HomeMy WebLinkAboutPD-127-94THE CORPORATION OF THE MUNICIPALITY OF CLARINGTOyyNNy
DN: MPNPROP.GPA 1kfxXX
Meeting: General Purpose and Administration Committee File # tp
Date: Monday, October 17, 1994 Res.k
Report File #:
PD- 127 -94 DEV 94 -038 By Law #
Subject: REZONING APPLICATION - M.P.N. PROPERTIES
PART LOTS 11 & 12, CONCESSION 1, FORMER TOWN OF BOWMANVILLE
77 RING STREET EAST
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- 127 -94 be received;
2. THAT the application to amend the former Town of Newcastle
Comprehensive Zoning By -Law 84 -63 submitted by Gerald Barrack
on behalf of M.P.N. Properties, to permit a restaurant, tavern
and place of entertainment in an existing 736.2 m2 commercial
unit and a 25.5 m2 (275 sq. ft.) outdoor cafe, be APPROVED;
3. THAT the amending by -law attached hereto be forwarded to
Council for approval;
4. THAT a copy of this report be forwarded to the Region of
Durham Planning Department; and,
5. THAT all 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 Proposal: To use the existing commercial building for a
restaurant, tavern and place of entertainment
consisting of 736.2 m2 (7,925 sq. ft.) plus a 25.5
m2 (275 sq. ft.) outdoor cafe between the building
and the sidewalk. ... o2
52i
PAPER ECYC LE
THIS 6 PRINTED - RECYCLED PAPER
REPORT NO. PD- 127 -94 PAGE 2
1.4 Rezoning: From "General Commercial Exception (C1 -4)" to
"General Commercial Exception (C1 -16)" reducing the
parking space requirements from 63 to 14 spaces.
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 the former Town of
Newcastle Comprehensive Zoning By -Law 84 -63. The purpose of
the application is to change the current zoning of an existing
736.2 m2 (7,925 sq. ft.) commercial unit and a 25.5 m2 (275 sq.
ft.) outdoor cafe between the building and the sidewalk from
"General Commercial Exception (C1 -4)" to a special exception
reducing parking space requirements. For the Committee's
information, the outdoor cafe will be located on private
property and not within the limits of the municipal sidewalk
area.
3.2 A statutory Public Meeting was held on September 6, 1994 to
receive input from the public regarding the application. A
solicitor representing 6 of the existing tenants in the
subject plaza and a Bowmanville resident expressed opposition
indicating that the proposal would further exacerbate the
present on -site parking condition.
Two residents spoke in support of the application on separate
grounds. One indicated that most of the owner's established
clientele is composed of pedestrians, taxi passengers and
customers who utilize on street parking and the municipal
....3
REPORT NO. PD- 127 -94 PAGE 3
parking lot. The other resident indicated that the relocation
of this business would support the local economy and foster a
positive Government attitude towards business.
The agent also spoke in support of the application indicating
that most of his business is conducted after 9:00 pm when the
majority of the downtown stores are closed. As the size of
his proposed establishment would increase, additional
employment would be created. Finally, the relocation of his
business would alleviate the discomfort of the present tenants
of the Veltri Complex by reducing the noise associated with
his establishment.
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
5. OFFICIAL PLAN POLICIES
5.1 Within the existing 1991 Durham Region Official Plan, the
subject lands are designated "Main Central Area ". These areas
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 former Town of Newcastle Official Plan.
The function of this area is to accommodate retail, business,
office and personal service activities. The application
appears to conform to these policies.
....4
23
REPORT NO. PD- 127 -94 PAGE 4
6. ZONING BY -LAW CONFORMITY
6.1 The subject lands are currently zoned "General Commercial
Exception (C1 -4)" under the former Town of Newcastle
Comprehensive Zoning By -Law 84 -63. The proposal contains a
restaurant, tavern and place of entertainment on the main
floor with tavern, place of entertainment components in the
basement and an outdoor cafe between the building and the
sidewalk. Although the proposed uses are permitted within the
zone, the existing number of on -site parking spaces are
insufficient to meet the by -law requirements. The existing
plaza has a total of 51 parking spaces with approximately 14
parking spaces being reserved only for the main floor of the
subject commercial unit. Based on the intensified usage of
the commercial unit, an additional 49 parking spaces would 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.
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, six general telephone
inquiries relating to the proposed development have been
received.
....5
7.3 The Planning Department has received two written submissions
relating to this application. The owner of the King Street
Bar & Grill supports the application for the following
reasons:
524
REPORT NO. PD- 127 -94 PAGE 5
• the proposal would enhance the Bowmanville downtown by
providing additional competition;
• parking in the area is not an issue; and,
• Bowmanville must retain its existing business clientele.
The owner of Skylight Donuts also supports the application for
two reasons:
• the importance of businesses in retaining existing
clientele; and,
• their respective peak business periods would not
conflict.
The agent also submitted a petition containing 267 signatures
of people who indicated their support for the application.
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 subject to the due
process of a building permit application.
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.
