HomeMy WebLinkAboutBy-law 6549/05
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6549/05
AMENDED by OMS on February 3, 2006, Decision/Order No. 0376
OMS File No. R050160
Being a By-law to amend Restricted Area Zoning By-law 3036, as
amended by By-law 2351/87, to implement the Official Plan of the City of
Pickering, Region of Durham, South Part of lot 17 & 18, Concession 1,
(40R-15636, Part 13) & (40R-11780, Parts 1, 2, 3, 4, 5 & 6) & (40R-20443,
Parts 1, 3, 5, 6, 7, 8, 9, 10 & 11) & (40R-20443, Part 2) in the City of Pickering.
(A 1/05)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit additional uses and revise zoning provisions for the South Part of lot 17 & 18,
Concession 1, (40R-15636, Part 13) & (40R-11780, Parts 1, 2, 3, 4, 5 & 6) & (40R-20443,
Parts 1, 3, 5, 6, 7, 8, 9, 10& 11) & (40R-20443, Part 2) in the City of Pickering;
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOllOWS:
1. SCHEDULE I
Schedule I attached to this By-law with notations and references shown thereon
is hereby declared to be part of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands being South Part of lot
17 & 18, Concession 1, (40R-15636, Part 13) & (40R-11780, Parts 1, 2, 3, 4, 5 & 6)
& (40R-20443, Parts 1, 3, 5, 6, 7,8,9, 10 & 11) & (40R-20443, Part 2) in the City
of Pickering, designated "MU-SRN-1" on Schedule I attached 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) "Assembly Hall" shall mean a building or part of a building in which
facilities are provided for purposes such as civic, educational, political,
religious or social meeting and which may include an auditorium or a
banquet hall;
(2) "Body Rub Parlour" shall mean 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;
(3) "Body Rub" shall mean the kneading, manipulating, rubbing, massaging,
touching, or stimulating, by any means, of a persons body or part thereof
but does not include medical or therapeutic treatment given by a person
otherwise duly qualified, licensed or registered so to do under the laws of
the Province of Ontario;
(4) "Body Shop" shall mean an establishment engaged in repairing or painting
vehicle bodies;
(5) "Business Office" shall mean a building or part of a building in which the
management or 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
theatres, but shall not include a retail store;
(6) "Commercial Club" shall mean an athletic or recreational club operated for
gain or profit and having public or private membership;
(7) "Commercial-Recreational Establishment" shall mean a commercial
establishment in which indoor recreational facilities such as bowling alleys
miniature golf courses, roller-skating rinks, squash courts, swimming pools
and other similar indoor recreation facilities are provided and operated for
gain or profit, and which may include an arena or stadium but shall not
include a place of amusement or entertainment as defined herein;
(8) "Convenience Store" shall mean a retail store in which food, drugs,
periodicals or similar items of day-to-day household necessity are kept for
retail sale primarily to residents or persons employed in the immediate
neighbourhood;
(9) "Discount Department Store" shall mean a discount department store, as
defined by Statistics Canada, such as but not limited to Zellers and
Wal-Mart, engaged in general merchandising of a wide range of
commodities and services which may include but is not limited to apparel,
hardware and household goods, garden supplies, automotive supplies,
leisure, pet and drug items and toys;
(10) "Druq Store" shall mean a building or part of a building in which
pharmaceutical prescriptions are compounded and dispensed to the
public, and where medicine, medical supplies and associated
merchandise, confectionary items, cosmetics, toiletries, periodicals, or
similar items of day-to-day household necessity are stored, displayed and
offered for retail sale;
(11) "Dry Cleaninq 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 articles,
goods, or fabrics which have been subjected to any such process;
(12) "Duplicatinq Shop" shall mean part of a building where such items as
letters, plans, pictures and documents are reproduced by photostatting,
blueprinting or other similar methods;
(13) "Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
(14) "Floor Area" shall mean the aggregate of the floor areas of all above and
below grade storeys, but shall exclude the floor area of any stairwells,
elevators, and any part below established grade used exclusively for
storage purposes;
(15) "General Merchandise Store" shall mean a general merchandise store as
defined by Statistics Canada, such as but not limited to Bi-Way, Bargin
Harolds, and Stedmans, engaged in general merchandising of a wide
range of commodities and services, which may include but is not limited to
apparel, hardware and household goods, garden supplies, automotive
supplies, leisure, pet and drug items and toys;
(16) "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 those areas used
exclusively for storage purposes which are below established grade or
within mezzanines;
(17) "Home and Desiqn Centre" shall mean a building or building in which
home related products including but not limited to furniture, appliances,
electrical fixtures, carpets and floor covering, building and plumbing
supplies, draperies, hardware and garden supplies are stored, offered and
kept for wholesale or retail sale, but shall not include a food store and
neighbourhood stores;
(18) "Home Improvement Centre" shall mean a building or part of a building
used primarily for the display, wholesale and retail sale of building
materials, hardware or accessories, including lumber.
