HomeMy WebLinkAboutPSD-019-03
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REPORT
PLANNING SERVICES
Report #:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, February 24, 2003 Ao 9
PSD-019-03 File #: SPA 2000-033
6P// - (~5 -03
By-law #:
Meeting:
Date:
Subject:
APPEAL BY JANET AND JOHN RICE OF THE SITE PLAN
APPLICATION FOR SITE 209 AND 215 KING STREET EAST,
BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-019-03 be received for information.
eviewed by: d ~ --- ~ fL.t..-
Franklin Wu
Chief Administrative Officer
CP*DC*df
14 February 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830
625
REPORT NO.: PSD-019-03
PAGE 2
1.0 BACKGROUND
1.1 On Tuesday, February 5, 2003, an Ontario Municipal Board Hearing was held in
the Council Chambers with respect to an appeal by Janet and John Rice of a site
plan application for lands composed of 209 and 215 King Street East,
Bowmanville. The subject lands are located at the south west corner of King
Street East and St. George Street, and are developed with a Kentucky Fried
Chicken outlet and a Pizza Hut outlet. The application for site plan approval
proposed to introduce a drive-through window and associated queue lane to the
existing Kentucky Fried Chicken establishment, as well as other site
modifications, to accommodated the proposed development.
1.2 From the outset of the application, staff identified access to the site, and turning
movements on King Street, to and from the site as issues. The Municipality
originally requested closure of the most easterly access, in front of the Pizza Hut,
as a condition of approval. This was unacceptable to the applicants. As a
compromise, staff negotiated to leave the entrance open as a restricted right-in
design, subject to traffic monitoring and the ability of the Municipality to modify or
close the entrance in the future should traffic monitoring identify issues.
1.3 Both Engineering and Planning Services staff believed a resolution to the issue,
based on the traffic monitoring requirement, had been achieved. However, when
the applicant returned the executed site plan agreements, the monitoring clause,
providing the Director of Engineering the ability to modify or close the entrance,
was deleted from the agreement. When the applicant's solicitor was advised that
without such condition, the Municipality would not execute the agreement, the
condition of site plan approval was appealed to the Ontario Municipal Board.
Subsequently, the Directors of Engineering and Planning Services withdrew their
recommendation of approval, and the entire site plan was appealed by the
applicants. The applicants also filed an appeal to the passage of the Interim
Control By-law for the King Street East Corridor.
626
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REPORT NO.: PSD-019-03
PAGE 3
2.0 OMB HEARING
2.1 The Municipality's solicitor prepared a motion to adjourn the hearin!1 due to the
Interim Control By-law passed by the Municipality with respect to the King Street
East Corridor. The motion Was sujfpOrted by an affidavit from the Director of
Planning Services and Manager of Community Planning and Design detailing the
history of the file and verbal agreement to the traffic monitoring clause, the need
for a comprehensive study of land use, traffic and urban design issues for the
King Street East corridor and the need to hear all appeals on the Interim Control
By-law together. The last day for appeals to the Interim Control By-law is March
7th, 2003. The solicitor argued that the Municipality needs to protect the public
interest by undertaking the study authorized by Council. Accordingly, he
submitted that further development of the site was not appropriate while the
Interim Control By-law was in effect and prior to the Municipality undertaking their
study. Furthermore, the appeal to the Interim Control By-law should be heard
together with any other appeal of the By-law to ensure all common issues are
dealt with in a similar manner. The solicitor advised the Board that the
Municipality had no objection to consolidating this appeal with appeals to the
Interim Control By-law. Accordingly, he concluded the appeal by John and Janet
Rice should be adjourned until all appeals on the Interim Control By-law were
heard.
2.2 In response, the solicitor for the applicant argued that the Municipality passed the
Interim Control By-law only to frustrate his client. Moreover, both the Pizza Hut
outlet and the Kentucky Fried Chicken outlet are both operating today, therefore,
approval of the site plan for the drive-through, would not increase the usability of
the site. In addition, the applicant's solicitor argued that site plan approval was
not necessary for the proposed drive-through window and associate revisions to
on-site traffic configuration.
627
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REPORT NO.: PSD-019-03
PAGE 4
3.0 DECISION
3.1 In an oral decision, the Board allowed the adjoufliment, noting th~t to approve
the site plan would approve a use the Interim Control By-law does not permit.
However, the Board set April 10, 2003 for a pre-hearing of all the appeals to the
Municipality's Interim Control By-law. In addition, April 29, 30 arid May 1, 2003
were set as hearing dates for appeals to the Municipality's Interim Control By-
law, as well as the adjourned appeal to site plan approval by John and Janet
Rice.
628