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HomeMy WebLinkAboutBy-law 5940/02THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5940/02 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 Part of Lot 17, Concession 1, City of Pickering. (OPA 01-004/P; A 19/01) WHEREAS the Council of the Corporation of the City of Picketing, having completed the Notion Road Land Use and Urban Design Study, deems it desirable to permit a range of mixed employment uses on the subject lands, being Part of Lot 17, Concession 1, City of Pickering; AND WHEREAS an amendment to By-law 3036, 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 17, Concession 1, City of Pickering, designated "MC - 15" 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) "Adult Entertainment Parlour" shall mean any premises or part thereof 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) "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; (3) "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; (4) "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; (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) "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; "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; "Convenience Store" shall mean a retail store in which food, drags, periodicals or similar items of day-to-day household necessities are kept for retail sale primarily to residents of, or persons employed in, the immediate neighbourhood; "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; "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; "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, drugs 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; (b) "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; (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) -3- "Manufacturing Plant" shall mean a building or part of a building in which is carded 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; "Office-Associated Commercial Establishment" shall mean an establishment providing retail goods or equipment required for the daily operation of a business office or professional office, such as a stationery store, a computer store, or an office furniture 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 or 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 herein or a body mb parlour as defined in the Municipal Act, R.S.O. 1990, Chapter M.45, 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 Religious Assembly" shall mean lands or premises where people assemble for worship, counseling, educational, contemplative or other purposes of a religious nature, which may include social, recreational, and charitable activities, and offices for the administration thereof; "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 offthe premises; (26) (27) (28) (29) (30) (31) (32) (33) (34) "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; "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 plant, 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 off the 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; "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; (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; -5- (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; (f) "Side Yard" shall mean a yard of a lot extending from the from 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) "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; (i) "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. 5. PROVISIONS (1) Uses Permitted ("MC - 15" Zone) No person shall within the lands designated "MC-15" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) bakery; (b) business office; (c) club; (d) commercial club; (e) commercial-recreational establishment; (f) commercial school; (g) convenience store; (h) dry cleaning establishment; (i) financial institution; (j) food preparation plant; (k) light machinery and equipment supplier; (1) light manufacturing plant; (m) merchandise service shop; (n) office-associated commercial establishment; (o) personal service shop; (p) place of amusement or entertainment; (q) place of assembly; (r) place of religious assembly; (s) printing establishment; (t) professional office; (u) restaurant - Type A; (v) rental establishment; (w) sales outlet; (x) scientific, medical or research laboratory; (y) warehouse. (2) -6- Zone Requirements ("MC - 15" Zone) No person shall within the lands designated "MC - 15" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) (b) (c) (d) (e) (0 (g) OUTDOOR STORAGE: All permanent uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display; FRONT YARD DEPTH (minimum): 6.0 metres INTER/OR SIDE YARD WIDTH (minimum): 4.5 metres FLANKAGE SIDE YARD WIDTH (minimum): 3.0 metres REAR YARD DEPTH (minimum): 12.0 metres BUILDING HEIGHT (maximum): 12.0 metres PARKING: (i) There shall be provided and maintained on the lands designated "MC-15", parking at a ratio of: 5.5 spaces per 100 square metres gross leasable area for the first 500 square metres; plus, 3.5 spaces per 100 square metres gross leasable area for all floor space in excess of 500 square metres; (ii) Clauses 5.21.2 (a), (b), (c), (e) and (f), inclusive, of By-law 3036, as amended, shall not apply to the lands designated "MC - 15" on Schedule I attached hereto; (iii) Despite clauses 5.21.2g) and 5.21.2k) 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. LOADING: (i) shall only be located in the side yard; (ii) Despite (i) above, loading may be located in the rear yard