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Home My WebLink AboutPD-94-94TAE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -94 -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 referred back to staff for further processing; 3. 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. 2.2 The lands subject to the application are situated on a .1524 hectare parcel of land located on the north side of King Street PAPER THE B PRIM ED CN RECYCLED PAPER PUBLIC MEETING Meeting: General Purpose and Administration Committee File# _C1t�A.j)o o Date: Tuesday, September 6, 1994 Res. # j [�� . PD -94 -94 DEV 94 -039 By -Law # Report #: file #: REZONING APPLICATION - GEORGE PAPAPETROU Subject: 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 -94 -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 referred back to staff for further processing; 3. 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. 2.2 The lands subject to the application are situated on a .1524 hectare parcel of land located on the north side of King Street PAPER THE B PRIM ED CN RECYCLED PAPER REPORT NO.: PD -94 -94 PAGE 2 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. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan the subject property is designated as a Main Central Area within the Bowmanville Major Urban Area. 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. REPORT •. S. ZONING BY -LAW COMPLIANCE 5.1 Within Comprehensive Zoning By -law 84 -63, as amended, of the former Town of Newcastle, the subject property is zoned Service Station Commercial (C7) which would permit 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 appropriately 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 Community Services Department has advised that they have no objection to the proposal subject to the applicant providing 20 cash -in -lieu of parkland dedication with the funds realized being credited to the Parks Reserve Account. However, staff advise for the Committee's and the applicant's information that this condition will be imposed through the site plan approval process. 6.3 The only other agency which has provided comments is the Fire Department, who had no objection to the proposal. Comments remain outstanding from the Public Works Department, the Regional Planning Department and the Regional Works Department. 7. STAFF COMMENTS 7.1 Staff advise for the applicant's information that the subject property was formerly a motor vehicle service station and that the lot subsequently been filled. Therefore, soil tests will be required to demonstrate the following: a) that the fill is capable of supporting the design loads; b) that movement of building or services will not occur; and, c) that explosive gases can be controlled or do not exist. �7 REPORT NO.: PD -94 -94 PAGE 4 7.2 As a result of a preliminary review, staff identified the opportunity to improve the parking arrangement and traffic movement at the rear of the C.I.B.C. and T.D. Bank buildings. In this regard, staff have commenced discussions with the affected property owners and will report back to Council in due course. 7.3 The purpose of this report is to provide the status of the application for the public meeting. In consideration of the outstanding comments, it would be in order to have the application referred back to Staff for further processing. Respectfully submitted, D� &,--" 'k- 0 , Franklin Wu, M.C.I.P. Director of Planning and Development WM *FW *df 24 August 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 .� c u 12 LOT II i I �-' '--III -, SPRY AVE. 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