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HomeMy WebLinkAboutA2022-0013 109 King Ave E CommentsClarftwn Planning and Development Services Committee of Adjustment If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: April 28, 2022 File Number: A2022-0013 Address: 109 King Avenue East, Newcastle Report Subject: A minor variance to increase the maximum commercial unit size from 600 square metres to 971 square metres and to eliminate the requirement for a non-residential entrance located within the street facade (Beaver Street). Recommendations: 1. That the Report for Minor Variance A2022-0013, be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2022-0013 for a minor variance to Table 16.5.62.c of Zoning By- law 84-63 to increase the maximum commercial unit size from 600 square metres to 971 square metres, and to eliminate the requirement for a non-residential entrance located in the street fagade (Beaver Street) be approved as it is minor in nature, desirable for the appropriate development or use of the land and maintains the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan; and 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2022-0013 Page 2 1. Application Details Owner/Applicant: Gyaltsan Property Management /Tenzin Gyaltsan Minor variance to Table 16.5.62.c of Zoning By-law 84-63 to Proposal: increase the maximum commercial unit size from 600 square metres to 971 square metres and to eliminate the requirement for a non-residential entrance located within the street fagade (Beaver Street). Area of Lot: 4,394 square metres Lot Frontage: 56 metres (Beaver Street South) Lot Depth: 78 metres Location: 109 King Avenue East, Newcastle Legal Description: Part Lot 28, Concession 1, Former Township of Clark Zoning: "General Commercial Exception C1-62 (SA/6) Zone" in Zoning By-law 84-63 Durham Regional Official Regional Centre Plan Designation: Clarington Official Plan Village Centre Designation: Newcastle Village Centre Street -Related Commercial Area Secondary Plan Designation: Heritage Status: None Municipality of Clarington Committee of Adjustment A2022-0013 ET F— W �8�5 8476 87 UJ r �I Z64 61 58 n S1 56 w 59 LOT27 CON2 w59 LOT:29 56 J 50 W 49 IZ w - 39 ~ 34 coC/) 47 10to II G OO 1(j N CDO't N OD �j O (0l V O NN N C7 �� V O co EAST KING AVENUE to rn r V �N 46 OT 58 T N T N N l V V li 0 U) i— W ST E w jEMILY S3 1 82 U)N — 0 91 92 1089 � W 87 W99 1099 108 LLJ 107 106 W 107 1133 119 LOT:2s 118 m 115 �I CON: 1 127 114 m 136 J 133 3 CAROLINE ST E 139 151 1165 164 159 N 160 165 Pro VI,-r � L co ON -0 TC _ ' 98 LD (D 94 9086 LOT:27 82 78 74 46 8 70 42 38 54 W 5034 W 39 30 35 W 42 ❑31 26 ❑ 27 38 2[2 34 23 30LU 18 J 19 ---- (Newcastle) I`f� �xkntl Selene W Kl�ur lunml I k� Area Subject To Minor Variance S I co�M1� I��e 109 King Avenue East �- a i-- -'Newcastle A2022-0013 T a k c 0 rr t a r„ Figure 1: Location map Page 3 Municipality of Clarington Committee of Adjustment A2022-0013 2. Background Page 4 2.1 The subject property, 109 King Avenue East, contains a six storey, mixed -use development located on the east side of the intersection of Emily Street and Beaver Street South in the Village of Newcastle (See Figure 1). 2.2 The development was approved in 2017 for retail at grade, offices on the second floor and residential uses on the 3rd to 6tn floors, vehicular access from Beaver Street south and 41 underground parking spaces. The construction was completed in 2021 (see Figure 2). Figure 2: Existing building (west elevation facing Beaver St.) 2.3 In 2019, the Owner requested a Minor Variance to relocate the residential entrance along Beaver Street South to the fagade facing the parking area to accommodate the floor space needs of tentative tenants that required opening the ground floor plan to allow greater flexibility. The Minor Variance was approved in 2019; however, the ground floor space was never leased and remains vacant. 2.4 The Owner has indicated that despite the global pandemic (COVID 19), a tentative tenant (Dollarama) has shown interest on the existing ground floor commercial space. Municipality of Clarington Committee of Adjustment A2022-0013 Page 5 2.5 The Owner has negotiated a conditional lease for the total 971 square metres of ground floor commercial space (see Figure 3). Parking Area Entrance to Residential and Office Uses FF y e L .yam. q 160 square metres 't d _ Commercial Area I Service Area 3 Walkway - ` s.. o _ t ; 811 square metres ° I Commercial Area a � a r r r,-rJsr✓r Beaver Street South ' Figure 3: Existing Ground Floor Plan 2.6 This Minor Variance application is seeking relief from the unit size and non-residential entrance location along Beaver Street South requirements to facilitate a single commercial unit occupancy (see Figure 4). Municipality of Clarington Committee of Adjustment A2022-0013 Page 6 Proposed Entrance Entrance to Residential to Commercial Use and Office Uses r � 1 - — x Z��rM Lec:2ll 11 II� II 1 II 11 If II - �ii��Zj - 1 rTotal Floor 11 11 11 E,\ 1 971 square metres r Il II 11 !! II i1 II it 111 I'� ii i1 II IM 11 II !I I� !1 ii II !