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HomeMy WebLinkAboutPD-33-83 s CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF FEBRUARY 21st , 1983 REPORT NO. : PD-33-83 SUBJECT: BY-LAW NUMBER 155-82: 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-33-83 be received; and 2. That Ry-1 aw 155-82 of the City of Oshawa be received and filed. BACKGROUND AND COMMENTS: By-law Number 155-82 of the City of Oshawa was forwarded to the Planning and Development Department on January 24, 1983. The subject By-law changes the zoning of a parcel of land located on Champlain Avenue within the City of Oshawa from "BM-1B" , "R-2A" and "R-5" to M-1X" subject to Special Condition "110". The By-law will permit the site to be developed for industrial and commercial uses. I�� f Report No: PO-33-83 .. ./2 This Ry-law amendment covers a parcel of land within Oshawa which would not affect the interests of the Town of Newcastle, and therefore no further action on this amendment is required. However, we note that the last date for filing objections was February 8, 1983. Respectful ) —submit-ted, T. T. Edwards , M.C.I .P. Director of Planning J . rWtTTE*mjc Inuary 25, 1983 I i I 'n NOTICE OF APPLICATION TO THE ONTARIO MUNICIPAL BOARD BY THE CORPORATION OF THE CITY OF OSHAWA FOR APPROVAL OF A BY-LAW TO REGULATE LAND USE PASSED PURSUANT TO SECTION 39 OF THE PLANNING ACT TAKE NOTICE that the Council of The Corporation of the City of Oshawa intends to apply to The Ontario Municipal Board pursuant to the provisions of Section 39 of The Planning Act for approval of By-law Number 155-82 passed on the 20th day of December 1982. A copy of the by-law is furnished herewith. A note giving an explanation of the purpose and effect of the by-law and stating the lands affected thereby is also furnished herewith. I ANY PERSON INTERESTED MAY within twenty-one (21) days after the date of this notice, send by registered mail or deliver to the Clerk of the City of Oshawa notice of objection to approval of the said by-law or part thereof givinq details of all or the portion of the by-law to which you object and detailed reasons therefor, and shall indicate that if a hearing is held the objector or an agent will attend at the hearing to support the objection. ANY PERSON wishing to support the application for approval of the by-law may within twenty-one (21) days after the date of this notice send by registered mail or deliver to the Clerk of the City of Oshawa notice of his support of approval of l the said by-law together with a request for notice of any hearing that may be held giving the name and address to which suds notice should be given. ft' r" THE ONTARIO MUNICIPAL BOARD may approve of the said by-law but before doing so it may appoint a time and place when any objection to the by-law will be considered. Notice of any hearing that may be held will be given only to persons who have filed an objection or notice of support and who have left with or delivered to the Clerk undersigned, the address to which notice of hearing is to be sent and similarly, to any person who has filed a request for a change in the provisions of the by-law. THE LAST DAY FOR FILING CBJECTICNS WILL BE FEBRUARY 8TH 1983 DATED AT THE CITY OF OSHAWA THIS 18TH DAY OF JANUARY 1983 JAN M, 1983 R.A. HENDERSON, CITY CLERKa`.Yvvi` 50 CENTRE STREET SOUTH p! A N N A I\,(I U( OSHAWA, ONTARIO. r __ l • I BY-LAW HUMMER _ 155.82 01' Till' CORI)ORA'T'ION 01' THF: CI'T'Y 01' OSHAWA being a by-law to further amend By-law Plumber 3415 of the City of I Oshawa, BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law i of The Corporation of the City of Oshawa by the Council thereof as follows: 1 . Sheet Number 8 of Appendix "A" to By-law Number 3415 as amended, is hereby further amended by changing the land use I designation for a parcel of land having a frontage of approximately 100 metres on Champlain Avenue, as shown on the I revised Sheet Number 8 attached hereto as Schedule "A" , from Btl-lB, R-2A and R-5 to M1X subject to the provisions of Special Condition "110" , so that Sheet Number 8 shall be amended as shown i on the revised Sheet Plumber 8 attached hereto as Schedule "A" . 