HomeMy WebLinkAboutPD-107-94Meeting: General Purpose and Administration Committee File # Pk l,V
Date: Tuesday, September 6, 1994
Report #: PD- 107 -94 File #: DEV 94 -038 By -Law #
REZONING APPLICATION - M.P.N. PROPERTIES
Subject: PART LOTS 11 & 12, CONCESSION 11 FORMER TOWN OF BOWMANVILLE
FILE: DEV 94 -038
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 107 -94 be received;
2. THAT the application to amend Comprehensive Zoning By -Law 84-
63 of the former Town of Newcastle submitted by Gerald Barrack
on behalf of M.P.N. Properties be referred back to Staff for
further processing and preparation of a report; and,
3. THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: M.P.N. Properties
1.2 Agent: Gerald Barrack
1.3 Rezoning: To rezone an existing 736.2 m2 commercial unit
from "General Commercial Exception (C1 -4)" to
an appropriate zone exempting the proposed use
from providing forty nine (49) additional
parking space requirements.
1.4 Proposal: To develop a restaurant, tavern and place of
entertainment in an existing 736.2 m2
commercial unit.
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P PER
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THIS B PRIt"D G1 RECYCLED PACER
REPORT NO. PD- 107 -94 PAGE 2
2. LOCATION
2.1 The subject lands are located within an existing commercial
development at 77 King Street East in Bowmanville across from
the Veltri complex. The property in legal terms is known as
Part Lots 11 & 12, Concession 1 in the former Town of
Bowmanville.
3. BACKGROUND
3.1 On July 13, 1994, Gerald Barrack filed an application on
behalf of M.P.N. Properties to amend Comprehensive Zoning By-
Law 84 -63 of the former Town of Newcastle. The purpose of the
application is to change the current zoning of an existing
736.2 mZ commercial unit from "General Commercial Exception
(C1 -4) " to an appropriate zone exempting the proposed use from
providing any additional parking space requirements.
3.2 The Public Notice which was mailed out also indicated that the
applicant was seeking relief from additional loading space
requirements. A closer examination of the proposal revealed
that sufficient loading spaces are available for the
development.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Commercial development
4.2 Surrounding Uses:
East: Commercial and institutional
North: Commercial and vacant commercial lands
West: commercial
South: Mixed commercial /residential
S. OFFICIAL PLAN POLICIES
5.1 Within the existing 1991 Durham Region Official Plan, the
subject lands are designated "Main Central Area ". These areas
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X14
REPORT NO. PD- 107 -94 PAGE 3
contain the main concentrations of urban activities including
commercial, residential, office, community and recreational
uses. The application appears to conform with these policies.
5.2 The subject lands are designated "Main Central Area -
Commercial" within the Official Plan of the former Town of
Newcastle. The function of this area is to accommodate
retail, business, office and personal service activities. The
application appears to conform to these policies.
6. ZONING BY -LAW CONFORMITY
6.1 The subject lands are currently zoned "General Commercial
Exception (Cl -4)" under Comprehensive Zoning By -Law 84 -63 of
the former Town of Newcastle. The proposal contains a
restaurant, tavern and place of entertainment on the main
f loor with tavern and place of entertainment components in the
basement. Although the proposed uses are permitted within the
zone, the existing number of on -site parking spaces are
insufficient to accommodate these uses. The existing plaza
required a total of 51 parking spaces with approximately 14
parking spaces being reserved for the main floor of the
subject commercial unit only. Based on the intensified usage
of the commercial unit, an additional 49 parking spaces will
be required. As no additional parking can be accommodated on
the site, the applicant and agent are seeking to amend the
current zoning to exempt the commercial unit from providing
any additional parking requirements.
Based on -a review of the site plan, no additional loading
spaces will be required.
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JIB
REPORT NO. PD- 107 -94 PAGE 4
7. PUBLIC NOTICE AND SUBMISSION
7.1 Pursuant to Council's resolution of July 26, 1982 and
requirements of the Planning Act, R.S.O. 1990, the appropriate
signage acknowledging the application was erected on the
subject lands. The required notice was mailed to each
landowner within the prescribed distance.
7.2 As of the writing of this report, no written submissions have
been received. Two general telephone inquiries relating to
the proposed development have been received.
8. AGENCY COMMENTS
8.1 The application was circulated to solicit comments from other
relevant agencies.
8.2 The Municipality of Clarington Building Department has no
objections to the development proposal.
8.3 The Municipality of Clarington Fire Department has no
objections provided that the proposal complies with the
Ontario Fire & Safety Codes.
8.4 The Municipality of Clarington Public Works has indicated its
objections to the proposal as the lack of on -site parking will
create circulation problems, especially during peak business
hours of the restaurant. This will also aggravate existing
parking and traffic problems on King Street.
8.5 There are no outstanding comments for this application.
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OBJECTION
To the CORPORATION OF THE MUNICIPALITY OF CLARINGTON
RE: Clerks File D14.DEV.94 -038
Planning File DEV.94 -038
The undersigned tenants presently occupying the plaza on King St.
E., object to the proposed re- zoning change on the basis that there
is not sufficient parking in the plaza at the present time for
present tenants. The proposed re- zoning change will cause further
crowding in the parking lot and adversely affect the present
tenants.
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