HomeMy WebLinkAboutBy-law 6539/05THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6539/05
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as
amended, to implement the Official Plan of the City of Pickering District
Planning Area, Region of Durham in Part of Lot 27, Range 3, Broken
Front Concession, City of Pickering. (A 01/04)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit the development of retail, commercial, office and restaurant uses on the subject
lands being Part of Lot 27, Range 3, Broken Front Concession in the City of Pickering.
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:
SCHEDULES land II
Schedules I and II attached to this By-law with notation and references shown
thereon is 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 27,
Range 3, Broken Front Concession, in the City of Pickering, designated "MU-20"
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,
(1)
"Adult Entertainment Parlour" 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)
"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;
(3)
"Body Rub Parlour" includes any premises or part thereof where a body
rub is performed, offered or solicited in pursuance of a trade, calling,
business or occupation, but does not include any premises or part thereof
where the body rubs performed are for the purpose of medical or
therapeutic treatment and are performed or offered by persons otherwise
duly qualified, licensed or registered so to do under the laws of the
Province of Ontario;
(4)
(5)
(6)
(7)
(8)
(9)
(lO)
(11)
(12)
(13)
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"Business Offices" shall mean a building or part of a building in which the
management of direction of 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
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"
the provisions
as a facility for
shall mean lands and premises duly licensed pursuant to
of the Day Nurseries Act, or any successor thereto, for use
the daytime care of children;
"Dry Cleaning Depot" shall mean a building or part of a building used for
the purpose of receiving articles, goods, or fabrics to be subjected to dry
cleaning and related processes elsewhere, and of distributing article,
goods or fabrics which have been subject to any such processes;
"Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged, and which may include
drive-through facilities;
(a) "Floor Area-Residential" shall mean the area of the floor surface
contained within the outside walls of a storey or part of a storey;
(b)
"Gross Floor Area-Residential" shall mean the aggregate of the floor
areas of all storeys of a building or structure, or part thereof as the
case may be, other than a private garage, an attic or a cellar;
"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;
(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 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 Coveraqe" shall mean the percentage of lot area covered by all
buildings on the lot;
(c)
"Lot Frontaqe" shall mean the width of a lot between the side lot lines
measured along a parallel to and 7,5 metres distant from the front lot
line;
"Medical Office Facility" shall mean a building or part of a building in which
professional medical services other than veterinary services are
performed, and may include,
(i)
(ii)
a medical dispensary,
facilities for medical, surgical, physiotherapeutic or other
human treatment,
medical testing and diagnostic facilities;
but shall not include a body-rub parlour;
3
(14)
"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;
(15)
"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;
(16)
"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;
(17)
"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 accountant, an engineer, a lawyer or a physician but shall not
include a body rub parlour;
(18)
"Restaurant - Type A" 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, but shall not
include a drive-thru;
(19)
"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-20") ZONE
No person shall, within the lands zoned "MU-20" 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)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(J)
(k)
(I)
(m)
(n)
bakery
business office
club
commercial club
day nursery
dry cleaning depot
financial institution
medical office facility
personal service shop
place of amusement and entertainment
place of assembly
professional office
restaurant - Type A
retail store
(2)
-4-
Zone Requirements ("MU-20") Zone
No person shall within lands zoned "MU-20" 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:
Buildings and Structures shall be located entirely within the
Building Envelope illustrated on Schedule II attached to this
By-law.
(ii)
For the purpose of this clause, the building envelope 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 the building envelope shown on Schedule II
attached hereto, unless 58 metres 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 or
buildings containing the building interior;
(iv) Functional Floors:
A minimum of 500 square metres of second storey functional
gross floor area shall be provided in a building located within
the area shaded on Schedule II attached hereto;
(v) Building Height: A minimum 6.5 metres
Maximum 12.0 metres
B Despite (A) above, for any
building or part thereof situated within
10 metres of any residential zone the
maximum building height shall be
6.5 metres.
(b) PARKING REQUIREMENTS
(i)
A minimum of 4.5 parking spaces shall be provided and
maintained on lands zoned "MU-20" 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-20" on
Schedule I attached hereto;
Despite Clauses 5.21.2(g) and 5.21.2(k) of By-law 3036, as
amended, all entrances and exits to parking areas and all
parking areas shall be surfaced with brick, asphalt, or
concrete or any combination thereof;
(c)
SPECIAL REGULATIONS
(i)
A maximum combined gross leasable floor area for all
restaurants on the lands zoned "MU-20" on Schedule I
attached to this By-law shall be 1000 square metres;
-5-
(3) Uses Permitted Zone Requirements ("H" Zone)
Until such time as the "H" Holding provision is lifted, the lands shall not be
used for any purpose other than one single detached dwelling and
accessory uses, subject to the provisions of Section 9 of By-law 3036.
(4) Removal of the "H" Holdinq Symbol
The "H" Holding Symbol shall not be removed from the "MU-20" zone until
such time as a fair portion of landuse/urban study costs has been paid to
the City, a Site Plan Agreement has been executed with the City and a
Development Agreement to provide for the; exchange of easements
between abutting properties; stormwater treatment on the lands subject to
this By-law and to provide for the urbanization (including provision of
sidewalks) of the boulevard fronting Kingston Road and Sheppard Avenue,
has been executed to the satisfaction of the City of Pickering.
6. BY-LAW 3036
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 specially dealt with by the By-law
shall be governed by the relevant provisions of By-law 3036, as amended.
7. 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.
BY-LAW read a first, second and third time and finally passed this 20th day of June, 2005.
Da~ayO~ - -
Debi A. Bentley, Clerk
(H)MU-20
PART LOT 27, B.F.C., RANGE 3
SCHEDULE I TO BY-LAW 6559/05
PASSED THIS 20th
DAY OF June 2005
MAYOR ~_~.,,,"'"'~
..... BUILDING ENVELOPE
~ BUILD-TO-ZONE
~ SECOND STOREY FUNCTIONAL
FLOOR AREA REQUIRED
SCHEDULE 1T TO BY-LAW. 6559/05
PASSED THIS
DAY OF June 2005
MAYOR
CLERK - ---I.
~-- ~AVENUE
EDGEWOOD
COURT
SHADYBROOK
SHEPPARD
JACQUELINE
'E'S LANE'
C.N.R.
WELRUS
I L_J
STREET
SPRUCE
AVENUE
City of Pickering
Planning & Development Department
OWNER 816 & 852 KINGSTON (PICKERING) LTD. JB
FILE No. SP 2004-01 & A01/04 ~p
DATE MAR. 14, 2005 DRAWN BY
SCALE 1:5000 CHECKED BY