� li��l II • • - • • • 3.1 The required signage for this application was installed on the property and the appropriate notice was mailed to each landowner within 60 metres. 3.2 As of the writing of this report, Staff received four inquiries regarding the application (all from residents of 109 King Avenue East). Two residents objected to the proposed size of the unit and indicated that the zoning by-law reflects the opinions of the community when the property was rezoned. Another resident is concerned with the entrance location of the commercial unit being adjacent to the entrance to the building as it will intensify pedestrian traffic of residents, tenants and costumers of the offices units and proposed commercial units. One resident has noted an objection to the application until the Owner provides confirmation that the conditions for registering the access easements of the property have been cleared. Staff contacted the residents to let them know that their comments have been sent to the Committee for their consideration. Municipality of Clarington Committee of Adjustment A2022-0013 Page 7 4. Departmental Comments 4.1 The Infrastructure Division of Public Works has no objection. 4.2 The Building Division of Planning and Development Services has no objection. 4.3 Clarington Emergency and Fire Services Department has no objection. 5. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 5.1 The property is designated Regional Centre in the Durham Regional Official Plan. Regional Centres are to be the focal point of development in the Region with an integrated array of diverse uses. The proposed unit size and location of the entrance will facilitate a permitted commercial use and is compliant with the intent of the Durham Regional Official Plan. 5.2 The property is designated Village Centre in the Clarington Official Plan, and Street - Related Commercial Area in the Newcastle Village Centre Secondary Plan. The Village Centre and Street -Related Commercial Area designations incorporate the heritage downtown area and adjoining redevelopment areas and intend to serve as the focal point of the community and serve primarily local needs for retail and service uses. The proposed larger unit will provide a commercial use that will serve the needs and contribute to the area as a focal point of the community. 5.3 The Clarington Official Plan, Newcastle Village Secondary Plan and Newcastle Village Centre Urban Design Guidelines of the Secondary Plan require commercial buildings to be sited near the street line. In this area building provide entrances with canopies and architectural elements that are connected to the street and promote active street life and enhance the historic character of the area. 5.4 The existing building design borrowed architectural cues from the neighbouring Massey Building to provide an appropriate architectural design given the context of the neighbourhood. Consistency in fagade and trim on this building reinforce the heritage of the adjacent Massey building. Importance was placed on creating a contiguous horizontal street fagade with the use of similar building massing and elevation materials. The elevation design provided building articulation with columns that created bays and allowed the placement of windows and doors and a canopy to enhance the streetscape. The proposed larger unit will remain visually unchanged and the architectural elements of the building such as the location of doors, central canopy and other architectural elements will continue to promote a welcoming active street life and enhance the historic character of the area and streetscape. The entrance to the proposed commercial unit would also be connected to Beaver Street South through the existing walkway that wraps around the building (see Figure 5 and 6). 