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HomeMy WebLinkAboutPSD-036-10Leaaiag me way ~~~~~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 29, 2010 Resolution #: (9' ~f}-a0(-/0 By-law #: c~~/a-OaG Report #: PSD-036-10 File #: ZBA 2009-0018 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: THAT Report PSD-036-10 be received; 2. THAT the rezoning application submitted by F & I Gateway Investments Inc., to permit the construction of a retail commercial establishment be approved with a `Holding (H) Symbol' and that the By-law contained in Attachment 2 to Report PSD-036-10 be passed; THAT a future report will be forwarded to Council to lift the `Holding (H) Symbol' at such time as the outstanding taxes for the subject property have been paid and the Site Plan meets the requirements of the urban design criteria contained in Section 10.7 of Report PSD-036-10; and 4. THAT all interested parties listed in Report PSD-036-10 and any delegations be advised of Council's decision. Submitted by: F y Lan ai CSLA, MCIP ct)' g Director, Planning Services PW/COS/df/av 19 March 2010 Reviewed by ~ r "- "`-'~- ~-' - '""`-' 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-036-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: F & I Gateway Investments Inc. 1.2 Owners: William J. Storks; Pauline Storks; 1522724 Ontario Inc. and 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, 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 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) 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 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. 2.5 On February 1, 2010, a Public Meeting was held in accordance with the requirements of the Planning Act. At that meeting, comments were received from at least twelve members of the public. Further discussion of these comments is included in Section 8 of this report. 2.6 In light of the public interest that was generated by this application, it was recommended by Staff that an additional public forum be provided to solicit public comments on the Applicant's proposal. On February 8, 2010, Council approved the recommendation in report PSD-015-10 to hold an Open House. The Open House was held on February 17, REPORT NO.: PSD-036-70 PAGE 3 2010, at the Newcastle Community Hall. Further discussion on the results of the Open House is included in Section 8 of this report. 2.7 The heritage status of the existing buildings on the site was discussed in Report PSD- 031-10 which was presented at the General Purpose and Administration Committee meeting on February 22, 2010. Within Report PSD-031-10, it was recommended that the properties identified as 57 Mill Street South, 15 King Avenue West, and 4 and 10 King Avenue East, be added to the Municipal Register of properties of cultural heritage value or interest. The report recommendation adopted by Council on March 1, 2010, was: "THAT Report PSD-031-10 be received; THAT the properties identified as 15 King Avenue West, 4 and 10 King Avenue East, be added to the Municipal Register of properties of cultural heritage value or interest; and THAT all interested parties listed in Report PSD-031-10 and any delegation be advised of Council's direction." ®Designated under Part IV ~ of The Ontario Heritage Z Ad. ~ Added to The Municipal W Register of Properties of ~ ~ Cultural Heritage Value N or Interest. p ~ Buildings to be Displaced N g by Development. KING AVENUE WEST KING AVENUE EAST ~: >ti':r:: ~- ti O ti W ti h J_ cam/ Y1: 11 N EMILY STREET WEST EMILY STREET EAST REPORT NO.: PSD-036-10 PAGE 4 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 The subject site comprises 3,383 m2 of land area in Newcastle Village. It is 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. 3.2 The existing buildings on the proposed development site include: • 5 King Avenue East - c.1845-1851, estimated floor area 300 mZ, 7 parking spaces (4 outdoor and 3 garage) • 11 King Avenue East - c.1845-1851, estimated floor area 260 m2, 0 parking spaces View of 5, 11 & 19 King Avenue East facing south November 17, 2009 View of 57 Mill Street facing northeast October 24, 2009 REPORT NO.: PSD-036-10 PAGE 5 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) 3.3 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 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. This development proposal is located at the four corners of downtown Newcastle Village. The buildings located at this intersection form a cultural heritage landscape. The design and siting of any future building on the subject site will need to complement the structures on the other three corners. The redevelopment of this site fora 1,407 mZ retail commercial establishment will preserve these lands for commercial employment uses while at the same time reinforce 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 m2 (the total for all existing buildings) to 1,407 m2. 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 PPS 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. It is proposed that the retail commercial building will be constructed to complement the design and materials of the existing buildings on the other three corners limiting the potential impact on the cutural heritage landscape of this intersection. Approval of this application will facilitate the commercial redevelopment of the subject property in accordance with the locally-established Planning documents. REPORT NO.: PSD-036-10 PAGE 6 On the reasons listed above, this application conforms with the Provincial Policy Statement. 