The URL can be used to link to this page

Home My WebLink AboutPSD-071-11 PLANNING C r 10 larftwn REPORT i Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution #: //By-law #: moll-° Report#: PSD-071-11 File #: COPA 2011-0002 and ZBA 2011-0007 Subject: PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT COMMERCIAL USE APPLICANT: NEWCASTLE (KING) DEVELOPMENTS INC. RECOMMENDATIONS: It is respectfully requested that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-071-11 be received; 2. THAT the application to amend the Clarington Official Plan (COPA 2011-0002) for a portion of the subject lands (45 North Street) from "Urban Residential" to "Village Centre" and "Street Related Commercial Area" be adopted as Amendment No. 81 to the Clarington Official Plan as shown in Attachment 3 and the necessary By-law contained in Attachment 4 be approved; 3. THAT the application to amend Zoning By-law 84-63 (ZBA 2011-0007) as shown in Attachment 5 be approved as follows: a) a portion of the subject lands (37 and 45 North Street) from "Environmental Protection (EP) Zone" and "Urban Residential Exception (R1-1) Zone" to "General Commercial Exception (C1-57) Zone" be approved, with a "Holding (H) Symbol; b) a portion of the subject lands (80, 92 and 100 King Avenue West) from "General Commercial Exception (C1-33) Zone" to "General Commercial Exception (C1-57) Zone"; 4. THAT a By-law lifting the Holding (H) Symbol be forwarded to Council once Site Plan approval has been granted, permanent easements for a laneway to access Mill Street have been granted, and the Municipality has received all required financial securities; and 5. THAT all interested parties listed in Report PSD-071-11 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-071-11 PAGE 2 Submitted by: '4 Reviewed by: _4-z� D vi J Crome, RPP, MCIP Fran lin Wu, Director, Planning Services Chief Administrative Officer RP/COS/df/sn/ah September 1, 2011 REPORT NO.: PSD-071-11 PAGE 3 1. APPLICATION DETAILS 1.1 Applicant: Newcastle (King) Developments Inc. 1.2 Owners: Syvan Developments Limited, Yvonne Gilkes and Mildred Fisher 1.3 Official Plan: To re-designate a portion of the subject lands (45 North Street) from "Urban Residential" to "Village Centre" and "Street Related Commercial Area 1.4 Rezoning: To rezone the subject lands from "Environmental Protection (EP) Zone", "Urban Residential Exception (R1-1) Zone", "General Commercial Exception (C1-33) Zone" to "General Commercial Exception (C1-57) Zone" 1.5 Site Area: 0.85 hectares 1.6 Location: 37 and 45 North Street, Newcastle 80, 92 and 100 King Avenue West, Newcastle (See Key Map —Attachment 1) 2. BACKGROUND 2.1 On March 7, 2011, Newcastle (King) Developments Inc. submitted an application for an Official Plan Amendment and a Zoning By-law Amendment to permit an expanded parking and loading area along North Street in association with the development of a grocery store (supermarket). The application was deemed complete on March 28, 2011. 2.2 Five properties have been assembled in order to facilitate the development of the grocery store. They include 37 and 45 North Street and 80, 92 and 100 King Avenue West (see Photograph 1). 2.3 The applicant also submitted the following background studies in support of the applications: • Planning Justification Report prepared by Khaldoon Ahmad Planning & Urban Design updated on June, 2011 • Heritage Assessments prepared by Martindale Planning Services • Phase I Environmental Assessment prepared by Golder Associates • Geo-Technical Investigation Report prepared by Candec Engineering Consultants Inc. • Noise Analysis prepared by Valcoustics Canada Ltd. • Stormwater Management Report prepared by Bronte Engineering Limited updated on June, 2011 • Traffic Impact Study prepared by Paradigm Transportation Solutions Limited updated on June, 2011 REPORT NO.: PSD-071-11 PAGE 4 A copy of the proposed site plan drawings and all the relevant studies have been made available for public viewing on the Clarington website. 2.4 At the request of the Planning Services Department, the Applicant hosted a Community Open House on Wednesday, April 6, 2011 prior to the Statutory Public Meeting. A number of residents attended the Open House. A brief summary of their comments are provided in Section 8 of this report. 2.5 On May 9, 2011, the General Purpose and Administration Committee of Council held a Public Meeting in accordance with the requirements of the Planning Act. At that meeting comments were received from ten members of the public. A summary of these comments are provided in Section 8.1 of this report. 2.6 Following the Public Meeting, the Applicant hosted a second Community Open House on May 18, 2011, to provide residents another opportunity to comment on the proposal. A summary of these comments are provided in Section 8.2 of this report. 