5.5 The proposed larger unit and location of the entrance for a permitted commercial use is compliant with the intent of the Clarington Official Plan. Municipality of Clarington Committee of Adjustment A2022-0013 Page 8 Figure 5: Proposed commercial ground floor elevation along Beaver Street South Figure 6: Proposed commercial ground floor entrance facing the east parking area 5.6 For the above stated reasons, it is Staff's opinion that the application conforms to the intent and purpose of both Official Plans. Conformity with the intent and purpose of the Zoning by-law 5.7 Within Zoning By-law 84-63, the property is zoned "General Commercial Exception C1- 62 (SA/6) Zone" . The C1-62 (SA/6) Zone" includes commercial uses of similar scale to those within the historic downtown and pedestrian oriented buildings that promote active street life. 5.8 The proposed larger unit size and non-residential entrance located on the east side of the building still maintain the general intent and purpose of the Zoning By-law, as the structural elements of the building that create the visual perception of having multiple stores will remain; these also include the placement of doors, windows and other architectural design elements that contribute to enhance the character of the historic downtown and promote an active ground floor that remain unchanged. 5.9 For the above stated reasons, it is Staff's opinion that the application conforms to the intent and purpose of the Zoning By-law. Desirable for the appropriate development or use of the land, building or structure 5.10 The mixed -use building includes design elements that are consistent with the policies of the Clarington Official Plan, Newcastle Village Centre Secondary Plan, Newcastle Village Centre Urban Design Guidelines and Zoning By-law. These policies, guidelines and standards facilitate commercial units that would animate the street and building entrances facing public streets that promote active street life and enhance the historic character of the area. 5.11 The proposal is not contrary to the policies, guidelines, and standards and is desirable for the appropriate development because the proposed larger unit and entrance location Municipality of Clarington Committee of Adjustment A2022-0013 Page 9 will not alter the structural elements of the building and external architectural design of the building or street fagade. From the street, the design of the building with bays and doors will still be perceived as multiple units. The transparent glazing on doors and windows would also allow views from the street in the commercial unit to create an active street. 5.12 As a result of the circulation to staff and agencies, no technical reasons were raised that would suggest the minor variance should not be approved. 5.13 For the above stated reasons, it is Staff's opinion that the minor variance requested is desirable for the appropriate development or use of the subject property. Minor in Nature 5.14 The maximum unit size and non-residential entrance along the street fagade is to ensure that commercial uses enhance the character of the historic downtown and animate the street. The proposed request is to increase the unit size and to move the non-residential entrance to the east side of the building. The changes requested will not require structural modifications to the buildings or changes to the architectural elements of the fagade. The proposed unit will still be perceived as multiple units through the design elements of the building. The proposed entrance will still be connected to Beaver Street South via the walkway that wraps around the building. There is no anticipated impact to the street activity by the proposed variances. 5.15 Planning Staff received no adverse comments from internal departments and agencies. 5.16 For the above of stated reasons, it is Staff's opinion that the proposed increased unit size, and removal the requirement for a non-residential entrance located in the street fagade (Beaver Street) are minor in nature. 6. Conclusion 6.1 It is Staff's opinion that the application conforms to the intent and purpose of the Regional and Municipal Official Plans, the Zoning Bylaw, is desirable for the appropriate development or use of land and is deemed to be minor in nature. 6.2 Given the above comments Staff recommends approving this application for a minor variance to Table 16.5.62.c. of Zoning By-law 84-63 by increasing the maximum commercial unit size from 600 square metres to 971 square metres and eliminating the requirement for a non-residential entrance located in the street fagade (Beaver Street) to facilitate the development of a retail commercial establishment. Municipality of Clarington Committee of Adjustment A2022-0013 Page 10 Submitted by: Ron Warne, Manager, Development Review Branch Staff Contacts: Ruth Porras, Lisa Backus The following interested parties will be notified of Committee's decision: Tenzin Gyaltsan