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HomeMy WebLinkAboutPD-21-82 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON, ONTARIO L061J0 TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF FEBRUARY 8, 1982 REPORT NO. : PD-21 -82 SUBJECT: BY-LAW NUMBER 119-81 : THE CORPORATION OF THE CITY OF OSHAWA RECOMMENDATION: It is respectfully submitted that the General Purpose and Administration Committee recommend to Council the following: 1 . That By-law Number 119-81 of the City of Oshawa be received and filed. BACKGROUND AND COMMENT: By-law Number 119-81 of the City of Oshawa was forwarded to the Planning and Development Department on January 19, 1982. The subject by-law rezones a parcel of land located on the southeast corner of King Street East and Eastlawn Street within the City of Oshawa in order to permit one residential unit to locate on the upper level of an existing building which may contain business and professional offices, a retail store or personal service shop on the ground floor of this building. Since the subject parcel of land is located within an area of the City of Oshawa which would not have an affect on the Town of Newcastle r, rJ Report ND. : PD-21-82 . . ./? " ^ then no further action on this By-law would be required' However, we note that the last date for objections was February 2, 1982. Respectf T. Edwards, M.C.I 'P. Deputy Director of Planning EP: 'C January 20, 1982 _ _ - 7 NOTICE O iIC ,'TIO ��' kTH ONTARIO MUNICIPAL BOARD-BY-T$E__ CORPORATI NN , - OSHAWA FOR APPROVAL OF A BY-LAW TO REGULATE LAND USE PASSED PURSUANT TO SECTION 35 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 35 of The Planning Act for approval of By-law Nwnber 119-81 passed on the 7th day of December 1981. 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 the by-law. THE LAST DAY FOR FILING OBJECTIONS WILL BE FEBRUARY 3RD 1982. DATED AT THE CITY OF OSHAWA THIS 13TH DAY CF JANUAW 1982. R.A. HENDERSON, ciTy CLERK 50 CENTRE STREET SOUTH OSHAWA, ONTARIO. '. BY-LAW NUMBER 119-81 OF THE CORPORATION OF THE CITY OF OSHAWA being a by-law to further amend By-law Number 3415 of the City of Oshawa and to repeal by-law number 68-81. 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 107 as set out in Schedule "B" to this by-law. 2. Sheet Number 11 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 at the southeast corner of King Street East and Eastlawn Street having a frontage of approximately 18.2 meters on King Street East and a depth of approximately 53 meters on Eastlawn Street as shown on the revised Sheet Number 11 attached hereto as Schedule "A" from R-1B to C-1 subject to Special Condition 107 so that Sheet Number 11 of By-law Number 3415 shall be amended as shown on the revised Sheet Number 11 attached to this by-law as Schedule "A 3. Sche;lVles "A" and "B" attached hereto shall form part of this by-law. 4. The lands made subject to Special Condition Number 107 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. 2 5. Paragraph 4 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. 6. By-law Number 68-81 be and the same is hereby repealed. By-law read a first time this 7th day of December 1981 By-law read a second time this 7th day of December 1981 By-law read a third time and finally passed this 7th day of December 1981 . �J MAYOR CLERK ' r . SCHEDULE "A" TO BY—LAW NUMBER 119-81 PASSED THIS 7TH DAY OF D BER 1981 y��1 MAYOR CLERK SEE SHEET 7 _ R/B R-IB ' ` R-/B rf R-/B R-1B m R_/B R /B 0 R R-/B m ' R-IB ca R-1B R-/B �- R-1B SEE SHEET 10 Rae m cn R-1B R-/e — R-/B o R-IB R-te t m F ca tR R'1B o v F R-Z8 t ►' a 3 V F- Q BR �c K-1B ,4 w_r. o �•� � a Lu 1 - R-2A KING S TREE T EA.s T - � Hat°29.3p.E _ Lu E / E ^ I jO C-/ 40 R-IB ' = /07 - z z Is 01� Q - I \ Q R-IB W roril- r � UctrO _ City of Oshawa ._�'•'=---- - z �.... --- ZONING MAP sheet 11 of 15 sheets ® _r... ._ SCHEDULE "B" TO BY-LAW NUMBER 119-81 - PASSED THIS 7th DAY OF December 1981 MAYOR CLERK SPECIAL CONDITION 107 The parcel of land shown on Schedule "A" to this by-law, hatched and marked C-1 with the figure "107" encircled shall be subject to the regulations hereinafter contained and where there is any 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 Special Condition is silent on any matter, the provisions applicable to a C-1 use district and By-law Number 55-73 shall apply: 1.1. Defined Area: The area subject to this Special Condition is as shown on Schedule "A", hereto, outlined in a heavy line and hatched with the figure "107" encircled. 