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 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 represents intensification as it increases the available floor area of the subject site from approximately 1,069 m2to 1,407 mZ. Redevelopment of this site will further meet the goals of the Growth Plan by preserving existing commercial employment within an existing settlement area on full municipal services. This 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 core, further reinforcing the local economy of the Village Centre. A vital, centrally- Iocated downtown core serves the Growth Plan's goals of creating complete communities which are pedestrian friendly. On the reasons listed above, this application conforms with the Provincial Growth Plan. 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 and 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 be given to the facade 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. This proposal conforms with the Durham Regional Official Plan. REPORT NO.: PSD-036-10 PAGE 7 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. 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. The buildings located at 5 and 11 King Avenue East and 57 Mill Street are recorded as built heritage resources. Section 8 of the Clarington Official Plan states that the demolition of heritage resources 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 and design. This proposal represents the consolidation of five (5) separate properties (or portions thereof). Through the Site Plan Agreement, a condition will be applied whereby the property owner will participate in the creation of a future private laneway to provide shared access across this site to the existing and future parking areas behind the neighbouring King Avenue East properties. The existing commercial building at 57 Mill Street South 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 proposed building at the corner of King Avenue and Mill Street the existing building at 57 Mill Street South will need to either be demolished or moved off-site. The proposed plan for redevelopment of this site will further reinforce the continued presence of retail services within the traditional Village downtown and will highlight King Avenue as a main street destination location. Redevelopment of the subject properties, as proposed by the Applicant, will result in intensification of the site. 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 visual significance of the intersection of King Avenue and Mill Street. This application conforms with the general intent of the Clarington Official Plan. REPORT NO.: PSD-036-10 5.3 Newcastle CIP PAGE 8 On April 215, 2008, Council approved Newcastle Village's first Community Improvement Plan (CIP). Significant public consultation was conducted during the preparation of the CIP in order to determine what the community wished to see improved, and the features of the community its residents and business owners value. Newcastle Village's historic roots and its heritage architecture were considered to be its most valuable asset. As a result, three of the five CIP grant programs relate to the support of building and signage designs which are compatible with the historical character of the downtown. The redevelopment of this site should seek to reinforce the Council adopted Newcastle Village Community Improvement Plan by respecting the heritage streetscape along King Avenue and Mill Street. 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 parkin~q ratios for a retail commercial establishment from one (1) parking space per 30 m of gross floor area to one (1) parking space per 55 m2 of gross floor area; • 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 • 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. 6.3 The above-noted items are addressed in Section 10 of this report. 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 point that the introduction of a prominent REPORT NO.: PSD-036-10 PAGE 9 commercial tenant to the subject site will support the existing downtown retail area and favourably contribute to the King Avenue streetscape. The Applicant's consultant 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 siting, design and materials of the proposed building will demonstrate its sensitivity to the fagades of existing buildings and its compatibility with the heritage nature of the existing built form at the intersection of King Avenue and Mill Street. This will be achieved by constructing the building at the street along King Avenue East, providing exclusive customer access to the building via an entrance constructed at 45 degrees to the intersection and building massing comparable to existing buildings in the area. 7.3 Parking will be allocated at the rear of the building and will provide an adequate parking supply. The Applicant's Parking Study measured parking usage from two existing Shoppers Drug Mart stores operating in other downtown locations (Kingston and Gananoque). The report indicated that, at peak shopping times, these stores experienced maximum vehicular traffic volumes of 22 personal automobiles at any one time. The Parking Study concludes that the proposed 26 on-site parking spaces will be sufficient to accommodate the parking heeds of this proposal. 7.4 As noted earlier in this report, in addition to a Planning Rationale Report and Parking Study, the Applicant also submitted a Noise Study, a Phase 1 and Phase 2 Site Assessment and a Site Servicing Letter Report in support of this application. The conclusions and recommendations of these reports will be incorporated into any future Site Plan application. 