HomeMy WebLinkAboutBy-law 6828/08
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6828/08
Being a By-law to amend Restricted Area (Zoning) By-law 3037, as
amended by By-law 2677/88, to implement the Official Plan of the City of
Pickering, Region of Durham, Part of Lot 24, and Lots 25, 26 & 27,
Plan 21 (Parts 5 and 6, 40R-1139), City of Pickering. (A 11/06)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
amend the existing zoning of the subject property to permit a bed & breakfast
establishment, day spa and restaurant as additional uses within the vacant heritage
structure;
AND WHEREAS an amendment to the existing zoning of the subject property to remove
the "(H)" Holding Symbol preceding the hamlet commercial zoning is deemed
appropriate;
AND WHEREAS an amendment to By-law 3037, as amended by By-law 2677/88, is
therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. TEXT AMENDMENTS
(1) Section 4. DEFINITIONS of By-law 2677/88, is hereby amended by
adding the following definitions and re-alphabetizing and renumbering the
subsections (1) to (20):
(4) "Bed & Breakfast Establishment" shall mean an establishment that
provides sleeping accommodation (including breakfast and other
meals, services, facilities and amenities for the exclusive use of
guests) for the traveling or vacationing public in up to three guest
rooms within a building or part of a building that is the principle
residence of the proprietor of the establishment;
(10) "Dav Spa" shall mean a building or part of a building in which
beauty and aesthetic treatments are provided, such as hair
removal, make-up application, cosmetic tattooing, massage
therapy, and weight loss treatments, but shall not include a body
rub parlour, and shall not provide over night accommodations;
(15) "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;
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(2) Section 5.(2)(a) Uses Permitted ("HMC7" Zone) and Section 5.(2)(b) Zone
Requirements ("HMC7" Zone) of By-law 2677/88 are hereby removed in
their entirety.
(3) Section 5.(8)(a) - Uses Permitted ("HMC9" Zone) of By-law 2677/88, is
hereby amended by adding the following subclauses and re-alphabetizing
and renumbering the subclauses (i) to (vii):
(i) bed & breakfast establishment;
(ii) day spa;
(iv) professional office;
(v) restaurant - type A;
(4) Subclause 5.(8)(b)(viii)D of By-law 2677/88, is hereby repealed and
replaced as follows:
D Subsections 5.19.2 a), 5.19.2 b), 5.19.2 d) and 5.19.2 k) of By-law
3037, as amended, shall not apply to the lands designated "HMC9"
on Schedule I.
(5) Section 5.(8)(b)(viii) PARKING REQUIREMENTS of By-law 2677/88, is
hereby amended by adding the following subclauses after subclause D:
E Where a parking space abuts the Whitevale Road allowance a
minimum 2.0 metre landscaping buffer shall be provided;
F Despite clause 2.2.1 of By-law 3037, the minimum two-way traffic
aisle width shall be 6.0 metres;
G There shall be provided and maintained on the lot a minimum of 5.0
parking spaces per 100 square metres of gross leasable floor area
for any day spa and restaurant - type A;
H There shall be provided and maintained on the lot a minimum of
one parking space for each guest room associated with a bed &
breakfast establishment;
(6) Section 5.(8)(b)(ix) SPECIAL PROVISIONS of By-law 2677/88, is hereby
amended by adding the following subclauses after subclause (f):
(g) The gross leasable floor area of all restaurant - type A uses shall be
limited to a maximum of 200 square metres on the ground floor only;
(h) A maximum of one day spa use shall be permitted with a maximum
gross leasable floor area of 300 square metres;
(i) Despite Section 5.(8)(a) of this By-law, a professional office shall only
be permitted as a component of a day spa use, and shall be included
in the gross leasable floor area calculation for the day spa use;
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(7) Section 5.(8)(b)(x) REMOVAL OF "(H)" HOLDING SYMBOL of By-law
2677/88, is hereby removed in its entirety.
2. SCHEDULE AMENDMENT
Schedule "I" to By-law 2677/88, is hereby amended by removing the "(H)"
Holding Symbol preceding the "HMC9" zone designation on the lands being Part
of Lot 24, and Lots 25, 26 & 27, Plan 21 (Parts 5 and 6, 40R-1139) as set out on
Schedule "I" attached hereto.
3. BY-LAW 3037
By-law 3037, as amended by By-law 2677/88, is hereby further amended only to
the extent necessary to give effect to the provisions of this By-law as set out in
Section 1 above, and as set out on 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 3037, as amended.
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 February,
2008.
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David R , yor --
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Debi A. Wilcox, City Clerk
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SCHEDULE I TO BY-LAW 2677/88
AMENDED BY BY-LAW 5629/00
AMENDED BY BY-LAW 5939/02
AMENDED BY BY-LAW 6828/08
PASSED THIS 19th
DAY OF February 2008