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HomeMy WebLinkAboutPSD-015-10C1ari~~gton Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 1, 2010 Resolution #: (,' I%} ~ 451-/0 By-law #: Report #: PSD-015-10 File #: ZBA 2009-0018 n/a Subject: TO REZONE RESIDENTIAL AND LIMITED COMMERCIAL PROPERTIES TO PERMIT THE CONSTRUCTION OF A NEW RETAIL COMMERCIAL BUILDING RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-015-10 be received; 2. THAT Staff be directed to facilitate a meeting to receive feedback from the public in Newcastle, at the expense of the developer, 3. THAT the application be referred back to Staff for further processing and for the preparation of a further report following receipt of all outstanding agency comments and the meeting referred to in Recommendation 2; and 4. THAT all interested parties listed in Report PSD-015-10 and any delegations be advised of Council's decision. Submitted by: Reviewed by: a Langm d, FCSLA, MCIP Ac ing Director, Planning Services PW/IUCOS/df 27 January 2010 "ORIGINAL SIGNED BY" Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-015-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: F & I Gateway Investments Inc. 1.2 Owner: William J. Storks Pauline Storks 1522724 Ontario Inc. 1664312 Ontario Inc. 1.3 Proposal: To rezone the existing residential and commercial properties to permit the construction of a 1,407 m2 commercial building and associated parking area. 1.4 Area: 3,383 mZ 1.5 Location: 5, 11, 19 King Avenue East, and 57 Mill Street South, and 28 Emily Street, Newcastle 2.0 BACKGROUND 2.1 On December 14, 2009, F&I Gateway Investments Inc. submitted an application for an amendment to the Zoning By-law (84-63) to permit the construction of a 1,407 m2 retail commercial building including a pharmacy and retail postal outlet. 2.2 The subject properties currently contain commercial buildings at 5, 11, 19 King Avenue East and 57 Mill Street. The Applicant has proposed demolishing each of these buildings in order to permit the construction of a new retail commercial building orientated to the southeast corner of King Avenue East and Mill Street with a parking area on the south side of the site. 2.3 One of the subject properties (28 Emily Street) also contains an existing semi-detached dwelling. The Applicant proposes to sever the Emily Street property in order to maintain the existing semi-detached residential building. 2.4 The buildings proposed to be demolished include: • 5 King Avenue East - c.1845-1851, estimated floor area 300 m2, 7 parking spaces (4 outdoor and 3 garage) • 11 King Avenue East - c.1845-1851, estimated floor area 260 m2, 0 parking spaces • 19 King Avenue East - 1957, estimated floor area 320 mZ, 5 parking spaces • 57 Mill Street - c.1917, floor area 189 m2, 5 parking spaces (4 outdoor and 1 garage) 2.5 The Applicant has submitted a Planning Rationale Report, a Noise Study, a Parking Study, a Phase 1 and 2 Site Assessment and a Site Servicing Letter Report in support of this application. REPORT NO.: PSD-015-10 PAGE 3 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject site comprises-3,383 m2 of land area in Newcastle Village. They are located on the east side of Mill Street between King Avenue East to the north and Emily Street to the south. The site is generally flat and is very sparsely treed. View of 5, 11 & 19 King Avenue East facing November 17, 2009 w View of 57 Mill Street facing northeast October 24, 2009 3.2 The surrounding uses are as follows North - Street-fronting Commercial South - Low-density Residential East - Street-fronting Commercial and Low-density Residential West - Street-fronting Commercial and Low-density Residential REPORT NO.: PSD-015-10 PAGE 4 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement The purpose of the Provincial Policy Statement (PPS) is to promote efficient land use and development patterns in order to protect the environment, public health and safety. and facilitate economic growth. Redevelopment of land is encouraged where it represents compact form, occurs within an existing settlement area, is connected to existing services and does not negatively impact the natural environment (air quality, ground water, flora and fauna). The PPS requires that significant built heritage resources and significant cultural heritage landscapes be conserved. Significant is defined as built heritage resources and cultural heritage landscapes that are valued for the important contribution they make to our understanding of the history of a place, an event, or a people. Two of the existing buildings proposed to be demolished are recorded in the Municipality's inventory of cultural heritage resources. The building at the southeast corner of King and Mill, known as 5 and 11 King Avenue East, is listed as a Primary heritage resource, and the house located at 57 Mill Street South is listed as a Heritage Merit resource. This development proposal is located at the four corners of downtown Newcastle Village. There is a Primary heritage resource on the north side of King Avenue East at street numbers 4 and 10, and a Primary heritage resource located on the south side of King Avenue West. The Newcastle Village Community Hall, which is designated under the Ontario Heritage Act, is located at the northwest corner. Collectively, these four structures form a cultural heritage landscape. The redevelopment of this site fora 1,407 mZ retail commercial establishment will preserve these lands for employment uses while at the same time reinforcing the continued vitality and viability of downtown Newcastle and the Village Centre. The proposed redevelopment will represent an intensification of the site by increasing the gross floor area from approximately 1,069 mZto 1,407 mZ. Development of this site will be connected to existing Municipal services resulting in no new infrastructure costs to the Municipality. This proposal is not expected to present a negative impact on public health or the natural environment. The Provincial Policy Statement identifies settlement areas as the focus of growth. This proposal reflects efficient land use which does not directly lead to environmental or public health concerns, however, it does have an impact on the cultural heritage landscape and the built heritage resources in the downtown core. Approval of this application will facilitate the commercial redevelopment of the subject property. 