2.7 In order to provide the Applicant with the Municipal and the community expectations for the design of the site, a detailed list of urban design principles were provided to the Applicant by Planning Staff prior to their application submissions (Report PSD-039-11, Attachment 4 "Development Guidelines Checklist — Preliminary".). ? ��, `rt �3'.. � " WILMOI'STREET f s � ��• 4 � '� �� s K(NG'AVENUE e; ZBA 2011-0007 Photograph 1: Aerial Photograph (2010) — Subject Site 2.8 Since the Community Open House on May 18, 2011, the Applicant has been revising the different studies, site plan, and building design in response to the public comments and agencies' requirements. REPORT NO.: PSD-071-11 PAGE 5 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site is located on the north side of King Avenue West and on the east side of North Street. The subject land is relatively flat having a number of mature trees along the northern limits of the site. The site has a total area of approximately 0.85 hectares (8,500 sq. m. /91,493 sq. ft.). Neighbourhood character and surrounding land uses: WE 11 Photograph 2: View of site, with 92 King Avenue West facing north (April 19, 2011) -MOW" R� oX. , r a �✓ � +a Photograph 3: View of 45 and 37 North Street facing east(April 5, 2011) 3.2 The proposed development is within the main activity centre of Newcastle which has a unique main street and heritage character. The Newcastle Village Centre exhibits a built form that is comprised of several architectural styles and periods including Georgian, Victorian and Edwardian. Many of the buildings retain their original mixed- use character, combining commercial uses at street level with residential units above. The Newcastle Community Hall, a neo-Georgian style building which is designated under the Ontario Heritage Act, is considered the Village's most prominent landmark. REPORT NO.: PSD-071-11 PAGE 6 The Newcastle Community Hall is located within close proximity (48 metres) of the subject lands and is within view of the subject site. 3.3 The following are the surrounding land uses: North: A low-density residential area with frontage on Wilmot Street. The backyards of these residences abut the subject site. There is an existing privacy fence separating the residential lots from the site which is approximately 1.80 metres in height. South: Across King Avenue West, two and three storey high mixed-use buildings. East: Commercial buildings (CIBC), the Newcastle Community Hall and a mixed-use plaza (50 Mill Street). West: Commercial buildings along King Avenue West and a low-density residential area along North Street. 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS): • promotes settlement areas as the focus for growth; • promotes efficient land use and development patterns to facilitate economic growth; • supports the maintenance, and where possible, the enhancement of downtowns and main streets; and • provides for an appropriate mix and range of employment to meet long term needs. The redevelopment of these lands for commercial uses will facilitate the continued vitality and viability of downtown Newcastle and the Village Centre in a manner consistent with the goals of the PPS. Based on the criteria listed above, this application is consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan The Provincial Growth Plan promotes the creation of compact, complete communities that are transit supportive and pedestrian-friendly. Part of the intent of the Growth Plan is to direct development to existing serviced urban centres and encourage a compatible mixture of land uses within urban centres. A fundamental priority of the plan is to encourage intensification of underutilized urban lands to create vibrant communities where infrastructure exists to accommodate growth. "Complete" communities provide opportunities to both live and work. This development conforms to the Provincial Growth Plan. REPORT NO.: PSD-071-11 PAGE 7 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan (DROP) designates the subject properties as "Regional Centre". Regional Centres shall function as places of symbolic and physical interest for the residents and shall provide identity to the area municipalities within which they are located. The DROP seeks to develop Regional Centres as the main concentrations of commercial, residential, cultural and government functions in a well designed and intensive land use form. 5.1.1 Regional Centres shall be developed having consideration for urban design that favours pedestrian traffic and public transit with direct street pedestrian access to buildings (Section 8A.1.2). All parking areas shall be located at the rear or within buildings wherever possible. In addition, prime consideration is to be given to the special distribution of structures, architectural treatment, and the preservation and enhancement of cultural resources. 5.1.2 A portion of the subject land (45 North Street) is designated "Urban Residential" and is located outside the limits of the Newcastle Village Centre Secondary Plan. Policy 8A.2.6 of the DROP indicates that prior to the consideration of the expansion of an existing Regional Centre, as detailed in an area municipal Official Plan, it shall be determined if the proposed development will negatively impact the planned function of the Regional Centre (Policy 8.3.9). The Applicant has submitted an addendum to the Planning Rational Report identifying that the proposed development will not negatively impact the planned function of the Regional Centre. The conclusion of the amendment to the Planning Rational Report is discussed in Section 9.2 of this report. 5.2 Clarington Official Plan 5.2.1 The Clarington Official Plan designates this site as "Village Centre" and "Urban Residential". The majority of the site is located within the Newcastle Village Centre Secondary Plan and is designated "Street-Related Commercial Area". The Newcastle Village Centre is identified as the functional and symbolic centre of economic, social and cultural activity in Newcastle Village. The proposed grocery store is permitted within the "Street-Related Commercial Area" designation. 