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Home My WebLink AboutPD-104-95UNFINISHED BUSINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: AURTZ.GPA REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # Monday, October 2, 1995 l S c C. Date: Res. # _.' �" Report #: PD- 104- 95File #: DEV 95 -059 By -law # Subject: REZONING AND SITE PLAN AMENDMENT APPLICATION APPLICANT: ERWIN KURTZ 96 KING STREET EAST, BOWMANVILLE FILE: DEV 95 -059 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 104 -95 be received; 2. THAT the request submitted by Erwin Kurtz for a zoning amendment and site plan approval be DENIED WITHOUT PREJUDICE; 3. THAT the applicant be advised that the application could be reactivated, without additional fees, if the site plan is revised accordingly within six (6) months of Council's decision; and, 4. THAT the interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Erwin Kurtz 1.2 Agent: Reg Freethy 1.3 Owner: Sunoco Inc. 1.4 Zoning: From Service Station Commercial (C7) to an appropriate zone to permit the renovation and the expansion of the existing building to provide for a total of 240 square metres of commercial floor space. 1.5 Area: 2039.6 square metres (.503 acres) 2. BACKGROUND 2.1 The subject lands are located at the north -west corner of King and George Streets (as shown on Attachment #1) and were occupied by a Sunoco gas station until the mid to late 19801s. The property has not been actively used for some period of '501 REPORT NO.: PD- 104 -95 PAGE 2 time and staff have met with several companies in the past inquiring as to the development potential of the site. 2.2 In April of 1995, staff met with Mr. Kurtz and confirmed that the current zoning on the site allowed for the use of the existing structure as a motor vehicle service station or a motor vehicle fuel bar. 2.3 Subsequently, Mr. Kurtz returned in May of 1995 and inquired as to the possibility of developing the site with a restaurant or donut shop. Staff advised Mr. Kurtz that such a proposal would require both a site plan approval application and a zoning amendment application. In addition, staff advised Mr. Kurtz that the site would have to incorporate street front oriented design principles. 2.4 In August of 1995, Mr. Kurtz submitted an application for both site plan approval and an amendment to the zoning by -law. The application is proposing an expansion to and renovation of the existing building to provide 240 square metres of commercial floor space. The proposal does not incorporate street front oriented design principles. 3. PUBLIC NOTICE AND SUBMISSIONS 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 out to each landowner within the prescribed distance. 3.2 As a result of the public notification process, the Planning and Development Department has received a letter from the Bowmanville Business Centre indicating that the Centre does not object with the proposal. '502 REPORT NO.: PD-104-95 PAGE 3 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan the subject property is located within the Main Central Area of the Bowmanville Major Urban Area. Main Central Areas are intended to be the main concentration of urban activities providing a fully integrated array of community, office, service and shopping and residential uses. The proposed use is permissable. 4.2 However, the related site plan application is not supported by the Regional Official Plan. Section 9.2.2 c) of the Regional Official Plan states that Central Areas shall be developed in accordance with the following: • with direct street pedestrian access to buildings, and the provision of potential transit and parking areas sited at the rear or within buildings, wherever possible. The Regional Planning Department has advised that the site plan portion of the proposal does not satisfy this policy. 4.3 Within the Official Plan of 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 intent of the Official Plan for the former Town of Newcastle. 5. 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). The zoning would permit the development of a motor vehicle fuel bar or a motor vehicle service station. As the applicant intends to renovate and '507) REPORT NO.: PD- 104 -95 PAGE 4 expand the existing structure to provide 240 square metres of retail commercial floor space, the applicant has applied to 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 summary of the comments received to date. 6.2 As previously indicated the Regional Planning Department has advised that the related site plan application is not supported by Section 9.2.2 c) of the Regional Official Plan. 6.3 The Public Works Department has advised that they have no objection to the proposal. However, the applicant will have to provide more detailed drawings for site plan approval which would incorporate, among other matters: • a grading /drainage plan; • the elimination of the southernmost entrance onto George Street, and • the provision of a 5.0 metre by 5.0 metre sight triangle at the intersection of King and George Streets. 6.4 The Community Services Department has reviewed the proposal and advised that they have no objection to the application subject to the applicant providing 2% cash -in -lieu of parkland dedication with the funds realized being credited to the Parks Reserve Account. '504 REPORT NO.: PD- 104 -95 PAGE 5 6.5 The only other agency which provided comments was the Fire Department, which had no objection to the proposal. Comments remain outstanding from the Regional Works Department and the Central Lake Ontario Conservation Authority. 7. STAFF COMMEI 7.1 The subject in both the the former intended to activity. vTS property is located within the Main Central Area Regional Official Plan and the Official Plan for Town of Newcastle. The Main Central Area is be developed as the main concentration of urban 7.2 In addition, the surrounding area can be described as the "traditional" downtown of Bowmanville. Therefore, the proposed use of the property for retail or restaurant is consistent with the policies of the Regional Official Plan, the Municipal Official Plan and the surrounding area. 7.3 However, as previously noted the siting of the building is not consistent with either Section 9.2.2 c) of the Regional Official Plan or recent commercial developments in the Main Central Area. Examples of recent developments in the Bowmanville Main Central Area, which incorporated street front oriented design, are found at the 100 King Street East (Scutt Pharmacy), 196 King Street East (Blockbuster Video) and 200 King Street East (Scotia Bank). 7.4 All of these sites involved redevelopment of an infilling nature and incorporated parking areas at the rear of the building. In addition, access from King Street was restricted to pedestrian traffic in all of the above examples. More importantly, staff note that the Stutt Pharmacy at 100 King Street East is located at the north -east corner of King and George Streets, adjacent to the subject lands. Staff carefully considered the development of the Stutt's lands not in isolation but in relation to the intersection of King and +505 REPORT NO.: PD- 104 -95 PAGE 6 George Streets and the surrounding area. As a result, the Stutt's lands were developed in a manner sensitive to the historic downtown. In addition, staff are of the opinion that the Stutt development will serve to promote a more attractive and accessible downtown. The proposed development utilizing the existing building located some distance from the streetline would undermine all previous efforts. 7.5 With respect to the letter of support for the proposal from the Bowmanville Business Centre, staff note this position is contrary to the their previous comments regarding the development of the former Petro Canada lands at 20 King Street East in Bowmanville (DEV 94 -039). They indicated at that time the preferred development for the former Petro Canada lands should incorporate street front building design principles. As a result, the applicant, George Papapetrou, significantly revised his proposal to provide for a building which was street front oriented for a significant portion of the site's frontage. S. CONCLUSION 8.1 In consideration of the comments contained within this report staff cannot support the proposal as submitted and recommend that the application be DENIED WITHOUT PREJUDICE. 8.2 In order to remain flexible with the applicant, staff will reactivate the file without the need for submission of additional application fees should the applicant revise the site plan to take into account the concerns raised in this Report. In order not to hold the file in abeyance indefinitely, we recommend the applicant be given a six month period to submit a revised site plan. i REPORT NO.: PD- 104 -95 PAGE 7 Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development WM *FW *df 22 September 1995 Attachment #1 - Key Map Attachment #2 - Proposed Site Plan Reviewed by, W.H. Stockwell e Chief Administrative Officer Interested Parties to be notified of Council's and Committee's decision: Sunoco Inc. 36 York Mills East North York, Ontario. 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