Loading...
HomeMy WebLinkAboutPD-138-98,„: ~fdM: PD-138 -98 Meeting: Date: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT General Purpose and Administration Committee Monday, December 7, 1998 Report #: PD-138-98 File #: COPA 98-003 &DEV 98-030 File #~O q . Cp PA. °/g• c'G3 Res. # G ~' i-1 - L ~-\ -<`1 c,~ By-law # Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS APPLICANT: 564069 ONTARIO INC. PART LOTS 27 & 28, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE 97-109 KING STREET EAST, NEWCASTLE VILLAGE FILE NO: COPA 98-003; DEV 98-030 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-138-98 be received; 2. THAT the application to amend the Clarington Official Plan as submitted by 564069 Ontario Inc. (Application COPA 98-003) to permit street-related commercial uses, and a parking lot south of the supermarket currently under construction be adopted as Amendment No. 13, as shown on Attachment No. 3, that the appropriate by-law be passed, and further that the amendment be forwarded to the Region of Durham for approval; 3. THAT the portion of the application to amend the Zoning By-law 84-63 (Application DEV 98-030) as submitted by 564069 Ontario Inc. to permit a parking lot south of the future supermarket and to permit the conversion of an existing heritage building to permit retail commercial, office and residential uses at the southeast corner of King Street East and Beaver Street South be APPROVED as shown on Attachment No. 4 and that the appropriate By-law be passed; and 4. THAT the Region of Durham Planning Department, all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 564069 Ontario Inc. 1.2 Agent: J. E. Doubt Associates Inc. _ i C7 '+U S REPORT PD-138-98 PAGE 2 1.3 Official Plan Amendment Application: Part 1: From "Main Central Area: Medium Density Residential" to an appropriate land use designation permitting the development of a parking lot to serve abutting commercial uses. Part 2: Lands not subject to an official plan amendment. 1.4 Rezoning Application: Part 1: From "Holding -Urban Residential Type One ((H)R1) Zone" to an appropriate zone permitting the development of a parking lot to serve abutting commercial uses. Part 2: From "Light Industrial Exception (M1-2) Zone" to an appropriate zone permitting the conversion of an existing three storey industrial building for retail commercial, office and residential uses. 1.5 Site Areas: Part 1: 0.23 hectares (0.57 acres) Part 2: 0.23 hectares (0.57 acres) 2. LOCATION 2.1 The subject lands are located in Newcastle Village at the southeast corner of King Street East and Beaver Street South (see Attachment No. 1). The total site area is approximately 1.22 hectares (3.0 acres) comprising in part, the Massey factory lands. The property is legally described as Part Lots 27 and 28, Concession 1, in the former Village of Newcastle. 2.2 The Part 1 area of the application (see Attachment No. 1) is located at the southeast corner of the property. This portion of the applicant's land holdings totals 0.23 hectares (0.57 acres) and is located within Part Lot 27, Concession 1, in the former Village of Newcastle. This area is subject to both official plan amendment and rezoning applications. ~~7 REPORT PD-138-98 PAGE3 2.3 The Part 2 area of the application (see Attachment No. 1) is located at the southeast corner of King Street East and Beaver Street South. This portion of the applicant's land holdings, which contains the former Massey factory building, also totals 0.23 hectares (0.57 acres). These lands are located within Part Lot 28, Concession 1, in the former Village of Newcastle. This area is only subject to a rezoning application. 3. BACKGROUND 3.1 On May 13, 1998, 564069 Ontario Inc. filed applications to amend the Clarington Official Plan and Comprehensive Zoning By-law 84-63. 