8.0 PUBLIC SU 8.1 Public comments received at the Public Meeting held on February 1, 2010, expressed a mix of concern with and support for the Applicant's proposal. The three primary concerns repeated by those who spoke at the Public Meeting related to: The heritage status of the existing buildings; The design of the proposed retail commercial building; and The impact of approving reduced parking standards and the economic impact of the proposal on the Village. These matters will be further addressed in Section 10 of this report. A variety of site specific functional and operational questions were also raised by the public. These remarks have been recorded and will be addressed through the Site Plan review process should Council deem it appropriate to approve this application. 8.2 During the Open House held at the Newcastle Community Hall on February 17, 2010, public comments received principally related to the impact of the reduced parking REPORT NO.: PSD-036-10 PAGE 10 standards, the proposed building design and signage. Discussion of these matters is included in Section 10 of this report. Staff are continuing to review the building design and signage with the Applicant. Should Council choose to approve this Rezoning application then the signage, building design and lot design matters will be finalized at the Site Plan review stage. 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 Clarington Engineering Services have advised that, at this time, they have difficulty in supporting the portion of this application which relates to the increase in the parking. ratio and the subsequent reduction of on-site parking spaces. Additionally, Clarington Engineering Services has advised that the Applicant's request to reduce the setback of a commercial entrance from the lot line boundary of a residential zone to 1.25 metres does not comply with the Municipality of Clarington Standard Design Guidelines. The minimum suitable configuration for a commercial entrance is 6.0 metres wide complete with a 6.0 metre turning radius. Consequently, the minimum setback for a commercial entrance should be no less than 6.0 metres from a residential lot line boundary. 9.3 The Clarington Heritage Committee (CHC) have expressed concern regarding the proposed demolition of the existing buildings 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 desire to preserve the cultural heritage landscape, comprised of the existing buildings, on the four corners of King Avenue and Mill Street. On February 22, 2010, the General Purpose and Administration Committee received and reviewed Report PSD-031-10, which considered the heritage status of the existing buildings affected by this application. On March 1, 2010, Council endorsed the following recommendation: "THAT the properties identified as 15 King Avenue West, 4 and 10 King Avenue East, be added to the Municipal Register of properties of cultural heritage value or interest." On March 2, 2010, the CHC passed a motion requesting that the proposed Shoppers Drug Mart building be constructed of a design that respects the built cultural heritage of downtown Newcastle and specifically the Community Hall building on the northwest corner of the intersection. They further requested that the proposed building fagades be reviewed by the CHC prior to site plan approval. In order to inform the Municipality's review of these fapades, the CHC recommended that a Heritage Impact Statement be REPORT NO.: PSD-036-10 PAGE 11 carried out and that the findings of this study be used to inform the design and scale of the proposed commercial development. 9.4 At the time of the writing of this report, the Finance Department confirmed that one of the properties that is the subject of this Rezoning application, had an outstanding balance owing on its property tax bill. However, the ownership of the property has not yet been transferred to the developedapplicant. 10.0 STAFF COMMENTS 10.1 Suitability of the Site The subject site is bounded by King Avenue East to the north, Mill Street South to the west and Emily Street to the south. This orientation provides the Applicant with the ability to construct astreet-front building along King Avenue East while still providing two (2) vehicular accesses to the property via Mill Street and Emily Street. This site is located in the centre of the existing retail area of downtown Newcastle Village. The location, size and orientation of the subject properties make the proposed land assembly appropriate and desirable in order to facilitate redevelopment. Excluding the residential lot which will be severed from the proposed redevelopment site, the total land area on the subject site is 3,383 m2. The only single commercial property in Newcastle Village which might be able to accommodate a project of this size is the southwest corner of King Avenue East and Brookhouse Drive, near the eastern limits of the Newcastle Village Centre Secondary Plan. The Brookhouse Drive property is separated from existing retailers in the downtown core requiring this property to function autonomously without the benefit of on-street parking or other shared parking arrangements. Furthermore, locating the proposed development on the Brookhouse property would not provide any value-added benefit to the downtown shopping core as it would be located beyond a comfortable walking distance of those merchants, services and professionals. The properties to the north, east and west of the subject site are also designated "Street-Related Commercial" within the Newcastle Village Centre Secondary Plan (NVCSP). The existing built form of the surrounding properties largely reflects this designation already. The properties south of the subject site are designated "Urban Residential" which is also reflected in their built form. Matters such as noise mitigation, refuse, landscaping, parking, illumination and building design will be further addressed through the site plan approval process and will mitigate any potential incompatibility between the commercial and residential uses. 