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Home My WebLink AboutPD-104-95 AddendumUNFINISHED BUSINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: PD- 104- 95.ADD REPORT Meeting: council File #�' Date: October 16, 1995 Res. # C- 7 Q ADDENDUM TO L Report #:PD- 104 -95 File #: 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 to Council the following: 1. That Addendum to Report PD- 104 -95 be received; 2. That Report PD- 104 -95 be lifted from the table. REPORT: 1. At its meeting held on October 2, 1995, the General Purpose and Administration Committee directed staff to obtain the following information with regard to the rezoning application submitted by Mr. E. Kurtz: a) clarification from the B.I.A. with respect to its position; b) comments from the Regional Planning Department; and C) legal opinion on the interpretation of conformity to the Region's Official Plan. 2. In accordance to the instruction of the General Purpose and Administration Committee, staff contacted the various parties. Their comments are attached. ...2 ADDENDUM TO REPORT PD- 104 -95 PAGE 2 3. Should Council choose not to endorse staff's recommendation contained in Report PD- 104 -95, it is suggested that Report PD- 104-95 be received and the application be referred back to staff for further processing with the proviso that street - front oriented building location not be required. 4. In the event Council deems street -front oriented building is a requirement for this site or any other site in historic downtown Bowmanville, approval of staff recommendations in Report PD- 104 -95 could suffice. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., W. H. Stockwell Director of Planning Chief Administrative and Development Officer FW *j ip October 4, 1995 B®WMANVILLE BUSINESS CENTRE cm 11111 EFF-1 Lul Flom IOWMANVILLE P.O. BOX 365 BUSINESS CENTRE BOWMANVILLE, ONT. Li C 3L1 1995 10 10 Mrs. Patti Barrie Town Clerk Municipality of Clarington 40 Temperance Street North Bowmanville, Ontario L1C 3A6 Dear Mrs. Barrie At the September meeting of the Board of Management, the following motion was passed with respect to the rezoning application for the former Sunoco station site, and commu- nicated by letter to Mr. Frank Wu, Director of Planning, with copies to Mr. Todd Letts and Mr. William Stockwell: "THAT the Board of Management of the Bowmanville Business Centre does not object to the renovations of the existing structure and addition to accommodate the use of the former Sunoco site at 96 King Street East in Downtown Bowmanville as outlined in the rezoning application. ". In light of new information presented to the Board at its October meeting held on Tuesday, October 10, 1995, the fol- lowing motion was passed: "THAT a letter be sent to Council stating that the Bowman- ville Business Centre is supportive of promotion and devel- opment in the Downtown in accordance with the Cause Study recommendations and (as such, any structure) 'should incor- porate street front building design principles'. ". It is hoped that this additional motion will clarify, Board's position on this matter. Yours very truly t Garth Gilpin j Secretary - Treasurer and General Manager pc. Mr. Frank Wu Director of Planning th;+ Q4 owu The Regional Municipality' of Durham Planning' Department Box 623 1615 Dundas 5t r-. 4th Floor Lang Tower West Building Whitby, Ontario Canada UN 6A3 Tel. (905)' 728.7731 Fax, (905) 486 -6612 A L. Georgieff, mcta, APP Commissioner of Planning ' October 30, 1999 Mr Franklin Wu, Director Planning and Development Department Municipality of Clarington 40 Temperance Street Bowmanville, Oh LIC $A6 Dear Mr Wu'' RE Rezoning Application DEV 95 -059 'Applicant- E. Kurtz Lot: 11 & 12 . Concession: 1 Former Twp.' Darlington Please Quote Ref No 15__VJ_/F Further to our telephone conversation of October 4, 1995, with regards to the above -noted application, we have examined the Intent of Policy 9.2 2 of the Durham Regional Official Plan This policy states that direct street pedestrian access to buildings Is encouraged w erever possible. The wording of this policy provides the opportunity for the area municipality to consider the feasibility of meeting the intent of the policy Local circumstances, such as physical constraints of the site and surrounding uses are part of the area municipality's consideration. Whatever the area municipality deoides is acceptable with us.