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HomeMy WebLinkAboutPD-31-84 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF FEBRUARY 6, 1984 REPORT NO. : PO-31 -84 SUBJECT: APPLICATION FOR REZONING - T. KLAWITTER PART LOT 15, BROKEN FRONT CONCESSION FORMER TOWNSHIP OF DARLINGTON, NOW IN THE TOWN OF NEWCASTLE - PROPOSED TAKE-OUT RESTAURANT - FILE: DEV 83-36 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-31 -84 be received; and 2. That a by-law to amend Zoning By-law 2111 of the former Township of Darlington , as amended, be forwarded to Council for approval at such time as the applicant has satisfied the requirements of the Central Lake Ontario Conservation Authority and the Regional Municipality of Durham. . . .2_ REPORT NO. : PO-31-84 Page 2 BACKGROUND: In November, 1983, the Town of Newcastle received an application for rezoning submitted by Mr. T. Klawitter to amend Zoning By-law 2.111 of the former Township of Darlington. The proposed rezoning would facilitate the use of the subject lands for a Take-out Restaurant , approximate- ly 232.25m2 (2,500 square feet) in size. The site is presently designated "Industrial " within the Durham Regional Official Plan. Section 8.4.2.1 of the Durham Plan stipulates that in addition to industrial uses, certain commercial uses such as restaurants may be permitted in industrial areas. Section 8.4.3.2 furthermore states that limited development may take place on private services prior to the availability of complete municipal services if the use is of a dry nature. In this regard, the proposed rezoning would appear to be in conformity with the Official Plan policies. Schedule "A" within the Region of Durham Official Plan would also indicate that a portion of the property falls within the Major Open Space system designation and accordingly, would be noted in the reviewing of the application. COMMENTS: In accordance with departmental procedures , the subject proposal was circulated to a number of departments and agencies to obtain their input. The majority of the comments received did not identify any major objections to the application , but did highlight concerns related to "site planning needs" which will be dealt with through the site plan approval process. The following would however, summarize the comments received to date. . . .3 i REPORT NO. : PD-31-84 Page 3 Town of Newcastle - Works Department "We have reviewed this application for rezoning and have no objection to this proposal provided that an 8' road widening is dedicated to the Town for the entire frontage of the subject property." Town of Newcastle - Fire Department "This Department has no objection to the application for amendment to zoning By-law #2111 . Emergency fire response would be from Fire Station #1 , Bowmanville, which is within an acceptable travel distance. Municipal water supply for fire fighting purposes is available and is required to be - maximum measured distance from any portion of a building face to a fire hydrant not more than 300 feet. The construction to be in accordance with the Ontario Fire Code and the Ontario Building Code." Town of Newcastle - Community Services "In response to your application dated December 5, 1983 regarding the subject in question. Please be advised that I have no objections to the applicant 's request." Town of Newcastle - Building Department "No objections. On application for a building permit, plans will be reviewed for compliance with code requirements." Ministry of Natural Resources "No objections." Ministry of Transportation and Communications "Thank you for notifying us of Council 's consideration of zoning change in this area. . . .4 I REPORT NO. : PO-31-84 Page 4 While the subject lands fall within our permit control , we do not anticipate any conflict with our highway system. Direct access to Highway #401 is not required. After Council 's approval , but prior to the Owner finalizing his plans for the proposed use, the Owner should contact our District- Signs and Buildings Permits Inspector at our Port Hope District Office." C.N. Rail "Please refer to your letter of December 5, 1983, regarding the above subject. We have reviewed the application and have no objections to Ontario Hydro "Thank you for providing us with an opportunity of reviewing the subject application at the draft stage of approval . We have now completed our review of the subject draft By-law amendment. Please be advised that we have no objection to the rezoning of the subject site to a Special Provision Zoning to permit a take-out restaurant. However, to ensure that the proposed restaurant will be located in a safe manner relative to our transmission lines, we ask that you forward a copy of the proposed site plan for our comments. Attached for your information , is a copy of the site survey plan illustrating our existing easement in green ." Region of Durham Planning Department - December 9, 1983 "Further to your request for comlments, we note that the subject site is designated "Industrial " in the Durham Regional Official Plan. Section 8.4.2.1 of the Durham Plan stipulates