HomeMy WebLinkAboutBy-law 5672/00THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 5672/00
Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to
implement the Official Plan of the City of Picketing District Planning Area,
Region of Durham in Part of Lot 19, Concession 1, City of Pickering.
(A 20/99)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to broaden
the range of permitted employment area uses on the subject lands, being Part of Lot 19,
Concession 1, City of Pickering;
AND WHEREAS an amendment to By-law 2511, as amended, 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
declared to be part of this By-law.
notations and references shown thereon is hereby
°
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Part of Lot 19, Concession 1,
City of Picketing, designated "M 1-12-2" on Schedule I attached hereto.
o
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.
DEFINITIONS
In this By-law,
(1)
"Bakery" shall mean a building or part of a building in which food products are
baked, prepared and offered for retail sale, or in which food products baked and
prepared elsewhere are offered for retail sale;
(2)
"Business Office" shall mean any building or part of a building in which one or
more persons are employed in the management, direction or conducting of an
agency, business, brokerage, labour or fraternal organization and shall include a
telegraph office, newspaper plant and a radio or television broadcasting station
and its studios or theatres, but shall not include a retail store;
(3)
"Club" shall mean a building or part of a building in which a not-for-profit or
non-commemial organization carries out social, cultural, welfare, athletic or
recreational programs for the benefit of the community;
(4)
"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 herein;
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
"Commercial-Recreational Establishment" shall mean a commercial
establishment in which indoor recreational facilities are provided, and which may
include an athletic or recreational club, but shall not include any uses permissible
within a place of amusement or entertainment as defined herein;
"Commercial School" shall mean a school which is operated for gain or profit and
may include the studio of a dancing teacher or music teacher, an art school, a golf
school or any other school operated for gain or profit;
"Dry Cleaning Depot" shall mean a building or part of a building used for the
purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and
related processes elsewhere, and of distributing articles, goods or fabrics which
have been subjected to such processes;
"Dry Cleaning Establishment" shall mean a building or part of a building where
articles, goods or fabric are subjected to dry cleaning and related processes, are
received or distributed, or where a dry cleaning plant is operated, or both, and
which may include the laundering, pressing or incidental tailoring or repair of
articles, goods or fabric;
"Food Preparation Plant" shall mean a building or part of a building in which
processed food products are cooked, baked, mixed, packaged or otherwise
prepared for distribution to retail or institutional outlets;
"Gross Leasable Floor Area" shall mean the aggregate 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;
"Light Machinery and Equipment Supplier" shall mean a building or a part of a
building in which office furniture and machines, carpet and drapery cleaning
equipment, painting, gardening and plumbing equipment, small hand power tools
and similar products are stored, offered or kept for wholesale or retail sale to
industrial or commercial establishments;
"Light Manufacturing Plant" shall mean a manufacturing plant used for: the
production of apparel and finished textile products other than the production of
synthetic fibers; printing or duplicating; the manufacture of finished paper other
than the processing of wood pulp; the production of cosmetics, drags and other
pharmaceutical supplies; or, the manufacture of finished lumber products, light
metal products, electronic products, plasticware, porcelain, earthenware,
glassware or similar articles, including but not necessarily restricted to, furniture,
housewares, toys, musical instruments, jewellery, watches, precision instruments,
radios and electronic components;
(a)
"Lot" shall mean an area of land fronting on a street which is used or
intended to be used as the site of a building, or 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;
Co)
"Lot Coverage" shall mean the percentage of lot area covered by all
buildings on the lot;
(c)
"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
line;
(14)
(15)
(16)
(17)
(18)
(19)
(2O)
(21)
(22)
(23)
"Manufacturing Plant" shall mean a building or part of a building in which is
carried on any activity or operation pertaining to the making of any article, and
which shall include altering, assembling, repairing, ornamenting, finishing,
cleaning, polishing, washing, packing, adapting for sale, breaking up or
demolishing the said article;
"Merchandise Service Shop" shall mean an establishment where articles or goods
including, but not necessarily limited to, business machines, appliances, furniture
or similar items are repaired or serviced, and includes the regular place of
business of a master electrician or master plumber, but shall not include a
manufacturing plant or any establishment used for the service or repair of vehicles
or a retail store;
"Personal Service Shop" shall mean an establishment in which a personal service
is performed and which may include a barber shop, a beauty salon, a shoe repair
shop, a tailor or dressmaking shop or a photographic studio, but shall not include
a body-mb parlour as defined in section 224(9)(b) of the Municipal Act, R.S.O.
