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HomeMy WebLinkAboutPSD-139-03 , '- """.... .. < Cl. U L~~ Meeting: Date: REPORT PLANNING SERVICES PUBLIC MEETING GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, December 8,2003 '"01 Y- Re.$~c;.pp, - 44-.;1_03 Report #: PSD-139 -03 File #: ZBA 2003-018 By-law #: .;? 00 3 - IS.;l Subject: REZONING APPLICATION TO PERMIT A CONVENIENCE STORE APPLICANT: Sib-Jellnvestments Ltd. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-139-03 be received; 2. THAT the rezoning application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Alphonse Arsenault on behalf of Sib-Jellnvestments Ltd. be APPROVED; 3. THAT the amending By-law attached hereto be forwarded to Council for approval; 4. THAT a copy of Report PSD-139-03 and the attached amending By-law be forwarded to the Durham Region Planning Department; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: \. // (Lf ~ 1 ',.0 .... ,.h - - Reviewed by: '---.-/ ~ v'- '-.:' . - ... L Franklin Wu Chief Administrative Officer Davi . Crome, M.C.I.P.,RP.P. Director, Planning Services AR*CP*DC*sh December 1, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 686 .'_ #.- ;I. REPORT NO,: PSD-139-03 PAGE 2 ~ 1.0 APPLICATION DETAILS 1.1 Applicant: Alphonse Arsenault 1.2 Owner: Sib-Jellnvestments Ltd. 1.3 Rezoning: To rezone the subject lands from "General Commercial Exception (C1-30) Zone" to an appropriate zone to permit an existing convenience store in addition to the other permitted uses within the "General Commercial Exception (C1-30) Zone". 1.4 Location: Part Lot 10, Concession 1, former Town of Bowmanville, known as municipal address 229-241 King Street East, Bowmanville 2,0 LOCATION 2.1 The subject lands are located at 229-241 King Street East in Bowmanville, within Part Lot 10, Concession 1, of the former Town of Bowmanville (see Attachment 1). The property measures 3561 square metres (0.88 acres). The store in question, AI's Variety & Party Supplies, is located at 239 King Street East within an existing commercial plaza. 3,0 BACKGROUND 3.1 In February 2001, Planning Services Staff received a zoning compliance request from the law office of Chan Yeung Kang, who represented Keun Koo Lee in the purchase of an existing convenience store from Alphonse Arsenault. Planning Services Staff advised that a convenience store is not a permitted use within the zone. Staff met with Mr. Arsenault to advise of two options: he could rezone the property to permit the convenience store, or he could wait until a new comprehensive Zoning By-law was adopted for the Municipality. 3.2 On May 12, 2003, Staff received a rezoning application from Alphonse Arsenault on behalf of Sib-Jellnvestments Ltd. to permit the existing convenience store. 3.3 On January 6, 2003, Council had passed an Interim Control By-law affecting the east end of Bowmanville and the subject lands. At the time of the subject rezoning application, development was frozen in the area to allow the Municipality and their consultants to undertake a land use and traffic study. As a result, Staff advised that Council was unable to consider the rezoning application until after the expiry or repeal of the Interim Control By-law. 3.4 The Interim Control By-law was repealed on October 20, 2003. Staff scheduled the public meeting for the subject application for the first meeting following the municipal election. 