9. STAFF COMMENTS
9.1 The concern involved in this application centres around the
....6
REPORT NO. PD- 127 -94 PAGE 6
issue of parking availability. The property is zoned "General
Commercial Exception (C1 -4)" under the former Town of
Newcastle Comprehensive Zoning By -Law 84 -63. Under the
current zoning, the existing plaza requires a total of 51
parking spaces with approximately 14 parking spaces being
reserved only for the main floor of the subject commercial
unit. The proposed uses which include a restaurant, tavern,
place of entertainment and outdoor cafe are permitted within
the zone although the existing number of on -site parking
spaces are insufficient to meet the by -law requirements. As
the proposed uses would intensify the utilization and increase
the area of the commercial unit, an additional 49 parking
spaces would be required. As no additional on -site parking
can be accommodated, the application seeks to amend the
current zoning to exempt the commercial unit from any
additional parking requirements.
9.2 The historic downtown Bowmanville business core contains a
Business Improvement Area (BIA) as defined by By -Law 77 -33
which extends along both sides of King Street from the east
side of Scugog /Queen Streets to George Street. Attachment #3
shows the precise delineation of the BIA boundaries. One of
the functions of the BIA is to promote the defined downtown
area from both the commercial and aesthetic perspectives. The
subject property is within the limits of the Business
Improvement Area (BIA) as defined by By -Law 77 -33.
9.3 Generally, most properties within the defined BIA area are
zoned "General Commercial Exception (C1 -1)" which permits all
commercial uses included within the "General Commercial (Cl)"
zone but exempts properties from the relevant parking and
loading space requirements as prescribed under Sections 3.11
and 3.14 of the Zoning By -Law. The purpose of this exception
zone is to recognize the existing nature of the historic
downtown Bowmanville commercial core and the inherent
....7
5 26
REPORT NO. PD- 127 -94 PAGE 7
difficulties in meeting these parking and loading space
requirements. Only the following three properties within the
BIA area are not zoned "General Commercial Exception (Cl -1)":
• both the former Petro Canada (20 King Street East) and
Sunoco (96 King Street East) gas station sites are zoned
"Service Station Commercial (C7)" to recognize these
specific uses; and,
• the subject lands, being zoned "General Commercial
Exception (C1 -4)" which permits all uses within the
"General Commercial (C1)" zone as well as a dry cleaning
establishment.
Apart from the two former gas station sites, the existing
plaza where the subject property is located within, represents
the only general commercial property within the BIA area
required to provide parking for commercial uses.
Based on the present commercial parking exception enjoyed by
west businesses in the BIA, it appears the current commercial
parking requirement on the subject property is not consistent.
To achieve a degree of fairness, the subject property should
be afforded parking exception.
9.4 Since several existing businesses within the existing plaza
have raised traffic and parking concerns. As a result, the
Planning Department undertook a survey of the area to
determine the number of available parking spaces and usage
during various times. The survey examined available parking
in the following areas:
• along King Street between Temperance and George Streets;
• along Division Street between Queen and Church Streets;
• the municipal parking lot at the southwest corner of
Division and Church Streets; and,
• the parking lot serving the subject development.
The total amount of on- and off - street parking provided within
REPORT NO. PD- 127 -94 PAGE 8
the survey area is 206 spaces. While it is acknowledged that
the on- street parking along King Street between Temperance and
Division Streets and along Division Street may not cater
towards the subject plaza, it was included in the exercise to
examine the parking situation of other lands which are exempt
from parking requirements.
Observations were conducted on September 29 and 30, 1994
between 12:00 pm and 1:00 pm and between 4:30 pm to 8:30 pm.
The number of cars parked in these areas was monitored three
times during each one hour period. The parking areas, with
the exception of the municipal lot, are heavily utilized
during the lunch and dinner hour periods. Parking area use on
Friday was generally higher than during similar times on
Thursday. While the front parking area serving the subject
plaza and the on- street parking were usually at capacity, the
parking provided at the rear of the subject plaza was
generally under - utilized. In addition, the municipal parking
lot was always at least 50% empty after 5:00 pm during both
days, representing a minimum of 45 parking spaces which are
available to patrons.
The under - utilization of the municipal parking lot is an
important observation. It indicates that even though most of
the lands within the BIA area are exempt from parking
requirements, there does not appear to be a parking shortage.
In addition to driving, it would appear that people are also
frequenting the downtown by walking, taking taxis or sharing
vehicles.
9.5 The agent, who presently operates T.J.'s Roadhouse, a
restaurant, tavern and place of entertainment, has provided
information that 80 % -90% of his business is conducted during
the night shift. Although the night shift starts at 5:00 pm,
most of his clientele does not arrive prior to 9:00 pm. The
REPORT NO. PD- 127 -94 PAGE 9
contention is that his business's peak operating periods would
not coincide with peak operating periods of most of the other
businesses in the subject plaza.