1990, as amended from time-to-time, or any successor thereto;
"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, 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 in the Municipal Act, R.S.O. 1990, as amended from
time-to-time, or any successor thereto;
"Place of Assembly" shall mean a building or part of a building in which facilities
are provided for civic, educational, political, recreational, religious or social
meeting purposes and may include facilities for entertainment purposes such as
musical and theatrical performances, but shall not include a place of amusement
or entertainment as defined herein;
"Place of Worship" shall mean a building or part of a building dedicated to
religious worship and may include a church, synagogue, temple or assembly hall
along with accessory office space and nursery facilities, but shall not include a
day nursery, day care center or nursery school;
"Printing Establishment" shall mean an establishment used for blueprinting,
engraving, electro-typing, photocopying, plotting from disk, printing, stereotyping
or typesetting;
"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 a physician, but shall not include a body-mb parlour as
defined by the Municipal Act, R.S.O. 1990, c.M. 45, as amended from time-to-
time, or any successor thereto;
"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;
"Rental Establishment" shall mean a building or part of a building in which
goods, wares, merchandise, substances, articles or things are offered or kept for
offer for rent directly to the public, but does not include the rental of motor
vehicles, and does not include a video store;
4
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
"Sales Outlet" shall mean a building or part of a building accessory to a bakery, a
food preparation plant, a light manufacturing plant, a manufacturing, a
merchandise service shop, a printing establishment, or a warehouse, wherein
products manufactured, produced, processed, stored, serviced or repaired on the
premises are kept or displayed for rent or for wholesale or retail sale, or wherein
orders are taken for future delivery of such products;
"Scientific, Medical or Research Laboratory" shall mean a building or part of a
building wherein scientific, research or medical experiments or investigations are
systematically conducted, or where drugs, chemicals, glassware or other
substances or articles pertinent to such experiments or investigations may be
manufactured or otherwise prepared for use on the premises;
"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, but shall
not include a body shop or any establishment engaged in the retail sale of motor
vehicle fuels;
"Vehicle Sales or Rental Establishment" shall mean an establishment used for the
sale, service, rent or lease of vehicles and which may include as an accessory use
thereto a vehicle repair shop, but shall not include any establishment engaged in
the retail sale of motor vehicle fuels;
"Video Store" shall mean a building or part of a building in which video cassette
recorders, tapes, and accessories thereto are stored, serviced, displayed, and
offered for rent or retail sale to the public for use offthe premises only;
"Warehouse" shall mean a building or part of a building which is used primarily
for the housing, storage, adapting for sale, packaging, or wholesale distribution of
goods, wares, merchandise, food-stuffs, substances, articles or things, and
includes the premises of a warehouseman but shall not include a fuel storage tank
except as an accessory use; and
"Waste Transfer and Management Facility" shall mean a building or part of a
building which is used primarily for the storage, handling or processing of
household, institutional, commercial or industrial waste;
Co)
(c)
(d)
(e)
"Yard" shall mean an area of land which is appurtenant to and located on the
same lot 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;
"Front Yard" 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;
"Front Yard Depth" shall mean the shortest horizontal dimension of a front
yard of a lot between the front lot line and the nearest wall of the nearest main
building or structure on the lot;
"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;
"Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard
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;
(t)
(g)
(h)
(i)
"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;
"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;
"Flankage 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;
"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.
PROVISIONS
(1) Uses Permitted ("M1-12-2" Zone)
No person shall within the lands designated "M1-12-2" 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)
(0
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
(o)
(P)
(q)
(r)
(s)
(0
(u)
(v)
(w)
(x)
(Y)
(z)
bakery;
business office;
club;
commercial club;
commercial-recreational establishment;
commercial school;
dry cleaning depot;
dry cleaning establishment;
food preparation plant;
light machinery and equipment supplier;
light manufacturing plant;
manufacturing plant;
merchandise service shop;
personal service shop;
place of assembly;
place of amusement or entertainment;
place of worship;
printing establishment;
professional office;
rental establishment;
restaurant - Type A;
sales outlet;
scientific, medical or research laboratory;
vehicle repair shop;
vehicle sales or rental establishment;
warehouse;
