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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, June 19, 2006
Report #: PSD-071-06
File #: ZBA 2006-0014
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Subject:
REZONING TO PERMIT A CONVENIENCE STORE WITHIN AN EXISTING
BUILDING
APPLICANT: GILL SISTERS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-071-06 be received;
2. THAT the application to amend Zoning By-law submitted by Gill Sisters Limited be
APPROVED and that the attached Zoning By-law Amendment be adopted by Council;
and,
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Da Id J. rome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by:
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Franklin Wu,
Chief Administrative Officer
BH/CS/DJC/df
6 June 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-071-06
PAGE 2
1.0
1.1
APPLICATION DETAILS
Owner:
Gill Sisters Limited.
1.2 Rezoning: from "General Commercial Exception Zone (C1-30)" to include a
convenience store in addition to permitted general commercial uses.
1.3 Location: 210 King Street East, Bowmanville
Part Lot 10, Concession 1, former Town of Bowmanville
2.0 BACKGROUND
2.1 On April 26, 2006, the Planning Services Department received a rezoning application to
include a convenience store as a permitted general commercial use within the existing
building. The current commercial uses are a video rental, a personal service shop and
a financial institution.
2.2 In 1990 The Municipality granted site plan approval for the construction of a three
residential storey building with a retail component. The site is serviced by municipal
water and sewers.
3.0 PUBLIC NOTICE AND SUBMISSIONS
3.1 Public notice was given by mail to each landowner within 120 metres of the subject
property and a public notice sign was installed on the King Street frontage.
3.2 As of the writing of this report, staff has not received any objections to the proposal.
4.0 LAND CHARACTERISTICS AND SURROUNDING AREAS
4.1 Located on the north side of King Street East, the lands are occupied by a 3 storey
1692m2 building. The building contains 579.2m2 of retail area and 14 residential units.
The lands are relatively level with no significant environmental features close to the site.
No changes to the site or building are proposed.
4.2 Surrounding Uses:
North:
East:
South:
West:
Residential (single detached)
Street Related General Commercial Area
Street Related General Commercial Area
Street Related General Commercial Area
REPORT NO.: PSD-071-06
PAGE 3
5.0 PROVINCIAL POLICY STATEMENT
5.1 The Provincial Policy Statement identifies settlement areas as the focus of growth and
their vitality and regeneration should be promoted. Including the convenience store is
consistent with the Provincial Policy Statement.
6.0 OFFICIAL PLAN CONFORMITY
6.1 The Durham Region Official Plan designates the subject property Main Central Area.
This designation is to provide an array of shopping and residential uses. This proposal
for a convenience store is consistent with the Regional Official Plan.
6.2 The subject property is designated as a Town Centre under the Clarington Official Plan.
These areas are to provide a diverse mix of uses and particularly redevelopment is
encouraged to provide a full range of choice in goods and services for local residents
and business.
6.3 The Bowmanville East Main Central Area Secondary Plan Designates the property
Street Related Commercial Area which permits retail uses.
7.0 ZONING BY-LAW CONFORMITY
7.1 The property is zoned "General Commercial Zone (C1-30)" which does not permit a
convenience store, gas station, or car wash, hence the subject application.
8.0 AGENCY COMMENTS
8.1 In consideration of the nature of the application to allow a convenience store as a
permitted use, the application was circulated to a limited number of agencies.
8.2 Clarington Engineering, Clarington Building, and Durham Region Planning Department
all advised verbally or in writing that they had no obiection to the proposed zoning
amendment.
9.0 STAFF COMMENTS
9.1 The applicant is not proposing any work or construction that would require an
amendment to the site plan. The applicant will have to apply for a building permit if any
interior renovations are required.
9.2 The convenience store will not require additional parking spaces. Adequate parking is
provided on-site.
REPORT NO.: PSD-071-06
PAGE 4
9.3 No additional traffic congestion or traffic hazards are anticipated due to the proposed
development.
1 0.0 RECOMMENDATIONS
10.1 Based on the comments in this report, it is respectfully recommended that the rezoning
application submitted by Jaswinder Gill on behalf of Gill Sisters Limited be APPROVED
and that the attached Zoning By-law be amendment be forwarded for adoption by
Council.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Zoning By-Law
List of interested parties to be advised of Council's decision:
Jaswinder S. Gill
Attachment 1
To Report PSD-071-06
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Attachment 2
To Report PSD-071-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to amend By-law 84-63, as amended, of the former Town of Newcastle in accordance with
applications ZBA 2006-0014 to permit a convenience as a permitted use;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. By adding a new Section 16.5.50 respecting lands zoned C1-50, as follows:
"16.5.50 GENERAL COMMERCIAL EXCEPTION (C1-50) ZONE
Notwithstanding Section 16.1(b), those lands zoned C1-50 on the Schedules to this By-
law may, in addition to the other uses permitted in the C1 zone, be used for a
convenience store",
2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the
zone designation from: "General Commercial (C1) Zone", to "General Commercial
Exception (C1-50) Zone" as illustrated on the attached Schedule "A" hereto.
3. Attachment "An attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY-LAW read a first time this
day of
2006
BY-LAW read a second time this
day of
2006
BY-LAW read a third time and finally passed this
day of
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2006-
passed this day of ~ 2006 A.D.
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40.23m N74" 33' 30"E
fZZZZ] Zoning Change From "C1-30" To "C1-50"
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
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