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-036-10 PAGE 12 10.2 Change of Use One of the intents of the requested rezoning is to standardize the zoning requirements across all five properties that constitute the subject site. Present uses currently permitted on the site include: 5, 11 and 19 King Avenue East -Mixed-use (Commercial and residential) 57 Mill Street -Restricted commercial (Eating establishment only) 28 Emily Street -Residential The Applicant's proposal requests that the zoning of all properties that comprise the subject site be amended to permit Retail Commercial Establishments. The supporting documentation supplied by the Applicant (most notably the Parking Study) discuss and support the use of the property for Retail Commercial Establishments only. Consequently, the subsequent General Commercial Exception Zone created for this site will restrict uses on the subject site to Retail Commercial Establishments only. Should expanded commercial uses and/or ancillary residential uses be desired in the future a further examination of the suitability of those uses will be required at that time. While the intended use of the site (retail pharmacy) will not include residential uses, the presence of this business will assist in creating favourable conditions within the downtown to support the future development of mixed-use and/or high density residential uses on other properties. 10.3 Parking The current parking standards for aretail-commercial establishment require that for every 30 m2 of gross floor area, one (1) on-site parking space must be provided. The intent of this regulation is to ensure that an adequate amount of on-site parking is provided by the respective business so as to avoid off-site parking conflicts on neighbouring properties or within the Municipal road allowance. The Applicant's proposal attempts to balance the amount of built form on the property while still providing a reasonable amount of on-site parking. In 2006, a rezoning application was approved for the 57 Mill Street South property which reduced the required parking spaces for a non drive-through eating establishment (restaurant) from eight (8) spaces to five (5) spaces. At that time it was deemed that on-street parking in the vicinity was sufficient to accommodate for the deficiency of on- site parking at peak periods. In total, the properties on the subject site contain seventeen (17) existing parking spaces. The combined floor area of all existing buildings is approximately 1,069 m2 creating a current parking ratio of 1:62 mZ (one (1) parking space for every 62 m2 of gross floor area). There are two (2) on-street parking spaces along the King Avenue East frontage. Following the recent reconstruction of Mill Street there is no longer any on-street REPORT NO.: PSD-036-10 PAGE 13 parking spaces available along Mill Street. On-street parking along Emily Street is not formally identified by the Municipality. Evidence provided in the Parking Study, prepared by the Applicant's engineer, notes that Shoppers Drug Mart stores operate with a frequent turnover of customers meaning that, despite the overall volume of vehicular traffic, customer visits are short and a high number of on-site parking spaces is not necessary to accommodate vehicular traffic to the subject site. This finding is further supported by the Shoppers Drug Mart operational model which has the store open to the public for up to 16 hours a day (8:00 a.m. to midnight). With longer store hours, the local public's patronage of the proposed establishment is spread out over a longer period of time in a given day, thereby alleviating the need to provide a high parking ratio for shopping conducted during a concentrated period of time. The provision of bicycle parking, both externally for customers as well as internally for employees, is another way in which this development will address the reduction of on- site, vehicular parking spaces. External bicycle parking for customers is already a requirement of all new development within "General. Commercial (C1) Zones". To further alleviate on-site demands for vehicular parking spaces the provision of bicycle parking for employees will also be required as part of this site specific By-law. The proposed tenant of this development, Shoppers Drug Mart, already operates in the downtown of Newcastle Village within 100 metres of the subject site. Relocating from their current site at 50 Mill Street North to the subject site will represent an increase in total floor area for this business (from 385 m2 to 1,407 mZ ). This will permit the business to expand the product lines they offer. However, the operations of the business itself (retail pharmacy and retail postal outlet) will remain principally the same. Therefore, the store will continue to attract customers from the same geographic area as the existing store; the Village of Newcastle and surrounding area. The plaza, in which Shoppers