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Report To: Planning and Development Committee
Date of Meeting: June 26, 2017
Report Number: PSD-052-17 Resolution Number: PD-142-17
File Number: COPA 2017-0002 and ZBA 2017-0002 By-law Number: 2017-058
Report Subject: An Application by Newcastle Lodge for Senior and Family Dwellings
to Construct a four Storey Residential Building on King Avenue East,
Newcastle
Recommendations:
1.That Report PSD-052-17 be received;
2.That the Zoning By-law Amendment application submitted by Newcastle Lodge for Senior
and Family Dwellings be approved as contained in Attachment 1 to Report PSD-052-17;
3.That the file COPA 2017-0002 be closed as an amendment to the Clarington Official Plan
is not required to permit the proposed revised residential building addition.
4.That through Site Plan submission the owners be required incorporate appropriate
architectural details in the design of the addition and/or erect a suitable plaque as part of
the design of the building addition to commemorate the history of the property at 153 King
Avenue East;
5.That the Durham Regional Planning and Economic Development Department and Municipal
Property Assessment Corporation be forwarded a copy of Report PSD-052-17 and
Council’s decision; and
6.That all interested parties listed in Report PSD-052-17 and any delegations be advised of
Council’s decision.
Municipality of Clarington
Report PSD-052-17 Page 2
Report Overview
This is a recommendation report for an application by Newcastle Lodge for Senior & Family
Dwellings (known as Parkview Lodge) to permit a four storey building consisting of a 52
residential unit expansion to the existing two storey building with 43 units at 165 King
Avenue East (See Figure 1).
The zoning by-law will create a building envelope for the apartment building with site specific
regulations for parking, loading, amenity space, and building relationship to the street. Staff
will continue to work with the applicant through the site plan process to ensure that the
building design, landscaping, lighting and pedestrian connectivity meet the Municipality’s
urban design policies and guidelines.
1. Application Details
1.1. Owner/Applicant: Newcastle Lodge for Senior & Family Dwellings (known as
Parkview Lodge)
1.2. Revised Proposal: An amendment to the Zoning By-law to permit the construction of
a four storey, residential building
1.3 Area: 0.80 ha
1.4 Location: 153 and 165 King Avenue East, Newcastle
1.5 Within Built Boundary: Yes
2. Background
2.1 The subject lands are comprised of two properties:
• 153 King Avenue East – Contains a one and a half storey detached dwelling
converted to three rental units; and
• 165 King Avenue East – Contains the existing two storey, 43 unit Parkview Lodge.
Municipality of Clarington
Report PSD-052-17 Page 3
Figure 1: The subject site, revised site plan and the surrounding neighbourhood
2.2 On December 1, 2016 the Parkview Lodge team attended a pre-consultation, where
Municipal staff and agencies offered feedback on the development proposal.
2.3 On February 3, 2017 an application for a proposed Zoning By-law Amendment was
submitted. The applicant also submitted an Official Plan Amendment on February 17,
2017. Both applications were deemed complete on February 24, 2017.
2.4 The applications as initially submitted were for a six storey addition containing 91
residential units with 88 parking spaces (44 ground level parking spaces and 44
underground spaces). The applicant proposed a Floor Space Index (FSI) of 1.21.
Although the proposal complied with Council-adopted Official Plan Amendment 107
(OPA107), an official plan amendment was submitted out of caution should the
application proceed ahead of OPA 107 becoming final and binding.
Municipality of Clarington
Report PSD-052-17 Page 4
2.5 The Public Meeting under the Planning Act was held on April 3, 2017. Since that time, the
applicants revised their submission to address staff, agency and public comments. The
revisions reduce the number of units to 52 and the height of the building to four storeys.
Modifications were also made to setbacks and parking. The proposed four storey
building has a floor space index of 0.80 and is considered to be in conformity with the
current Newcastle Village Centre Secondary Plan. The application to amend the
Clarington Official Plan is no longer required.