(19) "Hotel" shall mean a building, or two or more buildings attached above
grade, used for the purpose of catering to the needs of the traveling public
by providing overnight sleeping accommodations of not less than 25
bedrooms, and may include uses accessory thereto, including meeting
rooms, conference rooms, recreational facilities and dining and lounge
areas;
(20) "Maior Department Store" shall mean a major department store as defined
by Statistics Canada, such as but not limited to Sears and The Bay,
engaged in general merchandising of a wide range of commodities and
services, which may include but is not limited to apparel, hardware and
household goods, garden supplies, automotive supplies, leisure, pet and
drug items and toys;
(21) "Neiqhbourhood Store" shall mean a retail store in which food, drugs,
periodicals or similar items of day-to-day household necessity are kept for
retail sale, primarily to residents of, or persons employed in the immediate
neighbourhood;
(22) "Personal Service Shop" shall mean an establishment in which personal
service is performed and which may include a barber shop, beauty salon,
a shoe repair shop, a tailor or dressmaking shop or a photographic studio,
but shall not include a spa or a body rub parlour as defined in the
municipal Act, R.S.O. 1990, c.M. 45, as amended from time-to-time, or
any successor thereto;
(23) "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 a theatre, but shall not include an adult entertainment
parlour as defined in the Municipal Act, R.S.O. 1990, c.M. 45, as amended
from time-to-time, or any successor thereto;
(24) "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 by the Municipal Act, R.S.O. 1990,
c.M. 45, as amended from time-to-time, or any successor thereto;
(25) "Restaurant - Tvpe A" shall mean a building or part of a building where
food is prepared or offered or kept for retail sale to the public for
immediate consumption on or off the premises, but shall not include a
drive-thru;
(26) "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, but shall not include a food store, a
discount department store, a major department store, a convenience
store, a drug store, a video store, or a general merchandise store;
(27) "Spa" shall mean an establishment which will offer traditional hairdressing
and aesthetic services, such as botox, body treatments, laser hair
removal, and other body therapy services, but shall not include a personal
service shop or a body-rub parlour;
(28) "Vehicle Repair Shop" shall mean an establishment containing facilities for
the repair and maintenance of vehicles on the premises, in which vehicle
accessories are sold and vehicle maintenance and repair operations are
preformed for remuneration, but shall not include a body shop or any
establishment engaged in the retail sale of vehicle fuels;
(29) "Vehicle Sales or Rental Establishment" shall mean an establishment in
which its main use is the sale, rent or lease of vehicles, and which may
include an accessory vehicle repair shop, but shall not include any
establishment engaged in the retail sale of vehicle fuels;
(30) "Video Store" shall mean a building or part of a building in which video
cassette 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.