5.2.2 The buildings located at 37 North Street and 92 King Avenue West, are both identified as Heritage Merit Buildings within the Municipality's inventory of cultural heritage resources. The recommendations with regards to the heritage attributes of these properties are discussed in Section 9.6 of this report. 5.2.3 The Newcastle Village Centre Secondary Plan encourages the consolidation of smaller land parcels within "Street-Related Commercial" areas. In addition, the Secondary Plan encourages joint parking arrangements and the preservation, renovation and reuse of historic buildings wherever possible. This proposal represents the consolidation of five (5) properties. REPORT NO.: PSD-071-11 PAGE 8 5.2.4 The Newcastle Village Centre Secondary Plan states that all new development or redevelopment of properties within the Village Centre will be designed in accordance with section 11.3 of the Newcastle Village Centre Secondary Plan and Sections 10.4.5 and 10.4.6 of the Official Plan. These sections provide policies, general urban design principles and site development criteria for development within Village Centres. These sections have been summarized into the following themes which are discussed in Section 10 of this report: Design Compatibility (Official Plan Section 10.4.5) Proposed developments shall complement the existing character of the Village Centre by using similar building materials, similar building massing, architecture, and by providing awnings, pedestrian-scale lighting, and street amenities such as benches. Building Location & Streetscape (Official Plan Sectionsl0.4.5 and 10.4.6) Proposed buildings shall be street-front oriented and provide direct street access for pedestrians wherever possible. Building form and siting shall minimize the impacts of noise and shall enhance views of landmark buildings and open space. Active street life is encouraged through the provision of street-related buildings, possible outdoor display and selling areas, as well as other amenities. Parking Areas and Landscape Treatment(Official Plan Section 10.4.6 and Newcastle Village Centre Secondary Plan Section11.3) Parking areas should be sited to the side or rear of a development. Common vehicular access, parking areas and internal circulation, including service lanes connecting abutting properties, should be provided wherever possible. Where parking areas are sited across the road from residential uses, the proposal shall incorporate high quality landscaping/screening such as a low wall and street trees to provide a sense of enclosure. Noise and Visual Impact Mitigation (Official Plan Section 10.4.6) Loading areas and refuse collection shall be screened where necessary and shall generally be located at the side or the rear of the building; no open storage is permitted. Refuse collection areas shall be internal to buildings wherever possible and in all other situations, within separate buildings of similar design to the principal building. 5.3 Newcastle Community Improvement Plan 5.3.1 On April 21th, 2008, Council approved the Newcastle Village Community Improvement Plan (CIP). The goal of the CIP is to provide for and encourage public and private sector activities for the purpose of the enhancement, rehabilitation and redevelopment of the existing built environment of the Municipality (Section 1). The CIP states in Section 2.5 that construction of infill projects within the downtown should proceed in a manner that promotes and respects the community's built heritage. REPORT NO.: PSD-071-11 PAGE 9 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Environmental Protection (EP)", "General Commercial Exception (131-33)" and "Urban Residential Exception (R1-1)". 6.2 The Applicant has requested an amendment to Zoning By-law 84-63 to rezone a portion of the subject lands (37 and 45 North Street) from "EP" and "R1-1" to a zoning consistent with the remainder of the site. This will permit an expanded parking area and loading area along North Street associated with the proposed grocery store. Within the current "C1-33" zone, a grocery store (supermarket) is a permitted use. . .... H WILMOT STREET R1-29 z —. ---- 4a1-9 0 O 37 ru _.—.....—_... C1-33 w – C1 M co KING AVENUE WEST C1 14 1:tE C - 9 ZBA 2011-0007 Map 1: Subject Site-Zoning By-law 84-63 6.3 The subject site has frontage on both King Avenue West and North Street. As part of the Zoning By-law Amendment requested, the Applicant is seeking to have King Avenue West identified as the front yard. This change is recognized on the proposed Zoning By-law, Attachment 5. 7. SUMMARY OF BACKGROUND STUDIES 7.1 Planning Rationale Report This report provides an overview of the property and the surrounding area together with a review of relevant local, Regional and Provincial Planning documents. The report states that the proposal implements the vision of the relevant planning documents by intensifying under-utilized lands and introducing a compatible use that will service the REPORT NO.: PSD-071-11 PAGE 10 current and future needs of Newcastle Village. The proposed grocery store will be designed in consideration of the urban design goals and objectives of the Village Centre. The report's author suggests that the proposal offers positive economic benefits through job creation, increased tax revenue, and downtown investment. 