3.2 A Public Meeting for this application was held on July 6, 1998. The following issues were identified through the process: • The proposed parking lot contains fill material which has increased the grade of this area. Residents to the west (fronting on Beaver St.) requested information on how stormwater from the parking lot would be handled. • Representatives for the Parkview seniors building expressed concern regarding noise from the proposed parking lot resulting from truck access and unloading activities. These issues are discussed in Section 9 of the report. 3.3 Letters of support for the proposal were received from a local developer, the Newcastle Village BIA, the Newcastle and District Chamber of Commerce, and the Local Architectural Conservation Advisory Committee. 3.4 A site plan application for the IGA supermarket on additional lands owned by the applicant (Application DEV 98-015) received approval in September 1998 (see Attachment No. 1). 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Part 1: Vacant land Part 2: Vacant three storey Massey factory building . n b~+~ REPORT PD-138-98 4.2 Surrounding Uses: PAGE4 East: Urban Residential and Parkview Seniors building North: Urban Residential and park West: Urban Residential and commercial South: Urban Residential and vacant lands 5. OFFICIAL PLAN POLICIES 5.1 DURHAM REGION OFFICIAL PLAN 5.1.1 The Durham Regional Official Plan identifies a "Main Central Area" in Newcastle Village. The boundary is to be determined in the local Official Plan. The Regional Plan promotes the preservation and enhancement of Central Areas and the integration of the retail function with other uses. These areas are to be developed as the main concentration of urban activities, including service and shopping, office, community, recreational, and residential uses. The proposal appears to conform to the Regional Official Plan. 5.1.2 Consideration shall be given to the enhancement of cultural heritage resources. The proposal would facilitate the preservation and conversion of an identified building and introduce retail commercial, office, and residential. The proposal would be supportive of these policies. 5.2 CLARINGTON OFFICIAL PLAN 5.2.1 The subject lands are located within the Newcastle Village Main Central Area. Uses permitted within the Newcastle Village Main Central Area include retail commercial, office, and residential uses. A secondary plan for the Newcastle Village Main Central Area that provides more detailed land use policies. 5.2.2 The portion of the subject lands describes as Part 1 of the application (parking lot) is designated °Main Central Area: Medium Density Residential". Permitted uses VY/ REPORT PD-138-98 PAGE5 include townhouses and low-rise apartment buildings. As commercial uses are not permitted within a residential designation, this application has been submitted for consideration. 5.2.3 The portion of the subject lands described as Part 2 of the application (Massey factory building) is designated "Main Central Area: Street-Related Commercial Area". Policies permit a mixture of uses including retail commercial, personal service, office, residential, community facility, and institutional uses. Policies also encourage development to be oriented towards the street. The Massey factory building is located at the corner of King and Beaver Streets. Retaining the building for commercial and residential uses fulfils this policy objective. The proposal conforms to the relevant policies of the Official Plan. 5.2.4 The secondary plan also contains a specific policy that encourages the preservation of the historic Massey building. The goal is to retain and enhance the heritage features of the exterior facade. The proposal appears to fulfil this policy. 