HomeMy WebLinkAboutPSD-082-03
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Cl~hJgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Report #:
PSD-082-03
File#:
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PLN 8.6.5
GP fI- /'55 -03
By-law #: d.-CCi3 - () c;g
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Date:
Monday June 16, 2003
Subject:
REQUEST FOR PARTIAL EXEMPTION
TO THE BOWMANVILLE KING STREET EAST INTERIM CONTROL BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-082-03 be received;
2. THAT the application for partial exemption to the Bowmanville - King Street East Interim Control
By-law submitted by Dana Anderson for the property at 234 King Street East be approved as
per the by-law contained in Attachment 3 and the by-law be passed;
3. THAT the application for partial exemption to the Bowmanville - King Street East Interim Control
By-law submitted by Sib-Jel Investments for the property at 241 King Street East be approved
as per the by-law contained in Attachment 4 and the by-law be passed;
4. THAT the application for partial exemption to the Bowmanville - King Street East Interim Control
By-law submitted by George and Tony Tzalis for the property at 240-242 King Street East be
denied; and
5. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by:
Reviewed by:
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Da id . rome, MCIP, R.P.P.
Director of Planning Services
Franklin Wu,
Chief Administrative Officer
CP*DJC'sn
June 9, 2002
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830
69936
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REPORT NO.: PSD-082-02
PAGE 2
1.0 APPLICATION DETAILS
1.1 The Municipality has received requests from 3 individuals for partial exemption to the
Interim Control By-law adopted in January 2003 (Attachment 1). The requests are as
follows:
. Dana Grant - 234 King Street East, to permit a martial arts studio and video
reproduction business in existing vacant 1850 fe floor space;
. Sib-Jellnvestments - 241 King Street East, to permit a dental office to occupy a
1200 ft2 unit previously used by Mary Brown Chicken;
. 591617 Ontario Limited - 240-242 King Street East, to permit a dance studio in a
vacant existing 1000 te floor space.
2.0 BACKGROUND
2.1 On January 6, 2003, Council adopted an Interim Control By-law 2003-001 for the area
identified as the King Street East Corridor in Bowmanville (See Attachment 2). The
Interim Control By-law has the effect of suspending the zoning rights in place on the day
prior to the adoption of the Interim Control By-law, and limits the permitted uses to those
specified in the By-law for a period of one (1) year. In addition to uses legally
established on the date of passage of the By-law, properties subject to the By-law may
only be used for a limited number of uses including a bakery, a day nursery, a laundry-
coin operated, a printing or publishing establishment, and service shop light.
2.2 In addition to adopting the Interim Control By-law, Council authorized staff to undertake
a land use and urban design, and transportation study of the lands subject to the Interim
Control By-law. The purpose of the study is to:
i) Assess the appropriateness of existing land use designations and development
policies within the King Street East Corridor Study Area;
ii) Assess the appropriateness of existing zone provisions, including both permitted
uses and development regulations;
iii) Develop a transportation and properly access management plan that can safely
and efficiently accommodate traffic from the anticipated growth of Clarington;
iv) Prepare an urban design plan for future development and redevelopment in the
Study Area; and,
v) Prepare an implementation strategy for future growth in this area.
2.3 A total of five (5) appeals to the Interim Control By-law were received within the sixty
(60) day appeal period. Staff were able to negotiate the withdrawal of two of the
69937
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REPORT NO.: PSD-082-02
PAGE 3
appeals, Bowmanville Mall and Jean-Coutu Group Ltd. (243 King Street East and 205
King Street East respectively), subject to certain use exemptions to the Interim Control
By-law. The appeal period from these exemptions recently expired and no appeals
were received. At this time an Ontario Municipal Board hearing has been scheduled to
commence June 23, 2003 to hear the appeals from the passing of the Interim Control
By-law, as well as the appeal by TDL respecting their site plan application and the
removal of holding symbol from the C2 zoning of this site. The KFC appeal of their site
plan application is scheduled for August 26 and 27, 2003.
3.0 DANA GRANT - 234 KING STREET EAST
3.1 This properly has a two-storey building with a total floor area of approximately 8000 te.
The properly has a frontage of 21.11 m on King Street East. At the time of the passing
of the Interim Control By-law the majority of the building was used for office space,
although the rear half of the first floor was vacant (1850 ft2). The last previous tenant in
the vacant portion of the building was an office type use. Staff have had numerous
discussions with Mr. Grant since the passing of the Interim Control By-law as to what
uses may be permitted to occupy the vacant floor space. In his application, as revised,
Mr. Grant has requested a partial exemption from the By-law to permit the vacant
portion of the building to be used as a martial arts studio and a business dealing with
audio and video reproductions.
3.2 The martial art studio is generally family oriented with its principal business being done
after school hours and on weekends. These hours are generally not in conflict with the
periods in which the existing uses in the building are most active. The 40 existing
parking spaces provided on site are sufficient to acc9mmodate the existing office
tenants as well as the proposed martial arts studio and video reproductions use, based
on the requirements of the zoning by-law. The video reproductions business has been
described as a service that is predominantly undertaken over the internet or by mail,
and few customers attend the premises. When the application was filed, a tanning
salon was included in the list of uses proposed to be exempted. This use is no longer
being pursued.
