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HomeMy WebLinkAboutBy-law 6778/07 THE CORPORATION OF THE CITY OF PICKERING BY-lAW NO. 6778/07 Being a By-law to amend Zoning By-law 3036, as amended by By-law 6710106, to implement the Official Plan of the City of Pickering, Region of Durham, on Part of lot 23 and 24, Concession 1, in the City of Pickering. (A 3/06) WHEREAS the Council of The Corporation of the City of Pickering passed By-law 6710/06, amending By-law 3036, to permit home improvement centre on the subject lands, being Part of lot 23 and 24, Concession 1, in The City of Pickering; AND WHEREAS the Council of The Corporation of The City of Pickering deems it desirable to permit a variety of commercial uses on the subject lands, being Part of lot 23 and 24, Concession 1, in The City of Pickering; AND WHEREAS an amendment to By-law 3036, as amended by By-law 6710/06, is therefore deemed necessary; NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING ENACTS AS FOllOWS: 1. SCHEDULES I and II Schedules I and II attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall only apply to those lands on Part of lot 23 and 24, Concession 1, City of Pickering, designated "MU-21" on Schedule I attached hereto. 3. 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; By-law No. 6778/07 Continued Page 2 (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) "Bodv 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) "Build-to-zone" shall mean an area of land in which all or part of a building elevation of one or more buildings is to be located; (5) "Business Office" shall mean a building or part of a building in which the management 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; (6) "Convenience Store" shall mean a retail store in which food, drugs, periodicals or similar items of day-to-day household necessities are kept for retail sale primarily to residents of, or persons employed in, the immediate neighbourhood; (7) "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; (8) "Commercial Recreation Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, bingo facilities, gymnastics facilities, roller skating rinks, squash courts, swimming pools and other similar indoor recreational facilities are provided, and which may include an athletic or recreational club; (9) "Dav Nursery" shall mean lands and premises duly licensed pursuant to the provisions of The Day Nurseries Act, or any successor thereto, and for the use as a facility for the daytime care of children; By-law No. 6778/07 Continued Page 3 (10) "Dry Cleanino 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 processes; (11) "Duplicatino Shop" shall mean a part of a building where such items as letters, plans, pictures and documents are reproduced by Photostatting, blueprinting or other similar methods; (12) "Dwellino" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (13) "Dwellino Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities; (14) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (15) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (16) "Food Store" shall mean a building or part of a building in which food, produce, and other items or merchandise of day-to-day household necessity are stored, offered or kept for retail sale to the public; (17) "Furniture or Maior Appliance Store" shall mean an establishment in which furniture, major appliances or a combination thereof are stored, offered and kept for wholesale or retail sale; (18) "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; (19) "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; (20) "Home Improvement Centre" shall mean a building or part of a building used for the display and wholesale and retail sale of building materials, hardware or accessories, including cabinets, electrical fixtures, carpets, floor coverings, plumbing supplies, wallpaper, draperies, garden supplies, lumber and swimming pool supplies; By-law No. 6778/07 Continued Page 4 (21) "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; (22) "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; (23) "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; (24) "Lot Coveraqe" shall mean the percentage of lot area covered by all buildings on the lot; (25) "Lot Frontaqe" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (26) "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 dressmaking shop or a photographic studio, 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; (27) "Place of AmusemenUEntertainment" 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 a games arcade or 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; (28) "Private Garaqe" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; By-law No. 6778/07 Continued Page 5 (29) "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; (30) "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, or both, but shall not include an adult entertainment parlour as defined herein; (31) "Restaurant - Type F" 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, or both on and off the premises, and which may include a drive-through order and pick-up service; (32) "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; (33) "Storey" shall mean that portion of a building other than a basement, cellar or attic, included between the surface of any floor and the surface of the floor, roof deck or ridge next above it; (34) "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 specifically permitted thereon. 4. PROVISIONS ("MU-21" Zone) (1) Uses Permitted ("MU-21" Zone) No person shall within the lands designated "MU-21" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) assembly hall; (b) bakery (c) business office By-law No. 6778/07 Continued Page 6 (d) commercial-recreational establishment (e) commercial club (f) commercial school (g) convenience store (h) day nursery (i) discount department store U) drug store (k) dry cleaning depot (I) duplicating shop (m) financial institution (n) food store (0) furniture & major appliance store (p) garden centre accessory to a home improvement centre (q) home improvement centre (r) laundromat (s) outdoor storage, display and sale of retail and garden centre products (t) personal service shops (u) professional office (v) place of amusement/entertainment (w) residential apartments, above the first floor of the building (x) restaurant - Type A (y) retail store (2) Zone Requirements (UMU-21 " Zone) (a) Building Location: (b) Building Setback within the cross hatched portion of the "MU-21II Zone (c) Building Setback outside the cross hatched portion of the "MU-21" Zone Buildings and structures shall be located