2" on Schedule 'T' to By-law 2350/87; and WHEREAS an amendment to By-law 2350/87 is therefore necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. Section 2 of By-law 2350/87 (Area Restricted) is revoked and the following is substituted therefor: 2. REA RE The provisions of this By-law shall apply to those lands in Part of Lot 1 g, Concession 1, Pickering, designated "M 1-7/SPC-2" and "M 1-7/SPC-2( 1 )" on Schedule 'T' attached hereto. 2. Section 4 of By-law 2350/87 (Definitions) is hereby amended by adding the following after subsection (14): (15) ~ shall mean an area of land in which all or part of a building elevation of one or more buildings is located: (16) "Commercial-Recreational Establishment" shall mean a commercial establisttment 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; (17) ~ shall mean part of a building where such items as letters, plans, pictures and documents are reproduced by photostatting, blueprinting or other similar methods; (18) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (19) "Furniture or Major Appliance Sales" shall mean an establishment in which furniture, major appliances or both of them are stored. offered and kept for wholesale or retail sale; (20) "Home Improvement Centre" shall mean a building or part of a building used for the display and wholesale and retail sale of building materials, hardware or accessories, including cabinets, electrical fixtures, carpets, floor coverings, plumbing supplies, wallpaper, draperies, garden supplies, lumber and swimming pool supplies; -2- (21) "Light Machinery. and Equipment Supplier" shall mean a building or part of a building in which office furniture and machines; carpet and drapery cleaning equipment; painting, gardening and plumbing equipment; small hand and power tools, and similar products are stored, offered or kept for wholesale or retail sale to industrial or commercial establishments; (22) "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 games arcade or an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; (23) "Restaurant-Type A" 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; (24) "Retail Warehouse-Type A" shall mean a warehouse of at least 5,000 square metres, having a floor-to-ceiling height of at least 6.0 metres, and in which more than 10% but less than 90% of the gross floor area is used for retail sales, but does not include a supermarket or department store; (25) "Retail Warehouse-Type B" shall mean a warehouse of at least 1,400 square metros, and less than 5,000 square metres having a floor-to-ceiling height of at least 5 metres, and in which more than 10% but less than 90% of the gross floor area is used for retail sales, but does not include a supermarket or department store; (26) "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 return for remuneration, but shall not include a body shop or any establishment engaged in the retail sale of vehicle fuels. 3. Section 5 of By-law 2350/87 (Provisions) is amended by adding the following after subsection (l)(b): (2) (a) Uses Permitted ("M 1-7/SPC-2( 1 )" Zone) No person shall, within the lands designated "M1-7/SPC- 2(1)" on Schedule "I" attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) all uses permitted in a "MI-7/SPC-2" zone (ii) commercial-recreational establishment (iii) duplicating shop (iv) financial institution (v) furniture or major appliance sales (vi) home improvement centre (vii) light machinery and equipment supplier (viii) place of amusement or entertainment (ix) restaurant-type A (x) retail warehouse-type A (xi) retail warehouse-type B -3- (xii) vehicle repair shop (subject to section 5(2)(b)(viii)A) (b) Zone Rea_uirements ("MI-7/SPC-2(I)" Zone) No person shall, within the lands designated "M1-7/SPC- 2(1)" on Schedule 'T' attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (i) LOT AREA (minimum) 0.6 hectare (ii) LOT FRONTAGE (minimum) 30 metres (iii) LOT COVERAGE (maximum) 40 percent (iv) BUILDING HEIGHT (maximum) 22 metres (v) OPEN STORAGE: All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display, except as follows: A For a home improvement centre use, lumber and other supplies may be stored or displayed outside to a maximum area of 1,860 square metres, and all such storage and display areas shall be completely and permanently screened from all public roads by buildings, structures, walls, fences, landscaping, or any combination thereof; (vi) BUILDING SETBACKS: A Despite section 5.22(7) of By-law 3036, no building, part ora building, or structure shall be erected outside the building envelope shown on Schedule "1" attached hereto; B No building or structure shall be erected on the lands unless a minimum of 50% of the building elevation of the side of that building or structure adjacent to Brock Road is located within the build-to-zone shown on Schedule "I" attached hereto; C For the purpose of determining the pementage of building elevation located within any build-to-zone, the 'building elevation' shall mean the linear distance measured between lines drawn perpendicularly to the build-to-zone at each end of a building elevation of a building or structure; -4- (vii) PARKING REQUIREMENTS: A There shall be provided and nmintained a minimum of 5 parking spaces per 100 square metres gross leasable floor area for all permitted uses listed in section 5(2)(a), except for retail warehouse uses, and all uses permitted in a "M1-7/SPC-2" Zone: B For all retail warehouse uses, there shall be provided and maintained a mininmm of4parking spaces per 100 square metres gross leasable floor area of retail warehouse use; C Subsection 5.21.2(b) of By-law 3036, as amended, shall not apply to lands designated "MI-7/SPC-2(1)" on Schedule 'T' attached hereto; D Despite Section 5.21.2(g) of By-law 3036, as amended, all parking areas shall be paved: (viii) SPECIAL PROVISIONS: A A vehicle repair shop shall be permitted only as an integral component of, and in conjunction with, a retail warehouse-type A use; B Despite Section 2.46(c)(i) of By-law 3036, the boundaries of the lands on Schedule 'T' attached hereto which abut Brock Road and Picketing Parkway shall be deemed to be front lot lines. 4. Schedule "I" of' By-law 2350/87 is hereby revoked and Schedule '1" attached hereto is substituted therefor. Schedule "1" attached hereto Corms part of this By-law. READ A FIRST AND SECOND TIME THIS 2 7th DAY OF JUNE , 1994. READ A THIRD TIME AND PASSED THIS 27th DAY OF JUNE ,1994. ~ ~ ~ M1- 7/SPC- 2(1> '"°~1- 7/ · p^.,s 4.~ ~ SPC-2 ...... BUILD-TO ZONE (5.Om to 9.Om) L .... J BUILDING ENVELOPE / ZONE BOUNDARY N FUTURE ROAD ALIGNMENT SCHEDULE "T" TO BY-LAW 4452~94 PASSED THIS 27th DAY OF JUNE 1994 CLERK