HomeMy WebLinkAboutBy-law 5850/01June 12, 2001
To:
From:
Subject:
PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
B.J. Taylor
City Clerk
Ray Davies
Planning Technician
Draft Amending By-Law for
Zoning By-Law Amendment Application A 36/00
F. and A. Scanga Holdings Limited
Lot 23, Plan 492
1862 Liverpool Road
(West side of Liverpool Road, between Kingston and Glenanna Roads)
City of Picketing
On June 11, 2001, Committee of the Whole recommended approval of Zoning By-Law
Amendment Application A36/00 to amend the zoning of the subject lands from the current "RY'
- Residential Detached Dwelling Third Density Zone to "R3-MU" - Detached Dwelling
Residential and Mixed Use Zone, in order to convert the existing dwelling to permit business
office, professional office, personal service shop, and limited retail uses. A detached dwelling
would continue to be a permitted use.
The draft by-law has been circulated to and approved by the applicant. Should Council adopt
Committee of the Whole's recommendation for approval at their June 18, 2001 meeting, Council
may consider the attached Zoning By-Law later on that same meeting.
A Statutory Public Meeting was held for this application on February 15, 2001.
Please note that this by-law may be considered at the June 18, 2001 Council Meeting,
provided Council approves the above-noted application earlier that same meeting.
The purpose and effect of this by-law is to amend the zoning of the lands from "R3" to "R3-
MU", in order to permit business office, professional office, personal service shop, and limited
retail uses on the subject property. A detached dwelling would continue to be a permitted use.
If you require further assistance or clarification, please do not hesitate to contact the undersigned.
I concur that this by-law
Director~g~ Development
RXD/jf
£nclosurc
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 5850/01
Being a By-law to amend Restricted Area (Zoning) BY-law 3036, as amended, to
implement the Official Plan of the City of Picketing District Planning Area,
Region of Durham in Lot 23, Plan 492 in the City of Pickering.
(A 36/00)
WHEREAS the Council of The Corporation of the City of Picketing deems it desirable to permit
the establishment of personal service shop, business and professional office, and limited retail
uses, on lands being Lot 23, Plan 492, City of Picketing;
AND WHEREAS an amendment to By-law 3036 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 Lot 23, Plan 492 in the City of
Picketing, designated "R3-MU" 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.
DEFINITIONS
In this By-law,
(1)
"Adult Entertainment 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)
"Business Office" shall mean a building or part of a building in which the
management or direction of business, a public or private agency, a brokerage or a
labour or fi:atemal 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;
(3)
"Convenience Store" shall mean a retail store in which food, drugs, periodicals or
similar items of day-to-day household necessity are kept for retail sale primarily to
residents of or persons employed in the immediate neighbourhood;
(4)
(a) "Dwelling" shall mean a building or part of a building containing one or more
dwelling units, but does not include a mobile home or trailer;
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(5)
(6)
(7)
(8)
(9)
0,)
"Dwelling Unit" shall mean one or more habitable rooms occupied or capable
of being occupied as a single, independent, and separate housekeeping unit
containing a separate kitchen and sanitary facilities;
(c) "Dwelling, Single or Single Dwelling" shall mean a single dwelling
containing one dwelling unit and uses accessory hereto;
(d)
"Dwelling, Detached or Detached Dwelling" shall mean a single dwelling
which is freestanding, separate, and detached from other main buildings or
structures;
"Food Store" shall mean a building or part of a building in which primarily food
produce is stored, offered and kept for retail sale to the public and in which items
or merchandise of day-to-day necessity may be stored, offered and kept for retail'
sale to the public;
(a)
"Gross Floor Area - Residential" shall mean the aggregate of the floor areas
of all storeys of a building or structure, or part thereof as the case may be,
other than a private garage, an attic, or a cellar;
(b)
"Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all
storeys of a building or structure, or part thereof as the case may be, other
than rooms jointly used by tenants of the building, such as garbage storage
areas, mechanical and electrical rooms;
(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;
(b) "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;
"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 a.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, Chapter M.45, as amended from time-to-time, or any successor
thereto, or an Adult Entertainment Parlour as defined herein;
"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 in section 224 (9)(b) of the Municipal Act, R.S.O. 1990, chapter M.45, as
amended from time-to-time, or any successor thereto, or an Adult Entertainment
Parlour as defined herein;
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(10)
(!1)
"Retail Store" shall mean a building or part of a building in which goods, wares,
merchandise, substances, articles or. things are stored, kept and offered for retail
sale to the public;
(a)
"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;
(b)
"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;
(c)
"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;
(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 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;
(0
"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) "Interior Side Yard" shall mean a side yard other than a flankage side yard.
