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Home My WebLink AboutBy-law 2952/88TO: Kathryn McKay, Deputy Clerk November 21, 1988 INTERDEPARTMENTALCORRESPONDENCE PLANNING DEPARTMENT Fk20N1: Tony M. Magi, Director of Planning. Re: Draft Amending 6y-law for Zoning F3y-law Arnendment Application A 40/86(R) 285794 Ontario Limited Block FZ-1, Plan M-16 Town of Pickering Further to Council's approval of the above noted by-law amendment application, this I�epartment prepared a draft amending by-law. The draft by-law has been circulated to and approved by both the applicant and the Town Solicitor and, therefore, is attached for the consideration of Town Council at a Statutory Public Meeting scheduled for Monday, November 28th, 1988. the � the scheduled statutory public meeting. two readinQs at any l'he purpose and effect of this by-law is to permit the development of an office building, restaurant and a gas bar on the subject lands. KCH:em Encl. Tony� � ` " ' ,-; �� '�l� � (� ��<l\\' ', i , ��N�' �� P . � aQ�, t� �a'6. � ii ` �.11��p,ogdc. �cr \� Q,�`¢+y �.\'i /� tY F;n�. � ��..�- , � THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER Zg52/gg Ueing a 6y-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, on [ilock FZ-1, Plan M-lb, in the Town of Pickering. (A 40/86(R); OPA 86-69/D/P). WIiEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the establishment of an office building, restaurant and a gas bar on the subject lands, being Blocl< FZ-1, Plan M-16; AND WHEREAS an amendment to By-law 2520, as amended, is therefore deemed necessary; NOW 7'HEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: L SCHEDULEI Schedule 1 attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED l'he provisions of this By-law shall apply to those lands on Block FZ-1, Plan M-l6, Town of Pickering, designated "C16/GSl" on Schedule 1 attached hereto. 3. GENERAL PROVISIONS No 6uilding, 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, (l) "Automobile Service Station - Type A" shall mean an establishment where only vehicle fuels, lubricants and accessories are offered for retail sale; (2) "Business Office" shall mean a building or part of a building in which the rnanagement or direction of a business, a public or private 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 theatres, but shall not include a retail store; (3) "Financial Institution" shall mean a building or part of a buiiding in which money is deposited, kept, lent or exchanged; (4) (a) "Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, but shall exclude the floor area of any parts of the building used for mechanical equipment, stairwells, elevators, and any part of the building below established grade other than used for retail commercial or office purposes; (b) °Gross Leasable Fioor Area" shall mean the aggregate of the ifoor areas of aN storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding sto�age areas below established grade; 5. -z - (5) (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 a 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; (6) "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-rub parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; (7) "Restaurant - Type D" shali mean a building or part of a building where food is prepared and offered or kept for retail sale to the pubfic for immediate consumption on the premises, and which may inctude an accessory take-out component; (8) "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 specitically permitted thereon. PROVISIONS (t) Uses Permitted ("C16/GSl" Zone) No person shall within the lands designated "Cl6/GSl" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) automobile service station - type A (b) business office (c) financial institution (d) professional office (e) restaurant - type D (2) Zone Requirements ("Gl6/GSl" Zone) No person shall within the tands designated "C161GSP' on Schedule 1 attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) SETBACK REQUIREMENTS (minimum): as illustrated on Schedule I attached hereto (b) BUILDING HEIGHT (maximum): 25 metres (c) OPEN STORAGE: all uses, other than parking shall take place entirely within enclosed buildings or structures with no outside storage or display (d) PARKING REQUIREMEN7'S: (i) For the purpose of this clause "parking space" shall mean a usable 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 or driveway; -3 - (ii) For business offices, financial institutions and professional offices, there shall be provided and maintained on the lot a minimum of: A 4.5 parking spaces per 100 square metres gross leasable floor area for the first 1,000 square metres; and D 2.5 parking spaces per l00 square metres gross Ieasable floor area in excess of 1,000 square metres; (iii) �or restaurant - type D uses, there shal! be provided and maintained on the lot a rninimurn of 8.0 parking spaces per 100 square metres gross leasable floor area; (iv) For automobile service station - type A uses, there shall be provided and maintained on the lot a minimum of 4.0 parking spaces per 100 square metres gross leasable floor area with a minimum of 2.0 parking spaces; (v) All parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; {vi) All parking areas shall be setback a minimum of 3.0 metres from any road allowance and the lands which constitute this setback shall be used for landscaping purposes. (e) SPECIAL REGULATIONS: (i) The aggregate gross leasable floor areas of all restaurants - type D shalt noi exceed 250 square metres; (ii) The aggregate gross leasable floor areas of all uses except business offices, professional offices and financial institutions shall not exceed 30 percent of the total gross leasabie tloor area established on the lot. 6. BY-LAW 2520 (1) Dy-law 2520, 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 lattached hereto. (2) Definitions a�d subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of �y-law 2520, as amended, except that subsections 5.21.2 b), 5.21.2 i) and S.21.2 j) shall not apply to the area set out in Schedule I attached hereto. 7. ENFORCEMENT (i) Any person who contravenes any ot the provisions of this By-law is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than $20,000; and {b) on a subsequent conviction to a fine of not more than �10,000 for each day or part iHereof upon which the contravention has continued after the day on which he was first convicted. (2) Where a corporation is convicted under subsection (l), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $50,000; and (b) on a subsequent conviction a fihe of not more than �25,000 for each day or part thereof upon which the contravention has been continued aiter the day on which the corporation was first convicted; and not as provided in subsection (1). -4 - (3) Where a conviction is entered under subsection (l), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereatter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario h9unicipal Board, if required. READ A FIRST AND SECOfJD TIME THIS READ A THIRD TIML- AND PASSEll THIS MAYOR CLEl2K BRUCEJ.TAYLOR 70WN OF PICKGR!fJG APf'!�J';':_J LEG�"L �5 UAY OF llAY OF , 1988. , 198. CANA�IAN RAIUNAYS Na�rioNA� �—�- �� 6.Om� I I Q I S.Om• I � � C16/GS 1 '.�T ` e.om` ' � 6.Om� J +o.am O a 6.Om� � W 3j0 J � .6.Om� O.Om� � 6.Om� eqYCY STREET M "BUILDINO SETBACK REOUIREMENTS - See S�etioo 5(2)(0) SCHEDULE I Tl � ��Z�^�, ' _ — -v�� PASSEn �us _ DAY OF MAYOR ( JOHN E. ANDERSON) CLERK ( BRUCE J. TAYLOR )