7.2 Heritage Assessment Reports Heritage Assessment Reports were submitted by the Applicant for the properties located at 37 North Street and 92 King Avenue West. Both reports recommend that the owner (not the applicant), consider having the existing buildings relocated to another lot in or near the Newcastle area. This recommendation was made on the assumption that a willing buyer could be found to bear the moving costs and that the move could be accomplished within a reasonable timeframe. 7.3 Phase 1 Environmental Site Assessment (ESA) and Geo-Technical Investigation Report The Phase 1 ESA indicated that the subject property previously housed a woodworking facility. Based on the data that was collated and given that no direct evidence of impairment of soil and groundwater conditions was observed at the site, it was concluded that the risk for the site was low. The Geo-Technical Investigation Report indicated that the sampling soil and groundwater that was carried out complies with the industrial/commercial criteria set out by Ministry of the Environment (MOE). 7.4 Noise Analysis The study recommended a sound barrier fence be constructed along the north property line and that acoustical enclosures be installed around the rooftop mechanical structures. The Noise Study will be updated once the site plan and building design are completed. 7.5 Stormwater Management (SWM) Report The SWM Report indicated that the development of the proposed grocery store will increase the stormwater runoff from the site and increase pollutants generated on-site. The study recommends underground storage to restrict stormwater runoff. 7.6 Traffic Study The study recommended that the existing two-way stop control at the intersection of King Avenue West with North Street should remain in place. Both an eastbound left turn lane and a westbound left turn lane, each with 15 metres of storage, should be provided on King Avenue West at the North Street intersection. Refer to Sections 9.3 and 9.4 of this report for the Region's and the Municipality's review of this matter. REPORT NO.: PSD-071-11 PAGE 11 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 On May 9, 2011, the General Purpose and Administration Committee of Council held a Public Meeting in accordance with the requirements of the Planning Act. At that meeting, comments were received from ten members of the public. These comments expressed concern for: • The impact of the proposed development in close proximity to residential properties (e.g. Wilmot Street and North Street); • The compatibility of the proposed building design to nearby heritage properties along North Street and King Avenue West; • The functionality of the parking area to accommodate vehicular traffic; • The capacity of Wilmot Street, North Street and King Avenue West to accommodate future vehicular traffic; • The safety of pedestrians on Wilmot Street due to increased traffic and the lack of sidewalks; • Snow storage and snow removal to avoid flooding issues; • The visual impact from the Newcastle Community Hall's parkette; and • The lack of a pedestrian access to the building from King Avenue West. The public also voiced their support for the project based on the perceived benefits of having a new business located in the downtown core. 8.2 On April 6, 2011 and on May 18, 2011, the Applicant hosted Open House meetings at the Newcastle Community Hall to give the community the opportunity to provide comments on the Applicant's proposal. For the May 18, 2011 Open House, the Applicant presented revised drawings to the community incorporating brick for all facades and a more elaborate exterior for the building design. The following list summarizes the inquiries and comments received: King Street Avenue West/North Street • There is no vehicular entrance along King Avenue West which would mean that all traffic would have to access the site via North Street; • Can the intersection of North Street and King Avenue West handle the increased traffic; and • The lack of sidewalks on Wilmot Street will pose safety issues for pedestrians due to increased traffic. Safety, Noise and Privacy • The privacy of the abutting residential properties along Wilmot Street and North Street will be impacted by the proposed development; • The two vehicle accesses on North Street are a safety concern; • The noise produced by shopping carts being put away, parking and the parking lot lighting will have a detrimental impact on the neighbouring residential properties; and • Noise generated by delivery trucks and garbage removal. REPORT NO.: PSD-071-11 PAGE 12 Heritage Conservation • This development will impact existing heritage properties such as the Lewis Wilmot House (51 North Street); • The prevailing building designs in downtown Newcastle are two-storey brick buildings. The proposed building needs to be designed in such a way that it fits into the historic context of Newcastle Village; and • The supermarket should be designed to not impact the views from the Newcastle Community Hall parkette. Site and Building Design • The proposed building design is not accessible to pedestrians from King Avenue; • The proposed building design does not add to the vitality of the downtown core and streetscape; • The site should be designed to have a shared driveway with CIBC; • The proposed site design does not take into consideration pedestrian connectivity with the residential neighbourhoods to the north and neighbourhoods on the south side of King Avenue West; and • The need for additional screening /landscaping on North Street and north boundary of the site. 8.3 These matters will be further addressed in Section 10 of this report. The functional and site operational concerns will be addressed through the Site Plan approval process. 