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HomeMy WebLinkAboutPD-11-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ON: KUFif2.GPA REPORT Meeting: General Purpose and Administration Committee Date: Monday, January 22, 1996 Report #: PD -11 -96 File #: DEV 95 -059 Subject: 7 <i File# ��% Res. By -law # REZONING AND SITE PLAN AMENDMENT APPLICATION (REVISED) 96 KING STREET EAST, BOWMANVILLE 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 -11 -96 be received; 2. THAT the revised application submitted by Erwin Kurtz requesting a zoning amendment and site plan approval be DENIED; and, 3. THAT the interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Erwin Kurtz 1.2 Agent: Reg Freethy 1.3 Zoning: From Service Station Commercial (C7) to an appropriate zone to permit the renovation and the expansion of the existing building to provide for a total of 240 square metres of commercial floor space. 1.4 Area: 2039.6 square metres (.503 acres) 2. BACKGROUND 2.1 The subject lands are located at the north -west corner of King and George Streets (as shown on Attachment #1) and were occupied by a Sunoco gas station until the mid to late 1980's. The property has not been actively used for some period of time and staff 1202 REPORT • PAGE 2 have met with several companies in the past inquiring as to the development potential of the site. 2.2 In April of 1995, staff met with Mr. Kurtz and confirmed that the current zoning on the site allowed for the use of the existing structure as a motor vehicle service station or a motor vehicle fuel bar. 2.3 Subsequently, Mr. Kurtz returned in May of 1995 and inquired as to the possibility of developing the site with a restaurant or donut shop. Staff advised Mr. Kurtz that such a proposal would require both a site plan approval application and a zoning amendment application. In addition, staff advised Mr. Kurtz that the site would have to incorporate street front oriented design principles. 2.4 In August of 1995, Mr. Kurtz submitted an application for both site plan approval and an amendment to the zoning by -law. The application is proposing an expansion to and renovation of the existing building to provide 240 square metres of commercial floor space. The proposal does not incorporate street front oriented design principles. 2.5 A Public Meeting was held on October 2, 1995 at which time both the applicant and his agent addressed Committee. In addition, concerns were expressed before Committee by an area merchant regarding the approval of the application on the basis of competition and the corresponding reduction in market share. 2.6 In Staff Report PD- 104 -95, a recommendation of denial without prejudice was forwarded and this recommendation was endorsed by both Committee and Council. The applicant subsequently referred the applications to the Ontario Municipal Board in November of 1995. 2.7 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. REPORT .D 3.1 Within the Durham Regional Official Plan the subject property is located within the Main Central Area of the Bowmanville Major Urban Area. Main Central Areas are intended to be the main concentration of urban activities providing a fully integrated array of community, office, service and shopping and residential uses. The proposed use is permissable. 3.2 However, it is questionable whether the related site plan application can be supported by the Regional Official Plan. Section 9.2.2 c) of the Regional Official Plan states that Central Areas shall be developed in accordance with the following: • 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. Staff have reviewed the provisions and are of the opinion that it is possible to achieve the objectives of Section 9.2.2 c) given the fact that the property is a corner lot accessible via George Street. The Regional Planning Department has advised that the local municipality shall determine the appropriateness of Section 9.2.2 c). 3.3 Within the Official Plan of the former Town of Newcastle, the subject property is designated Commercial on the Main Central Area Land Use Structure Plan, Schedule 7- 2. Section 7.2.5.2. i) e) i) states that the predominant use of land designated Commercial shall be retail, business office and personal service uses. Therefore, the application appears to conform with the intent of the Official Plan for the former Town of Newcastle. 4. ZONING BY -LAW COMPLIANCE 4.1 Within Comprehensive Zoning By -law 84 -63, as amended, of the former Town of Newcastle, the subject property is zoned Service Station Commercial (C7). The zoning would permit the development of a motor vehicle fuel bar or a motor vehicle service M REPORT PAGE 4 station. As the applicant intends to renovate and expand the existing structure to provide 240 square metres of retail commercial floor space, the applicant has applied to amend the zoning by -law. i =I Im IWAOT01 ll 5.1 In accordance with departmental procedures, the revised application was circulated. However, due to the relatively minor nature of the revisions the application was circulated only to the Public Works Department who advised that their previous comments were still applicable. 5.2 Previous comments from the Public Works Department indicated that they have no objection to the proposal. However, the applicant will have to provide more detailed drawings for site plan approval which would incorporate, among other matters: • a grading /drainage plan; • the elimination of the southernmost entrance onto George Street, and • the provision of a 5.0 metre by 5.0 metre sight triangle at the intersection of King and George Streets. 6.1 The subject property is located within the Main Central Area in both the Regional Official Plan and the Official Plan for the former Town of Newcastle. The Main Central Area is intended to be developed as the main concentration of urban activity. 6.2 In addition, the surrounding area can be described as the "traditional" downtown of Bowmanville. Therefore, the proposed use of the property for retail or restaurant is consistent with the policies of the Regional Official Plan, the Municipal Official Plan and the surrounding area. REPORT • •) PAGE 5 6.3 However, as previously noted the siting of the building is not consistent with existing commercial developments in the historical downtown where buildings are street front oriented. 6.4 The applicant has made some revisions and improvements to the previous site plan. However, the location of the building remains unchanged. Although staff are encouraged by some of the changes, 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. 6.5 Finally, staff note and highlight for the Committee's information, that the Public Works Department has reconfirmed that the southerly entrance from George Street must be removed before site plan approval could be issued. 7. CONCLUSION 7.1 In consideration of the comments contained within this report staff cannot support the proposal as submitted and recommend that the application be DENIED. 7.2 In the event Committee and Council opt to approve the application, staff suggest the following resolutions. THAT the rezoning application submitted by Reg Freethy on behalf of Erwin Kurtz be approved to change the zoning at the former Sunoco gas station site based upon the proposed site plan as attached to Staff Report PD -11 -96 at 96 King Street East, Bowmanville from Service Station Commercial (C7) to Holding - General Commercial ((H)C1); THAT the Holding (H) symbol be lifted upon the applicant entering into a site plan agreement with the Municipality, and meeting all the requirements of the Municipality, financial or otherwise. REPORT O • 1 PAGE 6 Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stoc Director of Planning Chief Administrative and Development Officer WM *FW *df 15 January 1996 Attachment #1 - Key Map Attachment #2 - Original Site Plan Attachment #3 - Revised Site Plan Interested Parties to be notified of Council's and Committee's decision: Erwin Kurtz 185 Ridge Row Aurora, Ontario. L4G 3G8 Reg Freethy 5 Silver Street Bowmanville, Ontario. L1 C 3C2 Dan Holkema Skylight Donuts R.R. #2 Bowmanville, Ontario. L1 C 3K3 Bowmanville Business Centre P.O. Box 365 Bowmanville, Ontario. L1 C 31-1 1207 1208 ATTACHMENT .« A�9 \ § | § I.-OrtUr. _ � \$■ ƒ 3 » —� »© � •© | \§ § § ) \ lit _-_ 1210 f | | 7 7 k k Vila , z lit _-_ 1210 f |