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HomeMy WebLinkAboutPD-126-94i DN: PAPAPETROU.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON S Meeting: General Purpose and Administration Committee File# Date: Monday, October 17, 1994 Res. # v 0" ?cl By -Law #� Report #: PD- 94 File #: DEV 94 -039 Subject: REZONING APPLICATION - GEORGE PAPAPETROU PART LOT 12, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: DEV 94 -039 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 126 -94 be received; 2. THAT the application to amend Comprehensive Zoning By -law 84- 63 of the former Town of Newcastle submitted by George Papapetrou on behalf of Peter Tzioumis be APPROVED; 3. THAT the attached By -law be forwarded to Council for approval; and 4. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: George Papapetrou 1.2 Owner: Peter Tzioumis 1.3 Rezoning: From "Service Station Commercial (C7)" to an appropriate zone or zones in order to permit the development of a 507.25 square metre commercial plaza. 1.4 Area: .1524 hectares 2. BACKGROUND 2.1 In July of 1994, the Planning and Development Department received an application to amend Zoning By -law 84 -63 in order to permit the development of a 507.25 square metre commercial plaza. ....2 RE PAPER nEGYCLE REPORT NO. PD- 126 -94 PAGE 2 2.2 The lands subject to the application are situated on a .1524 hectare parcel of land located on the north side of King Street approximately 30 metres (100 feet) east of Temperance Street but is more formally described as Part Lot 12, Concession 1, in the former Town of Bowmanville. 3. PUBLIC NOTICE 3.1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 3.2 As a result of the public notification process, the Planning and Development Department has not received any written submissions with respect to the proposal. However, staff have received two (2) telephone inquiries from area residents who voiced concerns with the proposal with respect to issues such as parking, garbage and building orientation. 3.3 A Public Meeting was held on September 6, 1994 at which the applicant's agent addressed Committee and expressed a willingness to provide an architectural concept which will be compatible with a surrounding area. In addition, one (1) area resident and two (2) business operators appeared before Committee and expressed concerns over the proposal with respect to such issues as parking, access, garbage, traffic and the orientation of the building. 3.4 In addition, Staff advise that notice that the application had been placed on this agenda was mailed to the following people: George Papapetrou, Peter Tzioumis, Jack Lumsden, T. D. Bank, Evelyn Stroud, Ron Hooper - Bowmanville B.I.A., Doug James - James Insurance. ....3 REPORT NO. PD- 126 -94 PAGE 3 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan the subject property is located within the Main Central Area of Bowmanville and Main Central Areas are intended to be the main concentrations of urban activities providing a fully integrated array of community, office, service, shopping and residential uses. Therefore, the application appears to conform with the Durham Regional Official Plan. 4.2 Within the Official Plan for 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 Official Plan for the former Town of Newcastle. 5. ZONING BY -LAW COMPLIANCE 5.1 The current zoning of the subject property is "Service Station Commercial (C7)" which permits the development of a Motor Vehicle Fuel Bar or a Motor Vehicle Service Station. As the applicant is proposing to develop a 507.25 square metre commercial plaza with retail uses, the applicant has applied to amend the Zoning By -law. 6. AGENCY COMMENTS 6.1 In accordance with departmental procedures, the application has been circulated in order to obtain comments from other departments and agencies. The following provides a brief synopsis of the comments received. 6.2 The Public Works Department has reviewed the application and advised that they have no objections to the proposed zoning amendment, although the Public Works Department did note REPORT • PD-126-94 • 1 I several concerns with the site with respect to lot grading, drainage, entrance construction, sidewalk construction and access. However, the Planning and Development Department advises, for the applicant's and Committee's information, that these concerns will be addressed through the site plan approval process. 6.3 The Community Services Department has advised that they have no objection to the proposal subject to the applicant providing 2% cash -in -lieu of parkland dedication with the funds realized being credited to the Parks Reserve Account. Said requirement will be imposed through the site plan approval process. 6.4 The balance of the circulated agencies who provided comments were the Fire Department, Regional Planning Department and Regional Works Department. None of the aforementioned agencies have provided objectionable comments with respect to the proposal. 