1 2. Schedule "A" attached hereto forms part of this by-law. I 3. No part of this by-law shall come into force without the i approval of the Ontario Municipal Board but subject thereto this by-law shall take effect from the date of its passing. By-law read a first time this 20th day of December 1982 ' s By-law read a second time this20th day of December 1982 By-law read a third time and finally passed this20th day of December 1982 MAYOR CLERK `5 ScUxoULu "x" TO BY-LAW wowoux 155-112 %0 h oy D mh ^"^° 1982 | MAYOR CLERK DST I t C-1 To QQ BR IA -2A R-2A IT cz All k/z, PR27A ell R-219 QQ BR R-2A To BR 1,ALL IIIIIIN110"I ARCIN METRES 11 DENOTES SPECIAL CONDITION VA FROM R-2A FROM R-5 L LL to ZON ING MAP sheet 8 of 15 sheets / , ' ' � / / | / � ' / � � �. ' , / � i ' ' ` � � � ` | ' ! ` ' 8 U | | l i E X _P L A N A T_0 R Y N 0 T E. f f EXPLANATION OF THE PURPOSE AND EFFECT OF BY LAW NUMBER 155-82 By-law 155-82 changes the land use designation for a parcel of land having a frontage of approximately 100 metres on Champlain Avenue, from BM-1B, R-2A and R-5 to M-IX subject to the provisions of I Special Condition "110" shown hatched on Schedule "A" to By-law 155-82. The effect of the by-law 155-82 is to permit the site to be developed primarily for those industrial and related commercial ,uses permitted under Paragraph 2 of Special Condition "110" a copy of which is attached hereto. I I ! II I i I i t1 1■air...^. F� t SPECIAL CONDITION 110 edule "A" to this by-law, hatched The parcel of land shown on Sch and marked Mlx with the figures 11110" encircled shall be subject i i to the regulations hereinafter contained and where there is a conflict between the regulations hereinafter set out and any other provisions of By-law Number 3415, or By-law Number 55-73, these special regulations shall apply, but in the event that this I Special Condition is silent on any matter, the provisions I, • applicable to an Mlx use district and By-law Number 55-73-shall apply' 1.Definitions: I For the purpose of interpreting the provisions set forth in this by-law, the following definitions shall apply: , 7 1.1 "Club" means an athletic, recreational, social or fraternal i club whether or not operated for gain or profit and havincj i either public or private membership. 1.2 'Gross Floor Area" means the total of the area of all floor levels within the outside walls of a building whether any such floor is above or below grade, but excluding any part of the building which is used for heating and mechanical ` equipment, the storage or parking of vehicles, locker storage and laundry facilities, caretaker' s, supervisor's or watchman's living quarters, stairwells and elevators or covered malls. - , T I i 1.8 "I•'ood Preparation Plant" means a building or part of a building in which processed food products are cooked, baked, mixed, packaged, or otherwise prepared for distribution to wholesale or retail outlets. I 2. Permitted Uses: I No person shall within the MIX use district affected by Special Condition "110" use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: (a) Auditorium, swimming pool, or other recreational use. (b) Bank or similar financial institution. (c) Building for scientific, technical, research and development uses. (d) Clubs, either private or public, and fraternal organizations. (e) Commercial or technical school, I (f) Industrially oriented or professional offices except veterinary office. (g) Merchandise service shop. (h) Plant for the assembly, manufacture, and 1 ' processing of products within a wholly enclosed building and may include but not be limited to a dry cleaning establishment and a food preparation plant but excludinq a junk or salvaqe operation, an automobile wrecking r i operation or any other noxious or offensive use. (i) Sales outlet. (j ) Warehouse for the storage of qoods and materials within a wholly enclosed structure but excludinq a transport terminal for the loading or unloading of goods or wares. • I (k) a restaurant y I r 1 .3 "Landscaped Open Space" means open unobstructed space on a ! lot which is suitable for the growth and maintenance of grass, flowers, shrubs and gather landscaping and notwithstanding the foregoing includes any surfaced walk, patio, tennis court or similar recreational area and any swimming or decorative pool, but does not include any driveway ramp or motor vehicle parking or loading area, whether surfaced or not. 1.4 "Merchandise Service Shop" means a building or a part of a building where goods, wares, articles or things, which may include but not be limited to business machines, appliances, and furniture, are repaired or serviced and includes the regular place of business of a master electrician or master plumber but shall not include a manufacturing plant, any establishment used for the repair and servicing of motorized vehicles, or a retail store other than a sales outlet. ( 1. 5 "Professional Office" means a building or a part of a i building where professionally qualified persons and their staff are employed and where clients or patients go for advice, consultation or treatment and may include but not be limited to a clinic, the offices of a lawyer, an architect, an engineer or an accountant. 