607 ~ REPORT NO.: PSD-139-03 PAGE 3 4,0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 There is a 973 square metre (10478 square foot) mixed-use building on the property. The three-storey building contains commercial uses at grade and residential dwelling units above. The parking area for the commercial is located in front of the building and is accessible from both King Street East and Simpson Avenue. The parking for the residential uses is located at the rear. 4.2 Surrounding Uses: East: Commercial (Bowmanville Mall) North: Commercial and Residential (Hendry Apartment Building) West: Commercial (IGA) South: Residential (single detached dwellings) 5,0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the subject lands "Street Related Commercial Area" within the Bowmanville East Main Central Area Secondary Plan. Main Central Areas serve as focal points of economic, social and cultural activities for the Municipality. Permitted uses include a full array of retail and personal service, office, residential, cultural, community, recreational and institutional uses. A convenience store use would conform to the Official Plan policies. As this proposal does not include redevelopment of the site, the urban design principles and site development criteria for the "Street-Related Commercial Area" will not be implemented through this application. 6,0 ZONING BY.LAW CONFORMITY 6.1 Through Amendment 36, to the Clarington Official Plan and Zoning By-law 2003- 153 approved October 20, 2003 and subject to appeal, the property is zoned "General Commercial Exception (C1-30) Zone", which does not permit the proposed convenience store. In order to permit the additional use, a rezoning application has been submitted for consideration. 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the property. 7.2 As of the writing of this report, one inquiry from a member of the public has been received by Planning Services Staff. This was a request for clarification on the nature of the application and the individual had no objection or concerns with the proposal. 608 ~ REPORT NO.: PSD-139-03 PAGE 4 8.0 AGENCY COMMENTS 8.1 The application was circulated to the Clarington Engineering Services Department, the Clarington Emergency Services Department, the Durham Region Planning Department, and the Durham Region Works Department. No objections or concerns were raised by any circulated agency. 9.0 COMMENTS 9.1 The subject lands were zoned "General Commercial (C1)" until October 2003, when By-law 2003-153 was passed to implement the recommendations of the King Street East Corridor Study Final report. With the passing of that by-law, the zoning of the subject lands was changed to "C1-30". The changes to the zoning related principally to provisions for drive-through development and for achieving street-related urban form. As no site development is proposed through this application, and as the rezoning sought relates only to the use of the property, the new provisions of the "C1-30. zoning will not impact this application. 9.2 Official Plan Amendment No. 36 and Zoning By-law 2003-153 have been appealed to the Ontario Municipal Board by 3 separate parties. However, the appeal relates to the redesignation of other properties within the King Street East Corridor. The appeal should have no implications for the subject application. 9.3 Mr. Arsenault has operated a convenience store in the King Street East area for approximately 15 years. He first operated from an existing convenience store at 219 King Street East. The convenience store use at this first location would have been legally non-conforming following the passing of the by-law in 1987. In 1998, he moved to a smaller store at 239 King Street East, which did not have legally non-conforming status. Mr. Arsenault would like to retire from the business and the subject rezoning would enable the sale of the store to take place. 9.4 The King Street East area has recently gone through an in-depth review of land uses and traffic issues. Permitting this use at this location would not compromise the goals of the Bowmanville King Street East Corridor Study. In future, should the site be redeveloped and should a site plan application be required, the urban design guidelines can be used to improve the pedestrian environment and to more clearly define the public realm. 10.0 CONCLUSIONS 10.1 Based on the comments contained in this report, it is respectfully recommended that the rezoning application be APPROVED. 