provided it is screened from public view and from abutting residential land uses through architectural screening, landscape buffering, berming or a combination of these treatments. -7- (i) (J) REAR YARD LANDSCAPED OPEN AREA: A minimum 3 metre landscaped open area shall be provided along the rear lot line to screen parking, loading and buildings through architectural screening, landscape buffeting, berming or a combination of these treatments, fi:om the view of abutting residential uses. SPECIAL REGULATIONS: (i) (ii) (iii) (iv) (v) (vi) Despite any other provision in this By-law, lawful uses existing on the lands designated "MC-15" on Schedule I attached to this By- law on the date of passing of this By-law, shall be deemed to comply with the provisions of By-law 3036, as amended. Any alterations, additions, or new development on the lands shall comply with all the provisions set out in this By-law; Despite any other provision in this By-law, a waste transfer and management facility shall not be permitted on lands designated "MC-15" on Schedule I attached hereto; A sales outlet, accessory to a permitted bakery, food preparation plant, light manufacturing plant, manufacturing plant, merchandise service shop, printing establishment or warehouse, 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; Despite Clause (iii) 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; The maximum gross leasable floor area for any convenience store, office-associated commercial establishment, financial institution, personal service shop, and restaurant - Type A shall be 325 square metres; The maximum aggregate gross leasable floor area shall be: A for all convenience stores on the lot: 325 square metres B for all office-associated commercial establishments on the lot: 325 square metres C for all financial institutions on the lot: 325 square metres D for all personal service shops on the lot: 325 square metres E for all restaurants - Type A on the lot: 325 square metres -8- 6. BY-LAW 3036 (1) By-law 4257/72 is hereby repealed; (2) By-laws 2118/85 and 2245/86, only as they affect the subject lands designated "MC-15" on Schedule I attached hereto, are hereby repealed; and, (3) 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. 7. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof, subject to the approval and coming into effect of the related Amendment 7 to the Pickering Official Plan (resulting from Pickering Official Plan Amendment Application OPA 01-004/P), or subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this 21 day of January , 2002. Wayne Arthurs, Mayor ? .x: .. ........ .. ~ % ~mce Taylor, Clerk 40R-1514 BLOCK 2 ! 5, 4OM-t499 SCHEDULE ! TO BY-LAW 59~0/02 PASSED THIS 21 DAY OF January 2002 · PICiERING PARKWAY J [~/I I 'r- QUARTZ ST. BAYI.Y STREET BAY~Y STREET Gity of ~ickoring Planning & Do¥olopmont Dopartmont PROPERTY DESCRIPTION PART OF LOT 17, CONCESSION 1 OWNER CITY OF PICKERING DATE JAN. 8, 2002 DRAWN BY lB APPUCATION No. OPA 01-004/P; A 19/01 SCALE 1:7500 CHECKED BY SG FOR DEPARTMENT USE ONLY PN-9 PA- PLANNING AND DEVELOPMENT DEPARTMENT MEMORANDUM January 14, 2002 To: From: Subject: Bruce J. Taylor City Clerk Steve Gaunt Planner II Picketing Official Plan Amendment OPA 01-003/P (City Initiated) Zoning By-law Amendment Application A 19/01 (City Initiated) (to implement the Notion Road Land Use and Urban Design Study) Part of Lot 17, Concession 1 City of Picketing On January 14, 2002, Planning Committee will consider Planning & Development Report PD 02-02 which recommends that: 1) Council approve City initiated Official Plan Amendment Application OPA 01-003/P to replace the Urban Study Area designation on the subject lands with a Mixed Employment designation, delete Policy 3.17 - Urban Study Area: Notion Road Industrial Area and add new policies to Section 11.11: Village East Neighbourhood in the Picketing Official Plan; and 2) that Council enact a draft by-law to adopt Amendment 7 to the Picketing Official Plan. The purpose and effect of this amendment is to permit a higher quality of mixed emploYment uses on the west side of Notion Road that is more compatible, with abutting residential development. Report PD 02-02 also recommends that Council approve Zoning By-law Amendment Application A 19/01 on the subject lands and enact a draft by-law to replace the existing "M1 -Light Industrial" zone with a new "MC-15" Mixed/Prestige EmploYment zone. The purpose of the by-law is to permit the development of a range of prestige and higher order mixed emploYment uses including related development standards along the west side of Notion Road. A draft by-law for the enactment of Amendment 7 to the Picketing Official Plan (including Amendment 7) and a draft by-law to amend Zoning By-law 3036 have been prepared and are attached for the consideration of City Council at its meeting scheduled for January 21, 2002. The draft by-law to amend Zoning By-law 3036 was circulated to all property owners within the subject lands. A Statutory Public Meeting was held for these applications on October 18, 2001. Please note that these by-laws may be given all three readings at the January 21, 2002 Council Meeting provided Council adopts the recommendation of Planning Committee. If you require further assistance or clarification, please do not hesitate to contact me at extension 2033. I concur that this by-law be considered at this time: Di[ecto~l~tl~ing & Dev61opment SG/sm ~'ta/t;'~x~/nolloa/mesno~l.doe Attachments Steve Gaunt, Planner II