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HomeMy WebLinkAboutPD-5-83 i (C-) CORPORATION i CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263.2231 i REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JANUARY 3, 1983 REPORT NO. : PD-5-83 SUBJECT: BY-LAW NUMBER 8-82: THE CORPORATION OF THE CITY OF OSHAWA RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-5-83 be received; and 2. That By-law Number 8-82 of the City of Oshawa be received and filed. BACKGROUND AND COMMENTS: By-law 8-82 of the City of Oshawa was forwarded to the Planning and Development Department on November 25, 1982. The subject By-law rezones a parcel of land located on the east side of Wilson Road South, between the Canadian National Railway Line and Raleigh Avenue within the City of Oshawa. The proposed By-law amendment would change the zoning of these lands from "M-1X" to "M-lX subject to Special Condition 113" in order to permit the operation of a flea market. i � I i Report No: PD-5-83 ... ./2 The lands affected by this By-law Amendment are located within an area of Oshawa which would not have an effect on the interests of the Town of Newcastle. Therefore, no further action on this By-law is required. However, we note that the last date for filing objections was December 13, 1982. Respectf y_ ted, T. T. Edwards, M.C.I.P. Director of Planning EP*TTE*mjc November 26, 1982 i i ��v„” s �., i�,"..,��.•� �, C_ '10V a4 1942 TOti1N Ox �tivlCA5TlE ' CLERk DEPART1v1E11T NOTICE OF PASSING OF A BY-LAW BY THE CORPORAT F THE— OF OSHAWA TO REGULATE LAND USE PURSUANT TO SECTION 39 OF THE PLANNING ACT TAKE NOTICE that the Council of The Corporation of the City of t Oshawa has passed By-law Number 8-82 on the 25th day of October 1982 pursuant to the provisions of Section 39 of The Planning Act. The following schedules are attached hereto:- i SCHEDULE.1. A true copy of By-law Number 8-82 I SCHEDULE.2. Consisting of: (i) a key map which shows the location of the lands to which the by-law applies. ( ii) an explanation of the purpose and effect of by-law 8-82 I SCHEDULE 3. A statement on behalf of the Chief Planning Officer of the Regional Municipality of Durham stating that By-law Number 8-82 is in conformity with the Official Plan of the Regional Municipality of Durham. ANY PERSON INTERESTED MAY, within twenty-one days after the date of the mailing, personal service or publication of this notice, file with the Clerk of The Corporation of the City of Oshawa notice of an objection to the approval of the said by-law or part thereof together with details of all or that portion of the by-law to which there is an objection and detailed reasons therefor. ANY PERSON wishing to support the application for approval of the by-law may within twenty-one (21) days after the date of the mailing, personal service or publication of this notice, file with the Clerk of The Corporation of the City of Oshawa notice of his support of the application for approval of the said by-law. If no notice of objection has been filed with the Clerk of the Corporation of the City of Oshawa within the time provided, the by-law thereupon comes into effect and does not require the approval of the Ontario Municipal Board. If a notice of objection has been filed with the Clerk of the Corporation of the City of Oshawa within the time provided, the by-law shall be submitted to the Ontario Municipal Board and the by-law does not come into effect until approved by the Ontario Municipal Board. THE LAST DATE FOR FILING OBJECTIONS IS DECEMBER 13TH 1982. (To be valid the objection must be received by this date. ) ,-- DATED AT THE CITY OF OSHAWA THIS 22ND DAY OF NOVEMBER 1982. I I .j r R.A. HENDERSON, CITY CLERK 50 CENTRE STREET SOUTH NOV �5 OSHAWA, ONTARIO. L1H 3Z7 i i SCHEDULE 1 I i THIS IS A TRUE COPY OF BY-LAW NUMBER 