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