HomeMy WebLinkAboutBy-law 5623/00THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 5623/00
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to
implement the Official Plan of the City of Pickering District Planning Area,
Region of Durham in Part of Lot 18, Concession 1, in the City of Picketing.
(A 4/99)
WHEREAS the Council of the Corporation of the Town of Picketing passed amending
By-law 1894/84 to Restricted Area (Zoning) By-law 3036, as amended, to permit the
development of light industrial and office uses on a portion of the subject lands, being Part of Lot
18, Concession 1;
AND WHEREAS the Council of the Corporation of the Town of Pickering passed amending
By-law 2350/87 to Restricted Area (Zoning) By,law 3036, as amended, to permit the
development of certain industrial and commercial uses on the subject lands, being Part of Lot 18,
Concession 1;
AND WHEREAS the Council of the Corporation of the Town of Pickering further passed
amending By-law 4452/94, to further amend By-laws 1894/84 and 2350/87, to allow retail
warehouses and additional special purpose commercial uses to be established on the subject
lands;
AND WHEREAS the Ontario Municipal Board approved By-law 5511/99 to Restricted Area
(Zoning) By-law 3036, as amended, to permit, in addition to a trade center, the development of
large format retailing establishments, on a small portion of the subject lands;
AND WHEREAS the Council of the Corporation of the City of Picketing now deems it
desirable to permit an automobile service station, and establish one set of performance standards
over all of the subject lands, being Part of Lot 18, Concession 1;
AND WHEREAS an amendment to By-law 3036, as amended by By-laws 1894/84, 2350/87
and 4452/94, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
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 18, Concession 1,
in the City of Pickering, designated "SPC-2/CA(E)" on Schedule I attached hereto.
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.
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DEFINITIONS
In this By-law,
(1)
"Accessory Use" shall mean a use customarily incidental and subordinate to the
principal use or building and located on the same lot as the principal use or
building;
(2)
"Automobile Service Station - Tyne E" shall mean an establishment where
vehicle fuels, lubricants and automobile-related accessories are offered for retail
sales, and which may also include one mechanical car wash, the dispensing of
propane fuel, other similar vehicle-oriented accessory uses, and limited
convenience retail sales within an associated sales kiosk, but shall not include
facilities for the repair and maintenance of vehicles, or facilities for the repairing
or painting of vehicle bodies;
(3)
"Build-to-zone" shall mean an area of land in which all or part of a building or
buildings are to be located;
(4)
"Business Office" shall mean a building or part of a building in which the
management or direction of a business, a public or private agency, a brokerage or
a labour or fraternal organization is carded on and which may include a telegraph
office, a data processing establishment, a newspaper publishing office, the
premises of a real estate or insurance agent, or a radio or television broadcasting
station and related studios or theatres, but shall not include a retail store;
(5)
"Club" shall mean a building or part of a building in which a not-for-profit or
non-commercial organization carries out social, cultural, welfare, athletic or
recreational programs for the benefit of the community, but shall not include 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;
(6)
"Commercial Club" shall mean an athletic or recreational club operated for gain
or profit and having public or private membership, but shall not include 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;
(7)
"Commercial-Recreational Establishment" shall mean a commercial
establishment in which indoor recreational facilities such as bowling alleys,
miniature golf courses, roller skating finks, squash courts, swimming pools and
other similar indoor recreational 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;
(8)
"Dry Cleaning Establishment" shall mean a building or part of a building used for
dry cleaning and related processes, but does not include a laundromat;
(9)
"Duplicating Shop" shall mean part of a building where such items as letters,
plans, pictures and documents are reproduced by photostatting, blueprinting or
other similar methods;
(10)
"Financial Institution" shall mean a building or part of a building in which money
is deposited, kept, lent or exchanged;
(11)
"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;
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(12)
"Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all
storeys above or below established grade, designed for owner or tenant occupancy
or exclusive use only, but excluding storage areas below established grade;
(13)
"Home Improvement Centre" shall mean a building or part of a building used for
the display, 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;
(14)
"Hotel" shall mean a building, or two or more buildings attached above grade,
used for the purpose of catering to the needs of the traveling public by providing
overnight sleeping accommodations of not less than 25 bedrooms, and may
include uses accessory thereto, including meeting rooms, conference rooms,
recreational facilities and dining and lounge areas;
(15)
"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;
(16)
"Mechanical Car Wash" shall mean an establishment where facilities are provided
for the washing and cleaning of vehicles using production line methods
employing mechanical devices wholly enclosed within a building;
(17)
"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 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;
(18)
"Professional Office" shall mean a building or part of a building in which
medical, legal or other professional service is performed or consultation given,
and which may include a clinic, the offices of an architect, a chartered accountant,
an engineer, a lawyer or physician, but shall not include a body-mb parlour as
defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to
time, or any successor thereto;
(19)
"Restaurant - Type A" shall mean a building or part of a building where food is
prepared or offered or kept for retail sale to the public for immediate consumption
on the premises or offthe premises, or both on and offthe premises;
(20)
"Retail Store" shall mean a building or part of a building in which goods, wares,
merchandise, foods, substances, articles or things are stored, kept and offered for
retail sale to the public;
(21)
"Retail Warehouse - Type A" shall mean a warehouse of at least 5000 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;
(22)
"Retail Warehouse - Type B" shall mean a warehouse of at least 1400 square
metres, and less than 5000 square metres, having a floor-to-ceiling height of at
least 5.0 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;
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(23)
"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;
5. PROVISIONS
(1) Uses Permitted ("SPC-2/CA(E)" Zone)
No person shall within the lands designated "SPC-2/CA(E)" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or structure for any
purpose except the following:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
0)
(k)
(1)
(m)
(n)
(o)
(P)
(q)
(r)
automobile service station - type E
business office
club
commercial club
commercial-recreational establishment
dry cleaning establishment
duplicating shop
financial institution
furniture or major appliance sales
home improvement centre
hotel
light machinery and equipment supplier
place of amusement or entertainment
professional office
restaurant - type A
retail warehouse - type A
retail warehouse - type B
vehicle repair shop (subject to section 5.(2)(c)(ii))
(2) Zone Requirements ("SPC-2/CA(E)" Zone)
No person shall within the lands designated
attached hereto, use any lot or erect, alter,
accordance with the following provisions:
"SPC-2/CA(E)" on Schedule I
or use any building except in
(a) BUILDING RESTRICTIONS:
(i) Building Location and Setbacks:
A
All buildings and structures, except structures deemed a
landscape feature, shall comply with the minimum setbacks
illustrated on Schedule I attached hereto;
B
A minimum of the length of the build-to-zones, as
illustrated on Schedule I attached hereto, shall contain a
building or buildings, or part of a building or buildings;
C
Despite subsection B above, accessory structures shall not
be located within any build-to-zone illustrated on Schedule
I attached hereto;
(ii) Building Height:
A maximum of 22.0 metres;
B minimum of 5.0 metres in any build-to-zone;
C
despite subsection B above, a sales kiosk and mechanical
car wash associated with an automobile service station -
type E that is located within the build-to-zone illustrated on
Schedule I attached hereto may provide a minimum height
of 3.5 metres;
(b) PARKING REQUIREMENTS:
(i)
For hotels, there shall be provided and maintained on the subject
lands a minimum of 1.0 parking space per bedroom, plus
3.6 spaces per 100 square metres of non-bedroom floor area,
excluding washrooms, lobbies and corridors;
(ii)
For business and professional offices, there shall be provided and
maintained on the subject lands a minimum off
A
4.5 parking spaces per 93 square metres of gross leasable
floor area for the first 929 square metres of gross leasable
floor area; and,
B
2.5 parking spaces per 93 square metres of gross leasable
floor area for all gross leasable floor area in excess of
929 square metres;
(iii)
For retail warehouses, there shall be provided and maintained on
the subject lands a minimum of 4.0 parking spaces per
100 square metres of gross leasable floor area;
(iv)
For an automobile service station - type E, there shall be provided
and maintained on the subject lands a minimum of 10 parking
spaces;
(v)
For all other permitted uses listed in section 5.(1) of this by-law,
there shall be provided and maintained on the subject lands a
minimum of 5.0 parking spaces per 100 square metres of gross
leasable floor area;
(vi)
Sections 5.21.2 a) to 5.21.2 e) of By-law 3036, as amended, shall
not apply to the lands designated "SPC-2/CA(E)" on Schedule I
attached hereto;
(vii)
Despite sections 5.21.2 g) and 5.21.2 k) of By-law 3036, as
amended, all entrances and exits to parking areas and all parking
areas shall be surfaced with brick, asphalt, or concrete, or any
combination thereof; and,
(viii)
All parking areas shall be setback a minimum of 3.0 metres from
any lot line, and the lands that constitute this setback shall be used
for landscape purposes;
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(c)
SPECIAL REGULATIONS:
(i)
All uses, other than parking, shall take place entirely within
enclosed buildings or structures with no outdoor storage or display;
except,
A
For a home improvement centre, lumber and other supplies
may be stored or displayed outside to a maximum area of
1860 square metres, and all such storage and display areas
shall be completely screened from all public roads by
buildings, structures, walls, fences, landscaping, or any
combination thereof;
B
For a retail warehouse - type A, ancillary seasonal products
may be stored or displayed outside, and/or an associated
outdoor garden centre may be established, to a maximum
area of 1860 square metres, and all such storage and display
areas shall be completely screened from all public roads by
buildings, structures, walls, fences, landscaping, or any
combination thereof;
(ii)
A vehicle repair shop shall be permitted only as an integral
component of, and in conjunction with, a retail warehouse -
type A;
(iii)
A maximum of one automobile service station - type E shall be
permitted on the lands designated "SPC-2/CA(E)" on Schedule I
attached hereto;
(iv)
The aggregate of the gross leasable floor area of all associated sales
kiosks to an automobile service station -type E shall not exceed
100 square metres;
The gross leasable floor area of a mechanical car wash associated
with an automobile service station - type E shall not exceed
125 square metres;
(vi)
Any building, structure or storage tank devoted to the dispensing of
propane fuel shall not exceed a maximum height of 2.5 metres.
