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
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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
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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.
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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 .
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MAYOR CLERK
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SCHEDULE "A" TO BY—LAW NUMBER 119-81
PASSED THIS 7TH DAY OF D BER 1981 y��1
MAYOR CLERK
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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
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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.
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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.
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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.
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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.