69938
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REPORT NO.: PSD-082-02
PAGE 4
3.3 The request for partial exemption for 234 King Street East has been reviewed with
Engineering Services and the Municipality's Transportation consultant, Totten Sims
Hubicki. They advised that in their opinion, granting the partial exemption would not
compromise the corridor study being undertaken.
4.0 SIB-JEL INVESTMENTS L TO. - 241 KING ST. E
4.1 241 King Street East is the end unit in a mixed used development with 6 commercial
tenants on the ground floor and 2 floors of residential above. Access to the property is
from Simpson Avenue. The properly does not have direct access to King Street East.
The parking area in front is developed jointly with the property to the west, 225 King
Street East (IGA), which only has access to Frank Street. The applicant is proposing to
replace an existing eating establishment use, Mary Brown's Chicken with a dental
office.
4.2 The request for partial exemption from the Interim Control By-law has been reviewed
with Engineering Services and Totten Sims Hubicki. In as much as the existing
development does not have direct access to King Street East, and the peak hour traffic
flows are being reduced, there is no objection from a traffic perspective. In as much as
the unit is within an existing plaza providing sufficient parking based on the existing
zoning requirements, there is no objection to the requested exemption. Granting of the
partial exemption would not compromise the corridor study.
5.0 TONY & GEORGE TZALlS ( ONTARIO L TO.) - 240-242 KING ST. E
5.1 240-242 King Street East has a building of approximately 2760 tf on a parcel with 40 ft.
of frontage and a lot area of 0.28 acres. The front half of the building is rented by a take
out pizza place. The applicant's have requested partial exemption from the Interim
Control By-law to permit a dance studio in the rear half of the building.
5.2 Staff have reviewed this request for partial exemption and determined that the proposed
new use would require a total of 11 parking spaces. The owner submitted a sketch in
support of the request showing how parking could be accommodated on site in the rear
69939
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REPORT NO.: PSD-082-02
PAGE 5
of the building. Access to the parking was based on the use of the vacant abutting
properly to the west as a road. The proponents do not have legal access over the
abutting lands to the west, and based on the survey submitted, there is only 8 ft
between the existing building and the properly line to provide access to the rear of the
building. This does not satisfy the Zoning By-law minimum of 6 metres (19.68 ft) for 2-
way traffic. The applicant is only able to accommodate five (5) parking spaces in front
of the existing building.
5.3 In consideration of the deficiency in parking it is recommended that the request for
exemption to the Interim Control By-law by Mr Tzalis be denied.
6.0 CONCLUSION
6.1 Based on the comments contained in the report, it is recommended that the request for
exemption for 234 and 241 King Street East be approved and that the proposed By-
laws contained in Attachments 3 and 4 be adopted and that the request for partial
exemption for 240 King Street East be denied.
Attachments:
Attachment 1 -
Attachment 2-
Attachment 3-
Attachment 4-
Location of properties requesting exemption
Key Map
Exemption By-law -234 King Street East
Exemption By-law -241 King Street East
Interested parties to be notified of Council' and Committee's decision:
Tony Tzalis
591617 Ontario Limited
13 Bruntsfield Street
Courtice, LIE 184
Sid Jelinek
Sib-Jellnvestments Ltd.
801 Eglinton Ave. W
Suite 100
Toronto, M5N 1 E3
Dana Grant
Friendly Landlord
73 Barley Mill Crescent
Bowmanville, L 1 C 4E9
69940
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Bowmanville Location Map PLN 8.6.5
69942
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2003-
being a by-law to amend Interim Control By-law 2003-01 as it applies to the lands
and premises known as 234 King Street East, Bowmanville
THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON hereby enacts as follows:
1. None of the provisions of section 1 of By-law 2003-01 shall apply to prohibit the use of
not more than 1,850 ff of an area contained in a building located on the lands known in
2003 for municipal purposes as 234 King Street East, Bowmanville and shown on the
map attached to and forming part of this By-law, for the purposes of a private club for
the teaching and practice of martial arts and a business, professional or administrative
office for the provision of services to the public related to the making. conversion or
alteration of audio and video recordings as permitted by By-law 84-63. as amended, as
it stood on January 5, 2003.
2. For the purposes of this By-law. the terms "private club" and "business, professionai or
administrative office" have the same meanings as were assigned to them by section 2
of By-law 84-63, as amended, as it stood on January 5, 2003.
BY-LAW read a first time this
day of
2003
BY-LAW read a second time this
day of
2003
BY-LAW read a third time and finally passed this
day of
2003
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
69943
ATTACHMENT 3
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2003-
being a by-law to amend Interim Control By-law 2003-01 as it applies to the lands
and premises known as 241 King Street East, Bowmanville
THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON hereby enacts as follows:
3. None of the provisions of section 1 of By-law 2003-01 shall apply to prohibit the use of
not more than 1,200 It' contained in a building located on the lands known in 2003 for
municipal purposes as 241 King Street East, Bowmanville, which is shown on the map
attached to and forming part of this By-law for the purposes of a business, professional
or administrative office for a dental office as permitted by By-law 84-63, as amended,
as it stood on January 5, 2003.
4. For the purposes of this By-law, the terms "business. professional or administrative
office" has the same meanings as was assigned to it by section 2 of By-law 84-63, as
amended, as it stood on January 5, 2003.
BY-LAW read a first time this
day of
2003
BY-LAW read a second time this
day of
2003
BY-LAW read a third time and finally passed this
day of
2003
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
69945
ATTACHMENT 4
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