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Home My WebLink AboutBy-law 5991/02ISSUE DATE: JULY 18, 2002 DECISION/ORDER NO: 1014 CITY OF PICKERING j] RECEI,.V-ED UU JUL 1 9 2oo2 JUL ! 9 2002 Ontario Ontario Municipal Board Commission des affaires municipales de I'Ontario Hayes Line Properties Inc. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 3036 of the City of Pickering to rezone lands respecting 778 - 790 Kingston Road from R3 - Residential to Commercial and Medium Density Residential to permit the development of retail commercial uses along the Kingston road frontage and 18 condominium 2 storey townhouses along the north side of the subject property O.M.B. File No. Z010070 BEFORE: Ronald J. Emo ) Member ) ) on Tuesday, the 21st day of May, 2002 THIS MATTER having come on for public hearing; AND the Board's Decision/Order No. 0634 issued on May 21, 2002 and allowed the appeal. The Board's Order was withheld pending receipt of a revised amending by-law, acceptable to both parties, reflecting the findings and specifics of the decision. The Board has now received the final Zoning By-law, together with confirmation that all parties have reviewed the final Zoning By-law as modified pursuant to this decision; THE BOARD ORDERS that the appeal is allowed, and By-law 3036 is hereby amended in the manner set out and attached hereto as Attachment "1"; The municipality is authorized to assign a by-law number or other amendments made through this order for record keeping purposes. number to ATTACHMENT "1" THE CORPORATION OF THE CITY OF PICKERING BYLAW NUMBER 5991102 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering Distdct Planning Area, Region of Durham, in Part of Lot 28, Range 3, Broken Front Concession, City of Picketing (A 22~00) WHEREAS it is deemed desirable to permit the development of retail commercial uses including a bakery, business office, club, commercial club, place of amusement, day nursery, dry cleaning depot, financial institution, personal service shop, place of amusement and entertainment, place of assembly, professional office, restaurant and retail store uses in Part of Lot 28, Range 3 Broke Front Concession; AND WHEREAS an amendment to By-law 3036, is therefore deemed necessary; NOW THEREFORE THE ONTARIO MUNICIPAL BOARD HEREBY ENACTS AS FOLLOWS: SCHEDULES I and II Schedules I and II attached to this By-law with notation and references shown thereon are 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 28, Range 3, Broken Front Concession, in the City of Pickering designated MU-15 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, "Adult Entertainment Padour" 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) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) 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; "Business Offices" shall mean a building or part of a building in which the management or direction of business, a public or pri~/ate agency, a brokerage or a labour or fraternal organization is carried 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 theaters but shall not include a retail store; "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; "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; "Day Nursery" shall mean lands and premises duly licensecl pursuant to the provisions of the Day Nurseries ACt, or any successor thereto, for use as a facility for the daytime care of children; "Dry Cleaning Depot" shall mean a building or part of a building used for the purpose of receiving articles, cleaning and related processes goods or fabrics which have been "Financial Institution" shall mean money is deposited, kept, lent or through facilities; goods, or fabrics to be subjected to dry elsewhere, and of distributing articles, subject to any such processes; a building or part of a building in which exchanged, and which may include drive "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; "Lot Covera.qe" shall mean the percentage of lot area covered by all buildings in the lOt; "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-rub parlour as defined in section 224 (9)(b) of the Municipal Act, R.S.O: i990, Chapter M.45, 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 theatre, but shall not include a games arcade; "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 meetings purposes and may include facilities for entertainment purposes such as musical or theatrical performances, but shall not include a place of amusement or entertainment, or games arcade as defined herein; "Professional Office" shall mean a building or part of a building in which medical, legal or other professional services are performed or consultation given, and which may include a clinic, the office of an architect, a chartered 3 (15) (16) accountant, an engineer, a lawyer or a physician but shall not include a body rub 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; "Restaurant - Type F" 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 and which may include a drive through order and pick- up service; "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; PROVISIONS (1) Uses Permitted "MU-15" Zone No person shall, within the lands zoned "MU-15" on Schedule I attached to this By-law, use any lot or erect, alter of use any building or structure for any purpose except the following: (a) bakery (b) business office (c) club (d) commemial club (e) day nursery (f) dry cleaning depot (g) financial institution (h) personal service shop (i) place of amusement and entertainment (j) place of assembly (k) professional office (I) restaurant - type F (m) retail store Despite subclause (I) above, a drive through order and pick-up service and. an outdoor patio Shall not be permitted for any restaurant in Building Envelope B as shown on Schedule II attached to this By-law. (2) Zone Requirements "MU-15" Zone No person shall within lands designated "MU-15" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (a) BUILDING RESTRICTIONS (i) Building Location and Setbacks: (c) (ii) 4 Buildings and Structures shall be located entirely within Building Envelope A and/or Building Envelope B illustrated on Schedule II attached to this By-law. For the purpose of this clause, the building envelopes and build-to-zone shown on Schedule II attached hereto shall be measured from the property lines; No building or portion of a building or structure shall be erected within Building Envelope A shown on Schedule II attached hereto, unless 25 % of the entire length of the build-to-zone adjacent to Kingston Road is occupied by a continuous portion of the exterior wall of the building containing the building interior, or the approved Site Plan identifies that this provision will be met through phased development; (iv) Building Height: A. Building Envelope A minimum 6.5 metres maximum 12.0 metres B. Building Envelope B maximum 6.0 metres (v) PARKING REQUIREMENTS (i) A minimum of 4.5 parking spaces shall be provided and maintained on lands zoned MU-15 on Schedule I attached to this By-law for every 100 square metres of gross leasable floor area or part thereof; (ii) Clauses 5.21.2 (a), (b), (c) and (e) inclusive, of By-law 3036, as amended, shall not apply to the lands zoned "MU-15" on Schedule I attached hereto; Despite Clauses 5.21.2 (g) and 5.21.2 (k) 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; (iv) All parking spaces shall be set back a minimum of 3.0 metres from the boundary of the lands zoned MU-15 on Schedule I attached to this By-law. SPECIAL REGULATIONS (i) The maximum combined gross leasable floor area for all restaurants on the lands zoned MU-15 on Schedule I attached to this By-law shall be 1200 square metres. o BY-LAW3036 By-law 3036 is hereby 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 by this By-law shall be governed by the relevant provisions of By-law 3036, as amended. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof, approval of the Ontario Municipal Board. subject to the AS MADE BY THE ONTARIO MUNICIPAL BOARD, this_zJ.sL day of May 2002. I I I I 129.6o 67.97 I BUILDING ENVELOPE B I I I ~- ........... J = ~ ~!___U__U:J_5_ ...... r -~!BUILDING ENVELOPE A~ I ', ~:~//~4o~°~ BUILDING ENVELOPE NOTE: ALL DISTANCES AND DIMENSIONS SHOWN ARE IN METERS. SCHEDULE II TO BYLAW 5991/02 AS MADE BY ONTARIO MUNICIPAL BOARD May 21st, 2002 ORDER DATE: (OMB FILE Z010070) C 67.97 I 129.6o PART OF LOT 28 RANGE 3 BROKEN FRONT CONCESSION MU-15 NOTE: ALL DISTANCES AND DIMENSIONS SHOWN ARE IN METERS. SCHEDULE I TO BYLAW 5991/02 AS MADE BY ONTARIO MUNICIPAL BOARD May 21~1~, 2002 ORDER DATE: (OMB FILE Z010070)