9. AGENCY COMMENTS 9.1 This application was circulated to a variety of Departments and agencies including the Durham Regional Planning Department, the Durham Regional Works Department, the Clarington Engineering Services Department and Ganaraska Region Conservation Authority. 9.2 The Regional Municipality of Durham, Planning Department initially advised the applicant is required to provide an analysis to confirm that the proposed development will not negatively impact the planned function of the Regional Centre. The applicant submitted an amendment to the Planning Rational Report dealing with this issue and Regional Staff are satisfied that the application will not have a negative impact to the function of the Regional Centre. An addendum to the geo-technical investigation report will be required to analyze the property with municipal address 45 North Street. An "Acknowledgement letter" indicating receipt of the Record of Site Condition RSC and that the site has not been selected for audit shall be submitted to the satisfaction of the Regional Planning Department prior to the approval of the subject applications. This will be addressed by a condition in the Site Plan Agreement. REPORT NO.: PSD-071-11 PAGE 13 9.3 The Durham Regional Works Department advised that they have issues with the proposed eastbound and westbound turn lanes at the intersection of King Avenue West and North Street, the proposed bus stop location and the conclusions of the traffic study. 9.4 The Clarington Engineering Services Department has no objection to the proposed Official Plan Amendment and rezoning of the subject lands, in principle. However, the Engineering Services Department continues to have concerns with the levels of service provided to all movements of southbound traffic at the intersection of King Ave. W. and North St. and the potential impact of the traffic patterns on the surrounding roadways. As well, the Engineering Services Department is concerned for pedestrian movement in the vicinity of this intersection as traffic increases as a result of this development. The Engineering Services Department is of the opinion that, in order for the development to proceed, traffic signals must be installed at this intersection in light of the above safety- related issues. In consultation with the Region, traffic signals can be installed in this location. In consideration of the Region's Traffic Signal Installation Policy based on an estimated cost for the traffic signals of $200,000, the Region will pay 50%, the Municipality will pay 25% and the developer will pay 25% (to a maximum of $50,000). This cost sharing arrangement has been discussed with all parties, and the developer is agreeable to this cost sharing arrangement. Other external improvements (the cost of which will be the sole responsibility of the developer) include replacement of the sidewalks on King Ave. W. (across the frontage of the development) and the construction of sidewalks on the east side of North St. from King Ave. W. to the north limit of the development. 9.5 The Ganaraska Region Conservation Authority (GRCA) have advised that the northwest corner of 45 North Street is within their regulation limit. This is based on an offset from the flood plain, which occurs across the street. There are no issues or concerns with the flood plain affecting the subject lands or this development proposal. GRCA have advised that they have no objections to the proposed Official Plan Amendment or Zoning By-law Amendment. Other concerns with respect to stormwater management will be dealt with through the Site Plan process. 9.6 The heritage status and the relocation of the buildings located at 92 King Avenue West and 37 North Street were the subject of report PSD-042-11. Given the lack of significant architectural, historical or associative value of 92 King Avenue West, staff agreed with the owner's intention to demolish. The Heritage Assessment for the house located at 37 North Street did not provide sufficient justification to add the house to the Municipal Register. 9.7 The Clarington Heritage Committee (CHC) reviewed the development proposal at their regular meeting of April 19, 2011 and passed the following motion: "That the building incorporate the architectural design features of the existing heritage structures in the downtown core; REPORT NO.: PSD-071-11 PAGE 14 That the facade of the building facing King Avenue West have the appearance of an historic multi-unit commercial development with wood detailing on the first floor as in the building located at 101 — 109 King Avenue West; That a pedestrian access be provided into the building from King Avenue West; That the building be constructed with an all brick exterior and architectural details such as quoins and cornicing; That the loading dock wall be constructed of brick; That the exterior walls that do not have windows incorporate public art such as murals and/or historical photographs that have an attachment to the community; and That the final elevation drawings be circulated to the Committee as part of the site plan approval process." Many of the concerns with respect to the development proposal will be dealt with through the site plan process. 9.8 The Clarington Accessibility Advisory Committee advised that another customer entrance door on King Avenue is preferred in order to accommodate persons who would be walking to the grocery store. Other concerns will be dealt with through the Site Plan approval process. 