HomeMy WebLinkAboutPD-160-82 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 OCTOBER 12, 1982
REPORT NO. : PD-160-82
SUBJECT: BY-LAW NUMBER 97-82:
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-160-82 be received; and
2. That By-law 97-82 of the City of Oshawa be
received and filed.
BACKGROUND AND COMMENTS:
By-law Number 97-82 of the City of Oshawa was forwarded to
the Newcastle Planning Department on September 20, 1982.
The subject By-law rezones a parcel of land located on the
north side of Russett Avenue west of Simcoe Street North.
The proposed By-law amendment would change the zoning of
this site from "M-1B" to "M-1B subject to Special Condition
118" in order to permit the construction of a "performing
arts theatre".
n� � f
Report No: PD-160-82 .../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 October 7, 1982.
Respect ted,
T. T. Edwards, M.C.I.P.
Director of Planning
EP*TTE*mjc
- September 21 , 1982
SEP 2-0 1982
NOTICE OF APPLICATION TO THE ONTARIO MUNICIPAL BOARD BYTi'P F
CORPORATION OF THE CITY OF OSHAWA FOR APPROVAL OF A -pN
REGULATE LAND USE PASSED PURSUANT TO SECTION 39 OF THE PLANNING
ACT
l
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 97-82 passed on the 7th day of
September 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-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
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
ea
the bylaw.
r _ r
THE LAST DAY FOR FILING OBJECTIONS WILL BE OCTOBER 7TH 1982
DATED AT THE CITY OF OSHAWA THIS 16TH DAY OF SEPTEMBER 1982
R.A. HENIDERSON, CITY CLERK
50 CENTRE STREET SOUTH
OSHAWA, ONTARIO.
BY-LAW NUMBER 97-82 11
aJ
OF
THE CORPORATION OF THE CITY OF OSHAWA
being a by-law to further amend By-law Number 3415 of the City of
i
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 118 as set out in Schedule "B" to this by-law.
2 . Sheet Number 2 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 north side of
Russett Avenue , commencing approximately 151 metres west of Simcoe �
Street North, having approximately 43 metres of frontage extending
westerly along Russett Avenue as shown on the revised Sheet-Nur'4` ^r
2 attached hereto as Schedule "A" from M-1B to M-lA subject- to-'
Condition "118" so that Sheet Number 2 shall be amended as shown
on the revised Sheet Number 2 attached hereto as Schedule
3 . The lands made subject to Special Condition Number 118
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 .
4 . Scljo2dules "A" and "B" attached hereto form part of this
by-law.
�..1 V
-2-
r
S . 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 the 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 7th day of September 1982
By-law read a second time this 7th day of September 1982
By-law read a third time and finally passed
this 7th day of September 1982
MAYOR CLERK
1`� .:i -Lil!" 7 1-')-
PASSED THIS 7th DAY Oeptem er—"-
1982
7
MAYOR —�
CLERK
FORIHE F0Rf.1ERT0'1:';:HIP0r- U
EAST WHITBY ZONING SEE BY LAW 1757 /
Al-/A C\ "
V 1
�- - V
1T J �V �_ —
Y,.
R_ f B,
_irC- 4
R-/B R_I B
'R_/B/B R-1,9'
A R ZA r ti ''' R2A M-!B M-!B ,,
c i
•.rr J
CR-3 .:
SEE SHEET I L 2A R 1
SEE SHEET 3
' brTMv .,
1
/A
V
� r
V
If
O
N 79°06'00-E
44.79
�F-
m
From M - IB
n +�
/To M- 1 B I I B B <
/ cli
< o
151.49 /
H7p°00'30�E aS 38
Russett Avenue
.ew
r
---
ZON I NG MAP sheet 2 01 15
SCHEDULE "B" TO BY-LAW NUMBER 97-82
PASSED THIS 7th DAY OFSeptemberl982
MAYOR CLERK
SPECIAL CONDITION "118"
A parcel of land located on the north side of Russett Avenue
approximately 151 metres west of Simcoe 'Street North, as shown on
Schedule "A" to this by-law hatched and marked M-1B with the
figures "118" encircled shall be subject to the special provisions
and definitions hereinafter contained and where there is any
conflict between the 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
an M-1B use district and By-law Number 55-73 shall apply:
1 . 1 Definitions:
For the purpose of interpretation of the various provisions
set forth in this by-law, the following definitions shall
apply:
( a) "Performing Arts Theatre" means a building or part of a
building designed or intended to be used primarily for
the production and staging of live performances open to
the public on a stage or in a rehearsal studio and
without limiting the generality of the foregoing may
include the performance of plays , operas , musical
concerts , recitals and debating or spea};ing engagements
but shall not include a public cinema for the showing of
full length films .
-2-
w ' 2'\a
(b) "Total Floor Area" means the total of the area of
all floor levels in the building, including any
basement, cellar, or mezzanine and area covered by
interior walls and partitions, but excluding the roof
area , exterior perimeter walls , area occupied by
stairwells or elevators,, and covered mall areas not used
as retail sales floor area .
1 .2 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 "118" encircled .
1 .3 Permitted Uses :
The lands subject to Special Condition "118" shall not be
used for any purpose except one or more of the following
permitted uses :
(a) Performing Arts Theatre
(b) Accessory Uses
1 .4 Permitted Buildings :
One two-storey building is permitted having a maximum total
floor area of 1330 square metres .
Off-Street Parking :
Notwithstanding the provisions of the Off-Street Parking
By-law Plumber 55-73 a minimum of eight (8 ) parking spaces
shall be provided on the lands subject to Special Condition
118 .
1 . 6 Location of Parking Spaces :
A maximum of six ( 6 ) narking spaces are permitted in tho
front yard on the lands subject to Special Condition 118 .
1 '
EXPLANATORY NOTE /
EXPLANATION OF THE PURPOSE AND EFFECT OF BY-LAW NUMBER 97-82
By-law Number 97-82 changes the land use designation for a parcel
of land located at 62 Russett Avenue having a frontage of
approximately 43 metres on Russett Avenue and a lot depth of
approximately 46 metres, shown hatched and marked M-1B subject to
Special Condition 118 as shown on Schedule "A" to by-law 97-82
to permit the construction of a performing arts theatre upon the
lands with accessory uses.
n
r
DATED September 7th _ a?
dp THE CORPORATION OF THE CITY OF OSHAWA
I
BY-LAW NUMBER 97-82
i
H . 17 . COUCH
City Solicitor
50 Centre Street South
OSHAtIA, Ontario.
i