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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. 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