2.6 The Municipality initially received the following reports in support of the amendment to the
Clarington Official Plan and Zoning By-law applications:
• Traffic Impact Assessment and Parking Justification Study
• Servicing and Functional Review
• Heritage Impact Assessment
• Design Rationale Report
• Shadow Study
The revised proposal addresses staff, agency and public comments required for the
rezoning application. Further revisions to the supporting documents are not required at
this time. Additional detail/studies will be required at site plan stage to address building
design and servicing.
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are located on the south side of King Avenue East and currently used
for residential uses. See Figures 2 and 3. The topography is generally flat with a number
of mature urban trees framing the street and existing buildings.
Figure 2: Existing single detached dwelling at 153 King Avenue east to be demolished
Municipality of Clarington
Report PSD-052-17 Page 5
Figure 3: Existing Parkview Lodge buildings and mature urban trees
3.2 The surrounding uses are as follows:
North The Clarington Public Library Newcastle Branch across King Avenue East
South Single family homes
East Two storey commercial building across the walkway connecting Harmer
Drive with King Avenue East.
West One detached one storey dwelling and a one storey commercial building
(Foodland)
4. Provincial Policy
4.1 Provincial Policy Statement
The Provincial Policy Statement (PPS) promotes efficient land use and development
patterns that accommodate an appropriate range and mix of residential uses including
affordable housing and housing for older persons and commercial uses.
Development is supported within existing urban areas where infrastructure and public
service facilities are available. The Provincial Policy Statement promotes development
and redevelopment through intensification and redevelopment at a higher density than
existing today.
The Provincial Policy Statement supports long-term economic prosperity by maintaining
and enhancing the vitality and viability of downtowns and main streets, and by promoting
well-designed built form and by conserving features that help to define the character. The
proposed development conforms to the Provincial Policy Statement.
Municipality of Clarington
Report PSD-052-17 Page 6
4.2 Provincial Growth Plan
The Growth Plan promotes building compact, transit-supportive and pedestrian-friendly
communities. The subject properties are located within the “Built Boundary” for the
Newcastle Urban Area. The Growth Plan directs a significant portion of new growth to
built-up areas to optimize existing land supply and better utilize existing municipal
services. The policies of the Growth Plan establish that intensification areas will be
planned and designed to achieve an appropriate transition of built form with adjacent
areas.
The Growth Plan encourages development of complete communities with a diverse mix
of employment land and housing types and easy access to local stores and services. A
priority of the Plan is to manage growth in a manner that will optimize existing
infrastructure, support a strong economy and create complete communities. The
proposed development will contribute to intensification within the built boundary.
5. Official Plans
5.1 Durham Regional Official Plan
The subject sites are located within the "Regional Centre" designation in the Regional
Official Plan. Regional Centres shall be planned and developed as the main
concentrations of urban activities, providing a fully integrated array of institutional,
commercial, major retail, residential, recreational, cultural, entertainment and major office
uses.
The Regional Plan encourages development of high quality design which places
pedestrians and connections in close proximity to transit as a top priority. The overall,
long-term density target of the Regional Official Plan for this area is at least 75 residential
units per gross hectare and a floor space index (FSI) of 2.5.
The proposal generally conforms to the policies of the Regional Official Plan and
contributes to the overall long-term density targets of the Plan.
5.2 Clarington Official Plan
Current Clarington Official Plan/Secondary Plan
The Clarington Official Plan designation for the subject properties is Village Centre.
Village Centres shall be designed as the main concentration of urban activity and to
maintain and enhance the character of the community.
Within the Newcastle Village Centre Secondary Plan the subject lands are designated as
follows:
• 153 King Avenue East – “Mixed Use Area”; and noted as a Heritage Building on Land
Use Map A;
• 165 King Avenue East – “Medium Density Residential”.
Municipality of Clarington
Report PSD-052-17 Page 7
“Mixed Use Area” and “Medium Density Residential” permit the residential building
addition that is proposed by the revised application.
General land use policies of the Newcastle Village Centre Secondary Plan limit the
maximum height of buildings to four storeys and a maximum Floor Spaces Index of 0.75.