Drug Mart is currently located, offers twenty-two (22) parking spaces for all non-residential uses. With a total floor area of 755 m ,the existing plaza at 50 Mill Street North operates with a commercial parking ratio of approximately 1:35 m2 (one (1) parking space for every 35 m2 of gross floor area). The subject site's central location in the downtown of Newcastle and excellent pedestrian connections means that Newcastle residents will have the option of travelling to the site by foot, cycle or by personal automobile. Being located in downtown Newcastle Village, there will likely result in a combination of intentional and impulsive visits to the store on this site. Patrons of the restaurants, services, community functions or other merchants in the downtown will also shop at the store on this site but may not park on-site. These customers may park on-street in front of other businesses or within on-site lots of the other establishments they are visiting in the downtown. Therefore, unlike isolated suburban locations, the total number of shoppers to this site may not directly relate to the amount of personal vehicle parking required on-site. REPORT NO.: PSD-036-10 PAGE 14 Despite the preceding comments it bears mentioning that the decisions made in respect of the Applicant's Rezoning application will remain in effect on the property beyond the current business' lease agreement. It is therefore necessary to consider the parking impacts that may result from redevelopment of this site in the future to accommodate a related use. To address the issue of future redevelopment of this site the Site Plan Agreement, entered into between the Municipality and the Applicant, will include clauses for the parking area on this site to be designed to provide future parking connection and laneway access to abutting properties as they redevelop over time. This will serve to create a system of private parking areas, between King Avenue East and Emily Street, which are accessed via mutual drive aisles. Over time, this will increase the number of parking spaces available throughout the block. The proposed increase to the parking ratio, will result in an overall reduction in the number of on-site parking spaces provided. Despite the concerns noted by Engineering Services to the proposed increase in the parking ratio (from 1:30 m2to 1:55 mz), the preceding discussion has outlined why the Applicant's request is appropriate for the proposed use on this site, in the downtown of Newcastle Village. 10.4 Loading For a Shoppers Drug Mart of this size, the Applicant has estimated that 18 truck deliveries will be required each week (3 deliveries per day). Of these 18 deliveries, 15 will be from independent suppliers operating small to mid-sized delivery vehicles. It is anticipated that there will be only 3 weekly deliveries from Shoppers Drug Mart's main distribution centre that will require the use of large delivery vehicles. As a result, the Applicant has stated that the need for a second loading space (4 metres x 11 metres) is surplus to the needs of the proposed development. Businesses located in traditional downtown areas are typically deficient of even a single properly sized and accessible loading space. In these circumstances, loading and unloading is usually achieved by the parking of delivery vehicles on-street. The single, full-sized (4 metres x 11 metres), on-site loading space will be sufficient to meet both the needs of the current and any future tenants for a building of this size. This loading space should be provided at grade with the surrounding parking lot so as to maximize the current parking layout and not restrict future access between the parking area on the subject site and the abutting properties. 10.5 Building Setbacks The Applicant has requested a reduction of the required interior side yard setback from 1.25 metres to 0 metres. The intent of interior side yard setbacks for commercial buildings is to maintain a consistent definition of the built form along the streetscape, to provide adequate space for the maintenance of the respective side of the building and to provide external access to the rear of the building or lot. The existing building at 19 King Avenue East is already constructed with a 0 metre setback to the easterly, interior side lot line. The effect of reducing the current side yard setback to 0 metres would be to permit the Applicant to construct a new building, along the easterly side lot line, with the same setback as the existing building. REPORT NO.: PSD-036-10 PAGE 15 Constructing the proposed retail commercial building at a 0 metre interior side yard setback will not inhibit the abutting neighbour's ability to provide vehicular access for his customers to the parking area at the rear of his property. This is due to the setback of the neighbour's existing building together with the presence of joint access easements, across both properties, along a portion of this shared property line. The Applicant's proposed interior side yard setback reduction will replicate the building line which has existed on the subject site since at least 1957 when the current building at 19 King Avenue East was reconstructed. Future maintenance of the walls of the proposed building, constructed to a 0 metre setback, will continue to be the responsibility of the Applicant. 