1 . 2. Definitions: For the purpose of the interpretation of the various provisions set forth in this by-law, the following definitions shall apply: 1. 2. 1 "Business Office" .means a building or part of a building in which one or more persons are employed in the management, direction and conducting of a business, agency, brokerage, or a labour or fraternal organization and may include • but not be limited to a bank, or other financial institution and a radio or television broadcasting station and related studios or th 2 - 1 . 2. 2 "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. 1 .2.3 "Clinic" means a building or part of a building used by physicians, dentists, or drugless practitioners, their staff and their patients for the purpose of consultation, diagnosis and treatment. 1. 2.4 "Retail Store" means a building or part of a building in which goods, wares , merchandise, substances and articles are displayed, offered or kept for sale at retail or on a rental basis . 1. 2. 5 "Personal Service Shop" means a building or part of a building in which persons are employed in furnishing services and otherwise administering to the individual and personal needs of persons, and without limiting the generality of the foregoing may include such establishments as barber shops, beauty parlors, shoe repair and shoe shining shops, dry cleaning- establishments and depots for collecting dry cleaning and laundry. -3- 1.3. Permitted Uses: The land subject to this Special Condition shall not be used for any purpose except one or more of the following uses: 1. 3. 1 a business or professional offices except veterinary offices 1 . 3.2 a retail store 1. 3 .3 a personal service shop 1. 3.4 one residential flat 1 .3 .5 any accessory use. 1 .4 Permitted Building: The two-storey brick building existing on the lands subject to this Special Condition on the 7th day of December 1981 shall be the only building permitted on the said lands 1. 5. Prohibited Uses: Any use hereinbefore not specifically permitted is prohibited and without "limiting the generality of the foregoing the following uses are prohibited. V . 1.5.1 a place of assembly or a place of amusement. 1. 5. 2 a body-rub parlour as defined in Section 368a (5) of The Municipal Act R.S.O. 1970, Chapter 284, as amended from time to time, or any successor thereto. 1 . 6. Off Street Parking and Loading: Off street parking and loading spaces shall be provided accordance with By-law Number 55-73, as amended. -4- 1.7. Maximum Useable -Commercial and Office Floor Area The commercial and office uses listed under Section 1.3 of this by-law which are permitted within the existing two-storey brick building shall not exceed a maximum total floor area of 82 square metres. E X P L A N A T O R Y N 0 T E EXPLANATION OF THE PURPOSE AND EFFECT OF BY-LAW NUMBER 119-81 By-law Number 119-81 changes the land use designation for a parcel of land, located on the southeast corner of King Street East and Eastlawn Street having a frontage of approximately 18. 2 meters on King Street East and a depth of approximately 53 meters on Eastlawn Street shown hatched and marked C-1 with the. figures "107" encircled on Schedule "A" to by-law number 119-81 from R-1B to C-1 subject to the provisions of Special Condition 107 to permit one residential flat on the upper level of the existing building together with business and professional offices, a retail store or personal service shop on the ground level. The only building permitted is the existing building on the property.