6. PROVINCIAL POLICY STATEMENT 6.1 The Provincial Policy Statement (PPS) provides policy direction on land use planning and development matters where there is a provincial interest. The policies promote the wise use of land, natural heritage, resources, and infrastructure to ensure the environmental and economic prosperity of the province. The proposed amendment fulfils the direction of the PPS in the following manner. • It focuses commercial growth within urban areas and permits the full potential of existing commercial areas to be realized. • Growth provides employment opportunities in Newcastle Village. • This expansion and revitalization maintains the well being of existing downtown area. • The proposal conserves the Massey building which is a landmark cultural heritage feature in the downtown area. b~~ REPORT PD-138-98 PAGE 6 7. ZONING BY-LAW CONFORMITY 7.1 Lands described as Part 1 of the application (parking lot) are currently zoned "Holding -Urban Residential Type One ((H)R1 Zone" which permits residential uses. As the proposed use is not permitted by the zoning by-law, an application to rezone the property is warranted. 7.2 Lands described as Part 2 of the application (Massey factory building) are currently zoned "Light Industrial Exception (M1-2) Zone" which only permits dry light industrial and warehouse uses. As the proposed uses are not permitted by the zoning by-law, an application to rezone the property is warranted. 8. AGENCY COMMENTS 8.1 The application was circulated to solicit comments from other relevant agencies. The Clarington Fire Department has no objections to the application. 8.2 The Clarington Public Works Department has no objections to the proposal provided that the following requirements are fulfilled: • Adequate on-site parking is provided. • The future on-site storm sewer system must conform to the recommendations contained in the storm water management report for the Newcastle IGA supermarket development. • The Ontario Building Code will require upgrades to the Massey building such as sprinklers, fire separations, mechanical and plumbing systems, fire alarms, etc. An architect and professional engineers will be required to redesign the space. 8.3 The Durham Region Planning Department has no concerns with the proposal but provides the following comments: King Street has been identified as a potential source of vehicle noise. The Municipality should be satisfied that vehicle noise could be adequately mitigated. The applicant proposes additional retail commercial space within the Newcastle Village Main Central Area. While the Region generally requires a retail analysis for additional retail floor space, local Council can exclude applications b~~ REPORT PD-138-98 PAGE 7 proposing less than 2,500 square metres of retail floorspace from this requirement. 8.4 The Durham Region Public Works Department has no objections to the application. Full municipal services are available to the site. 8.5 The Ganaraska Region Conservation Authority has no objections to the application. In obtaining approvals for the supermarket, the applicant prepared a comprehensive stormwater management plan for the entire site which has been found to be acceptable by the Authority. The recommendations will be implemented through the site plan approval process. The development must maintain the eastern property swale. 8.6 Bell Canada has no concerns with the application. Bell Canada has an existing cable buried across the property and will require an easement for access purposes. 8.7 The Local Architectural Conservation Advisory. Committee (LACAC) supports the application and has provided the following comments: • All signage should be in keeping with the Massey factory building. • The original brick facade should remain. • The brick used for the new IGA supermarket should match the brick of the Massey factory. 8.8 Clarington Hydro, the Public and Separate School Boards, and Canada Post have not provided comments to date. 9. STAFF COMMENTS 9.1 The purpose of official plan amendment is to provide overflow parking for the supermarket and parking for the conversion of the Massey Building. Although the approved site plan for the supermarket contains sufficient parking, additional parking will be required for the Massey Building. This building would contain bJ2 REPORT PD-138-98 PAGE8 approximately 1,370 square metres of retail commercial and office uses and approximately 10 apartment units. Parking generated by these uses would range between 60-80 parking spaces that cannot be accommodated on the undeveloped area surrounding the building. Should the supermarket wish to expand in the future, additional parking requirements could be accommodated on the redesignated lands, however, the parking area is not to be used for truck loading and maneuvering activity. In addition, the applicant will erect a 1.8 m wood privacy fence and plant trees around the parking area to reduce the noise and visual impacts. 