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HomeMy WebLinkAboutPSD-007-07 cmr.n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: PSD-007 -07 File #: SPA 2003-030 GPA' (Jt/7~07 By-law #: Date: Monday, January 8, 2007 Subject: STONE'S THROW PUB AND GRILL: APPLICATION FOR OUTDOOR LIQUOR LICENSE LICENSE NO. 812230, NOTICE OF PROPOSAL #14600 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council that the following resolution be adopted FORTHWITH: WHEREAS the "A Stone's Throw Pub and Grill" has been established in the Aspen Springs Plaza at 39 Martin Road and has an approved liquor license for indoor purposes for up to 135 people; WHEREAS the "A Stone's Throw Pub and Grill" has applied to the Alcohol and Gaming Commission of Ontario for a liquor license for an outdoor patio; WHEREAS the neighbours have expressed concerns to municipal officials about noise from the Pub and about drunken behaviour of some patrons exiting the pub late at night; WHEREAS the Municipality has not granted site plan approval for an outdoor patio and therefore an outdoor patio is not permitted under the current site plan agreement; WHEREAS neither the "A Stone's Throw Pub and Grill" nor the landlord of 39 Martin Road have applied to the Municipality for an amendment to the site plan to permit an outdoor patio; THEREFORE BE IT RESOLVED THAT the Alcohol and Gaming Commission of Ontario be advised that the Municipality does not support a liquor license for an outdoor patio for the "A Stone's Throw Pub and Grill" on the basis of incompatibility with the surrounding residential uses and the lack of Municipal approvals and non-compliance with the site plan agreement; and REPORT NO.: PSD-007-07 PAGE 2 THAT a copy of Council's resolution be forwarded to the Alcohol and Gaming Commission of Ontario; and THAT staff be authorized to appear at the hearing of the Alcohol and Gaming Commission of Ontario on January 10th, 2007 in support of Council's resolution. Submitted by: . d~ ,rt" Reviewed by:. ---.J lA.-) ~ Franklin Wu, Chief Administrative Officer DJC*RH*sn December 18, 2006 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-007-07 PAGE 3 REPORT 1. The Aspen Springs Plaza, developed and owned by the Kaitlin Group, is located at 39 Martin Road (Regional Road 57) north of Hartwell Avenue in Bowmanville. The property has been zoned for commercial uses for over a decade but a plaza was recently constructed in 2005. 2. The property is zoned to permit a pub and a restaurant. On December 5, 2006. A Stone’s Throw Pub and Grill opened on the premises. It is their intent to have an outdoor patio area located on the north side of the building, where parking currently exists. 3. Site plan approval for the plaza was issued on September 23, 2004. At the time, the tenants were not known. Although under the zoning by-law, an outdoor patio may be considered accessory use related to the pub, it must be approved appropriately designed and approved under the site plan control powers of the Municipality. 4. Staff commented to the Alcohol and Gaming Commission of Ontario (AGCO) on the liquor license application for the indoor premises and the outdoor patio. Staff advised that the property is properly zoned for a pub and restaurant. However, site plan approval and the development agreement did not contain provision for an outdoor patio. Staff filed an objection was filed with respect to the issuance of a liquor license for an outdoor patio. 5. Staff repeatedly informed the pub owner, the real estate agent for the pub owner, and the real estate agent for the developer that an amendment to site plan approval is required to consider an outdoor patio for the site. While the amount of available parking would not an issue, the applicant must demonstrate that the patio would not cause any noise problems for adjacent residents. As part of the site plan amendment process, the applicant would be required to submit noise and visual privacy studies and ways of addressing those impacts. The Planning Services Department has not received the necessary site plan amendment application nor the necessary supporting information to date. In staff’s view, given the current design of the facility and the proposed location of the outdoor patio, it would not be possible to adequately address impacts on adjacent residents. 6. The Municipality has received a number of complaints about the pub since it opened including noise from patrons, sound system noise from live bands, public drunkenness and lewd behaviour. 7. It is recommended that Council oppose the granting of a liquor license for an outdoor patio. It is recommended that a member of staff be directed to present Council’s position at the hearing of the AGCO on the patio liquor license application to be held in Oshawa on January 10, 2007. REPORT NO.: PSD-007-07 PAGE 4 List of interested parties to be advised of Council's decision: The Kaitlin Group A Stone’s Throw Pub and Grill Mike and Gail Palmer Aaron and Susan Gaudon David and Kira Garneau