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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 f. [vzz,/,O,OA i I ?/ LOT 12 >� LOT I I c� o� "- 1 Z A0 U) ®W �V Z 0 V :........... . KEY MAP50 100 ., - 0 Dev. 9 517031 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