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HomeMy WebLinkAboutPD-139-82 31 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1,10 TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 13, 1982 REPORT NO. : PO-139-82 SUBJECT: BY-LAW NUMBER 89-82: 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-139-82 be received; and 2. That By-law 89-82 of the City of Oshawa be received and filed. BACKGROUND AND COMMENTS: By-law Number 89-82 of the City of Oshawa was forwarded to the Newcastle Planning Department on August 4, 1982. The subject By-law rezones a parcel of land located on the south side of Bloor Street West, west of Park Road South. The proposed By-law amendment would change the zoning of this site from "M-lA" to "M-lA Special Condition 122" in order to permit the establishment of a bank, merchandise service shop, professional office, restaurant and sales outlet, in addition to those uses normally permitted in an M-lA zone. Report No: PD-139-82 .. ./2 The subject lands are located within an area of the City of Oshawa which would not have an effect on the Town of Newcastle, and therefore, no further action on this By-law amendment is required. However, we note that the last date for filing objections was August 19, 1982. Respec ul mitted, T. T. Edwards, M.C.I.P. Director of Planning EP*TTE*mjc August 5, 1982 RIF ���� AUG 3 1982 TOWN OF NROM11 0 APPLICATION TO THE ONTARIO MUNICIPAL BOARD BY THE CLERK DEP=MENIRAT ON OF THE CITY OF OSHAWA FOR APPROVAL OF A BY-LAW TO LAND USE PASSED PURSUANT TO SECTION 39 OF THE PLANNING ACT TAKE NO'T'ICE 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 89-82 passed on the 26th day of July 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. 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 giving 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-lati,; 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 the said by-law together with a request for notice of any hearing that may be held giving the name and address to which such notice should be given. 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 OBJECTIONS WILL BE AUGUST 19TH 1982 DATED AT THE CITY OF OSHAV1% THIS 29TH DAY OF JULY 1 82 -- R.A. HENDERSON, CITY CLERK $y3 S 1982 50 CEWRE STREET SOUTH OSHAWA, ONTARIO. 7f ` BY-LAW NUMBER 89-82 OF THE CORPORATION OF THE CITY OF OSHAWA being a by-law to further amend By-law Number 3415 of the City of Oshawa. BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law . of The Corporation of the City of Oshawa by the Council thereof as follows: 1 . By-law Number 3415 be and the same is hereby further amended by adding to Schedule "A" thereof Special Condition "122" as set out in Schedule "B" to this by-law. 2. Sheet Number 12 of Appendix "A" to By-law Number 3415, as amended , is hereby further amended by changing the land use designation for a parcel of land situated on the south side of Bloor Street West , west of Park Road South , having approximately 65 metres of frontage on Bloor Street West and an average deptb -of approximately 114 metres as shown hatched and marked with the figures "122" encircled on the revised Sheet Number 12 attached hereto as Schedule "A" from M-lA to M-1A subject to the provisions of Special Condition " 122" so that Sheet Number 12 shall be amended as shown on the revised Sheet Number 12 attached hereto as Schedule "A" . 3. The lands made subject to Special Condition Number "122" are hereby declared to be a site plan control area within the meaning of subsection 2 of Section 40 of the Planning Act, R.S.O. 1980, c. 349, as amended. 4. Schedules "A" and "B" attached hereto shall form part of this by-law. -2- 5. Paragraph 3 of this by-law shall take effect from the date of passing of this by-law. No other part of this by-law shall come into force without tte approval of the Ontario Municipal Board but subject thereto this by-law shall take effect from the date of its passing. By-law read a first- time this 26th day of July 1982 By-law read a second time this 26th day of July 1982 By-law read a third time and finally passed this 26th day of July 1982 MAYOR / CLERK PASSED TI;IS 26th DAY OF July 1982 MAYOR / CLERK SEE SHEET B _y s�+ UNr_IILp08—STACEY WE$T s/i M-/,4 M-/a s F F 1 fi M1� � B loor Street West /P N � H J / I SEE SHEET 13 NOTE- TO WA 122 ALL DIMENSIONS V ARE IN METRES m Q ; 3 0 - a s �• O x F w 6a•]0 10 E 61 01 Ca>�ladia� N alional Railv��aY eR • I F — R 1A L A K E ONTARIO r — - i LEGEND City of Oshowo I �y`�.~��♦�^'~�•.•~YM71•� � � _�...ry � ,,:,��„ ZONING MAP sheet �2 of sheets eets V..W w00 YY1 ,♦��1 •�0 T SCHEDULE "B" TO BY-LAW NUMBER 89-82 PASSED THIS 26th DAY OF July 1982 MAYOR CLERK SPECIAL CONDITION "122" A parcel of land located on the south side of Bloor Street West, west of Park Road South as shown on Schedule "A" hatched and marked M-lA with the figures "122" encircled shall be subject to the special provisions and definitions hereinafter contained and where there is any conflict between the provisions and definitions hereinafter set out and any other provisions and definitions of By-law 3415 and By-law Number 55-73, these special provisions and definitions shall apply, but in the event that this Special Condition is silent on any matter, the provisions and definitions applicable to z an M-lA use district and By-law Number 55-73 shall apply: 1. Defined Area: The area subject to this Special Condition is shown on Schedule "A" hereto, outlined with a heavy line and hatched with the figures "122" encircled . 2. Definitions : For the purpose of the interpretation of various provisions set forth iq this by-law, the following definitions shall apply: 2. 1 "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 . 2 . 2 "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 . 2 .3 "Professional Office" means a building or a part of. a 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. 2. 4 "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 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 . -3- 2. 5 "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 . 3 . Permitted Uses : No person shall within the M-IA use district affected by Special Condition " 122" use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: 3 . 1 All uses permitted in an PI-1A use district 3 .2 Bank t 3. 3 Merchandise service shop 3 . 4 Professional office 3 . 5 Restaurant 3 . 6 Sales outlet occupying not more than 20% of the gross floor area of the assembly, manufacturing , processing or food preparation plant or merchandise service shop or warehouse to which it is accessory. 4 . Off-Street Parking : I Notwithstanding Section 2. (m) of By-law Number 55-73 , - off-street parking shall be provided at the rate of one parking space for each 24 square metres of total floor area. I 4'_C0 EXPLANATORY NOTE EXPLANATION OF THE PURPOSE AND EFFECT OF BY-LAW NUMBER 89-82 By-law Number 89-82 changes the land use designation for a parcel of land located on the south side of Bloor Street West, west of Park Road South, having a frontage of approximately 65 metres on Bloor Street West and an average depth of approximately 114 metres, from M-lA to M-lA subject to Special Condition "122" to permit, in addition to the uses permitted in an M-lA use district, the uses of a bank, merchandise service shop, professional office , restaurant and sales outlet of a specified maximum size. t I i i i DATED Jr'-Y_ 26TH, 1982 THE CORPORATION OF THE CITY OF OSHAWA i • BY-LAW NUMBER 89-82_� I H .. J . COUCH City Solicitor 50 Centre Street South OSHANA, Ontario . I