9.2 The applicant proposes to convert the Massey building for retail commercial uses and office uses on the first two floors. With the building area being approximately 685 square metres on each floor, the additional retail and office floorspace would total approximately 1,370 square metres. The Clarington Official Plan only requires a retail impact study if the amount of floorspace proposed through a rezoning application exceeds 2,500 square metres. As a result, a retail impact study will not be required for the application. 9.3 The Massey Building was erected for industrial purposes and was used for farm equipment manufacturing and most recently paper product manufacturing. Although the lands are presently zoned for industrial uses, the official plan objective is to have industrial uses relocate to designated industrial areas. As the lands are designated for commercial uses, conversion of the Massey building changes the zoning from industrial to commercial. The application supports the goals of the official plan. 9.4 The applicant intends to retain Massey factory building facade and convert the structure for retail commercial, office, and apartment uses. The proposed zoning amendment contains regulations which further promote the preservation of this b~3 REPORT PD-138-98 PAGE 9 building. This meets the heritage preservation objectives contained in the Official Plan and LACAC's mandate. The applicant has agreed to match the brick on the new supermarket as closely as possible to the brick used on the Massey factory building. This would integrate the new construction with the existing heritage resource. 9.5 The applicant prepared a stormwater management plan for approval by the Municipality and the Conservation Authority. Much of the stormwater for the parking lot portion of the property currently flows southeast. Some of the stormwater from the Massey lands also drains towards the south. With the exception of the edges of the property, the applicant proposes to channel the stormwater from the property into storm sewers. This should eliminate any stormwater that presently impacts adjacent properties. 9.6 Representatives of Parkview seniors building voiced concern over noise from delivery trucks idling in the parking lot and unloading at the rear of the supermarket. A revised site plan application has been submitted for the supermarket which included a landscaping strip and delivery lane along the eastern boundary of the property towards the proposed parking lot. As a result of a meeting with Staff, Parkview representatives, and the applicant, it was decided that the store would be shifted towards the eastern property boundary. The loading area is now oriented away from the seniors building with trucks gaining access from King Street entrance. The noise should not impact the seniors building or any of the residential properties on Beaver Street. 9.7 The applicant prepared Phase 1 and Phase 2 Environmental Site Assessments for the Massey factory lands according to the Ministry of Environment and Energy (MOEE) clean-up guidelines for contaminated sites. Based on the recommendations, site remediation work was done on the site to remove contamination from the previous b~~~ REPORT PD-138-98 PAGE 10 manufacturing uses. A Record of Site Conditions was forwarded to the MOEE office in Ajax that indicates that the site may be used for commercial and residential uses. 10 RECOMMENDATIONS 10.1 Based on the comments contained in this report, it is respectfully recommended that the official plan amendment and rezoning applications to permit the development of a parking lot to serve abutting commercial uses as contained in Attachment No. 3 and Attachment No. 4 be APPROVED. The applicant will be required to enter into a site plan agreement for the parking lot at which time the Holding "H" symbol will be removed. 