9.9 At the writing of this report, the Finance Department confirmed that taxes for the properties subject to this application have been paid. 10. STAFF COMMENTS 10.1 Expanding the Boundary of the Newcastle Village Centre The purpose of the amendment is to re-designate a portion of the subject lands (45 North Street) from Urban Residential Area to Village Centre and Street-Related Commercial Area to round out the existing Newcastle Village Centre. The proposed development will provide opportunity to increase the types of uses found within downtown Newcastle. The proposal achieves the Newcastle Village Centre Secondary Plan's goals of consolidating smaller land parcels in an attempt to efficiently utilize existing infrastructure and amenities. 10.2 Proposed Official Plan and Zoning By-law Amendments A grocery store (supermarket) is already permitted by the current Official Plan and Zoning By-law designations on the portion of the property which is not subject to these applications. The Official Plan and Zoning By-law amendments for 45 North Street will permit the update of the limit of the "EP" zone based on the revised mapping of the flood plain, a better function for the overall site and the provision of additional parking beyond the minimum requirements of the Zoning By-law. The Zoning By-law REPORT NO.: PSD-071-11 PAGE 15 amendment for 37 North Street will bring the existing zoning of this property into conformity with the current designation of the property within the Clarington Official Plan which is "Street Related Commercial". As the building and parking area are already located within the Regional Centre, Municipal Planning Staff are satisfied that the requested Official Plan Amendment represents a minor change to the Village Centre boundary and will not have any impact on the function of the Village Centre. Furthermore, the proposal should serve to enhance the function of the Village Centre. 10.3 Removal of Heritage Identifications Given Council's endorsement of the recommendations in report PSD-042-11 with regards to the heritage attributes and relocation or demolition of the buildings located at 37 North Street and 92 King Avenue West, the identification of these two structures as heritage buildings will be removed from Map A, Land Use, Newcastle Village Centre Secondary Plan in conformity with recommendations of report PSD-042-11. 10.4 Compatibility with Residential Uses The location of the grocery store near residential properties has raised some compatibility concerns. Staff and the community have expressed that the proposed site layout and building need to be designed in such a way that fits into the existing context of Newcastle Village with measures such as: • Building design to complement the existing character of the Village; • Fence/Landscaping along north boundary adjacent to Wilmot Street properties; • Landscaping/screening along North Street east side; and Newcastle Village Centre Secondary Plan states that where parking areas are sited across the road from residential uses, the proposal shall incorporate high quality landscaping/screening such as a low wall and street trees to provide a sense of enclosure. A landscaping strip along North Street will be required to accommodate sufficient landscaping/screening and a low decorative wall. Staff are working with the architect to ensure that the landscape requirements mitigate the impacts of the development for residents of North Street. Staff and the community have indicated the need for a suitable privacy fence along the northerly property line to mitigate noise and lighting from vehicles and shopping carts. A 1.8 m wooden fence is currently proposed. Any additional Site Plan and compatibility issues between the commercial and residential uses such as noise, refuse, landscaping, privacy fencing, parking, illumination and building design will be addressed through the Site Plan approval process. REPORT NO.: PSD-071-11 PAGE 16 10.5 Compatibility with Downtown The site plan shows a building which has been sited as close as possible to King Avenue West and locates the parking area behind the building. The main customer entrance has been located on the east side of the building, approximately 24 metres from King Avenue West. A pedestrian connection from King Avenue West will be provided by way of a walkway along the east side of the building. The walkway will include bicycle racks and benches. A second customer entrance is located on the north side of the building providing direct access to the store from the parking area. Two characteristics of an active street life and a positive retail and commercial environment for pedestrians are: • Direct street access for pedestrians; and • Transparent glass windows to allow views into the businesses. The existing buildings along King Avenue promote an active street life experience by providing direct street access for pedestrians and transparent glass windows that allow views into the buildings at pedestrian level. Some of the businesses along King Avenue also have outdoor displays, selling areas and other amenities such as bicycle racks and benches that provide comfort and interest for pedestrians. The majority of the building fapades located near the proposed development such as House of All Nations, and Newcastle Community Hall have between 20% and 80% windows (transparent glass) at the pedestrian level. The current development proposal lacks direct street access into the business for pedestrians from King Avenue West and does not have transparent glass windows at the pedestrian level therefore not allowing views into the proposed business. The design of this building should complement the existing downtown character with the provision of sufficient amount of pedestrian level windows. These windows are even more important because a direct pedestrian access has not been provided. Staff will be seeking transparent glazing on the front fagade but the developer has not yet agreed to this due to the proposed internal layout of the store. This is an important issue to be resolved. The revised building design shows a one-storey, all-brick building with a light beige colour. The architecture captures some of the character of the Village Centre with building elements such as a parapet with faux windows, cornices, and awnings. The following design elements would assist in achieving a final building design which is compatible with the character of the Village: REPORT NO.: PSD-071-11 PAGE 17 • All fagades to be constructed using a brown, burgundy or red palette to complement the predominant brick colours found in the Village Centre Heritage Buildings; • An active commercial frontage along King Street Avenue West through the provision of transparent windows and display windows at street level; • Recesses and projections in the building fagade which add depth and character to the building design; • A band of wood cornicing or decorative soldier course on the first floor; • Areas for community murals (Public art) along north elevations; • Local, historical images could be incorporated into the building facade; • Heritage-signage designed to complement the store front; and • Additional elements such as pedestrian-scale lighting, street furniture and landscaping should be of a design and scale that is reflective of the site's location within downtown Newcastle. 10.6 Parkinq Areas and Connecting Laneway The subject proposal intends to utilize the adjacent property to the east to provide a connecting laneway to Mill Street. This laneway access will need to be secured by means of permanent complimentary easements through the Durham Land Division Committee. 10.7 It is recommended that the zoning for the two properties along North Street (37 and 45 North Street, Newcastle) be approved with a Holding (H) Symbol until such a time as the Applicant has received site plan approval, permanent easements for a laneway to access Mill Street have been granted and the Municipality has received all required financial securities. 11. CONCURRENCE: Not applicable 12. CONCLUSIONS 12.1 The intent of the amendments is to round out the existing Newcastle Village Centre and to bring the zoning into conformity with the current designation of the Clarington Official Plan. It is staff's opinion that the proposed amendments to the Official Plan and Zoning By-law are appropriate and represent good planning. The proposed project will provide employment and economic stimulus, plus create and an alternative to families when deciding where to do their shopping. Once in the downtown, these shoppers will have the opportunity to visit other downtown businesses. 12.2 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 the Official Plan for a portion of the subject lands (45 North Street) from "Urban Residential Area" to "Village Centre" and "Street Related REPORT NO.: PSD-071-11 PAGE 18 Commercial Area" be ADOPTED as Amendment No. 81 to the Clarington Official Plan; • the application to amend Zoning By-law 84-63 be APPROVED; • that a by-law lifting the Holding (H) Symbol be forwarded to Council once the conditions noted have been satisfied. 12.3 Staff will continue to work with the Applicant through the site plan approval process to ensure that the development complements the surrounding residential neighbourhood and historic downtown character. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Ruth Porras, Sr. Planner Attachments: Attachment 1 - Key Map Attachment 2 - Conceptual Site Plan and Elevations Attachment 3 - Official Plan Amendment Attachment 4 - By-law Attachment 5 - Zoning By-law List of interested parties to be advised of Council's decision: Newcastle (King) Developments Inc. Steven Coupland Syvan Developments Limited Joyce and Ron King Yvonne Gilkes Kevin and Darlene Hawes Mildred Fisher Sheila Patrick Lawson R. Gay Wendy Couch John Oates Hans and Barbara Colhourgen Terra and Perry Mucci Pat Thexton Roger Hardy Barry Carmichael Allan Kirby Nancy Mallette Bart Wysokinski Marjorie Caswell Kristina Stephanich Peter deJong Arnold Mostert Wylma Allin REPORT NO.: PSD-071-11 PAGE 19 Barry Jones Narda Hoogkamp Heather Rutherford Bill and Ulva Calver Richard Jefferson Tenzin Gyaltsan Dorella Forget Steve Richmond Jack Gordon Myno VanDyke Betty Lou and Ron Locke Sue Green Valentine Lovekin Gail McKenzie Amos and Doreen Langley Derek Hannan D. Hickson Robert and Lorraine Forget Joyce Kufta ATTACHMENT 1 TO REPORT PSD-071-11 3 8� 133 Sa3A/38 � 133aLS a3AY38 � W W TOME W = E. NH aON 33a1S TiW H1aON 13 a1S W H 05133x15 Y H 05133a < ® ® ' V N SpO� a �133a1S H � �-n O O O 0 ® y� Q 1n APP W fn 3 o d-• & w $ 5�& .a) P a o CL Y CL H1aON 133x15 H1aON 133a1S NIMO'roB 'G (o N A c C 00IW3a Q Q m m C . O v v ` ws, \ N c a3i E 00 z iz,��n�ofTm 0 o C s U Q a Z� ------------; 1 I --- I _zz - (n J 1 i i W _ I 1 1 133b1S H-WON ATTACHMENT 2 TO REPORT PSD-071-11 ^t'a.