5. PROVISIONS
(1) (a) Uses Permitted ("MU-SRN-1" Zone)
No person shall, within the lands zoned "MU-SRN-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:
(i) assembly hall;
(ii) business office;
(iii) commercial club;
(iv) commercial-recreational establishment;
(v) discount department store;
(vi) drug store, as an accessory use to permitted uses (v) and (x);
(vii) dry cleaning depot, as an accessory use to permitted uses (v)
and (x);
(viii) duplicating shop, as an accessory use to permitted uses (ii), (v),
(x), (xv), and (xvi);
(ix) financial institution;
(x) home and design centre;
(xi) home improvement centre;
(xii) hotel;
(xiii) place of amusement or entertainment;
(xiv) professional office;
(xv) retail store;
(xvi) restaurant - type A;
(xvii) spa;
(xviii) vehicle sales or rental establishment;
(b) Zone Requirements ("MU-SRN-1" Zone)
No person shall within the lands designated "MU-SRN-1" on Schedule I
attached hereto use any lot or erect, alter or use any building except
in accordance with the following provisions:
(i) Yard Setbacks (minimum):
(ii) Building Height (maximum):
(iii) Floor Area Limitations:
A Maximum aggregate floor area for all uses shall be 27,000
square metres;
see Schedule I attached
22.0 metres
B Maximum aggregate floor area for all business and
professional offices shall be 6,000 square metres;
Amended by OMS
Decision/Order No.
0376
03/02/06
- 5 -
C Maximum aggregate floor area for all restaurants - type A shall
be 2,000 square metres, unless at least one restaurant - type
A has a minimum gross leasable floor are of 1,000 square
metres, in which case the maximum aggregate gross leasable
floor area for all restaurants - type A shall be 3,000 square
metres;
D Maximum floor area for a discount department store shall be
7,450 square metres;
E Minimum unit size for a retail store shall be 1,400 square
metres;
F Despite clause E above, a maximum aggregate floor area of
2,500 square metres shall be permitted for retail stores
between 100 square metres and 1,400 square metres, of
which a maximum of five retail stores can have floor areas
between 100 square metres and 300 square metres;
G Minimum floor area for a spa shall be 150 square metres;
(iv) Open Storage and Display:
A All permanent uses, other than parking, shall take place
entirely within enclosed structures with no outside storage or
display;
B Despite clause A above, an outdoor sales and display area
may be established and maintained in conjunction with and
as accessory to any food store, discount department store,
or retail store in excess of their respective minimum floor
areas outlined in subsection (iii), provided that the outdoor
sales and display area is not more than 20 % of the floor
area, up to a maximum of 2,000 square metres, and further
provided that all such outdoor storage and display areas
shall be completely screened from all public roads by
building, structures, walls, fences, landscaping, or and
combination thereof;
C Despite clause A above, an outdoor sales and display area
may be established and maintained in conjunction with and
as accessory to any home improvement centre for the
storage of lumber and other supplies, as long as no more
than 50% of the gross leasable floor area of that component
is used for storage or display, and all such storage and
display areas are completely and permanently screened
from all public roads by buildings, structures, walls, fences,
landscaping, or any combination thereof;
D Despite clause A and B above, a maximum of one outdoor
storage and display area may be established and maintained
in conjunction with and accessory to a retail store with a
minimum floor of 9,000 square metres, devoted primarily to
the sale of home improvement items, provided that the
outdoor storage and display area does not exceed 3,000
square metres in size, is completely screened from all
building, walls, fences, landscaping or any combination
thereof, and provided further that the area devoted to
outdoor storage shall not be included in the calculation of
floor area or gross leasable floor area;
(v) Parking Requirements:
A For a vehicle sales or rental establishment, there shall be
provided and maintained on lands zoned "MU-SRN-1" on
Schedule I attached hereto, a minimum of 1 parking spaces
per 25 square metres for customers and employees, in
addition to any parking provided for the outdoor display of
vehicles for sale, rent or lease;
B For all other permitted uses there shall be provided and
maintained on the lands zoned "MU-SRN-1" on Schedule I
attached hereto, a minimum of 1,000 parking spaces;
C Despite sections 5.21.2g) and 5.21.2k) 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;
D Sections 5.21.2a) and 5.21.2b) of By-law 3036, as amended,
shall not apply;
(vi) Special Regulations:
A Despite any other provision contained herein, an enclosed
shopping center, pedestrian mall, or other enclosed
pedestrian structure providing access to more than one
building for member of the public, shall not be permitted;
B A vehicle sales or rental establishment and the outdoor
display of vehicles for sale, rent or lease associated with a
vehicle sales or rental establishment shall only be located
within the hatched area identified on Schedule I attached
hereto;
C The permitted uses listed as 5(1)(a)(vi), 5(1)(a)(vii), and
5(1)(a)(viii) shall be entirely contained within and accessory
to, their principal permitted uses identified in clause 5(1),
with no direct external access;
D The percentage of the lands zoned "MU-SRN-1" on
Schedule I attached hereto covered by all building shall not
exceed 40% of the lot area;
E The floor area of a restaurant which is entirely contained within,
accessory to, and accessed only through, a discount
department store, a food store, or a retail store, shall not
contribute to the maximum aggregate floor area for restaurants
- type A, but shall contribute to the gross floor area of the
discount department store, food store, or retail store;
Amended by OMS
Decision/Order No.
