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HomeMy WebLinkAboutPD-53-96DN: KURTZ.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT g: General Purpose and Administration Committees =; Meetin G p File Date: Monday April 22, 1996 Res. Report #: PD -53 -96 File #: By -law # Subject: ONTARIO MUNICIPAL BOARD HEARING - ERWIN KURTZ PART OF LOTS 11 & 12, CONCESSION 1, FORMER TOWN OF BOWMANVILLE (96 KING STREET EAST) - FILE: DEV 95 -059 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -53 -96 be received for information. 1. BACKGROUND: 1.1 In August of 1995, the Municipality of Clarington Planning and Development Department received an application for both site plan approval and an amendment to the zoning by -law on the subject lands at 96 King Street East in Bowmanville. The application is proposing to amend Comprehensive Zoning By- law 84 -63 of the former Town of Newcastle in order to allow the expansion and renovation of the existing motor vehicle fuel bar into a restaurant. 1.2 On October 2, 1995 and October 16, 1995, staff presented Report PD- 104 -95 and an addendum to Report PD- 104 -95, both of which recommended that the application be denied. On October 16, 1995, Council resolved to deny the application, although the resolution would allow the application to be reactivated without additional fees if the site plan were revised within six (6) months of Council's decision. 2 _ 501 REPORT • -D PAGE 2 1.3 In December of 1995, staff met with Mr. Kurtz and his agent who submitted revised site plan approval drawings and requested the application be brought back to Committee and Council. 1.4 On January 22, 1996, staff presented Report PD -11 -96 to the General Purpose and Administration Committee. Although staff were encouraged by some of the changes, the revisions on their own merits were not sufficient to cause staff to alter their previous position. 1.5 The General Purpose and Administration Committee in their review of Report PD- 11 -96 recommended approval of the rezoning application. Council adopted the Committee's recommendation and a by -law was passed on February 12, 1996. By -law 96 -045 provides a zone category which would facilitate the applicant's desire to renovate and expand the existing building into a restaurant. 1.6 On March 11, 1996, the Clerk's Department received an appeal of By -law 96 -045 by an area resident. A copy of the appeal is attached hereto for your information. The appeal was in turn forwarded to the Ontario Municipal Board and a hearing date will be scheduled in the future. 1.7 In consideration of staff's recommendation to Committee and Council, staff will not be in a position to attend the hearing in support of the By -law and in fact, would not participate in the hearing unless being summoned to appear as a witness. Should Council wish to be represented at the Board Hearing to defend By -law 96 -045, Council may direct that a Planning Consultant and Solicitor be retained. The cost of legal and planning consultant fees for the hearing is estimated to be $20,000.00 which has not been accounted for in the 1996 Budget. ...3 502 REPORT NO.: PD -53 -96 Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development WM *FW *Jip Attachment #1 - Key Map Attachment #2 - Copy of Appeal Notice April 10, 1996 Reviewed by, W. H. Stockwell Chief Administrative Officer 503 I LOT 12 I LL f ATTACHMENT #1 LOT 11 L DEV. 95 -059 54 z O m Cn W U Z 0 U e March 8, 1996 Patti L. Barrie, Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario, L1C 3A6 Re: Clerk's File No. D14.DEV.95.059 ATTACHMENT #2 4 C� Mr. Peter logo 30 Penfound Drive Bowmanville, Ont L1C 3K1 Phone: 623 -9666 t , p MAR 1 1 1896 MUNICIPALITY OF CLARINGTON PLANNING DEPARTMENT Dear Madam: This is to provide formal notice that I wish to file a notice of appeal to the Ontario Municipal Board regarding the passing of Clarington By -law 96 -45. The reasons for my objection are as follows: a) The "drive -thru" aspect of the plan does not consider the hazard to both motorists travelling east on King Street, and pedestrians walking eastward on the north sidewalk of King Street. I believe that the hazard is due to the existing wall abutting the western edge of the site. This wall will act as a 'blind spot' to automobiles exiting the drive -thru in a southerly direction, and to the above mentioned motorists and pedestrians. Automobiles exiting the drive -thru could create a danger to eastward bound persons as neither the exiting vehicle nor an eastbound vehicle or pedestrian would see each other until the vehicle exiting the drive -thru was about to pass over the sidewalk. This situation could be particularly hazardous to sidewalk users such as persons pushing baby carriages and to persons utilizing handicap 'scooters' and similar devices. b) It is questionable whether the related site plan is supported by the Regional Official Plan. Sec. 9.2.2 c) of the Regional Official Plan states that Central Areas shall be developed "with direct street pedestrian access to buildings, and the provision of potential transit and parking areas sited at the rear or within buildings, wherever possible." cont ... Patti Barrie ... page 2 c) Other recent commercial construction in the area has complied with the requirement mentioned in item b) above. This By -law has created an exemption for the applicant. d) The January 22, 1996 report from the Planning Department (# PD- 11 -96) recommended a denial of the application for the second time. This was following an initial denial in their October 2, 1995 report ( #PD- 104 -95.) The second plan submitted by the applicant did not fully address the Planning Department's concerns expressed in the latter report. The Planning Department report stated that, "...the revisions on their own merits are not sufficient to cause staff to alter their previous position. Staff remain of the opinion that the application is a suburban type development that conflicts with the existing built environment of the historic downtown." e) Finally, staff report # PD -11 -96 advised that the Public Works Department has re- confirmed that the southerly entrance from George Street must be removed before site plan approval could be issued. The revised plan continues to incorporate this southerly entrance. Please advise if you require any further information regarding my appeal. Thank you for your attention to this matter. Sincerely, Peter Le 506 ACK. DY .... _ ..... J_. of