6J9 REPORT NO.: PSD-139-03 PAGE 5 Attachments: Attachment 1 - Key Map Attachment 2 - By-law Amendment Interested parties to be notified of Council's decision: Alphonse Arsenault 174 Simpson Avenue Bowmanville, ON L 1C 2J1 Sid Jelinek Sib-Jellnvestments Ltd. Suite 100, 801 Eglinton Ave. West Toronto, ON M5N 1 E3 Chan Yeung Kang Barrister and Solicitor Suite #210,280 Sheppard Avenue East Toronto, Ontario M2N 3B1 610 ATTACHMENT 1 KINC SlREET EAST (rtJRAtfR K.wc,> NlGHWA Y No P/ 11lP. RAN M> ~ . h'l/'rS P.<'I' 25629 - au? rl?J AAIV lOR F'''_'ART ? r-- - - J:-I- - .. -~'i: ~~ T =2{R) 1<,,', jl ~Ef----- -. ,~~~~ ~,' _xm ....-:2~:f; '~:r-'"' ;:;"'1 PART I :~'i" .::r, Ul 1 ;1' 3':; I l:!: Q ~ y_"'.EU ~o 10'-"'''''''' ~5 ",. ""5' ~" ; "'V.V~' "9"'7 r' 'N"~'-"'-" "go I ;1 ;1 J9U '------- --:::-.~-- _. . PART CD r-- ~ ~ " ~ I ~. " ~ ' V) I .f; ~ 'r'~' ~ ..", ~~' : ~11~-' ; _~_ _12--1__~~ ~ :t'~ f {I ~:~ . I ~ I ~ ~i ~I ~ L~Ti ::<; ~ !)21 ;: t<:~,f 1 ------.- ~\ I PART , S -OT~..,_w_'sm.-..w --' ,\5 PLAN 5 t f- o --' '" , ~ ~ ~~ .- ~ h ~ ~ ~ , ~ [ <.:, , ~ c " ,. '" I , J , , ., e.G. HAN~ING'S <> ~ 1 -i' PART 2 :>09 .~ .~ .~ ...~ ..,ronxn . . 1 -i' ~,,-if'" 19""", s'<!"-' ':f- '0\.OC ~ i f' LOT 18 1 L , " PART 6 " -( , ~-;,"O"OOT ~"'-;{-,-_., .",.". m ~ 9: ~ V) -,,-- ,J_ ,.. .3.!"""' . ~".".,'>oT L "'~';::7 ~~!~T 7~M> N.,~-,,7 ij' L6r"i&<T'e'~34' '!'-~'t,;,_."'~- /-;;';~.."_...,,, - <>.)1) """. ~ , '0 ...,.,."".,."." ~ -~, l~ _r~y",:".. '5 ... PART 1";0 -"""'''''r , i -I LOT l '"~ on, ...., ,:!..""".".! LOT 10 LOT 11 PIN /66J~ _ ~r",J PIN .?66.u-~,R/ REG. PLAN No. 677 - -'- - -- - - ---'--..- Bowmanville Key Map "l 'CHURCH t;J STREET cr --JiD~D! j!DIDI KLNG Jt OOEEN ~Rm ~ ~ PRINCE STREET "\"J.~ I, "--.r [ ZBA 2003-018 Zoning By-law Amendment ~ w ~ ~ Owner: Sib-Jel Investments Ltd. illC. z ASH"'" o .!lI . ~ 6 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003-_ being a By-Law to amend By, Law 84-63, the Comprehensive Zoning By-Law for the Corporation of the Municipality of Clarington WHEREAS the Council of the CorpDration of the Municipality of Clarington deems it advisable tD amend By-Law 84-63, as amended, of the Corporation of the former TDwn of Newcastle in accordance w~h application ZBA 2003-018 to permit an existing convenience stDre in additiDn to the other permitted uses within the "General Commercial ExceptiDn (C1-30) Zone"; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is hereby amended by introducing a new subsection 16.5.31 as follows: "16.5.31 GENERAL COMMERCIAL EXCEPTION (C1-31) ZONE Notwithstanding the provisions of Section 16.1 , those lands zoned C1-31 on the Schedules to this By-law may also be used for a convenience store, in addition to the permitted uses in the C1-30 zone and subject to the provisions of the C1-30 Zone." 2. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation frDm: "General Commercial Exception (C1-30) Zone" to "General Commercial Exception (C1-31) Zone" as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached heretD shall form part of this By-Law. 4. This By-Law shall come into effect on the date of the passing hereof, subject tD the provisions of Section 34 of the Planning Act, RS.O. 1990. By-Law read a first time this day Df 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 b i ATTACHMENT 2 . This is Schedule "A" to By-law 2003- passed this day of ,2003 A.D. KINe STREET EAST r'-~~",,::~:::::,:-',:::, - '-"''''''''''J H-<N 1.% / ,''', PART ,v ~ .''''''', ii i t , '-: " I CG l'IAIJ~'- I )~ "-'"i ,1..:t:~ '~/"'\-,,\~,,~,,_\ \;\/;,<!..;',~.! 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Berrie, Mun:cipe' Cler~ ~...I II" , , , , fU' N'i- lllN II ,I " I ~ ) s~~ [ ~ Bowm;~ville :JJI:' ., . Cp . lfrn i!f m'~if j I I ItnL- vi t<!,\jG r~rlm"T! Ijbkd~~lg! QUEE' STREET ~L~ en ~ ~~ PRINe:. STREET STREET EAST I ! VJ; I I imJ~i z ASHJALE I s: 11'1111 I LAKERIOGE HEALTH CENTRE , , 6 J ~ . I I I Subject '1 Site --"