A survey of the operating hours for businesses within the
subject plaza was undertaken which indicated that the
following businesses are open later than 6:00 p.m.:
• First Choice Haircutters: 9:00 a.m. - 9:00 p.m. Thursday
and Friday;
• Hanc's Chicken & Ribs: 11:00 a.m. - 9:00 p.m. Thursday
to Saturday;
• Skylight Donuts: 5:00 a.m. - 12:00 p.m. Monday to Friday
and 5:00 a.m. -10:00 p.m. on Saturday;
• Jug City: 7:00 a.m. - 11:00 p.m. Monday to Saturday and
9:00 a.m. -10:00 p.m. on Sunday; and,
• Luigi & Ted's Furniture: 10:00 a.m.- 9:00 p.m. on
Thursday.
Although there may be some periods where the overlap between
business operating hours occurs, it does not appear to be
significant in nature. Even during these times, there would
be sufficient parking located in the municipal parking lot to
accommodate any overflow from the subject lands.
9.6 Most historic downtown commercial areas do not contain parking
which meets suburban standards. Although parking congestion
in certain areas may not be overly desirable, it does signify
that the downtown is healthy and viable. However, should this
problem become more severe over time, the market will adjust
itself with either the private or public sector providing
additional parking facilities including the long -term
possibility of constructing a parking structure on the
Division Street parking lot. If the Bowmanville downtown were
to prosper and grow, the residents must be prepared to accept
some traffic and parking inconveniences.
.10
REPORT NO. PD- 127-94 PAGE 10
10. CONCLUSION
10.1 The downtown Bowmanville commercial core area generally has a
parking deficiency due to its historic development patterns.
With the exception of the subject lands and the former gas
station properties, the current zoning for all properties
within the BIA area exempts them from providing parking and
loading space requirements. Forcing this property to meet
these requirements while surrounding properties are exempt is
discriminatory. A parking survey conducted by the Planning
Department has demonstrated that while some congestion exists,
the municipal parking lot is under - utilized. The Planning
Department is also of the opinion that the peak operating
hours between the proposed uses and the existing businesses
will not be a major source of conflict. In addition, the
economic benefits brought on by new expanded business in the
downtown core outweigh the perceived traffic and parking
problems. Based on the above comments, it is recommended that
this application and amending By -Law be APPROVED.
Respectfully submitted,
Franklin Wu, M.C.I.P..
Director of Planning
and Development
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Attachment #1 - Site Plan
Attachment #2 - Amending By -Law
Attachment #3 - Business Improvement Area Boundary
RH *FW *cc
October 11, 1994
Interested parties to be notified of Council and Committee's
decision:
M.P.N. Properties Mr. Gerald Barrack
11 Griggsden Ave. 68 King Street East
Etobicoke, Ontario Bowmanville, Ontario
M9P 2Z4 L1C 3Y2
3 U;
REPORT NO. PD- 127 -94 PAGE 11
Peter Kowal
52 King Street West
Bowmanville, Ontario
L1C 1R4
Evelyn Stroud
89 Little Avenue
Bowmanville, Ontario
L1C 1J9
King Street Bar & Grill
36 King Street East
Bowmanville, Ont L1C 1N2
Attn: Mr. Kevin Anyan
Frank Stapleton
4536 Highway #2
Newtonville, Ontario LOA 1J0
Irwin Hamilton
P.O. Box 39
Bowmanville, Ontario
L1C 3K8
Rob Evans
44 Pomeroy Street
Bowmanville, Ontario
L1C 4R5
Skylight Donuts
87 King Street East
Bowmanville, Ont L1C 1N4
Attn: Mr. Dan Holkema
531
Attachment #Wl r.
Emil
AD HOUSE
7MANVILLE
0
h chit.
3 X 9
532
ul
{- r
12,
AD HOUSE
7MANVILLE
0
h chit.
3 X 9
532
ul
{- r
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
1:3•a1I \ia►l lul: �
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 Corporation of the former Town of
Newcastle in accordance with application DEV 94 -038 to permit a restaurant, tavern and
place of entertainment within an existing 736.2 m2 commercial unit and a 25.5 mz (275 sq.
ft.) outdoor cafe between the building and the sidewalk.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 16.5 "Special Exceptions - General Commercial (Cl) Zone" is hereby
amended by adding thereto the following new Special Exception 16.5.16 as follows:
"16.5.16 General Commercial Exception (C1 -16) Zone
Notwithstanding Section 3.14 and Section 16.5.4, the lands zoned C1 -16 on the
Schedules to this By -Law shall be subject to the following zone regulations:
a) Parking spaces (minimum) 14"
2. Schedule "3" to By -Law 84 -63, as amended, is hereby further amended by changing
the zone designation from:
"General Commercial Exception (Cl -4)" to "General Commercial Exception (C1 -16)"
as shown on the attached Schedule "A" hereto.
3. 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
533
This is Schedule
•:
•
passed this—day
of—,1994A.D.
"'O4
Mayor
c,
DI
�/. ZONING A ' •
• •
ZONING TO ' ' '
An
STR
AFT
,ill
0 5 10 20 30m
1086420 Clerk
LOT 12 }--I—C LOT II
z
io
U)
�w
�U
z
O
U
BOWMANVILLE 0 50 100 200
50
534
t
III
111 Ali ��
r�i
�
■li'
ilk
\�� t���►��r�� ►�II1f8lI
'
1111111
NIIIi flit
�III��1�1111
t
III