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HomeMy WebLinkAboutPD-81-82 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON, ONTARIO L081J0 TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MAY 17th, 1982 REPORT NO. : PD-81-82 SUBJECT: BY-LA14 NUMBER 45-82: THE CORPORATION OF THE CITY OF OSHAWA I RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-81-82 be received; and 2. That By-law Number 45-82 of the Corporation of the City of Oshawa be received and filed. BACKGROUND AND COMMENT: By-law Number 45-82 of the City of Oshawa was forwarded to the Planning Department on April 27, 1982. The subject By-law rezones a parcel of land on the west side of Stevenson Road South, north of Montcalm Avenue, within the City of Oshawa. The proposed By-law amendment would change the zoning of the subject property from "R-2A" and "R-2B" to "C3-Special Condition 115" in order to permit the use of this site as a restaurant. I i r Report No: PD-81-82 . . ./2 The subject property is located within an area of Oshawa which would not have an effect on the Town of Newcastle. In that regard, no further action on this By-law will be required. However, the last date for filing objections was May 13, 1982. Respectfylly .submitted, T. T. Edwards, M.C. I.P. Director of Planning EP*TTE*mjc April 28, 1982 C_ NOTICE OF APPLICATION TO THE ONTARIO MUNICIPAL BOARD BY THE / C 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 1 TAKE NOTICE that the Council of The Corporation of the City' of Oshawa intends to i j apply to The Ontario Municipal Board pursuant to the provisions of Section 39 of f The Planning Act , for approval of By-law Number 45-82 passed on the 5th day of 1 April 1982. A copy of the by-law is furnished herewith. A note giving an i explanation of the purpose and effect of the by-law and stating the lands affected ' thereby is also furnished herewith. i ! 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 7 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 app�lication 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 !I! giving the name and address to which such notice should be given. i j 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. i Notice of any hearing that may be held will be given only to persons who have I � 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 MAY 13TH 1982 i D AT THE CITY OF OSHAWA THIS 22ND DAY OF APRIL 1982 ! !'t 1` ! ti R.A. HENDERSON, CITY CLERK i 50 CENTRE STREET SOUTH APH OSHAWA, ONTARIO, p BY-LAW NU11BER 45_82 OF I THE CORPORATION OF THE CITY OF OSHAWA beinq a by-law to further amend By-law Number 3415 of the City of Oshawa. I f BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law 1 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 addinq Special Condition 115 as set out in Schedule "B" to this by-law. , x 2. Sheet Number 8 of Appendix "A" to Tay-Law Number 3415, as { amended, is hereby further amended by changinq the land use designation for a parcel of land situated on the west side of Stevenson Road South approximately 35 metres north of Hontcalm Avenue, having approximately 20 metres of frontage on Stevenson Road South and a depth of approximately 90 metres as shown on the revised Sheet Number 8 attached hereto as Schedule"A" from R-2A and R-2B to C-3 subject to the provisions of Special Condition i "115" so that Sheet Number 8 shall be amended as shown on the revised Sheet Number 8 attached hereto as Schedule I i 3. Schedules "A" and "B" attached hereto form part of this by-law. i i i i f i 4. The lands made subject to Special Condition Number 115 k are hereby declared to he a site plan control area within the meaninq of subsection 2 of Section 40 of The Planninq Act R.S.O. 1980 c. 379. I i I I f. I C -2- \� I � t I I j I 5. Paragraph 4 of this by-law shall take effect from the date of passinq of this by-law. No other part of this by-law shall come into force without the approval of the Ontario I I I Municipal Board but subject thereto this by-law shall take effect ! from the date of its passing. V i I ' i i By-law read a first time this 5th day of April 1982. i � � r By-law read a second time this 5th day of April 1982. By-law read a third time and finally passed I this 5th day of April 1982, C E MAYOR CLERK (, w i ,4 !f I t I i f � j i i i I i I v r I I I j ' r I I .. I f / | SCUCNU.K "8" ?n 11Y-|JVW M|MxEu 4�-82 / / . pxSSCn THIS 5TH DAY OF Y | i | xaYon . SEE SHEET 4 | ti- ER-3 | / / | ! � ` / / SHEET . � � / t cQ i ' ~ ck . | 3R R-2A - | | � � � � | . | | i | | ' i 41 8 "45 72 Montcalm Ave. � | / ( { � � � � } � ' � / � � / � ( � ° . i E i SCHEDULE "B" TO BY-LAW NUMBER 45-82 PASSED THIS 5th DAY OF April 1982 MAYOR CLERK { i r i I , SPECIAL CONDITION 115 f A parcel of land located on the west side of Stevenson Road i i j South approximately 35 metres north of Montcalm Avenue, as f j shown on Schedule "A" hatched and marked C-3 with the figures "115" 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 I definitions shall apply, but in the event that this Special j Condition is silent on any matter, the provisions and definitions applicable to a C-3 use district and By-law Number 55-73 shall apply: e 1.1. Defined Area: i The area subject to this Special Condition is shown on Schedule "A" hereto, outlined with a heavy line and hatched with the fiqures "115" encircled, j PACE Two OF SCHEDULE "R" I i ' 1.2. Definitions: I i For the purpose of the interpretation of various I provisions set forth in this by-law, the following definition shall apply. I 1.2.1 "Restaurant" means a building or part of a i building where food and beverages are prepared j { 3 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 i provide customers with a take-out service of 1 food and beverages for consumption off the I premises. i 1.3. Permitted Uses: I i The land subject to this special condition shall not be used for any purpose except a restaurant, which includes any accessory uses thereto. i 1.4. Permitted Buildings: j l ' One single storey buildinq having a maximum buildinq j area of 300 m2 is permitted. 3 { i i I i dc, l EXPLANATORY NOTE j I I , I EXPLANATION OF THE PURPOSE AND EFFECT OF BY-LAW NUMBER 45-82. � 1 By-law Number 45-82 changes the land use designation for a parcel of land on the west side of Stevenson Road South approximately 35 metres north of Montcalm Avenue from R-2A and R-2B to C-3 subject to Special Condition 115 so as to permit a sinqle storey building having a building area of no more than 300 m2 to be used for the i purpose of operating a restaurant. I f i i t 1 i I , I I I k 1 � I ti i I I � 1 i � I � I , i 4 1 I . I I I i