4.2 Provincial Growth Plan The policies of the Provincial Growth Plan promote the creation of compact, complete communities that are transit supportive and pedestrian-friendly. Part of the intent of the REPORT NO.: PSD-015-10 PAGE 5 Growth Plan is to manage growth in a manner that will optimize existing infrastructure and support a strong economy by protecting and preserving employment areas. The first priority of growth shall be to seek to intensify within existing built up areas. Intensification shall include a diverse and compatible mix of land uses including housing and employment. Additionally, the Growth Plan directs municipalities to conserve cultural heritage where feasible during the intensification of built-up areas. The proposed redevelopment will represent intensification as it will increase the available floor area of the subject site from approximately 1,069 mZto 1,407 mZ. Redevelopment of this site will further meet the goals of the Growth Plan by preserving existing employment areas within an existing settlement area on full municipal services. The proposal will not include any residential land use. However the resulting retail commercial establishment on this site will serve as an anchor for the existing downtown further reinforcing the local economy of the Village Centre. A vital, central downtown core will serve the Growth Plan's goals of creating a complete community which is pedestrian friendly. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject properties as "Regional Centre". These areas are to be developed as the main concentration of commercial, residential, cultural ahd government functions in a well designed and intensive land use form. The Applicant's proposal represents a more intensive use of the subject site than currently exists. Through the Site Plan approval process, Staff will work with the Applicant to ensure that the proposed commercial building is designed to complement existing heritage buildings at the intersection of King Avenue and Mill Street. Attention will also be given to the quality of building materials, the layout of the rear parking area and the installation of neighbourhood sensitive elements (i.e. fencing, vegetation, lighting, street furniture, etc.) to ensure that the introduction of the Applicant's development shall be supportive of the existing commercial, residential and institutional uses in the area. 5.2 Clarington Official Plan The Clarington Official Plan designates this site as "Street-Related Commercial Area" and "Mixed Use Area" within the Newcastle Village Centre Secondary Plan (NVCSP). The Newcastle Village Centre is identified as the functional and symbolic centre of economic, social and cultural activity in Newcastle Village. The NVCSP includes policies which address matters related to commercial redevelopment, urban design and parking. The proposed land uses are permitted within both the "Street-Related Commercial Area" and the "Mixed Use" designations. REPORT NO.: PSD-015-10 PAGE 6 The NVCSP outlines that redevelopment within "Street-Related Commercial Areas" shall encourage the consolidation of smaller land parcels, encourage joint parking arrangements and encourage the preservation, renovation and reuse of historic buildings where possible. Section 8 of the Clarington Official Plan states that where a structure is recognized on the heritage resources list, the Municipality will allow alterations, renovations, additions, or repairs provided the proposed changes are compatible and consistent with the building and the surrounding area in terms of building materials, colour, height, scale and design including windows, doors, and roof lines. The demolition or the inappropriate alteration of a heritage resource is discouraged. In the event that demolition does occur, infill buildings are to be compatible and consistent with the surrounding buildings and streetscape in terms of building materials, height, width, scale, colour, setback and design, including windows, doors and roof lines. This proposal represents the consolidation of 5 separate properties (or portions thereof) measuring in size from 364 mZto 1,214 m2. Should the application be approved, the Site Plan agreement would include a condition whereby the property owner will be required to convey an easement to the benefit of the landowners to the east for a future private laneway to provide shared access across their property to the existing and future parking areas behind the neighbouring King Avenue properties. The existing commercial building at 57 Mill Street is located within the "Mixed Use Areas" designation and was previously converted from residential to commercial use in 2006. The redevelopment policies within "Mixed Use Areas" state that owners shall generally attempt to convert and reuse existing residential structures. However, in order for the Applicant to maximize the size of the new building at the corner of King Avenue and Mill Street the existing