(vii)
The sale of limited convenience items within any sales kiosks
associated with an automobile service station-type E shall not
exceed 50 percent of the aggregate of the gross leasable floor area
of all associated sales kiosks;
(viii)
Despite subsections 5.(2)(c)(i) and 5.(2)(c)(vii) of this By-law, a
maximum area of 10.0 square metres may be used for the outdoor
storage and display of limited convenience items accessory to an
automobile service station - type E;
BY-LAW
(1) By-laws 1894/84 and 5511/99, only as it affects the subject lands designated
"SPC-2/CA(E)" on Schedule I attached hereto, are hereby repealed.
(2) By-laws 2350/87 and 4452/94 are hereby repealed.
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(3)
By-law 3036, as amended, is hereby further amended only to the extem 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 relevant provisions of By-law 3036, as
amended.
7. 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.
BY-LAW read a first, second, and third time and finally passed this21 ~ay of February ,2000.
Wayne Arthurs, Mayor .:: .... -~ ..
Bruce Taylor, Clerk -- L,~ .~ (~,,'
PICKERING
SPC-2/CA(E) ~
I
MINIMUM SETBACK
BUILD-TO-ZONE
SCHEDULE T TO BY-LAW 5623/00
PASSED THIS 21st
DAY OF February 2000
MAYOR
CLEI~
February 18, 2000
INTERDEPARTMENTAL CORRESPONDENCE
TO:
PLANNING AND DEVELOPMENT DEPARTMENT
Bruce J. Taylor
City Clerk
FROM: Ron Taylor
Planner 1
ge~
Draft Amending By-law for
Zoning By-law Amendment Application A 4/99
Steele Valley Developments Limited (Canadian Tire)
Part of Lot 18, Concession 1
(South-east comer of Brock Road and Picketing Parkway)
Council, on December 20, 1999, approved Zoning By-law Amendment Application
A 4/99 to allow the. establishment of a gas bar and automobile-related accessory uses
(including an automatic car wash facility and propane fuel dispensing tank), and to establish one
set of performance standards for the proposed gas bar development and existing Canadian Tire
Store, on the subject lands.
Conditions of approval have now been satisfied (including Council's satisfaction with the
finalization of the design of the realignment of Pickering' Parkway, as expressed in Council
Resolution #09/00 passed on February 7, 2000), 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 Council at their meeting scheduled for February 21, 2000.
A Statutory Public Meeting was held for this application on June 17, 1999.
Please note that this by-law may be given all three readings at the February 21 st Council
Meeting.
The purpose and effect of this by-law is to allow a gas bar, and automobile-related
accessory uses to be established on the subject lands, and to establish one set of performance
standards over the entire property supporting an existing Canadian Tire Store and proposed gas
bar, with related accessory uses.
A small portion of the Metro East Trade Centre lands, intended to be owned by Canadian
Tire in the very near future following the land exchanges facilitating the realignment of Pickering
Parkway, will also be zoned through the approval of this by-law. Zoning these lands now will
ensure that all future lands owned by Canadian Tire fall under one zoning designation. The
owners of the Metro East Trade Centre lands have been contacted by staff, and have no objection
to the small amount of their lands being zoned through the approval of the enclosed zoning by-
law.
If you require further assistance or clarification, please do not hesitate to contact the
undersigned.
I concur that this by-law
be considered at this time.
RST/ab/ph
Enclosure
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