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HomeMy WebLinkAboutP-132-81 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P., Director HAMPTON,ONTARIO LOB UO TEL.(416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF JULY 20, 1981. REPORT NO. : P-132-81 SUBJECT: Application for Rezoning Z-A-1-6-7 Part of Lot 35, Concession 2, former Township of Darlington, - The British Bulldog Ltd. RECOMMENDATIONS: R A ru r u nTTNn. It is respectfully recommended that: 1. Report P-13k 81 be received; and 2. Application by the British Bulldog Ltd. for re- zoning, File Z-A-1-6-7 affecting Part of Lot 35, Concession 2, former Township of Darlington be not approved and that the file be closed. The subject application requests an amendment to Restricted Area (Zoning) By-law 2111 of the former Township of Darlington to rezone 2590 square metre (27,878 square feet) parcel of land located in Lot 35, Concession 2, Darlington. The applicant had intended to have this site rezoned to commercial in order to permit the construction of a restaurant and tavern on the subject lands. i �l - 2 - The site is designated "Special Purpose Commercial" in the Region of Durham Official Plan. Section 8. 3.2.2 of the Plan would permit the proposed use, however, such a use is required to locate on larger parcels of land and requires the exposure to traffic. In addition, the Plan states that commercial activities are encouraged to consolidate into nodes, in order to accommodate an internal traffic circulation, thereby, limiting the number of access points on arterial roads. In this regard, the proposal would not conform with the policies of the Regional Plan. The application was circulated to the following departments for comment: The Durham Planning Department "Please be advised that the subject site is designated "Residential" in the Durham Regional Official Plan. Section 8.3.2.2 of the Durham Plan stipulates that "an existing commercial strip within or outside an urban area may be allowed to consolidate into a node, provided that such node is designated in accordance with good urban design principles and with common internal traffic circulation, common ingress and egress for traffic, and access to arterial roads only by service lanes or collector roads." In this regard, the subjectsite is located within a "Special Purpose Commercial Node" as per Amendment No. 12 to the Darlington Official Plan (Courtice Major Urban Area) . The proposed restaurant and accessory uses appears to conform to both the Durham and the Darlington Official Plan." Ontario Hydro "no objection" Newcastle Works Department "l. The existing storm sewer on Townline Road South was installed to service Carling Avenue (Oshawa) . Any connection thereto would be subject to the approval of the City of Oshawa Works Department. 2. The entranceway is to conform to the Town of Newcastle's Standards and Policy relative to same. 3. A dedication of a ten foot (10 ft.) strip is required for the arterial road. 4. Upgrading of the road and boulevard in the area adjacent to the subject property, will be required. 5. The Owner must be required to enter into a Site Plan Agreement with the Town of Newcastle." - 3 - Newcastle Building Department "After reviewing the above application, there are some concerns respecting parking facilities. With the occupant load permitted in the banquet hall and assuming they arrived 4 persons per vehicle, 84% of the available parking space could be used for this floor area alone. This would leave only 7 spaces for the remaining 2 floor areas, basement and 1st floor, which could have a combined occupant load in excess of two hundred persons. If additional parking is not provided it could lead to parking on the street." Newcastle Fire Department "The existing fire station is located approximately 4.2 km distance, with a response time of approximately 7.8 minutes. As development increases consideration should be given to upgrading fire department personnel and equipment. The pro- posed restaurant and tavern could possibly at times have a high occupant load if all three floors were in use at one time. A two hour fire separation would be required between the resi- dence and the proposed building. Refuse collection should be separated from the remainder of the building. Consideration should be given to requesting installation of a sprinkler system due to the use of three floors, occupant load and possible severe life hazard. Building fire safety requirements in conjunction with size and occupancy." Citv of Oshawa "City staff have reviewed this matter and offer the following comments if the rezoning is to be approved: 1. That the owner enter into a site plan agreement with the Town of Newcastle to ensure development of the site and the construction of services to the satisfaction of both the Town of Newcastle and The City of Oshawa. 2. The proposed storm sewer connection to the existing storm sewer on Townline Road South is not acceptable. This property is intended to be drained by a storm sewer outfalling to the Farewell Creek, south of Olive Avenue. The proposal to rezone the land to a commercial use will necessitate an additional 300 ft. length in the future storm sewer. Condition #3 below has been drafted on this assumption. 3. That the applicant pay to the City of Oshawa, on a fixed cost basis, the estimated cost of extending the future storm sewer on Townline Road South to this site; and further, that until such time as a storm sewer is available to service the site, an alternative outfall will have to be considered. 4. That the applicant convey to the City of Oshawa and the Town of Newcastle as joint owners, a 3 m road allowance widening along the entire frontage of the site. - 4 - In general it is felt that the subject site is not suitable for the proposed development and should be denied." COMMENTS: Staff have reviewed the application submitted by the British Bulldog Ltd. and based on the comments received through circulation, it would appear that their site is not suitable for a restaurant and tavern establishment. We note that in order for this proposal to be in conformity with the intent of the Region of Durham Official Plan, the subject lot should be larger than 2590.0 square metres (27,878 square feet) . In addition, this site is not considered as having adequate exposure to traffic as intended by the Regional Official Plan. Furthermore, the intent of Amendment 12 to the Darlington Official Plan, in designating this site as part of a "Special Purpose Commercial Node" was to encourage the consol- idation of a number of smaller properties and encourage the orientation of commercial uses towards Highway 2. To that end, staff recently prepared a draft by-law to implement the requirements of the Darlington Official Plan. Said by-law is presently being reviewed with affected property owners. In addition, Council should be aware of the fact that the applicants have abandoned this site and have a new location, upon which they are plan- ning to proceed with the restaurant and tavern proposal. The new location is suitably zoned for the proposed use and has sufficient size and exposure to traffic. In addition, staff note that the applicant has begun negotiating a site plan agreement with the staff and we are satisfied that the new site is much more appropriate for the type of use proposed. - 5 - CONCLUSION: Based upon the foregoing, we are unable to recommend approval of a rezoning of the subject parcel at the present time.