HomeMy WebLinkAboutBy-law 7762/20The Corporation of the City of Pickering By-law No. 7762/20 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Part Lot 29, Range 3, Broken Front Concession (Part 1, Plan 40R-5415 and Parts 2 to 5, Plan 40R-5809) in the City of Pickering. (A 12/19) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part Lot 29, Broken Front Range 3 (Part 1, Plan 40R-5415 and Parts 2 to 5, Plan 40R-5809) in the City of Pickering to permit a gas service _station and associated uses, including a restaurant; · 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: 1. Schedules I, II and Ill Schedules I, II and Ill to this 1;3y-law with notations and references shown thereon are hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall.apply to those lands in Part·Lot 29, Range 3, Broken Front Concession (Part 1, Plan 40R-5415 and Parts 2 to 5, Plan 40R-5809), in the City of Pickering, designated "CA-1" on Schedule I to this By-law. 3. 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. 4. Definitions In this By-law, (1) "Automobile Service Station" means an establishment where vehicle fuels, lubricants and automobile-related accessories are offered for retail sales, and which may also·include a Mechanical Car Wash, and accessory Retail Store, but shall not include facilities for the repair and maintenance of vehicles, or facilities for the repairing or painting of vehicle bodies . . (2) "Building" means a structure occupying an area greater than 10 square metres and consisting of any combination of walls, roof and floor but shall not include a · mobile home. · ·
l. I I By-law No. 7762/20 Page 2 (3) (4) (5) (6) •'(7) (8) "Building Height" means the vertica_l distance between the established grade, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line,. or in the case of a gabled, hip or gambrel roof, the.mean height level between eaves and ridge. A penthouse, tower, cupola, steeple or other roof structure which is used only'as an ornament upon or to house the mechanical equipment of any building shall be disregarded in calculating the height of such building. "Grade" or "E$tablished Grade" means the average elevation.of the finished level of the ground adjoining all exterior walls of a building. "Gross Leasable Floor Area" means 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. "Landscaped Area" means an outdoor area on a lot comprising trees, plants, decorative stonework, retaining walls, walkways, stairs or other landscape or architectural elements, excluding aisles and areas for loading, parking or storage of vehi.cles. · "Mechanical Car Wash" means 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. "Restaurant -Type F" means 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. (9) "Retail Store" means a premises in which goods and merchandise are offered or kept for retail sale or rental to the_ public. · · (10) "Structure" means anything that.is erected, built ·or. constructed of parts joined . together with a fixed location on the ground, or·attached to something having a fixed_ location in or on the ground and shall include buildings, walls or any sign, but does not include fences below six feet in height or in ground swimming pools. 5. Provisions (1) Uses Permitted ("CA~1'' Zo_ne) No· person shall, within the lands zoned "CA-1" on-Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: · a) Automobile Service.Station . b) . Restaurant -Type F
By-law No. 7762/20 Page 3 (2) Zone Requirements ("CA-1" Zone) No person shall within the lands designated "CA-1" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with. the following provisions: a) Building Location and Setbacks: b) (i) No building or part of a building, or structure shall be erected outside of the building envelope as illustrated on Schedule II · attached hereto; Building Height "(maximum): 7.0 metres c) Parking Requirements (minimum): (i) (ii) (iii) (iv)· ' ' ' Parking spaces shall be a minimum of 2.6 metres in width and 5.3 metres in length, exclusive of any land used for access, maneuvering, aisles, driveways or similar purposes. For an Automobile Service Station, including the Mechanical Car Wash, there shall be provided and maintained on the subject lands a minimum of 10 parking spaces. ' ' For a Restaurant -Type F, 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. Parking areas and drive aisles shall be permitted no closer than 3.0 metres from the front iot line and 2.0 metres from any other property line. (3) Drive-through Facility Requirements: a) A maximum of 1 drive-through facility for a Restaurant..:.. Type F is permitted on lands designated "CA-1", on Schedu_le I attached hereto. b) A drive-through queuing lane shall not be located between the building and any public street. c) . A minimum of 8 vehicle queuing spaces before the order board and 4 vehicles· queuing spaces between the· order board and pick-up window shall be provided. (4) Sp~cial Regulations a) A minimum 3.0 metres wide landscaped area along Whites Road and Kingston Road shall be provided.
By-law No. 7762/20 Page 4 6. b) c) By-law 3036 Despite the provisions of Section 5.(1) of this By-law, a Mechanical Car Wash is _only permitted in the hatched area as sh.own on Schedule Ill attached hereto, · The aggregate of the gross leasable floor area of the limfted convenience retail store part of the Automobile Service Station and the Restaurant -Type F uses shall .not exceed 350 square metres. ( 1) By-law 17 40/83 and By-law 1825/84 as they each apply to the area set out in Schedule I attached to this By-law, are hereby repealed. (2) 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 are~ set out in Schedule I and II to this By-law. 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 come into force in accordance with the provisions of the Planning Act. · By-law passed this 29th day of June, 2020 .. Kevin (I') \ ''
Dunfair Street Schedule I to By-Law 7762/20 Passed This 29th Day of June 2 20 · Depu_ty Cl~ "O . ctl 0 0:: . en Q) -:.c s t N
' ~ . Dunfair Street 15.0m Schedule II to By-Law 7762/20 Passed This· 29th Day of June 2 20 Deput Clerk . , ·' t N
Dunfair Street t N · Schedule Ill to By-.Law 7762/20 Pass,ed This 29th . Day of June 2020 c~