Loading...
HomeMy WebLinkAboutPSD-019-03 \<.. '4. q!Il-!Jlglon 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 ....... 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 -- . 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