1.6 "Restaurant" means a building or a part of a building where food and beverages are prepared and offered for retail sale, primarily for immediate consumption on the premises by the public seated at tables and/or counters inside the building and may include facilities to provide customers with a take-out service of food and beverages for consumption off the premises. i 1.7 "Sales Outlet" means a building or part of a building accessory to an assembly, manufacturing or processing plant, a food preparation plant, a merchandise service shop, or a warehouse wherein products assembled, manufactured, processed, prepared, serviced or stored are kept or displayed for rent or for wholesale or retail sale, or wherein orders are taken for future delivery of such products. ' I 4 3. Zone Provisions: No person shall within any M1X use district affected by Special Condition "110" use any lot or erect, alter or use j i any building or structure except in accordance with the following provisions: 3. 1 Lot Frontage Minimum 45 metres 3.2 Lot Area ` Minimum 0.8 hectare 3.3 Lot Coverage Maximum for all buildings 50% of the lot area i t 3.4 Ground Floor Area Minimum 1800 square metres 3.5 Front Yard Minimum depth 12 metres 3.6 Rear Yard Minimum depth 7.5 metres 3.7 Side Yard Minimum flanking side yard width 9 metres Minimum interior side yard width 3 metres r , 3.8 Height Maximum 12 metres 3.9 Landscaped Open Space Minimum 10% of the lot area I i I I 4. Use of Front and Flanking Side Yards: ;I All minimum front yards and any minimum side yards abutting a flanking street in any MlX use district affected by Special Condition "110" shall be used for no purpose other than landscaping provided, however, that paved driveways required for ingress and egress to the building or structure I shall be permitted. s 5. Open Storage: i Open storage of goods, materials, and machinery shall be permitted on a lot which does not abut a flanking street if f� I such storage is accessory to a commercial or industrial use i carried on within a building located on such lot and complies with the following conditions: (a) the storage area is located exclusively in a rear yard and is not closer than 9 metres to any street line; (b) the storage area is completely enclosed by a fence, wall or similar barrier at least 1.8 metres in height; i (c) the storage area does not include any land required to meet the off-street loading or parking requirements of 3 By-law No. 55-73 or admendments thereto; (d) the storage area does not cover more than thirty per cent (30%) of the lot area and does not exceed the ground floor area of the building or buildings located on the lot; i i (e) the storage area is suitably screened from the street along any line perpendicular to such street. � r I i 6. Off-Street Parking: (a) Notwithstanding Section 4 of Special Condition 110 parking not exceeding_ 10% of the total off-street I parking required for the lot shall be permitted in the front yard or side yard abutting a flanking street provided that such parking is not located within the minimum front yard or minimum side yards required by Section 3 of Special Condition 110. (b) All driveways and those parking areas in a front or side yard shall be properly defined by continuous poured curbing or other equivalent continuous curbing. i (c) All driveways and parking area shall be hard surfaced i with concrete or asphalt and each parking space shall be clearly marked. 7. Loading: (a) No loading spaces shall be located in the front yard or side yard abutting a flanking 'street. (b) All loading areas shall be suitably screened from the street along any line perpendicular to such street. a r B. Screening: s Where in this Section it is required that an area be suitably screened, that provision shall be construed as requiring that the area is hidden by ieither a decorative masonry wall, or decorative fence, or berm or landscape d material at least 1.8 metres in height or by any other i equivalent means. 4. I 9. Signs: No person shall within any MIX use district affected by Special Condition "110" erect any sign except according to the provisions of Section 41A (10) of this by-law. 10. Sales Outlets: Sales outlets are permitted uses only if accessory and incidental to a use permitted on the same lot as the sales outlet and providing the gross floor area of the sales outlet does not exceed 20% of the gross floor area of the use to which it -is accessory and incidental. I i a i'. ,r DATED December LJtn, 1982 THE CORPORATION OF THE CITY OF OSHAWA BY—LAW NUMBER 155-82 ff. J. CnUcll City SOLicitoy, 50 Centze Street South OSHAWA, Ontario.