building at 57 Mill Street will need to be demolished or moved off site in favour of an associated parking area. The proposed plan for redevelopment of this site has the potential to add to the commercial draw of King Avenue as a main street destination. It will also further reinforce the continued presence of retail services within the traditional Village downtown, along King Avenue. Should this application be approved and proceed on through the Site Plan process, Staff will ensure that the final design of the development will contribute favourably to the cultural heritage landscape and its visual significance at the intersection of King Avenue and Mill Street. The Official Plan identifies the required road width for King Avenue East, in front of the subject property, as being 26-30 metres. In order to satisfy this requirement the Applicant will need to deed to the Municipality, free and clear of all encumbrances, a road widening of 3 metres. Other dedications, such as sight triangles at the intersections of King Avenue and Mill Street and Emily Street and Mill Street will also be required. REPORT NO.: PSD-015-10 PAGE 7 5.3 Newcastle CIP On April 2151, 2008, Council approved Newcastle Village's first Community Improvement Plan. Significant public consultation was conducted during the preparation of the CIP in order to determine not only what the community wished to see improved, but what features of the community its residents and business owners valued. Newcastle Village's historic roots and its heritage architecture were considered to be its most valuable asset. The Plan states in Section 2.5 that: "The conversion and/or revitalization of buildings and the construction of infill projects within the downtown should proceed in a manner that promotes and respects the community's built heritage. Newcastle Village residents are proud of their community's history and architectural character." The CIP has five grant programs, three of which have heritage related requirements that must be fulfilled before the grants are approved. The building fagade improvement grant provides funding for the restoration of heritage buildings and the redesign of non- heritage buildings that are in keeping with the heritage character of the street. The infill project grant is for construction on existing vacant lots provided that the new building is designed in keeping with the historical context of Newcastle Village, and signage grants can be obtained for signs that are designed to be compatible with the historical character of the downtown. The CIP boundary runs along King Avenue East and West through the Village. The focus of the CIP is to enhance the heritage attributes visible in the built environment. Any redevelopment of this site should conform to the Council adopted. Newcastle Village Community Improvement Plan. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "General Commercial Exception (C1-33)", "General Commercial Exception (C1-49)" and "Urban Residential Type Two (R2)". 6.2 The Applicant has requested. an amendment to the Zoning By-law (84-63) which would retain all of the uses already permitted in the "General Commercial Zone (C1)" but would modify some of the applicable regulations for those uses. Specifically, the Applicant has requested: • To rezone the portion of the property zoned residential (R2) to permit a commercial retail establishment; • To rezone the portion of the property zoned commercial (C1-49) to permit a retail commercial establishment; • To increase the standard parking ratios for a retail commercial establishment from one (1) space:30 m2 to one (1)space:55 m2; • To reduce the standard loading space requirements from two (2) loading spaces (4 m x 11m) to one (1) loading space (4 m x 11 m); • To reduce the required interior side yard setback from 1.25 metres to 0 metres; and REPORT NO.: PSD-015-10 PAGE 8 To reduce the setback for a driveway from the side yard lot line of a residential property from 7.5 metres to 1.25 metres. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 One of the documents submitted by the Applicant, in support of this application, was a Planning Rationale Report. This report provided an overview of the property and the surrounding area together with a review of relevant local, Regional and Provincial Planning documents. The report highlights the introduction of a prominent commercial tenant at the subject site as being supportive of the existing downtown retail area and a favourable contribution to the King Avenue streetscape. The Applicant's planner suggests that the jobs created by the proposed redevelopment and the increase in tax revenue to the Municipality will provide direct economic benefits to the larger community. 7.2 The report notes that none of the existing buildings are currently designated under the Ontario Heritage Act nor are they listed on the Municipal Register. The design and materials of the proposed building will demonstrate its sensitivity to the far~ades of existing buildings and its compatibility with the heritage nature of the existing built form along King Avenue. This will be achieved by constructing the building at the property line along King Avenue East, providing exclusive customer access to the building via an entrance constructed at 45 degrees to the intersection and a massing which will be comparable to existing buildings in the area. 7.3 Parking. will be located to the rear of the building and will provide adequate but not excessive parking adding to the supply for downtown Newcastle, 7:4 As noted in Section 2.5 of this report, in addition to a Planning Rationale Report, the Applicant submitted a Noise Study, a Parking Study, a Phase 1 and 2 Site Assessment and a Site Servicing Letter Report in support of this application. Analysis of these reports is ongoing and will be included in a future report. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and three public meeting notice signs were installed on the property, one on each road frontage. 8.2 At the writing of this report, Staff had received five inquiries from various residents and business owners regarding this application. Issues raised from these inquiries included questions concerning: the proposed building design, the possibility of moving the house at 57 Mill Street South (rather than demolition), the parking space reduction, permitted uses, the possible incorporation of a mix of uses (commercial and residential), site layout, storm drainage, joint access, shared parking, the outdoor storage of refuse and noises generated by delivery trucks. These matters will be more thoroughly discussed in a subsequent report. REPORT NO.: PSD-015-10 PAGE 9 9.0 AGENCY COMMENTS 9.1 This application was circulated to the Durham Regional Planning Department, the Durham Regional Works Department, the Clarington Engineering Services Department, the Clarington Heritage Committee and Ganaraska Region Conservation Authority. 9.2 At the writing of this report comments had not yet been received from all agencies and departments. 9.3 The Clarington Engineering Services Department advised that they cannot support the portion of this application which relates to the increase in the parking ratio and the subsequent reduction of on-site parking. 9.4 The .Clarington Heritage Committee (CHC) reviewed the application during their meeting of January 19th, 2010 and expressed a concern in regards to the potential demolition of the two heritage resources located at 5 and 11 King Avenue West and 57 Mill Street South. The CHC are not in support of the demolition of these structures and would like to see them incorporated into the new development. They also expressed a concern in regard's to the potential fate of the buildings located at 4 and 10 King Avenue East and 15 King Avenue West. In order to preserve the cultural heritage landscape around the four corners of King and Mill they passed the following motion for Council's consideration: "The CHC recommends that any new developments incorporate the existing heritage structures in the landscape vista of the downtown core and that the landmark buildings located at 5 and 11 King Avenue East, 57 Mill Street South, 15 King Avenue West, and 4 and 10 King Avenue East be added to the Municipal Register of Properties of Heritage Value or Interest." Staff will. be providing a separate report to Council on this request from the CHC. 10.0 STAFF COMMENTS 10.1 In order to review the Applicant's proposal it will be necessary to conduct a thorough evaluation of the following matters: • The suitability of the site to support the proposed uses; • The impact of the proposed uses on neighbouring properties; • The impact of the redevelopment on the community; • The impact of reduced parking requirements on the surrounding area; • The impact of reducing the number of loading spaces from two (2) to one (1). • The impact of the reduced building and entrance setbacks; and • The heritage value of the existing buildings on the property. 10.2 Matters such as noise mitigation, refuse, landscaping, parking, illumination and building design will be further addressed through the site plan approval process. An application for site plan approval will be submitted should the Applicant be successful in rezoning the property to suit the proposed plan for redevelopment. REPORT NO.: PSD-015-10 11.0 CONCLUSIONS PAGE 10 11.1 In order to permit a broader, more intensive redevelopment pattern on the subject site, the Applicant has stated that it is necessary to introduce revised zoning standards which will clarify the opportunities available for redevelopment of the amalgamated site. 11.2 Due to the amount of public interest that has been generated by the proposed redevelopment it is recommended that Staff facilitate a meeting, to be held in Newcastle at the expense of the developer, to receive feedback from the public. 11.3 As the purpose of this report is to satisfy the requirements for a Public Meeting under the Planning Act, and taking into consideration all of the public and agency comments received, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. Staff Contact: Paul Wirch Attachments: Attachment 1 -Key Map List of interested parties to be advised of Council's decision: F & I Gateway Investments Inc. William J. Storks Pauline Storks 1522724 Ontario Inc. 1664312 Ontario Inc. Barry J. Morrison & Associates Ltd., c/o Barry Morrison Newcastle Business Improvement Area, c/o Valentine Lovekin Newcastle Community Improvement Plan Focus Group, c/o Isabel Little Carl Good Newcastle Village and District Historical Society, c/o Allan Kirby Newcastle /Bond Head Ratepayer Association, c/o Arthur Wynn Clarington Branch of the Architectural Conservancy of Ontario, c/o Clark Morawetz Clarington Heritage Committee, c/o Victor Suppan Dr. Boris Kostiuk Shelley Berezowski Allison Potts Beth Markle Durham Region Planning Department MPAC Ron Warne TDL Group Corp., c/o Susan Rosales Barry Jones Karen Fisher Attachment1 To Report PSD-015-10 W e ~ U ® ~ d 4,f 3 a N r ® w y ~ N ~ w '~ $ ~ ~ ~ ~ y 3 a ; o m „ z w g ~ ~ ~ E ~ ~ ~ ~ ~ o~ a E .~,u acn w c N T 3 $ ~~ ~ ~ ~ N ~ ~ ~ O ~, o C N d a 0 a` N ~~ ~ a~ ¢~ ~ ~ y v ~ ' N y ~ N 2' y mE mU ~ H H ~ :2:2:::>:>:::: .. :.. ~ r::•:::<•:::::: ~:::.. . . ... ~ ~~ .a ~ ~ ~ 7 PaweRrv ue~e ~ C ~ w e ~ Q Q'Y~ ~ • Yw ~l ~ / ar. _ 3 i a'rn D R~ ' W aaorenn uue ~ 1j.G