The interpretation policies of the Clarington Official Plan allow a 10% deviation to
numbers provided in the policies. The proposed four storeys building and floor space
index of 0.80 is deemed to conform to the policies of the Clarington Official Plan and the
Newcastle Village Centre Secondary Plan.
Clarington Official Plan (OPA 107)
The Clarington Official Plan as amended by OPA 107 establishes a target Floor Space
Index of 1.0 measured over the entire Village Centre. The Village Centre designation will
allow building heights between two and six storeys.
The existing two storeys Parkview Lodge has a Floor Space Index of 0.37. The proposed
four storeys expansion is within the building height permitted, between two and six
storeys permitted by OPA 107, and will contribute towards the long range Floor Space
Index targets by increasing the Floor Space Index to 0.80.The proposed development
conforms with OPA 107.
5.3 Urban Design Policies and Guidelines
The Urban design policies of the Clarington Official Plan for Village Centres require
buildings be sited near the street with direct access to the street; The Newcastle Village
Centre Urban Design Guidelines were prepared under the existing Secondary Plan. They
provide direction for how new development can effectively blend into the existing built
form of downtown Newcastle. These guidelines shall be used in conjunction with the
urban design policies of the Official Plan and other site specific requirements to review
any future site plan application for the property.
6. Zoning By-law
Zoning By-law 84-63 zones the subject lands as follows:
• Urban Residential Type Exception (R4-2) Zone – 165 King Avenue East.
• General Commercial (C1) Zone – 153 King Avenue East; and
The existing Urban Residential Type Exception (R4-2) Zone is proposed to be revised
and expanded to include 153 King Avenue East to implement the proposed building.
Municipality of Clarington
Report PSD-052-17 Page 8
7. Public Submissions
7.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and one public meeting notice sign was installed on the site facing King Avenue East.
The public notice was also posted on the Municipal website and in the Planning Services
electronic newsletter.
7.2 The Applicant provided six letters in support of the application from the following
associations and businesses on March 25, 2017:
• Newcastle Village and District Historical Society;
• Newcastle/Bond Head Ratepayers Association;
• The Catholic Women’s League of Canada;
• A Gift of Art, The Clarington Artist & Artisan’s Outlet;
• Newcastle & District Chamber of Commerce; and
• The Lions Club of Newcastle.
7.3 At the Public Meeting on April 3, 2017, one local resident spoke raising concerns with the
application. In addition, one resident contacted staff to agree with the idea of housing for
seniors but objects to the design. Both residents expressed concerns for:
• Loss of privacy due to the proposed height of the building
• Diminished sunlight
• Increase traffic and parking issues
• Expansion that is too close to the street
• Not enough landscaping
• Not enough two bedroom units
8. Agency Comments
8.1 Regional Municipality of Durham
The Region has no concerns with the proposed rezoning of the subject site.
Regional Planning finds the proposed use is consistent with provincial planning policies
and generally conforms to the Durham Regional Official Plan.
The subject lands front onto King Avenue East, a designated Type ‘A’ Arterial Road.
Noise Impact Study will be required to identify noise levels for units adjacent to the
arterial road. The proponent will be required to implement in a Site Plan Agreement
noise attenuation measures and warning clauses for the development to the satisfaction
of the Region.
Water supply and sanitary servicing are available from the existing connections on King
Avenue East.
Municipality of Clarington
Report PSD-052-17 Page 9
Municipal waste collection services can be provided on-site subject to compliance with
standards and specifications on the Region’s Waste By-law.
Regional Works has reviewed the Traffic Impact Assessment and Parking Justification
Study. The Region agrees with the conclusions of the Traffic Impact Assessment. The
site design will need to consider accessibility of the development for non-car modes of
travel.
Durham Region Transit requires that the site plan provide accessible pedestrian
connections between building access points, sidewalk network and transit stops.
8.2 Other Agencies
Veridian, Enbridge, Rogers and Canada Post have all advised they have no objections to
the rezoning. Technical comments related to the future site plan application have been
forwarded to the applicant.
