HomeMy WebLinkAboutBy-law 1664/83THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1664/83
Being a Restricted Area By-law to amend
Restricted Area By-law 3036, as amended,
to implement the Official Plan of the
Town of Pickering District Planning Area,
Region of Durham, on Block l, Plan M-1236
and Block 76, Plan M-1215 in the Town of
Pickering.
WHEREAS the Council of the Corporation of the Town of Pickering
passed By-law 1158/80 amending By-law 3036 to permit the
establishment of a commercial building on the subject lands,
being Block l, Plan M-1236 and Block 76, Plan M~1215 in the
Town of Pickering;
AND WHERAS the Council of the Corporation of the Town of
Pickering now deems it desirable to further amend By-law
1158/80 to permit the establishment of an additional commercial
NOW THEREFORE THE COUNCIl OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. TEXT AMENDMENT
(1)
Section 4 of By-law 1158/80 is hereby amended
by adding thereto the following definition:
(J)
"Video Store" shall mean a building or
part of a b%Tlding in which video cassettee
recorders and tapes and accessories thereto
are stored, serviced, displayed and offered
for rent or retail sale to the public for
use off the premises only.
(2) Section 5 of By-law 1158/80 is hereby amended
by adding thereto the following permitted use:
(g) video store
EFFECTIVE DATE
This By-law shall take effect from the day of passing
hereof, subject to the approval of the Ontario Municipal
Board, if required.
READ A FIRST AND SECOND TIME THIS 16th DAY OF May , 1983.
TOWN OF
PlCKERIt.;C-
APPROVED
AS TO
l-J?~
READ A THIRD TIME AND PASSED THIS 4th DAY OF July , 1983.
~ CLERK ' /
/
Ontario
Ontario Municipal Board
831579
IH THE MATTER OF Section 39
of The Pla~nin~ Act (R.S.O.
1980, c0 379),
IN THE MATTER OF an application
by The Corporation of the Town
of Picketing for approval of its
Restricted Area By-law 1664/83
BEFORE ;
C.G. CHARRON, Q.C. )
Member )
) Tuesday, the 3rd day
- and - )
) of April, 1984
R. CHARTIER )
Member )
THIS APPLICATION having come on for public hearing
after the hearing of the applioetion the Board having
reserved its decision until this day;
THE BOARD ORDERS that the application for approval of
By-law 1664/83 is not approved.
SECRETARY
Ontario
Ontario Municipal Board
IN THE MATTER OF Section 39 of The PlanninR
Act (R.5.O. J 930, c. 379),
IN THE MA/i~R OF an application by The
Corporation of the Town of Picketing
approval of Its Restricted Area By-law 1664-83
COUNSEL~
C.M. Timothy ~heffleld
- for the Corporation of the
Picketing
Town of
DECISION OF THE BOARD delivered by C..G. CHARRON
The Corporation of the Town of Picketing ~.oplles to this Board for
approval o1 lt~ Restricted Area By-law ! 664-83 which wa~ enacted by Council
on the ath day of 3uly, 1983. The by-law seeks ~o amend By-law 1158-80
which was enacted on the 7th day of 3uly, 1980. By-law 1158-80, a site
specific by-law, zoned property o~ Plan M-36, at the ~outh-west corner of
Liverpool Road and 13u~hmlll Street in the Town of Plckerin$, as Ca. This
commercial property has a grou floor area of 10,000 ~quare feet and requires
~5 parking spaces.
The by-law allows certain commercial u~es which ~re found within
the uses allowed within nei~hbourhood convenieace commercial definition o!
the OHicJaJ Phm. However, the area in which the ~ubje~:t property ia situatet
is al~o deslsnated and shown as a local central area. Within this area certain
u~e~ generally allowed within the lowest clal~Lflcatlon of the nei&hbourhood
Cenvenience commercial zone, ate allowed.
The subject By-law 166~=83 seeks to permit an additional commercial
use, within the existing building zoned by By-law 11~.80, by allowing a video
store defined in the subject by=law as~
" ..... bein8 a bulldl~ or part of a bulldlaS in which video
cassettee [slc] recorders and tapes and accessories thereto are
stored, serviced, displayed and offered for rent or retail sale
to the public for u~e off the premises only."
ge
R
The ~ub}ect property Is within the Liverpool Community Plan and
defines the subject property as a local central area. It, therefore, would aUow
the propped additional use.
The planning evidence is that the lmplemantatlon of the proposed use
in the subject by-law will conform to the provisions of all the regional and
local planning documents. The video store as described Is restricted by its
definition and ~ an appropriate use for a local central area. in the opinion o~
the planner, it wUI have no adverse effect on the nel&hbnurhood as It Is none
other but a commercial use per se. The evidence is that there are presently no
vacant units In the commercial building so that if a video store were approvad~
it would necessarily replace a present use in the building and would not add a
unit to the site.
Them IS Intense objection shown to the passing of this amendment.
The consensus Is that the subject site IS a neighbourhood plaza to cater to the
day to day needs of the 280 homes in the Maple Ridge nelghbourhood in which
this commercial building is situate and services. The concern IS that the
establishment of a video store, albeit that no viewing would take place on the
premises, that the goods would not be used on-site~ that there would be no
video games allowed on the slte~ would attract a large number of people from
outside the neighbourhood to an area where the parkini~ already IS described as
beln8 crific&l~ particularly on the week-ends.
The planning argument against this Is that the site plan of the subject
property shows the required number of parkln8 spaces for the commercial
operatlan. The argument IS that the traffic which would be attracted by the
added use of a video store would be less intense than the traffic attracted by
the present uses of a hair salon, a public ltbrary~ a fruit market~ an exercise
gym and a Becket's Milk Store, as to the volume of traffic and the time
allocation,
There is also a statement to the effect that the area has not yet
reached its full potential as there Is some considerable vacant lands to the
831579
e~ and north o~ the subject ~lte which is slated for residential development
Jn the near future so that the situation as to traffic and parking can only be
aggravated in the short term.
A further conslderatio~ is that the Town of Picketing Is already being
serviced by some 12 video stores, 10 of which are walk-in stores located in
plazas in the highway commercial areas and even major grocery stores, The
objectors m-sue that the urban population of Plckering Is 30,000 and that the
need for another video store has not been shown. There Is no market survey
before us to indicate that there IS any further need for this commercial use.
The Board cannot find any real planning reason why this amending
By-law 166~-83 should be approved. There Is no evidence of need for this
added use to the commercial operatlun on the sub)ect property. There IS no
evjde~lce that there IS any economic difficulty being felt by the owners tn
operating the plaza Jn that aII the units are completely rented,
The Board Is of the opinion that this commercial operation was in
fact instituted In 1~)80 as a nelghbourhood operation to serve the needs of the
neighbourhood community and as such the Boarci IS loathe to take any steps
that might interrupt the community and neighbourhood atmosphere created
over the past number of years. The Board Is ~lso of the opinion that without
some further planning evidence as to need and some type o! market survey,
the application is premature.
Consequently~ By-law 166~-83 of the Corporation of the Town o!
Plckoring Is not approved.
DATED at Toronto thIs
3rd day of April, 198~.~_~
MEMBER
1~ CHAR TIER