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Home My WebLink AboutPD-124-82 (d) i i i CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON, ONTARIO 1_013 1J0 TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JULY 26, 1982 REPORT NO. : PD-124-82 SUBJECT: APPLICATION FOR REZONING - JAMES CHOW PROPERTY - SOUTH-WEST CORNER OF KING ST. AND QUEEN ST. , BOWMANVILLE - Z-A-2-4-8 RECOMMENDATION: I It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-124-82 be received; and 2. That rezoning application Z-A-2-4-8 be denied without prejudice at this time; and 3. That the applicant be advised to resubmit the ` rezoning application (once Regional sanitary) " sewer services are available to the site; and 4. That a copy of Report and Council 's decision be �'� V' forwarded to the applicant. ° I BACKGROUND: In October, 1979, the Town of Newcastle received an application to amend Restricted Area By-law 1587 of the former Town of Bowmanville to permit the development of a 167 square metre (1800 square foot) restaurant on a 0.67 ha (1 .65 acre) parcel situated at the south-west corner of King Street and Queen Street in Bowmanville. d- Report No: PD-124-82 . . ./2 Through circulation of the application to the appropriate commenting agencies, it became apparent that it would not be possible to provide Regional sewer services to the subject property. Although there were existing watermains and sanitary sewers abutting the Queen Street frontage of the site, the sanitary sewers were operating under surcharge and the necessary capacity was not available to the subject proposal . Capacity would only become available once the Bowmanville Creek sewer diversion is constructed. This i sewer, at the time scheduled for construction in 1984, is intended to divert flows from the Bowmanville Creek Pumping Station, which is currently operating at capacity, to an existing sewer on Liberty Street. Once the flows are diverted and the Pumping Station shut down, capacity would be available to service the subject property via Phase III of the Rehder Avenue diversion sewer. No date was given for the construction of that sewer. It was also noted that Section 8.2.3.2 of the Durham Official Plan stipulates that "Central Areas shall be fully serviced by municipal water and sewage systems and that this shall be a necessary condition before development in Central Areas is permitted." i The Planning and Development Committee originally considered this rezoning application on March 3rd, 1980, at which time staff recommended in its Report that the application be denied and that the applicant be encouraged to resubmit an i application once sanitary sewer services were available to the site. The Committee resolved to table the application to give the applicant time to review the matter of the services with the Region of Durham. I i Report No: PD-124-82 . . ./3 In April 1980, the Town of Newcastle received, for comment, an application to amend the Durham Official Plan to permit the immediate development of the subject property. Sanitary services would be provided by a temporary sewage system until Regional services became available with the construction of the proposed sanitary sewer diversion. In its Report to the Planning and Development Committee meeting of May 12th, 1980, staff stated that the approval of the subject Official Plan Amendment would set a precedent which should not be encouraged, even as an interim measure, within urban areas where full municipal services are or can be made available. Regional Council , acting on a recommendation of its Planning Committee, denied the applicant's request for an Official Plan Amendment on April 30th, 1981 . On June 23rd, 1982, the Town of Newcastle received a letter from the applicant requesting that the rezoning application for the subject property be again brought before Council . It is as a result of this request that Town staff is bringing this Report forward for Council 's consideration. COMMENTS: The Region of Durham Public Works Department was contacted to obtain information on the current status of the proposed Bowmanville Creek and Rehder Avenue sanitary sewer diversions. Currently, the Bowmanville Creek diversion is included in the 1982 capital budget four-year forecast for construction in 1983, with this date being subject to Regional Council 's approval of the 1983 capital budget. I i i Report No: PD-124-82 . . ./4 However, no provision has been made in the capital budget for the construction of Phase III of the Rehder Avenue sewer. It should be noted that Section 8.2.3.2 of the Durham Official Plan, which stipulates that all development within Central Areas must be provided with municipal water and sewage service, is still germane to this application. Based on the foregoing, staff must reiterate that the approval of rezoning for this site must conform to the Durham Regional Official Plan and could not be approved unless such by-law included a specific requirement for full municipal services prior to issuance of building permits. This, in addition to site plan control , would prevent development until such time as all Regional and Municipal requirements have been satisfied. Notwithstanding this, staff are unwilling to recommend a rezoning of this site without the benefit of reviewing a specific development proposal which conforms to the intent of the Durham Regional Official Plan and the Bowmanville Urban Area Plan. In that regard, discussions with the applicant have indicated an uncertainty about the nature of the actual proposal and suggested that the submitted concept may not be proceeded with. In any event, the proposed use of the property for a drive-in restaurant does not, in staff's opinion, conform to the intent of the Regional Plan or the Urban Area Plan in that the type and character of use is more in keeping with a Special Purpose Commercial Area and not the historic business district of Bowmanville. However, should the applicant wish to submit a proposal which respects the architectural character of this important entrance to the Bowmanville Business Improvement area, staff would be willing to recommend approval of such a proposal , subject, of course, to the provision of full municipal services. Report No: PD-124-82 . . ./5 Therefore, it is recommended that Council deny the subject rezoning application and advise the applicant to reapply once full Regional sanitary sewer services are available to the site, and furthermore, that the applicant be advised that any new submission be designed in such a manner as to respect the historic architectural character of the downtown business improvement area. Respectfully,'subw tted, T. Edwards, M.C.I .P. Dire for of Planning JAS*TTE*mjc July 8, 1982 Applicant: James Chow c/o Kings Garden Restaurant 73 King Street East BOWMANVILLE, Ontario L1C 1N4 I i i t.1O;AlKw_y�F 13 12 101 ' Q �1 _ \P --'FOU�YFI— I dA3 A 1 h1FAii tD � �F(T-3�F.T-RbATi i I n F J n I Z = � FDSAlT 7(VF _--O� O Zi-SF O O O D �.. O m A H S I }} n 5IURNOCIC _ Z Io ra '1't PO/��ci� �� QaPC C C RIISt AVEw SUBJECT SITE I °` CIO I I Gl aW. a\r I i1 N { I O o sr 3 Uv < I C UJ RII(CF SIJp � Y v � J � O r O �� 7 n Z II VG y o/ YI BH U y IIARK\A 2 ARKYiA_ f KEY MAP 0 500 1000 2000ft TOWN OF BOWMANVILLE 500