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HomeMy WebLinkAboutPD-174-81 .=-siB) J, CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON, ONTARIO 1_0131,10 TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 26, 1981. REPORT NO.: PD-174-81 SUBJECT: By-law Number 58-81, The Corporation of the City of Oshawa. Recommendation: It is respectfully recommended that the General Purpose and Administrative Committee recommend to Council the following:- 1. By-law Number 58-81 of the City of Oshawa be received and filed. Background and Comment: By-law Number 58-81 of the City of Oshawa was forwarded to the Planning and Development Department on October 7, 1981. The By-law rezones two (2) parcels of land, one fronting on Front Street and bounded by Howard Street on the east, the other situated at the south-west corner of Albany Street, Front Street and Albert Street, within the limits of the City of Oshawa. The By-law would permit a supermarket and retail food terminal together with personal service shops, restaurants, a museum, railway facilities, warehouse storage and shipping facilities accessory to the supermarket, to be located on the first site. The second site will comprise of a site equip- ment and machinery maintenance and repair facilities, parking and employee facilities, ancillary to the facilities on the first site. ti 2 - Report No. PD-174-81 The subject parcel is located in an area of the City of Oshawa which would not affect the interests of the Town of Newcastle. Therefore, no action of the rezoning by-law is required. The last date for filing objections was October 23, 1981. Respectful-l-y7ts bmmf tamed, i T. T. Edwards, M.C.I.P., Deputy Director of Planning. EP:cc October 8, 1981 ky NOTICE OF APPLICATION TO THE ONTARIO MUNICIPAL BOARD Y-TH-F ---' ^ CORPORATION OF THE CITY OF 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 Number 58-81 passed on the 15th day of June 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 IN`T'ERESTED 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 �mho 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 LAY FOR FILING OBJECTIONS WILL BE OCTOBER 23RD 1981 . DATED AT THE CITY OF OSHAWA THIS 2ND DAY OF OCTOBER 1981 R.A. HENDERSON, CITY CLERK 50 CENTRE STREET SOUTH OSHAWA, ONTARIO. -sta) BY-LAW NUMBER 58-Sl 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 tliereof as follows : 1. By-law Number 3415 as amended be and the same is hereby further amended by amending Schedule "A" thereof by adding Special Condition 105 as set out in Schedule "B" to this by-law. 2. Sheet Number 9 of Appendix "A" to By-Law Number 3415, as amended, is hereby further amended by changing the land use designation for two parcels of land, the first, abutted on the north by the Canadian Pacific Railway main line and bounded by Howard Street on the east and Front Street on the west, hereinafter called Site A, the second, situated at the south-west corner of Albany Street and Front Street and extending along Albany Street to Albert Street and having an irregular south boundary, hereinafter called Site B, both from m-113 to c:-1 subject to Special Condition "105" as shown on the revised Sheet Number 9 attached hereto as Schedule "A" so that Sheet Number 9 shall be amended as shown on the revised Sheet Number 9 attached hereto as Schedule "A" . 3. Schedules "A" "B" and "C" attached hereto form part of this by-law, and Schedule "C" shall form Appendix "A" to Special Condition 105. 4. The lands made subject to Special Condition Number 105 are hereby declared to be a site plan control area within the meaning of subsection 2 of Section 35a of The Planning Act R. S.O. c. 349, as amended. 2 - S. 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 paragraphs 1 to 3 shall take effect from the date of its passing. By-law read a first time this 15th day of June .1981 By-law read a second time this 15th day of Jtule 1981 By-law read a third time and finally passed this 15th day of June 1981 MAYOR CLERK SCHLDULE "A" TO BY—LAW S8-31 PASSED. THIS 1Sth DAY OF J 1981 MAYOR / CLERK CANADIAN PACIFIC RAILWAY - _�N72°49'40"E 2x0.426 r / j EDI4ARD AVE. N72°49'50"E •'O z / 7 -x07 # M- t B TO / ALBANY ST. n C-1 105 0 �M-16 TO = /N 2°35.40"E N17-43'00-982 / 59.982 /C-( IDrj / 4•I70 ., co 38•188 �I /o Tr m _ N17°39'00"W �_ " 3 BEATTY AVE. 57- 80 // N73°19'30"E !33.092 Z N 72°50.10"E 237.357 Q 0 I U 0 SEE SHEE 5 i '-ca-•.iT.7�c-r-3�c=�Zy�.,-F t- 1,�F s 1, _ �.T�.�r*x"•��_ I`c r n Sr C-2 I1': {_(��.ic z l R-2B r_J ���( : �:Y-/D�R-3. }PEy � f♦t_ -� t R_2B F I C �R-4 ti " eII Ik I V. m ,1 C �3 R-1i lR 3 -J R 2 ° m. © •Q) T. pI R_.3-.•� -,c_n '�' /r^7�;^7 •c�l :N�.N — — V SEE SHEET 8 R-IA [ wr• R �:. I /D'(, r_Yr_�� 0_'Q�; ��3=s1j1�— � � ZLJ R-EDt SEE SHEET 10 I c3 I 1 V (j_ �'I l�-R'-/>!+ ;• C_1 j �/ �_J.`l�s° IOZ 9-5 1 R- C6/D R-3 P-26 Yi ,a R-21 A G V T '� ��06� Q�� ---+ _ E' R-,3 1'- �Y R-LA 1--A R_ I �R--r• � �( /B �E�� E- ..Yr ATLS• R-1w 11 t1 C31' R-2A R ZA F� 1 c R-18 R-2A 1;)u't:`L-,{ pt /� 2B ,1,i4 R-/B �R-2A R-3 �'��:;� YA � I. 1.c, s• � •�_ ' 1 i R-2A��: �„ j _J L_ !=gin n,1 >;;aa_-�If` QZ oz) .� _lam' L R-2B R-2A . 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LEGEND 4fi^" City of Osho.v0 Z L10 ZONING MAP sheet 9 of i5 sneers SCHEDULE "B" TO BY-LAW NUMBER 58-81 PASSED THIS 15th DAY OF June 1981 MAYOR CLERK SPECIAL CONDITION 105 Two parcels of land one abutted by the Canadian Pacific Railway main line on the north hereinafter called "Site A" to this Special Condition and a second parcel irregular in shape situated at the southwest corner of Albany Street and Front Street extending along Albany Street to Albert Street hereinafter called "Site B" (the detail of Site A and Site B are shown on Appendix "A" to this Special Condition) both shown on Schedule "A" hatched and marked C-1 with the figures "105" encircled shall be subject to the special regulations hereinafter contained and where there is any conflict between the regulations hereinafter set out and any other provisions of By-law 3415 and 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 shall apply: 1 . 