10.6 Entrance Setbacks The intent of the 7.5 metre setback for commercial driveways from the side yard lot line of residential zones is to avoid conflicts between the commercial and residential traffic entering the roadway in close proximity to one another. One of the two vehicular entrances to the subject site will be from Emily Street. In order to maximize the number of parking spaces on-site and allow for the optimum on-site movement of delivery vehicles, the Applicant has proposed locating the Emily Street entrance within 1.25 metres of the neighbouring residential lot which will be severed from the subject lands. In order to ensure safe operation of both the existing residential driveway and the proposed commercial driveway to Emily Street, the proposed commercial entrance should be located no less than 6.0 metres from the abutting residential lot line boundary. 10.7 Urban Design The Applicant has acknowledged that the existing buildings on the subject site will need to be demolished or removed in order to accommodate the proposed retail commercial building. While the existing buildings will be missed, careful design of the new building and the site layout will ensure that this site serves as an attractive gateway to downtown Newcastle. The Clarington Official Plan provides a list of the criteria that need to be met for buildings which are constructed in areas of the Municipality (such as the downtown of Newcastle) which possess historical built form. New buildings are to be compatible with the surrounding buildings and streetscape in relation to their height, size, scale, type and colour of their fapade materials, setbacks, roof lines and the type and sizes of their windows and doors. Additional elements on the site such as lighting, landscaping, fencing and street furniture can also play a role in integrating the site into the context of the surrounding heritage buildings and neighbouring properties. The following are a number of design criteria which would assist in blending the proposed building into the heritage streetscape: REPORT NO.: PSD-036-10 PAGE 16 • The building should be constructed as close as possible to the King Avenue East and Mill Street South lot lines. • The building height and roof line should be of a scale and massing that is reflective of the two-storey buildings located on the other three corners of the intersection. • The street facades should be constructed of materials that complement the materials and details of heritage buildings along King Avenue: • Window and door designs should be of a size and scale that is reflective of heritage buildings along King Avenue. • All glazing should include colonial window grills. • A majority of the windows along both the King Avenue East and the Mill Street South facades should be constructed of transparent glass to allow views into the store. • The northwest corner of the building should be designed to a scale and prominence which contributes to the community landmark of this intersection. This could include the design of a tower or building projection, exclusive of signage. • The street-fronting building facades should include recesses, projections and/or canopies which add depth and character to the building design. • Distinct columns or pilasters, of complementary but contrasting colours and or materials should be used to break-up each facade to create the perception that the interior of the building is comprised of multiple tenants. • Lighting, both on the building and in the parking area, should be of a design and size that is reflective of the site's location within the Newcastle Community Improvement Area. • Signage size, materials and illumination of identification signs should be in accordance with the provisions in the Sign By-law for Heritage Resource Areas. • The Applicant shall utilize overhanging sign(s), in accordance with the Sign By-law, for the display of non-identification advertising or communication. • Where images are incorporated into the building fagade they should be historical pictures and images from Newcastle Village. • Street furniture, such as bicycle racks, benches and raised planters should be installed along the Mill Street South frontage. • A corner feature at the intersection of Mill Street South and Emily Street should be constructed out of materials that complement those used in the construction of the principal building, and include adisplay/signage identifying that one is entering the downtown of Newcastle Village. 10.8 Existing Buildings An independent group has approached the Applicant to inquire about the possibility of relocating the existing building at 57 Mill Street South onto a vacant lot elsewhere in Newcastle Village. The Applicant has expressed his willingness to permit interested parties to arrange the removal of the existing building from the subject site at their own cost and in a timeframe suitable to the Applicant. However, it should be noted that the condition of this building, upon the Applicant taking possession, is a matter between the current owner and the Applicant. REPORT NO.: PSD-036-10 PAGE 17 No such arrangement has been made concerning the buildings along King Avenue East. 10.9 Economic Development The expanded presence of the Shoppers Drug Mart retailer in downtown Newcastle Village will offer a strong alternative to families who are deciding where to do their shopping. Once in the downtown, these shoppers will have the opportunity to visit other downtown merchants, services and professionals. The current employment at the existing Shoppers Drug Mart store in Newcastle Village is approximately 20. The Applicant estimates that at a new, expanded location the number of jobs provided by this retailer will increase to 50. It is expected that