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HomeMy WebLinkAboutBy-law 5838/01PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM May l5,2001 To: From: Subject: Brace Taylor City Clerk Ron Taylor Planner 2 Draft Zoning By-law for Zoning By-law Amendment Application A 27/00 A. Reale Realty Limited (now Edukids Child Learning Centres Ltd.) Part of Lot 33, Range 3, B.F.C. (Northwest comer of Kingston Road and Altona Road) City of Picketing Executive Committee, on May 14, 2001, recommended to City Council the approval of Zoning By-law Amendment Application A 27/00, to allow a day nursery to be established either within the existing building or within a new building constructed at a future date on the subject lands. Recommended conditions of approval pertaining to zoning will be satisfied through the approval of the enclosed draft by-law. The enclosed draft by-law has been circulated to, and approved by, the applicant. Should Council adopt Executive Committee's recommendation for approval, then Council may consider the attached Implementing zoning by-law later in the meeting. A Statutory Public Meeting was held for this application on September 21, 2000. Please note that this by-law may be considered at the May 22, 2001 Council Meeting, · provided Council approves the above-noted application earlier that same meeting. The purpose and effect of this by-law is to allow a day nursery to be established either within the existing building or within a new building constructed at a future date on the subject lands. If you require further assistance or clarification, please do not hesitate to contact me. I concur that this by-law be considered at this RST/jf Enclosure THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5838/01 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-laws 5374/98 and 5530/99, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Part of Lot 33, Range 3, B.F.C., in the City of Picketing. (A 27/00) WHEREAS the Council of the Corporation of the City of Picketing passed By-law 5374/98, as amended by By-law 5530/99, amending Zoning By-law 3036, to permit the development of townhouse units, the retention of an existing building for commercial purposes on the subject lands in the short term and the redevelopment of the commercial block for various commercial purposes in the long term; AND WHEREAS the Council of the Corporation of the City of Picketing now deems it desirable to permit the establishment of a day nursery use either within the existing building or within a new building constructed on the subject lands in the future; AND WHEREAS a further amendment to By-law 5374/98, as amended by By-law 5530/99, amending Zoning By-law 3036 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 33, Range3, B.F.C., City of Picketing, designated "(H) MU-11" on Schedule I attached hereto. 2. TEXT AMENDMENTS (1) (2) (3) Section 4. of amending By-law 5374/98 is hereby amended by renumbering Subsections (1) to (14) and by adding thereto the following Subsection: (5) "Day Nursery_" shall mean lands and premises duly licensed pursuant to the provisions of the Day Nurseries Act, or any successor thereto, for use as a facility for the daytime care of children; Subsection 5.(2)(a) of amending By-law 5374/98 is hereby amended by adding thereto the following clause: (v) day nursery Subsection 5.(2)(b)(ii) of amending By-law 5374/98 is hereby amended by re-alphabetizing Subsections A to D and by adding thereto the following Subsection: B There shall be provided and maintained on the lands designated "MU-11" parking at a ratio of 5.5 parking spaces per 93 square metres of activity room area for Day Nursery uses; -2- (4) (5) (6) (7) Subsection 5.(2)(b)(iii)A of amending By-law 5374/98 is hereby revoked and the following is substituted thereto: A All uses, other than parking and outdoor play areas, shall take place entirely within enclosed buildings or structures with no outdoor storage or display; Subsection 5.(2)(b)(iii)B of amending By-law 5374/98 is hereby amended by adding thereto "or Day Nursery" following "Restaurant - Type E", where permitted uses are listed; Subsection 5.(2)(b)(iii)B(m) of amending By-law 5374/98 is hereby revoked and the following is substituted thereto: (In) Parking shall be provided and maintained at a ratio of 5.5 parking spaces per 93 square metres of gross leasable floor area for a Professional Office, a Business Office and a Retail Store, at a ratio of 8.0 parking spaces per 93 square metres of gross leasable floor area for a Restaurant - Type E, and a minimum of 15 parking spaces shall be provided and maintained for any Day Nursery use. Subsection (3) of amending By-law 5374/98, as previously revoked by By-law 5530/99, is hereby re-established, containing the following clauses: (3) (a) Uses Permitted ("(H)" Holding Symbol) Despite the provisions of Section 5.(2)(a) and Subsections 5.(2)(b)(i), (ii) and (iii) of this By-law, while the "(H)" - Holding Symbol is in place preceding the "MU-11" Zone designation as outlined on Schedule I attached hereto, no person shall use any lands for any purpose other than those uses permitted and those requirements outlined in Section 5.(2)(b)(iii)B of this By-law. (b) Removal of the "(H)" Holding Symbol Prior to an amendment to remove the "(H)" Holding Symbol preceding the "MU-11" Zone designation, on all or part of the area so zoned, the owner shall satisfy the Region of Durham and the City of Picketing respecting road improvements within Altona Road required to provide appropriate access to any new development on the subject lands, including the provision of a northbound left turning lane within Altona Road to the subject lands. 3. SCHEDULE I Schedule I to By-law 5374/98, as amended by By-law 5530/99, amending Zoning By-law 3036, is hereby revoked and Schedule I attached hereto and forming part of this By-law is substituted thereto. B~LAW 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. -3- 5. 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 fa'st, second, and third time and finally passed this May, 2001. 22 day of B{-uce Taylor, Clerk TOP OF BANK AS DEFINED BY T.R.C.A. MAP SHEET No. M.T.R. 6-2 ' / MD-H4 MD-H4 (H)MU-11 6.0m 24.4m OS-HL-1 BUILD-TO-ZONE MAXIMUM BUILDING ENVELOPE N SCHEDULE 1' TO BY-LAW PASSED THIS 22 DAY OF May 2001 s838/0~._ -~ AMENDED BY BY-LAW 5530/99 AND BY-LAW CLERK LAWSON STREET STREET WATERFORD GATE LANE FOXWOOD AUTUMN CRE$. LITTLEFORD --5 DR~E C.N.R. SHEPPARD ROUGEMOUNT DR~E AVENUE STREET DR:VE ROAD GATE HILL ROAD City of Pickering TOYNEVALE ROAD Planning & Development Department DATE APR 19, 2001