8-82 OF THE CORPORATION OF THE CITY OF OSHAWA PASSED BY THE COUNCIL OF THE CORPORATION OF THE i CITY OF OSHAWA ON THE 25TH DAY OF OCTOBER 1982 , BY-LAW NUMBER _ 8-82 OF i i THE CORPORATION OF THE CITY OF OSHAWA being a by-law to further amend By-law Number 3415 of the City i of Oshawa. BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of The Corporation of the City of Oshawa by the Council thereof as follows: 1. By-law Number 3415 be and the same is hereby further amended by amending Schedule "A" thereof by adding Special Condition 113 as set out in Schedule "B" to this by-law. i I 2. Sheet Number 14 of Appendix "A" to By-law Number 3415 as amended, is hereby further amended by changing the land use designation for a parcel of land, located on the east side of Wilson Road South between the Canadian National Railway Line and Raleigh Avenue, as shown on the revised Sheet Number 14 attached hereto as Schedule "A" from M-1X to M-lX subject to the provisions of Special Condition "113" so that Sheet Number 14 of By-law Number 3415 shall be amended as shown on the revised Sheet Number 14 attached to this by-law as Schedule "A". i 3. Schedules "A" "B" and "C" attached hereto shall form part of this by-law and Schedule "C" shall form Appendix "A" to Special I Condition 113. j 4. The lands made subject to Special Condition Number 117 j are hereby declared to be a site plan control area within the meaning of Subsection 2 of Section 40 of The Planning Act R.S.O. 1980 c. 379, as amended. ' I I TV�� i i PAGE TWO OF SCHEDULE 1 - 2 - . 1 5. Paragrapb 4 of this by-law shall take effect from the j date of passing of this by-law. No other part of this by-law shall I take effect until notice has been given in the manner and form and I to the persons prescribed by the regulations and no notice of i objections being filed with the City Clerk within the time prescribed by the regulations or if notice of objections is received, upon approval of The Ontario Municipal Board. i By-law read a first time this 18th day of January 1982 By-law read a second time this 18th day of January 1982 By-law read a third time and finally passed j this 25th day of October 1982. i I i MAYOR / CLERK i I i I PAGE T1114FE' OF H(JI OUI,BI 1 SCHEDULE "A" TO NUMUL'BY—LAW L It 8-l32 PASSED THIS 25th DAY OF October 1982 MAYOR CLERK • I I - I I SEE SHEET 10 f _ R-3 R•aA "R-2A i R.2A RI-2A I M 2 � I R- B _ --_-- u- M-/X m � m� RlB _a _ t= SEE SHEL'15 i I 1 -'J .. i 1 i ` 1 � IFrom M-IX / ; To M-IX O -0 ! O y O ' O T». ... j I Raleigh Avenue T . wom uc[wo City of Osno i, ZONING MAP sheet 14 0115 sheets PA(il� POUR OF SCHL'UULP'. 1 l �(C 5CHE DULL "B" TO BY-LAW NUMBU 8-82 \' PASSED THIS 25th DAY OF October 1982 MAYOR CLERK i SPECIAL CONDITION 113 I The parcel of land having an area of approximately 2.3 ha. located on the east side of Wilson Road South, between the Canadian National Railway Line and Raleigh Avenue, as shown on Schedule "A" hatched and marked M-1X with the figures "113" I encircled shall be suject to the special regulations hereinafter contained and where there is any conflict between f) the regulations hereinafter set out and any other provisions 1 of this by-law or By-law Number 55-73, these special I regulations shall apply, but in the event that this Special Condition is silent on any matter, then the provisions applicable to an M-1X use district and the provisions of I By-law Number 55-73 shall apply: I . i 1.1 DEFINED AREA: I The area subject to this Special Condition is shown on i I Schedule "A" hereto outlined with a heavy line and I' hatched with the figures "113" encircled and also on Appendix "A" to this Special Condition. s � j 1.2 DEFINITIONS: For the purpose of the interpretation of the various provisions set forth in this Special Condition, the i following definitions