9. Departmental Comments
9.1 Engineering Services
The Engineering Services Department has no objection to the proposed rezoning
application.
Engineering Services Department has reviewed the above-noted application and has no
objection to the proposed revision to a four storey building. They agree with the
recommendations provided by the applicant in regards to parking. The applicant will be
required to submit additional details/plans to address Grading, Drainage, Soil
Management, Truck Turning Movement Plan and Servicing at the Site Plan Approval
Stage.
9.2 Emergency and Fire Services
The Emergency and Fire Services Department has no objection to this application.
9.3 Operations
The Operations Department has no objection and provided comments that can be
implemented at the site plan approval stage should the applications be approved.
9.4 Building Division
The Building Division has no objections.
9.5 Finance Department
The Finance Department has confirmed that the taxes on the subject properties have
been paid up-to-date.
Municipality of Clarington
Report PSD-052-17 Page 10
10. Discussion
10.1 Intensification
The four storey residential building will be a good intensification project in downtown
Newcastle. The original 6 storey proposal had 91 additional residential units; the revised
4 storey proposal has 52 additional residential units. Intensification is encouraged by
Provincial, Regional and Municipal policy. The proposed application will increase
housing diversity and affordability. It will also enliven the area and supports the long term
viability of the downtown.
10.2 Heritage Property
The property at 153 King Avenue East is a Regency Cottage built around 1853. The
symmetrical square frame structure, with an addition at the rear, is one and a half storeys
with a central dormer over the front door. Where a building is recognized on the cultural
heritage inventory, the Municipality discourages the demolition or inappropriate alteration
of a cultural heritage resource. The Heritage Impact Assessment noted that the property
has lost much of its original character through renovations.
Parkview Lodge has now taken possession of the property and is requesting to demolish
the building on 153 King Avenue to allow the proposed addition. They have informed
Staff of the poor condition of the house and their concerns with the risk of liability having
an empty building.
The Clarington Heritage Committee reviewed the proposal at their meeting of March 21,
2017 and passed the following motion:
THAT the Clarington Heritage Committee recommend to Council that the property
located at 153 King Avenue East obtained a Group 1 score when evaluated and
should be added on the Municipal Register;
THAT the Clarington Heritage Committee recommend to Council that should
Council approve the Zoning By-law Amendment and the house be demolished that
plaques recognizing both the Regency Cottage and the Influence of the early British
Military Settlers and the Historic Nature of the East District within Newcastle Village
be prominently displayed to capture this historic and significant architecture within
the community.
The Committee had some serious concerns with the Heritage Impact Assessment
submitted with the application and felt that it contained inconsistencies and that many
elements of heritage value were not recognized within the report. The Committee asked
staff to relay this information to Council.
Municipality of Clarington
Report PSD-052-17 Page 11
The Heritage Impact Assessment and Addendum does not fully describe and detail the
existing heritage value of the property and building. Although it is suggested that through
internal renovations much of its original character is lost, staff believe this building has
some heritage value in the architectural style. Further, the building contributes to
understanding the history of Newcastle. These elements should be acknowledged.
Appropriate architectural details in the proposed new building and/or erecting suitable
plaques are recommended as part of the design of the building to commemorate the
history of the property.
10.3 Achieving Appropriate Massing, Height and Setbacks
The proposed development will be located to the west side of the site. The interior east
side yard would be between approximately 14 metres and 22 metres. The distance
between the proposed building and the nearest building to the east will be 26 metres. The
proposed building has been revised to have a maximum of four storeys, or approximately
12 metres in height.
The revised proposal increases the interior side yard to 6 metres on the west side of the
property. The total distance from the proposed building to the existing residential dwelling
at 149 King Avenue East would be approximately 12 metres. The proposed setbacks will
allow a greater separation between the proposed development and the existing one
storey residential property to the west than previously proposed (Figure 4). While the
proposed development has the unfortunate effect of isolating the property to the west at
149 King Avenue East, the additional setback and reduced building height provides
greater light and privacy for the occupants of the dwelling.