entirely within the building envelope shown on Schedule II attached hereto; No building or part of a building shall be erected within the cross hatched portion of the "MU-21" Zone, unless a minimum of 70 percent of the length of a wall of the building is located within the build-to-zone shown on Schedule II attached hereto; For buildings located outside of the cross hatched area shown on Schedule II no building or part of a building shall be erected, unless a minimum of 70 percent of the length of a wall of the building is located within the build-to-zone shown on Schedule II attached hereto; By-law No. 6778/07 Continued (d) Buildings Located outside of the Build- to-Zone and outside the cross hatched portion of the "MU-21" Zone (e) Building Height (maximum): (f) Building Height (minimum): (g) Functional floor per building (minimum): (h) Second Floor Coverage of First Floor for Buildings Located in the Cross Hatched area shown on Schedule II (i) Parking Requ irements: Page 7 When 35 percent of the build-to-zone is occupied with part of a building or buildings, additional buildings are no longer required to be within the build-to-zone; 20.0 metres; 9.0 metres for all buildings located in the cross hatched area shown on Schedule II and 6.5 metres for all other buildings; 2 functional floors for all buildings located in the cross hatched area shown on Schedule II and one functional floor for all other building; 1 00 percent; (i) There shall be provided and maintained a minimum of 4.5 parking spaces per 100 square metres of gross leasable floor area for all non residential uses permitted in Section 4 (1) of this by-law; (ii) For a residential apartment unit there shall be provided 1.2 parking spaces per unit and 0.3 parking spaces per unit for visitors; U) SPECIAL REGULATIONS: (i) Maximum floor area for a discount department store shall be 7,450 square metres; (ii) Aggregate of retail stores less than 300 square metres shall not exceed 4,000 square metres; (iii) Maximum floor area for a food store shall be 750 square metres; By-law No. 6778/07 Continued Page 8 (iv) Total gross floor area of all retail stores (excluding a home improvement centre) shall not exceed 9,500 square metres; (v) All entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; (vi) At grade parking lots shall be permitted no closer than 3.0 metres from the limits of the "MU-21" Zone identified on Schedule I attached hereto, or any municipal road; (vii) No drive-thru facilities are permitted on the lands designated "MU-21" as illustrated on Schedule I of this by-law; (viii) Despite Section 4(2)(a) of this By-law, covered entrances, building signs and awnings are permitted to encroach 1.0 metre beyond the building envelope as illustrated on Schedule II of this by-law; (ix) Despite Sections 4(2)(a), (b), (c) and (d) of this By-law, if the need for a municipal road or private driving aisle is no longer required, as determined by the City of Pickering the building envelope line shall be interpreted to be 3.0 metres from the property line. (x) Notwithstanding Subsection 4 (2) the following provisions shall apply to a home improvement centre and any accessory use: A Building Location: B Building Setbacks: C Building Height (maximum): Buildings and structures shall be located entirely within the building envelope shown on Schedule II attached hereto; No home improvement centre building shall be erected within the "MU-21" Zone, unless a. minimum of 50 percent of the length of a wall of the building is located within the home improvement centre build-to-zone shown on Schedule II attached hereto; 15.0 metres; By-law No. 6778/07 Continued Page 9 D Gross leasable floor area (maximum): E Parking Requirements: F Number of Home Improvement Centres 5. PROVISIONS (UH" Zone) 12,000 square metres; There shall be provided and maintained a minimum of 3.0 parking spaces per 1 00 square metres of gross leasable floor area for a home improvement center; Maximum one home improvement center shall be permitted on the lands zoned MU-21 on Schedule I attached hereto; (1) Uses Permitted Zone Requirements (UH" Zone) Until such time as the uH" Holding provision is lifted, the lands shall not be used for any purpose other than any use permitted by the Mixed Use Zone uMU-6" of Zoning By-law 3036 as amended by By-law 4895/97, and only in the buildings that existed on the date of the passing of this by-law. (2) Removal of the uH" Holdinq Svmbol The uH" Holding Symbol shall not be removed from any zone until such time as a Site Plan Agreement and/or a Development Agreement has been executed with the City of Pickering and registered that provides for: (a) Appropriate arrangements have been made to the satisfaction of the City of Pickering that all the requirements for the development of the home improvement centre have been complied with, including but not limited to, environmental and engineering requirements, site access and signalization, sustainable site and building design, phasing of construction, easements, conveyance of land for road purposes and all financial matters; (b) Appropriate arrangements have been made to the satisfaction of the Region of Durham for the provision of sanitary, water and transportation services and environmental and engineering requirements; (c) Appropriate arrangements have been made to the satisfaction of the Toronto Region Conservation Authority for the provision of environmental and engineering requirements. By-law No. 6778/07 Continued Page 10 6. REPEAL OF BY-LAW Upon this By-law coming into force and effect, the By-law 6710/06 is hereby 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 matters 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 18th day of June, 2007. j \V I I \ I \ \ 102.5m If' FUTURE ROAD 59.2m \./ / @ '( f'T. Of' ~~-~8:~ 5 ~ --- (H)MU-21 '" !J' 3 o <3:: o 0::: 4OR-12678 PART 1 "2 i-- \ \ \ CON 1, f'T LDT 2J,2~ RP 4OR-817V PIS. 2.9-11, PART 15.17.18,18 f'T 8,7.8 AND RP ~R-V88a PART J 4011-12678 PARTS 8-V '" "' io 3 :'{ 40 '\ \-\ \G \-\\N IX l' N SCHEDULE I TO BY-LAW 6778/07 PASSED THIS 18th DAY OF June 2007 MAYOR.DAVlD~ c~~~~-du0 ~ ./ \V ~/ 4OR-12678 PT. OF PT. 4 .t PART 5 , I I , ~: (/), 'l, !?i: 0::' 0' I !-10.0m , \ I I I \ I I \ \ \ \ \ CON 1, PT LOT 23,24 RP 4OR-6179 PTS. :Z,D-11, PART 15,17,18,1~ PT 6,7,8 AND RP 4OR-988~ PART J ---- --r- \ \ \ 4OR- 1 2878 PARTS 8-9 ---- o <( o 0:::: 4OR-12878 PART 1 .t 2 \-1 \ G \-1 'N ,t>,:'< BUILDING ENVELOPE SPECIAL POLICY AREA 40'\ B8888888l ~ BUILD TO ZONE 1';';';';1 HOME IMPROVEMENT CENTRE BUILD TO ZONE l' N SCHEDULE n TO BY-LAW 6778/07 PASSED THIS 18th DAY OF June 2007 MAYOR ~ DAVID C \ \ \ \ I \