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PD-95-97
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: PD -95 -97 REPORT Meeting: General Purpose and Administration Committee File # �� V Date: Monday, July 7, 1997 Res. # 7 ,7 Report #: PD -95 -97 File #: DEV 97 -032 By -law #1 Subject: REZONING & SITE PLAN APPLICATIONS APPLICANT: BOWMANVILLE PROFESSIONAL BUILDING LIMITED PT. LOT 10, CONCESSION 1, FORMER TOWN OF BOWMANVILLE 218 KING STREET EAST, BOWMANVILLE FILE: DEV 97 -0:32 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -95 -97 be received; 2. THAT the application to amend the former Town of Newcastle Comprehensive Zoning By -Law 84 -63 submitted by Reg Freethy on behalf of Bowmanville Professional Building Limited be APPROVED subject to the applicant entering into a site plan agreement to the satisfaction of the Municipality; and, 3. THAT the amending By -Law attached hereto be forwarded to Council for approval; 4. THAT a copy of the report and the amending By -Law be forwarded to the Durham Region Planning Department; and, 5. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Bowmanville Professional Building Limited 1.2 Agent: Reg Freethy 1.3 Application: From "Service Station Commercial (C7) Zone" to "General Commercial Exception (C1 -22) Zone" permitting the development of a parking lot to service the medical offices at 222 King Street East. 1.4 Site Area: 0.14 hectares (0.35 acres) 699027 REPORT .D PAGE 2 2.1 The subject lands are located at 218 King Street East, adjacent to the medical offices at the Bowmanville Professional Building at 222 King Street East in Bowmanville. The lands subject to this application total 0.14 hectares (0.35 acres). The property in legal terms is known as Part Lot 10, Concession 1, in the former Town of Bowmanville. 3. BACKGROUND 3.1 On May 9, 1997, Reg Freethy filed an application on behalf of Bowmanville Professional Building Limited with the Municipality of Clarington to amend the former Town of Newcastle Comprehensive Zoning By -Law 84 -63. The purpose of the application is to change the current zoning from "Service Station Commercial (C7) Zone" to permit the development of a parking lot to service the medical offices at 222 King Street East. 3.2 A Public Meeting was held on Monday, June 16, 1997. There were no objections raised at the meeting and one person voiced their support for the proposal. 3.3 4. 4.1 4.2 Staff have had one inquiry from an adjacent landowner. Although the individual did not oppose the proposal, the necessity of the application was questioned. EXISTING AND SURROUNDING USES Existing Uses: Surrounding Uses: Vacant land East: North: West: South: Bowmanville Professional Building Residential Commercial and residential Commercial 699028 REPORT • ■D PAGE 3 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Region Official Plan, the subject lands are designated "Main Central Area ". The Plan permits commercial, residential, office, and institutional uses within these areas. Parking lots are permitted within this area. The application conforms to the Plan. 5.2 Within the Clarington Official Plan, the subject lands are designated "Main Central Area: Strip Commercial Area ". Permitted uses include retail commercial development, offices, places of entertainment, automobile service stations, and community facilities. Parking lots are permitted within this area. The application conforms to the Plan. 6. ZONING BY -LAW CONFORMITY 6.1 The subject lands are currently zoned "Service Station Commercial (C7)" which permits automobile service and gas stations. As the proposed use does not comply with the zoning by -law, an application to rezone the property is warranted. 7. AGENCY COMMENTS 7.1 The application was circulated to solicit comments from other relevant agencies. 7.2 The Clarington Public Works - Engineering Division has no objections to the proposal provided the following requirements are fulfilled: • A 2.38 metre road widening is required along St. George Street; • a 5.0 metre by 5.0 metre sight triangle is required at the intersection of St. George Street and King Street East; • The King Street entrance must be revised to have a maximum width of 9.0 metres. All entrances must be constructed to municipal standards with all 699()29 REPORT O PD-95-97 construction and boulevard restoration costs being borne by the applicant; and, • Application for access to the subject lands must be made in conjunction with this proposal. 7.3 The Clarington Public Works - Parks Division has no objections to this proposal provided that the applicant provide a 2% cash -in -lieu of parkland dedication. 7.4 The Durham Region Planning Department has verbally indicated that they have no objection to the proposal. 7.5 The Durham Regional Public Works Department has no objection to the proposal provided that unused water services abutting the property must be disconnected at the main and plugged. 7.6 Clarington Hydro has indicated no objections to the proposal. 