0376
03/02/06
F A maximum of one discount department store shall be
permitted on lands designated MU-SRN-1 on Schedule 1
attached hereto;
6. REPEAL OF BY-LAW
Upon this by-law being in force and effect, By-law 2351/87 is repealed.
7. BY-LAW 3036
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
area set out in Schedule I attached hereto. Definitions and subject matter not
specifically dealt with in this By-law shall be governed by relevant provisions
of By-law 3036, as amended.
8. 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 2ih day of June, 2005.
Signed
Dave Ryan, Mayor
Signed
Debi A. Bentley, Clerk
SCHEDULE I TO BY-LAW 6549 105
PASSED THIS 271": h
DAY OF ,June 2005
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JE DATE:
.epternber 28, 2005 'm inn " ��% F I
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DECISION/ORDER NO;
*7i* r, PL050718
2562 _ CvV ,. B 2.00`3
„ Ontario OF PICKEt IN ?'_
Ontario Municipal Board CI d Y
PLANNING&13TMENTPN'EN
Commission des affaires municipales de I Ontario
RRVP Pickering (East) Inc., RRVP Pickering (West) Inc. and First Simcha Shopping Centres
Limited have appealed to the Ontario Municipal Board under subsection 34(19) of the Planning
Act, R.S.O. 1990, c. P.13, as amended, against Zoning By-law 6549/05 of the City of Pickering
OMB File No. R050160
BEFORE:
Tuesday the 27th
R.D.M. OWEN )
VICE-CHAIR ) day of September, 2005
UPON APPEAL to this Board, and the Board on its own motion pursuant to subsection
34(32) of the Planning Act, to make an order providing that any part of the by-law not at
issue in the appeal shall be deemed to have come into force on the day the by-law was
passed;
THE BOARD ORDERS that`By-law-6549/05;which applies to South Part Lots 17 & 18,
{
Concession 1, in the City of Pickering, save and except for the following
portions/provisions of said by-law being the appealed portions shall be deemed to have
'come•into.force.on the-27th-dayof June;-2005:— °.
• The inclusion of a disco—Li-fit-department store [Section 5(1)(a)(v)] as a permitted
J
use, including the permitted size thereof [Section \, and
- er ed use. 5(I�C6> r"-� �� °i4-4
cv
The exclusion of a•food store as a,p mitt + � c,(m pvvy
1p.2
SECRETARY
I ,
TOTAL P.02
•
ISSUE DATE: E C E V E D
Feb. 3, 2006
DECISION/ORDER NO:
,/
Il',1C14,
FEB 0 6 2006
PL050718
0376 Incur CITY OF PICKERING
Ontario PLANNING&DEVELOPMENT
Ontario Municipal Board DEPARTMENT
Commission des affaires municipales de ('Ontario
6 RRVP Pickering (East) Inc., RRVP Pickering (West) Inc., and First Simcha Shopping Centres
Limited has appealed to the Ontario Municipal Board under subsection 34(19) of the Planning !,
Act, R.S.O. 1990, c. P.13, as amended, against Zoning By-law 6549/05 of the City of Pickering
OMB File No. R050160
APPEARANCES :
Parties Counsel - -- - �.. -
u City of Pickering A. C. Allison
RRVP Pickering (East) Inc. and J. D. Farber
RRVP Pickering (West) Inc.