` We would not object if the site plan does meet the letter of the policy due to local circumstances, Please feel free to discuss this matter with me at your convenience Yours truly, + im Blair, M C I P , F2 P.P. [director Current Operations Branch /cm N-1WP12-31EKURTZL 0 100% post Consumer The Regional Municipality of Durham Planning Department Box 623 1615 Dundas St E 4th Floor Lang Tower West Budding Whitby, Ontario Canada Li N 6A3 Tel (905) 728 -7731 Fax (905) 436 -6612 A L. Georgieff, mciP, RPP Commissioner of Planning LJ 0 September 15, 1995 'Mr Warren Munro, Planner Department of Planning & Development Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Dear Mr Munro LIA'r. PLAN "ING Di tAR r(0 ENT �, - - - -- - RE Rezoning Application DEV 95 -059 Applicant E Kurtz Lot 11 & 12 Concession: 1 Former Twp. Darlington Municipality Clarington _ C4 Please Quote Ref No ,5 y9 7j In response to your request for comments on Official Plan conformity, we have the following comments for your consideration The purpose of the application is to rezone the subject lands to allow the development of a 240 square metre restaurant The subject property is situated within the Bowmanville "Main Central Area" designated in the Durham Regional Official Plan Policy 9 3 2 a) of the Durham Regional Official Plan states, in part, that Main Central Areas shall be planned and developed as the main concentrations of urban activities within area municipalities providing a fully integrated array of community, office, service and shopping, recreational and residential uses The maximum gross leasable floor space for the retailing of goods and services included in this particular Main Central Area is 200,000 square metres The Durham Plan also provides certain principles for development in Central Areas Policy 9 2 2 of the Durham Regional Official Plan states, in part, that Central Areas shall be developed on the basis of mixed uses and a grid system of roads and walkways; with direct street pedestrian access to buildings, provision of potential transit and parking areas sited at the rear or within buildings, wherever possible, and with prime consideration of urban design, including the spatial distribution of structures and architectural treatment and the preservation and enhancement of cultural heritage resources. V.0 kN'0 100% Post Consumer r° r m- Page 2 The proposal to rezone the subject lands to permit this development is generally supported by the Durham Regional Official Plan The implementing by -law should include appropriate standards that support the implementation of the Durham Plan related to urban design Based on the information contained on the site plan for the property, however, it would appear that Policy 9 2 2 b) of the Durham Plan would not be satisfied as the location of the proposed building would not provide for direct street pedestrian access The Official Plan for the former Town of Newcastle designates the subject property "Main Central Area - Commercial' Policy 7.2 5 2 (i)(e)(i) states that the predominant use of land within these areas shall be retail, business, office and personal services uses. The proposal would appear to conform with the policies of the Official Plan Municipal services are presently available to the subject site If the applicant should require additional and /or larger services for the subject property, a site servicing plan must be submitted to the Regional Works Department for approval Please call me should you have any questions. Yours truly, Richard Szarek Planner Current Operations Branch (84638) /rs /cm (6 H \WP\2- 3 \DEV95059 t_ -r Shih ey Righton KICHARD E. SRISLRY, Q.0 DENNIS C. HWI,"RPN BARRY S WORTZMAN, Off' OFoOROII CODRN MicHABL C, RIRIM PA'MR C NBILSON SANDRA A DAWE WRISTINB M. SR VARS CRAIG A, LEM$ 13WARRM 0, MWIIN ID:4163635339 OCT 13'95 shi lE.N RightOn Barrh1wrF, & SOliciumi RUPRRT C, R1(IIfKK 0 C DONALD K. HORINWN, Q C, JOHN P RPM V, ROSS MORKINON PISw f , WII I LAMS 001FDRD I COLD THOMAS A, b FWVANIK PETLR V.KAYTRK NI(`HOIART, MAWS L PAUL k, HOWARD LINDA J (A)r)P.r, TIIOMAS MCKAK JENNrF"HK 1, ykKkV KENO CHAN DRA WINDI&CHMANN (1970 IBS) C OUNW1 MARTIN L O'DRIEN, 0 V, BARRY D. LIPSON, 0 C • 11 _l/KI � Mayor Diane Hamm and Members of Council Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Mayor Hamre and Members of Council: HAROLD It ELL1011, fJC. imsuL+ s. MASON MI( HAPI MTLPATIUCK, C,C'. I INDA S DO)INIiN PAUL K. MCINNIS JONATHAN H 17LANDERS WILLIAM L. NORTHCOW I JAY RUL)OLPH RICH ART) R C,OLES PHIL IP P IIEAL13Y LEONAKD U, ROPNFSS JANI'a Li. INCRAM JAMES W. DUSSIN WILLIAM A. cHALMRRS October 13, 1996 File No.: 8801183 13:20 Ne.005 P.02 DENNIS C. HEFV14RON DIKWV 1 INK (416) 214. 5461 PAX (416) 214 - 5438 BOX 32, 401 DAY STREbT TORONTO, CANADA M5H 27,1 SUCCE IS00 TIIE SIMMON TOWRR Re: Resolution #GPA-542.95 Respecting Report #PD- 104.95 and 20 King Street, Bowmanville _ I am writing to you as requestcd by the General Purpose and Administration Committee at its meeting on October 2, 1995 at which the above Resolution was Massed, The Committee recommended that Report #PD- 104 -95 be tabled until the Council meeting of October 16, 1995 to allow for: + clarification on the interpretation of the Regional planning's position; clarification of the Bowmanville Business Improvement Area's position on the application; and 4. receipt of a legal opinion from the Municipality's solicitor, Shib eu Righton ID :4163635339 OCT 13'95 13:21 No.005 P.03 Shibley RightOn IN In Report #PD- 