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HomeMy WebLinkAboutPD-336-90 REPORT #2 TOWN OF NEWCASTLE ,�&COTTSXOU REPORT File Res. # By-Law # (STING: COUNCIL DATE: Monday, November 12, 1990 REPORT #: PD-336-90 FILE #: SUUCT: SITE PLAN APPLICATION 209 KING STREET EAST SCOTT'S FOOD SERVICE (JOHN RICE) RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PD-336-90 be received; 2 . THAT Mr. John Rice be advised that the Town is not prepared to accept his proposal as per his letter dated October 4, 1990, (October 30, 1990 Council Correspondence Item I-7) and that Mr. Rice shall convey the 6 . 6 feet road widening to the Town within two weeks and cause the site plan agreement to be executed forthwith. 1 . Background 1. 1 An application was made by Scott's Food Service for a 950 square feet expansion to the existing Kentucky Fried Chicken Restaurant, located at 209 King Street East, Bowmanville. 1.2 As a result of the review of the application, the Public Works Department requested a 6 . 6 feet wide road widening to be' deeded to the Town as part of the requirement of the Site Plan Agreement. 1 . 3 Mr. Rice indicated that he is not prepared to give up the land for road widening purposes . However, in exchange, he will convey two sight triangles to the Town (see attached sketch) . In reviewing . . .2 REPORT NO. : PD-336-90 PAGE 2 the proposal made by Mr. Rice, Staff feel that this is a significant deviation from Council's policies and we advised Mr. Rice that only Council has the authority to deal with this matter. 1.4 Subsequently, Mr. Rice appeared before Council on October 30, 1990 and the matter was referred to Staff for a report. In summary, Mr. Rice requested that the Town waive the 6 . 6 feet wide road widening requirement for the entire west side of St. George Street, between King and Queen Streets, a distance of approximately 330 feet. It is noted that the land required by the Town for road widening purpose through this site plan application only amounts to about 43 feet frontage. In return, Mr. Rice indicated that he will deed to the Town two 5 metre x 5 metre site triangles at the corner of King and St. George and at Queen and St. George Streets . 2 . COMMENTS: 2 . 1 Scott's Food Service application for site plan approval involves an addition of some 950 square feet of restaurant space. Under the provisions of the Planning Act and the Town's site plan by-law, where there is proposed development or redevelopment, the Town may require the Owner to provide "at no expense to the Town, widenings of highways that abut on the land" . In this instance, the required land for road widening purpose is 6 . 6 feet wide and about 43 feet in length. 2 .2 Road Design Guideline, as approved by Council requires all local roads to have a road allowance width of 66 feet. The current road allowance width of St. George Street is 52 . 8 feet. Half of the 13 . 2 feet deficiency or 6 . 6 feet will come from Scott's Food Service land. . . .3 REPORT NO. : PD-336-90 PAGE 3 2 . 3 Mr. Rice apparently owns lands abutting both sides of the Scott's Food Service lands and his proposal, if approved, will bind the Town in the future not to acquire similar width road widening on his properties should he redevelop these lands . 2 .4 The proposal by Mr. Rice is beyond the jurisdiction of Town Staff to deal with as it pertains to making a deal involving lands that are not subject to the site plan application. 2 .5 Staff's position on this matter has been and still is, that we should acquire the necessary land for road widening purpose now to ensure we will eventually have a road allowance width of 66 feet to meet today's standard. If the Town foregoes this requirement, we will be perpetuating the road width deficiency and set a precedence for others to follow. In addition, it should be noted that the general area is zoned "Commercial" and will undergo redevelopment for higher intensity use in the future. It is essential that local roads in the general area have sufficient width to meet future needs . 2 . 6 As far as the site triangles being offered by Mr. Rice as exchange for road widening, Staff wish to advise that should these properties be proposed for redevelopment in the future, the Town will be able to acquire the site triangles through the site plan approval process . Respectfully submitted, Recommended for presentation to the Committee 1 P f Franklin Wu, M.C. I .P. Lawrenc Kotseff Director of Planning Chief A 'nistrative and Development Officer Z&/��1 � Walter A. Evans, P.Eng. , Director of Public Works ac 31 October 1990 SIGH \v'I SIGHT TRIANGLE CHURCH STREET NO WIDENING- 2.38m I CONVERSION ROAD Moon--- NO OF AN WIDENING 528' WIDENING EXISTING 50.0' F, (1989) �. TAKEN DWELLING W (1980) W W uj W Smx5m I W F- SIGHT cn TRIANGLE U) 3.Om 3m X 3m WIIDEDNING TIRIANGLE KING STREET --- uj �- °W. }. 0 PROPOSED 2.4m I— m WIDENING W A&P Q _m J 5 8' EXISTING eD 52.8' PLAZA NG 5.18m CLOSED AND DWELLING CONVEYED TO AaP 1986 1.5 m CLEARANCE OD QUEEN STREET N to M ] ft t CONCESSION I I Si. pJ f`TQ���^IITT' I�y I1 4 �� ST.W r MFEET �AA ` O SUBJECT s � � CN SITE � INE F V CT Ot HIGHWAY OoO r n ® \ DRAWN S. R. DATE 31/10/90 �. ATTACHMENT KEY MAP