First Simcha Shopping Centres Limited D. H. Wood
MEMORANDUM OF ORAL DECISION DELIVERED BY J. R. AKER ON
JANUARY 30, 2006 AND ORDER OF THE BOARD
In amended Decision/Order No. 0142 issued January 17, 2006 the Board
ordered By-law 6549/05, which applies to South Part Lots 17 and 18, Concession 1, in
It the City of Pickering, save and except for the following portions/provisions of said By-
C law being the appealed portions shall be deemed to have come into force on the 27th
day of June, 2005:
�„--...ate- •--Therinolusion-of a-discount-de-artrnent�store4Section75 1= a V)ras--permitted'
P [ ( )( )(4)J
use, including the permitted size thereof [Section 5(1)(b)(iii)D]; and
• The exclusion of a food store as a permitted use.
At the request of and with the consent of all counsel present, the Board
-converted this prehearing conference into a hearing as the parties had reached a
sdl ement.
- 2 - PL050718
The Board was advised at the commencement of the hearing that the appeal by
RRVP Pickering (East) Inc. and RRVP Pickering (West) Inc. is withdrawn without
prejudice to a subsequent application.
Mr. Anthony Biglieri, a qualified planner, provided professional planning evidence
in support of the agreed upon changes to Zoning By-law 6549/05. In his opinion, the
changes conform to the Official Plan of the Region of Durham and the City of Pickering
and represent good planning.
Based on the evident 6f-Mr-Biglier-i,the-Board-allows_th_e_appeal,, in part, filed
•
by First Simcha Shopping Centres Limited and Orders that By-law 6549/05, which =
applies to the South Part of Lots 17 and 18, Concession 1, in the City of Pickering, is
amended as follows:
1. Section 5(1)(b)(iii)D of By-law 3036, as amended by By-law 6549/05 be
repealed and replaced with the following paragraph:
D Maximum floor area for a discount department store shall be 7,450-
square metres;
2. Section`5(1)(b)(vi) be amended to add paragraph F after paragraph E as
follows:
F A maximum of one discount department store shall be permitted on -,
lands designated MU-SRN-1 on Schedule I attached hereto;
— ` -Ir all other respect;tf e-3aard Orders the-appeaksTl=missed.
The Board so Orders.
OLS:k2
J. R. AKER
MEMBER
ISSUE DATE:
January 17, 2006 • Recell
DECISION/ORDER NO: PL050718
0142 1 '� JO 2 31006
r= ER1N
Ontario TY OF DE E PM�G
Ontario Municipal Board C� Npl1NG& TMEN�
R
Commission des affaires municipales de l'Ontario
RRVP Pickering (East) Inc., RRVP Pickering (West) Inc. and First Simcha..Shopping Centres
Limited have appealed to the Ontario Municipal Board under subsection 34(19) of the Planning
Act, R.S.O. 1990, c. P.13, as amended, against Zoning By-law 6549/05 of the City of Pickering
OMB File No. R050160
BEFORE:
R.D.M. OWEN ) Friday the, 13th day
VICE CHAIR )
) of January, 2006
AMENDING ORDER OF THE BOARD
At the request of the City of Pickering, the Board's Order No. 2562 issued September 28, 2005
is amended as follows:
THE BOARD ORDERS that By-law 6549/05, which applies to South Part Lots 17 & 18,
Concession 1, in the City of Pickering, save and except for the following
portions/provisions of said by-law being the appealed portions shall be deemed to have
come into force on the 27th day of June, 2005:
• The inclusion of a discount department store [Section 5(1)(a)(v)] as a permitted
use, including the permitted size thereof [Section 5(1)(b)(iii)D]; and
• The exclusion of a food store as a permitted use.
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