104 -95 the Director of Planning and Development recommended that the rezoning and site plan amendment applications made by Erwin Kurtz respecting 96 King Street East, Bowmanville (Dev 95 -059), be denied without prejudice, Mr. Kurtz' proposal was to expand and renovate the existing building at 96 King Street, Bowmanville (formerly a Sunoco service station) to provide 240 square metres of commercial floor space, 96 King Street is located within the Bowmanville East Main Central Area. I understand that the existing building is set back a significant distance from the King Street line and that the proposed development proposal will not incorporate street front oriented design principles. In paragraph 4,2 of Report #PD- 104 -95, the Director advised the General Purpose and Administration Committee that the related site plan application "is not supported by" section 9.2.2 of the Durham Region Official Plan and that the Regional Planning Department had advised that the site plan portion of the proposal did not satisfy the policy. Section 9.2.2(c) of the Durham Region Official Plan requires that Central Areas be developed in accordance with certain principles including the following; 9.2.2(e) with direct street pedestrian access to buildings, prevision of potential transit and harking areas sited at the rear or within buildings, wherever possible. The Director's comment in paragraph 4.2 of his report appears to be based on the fact that pedestrian access to the building in question is not intended to be "direct" from Icing Street but will be via the parking area proposed to be located in part, at least, between the existing building and King Street, Legal Qnsiderations Section 9.2.2(c) of the Durham Region Official Plan as it applies to the Bowmanville Main Central Area currently is in force. Subsection 24(1) of the P1anningAct, R.S.O. 1990 c.P.13, as amended,in effect prohibits the Municipality from enacting a by -law including an amendment to the Zoning By -law for any purpose that does not conform with bath the Durham Region Official Plan and the Municipality's Official Flan. If Council rather than the Directors of Planning and Development and Public Works approves a site plan under section 41 of the PlanningAct by resolution and then passes a confirming by -law, subsection 24(1) of the Act in effect requires that the confirming by-law be in conformity with the two Official Plans Despite the fact that official plans are prepared and approved pursuant to the Planning Act, bath the Ontario Municipal Board and the Courts have held that they are essentially policy documents which should be interpreted generously having regard to their purpose and intended function. They are not to be interpreted as if they were statutes by Shibiey Righton ID :4163635339 OCT 13'95 13:22 No.005 R.04 Shibley Righton -3- the application of the complex canons of construction (or aids to interpretation) developed by the Courts over more than a century. 1Jr1TrTW=11C 1111111TO '. i ' I note that section 9.2.2(c) of the Durham Region Official Plan is qualified by the incorporation in it of the phrase "wherever possible ". In my opinion, the section establishes as preferred planning principles that buildings in the Main Central Area should be required to have direct street pedestrian access and that parking areas should be sited at the rear of them or within them. However, the Regional Council has recognized that these requirements might not be appropriate in particular cases, and so incorporated the qualification "wherever possible" in the section. Having regard to the purpose of section 4.2,2(c), I am of the view that the phrase "wherever possible" allows you to refrain from imposing the requirements of direct pedestrian access from the street and rear parking, in qualifying cases. In such cases Council in its discretion may determine that the imposition of both or either of the requirements may be regarded as impossible hCaving regard to considerations such as the physical and environmental context of the proposed development, physical constraints, cost constraints, and the significance to the achievement of (or failure to achieve) the planning vision for the Main Central Area which is inherent in the provisions of section 9.2.2(c). In my opinion, the Courts will not interfere with a determination by Council that the requirements of section 9.2,2(c) of the Durham Region Official Plan should or should not be imposed if the decision is taken in goad faith in the public interest, In my opinion, therefore, the issue discussed in paragraph 4.2 of Report #PD- 104 -95 respecting section 9.2.2(c) of the Durham Region Official Plan essentially is a planning policy issue as to whether an exception from the requirements of direct street access and rear parking should be made in the particular case before Council. Yours very truly, SHIRLEY RIGHTON ( �� k � Dennis Hefferon DH /bg V. Mr, W 11. Stockwell Mr. F. Wu