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
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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
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Clark
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