HomeMy WebLinkAboutPD-49-82 I �eJ
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO LOB UO TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF APRIL 5, 1982
REPORT NO.: PD-49-82
SUBJECT: BY-LAW 22-82: 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-22-82 be received; and
2. That By-law 22-82 of the City of Oshawa
be received and filed.
BACKGROUND AND COMMENT:
By-law 22-82 of the City of Oshawa was forwarded to the
Planning and Development Department on March 17, 1982. The
subject By-law rezones a parcel of land located on the north
side of Champlain Avenue, east of the Oshawa-Whitby
boundary. The proposed By-law amendment would permit
various industrial and commercial uses as specified within
the subject By-law.
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Report No. : PD-49-82 . . ./2
Since the subject parcel of land is located within an area
of Oshawa which would not have an effect on the Town of
Newcastle, no further action on this 8y-law will be
required. However, we note that the last date for filing
objections is April 5, 1982.
Respectf`ul1, tted,
T�- T. Edwards, M.C.I.P.
Director of Planning
EP*TTE*mjc
March 23, 1982
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NOTICE OF APPLICATION TO THE ONTARIO MUNICIPAL BOARD BY THE
CORPORATION OF THE CITY OF OSHAWA FOR APPROVAL OF A BY-LAW TO
REGULATE LAND USE PASSED PURSUANT TO SECTION 39 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 39 of
The Planning Act for approval of By-law Number 22-82 passed on the lst day of
March 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
the by-law.
THE LAST DAY FOR FILING OBJECTIONS WILL BE APRIL 5TH 1982
DATED AT THE CITY OF OSHAWA THIS 15TH DAY OF MARCH 1982
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R.A. HENDERSON, CITY CLERK � .
(, :c 50 CENTRE STREET SOUTH
OSHA1 7A, ONTARIO.
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BY-LAW NUMBER 22-82
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 110 as
set out in Schedule "B" to this by-law.
2. Sheet Number 8 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 which is* located on the north
side of Champlain Avenue, east of the Oshawa-Whitby municipal
boundary, having approximately 253 metres of frontage on Champlain
Avenue and a depth of approximately 175 . 0 metres north of
Champlain Avenue shown hatched and marked with the figures "110"
encircled on the revised Sheet Number 8 attached hereto as
Schedule "A" from BR to MIX subject to the provisions of Special
Condition 110 so that Sheet Number 8 of By-law Number 3415 shall
be amended as shown on the revised Sheet Number 8 attached to this
by-law as Schedule "A" .
3 . Schedules "A" and "B" attached hereto form part of this
by-law. ,
4 . No 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 15th day of February 1982
By-law read a second time this 15th day of February 1982
By-law read a third time and finally passed
this 1 St day a-r h 1982
1
MAYOR ;
.,� liL1�ULL "i�" i'U 1S) -Lf�W IJU1�91;Lk 1Z-t3L S(f
PASSED 'Flits 1St DAY OF March 1982
MAYOR
CLERK
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SC'IiF?�t1I,T' " Ij" Tn ill`-1,ANd i11�t1CjC:R ??-f�?
PASSED THIS 1st DAY OF March 1982
MAYOR
t CLERK
SPECIAL CONDITION 110
The parcel of land shown on Schedule "A" to this by-law, hatched
and marked M1X with the figures "110" encircled shall be subject "
to the regulations hereinafter cbntained and where there is a
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 an M1X use district and By-law Number 55-73 shall
apply:
l .Definitions :
For the purpose of interpreting the provisions set forth in this
by-law, the following definitions shall apply:
1 . 1 "Club" means an athletic, recreational , social or fraternal
club whether or not operated for gain or profit and having
either public or private membership.
1 . 2 "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 .
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1 . 3 "Landscaped Open Space" means open unobstructed space on a
lot which is suitable for the growth and maintenance of
grass, flowers , shrubs and other landscaping and
notwithstanding the foregoing includes any surfaced walk,
patio, tennis court or similar recreational area and any
swimming or decorative pool , but does not include any
driveway ramp or motor vehicle parking or loading area ,
whether surfaced or not.
1 . 4 "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.
1 . 5 "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 . 6 "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 and/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 .
1 . 7 "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 .
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1 .8 "Food Preparation Plant" mel-ins a building or part of a
building in which processed food products are cooked, baked,
mixed, packaged, or otherwise prepared for distribution to
wholesale or retail outlets .
2 . Permitted Uses :
No person shall within the M1X use district affected by
Special Condition "110" use any lot or erect, alter or use
any building or structure for any purpose except one or more
of the following uses :
(a) Auditorium, swimming pool , or other recreational use .
(b) Automobile service station.
(c) Bank or similar financia_l institution.
(d) Building for scientific, technical, research and
development uses .