that, in addition to industrial uses , certain commercial uses such as restaurants may be permitted in Industrial Areas, provided that such uses are compatible with the industrial uses in the area and subject to the incorporation of appropriate provisions in the zoning by-law. .5 REPORT NO. : PD-31-84 Page 5 We are examining the provision of Regional services for the proposed development and will provide you with further comments upon completion of our investigation." January 10, 1984 Further to our letter dated December 9, 1983, we wish to add the following comments on Regional services : An existing watermain abutting the subject site on the South Service Road will provide sufficient capacity for the normal domestic demand for the proposed take-out restaurant. If a high degree of fire protection is required by the proposed development , a fire flow test would be required on the abutting watermain in order to determine the available fire fighting capacity. Sanitary sewer is not available to the subject site and the Region has no plans within its capital budget to extend this service to this particular area of the Town. However, since the proposed use appears to be a dry nature, limited development may be permitted prior to the availability of full municipal services in accordance with the provisions of Section 8.4.3.2 of the Durham Regional Official Plan. In this regard, an engineering report shall be required from the applicant indicating that the soil conditions on the site shall permit the installation of a temporary waste disposal system which complies with the standards of the Ministry of the Environment. We respectfully request that a copy of this report be made available to this Department and the Durham Regional Health Unit prior to the approval of the subject application. We note also that site servicing plans shall be required from the applicant when an application is made for water service connection." Region of Durham Health Unit "The above application for rezoning has been investigated by this Health Unit, and insofar as health matters are concerned, there are no objections to its approval , but will require floor plan of take-out and application for on site sewage disposal . . . .6 CG) REPORT NO. : PO-31-84 Page 6 I would, however, stress that this letter is not to be taken as a permit to install a private sewage disposal system at the site involved. The required permit will be issued only after a proper inspection of the land area involved has been made and said inspection will be carried out upon receipt of a formal application." Central Lake Ontario Conservation Authority Written confirmation not received as of date report was prepared, however, verbal comments received and as mentioned in staff' s comments of this report. STAFF COMMENTS: In reviewing the application it was noted that the parcel of land in question was situated within the area bounded by the Westside Creek, to the east , and Darlington Creek, to the west as shown on the Central Lake Ontario Conservation Authority' s Floodplain Mapping, Sheet No. 75, Project 7316-01 . Accordingly any development within same would require the approval of the Conservation Authority. Discussions with Conservation staff have indicated that they would require the applicant to apply for and be granted, a Fill and Construction Permit in order to develop the property, prior to their responding to the rezoning application. From the information as shown on the Floodplain Mapping and provided by Conservation staff, it would appear that the property will require approximately 0.30m (one foot) of fill in the area of the proposed development. The Conservation Authority furthermore indicated that should any approval be issued, concern would be expressed to the effect that the remaining portion of the site be appropriately zoned for the "protection of the area" i .e. Environmental Protection zone "EP". In addition to the comments as provided, Ontario Hydro in their letter of December 21 , 1983, further discussions with REPORT NO. : PO-31-34 / Page 7 Mr. Lougheed in their Property Development Department , substantiated their postion and further indicated that, should their Engineering Department in reviewing the proposal further, foresee the need for a setback requirement from the Hydro easement , they would advise staff of such a requirement. This would be offered for our information and inclusion within the Zoning By-law amendment as pertaining to the proposal . The "site planning needs" as briefly mentioned in the circulation section of this report have been noted by staff to be incorporated within the requirements of the site plan agreement pertaining to the development. In consideration of the above comments/concerns , staff have no objection to the application as submitted, subject meeting the requirements of the Central Lake Ontario Conservation Authority and the Regional Municipality of Durham. Respectf y ed, I T.T. Edwards, M.C.I.P. Director of Planning LDT*TTE*j i p January 13, 1934 Applicant: T. Klawitter 13 Roser Crescent BOWMANVILLE, Ontario L1 C 3N7