The final building form, location of mechanical units and building articulation has not been
established as part of this process. Staff will continue to work with the applicant through
future site plan submission so that the final design mitigates any negative impact the
surrounding properties.
Municipality of Clarington
Report PSD-052-17 Page 12
Figure 4: Three dimensional image of existing and future context
10.4 Character and Street Relationship
The applicant is proposing a building setback of two metres from King Avenue East.
Urban design policies, guidelines and objectives of the Clarington Official Plan require the
building form, setback and building heights to be designed to enhance the unique
character of the Village Centre as a heritage main street and to maintain a pedestrian
related scale.
The Newcastle Village Urban Design Guidelines indicates that building should
incorporate a well-defined base or podium along the street frontage with upper floors
stepping back. The zoning by-law implements the guidelines with a one metre step back
for the portion of the building above two-storeys facing King Avenue. This will help to
create a pedestrian-related scale building while keeping the character of the district. No
building projections including balconies will be allowed beyond the two metres ground
level setback.
Municipality of Clarington
Report PSD-052-17 Page 13
10.5 Parking Areas, Pedestrian Connectivity and Landscape Treatment
The proposed development will have parking at grade underneath the building and
behind the first floor portion of the building facing King Ave. The elevation facing King
Avenue East will have 2 apartments (optional commercial) and amenity space. These
uses will contribute to create an active street while serving to screen the parking uses
from King Avenue.
The development will incorporate parking areas to minimize the impact on the pedestrian
environment. The revised site plan will need to incorporate an unobstructed pedestrian
connection from the existing Parkview Lodge building.
The proposed existing parking faces a walkway located to the east. As part of the site
plan process landscaping will be required to screen the parking area.
Active transportation will be promoted with mobility scooters in addition to the existing
bicycle parking requirements. Both will be required to be located in secure areas.
A number of mature trees are located on the proposed development site. Staff will work
with the applicant to minimize unnecessary removal of trees in the parking area to the
south around the existing building.
10.6 Parking Requirements
The revised development will contain a total of 95 units, 43 existing units and 52 new
units. A total of 54 surface parking spaces are proposed, 22 of which would be under the
rear portion of the building.
Staff reviewed the aerial photos of the existing development during the past 16 years,
from 2000 to 2016 to collect parking usage information. The actual number of parking
spaces used provided a consistent average parking usage of 20 parking spaces over that
timeframe, which is slightly below the 22 parking spaces required by the zoning by-law for
the existing Parkview Lodge. Using the observed parking ratio for the entire development
would require 48 parking spaces. The existing Parkview Lodge has a property manager
and a live-in superintendent. It is recommended that the proposed Zoning By-law include
two dedicated parking spaces for on-site staff. Based on this information, staff are
satisfied the 54 parking spaces proposed, will provide an appropriate parking ratio for the
development.
The development will require a total of a minimum 50 parking spaces which is less than
the 54 parking spaces proposed by the applicant. The additional spaces provide
flexibility, particularly if commercial uses such as barber’s shop and/or a ladies
hairdressing salon are located on the ground floor at street frontage.
Municipality of Clarington
Report PSD-052-17 Page 14
The existing Parkview Lodge has adapted interior space to park mobility scooters. The
room capacity is for 6 scooters. However, there is a total of eight residents using mobility
scooters. Recognizing the demographics of residents that would occupy these units Staff
will work with the applicant through the site plan process to design a building that would
include parking spaces for mobility scooters.
10.7 Public Concerns Addressed
The reduction in height to four floors and the reduction in the total number of units
addresses the concerns raised by the public regarding loss of privacy, diminished
sunlight, increase traffic and parking issues and building proximity to the street. The
proposed zoning by-law amendment permits a building addition that will have the option
of some commercial uses.
The applicant is proposing approximately 52 units including both one and two bedroom
units. The final number of units and size of them will be determined by the market and the
design requirements.