8. STAFF COMMENTS 8.1 The parking lot will provide approximately 35 parking spaces, including handicapped parking, to serve the medical offices at 222 King Street East. The site plan proposes some landscaping islands within the parking lot. Staff will also ensure that the street frontages are appropriately landscaped. 8.2 The zoning proposed for the property permits the development to proceed with a reduced parking space length along a landscaping strip resulting in cars overhanging the curb onto the landscaped area. Staff accepted this reduction on the understanding that the applicant will provide 1.5 metre landscaping strips along the street front portions of the parking lot. 699030 REPORT PD-95-97 •. 8.3 Based on the comments provided in this report, Staff would recommend that this application and the amending By -Law be APPROVED. Prior to construction of the parking lot, the applicant must enter into a site plan agreement with the Municipality. Respectfully submitted, Franklin Wu, M.C.I.P Director of Planning and Development Recommended for presentation to the Committee lld4_j�-,, W.H. Stockwell, Chief Administrative Officer Attachment #1 - Key Map Attachment #2 - Proposed Site Plan Attachment #3 - Amending By -Law Interested parties to be notified of Council and Committee's decision: Charles Cattran c/o Bowmanville Professional Building Limited 222 King Street West Bowmanville, Ontario L1 C 1P6 Reg Freethy 5 Silver Street Bowmanville, Ontario L1 C 3C2 6 9901 ATTACHMENT #1 SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 10 LOT 9 U 2 m N O Q � W 0 w � Z Z i— Y O N UCH ST. V) � w � U Z J � W � KING STREET ST � ooiv z 0 Ld a Q QUEE STREET < — Fi�l FT D BOWMAMAPLE DEV. 97 -032 KEY 699032 ATTA 5m 0 5 15m y vaav m EXISTING 2 — STOREY +mom Wv m. Za BRICK AND FRAME m BUILDING 9�17N /7 NO �2N3� \�h' m m az : • : A : ' u ;�� a°s /\7^ EXISTING DRIVEW UU/- �' �� + M „0�,9Z.g L N —►I 28 ENTRANCE TO REMAIN 13S 9011 J0 S310N) NEW CURBS TO TIE INTO (�L�19 '1SNI ,0701 M,7 1.91N) FUTURE SIDEWALK BY TOWN ST. AA G�O�GE IMENT )o �i �a Q 30 xNx � HI Wn I--, In Z 19 �J O as nl W ry 0_ w w w W Q O Z Q O F- W O w CD Li 0_ Q Z O W ry w S Z O U) V) Z O >Q> LLJ W j.r. freethy architect CLIENT: THE BOWMMILLE PROJECT: 222 KING STREET EAST PROFESSIONAL BUILDING BOWMANVILLE, ONTARIO Do not scale drawings. Work to dlmenstons TITLE: ar"ly, Contracor shall venfy all asure nl E report on y discrepancies la she archi�el; PARTIAL SITE PLAN ur�ents haalleedingewthedhfortycanstru cto, unless signed not sealed by the Consultant. All drawings are the copyright property ( the Architect. ©1997 Boa I jk SCALE: N.T.S. PROJECT No.: DWG, No.: DWG. BY: STAN LEDNOWICz 5 SILVER STREET CHECKED BY: J.R. FREETHY 9625 SK -1 BOWMWLLE ONTARIO STATUS: ISSUED FOR CONSTRUCTION L1 C 3C2 Tel. (805) 623 7476 DATE: MAY 20, 1997 0 699033 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 97- being a By -Law to amend By -Law 84 -63, the Comprehensive 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 Corporation of the former Town of Newcastle in accordance with application DEV 97 -032 to permit a parking area. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5 "Special Exceptions - General Commercial (C) Zone" is hereby amended by adding thereto, the following new Special Exception 16.5.21 as follows: "16.5.21 GENERAL COMMERCIAL EXCEPTION (C1 -21) ZONE: Notwithstanding Section 3.14, those lands zoned (C1 -21) shown on the map contained in Schedule "A" to this By -Law shall, in conjunction with the uses permitted in Section 16.1, only be used and any buildings or structures contained thereon shall only be constructed and used in accordance with the following zone definitions and regulations: a) Definitions i) Landscaping Strip Shall mean an area of land used for any one or more of the planting of trees, shrubs, flowers, grass, or other horticultural elements, such as decorative stonework, fencing, or screening. b) Regulations i) parking space size - 5.2 metres in length by 2.75 metres in width provided that such space is perpendicular to a landscaping strip." 2. Schedule "3" to By -Law 84 -63, as amended, is hereby further amended by changing the zone designation from: "Service Station Commercial (C7) Zone" to "General Commercial Exception (C1 -21) Zone" as shown on the attached Schedule "A" hereto. 3. Schedule "A" 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 rovisions of Section 34 of the Planning Act, R.S.O. 1996. By -Law read a first time this day of 1997. By -Law read a second time this day of 1997. By -Law read a third time and finally passed this day of 1997. MAYOR 6/903LRK 699035 This is Schedule "A" to By —law 97— , passed this day of 1997 A.D. LOT 10 CONCESSION 1 N74'26'30 "E 45.363 M F- r (n M N W (D a0 O O r �n W N Ln Z F_ Z %� N74'26'30 "E 51.282 -. KING STREET EAST ® ZONING CHANGE FROM "C7" TO "Cl-21" 0 5 10 20m 5m 0 Mayor Clerk LOT 10 LOT 9 - U 2 Q Q] J \C7 r- 4! F— U CH ST Z Y Z O J U Z O U w KING S R ET ST -_ z O QUEE I STREET Y _ W Q BOWMANVILLE r__T , FT 699035