shall apply: i � I 1.2.1 "Flea Market" means a building or part of a J building in which goods, wares, merchandise, substances and articles are displayed, offered or i kept for sale to the public in accordance with the provisions of Section 3 (1) (a) of The Retail Business Holidays Act R.S.O. 1980 Chapter 453. ^ " I nu►' V I VP' cal' IICI111MI'i' 1 1.3. Permitted Uses: The land subject to this Special Condition shall not be V . used for any purpose except one or more of the following uses: 1.3.1 any use permitted in an M-1X zoning district. i j1.3.2 a flea market operated totally from within a building having a maximum total floor area of I 1,395 m2 and identified as Existing Building "B" on Appendix "A" to this Special Condition, i provided that no individual establishment shall occupy more that 233 m2 .of floor area. I ' 1.4 Permitted Buildings: Three single storey buildings identified as Existing Building "A", Existing Building "B" and Existing i Building "C" on Appendix "A" hereto are permitted with I j the following maximum total floor areas: Existing Building "A" - 1,825 m2 Existing Building "B" - 1,395 m2 Existing Building "C" - 930 m2 I I � i 1.6. Off Street Parking Notwithstanding any provisions of By-law Number 55-73 to the contrary, no less than 236 parking spaces shall be i provided for use in conjunction with the permitted buildings described in Section 1.4 of this Special i Condition provided, however, that in the event of the flea market ceasing to be in operation, the provisions of By-.law Number 55-73 shall apply. i )'A({),' 111X (11' tlClil'I111111: X + SCHEDULE "C" TO BY-LAW NUMBER 8-82 V (C PASSED THIS 25th DAY OF October 1982 1 MAYOR CLERK i APPENDIX A I { '4 i 1 j ;� •rl•Y'w•1 I.H •M N'e!Ar � � . � •.eel ' 3=,4� 1 I � O RYIh11r.1�-1• �. I � i /�,• +JI i O •rl•N'e . roi.el • J ; Z3 1 Raleigh Avenue 1 _.4,.k_ ,. _.,mom.-.�.,. .. ,.,. �,,...a_.,�--...-...�... .. ._•_...... �. .. ,�'� � i SCHEDULE 2 i M THIS IS THE KEY MAP SHOWING THE LOCATION OF THE LAND TO WHICH THE BY-LAW APPLIES. SEE SHEET 10 i:tc-mcsvz�_?�v�Ilo:rRSY f Tl 1!LL �•' i„ '.•!� . R 3 n s n/ /e l N_/8 r5 1LR 2A R-2A X -- [_— M-lX R-/8 ' .I -.__ SEE SHEET 15 I i ` 1 1 / , I From M-IX To MIX /� o y o Raleigh Avenue �on�. [[c[hq -• 0111• JI 05how :�...:,:;�_�._,..-.,., °° ' ,�'� �:::� •-•- ZONING MA 5 _ P heel 16 of 15 sheets i - i 1 }� C ' i SCHEDULE 2 THIS IS THE EXPLANATION OF THE PURPOSE AND EFFECT OF BY-LAW NUMBER 8-82 I i i i E X P L A N A T O R Y N 0 T E. I I By-law 8-82 changes the land use designation for a parcel of land on the east side of Wilson Road South between the Canadian National Railway Line and Raleigh Avenue shown hatched on Schedule "A" to By-law 8-82 from M-1X to M-lX subject to Special Condition I 113 to permit the operation of a flea market from within a i � specific existing building on the subject property and to specify j that 236 of parking spaces be provided in conjunction with a flea market use. i I i i i I I � t i l i I I i ' � SCHEDULE 3 j i i • i i STATEMENT OF CONFORMITY TO THE OFFICIAL PLAN FOR THE REGIONAL MUNICIPALITY OF DURHAM I , G.D. Cameron, acting on behalf of Dr. M. Michael , the (� •, .' ' Chief Planning Officer of The Regional Municipality of Durham, have reviewed By-law 8-82 of the City of Oshawa. I I am of the opinion that this By-law is in conformity with ' I the Official Plan in effect for the Durham Planning Area. Dated this 10th day of November, 1982. i G.D. Cameron i i act i ng on behalf of Chief Planning Officer i This Schedule 3 is issued to the City of Oshawa for By-law 8-82 i pursuant to Ontario Regulation 78/80, a regulation made under The ' Planning Act. ; I DATED OCTOBER 25TH 1982 THE CORPORATION OF THE CITY OF OSHAWA BY-LAW NUMBER 8-82 H. J. COUCH City Solicitor 50 Centre Street South OSHAWA, Ontario. f