HomeMy WebLinkAboutPD-73-95DN: DEV95036.G'rHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
SPORT
P U B L I C M E E T I N G
Meeting: General Purpose and Administration Committee File #' ) 11'1 C) `� �' ?L
Date: Monday, July 10, 1995 Res. # 1> �� `� `` -c-i
Report #: PD -73 -95 File #: DEV 95 -038 By -law # v
Subject: REPEAL OF ZONING BY -LAW 94 -168
77 RING STREET EAST, BOWMANVILLE
FILE: DEV 95 -038
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -73 -95 be received;
2. THAT the attached By -Law to repeal By -Law 94 -168 be APPROVED;
and,
3. THAT the Ontario Municipal Board and all interested parties
listed in this report and any delegation be advised of
Council's decision.
1. BACKGROUND
1.1 On July 13, 1994, the previous agent, Mr. Gerald Barrack,
filed an application with the Municipality of Clarington to
amend the former Town of Newcastle Comprehensive Zoning By -Law
84 -63. The purpose of the application was to change the
zoning of an existing 736.2 m2 commercial unit from "General
Commercial Exception (C1 -4) Zone" to an appropriate zone
exempting the proposed relocation of T.J.'s Roadhouse from
providing any additional parking requirements.
1.2 On October 24, 1994, Council approved By -Law 94 -168 which
rezoned the subject commercial unit from "General Commercial
Exception (C1 -4) Zone" to "General Commercial Exception (C1-
16) Zone ". This permitted the proposal within the building by
exempting the proposed use from additional parking
requirements. However, a notice of appeal was filed by 6
....2
537
REPORT NO. PD -73 -95 PAGE 2
other tenants in the plaza requesting the Clerk to refer By-
Law 94 -168 to the Ontario Municipal Board. No date had been
scheduled for the hearing.
1.3 On January 27, 1995, the Planning Department received a letter
dated January 16, 1995 from the agent (Gerald Barrack)
indicating that he no longer wished to pursue the application.
As the appeal is now redundant, the Ontario Municipal Board
has requested that the Municipality repeal By -Law 94 -168.
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. PUBLIC NOTICE AND SUBMISSION
3.1 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.
3.2 As of the writing of this report, no written submissions have
been received. One general telephone inquiry relating to the
proposed rezoning has been received.
4. STAFF COMMENTS
4.1 As the applicant has withdrawn the application, the Ontario
Municipal Board has requested that Council repeal By -Law 94-
168. Upon repealing By -Law 94 -168, the original "General
Commercial (C1 -4) Zone" will be reinstated. Therefore, Staff
would recommend that the attached By -Law to repeal By -Law
....3
�3H
REPORT NO. PD -73 -95 PAGE 3
94 -168 be APPROVED by Council. This would permit the Ontario
Municipal Board to close this appeal file.
Respectfully submitted,
Reviewed by,
(� Xo,, � .
At
Franklin Wu, M.C.I.P. W. H. Stockwell
Director of Planning Chief Administrative
and Development Officer
RH *FW *cc
Attachment # 1 - Key Map
Attachment # 2 - Amending By -Law
June 28, 1995
Interested parties to be notified of Council and Committee's
decision:
M.P.N. Properties Gerald Barrack
11 Griggsden Avenue 68 King Street East
Etobicoke, Ontario Bowmanville, Ontario
M9P 2Z4 L1C 3Y2
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, Ontario
L1C 1N2
Attn: Mr. Kevin Anyan
Whytes Dry Cleaning
77 King Street East
Bowmanville, Ontario
L1C 1N4
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, Ontario
L1C 1N4
Attn: Mr. Dan Holkema
Sears Agency
77 King Street East
Bowmanville, Ontario
L1C 1N4
D39
....4
REPORT NO. PD -73 -95 PAGE 4
Hanes Chicken & Ribs
77 King Street East
Bowmanville, Ontario
L1C 1N4
Bowmanville Jug Milk
77 King Street East
Bowmanville, Ontario
L1C 1N4
Frank Stapleton
4536 Highway #2
Newtonville, Ontario
LOA 1J0
First Choice Hair Cutters
77 King Street East
Bowmanville, Ontario
L1C 1N4
Luigi & Ted's Furniture
77 King Street East
Bowmanville, Ontario
L1C 1N4
Ontario Municipal Board
655 Bay Street
Suite 1500
Toronto, Ontario
M5G 1E5
Attn: Janet Chan
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 95-
being a By -Law to repeal By -Law 94 -168 which amended By -Law 84 -63, the Comprehensive
By -Law of the former Town of Newcastle.
WHEREAS the Ontario Municipal Board requested the Council of the Corporation of the
Municipality of Clarington to repeal By -Law 94 -168 as the applicant no longer wishes to
proceed with the application.
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 the request by the Ontario Municipal Board.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. By -Law 94 -168 is hereby repealed.
BY -LAW read a first time this day of 1995.
BY -LAW read a second time this day of 1995.
BY -LAW read a third time and finally passed this day of
542
1995.
Q •'
CLERK