7. STAFF COMMENTS 7.1 The subject property is located within the Main Central Area in both the Durham 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 providing a fully integrated array of community, office, service, shopping, recreational and residential uses. In addition, the surrounding area can generally be described as the "traditional downtown" of Bowmanville. Therefore, it can be seen that the proposed use of the property in a commercial manner is consistent and compatible with the policies of the Regional Official Plan, the Municipal Official Plan and the surrounding uses. 7.2 As a result of a preliminary review, Staff identified an REPORT NO. PD- 126 -94 PAGE 5 opportunity to improve the arrangement of parking and the flow of traffic at the rear of the Canadian Imperial Bank of Commerce and the Toronto Dominion Bank buildings. In this regard, Staff have met with the applicant along with representatives of the Bowmanville B.I.A. and both banks on August 30, 1994 and again on September 29, 1994. Unfortunately, Staff were unable to convince the representatives of the Toronto Dominion Bank of the merits of an improved parking and traffic network. As a result, this application is being considered on its own merits with respect to parking and access. 7.3 The property is located in downtown Bowmanville where other commercial establishments are zoned "C1 -1" which exempts the provision of commercial parking and loading spaces. To be consistent and fair to all commercial establishments, the applicant should be given the same exemption and the property be rezoned "C1 -1" accordingly, notwithstanding the fact that the applicant has provided 14 parking spaces on site. 7.4 With respect to access, only one -way entrance from King Street is allowed. Exit from the site will be via the laneway on the south side of Toronto Dominion Bank where this property apparently has a right of access over the laneway. 7.5 The subject property was formerly used as a motor vehicle service station and the lot has subsequently had fill added to it. Therefore, the Planning and Development Department advises for the applicant's information that soil tests will be required prior to the issuance of a building permit to demonstrate the following: a) that the fill is capable of supporting the design loads; b) the movement of building or services will not occur; and c) that explosive gases do not exist or can be controlled. 7.6 All requirements of the Municipality, financial and otherwise 5 1 5 ....6 REPORT NO. PD- 126 -94 PAGE 6 will be incorporated into a site plan agreement to be executed by the owner and the Municipality prior to the consideration of any building permit application. 8. CONCLUSION 8.1 In consideration of the comments contained within this report, Staff would have no objection to the approval of the attached zoning by -law amendment, as applied for. Respectfully submitted, d � .- &__ Franklin Wu, M.C.I.P. Director of Planning and Development WM *FW *cc 7 October 1994 Attachment #1 - Key Map Attachment #2 - Survey Reviewed by, W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: George Papapetrou 41 Meadlands Crescent Whitby, Ontario. L1R 1Z9 Peter Tzioumis 125 Moatfield Drive Don Mills, Ontario. M3B 3L6 I � - -11 r� _ r, a 4. LEGEND SITE DATA ti� •'r;t . bSIRVEY Ijj�'' :Y - a ' ? } ..�.,. �..aa. ,....., .aou +: fi .G°ii`d % A arm u 1, ' a >.d .Is ... vo ' o.z.i°oQ'rcc. ii�� o +t4 •i,t�st.$. ,4A ,u°o ? a ' , ' �i. lo. r ' xnt.l F i�dnoI o dp � ! N4: � {*�Vi:1a •:y � raE�u'- ,• � Is— an •• P - . 4.. im�a `obai:`oF?ta+bti•s:,•:..r7;� �;, ,urvw. re`j`oo.au* I- -_. - — i e .• I , . • •.ff.. 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H��L�I t w . ` i i � •rY �'ia'y � ®n%sau a ���c `' \'c .` •,qa �t>` • tlse °�`u ".°o'.o�i°�"".,"i °` �'. r`' :'• •1 ®•�4 nPAPAPETR6u �8 ,C" _ ___ e }•y.,.:l ,. "t• �yy� •i' ENGINEERING ASSOCIATES LTOf I ..,...I.r \ s�9 %v,. az /i /a:,:.:iioi...::aivi / /i.. rr, .v ,.o /.. _si a e, .SOLE 1: 100 Is .�° o.; a P •q \' _ ..— PROJECT: _ � ;° `°.va`�w -. %••rrss,n i ll o.-,. GOMMERCtALnEVEL. --t. . n l <ou . � .« ° i I: 20 1� W G ST REET ��."�,•• u �r.., ion ''-" —''t, �T... ;j ' I� NEWGA STLE. '• I J sI T ONTA 2 1 0 .s . �� �Y �. i 2 1 t't;:^�• a o f i i Q�.. DRAWING: vE3 3t. i n Yr+ I•A :�o�. xao` 3 I TL PLAN v d�s /4i iJ ^ //" /:i •: %: '!.- •. r //' / /.n' .'=Q- SCSI' L« ^ <� .,> ',.., I •• .ss .e `q.: ;.,o .. i•Nha:ti f� ° .,. .lSp.v=' c....•vr,` a.'. G w ¢sass' o D .i. p� Iv1 Z N THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 94- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle. 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. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By -law 84 -63 as amended, is hereby further amended by changing the zone designation from: "Service Station Commercial (C7)" to "General Commercial - Special Exception (C1 -1)" as indicated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By -law. 3. 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 1994. BY -LAW read a second time this day of 1994. BY -LAW read a third time and finally passed this day of 1994. MAYOR CLERK 519 This is Schedule "A" to By-law 4- passed this—day of—, 1994'A.D. ZONING CHANGE FROM 1C7 1 TO 1C1 -1 0 5 10 20 30M Mayor 1086420 Clark 3 1 LOT 13 LOT 12 LOT I 1 11 i • z F rc z z W w W s F h a T Z J O N N W V Z O U z 5 0 N WF W N W0 50 100 200 300M 50(h 0 U