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HomeMy WebLinkAboutBy-law 6991/09 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6991/09 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 6007/02, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 21, Concession 1, in the City of Pickering. (A 10/09) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to amend the existing zoning of the subject lands to an "RH/MU-3" zone, in order to permit the addition of day nursery, muliple dwelling "vertical, nursing home, personal service shop, and retirement home uses on the subject lands, being Part of Lot 20, Concession 1, in' the City of Pickering; AND WHEREAS an amendment to By-law 3036, as:amended by By-law 6007/02, 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 2. - AREA RESTRICTED of By-law 6007/02 is hereby amended by removing zoning category "CO" and inserting "RH/MU-3" as follows: The provisions of this By-law shall apply to those lands in Part of Lot 20, Concession 1 (Part 1, Plan 40R-12401.) in the City of Pickering, categorized"RH/MU-3" on Schedule "I" attached to"this By-law. (2) Section 4. - DEFINITIONS of By-law 6007/02 is hereby amended by adding the following definitions and re-alphabetizing and re-numbering the subsections (1) to (11): (2) "Day 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; (6) "Multiple Dwelling - Vertical" shall mean a building containing three or more dwelling units attached horizontally and vertically by an above-grade wall or walls, or an above-grade floor or floors, or both; (7) "Nursing Home" shall mean a building or part of a building where people are lodged, fed, cared and provided for, and may be aided in any or all daily activities, and may include the provision of nursing services, medical care or treatment, and ancillary administrative. Offices, which is operated by a private, public, religious, cultural or charitable organization, and which is duly licensed pursuant to the laws of the Province of Ontario; By-law No. 6991/09 Page 2 (8) 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; (10) "Retirement Home" shall mean a residence providing accommodation primarily for retired persons or couples where each private bedroom or living unit has separate entrance from a common hall, where common.facilities for the preparation and consumption of food are provided and common lounges, recreation ` rooms, medical care facilities and ancillary administrative offices may also be provided. (3) Subsection 5.(1) is hereby amended by changing the zone category from "CO" to "RH/MU-3", adding uses and re-alphabetizing and re-numbering the uses (a) to (g) as follows: (1) Uses Permitted (RH/MU-3° Zone) No person shall within the lands zoned "RH/MU-3" on Schedule I attached to this By-law use. any lot or erect, alter or use any building except the following: (a) business, office (b) day .nursery (c) multiple dwelling - vertical (d) nursing home (e) personal service shop (f) professional office (g) retirement home (4) Subsection 5.(2) is hereby amended by changing the zone category from. "CO" to "RH/MU-3° as follows: (2) Zone Requirements ("RH/MU-3" Zone) No person shall within the lands zoned "RH/MU-3" on Schedule attached to this By-law use any lot or erect, alter or use any building except in `accordance with the following provisions: (5) Paragraph 5.(2)(b)(ii) is hereby amended by changing the maximum height from 18 metres to 27 metres (8 storeys) as, follows: (b) BUILDING HEIGHT: (ii) maximum 27 metres (8 storeys). By-law No. 6991/09 Page 3 i (1) Clause 5.(d) PARKING REQUIREMENTS is hereby amended by adding use - specific parking provisions for multiple dwelling - vertical, nursing home and, retirement home uses, modifying the existing provisions and re-numbering the provisions (i) to (iv) as follows- A There shall be provided and maintained on the lot a minimum of. (i) 1.2 parking spaces per dwelling unit for residents, and 0.3 of a parking space per dwelling unit for visitors for multiple dwelling-vertical uses. Parking spaces shall be provided at grade, in a below-grade structure, or both; (ii) 0.2 parking spaces per living unit for residents, and. 0.05 of a parking space per living unit for visitors for nursing home and retirement home uses. Parking spaces shall be provided at grade, in a below grade structure or both; (iii) 4.5 parking spaces per 100 square metres of gross leasable floor area for the first 1,000 square metres of gross leasable floor area, and; (iv) 2.5 parking spaces per 100 square metres of gross.leasable floor area for all floor area in excess of 1,000 square metres. B Clauses 5.21.2 a) and 5.21.2 b) of By-law 3036, as amended, shall not apply to the lands categorized as °RH/MU-3" on Schedule I attached hereto; C Despite Clauses 5.21.2 g) and 5.21.2 k) of By-law 3036, as amended, all entrance and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete, or any combination thereof. 2. SCHEDULE AMENDMENT Schedule."I° to By-law 6007/02, is hereby amended by changing the current "CO" zoning category to "RH/MU-3" 3. BY-LAW 3036 By-law 3036, as amended by By-law 6007/02 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Sections 1 and 2 above.. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. I I By-law No. 6991/09 Page 4 4. 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 19th day of October, 2009. David Ryan, Ma r Debi A. Wilcox, City Clerk ~Py Q / 3.Om 3.Om~ 3 \ RH MU-3 \ PART 1., 40R-12401 j m 3.Om ~w 14.0 1a6 ~P SCHEDULE I TO BY-LAW 6007/02 AMENDED BY BY-LAW 6991 /09 PASSED THIS 19th DAY OF October 2009 MAYOR CLERK