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Home My WebLink AboutBy-law 6256/04PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM Januaw 16,2004 To; From; Subject: Bruce Taylor City Clerk Steve Gaunt Planner II Technical Amendment to By-law 5949/02, enacted to implement Zoning By-law Amendment Application A 33/00 802226 Ontario Limited Part of Lot 18, Concession 1 Parts 6 - 8, 12 and 13, Plan 40R-10635 (1048 Toy Avenue) City of Pickering Council adopted Resolution #08/02, Item #1 to approve the above-noted application to add a vehicle service and repair shop to the permitted uses on the subject lands on January 21, 2002. There were no conditions of approval. The draft by-law was circulated, approved by the applicant and By-law 5949/02 was passed by City Council at its meeting held February 4, 2002. The Statutory Public meeting was held for this application on March 22, 2001. As no appeals were made to the passage of the by-law, City of Pickering Zoning By-law 5949/02 became final and binding on the date of its passing. A location map is attached for information. ' Subsequently, it was brought to the attention of staff that By-law 5949/02 does not fully reflect the request of the applicant or the intent of Council. While By-law 5949/02 added "vehicle service and repair" as a permitted use, in line with Council's approval and the applicant's request, the By-law inadvertently deleted the "sale, rental or lease of vehicles" as a permitted use. The attached draft amends the By-law passed by Council at its meeting of February 4, 2002 by replacing 'Vehicle Service and Repair Shop' with 'Vehicle Sales, Service and Repair Shop'. The changes are considered technical and 'housekeeping' in nature and implement the intent of Council Resolution #08/02, Item #1, adopted January 21, 2002. Technical Amendment to By-Law 5949/02 January 16, 2004 Page 2 Should Council choose to pass the implementing zoning by-law as provided, Council should also adopt the following resolution at the Council Meeting, prior to passing the by-law: "That the modifications to By-law 5949/02, to add the use of vehicle sales to the list of permitted uses is technical in nature and clarifies the original intent of Council and, therefore, no further notice is required to be given with respect to By-law 5949/02." Please note that, subject to the above, this by-law may be given all three readings at the February 2, 2004 Council meeting. The purpose and effect of this by-law is to amend the Zoning By-law, in order to permit the addition of vehicle sales to the permitted uses on the property, as requested by the applicant in application A 33/00 and approved by City Council at its meeting held January 21,2002. 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: DireCtor, P( /& Development Steve Gaunt SG:jf sg/misc/ToyAveBy-lawMemoToOlerk Attachment CIRCLE PICKERING PARKWAY PLUMMER STREET QUARTZ TOY AVEN~ BAYLY STREET ' ~ ORANGEBRiOK C~ City of Pickering 1l Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 18, CONCESSION 1, PARTS 6,7,8,12 & 13 40R-10635 OWNER 802226 ONTARIO INC. DATE JAN. 14, 2004 DRAWN BY JB '"/\ FILE No. A 33/00 SCALE 1:7500 CHECKED BY SG FOR DEPARTMENT USE ONLY PN-4 PA- CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 18, Concession 1, (Parts 6 to 8, 12 & 13, 40R-10635) in the City of Pickering. (A 33/00) WHEREAS the Council of the Corporation of the City of Pickering passed By-law 5949/02, amending By-law 2511, to permit the addition of vehicle service and repair shop uses on the subject lands; AND WHEREAS the Council of the Corporation of the City of Pickering now deems it desirable to further amend By-law 2511, as amended by By-law 5949/02, to 'further permit vehicle sales uses on the subject lands; AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. Text Amendment (1) Section 4. DEFINITIONS, is hereby amended by rescinding definition number (14) "Vehicle Service and Repair Shop" and replacing said definition with the following: "(14) "Vehicle Sales, Service and Repair Shop" shall mean an establishment containing facilities for the sales, rental, lease, service and/or repair of vehicles on the premises, in which vehicle accessories may be sold, but shall not include the retail sale of motor vehicle fuels;" (2) Section 5. PROVISIONS, Subsection (1) Uses Permitted ("MC-16" Zone), Clause (i) vehicles service and repair shop, of By-law 5949/02, is hereby rescinded and replaced with the following: (3) "(i) Vehicle Sales, Service and Repair Shop"; Section 5. PROVISIONS, Subsection (2)Zone Requirements ("MC-16" Zone), Clause (i) SPECIAL REGULATIONS, Subclause B is hereby rescinded and replaced with the following: "B A vehicle sales, service and repair shop shall be permitted only in the area hatched on Schedule I attached to this By-law." BY-LAW 2511 By-law 2511, as amended by By-law 5949~02, 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 to By-law 5949/02. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. -2- 3. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second, and third time and finally passed this __day of ,2004. David Ryan, Mayor Bruce Taylor, Clerk CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6256/04 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 18, Concession 1, (Parts 6 to 8, 12 & 13, 40R-10635) in the City of Pickering. (A 33/00) WHEREAS the Council of the Corporation of the City of Pickering passed By-law 5949/02, amending By-law 2511, to permit the addition of vehicle service and repair shop uses on the subject lands; AND WHEREAS the Council of the Corporation of the City of Pickering now deems it desirable to further amend By-law 2511, as amended by By-law 5949/02, to further permit vehicle sales uses on the subject lands; AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. Text Amendment (1) Section 4. DEFINITIONS, is hereby amended by rescinding definition number (14) "Vehicle Service and Repair Shop" and replacing said definition with the following: "(14) "Vehicle Sales, Service and Repair Shop" shall mean an establishment containing facilities for the sales, rental, lease, service and/or repair of vehicles on the premises, in which vehicle accessories may be sold, but shall not include the retail sale of motor vehicle fuels;" (2) Section 5. PROVISIONS, Subsection (1) Uses Permitted ("MC-16" Zone), Clause (i) vehicles service and repair shop, of By-law 5949/02, is hereby rescinded and replaced with the following: "(i) Vehicle Sales, Service and Repair Shop"; (3) Section 5. PROVISIONS, Subsection (2) Zone Requirements ("MC-16" Zone), Clause (i) SPECIAL REGULATIONS, Subclause B is hereby rescinded and replaced with the following: "B A vehicle sales, service and repair shop shall be permitted only in the area hatched on Schedule I attached to this By-law." 2. BY-LAW 2511 By-law 2511, as amended by By-law 5949/02, 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 to By-law 5949/02. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. -2- BY-LAW read a first, February ,2004. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. second, and third time and finally passed this _2.a_d_day of David Ryan, ML_~ ~¢uce Taylor, Clerk