1. Defined Area: The two areas subject to this Special Condition are shown on Sheet 9 of Schedule "A" to By-law 3415, outlined with a heavy line and hatched with the figures "105" encircled and are also shown on Appendix "A" to this special condition. 1 . 2. Definitions : For the purpose of the interpretation of the various provisions set forth in this by-law, the following definitions shall apply: PAGE TWO OF SCHEDULE "B" 1 .2.1 "Supermarket and Retail Food Terminal" means a building wherein produce and foodstuffs are displayed, offered or kept for sale at retail and which includes facilities for the storage, warehousing and transhipment of such produce and foodstuffs wherein all retail and storage operations are carried on within the confines of a building --or part of a building which exceeds 7, 000 m2 in total floor area. 1 .2.2 "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 . 3 "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 , and depots for collecting and distributing dry cleaning and laundry. 1 .2 .4 "Restaurant" means a building or 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 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 . PAGE FOUR OF SCHEDULE "B" Site B: The land comprising Site "B" shall not be used for any purpose except one or more of the following uses: (a) equipment and machinery maintenance ,in.i repair shop ancillary to the adjacent . supermarket and retail food terminal (b) employee facilities including staff parking ancillary to the supermarket and retail food terminal permitted on Site "A" 1.4 Permitted Buildings and Facilities . Site A: The following buildings shall be permitted on Site "A" . Buildings having a maximum total floor area of no more than �23, 950 m2 made up partially of the floor areas set out in (a) and (b) . (a) The maximum total floor area of all retail and personal service floor space shall not exceed 12, 500 m2. (b) The maximum total floor area of all warehouse and shipping facilities shall not exceed 10, 055 m2. PAGE FIVE OF SCHEDULE "B" Site B. The following building shall be 'permitted on Site "B" One building having a maximum total ground floor area of no more than 1200 m2 . 1.5 Off Street Parking: Site A: Off Street parking for Site "A" shall be provided in accordance with the following schedule: Minimum Number of Parking Spaces Use or Purpose: Required Retail and Personal 1 Parking space for Service Floor Space each 24m2 of total floor area. Warehouse and Shipping 1 parking space for Facilities each 45 m2 of total floor area. Uses other than those 1 parking space for listed above each 28 m2 of total floor area. Notwithstanding the above provisions the minimum number of parking spaces situated on Site A shall not be less than 800 spaces . T9 fig) PAGE SIX OF SCHEDULE "B" Site B: The minimum number of parking spaces provided on Site B shall be not less than 100 spaces . 1 . 6 Parking Space and Driveway Aisle Dimensions : The dimensions of all parking spaces and driving aisles for both Site A and Site B shall be totally in accordance with either Option A or Option B for all parking provided in the sites . OPTION A OPTION B Minimum width of Driving Aisle 6. 70 7. 20 Minimum width of Parking Space 3 .00 2. 70 Minimum Length of Parking Space 5. 75 5. 75 1. 7 . Outside Storage: No outside storage of goods, materials or machinery shall be permitted except that bulk refuse containers may be located on the lot provided the location where such containers, are stored is suitably screened. SCHEDULE "C" TO BY-LAW NCINIBER 58-81 PASSED THIS 15th DAY OF June 1981 MAYOR CI KIRK APPENDIX �A! special condition 105 CANADIAN PACIFIC RAILWAY EbWARD AV E. x o D O -ALBANY STREET D .a.o. SITE"B" SITE "A" o _ N CA _ m -i m • BEATTY IL . 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 58-81 By-law Number 58-81 changes the land use designation for two parcels of land, the first, abutted on the north by the Canadian Pacific Railway main line and bounded by Howard Street on the east and Front Street on the west, and the second, situated at the south-west corner of Albany Street and Front Street and extending along Albany Street to Albert Street and having an irregular south boundary, both from M-1B to C-1 subject to Special Condition "105" as shown on the revised Sheet Number 9 attached as Schedule "A" to by-law 58-81 to permit on the first site a supermarket and retail food terminal together with secondary facilities such as personal service shops , restaurants, a museum, railway facilities and warehouse storage and shipping facilities accessory to the supermarket and retail food terminal, and to permit on the second site equipment and machinery maintenance and repair facilities, parking and employee facilities ancillary to the facilities on the first site . PAGE THREE OF SCHEDULE "B" 1. 2. 5 "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, areas occupied by stairwells or elevators , and covered mall areas not used as retail sale floor area. 1. 3 Permitted Uses: Site A: The land comprising Site "A" shall not be used for any purpose except one or more of the following uses : (a) Supermarket and retail food terminal (b) retail store (c) personal service shop (d) restaurant (e) museum (f) railway facilities (g) storage warehouse and shipping facilities accessory to a supermarket and retail food terminal (h) any accessory use.