- j '�' Z Q V G tVF Lag�� `-_�- aaaaaay..vvv«aaa 6 66 �$ 9n� s�aI9°3� g9W ed ..__.............. ........_ ------- -- a Ul ------ 5.704-6.DO- i. o yt ziy e{ Q Fry of @ a � m d ' o s - ` I I n 2.6 V $ ........... O .t Lq : a Sri i J39 H HN - rr � r | . | \ 2 ) § [ \ lru 9 § L ^ § | K / XI:( 2P!\ ] Lu 7 \ a k§) \ ] (2 LU �. � � & . \ | ) . � \ > ° � \ � } U q LU b � . 7 a !} 2 , ce w ATTACHMENT 3 TO REPORT PSD-071-11 AMENDMENT NO. 81 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment is to re-designate a portion of the subject lands (45 North Street) from "Urban Residential Area" to "Village Centre" and "Street Related Commercial Area" to round out the existing Newcastle Village Centre. BASIS: The application is based on an Official Plan Amendment application (COPA 2011-0002) submitted by Newcastle (King) Developments Inc. ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended as follows: 1. By including an exception to Section 23.14 to create Subsection 23.14.15 as follows: "23.14.15 Notwithstanding Section 9.3 of the Clarington Official Plan and Section 4.1 of the Newcastle Village Centre Secondary Plan the lands located at 45 North Street and described by assessment roll number 181703013008200 shall be re-designated to Street Related Commercial Area." 2. By Amending Map A4 — Land Use Newcastle Village Urban Area as shown on Exhibit "A" to this amendment. 3. By Amending Map H3 — Neighbourhood Planning Units Newcastle Village Urban Area as shown on Exhibit "B" to this amendment. 4. By Amending Map A — Land Use Newcastle Village, Village Centre Secondary Plan as shown on Exhibit "C" to this amendment." IMPLEMENTATION: The provisions set forth in the Clarington Official Plan as amended; regarding the implementation of the Plan shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan as amended; regarding the interpretation of the Plan shall apply in regard to this amendment. U) aa / l o ' l 133diS 2AnH1bH m a 0 ° m L OD :: Q >- LU M M _ W J W Q .V .: LL (IMA IHNOIOA2J m � v � 3 � z o as f- N T-- :3 co o � z ++ J w Ea M w U)cv EE w ' a Q � - az � = Y o � x w �, CD a �- m Q U .O p = cD p w C a � 0 � .0 0 •L 133b1S 2�f1Hlb`d m N = o •� 3 " C' z Z ._ LiJ � = V o LU ~ �C J L1 GVOIJ IVNO J32J � a 0o o -0 zo C = E0 0 c •� 0 E Q Z =- o w m = M _ Z o ,-- w d CD tLO Q Q C� o � d c� a� c s � V � ,00❖.o❖.❖.•1 1❖.❖.❖.❖.❖. ❖.❖.❖.❖.❖.�. o.❖.•0.•.00001. ........... 1❖.❖.❖.❖.❖.; ❖.❖.❖.❖.❖.•1 • �•o.❖.•o.❖.❖.. u �,.❖.❖.❖.❖.❖;, .......... . .......... .00.1 o.•oo.❖.❖.1 :�•O•••••••••••••1 ►••iiii00�01 • -iiiiiii !001.1.1.1.1 ► ••••••• ►•••••• ►••••••, ••••••• HNIUM • �iiiiiii :❖:❖:❖:1 • '4\\\\4\•'\,•4\�\ �4\V4\�A\4\♦'�4\p\\4\\. fin )\\CQ\\�,,%%%%-%%\\\\ 0 mm 1 I 1 •WN • 1 1■ •1111 • 11111111111111111111111 i1i ' 1111111111111111111 11 M: HINUMMUNI. 1 • 1 • N. mu • 1 1 1 •• • • 1 • • 1 1 .'':\�'�4'ii�iiiii%1111 1 �,`4\\\ :111111 111 1 • 1 •"V\V:1 -- • 1 2........ . .MM.1,-" 1 1 1 ___________ • 1 • ... 4\•'� V • ...%N A&%%" 1 1 '., 1114\\V\�'-V\\* YY.YYY\l iii'N%� '\\"N ♦, �,i� 111` _______--_-_ ,❖•1 /••••1 /••••1 1••••1 • ILI _ 1 • • • 1 N!" • • u ATTACHMENT 4 TO REPORT PSD-071-11 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO'. 2011- being a By-law to adopt Amendment No.81 to the Clarington Official Plan. WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan by adding a new policy to Section 23.14.15 to re-designate a portion of the subject lands (45 North Street) from "Urban Residential Area"to"Village Centre" and "Street Related Commercial Area"to round out the existing Newcastle Village Centre. NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1.That Amendment No. 81 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted; and 2:This By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of 2011 BY-LAW read a second time this day of 2011 BY-LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT TO REPORT NO. PSD-071-11 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- being a By-law to amend Zoning By-law 84-63 of the Corporation of the Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2011-0007; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5 "SPECIAL EXCEPTIONS-GENERAL COMMERCIAL(Cl)ZONE" is hereby amended by adding a new special exception as follows: "SECTION 16.5.57 GENERAL COMMERCIAL EXCEPTION (C1-57)ZONE Notwithstanding Section 2 those lands zoned "C1-57"on Schedule"A"of this By-law shall be used for the uses permitted in the General Commercial Zone and in accordance with following definitions and regulations: a. Definition: i) Lot Line, Front: shall mean the portion of the property which fronts onto King Avenue West. 2. Map Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One Exception (R1-1) Zone" and Environmental Protection (EP)to"Holding-General Commercial((H)C1-57)Zone" "General Commercial Exception (C1-33) Zone"to "General Commercial Exception (C1- 57)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 34 of the Planning Act. BY-LAW read a first time this day of 2011 BY-LAW read a second time this day of 2011 BY-LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2011 - 1 passed this day of 1 2011 A.D. WILMOT STREET ..J LU LU U) O Z KING AVENUE WEST N ®Zoning Change From"C1-33"To"C1-57" Zoning Change From"EP"To"(H)C1-57" Zoning Change From"R14'To"(H)C1-57" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk O N ST EAST 3 G z JA D LENS G R OT LUMA GIVEN ROgp KI U I G AV UE EA T N I IL Newcastie Villa a ZBA2011-0007 x E ® SCHEDULES RN