Staff have reviewed all public comments and believe all concerns have been addressed
to the extent possible. The concerns of the public will continue to be taken into account
during the site plan review stage. Staff will consider additional elements such as
screening through landscaping and fencing and window placement in response to
concerns of neighbouring residents.
11. Conclusion
The proposal reflects the objectives of the Provincial Growth Plan, the Durham Regional
Official Plan and the Clarington Official Plan, including OPA 107.
In consideration of all agency, staff and public comments, it is respectfully recommended
that the application to rezone the subject lands be approved to permit a four storey
building.
12. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan and will
contribute to providing a variety of affordable housing types.
Municipality of Clarington
Report PSD-052-17 Page 15
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO,
Director of Planning Services Interim CAO
Staff Contact: Ruth Porras, Senior Planner/Urban Designer, 905-623-3379 ext. 2412
or rporras@clarington.net
Attachments:
Attachment 1 - Zoning By-law Amendment
List of interested parties to be notified of Council’s decision:
Parkview Lodge (c/o Joyce Kufta and Theresa Vanhaverbeke)
Newcastle Village and District Historical Society
Newcastle/Bond Head Ratepayers Association
The Catholic Women’s League of Canada
A Gift of Art, The Clarington Artist & Artisan’s Outlet
Newcastle & District Chamber of Commerce
The Lions Club of Newcastle
Jean-Anne Symak
Nancy Stephenson
RP/CP/av/df/jp
I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2017\ZBA2017-0002 Newcastle Lodge\Staff Report\PSD-052-17\PSD-052-17.docx
Attachment 1 to
Municipality of Clarington Report PSD-052-17
Corporation of the Municipality of Clarington
By-law Number 2017-______
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2017-0002;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule ‘5’ is amended by changing the zone designation from "General
Commercial (C1) Zone" to "Urban Residential Exception (R4-2) Zone" as
illustrated on the attached Schedule ‘A’.
2. Section 15.4.2 Urban Residential Exception (R4-2) Zone is replaced as follows:
3. Notwithstanding Section 15.1 b.,15.2, 3.12 a., c., 3.16 b. ii), e., i. iv), those lands
zoned R4-2 on the Schedules to this By-law shall be subject to the following zone
regulations:
a. Non-Residential Uses
i) Service shop, personal
b. Regulations
i) Floor Space Index (maximum) 0.80
c. Lot Frontage (minimum) 50 metres
d. Yard Requirements (minimum unless otherwise indicated)
i) Front Yard
a) First two storeys (minimum) 2.0 metres
(maximum) 4.0 metres
b) The third storey and higher of the building façade
facing King Avenue East shall be setback a minimum of
1.0 metres from the wall of the second storey facing
King Avenue East
c) To a balcony, deck or canopy 2.0 metres
ii) Interior Side Yard (west) 6.0 metres
iii) Interior Side Yard (east) 10.0 metres
iv) Interior Side Yard (north) 7.5 metres
v) Rear Yard 7.5 metres
e. Dwelling Unit Area (minimum)
i) One Bedroom Dwelling Unit 40 square metres
ii) Two Bedroom Dwelling Unit 55 square metres
f. Building Height (maximum) 4 storeys
g. Landscape Open Space (minimum) 40%
h. Indoor Amenity Space (minimum) 2.0 square metres/dwelling unit
i. Outdoor Amenity Space (minimum) 4.0 square metres/dwelling unit
j. Length of the street façade along King Avenue East (minimum) 50%
k. Parking (minimum)
i) Parking 0.25 spaces per dwelling unit of
which 10% are to be accessible
parking spaces.
ii) Parking visitors 0.25 spaces per dwelling unit of
which 10% are to be accessible
parking spaces.
iii) Staff Parking 2
iv) No parking may be located between the front building line and the
street.
l. Loading (minimum) two spaces, 7.5 metres by 3.0 metres each
m. Non-Residential Floor area (maximum) 75 square metres
4. Schedule ‘A’ attached hereto shall form part of this By-law.
5. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and 36 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2017
__________________________
Adrian Foster, Mayor
__________________________
C. Anne Greentree, Municipal Clerk