o
PROVISIONS
(1) Uses Permitted ("R3-MU" Zone)
No person shall within the lands designated "R3-MU" on Schedule I attached
hereto, use any lot or erect, alter, or use any building or structure for any purpose
except the following:
(i) detached dwelling;
(ii) business office;
(iii) professional office;
(iv) personal service shop;
(v) retail store.
(2) Zone Requirements ("R3-MU" Zone)
No person shall within the lands designated "R3-MU" on Schedule I attached
hereto, use any lot or erect, alter, or use any building except in accordance with
the following provisions:
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(a) AREA REQUIREMENTS
(i) Any permitted use shall be subject to the area requirements of
Section 9.2 of Zoning By-law 3036, as amended;
(ii) Despite (i) above, the minimum gross floor area for a detached dwelling
residential use shall be 90 square metres;
(b) PARKING REQUIREMENTS:
(i)
For the purpose of this clause, "parking space" shall mean a useable and
accessible area of not less than 2.6 metres in width and not less than
5.3 metres in length for the temporary parking of a vehicle, but shall not
include any portion of a parking aisle of driveway;
(ii)
There shall be provided and maintained on the lands designated
"R3-MU" on Schedule I attached hereto, a minimum of 8 parking spaces
for any business office, professional office, personal service shop, and
retail store, including a detached dwelling;
(iii)
Despite (ii) above, there shall be provided and maintained on the lands
designated "R3-MU" on Schedule I attached to this By-law a minimum
of I parking space for a detached dwelling only;
(iv) Clauses 5.21.2 a) and 5.21.2 b) of By-law 3036, as mended, shall not
apply to the lands designated "R3-MU" on Schedule I attached hereto;
Notwithstanding clauses 5.21.2g) and 5.21.2k) of By-law 3036, as
amended, all entrance and exits to parking areas and all parking areas
shall be surfaced with brick, asphalt, or concrete, or any combination
thereof;
(c) SPECIAL REGULATIONS:
(i)
The maximum aggregate gross leasable floor area for all business office,
professional office, personal service shop, and retail stores shall be
130 square metres;
(ii) All uses, other than parking, shall take place entirely within enclosed
buildings or structures with no outside storage or display;
(iii) For the purposes of this By-law, a retail store shall not include a
convenience store or a food store as defined herein;
(iv) The maximum building height .shall not exceed one-storey and
6.0 metres in height.
BY-LAW 3036
By-law 3036, 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 relevant provisions of By-law 3036, as amended.
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7. EFFECTIVE DATE
This By-1aw 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 18th day of
June 2001.
R3-MU
LOT 2.3, PLAN 4-92
SCHEDULE T TO BY-LAW 5850/0]
PASSED THIS lSth
DAY OF June 2001
MAYOR
CLERK
FINCH
ANTON
FINCH
E'VERTON STREET
AVE.
RIDGEWOOD
KITLEY
GLENANNA
ROAD
GLENANNA
CULROSS
City of Pickering
WAYFARER
LANE
BAYt. Y
POPRAD
AVENUE
STREET
TATRA DRIVE
Planning & Development Department
JDATE MAY 31, 2001