at least half of these jobs will be part-time. With Shoppers Drug Mart's late operating hours (open till midnight) this will provide opportunities for students and parents from the community to work locally while still going to school or caring for a young family during the day. 11.0 CONCLUSIONS 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. Staff remain confident that the site specific and detail design issues presented by this application can be addressed through the Site Plan review process to mitigate impacts on the abutting properties and the surrounding area. 11.2 Taking into consideration all of the public and agency comments received, and based on a thorough review of the Applicant's proposal, it is respectfully recommended that the application to amend Zoning By-law $4-63, to permit the construction of a retail commercial establishment, be approved with a 'Holding (H) Symbol' and that the By- law listed as Attachment 2 to Report PSD-036-10 be passed. 11.3 A future report will be forwarded to Council to lift the `Holding (H) Symbol' at such time as the outstanding taxes for the subject property have been paid and the Site Plan meets the requirements of the urban design criteria contained in Section 10.7 of Report PSD-036-10. 11.4 The implementation of the urban design principles contained in Section 10.7 of Report PSD-036-10 will be part of the Site Plan review process. Staff Contact: Paul Wirch Attachments: Attachment 1 -Key Map Attachment 2 - By-law REPORT NO.: PSD-036-10 PAGE 18 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., Go 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 Ron Warne TDL Group Corp., c/o Susan Rosales Barry Jones Karen Fisher Dale Hunt Judy Powell Frances Mallon Darrell Cook Rick Westrik Theresa Vanhaverbeke Steve Lawrence Barry Johnson Ann-Marie Harley Jim Russell John Shewchuk Sid DeJong J. Hemming Helen Vatandoust Donna Eastwood Candace Parsons Dave & Pearl Rickard Karin Murphy Jane Black Dean Perrin Robert Forget Gord Lee Tenzin Gyaltsan N. Gyaltsan Murray Paterson John & Donna Oates REPORT NO.: PSD-036-10 PAGE 19 Patricia Lawrence Rod and Melanie McArthur A.L. Georgieff Mike Porporo Jack Lorius Attachment 1 To Report PSD-036-10 ~ 2 ~ ., ,~ ~ ~/ ~ 6 ~ ~ ~ ~ f ~ s _. w n N - ', I _ -- N ~~L - e ~ w G _ ~ vii.eE. ,.ww ~G~T ~ I - 3 3 _~~ ~ _- ~ '' ~ $~~I__l__LLS~~ u~ - N - Attacllment 2 To Report PSD-036-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 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 2009-0018; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5.49 GENERAL COMMERCIAL EXCEPTION (C1-49) ZONE is hereby deleted and replaced with the following: "16.5.49 GENERAL COMMERCIAL EXCEPTION (C1-49) ZONE Notwithstanding the provisions of Sections 3.13 c., 3.16 a., i. i), 16.1, 16.3 a. ii), and d. those lands zoned "C1-49" on Schedule "A" of this By-law, shall only be used for Retail Commercial Establishments exclusive of Drive-Through Facilities: a. Definitions: Drive-Through Facility means the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. Adrive-through facility may be in combination with other uses such as a bank or financial institution, dry cleaning establishment, dry cleaning distribution centre, eating establishment, eating establishment drive-in, eating establishment take-out, motor vehicle fuel bar, motor vehicle service station, retail commercial establishment, service shop, light, service shop, personal, shopping centre, or supermarket. Despite the above, adrive-through facility does not include a motor vehicle wash. b. Yard Requirements i) Front Yard (minimum) Nil ii) Front Yard (maximum) 3 metres iii) Interior Side Yard (minimum) Nil iv) Exterior Side Yard (minimum) 1.25 metres v) Exterior Side Yard (maximum) 3.25 metres c. Building Height: i) Maximum 12 metres ii) Minimum 8 metres d. Parking Requirements (minimum): One parking space for each 55 square metres of gross floor area of the building directly related to the use. e. Loading Space Requirements: i) One loading space (4 metres x 11 metres) for every 1,500 square metres of gross commercial floor area. ii) The loading space shall be provided at grade with the surrounding parking area. f. For all buildings exceeding 1,200 m2 of gross commercial floor area, an indoor bicycle parking facility shall be provided for employees with a minimum capacity of six bicycles. g. No vehicular entrance to a parking area shall be permitted within 6.0 metres of the boundary of the lot line boundary of a Residential Zone." 2. Schedule '5' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type Two (R2)" to "Holding -General Commercial Exception ((H)C1-49)"; "General Commercial Exception (C1-33)" to "Holding -General Commercial Exception ((H)C1~9)"; and "General Commercial Exception (C1-49)" to "Holding - General Commercial Exception ((H)C1-49)°. 3. Schedule "A" attached hereto shall form part of this By-law. 4: This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Barrie, Municipal Clerk This is Schedule "A" to By-law 2010- , passed this day of , 2010 A.D. ,, King~.Qvenue East ~"•~-;, ~• ... _. ......., e._,.. ....~ ~I ~ - ; _ ~~ r.-~ a I j Q,o I' ' ----- - ~~Ts ,_o y .~ ~ - __-_- ..1}:::..-..:.. p,'. !.{;• _ ~•~~L~7.• ~ 1 .. b'. wi~~. ~. ~.~ :k~: `~~ N ~::.~ :; ...... :a:~:~::;::~:~ .,.. _.. .. _...._ •~_~:~• Emily Street - ~-..~• ® Zoning Change From "C1-33" To "(H~1-49" ®Zoning Change From "R2" To "(H~1-09" ®Zoning Change From "C1-49" To "(H~1-49" Zoning To Remain "R2" Jim Abernethy, Mayor Patti L. Barre, Municipal Clerk NEWCASTLE VILLAGE N