10.2 Based on the comments contained in this report, Staff also respectfully recommend that the rezoning application to permit the conversion of the Massey building from industrial to retail commercial, office, and residential as contained in Attachment No. 4 be APPROVED. The applicant must also enter into a site plan agreement for conversion of the building at which time the Holding "H" symbol will be removed. Respectfully submitted, ~~~-~~. Franklin Wu, M.C.I.P., R.P.P., Director of Planning & Development Reviewed by, Chief Administrative Officer RH*FW*cc November 30, 1998 Attachment No. 1 - Key Map Attachment No. 2 - Concept Plan Attachment No. 3 - Amendment #13 to the Clarington Official Plan Attachment No. 4 - Zoning By-law Amendment - b~5 REPORT PD-138-98 Interested parties to be notified of Council and Committee's decision: 564069 Ontario Inc. c/o Tenzin Gyaltsan 15 King Street West Newcastle, Ontario L1B 1K9 James Doubt J. E. Doubt Associates 304 Division Street Cobourg, Ontario K9A 3R3 Robin Glanville 149 King Street East Newcastle, Ontario L1B 1H3 Garth White 63 Beaver Street South Newcastle, Ontario L1B 1H3 Maurice Pedwell C/o Parkview Seniors Lodge R. R. #8 Newcastle, Ontario L1 B 1 L9 Wayne Oaks 2250 Thornton Road North, Oshawa, Ontario L1 L 1 B3 PAGE 11 - deb ATTACHMENT #1 ® PART 1 ~ D R N O COPA 98 003 & DEV 98-030 ® PART 2 ~ SEY FACTORY BUILDING p~Tlgg 030 PART 3 ~ PPROVED IGA SUPERMARKET EV 98 ~ D 015 F (V - ~ L T 27 ` ; o , U KING STREET EAST I- ~ ~- ° \\ z o ~ ~:~: ~ W ;.: ...................... ................ .................. PARKVIEW ~ ~ SENIORS W BUILDING U Z w ~ U ~ Lg m ~~,~ -- 1 I S N NEWCASTLE VILLAGE KEY MAP _ , U .i ~ ATTACH ME NT !i2 J ~ _ _ _ King Street East I ~_,__~ , ~~ i ~~ ', '~ ~~ I® ~ ~ . I ' , = a I I3 MASSEY !' ~ I FACTORY $ I m 6UILDINO .~, , ~ I-~ 1 A SUPERMARKET NDER CONSTRUC71ON ~ - - ~ [ ) i ti ~H ` 1-.4 ~ I I O ~s a ~ O . .. . _ _ _ _ , 7 ~ f0 ~ ® e, x wxruxn v,a~w ~p k _ \ C~ O ~ ~_ --- - - - - ' ~ uZi ~ ~ a ~ ~ I N I I ~ D I ~ a G A j I I I I Ig , I I I I L- I ' ' 1 I I L J L nw , ~ Proposed Site Plan (564069 Ontario Inca ti AMENDMENT NO. 13 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The amendment redesignates a 0.23 hectare parcel of land near the southeast corner of King Street East and Beaver Street South from "Medium Density Residential" to "Street Related Commercial Area". These lands shall only be used for a parking lot to serve abutting commercial uses. BASIS: The Amendment is based upon an application submitted by 564069 Ontario Inc. (COPA 98-003). ACTUAL AMENDMENT: The Newcastle Village Main Central Area Secondary Plan, being a portion of the Clarington Official Plan, is hereby amended as follows: i) by amending Map A -Land Use as indicated on Exhibit "A" attached to this amendment. Exhibit "A" attached hereto shall form part of this Amendment. IMPLEMENTATION: The provisions set forth in the Clarington Official Plan and the Newcastle Village Main Central Area Secondary Plan, as amended, regarding the implementation of the Plan shall apply in regard to this amendment. INTERPRETATION: The provision set forth in the Clarington Official Plan and the Newcastle Village Main Central Area Secondary Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this amendment. U~~ c c~ a~ ~a ~~ a ~~ O~ c~ 00 a~//mom/~ V~ ,~ ~ d ~a o~ L ~~ }~ Q V V C ._ C 7 6 ~ ~ Oj M N O ~ z3 ~+ W C z r. N a~ ~J Q Q ~.. a ~~ W 121 J Q O ~~ o~ r~~ C ~ ~ W Z ~ O U ~o es ~ W ^ ~. I O Ci ~~ ~s O v w ^ ~. W~ Z J c U '1S NIMO~V9 ~~ Z a ~ ga ~ ~ Z ~ ~wz o J 2ZO o Z ~ N Y a ~ Q J Z ~ p Q ~ U _ ~ Z m ~ z o ~ ~ m a o ~ x ~ ~ ~ z = G~'~L 0 ~` Fz V m Z f Q I ~ °Q wa wa a U~= ~ U U ~ w W W ~O ~~ a~ 0~ ~~ ~~ ~~ NUU ~V e E 0 uai 0 E ~o~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to amend By-law 8463, 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 former Town of Newcastle in accordance with application DEV 98-030 to permit the development of a parking area to serve abutting commercial uses and to permit the conversion of an existing three storey industrial building for retail commercial, office, and residential uses. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the r Municipality of Clarington enacts as follows: 1. Section 16.5 "SPECIAL EXCEPTIONS -GENERAL COMMERCIAL (C7) ZONE" is hereby amended by introducing a new Subsection 16.5.24 as follows: "16.5.24 GENERAL COMMERCIAL EXCEPTION (C7-24) ZONE Notwithstanding Sections 3.13, 3.15 (a), and 16.1, those lands zoned (C1-24) on the Schedules to this By-law shall be subject to the following zone regulations: (a) Permitted Uses i) Lands zoned "C1-24 "shall only be used for accessory parking requirements of permitted uses on adjacent lands to the north zoned "Ci"and "C1-25". b) Regulations i) Where lands zoned "C7-24" abuts land zoned "Cl" and the boundary between these two zones is interpreted as a lot line, this provision shall only apply to the permitted uses contained in this 6y-law. ii) Lands zoned "Ci-24" may accommodate the accessory parking requirements of permitted uses located on land zoned "Cl and "Cl- 25". 2. Section 16.5 "SPECIAL EXCEPTIONS -GENERAL COMMERCIAL (C1) ZONE" is hereby amended by introducing a new Subsection 16.5.25 as follows: "16.5.25 GENERAL COMMERCIAL EXCEPTION (C7-25) ZONE Notwithstanding SeMions 3.13, 3.15 (a) and 16.3, those lands zoned (Ci-25) on the Schedules to this By-law shall be subject to the following zone regulations: (a) Definitions i) Heritage Resource Building Shall mean a building or structure that has been recorded in the Municipality's list of heritage buildings as being of historical and/or architectural importance. b) Regulations i) Lot area (minimum) ii) Lot coverage (maximum) 0~2 hectares iii) Lot frontage (minimum) 780 square metres iv) Lot depth (minimum) 35.0 metres v) Front yard (maximum) 60.0 metres vi) Exterior side yard (maximum) 0.3 m vii) Building Height (minimum) 0.3 m viii) Landscaped open spare (minimum) 3 storeys 10% (/' V -2- ix) A maximum of 50% of the lot area may be used for the parking of motor vehicles. x) All additions, including handicapped access ramps to the heritage resource building located within the "C1-25" zone are limited to the rear yard and/or the interior side yard. xi) Where lands zoned "C1-25" abut lands zoned "Ci" and the boundary between these two zones is interpreted as a lot line, this provision shall only apply to the regulations contained in this by-law. xii) Notwithstanding Section 16.5.25 (b) xi) of this by-law, parking required for lands zoned "C1-25" may be accommodated on abutting lands zoned "C1"and "C1-24"." 3. Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the zone categories from: "Holding -Urban Residential Type One ((H)R1) Zone" to "Holding -General Commercial Exception ((H)C1-24) Zone" "Light Industrial Exception (M7-2) Zone" to "Holding - General Commercial Exception ((H)C1-25) Zone". 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 24(2) and Section 34 of the Planning Act. BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 7998. MAYOR CLERK I.JUL This is Schedule "A" to By-law 98- , passed this day of , 1998 A.D. KING STREET EAST 1.957 36.957 78,026 ................................ ............................... ................................ ............................... ................................ ............................... ................................ ............................... ................................ J O h N n ~~~ ~~~ 78.346 ) , ~ N m ~ 37.588 ®ZONING CHANGE FROM "M1-2" TO "(H)C1-25" ®ZONING CHANGE FROM "(H)R1" TO "(H)C1-24" ZONING TO REMAIN "C1" 0 25 SOm 25m 0 Mayor Clerk LOT 28 LOT 27 o~ MonctpE ~ s . wESZ~ sr. Ennsr ~,3 ~ _- ~ ~~ N ~ ~~ ~~~~ ~~ ~ ~ ir A R W }}_ ~1, X1,7 r` Z ~ - ~ I ~ ~ ~ F i i I ° ~ ~~T -r- ~ ~ w~'6 G~ 6~ RGEx-_i`I~~alr~i~~~ ~ _ N ~ _ F Fy - U ~ II- ~a ~/ RT. Q O ~ U ~ z 7. _ ~ ° _ 1 J ~ I G E. ~ ~ ' , _ i 1I~I ~ ~ 1.. I 1 r 1 W _.... _ Z qI I~ O V l N ~ W ' ~7 = 1, rr' ' o Eo I ~ ~ T NEWCASTLE VILLAGE OL.Zi