6
(2) Zone Requirements CM1-12-2" Zone)
No person shall within the lands designated "M1-12-2" on Schedule I attached
hereto, use any lot or erect, alter or use any building except in accordance with the
following provisions:
(a) OUTDOOR STORAGE:
A Open storage shall not be permitted;
(b) FRONT YARD DEPTH REQUIREMENTS (minimum): 7.5 metres
(c)
INTERIOR SIDE YARD WIDTH REQUIREMENTS
(minimum):
4.5 metres
(d)
FLANKAGE SIDE YARD WIDTH REQUIREMENTS
(minimum):
12.0 metres
(e) REAR YARD DEPTH REQUIREMENTS (minimum):
A 7.5 metres;
B
Notwithstanding section 2(e)A above, all structures shall be set
back a minimum of 15.0 metres from the north boundary of the
"M1-12-2" zone designated on Schedule I attached hereto;
(f) PARKING REQUIREMENTS (minimum):
A
B
C
200 spaces
Notwithstanding section 5.21.2(g) of By-law 2511 as amended, all
parking areas shall be surfaced with brick, asphalt or concrete, or
any combination thereof;
Sections 5.21.2(a) and (b) of By-law 2511 as amended shall not
apply;
(g)
BUILDING SIZE (maximum aggregate, all buildings on the lands):
7,000 square metres
(h) BUILDING HEIGHT (maximum):
12 metres
(i) SPECIAL REGULATIONS:
A
A sales outlet, accessory to a permitted industrial operation, shall
only be permitted provided the gross leasable area of the sales
outlet does not exceed 25% of the gross leasable floor area of the
related industrial operation;
B
Notwithstanding Clause A above, a sales outlet may exceed
25% up to a maximum of 40% of the gross leasable floor area of
the related industrial operation, provided the aggregate gross
leasable floor area of all sales outlets in a building does not exceed
25% of the total gross leasable floor area in that building;
C
The aggregate gross leasable floor area of all clubs, commercial
clubs, commercial schools, commercial-recreational
establishments, dry cleaning depots, personal service shops, places
of assembly, places of amusement or entertainment, places of
worship, and restaurants - type A on the lots shall not exceed
50% of the gross leasable floor area of all buildings on the lot;
7
D
The maximum gross leasable floor area for any personal service
shop, or restaurant - Type A shall be 325 square metres;
E
The maximum aggregate gross leasable floor area shall be:
(i) for all personal service shops on the lands: 325 square
metres;
(ii) for all restaurants - Type A on the lands: 325 square
metres;
F
Notwithstanding any other provision in this By-law, a waste
transfer and management facility shall not be permitted on lands
designated "M 1-12-2" on Schedule I attached hereto;
6. 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 govemed by relevant provisions of By-law 2511, 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 this 15thday of lVlay ,2000.
M1-12-2
ONTARIO
HYDRO
LANDS
PARTS I AND 2
4OR-- 10505
O
SCHEDULE T TO BY-LAW
PASSED THIS ~th
5672/'09:
DAY OF Ma), 2000
MAYOR
CLERK
TO:
May 9, 2000
INTERDEPARTMENTAL CORRESPONDENCE
PLANNING AND DEVELOPMENT DEPARTMENT
Bruce J. Taylor
City Clerk
FROM:
Catherine L. Rose
Manager, Policy
Draft Amending By-law for
Zoning By-law Amendment Application A 20/99
Gorvi Developments Limited
Part of Lot 19, Concession 1
(North end of Salk Road, west Side of Brock Road,
south of Highway 401)
On May 8, 2000, Pickering's Executive Committee recommended approval of
Zoning By-law Amendment Application A 20/99. This application was to permit, on the subject
lands, sales outlets associated with industrial operations with an increased percentage of floor
area, and to permit a broader range of employment uses permissible by the General Employment
designation of the Picketing Official Plan. At the same Meeting, the Committee recommended
that the draft implementing Zoning By-law be forwarded to Council for approval.
There were no recommended conditions of approval relating to the implementing
Zoning By-law amendment. However, some minor technical clarifications to the draft By-law
have been made replacing "Rental Establishment - Type A" with "Rental Establishment",
adding a "Light Machinery and Equipment Supplier" as permitted use, and clarifying wording
respecting the "Sales Outlet" provisions.
These minor technical changes are consistent with the Executive Committee's approval.
The draft by-law, including the minor technical revisions have been circulated to and approved
by the applicant.
A Statutory Public Meeting was held for Zoning By-law Amendment
Application A 31/99 on December 16, 1999.
Provided Council adopts the Executive Committee's recommendations at their
May 15, 2000 Meeting, Council may give all three readings to the attached implementing
Zoning By-law later at that same Meeting.
The purpose and effect of the implementing Zoning By-law is to permit, in accordance
with the new Picketing Official Plan designation of General Employment, a broader range of
employment area uses, including community, cultural and recreational uses, and to permit sales
outlets associated with industrial operations to have a floor area of 25% of that industrial
operation, and as an exception, to permit the floor area of the sales outlet to increase to 40% of
that industrial operation if the aggregate floor area of all sales outlets in a building does not
exceed 25% of the floor area of that building.
If you require clarification, please contact me at extension 2038.
I concur that this by-law
be considered at this time.
~CLR/par ~-~ ent
gmc~oplic~c~gorvtMlerk I. doc
Enclosure
Catherine L. Rose