( e) Clubs, either private or public, and fraternal
organizations .
( f) Commercial or technical school .
( g) Hotel or motel .
(h) Industrially oriented or professional offices except
veterinary office.
( i) Merchandise service shop.
( j) Plant for the assembly, manufacture, and processing of
products within a wholly enclosed building and may
include but not be limited to a dry cleaning
establishment and a food preparation plant but
excluding a junk or salvage operation, an automobile
wrecking operation or any other noxious or offensive
use.
(k) Sales outlet .
( 1) Warehouse for the storage of goods and materials within
a wholly enclosed structure but excluding a transport
terminal for the loading or unloading of goods or
wares .
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3 . Zone Provisions :
No person shall within any M1X use district affected by
Special Condition "110" use any lot or erect, alter or use
any building or structure except in accordance with the
following provisions:
3 . 1 Lot Frontage
Minimum 45 metres
3 . 2 Lot Area
Minimum 0. 8 hectare
3 . 3 Lot Coverage
Maximum for all buildings 500 of the
lot area
3 .4 Ground Floor Area
Minimum 1800 square
metres
3 . 5 Front Yard
Minimum depth 12 metres
3 . 6 Rear Yard
Minimum depth 7. 5 metres ~`
3 . 7 Side Yard
Minimum flanking side yard width 9 metres
Minimum interior side yard width 3 metres
3 . 8 Height
Maximum 12 metres , '
3 . 9 Landscaped Open Space
Minimum 100 of the
lot area
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4,. Use of Front and Flanking Side Yards :
All minimum front yards and any minimum side yards abutting
a flanking street in any M1X use district affected by
Special Condition "110" shall be used for no purpose other
than landscaping provided, however, that paved driveways
required for ingress and egress to the building or structure
shall be permitted.
5 . Open Storage:
Open storage of goods , materials , and machinery shall be
permitted on a lot which does not abut a flanking street if
such storage is accessory to a commercial or industrial use
carried on within a building located on such lot and
complies with the following conditions:
(a) the storage area is located exclusively in a rear yard
and is not closer than 9 metres to any street line ;
(b) the storage area is completely enclosed by a fence,
wall or similar barrier at least 1. 8 metres in height;
(c) the storage area does not include any land required to
meet the off-street loading or parking requirements of
By-law No. 55-73 or adinendments thereto;
(d) the storage area does not cover more than thirty per
cent (30%) of the lot area and does not exceed the
ground floor area of the building or buildings located
on the lot;
(e) the storage area is suitably screened from the street
along any line perpendicular to such street.
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6. Off-Street Parkinq :
(a) Notwithstanding Section 4 of Special Condition 110
parking not exceeding 10% of the total off-street
parking required for the lot shall be permitted in the
front yard or side yard abutting a flanking street
provided that such parking is not located within the
minimum front yard or minimum side yards required by
Section 3 of Special Condition 110 .
(b) All driveways and those parking areas in a front or
side yard shall be properly defined by continuous
poured curbing or other equivalent continuous curbing .
( c) All driveways and parking area shall be hard surfaced
with concrete or asphalt and each parking space shall
be clearly marked.
7. Loading:
(a) No loading spaces shall be located in the front yard or
side yard abutting a flanking street.
(b) All loading areas shall be suitably screened from the
street along any line perpendicular to such street.
8. Screening:
Mhere in this Section it is required that an area be
suitably screened, that provision shall be construed as
requiring that the area is hidden by either a decorative
masonry wall, or decorative fence, or berm or landscape
material at least 1 . 8 metres in height or by any other
equivalent means .
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9 . _ Signs:
No person shall within any M1X use district affected by
Special Condition "110" erect any sign except according to
the provisions of Section 41A ( 10) of this by-law.
10. Sales Outlets :
Sales outlets are permitted uses only if accessory and
incidental to a use permitted on the same lot as the sales
outlet and providing the gross floor area of the sales
outlet does not exceed 20% of the gross floor area of the
use to which it is accessory and incidental .
EXPLANATORY NOTE
EXPLANATION OF THE PURPOSE AND EFFECT OF BY-LAW NU14BER 22-82
By-law Number 22-82 changes the land use designation for a parcel
of land located on the north side of Champlain Avenue, east of the
Oshawa-Whitby municipal boundary shown hatched and marked with the
figures "110" encircled from BR to MlX subject to Special
Condition "110" to permit the various industrial and commercial
uses set out in By-law 22-82 subject to the regulations contained
therein.
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DATED March 1st, 1982
. ' I
t, THE CORPORATION OF THE CITY OF OSHAWA
BY-LAW NUMBER
22-82
i
H . J. COUCH
City Solicitor
50 Centre Street South
OSHAWA, Ontario.
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