HomeMy WebLinkAboutBy-law 7013/10
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 7013/10
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as
amended, to implement the Official Plan of the City of Pickering District
Planning Area; Region of Durham on Lots 42, 43, 44 and part of Service
Road, Plan 509, yin the City of Pickering. (A 18/09)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit the development of a retirement facility;
AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed
necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS, AS FOLLOWS:.
1. SCHEDULEI
Scheduled attached hereto 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 on Lots 42, 43, 44 and
part of Service Road, Plan 509, in the City of Pickering, designated "MU-(IN)" on
Scheduled attached hereto.
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) "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;
By-law No. 7013/10 Page 2
(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;
(3) "Floor Space Index" shall mean the ratio of the aggregate of the floor
areas of the specified use or uses established or to be established in a
zone (excluding any building or part of a building below grade), to the area
of that zone;
(4) "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;
(5) "Retirement Home" shall mean a building or part of a building providing
accommodation primarily for retired persons where each private bedroom
or living unit does not include a stove top and oven, does have a separate
entrance from a common hall, and where common facilities and services
may be provided for the residents including personal services, the
preparation and consumption of food, nursing services, common lounges,
recreation rooms and ancillary support offices;
(6) "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;
(7) "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 aboveground except for such accessory buildings, structures,
or other uses as are specifically permitted thereon.
5. PROVISIONS
(1) Uses Permitted("MU-(IN)"Zone)
No person shall within the lands designated "MU-(IN)" on Schedule I
attached hereto, use any tot or erect, alter, or use any building or
structure for any purpose except the following:
i
I
By-law No. 7013/10 Page 3
(i) day nursery,
(ii) retirement home;
(2) Zone Requirements ("MU-(IN)" Zone)
No person shall within the lands designated "MU-(IN)" on Schedule I
attached hereto, use.any lot or erect, alter, or use any building except
in accordance with the following provisions
(i) FLOOR SPACE INDEX:
Maximum 1.7;
(ii) BUILDING HEIGHT:
Minimum 12 metres;
Maximum 6 storeys and 21 metres;
(iii) BUILDING LOCATION AND SETBACKS:
A Buildings and structures shall be located entirely within
the building envelope shown on Schedule I attached
hereto;
B No building, part of a building, or structure shall be
erected unless 100% of the length of the build-to-zone,
as illustrated on Schedule I attached hereto, contains a
building or part of a building;
C Despite clause A above, minor landscape elements such
as raised planting beds, screening walls, gazebos and
patios, shall be permitted beyond the limits of the building
envelope identified on Schedule I attached hereto, but no
closer than 0:5 metres from the limits of the lands on the
south, east and west sides and 4.5 metres from the north
property limit;
(iv) PARKING REQUIREMENTS:
A There shall be provided and maintained a minimum of
4.5 parking spaces per 100 square metres of gross floor
area for day nursery uses;
B There shall be provided and maintained a minimum of
0.2 parking spaces per living unit for residents, and
0.05 parking spaces per living unit for visitors for
retirement home uses;
By-law No. 7013/10 Page 4
C All entrances and exits to parking areas and all parking
areas shall be surfaced with brick, asphalt or concrete, or
any combination thereof;
D At grade parking spaces and aisles shall be located a
minimum of 3.0 metres from the west lot line and
4.5 metres from all other lot lines;
(v) SPECIAL REGULATIONS:
A The.maximum gross leasable floor area for all day
nursery uses shall be 150 square metres;
B Clauses 5.9, 5.18, 5.21.1, 5.21.2(a), 5.21.2(b), 5.21.2(d),
5.21,2(e), 5.21.2(f), 5.21.2(g), and 5.21.2(k) of By-law
3036, as amended, shall not apply to lands designated
"MU-(IN)" on Schedule I attached hereto.
C Despite clause 2.8 of By-law 3036, as amended, parapet
walls shall not be included in the calculation of "building
height".
6. BY-LAW 3036
(1) 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 l 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.
7. 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 first, second, and third time and finally passed this 18th day of
January, 2010.
David R n, M r
Debbie Shields, City Clerk-
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SCHEDULE I TO BY-LAW 7013/10
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PASSED THIS 1 Stn
DAY OF January 2010
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