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
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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.
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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
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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 .
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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.
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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.
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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 .
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