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HomeMy WebLinkAboutPSD-007-15 (J'an*114,11on, Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: January 19, 2015 Report Number: PSD-007-15 Resolution: File Number: ZBA 2014-0018, RE 4.16 By-law Number: - C Report Subject: Former Newcastle Fire Hall (247 King Avenue East, Newcastle) 1. Declaration of Surplus Land 2. Process for the Clean-up and Disposal of the Surplus Site 3. Permit Commercial and Mixed-uses on the Site Recommendations: 1. That Report PSD-007-15 be received; 2. That Council declare the property Municipally known as 247 King Avenue East, Newcastle, as surplus; 3. That Council authorize Staff to proceed with site remediation, including demolition of the building and the funds be drawn from the Land Acquisition account; 4. That a road widening, as required by the Durham Regional Official Plan, be conveyed to the Region of Durham; 5. That Council authorize Staff to sell the subject site once it has been remediated by proposal call as outlined in Confidential Attachment 2 (under separate cover); 6. That the Zoning By-law application, to permit commercial uses on the former Newcastle Fire Hall property, be approved with a "Holding (H) Symbol" as contained in Attachment 3 to Report PSD-007-15; 7. That a by-law be forwarded to Council to lift the "Holding (H) Symbol" at such time as the purchaser has entered into a site plan agreement; 8. That the Region of Durham Planning and Economic Development Department and the Municipal Property Assessment Corporation be forwarded a copy of Report PSD-007-15 and Council's decision; and 9. That all interested parties listed in Report PSD-007-15 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-007-15 Page 2 Report Overview The former Newcastle Fire Hall at 247 King Avenue East was purchased by the Municipality in 1975. With the relocation of the fire station to a new building, it is recommended that the Municipality: 1. Declare the property surplus; 2. Undertake the necessary demolition and site remediation work; and 3. Sell the land by public proposal call. Staff further recommends that the lands be rezoned to permit commercial uses which is consistent with the Municipality's vision for the Newcastle Village Centre. Future uses on this site may include retail, service and office uses. Residential uses, in the form of apartments, will be permitted on this site as long as they are located above the ground floor. The proposed zoning regulations for the site are intended to implement principles of good building design, the protection of privacy, and to mitigate drainage, noise and light impacts on adjacent properties. 1 . Property 1.1. Background The existing building on the site was constructed in approximately 1950. It was owned by and used as Carveth Motors and service station (auto repair in the bays). There most likely was some form of gasoline storage tanks on the property at some point prior to or as part of Carveth Motors. The Municipality acquired the site in 1975 and began to use it as a Municipal Fire Hall in 1976. The former Newcastle Fire Hall ceased to be used as a municipal fire station as of March 22, 2014, when the new Alfred Alldread Fire Station opened at 3333 Highway 2 on the west side of Newcastle. Presently, the Clarington Operations Department is utilizing a portion of the existing building for material and equipment storage. The rest of the building and site are vacant. A Phase 2 Environmental Site Assessment was prepared which identified that the levels of petrochemical hydrocarbons in the soils on-site exceed the Provincial standards. A supplementary report outlines the process for and estimated costs of site remediation. A Pre- Demolition Designated Substances Survey was prepared for the building which has some designated substances and hazardous building materials common in buildings of this vintage. At a Public Meeting held on June 23, 2014, Report PSD-039-14 laid out the Municipality's intention to bring the zoning for the former Fire Hall property into conformity with the Clarington Official Plan and Newcastle Village Centre Secondary Plan (Secondary Plan). Municipality of Clarington Report PSD-007-15 Page 3 1.2. Declaring the Property Surplus Staff have canvassed all Municipal departments and determined that, in the long term, the Municipality does not require the former Newcastle Fire Hall site to remain in public ownership. It is Staff's recommendation that this property be declared surplus. Bylaw 2011-11 sets out that the procedure to be followed prior to the disposal of Municipal land. Before land is sold, Council must: a) Declare the property to be surplus; b) Obtain at least one appraisal or letter of opinion by a qualified appraiser of the fair market value of the land to be sold. Confidential Attachment 2 outlines the comments of the appraiser. c) Give notice to the public of the date and time when Council is going to consider the disposal of the land. Notice shall be given either by advertising in the newspaper or by posting a notice on the municipal website. The current rezoning process was initiated with the intention that this property be redeveloped in keeping with the policies of the Secondary Plan and the Urban Design Guidelines. Until the property is sold it will remain under the supervision of the Operations Department. A number of interested parties have notified the Municipality of their interest in acquiring this property. These interested parties have been notified of the proposed change in zoning and of this report. 1.3. Site Clean-Up In order to reduce the risk for future purchasers and to facilitate the expedited redevelopment of this property, staff recommend that the Municipality should take on the responsibility for the remediation (clean-up) of the soil on this site and demolition of the building. The clean-up should be completed to a level that would permit both commercial and residential uses to potentially occupy the site in the future. The estimated cost for this clean-up and demolition, including removal of all designated substances, would be recovered from the proceeds of the sale of the property. 1.4. Property Sale Staff are seeking Council approval to proceed with a proposal call for the sale of this property. All proceeds from the sale of this property would be returned to the land acquisition account. Aerial mapping of this former Fire Hall property appears to indicate that at least one neighbour has encroached onto the subject site. Prior to the sale of the property, a survey will be completed of the entire property. Any encroachments or property line disputes will be resolved before the property is advertised for sale. Municipality of Clarington Report PSD-007-15 Page 4 2. Land Uses 2.1. Context King Avenue is the commercial centre of downtown Newcastle. Several of the neighbouring properties to the west of this site have already been zoned to permit commercial, mixed-use for the last 30 years. Though not yet complete, the conversion of residential homes to commercial uses is already underway along King Avenue between the downtown and the former Fire Hall site. The purpose of the requested amendment to the Zoning By-law is to permit commercial uses on the former Newcastle Fire Hall site. There are a limited number of commercially zoned sites in Newcastle which are vacant or are suited for redevelopment. By amending the zoning of this site to permit commercial uses, the amount and diversity of commercial land available in Newcastle will be increased. Since it is located within the Provincial "Built Boundary", redevelopment of this property will be considered intensification. 2.2. Public Comments During the Public Meeting, several members of the public provided comments regarding this application. Only one individual expressed outright objection to the proposed commercial uses in favour of affordable housing. The remainder of the comments were generally supportive of the proposed commercial land uses provided that potential impacts were addressed. These impacts included: • Site Plan/Design issues (i.e. privacy, noise, lighting, drainage and dust) • On-site contamination from historic uses affecting neighbouring properties; and • Reduced property values. J FIGURE 1: Existing Fire Hall and rear property line viewed facing west I � - Municipality of Clarington Report PSD-007-15 Page 5 In conjunction with the potential impacts generated by commercial uses on this site, a number of related concerns were also raised at the Public Meeting. These comments included: • The property is not being maintained on a regular basis; • The redevelopment of this site may force Metrolinx to discontinue GO Bus service to downtown Newcastle; and • Commercial land use rights should be extended to the five neighbouring properties to the west. A response to the potential impacts and related concerns noted above has been included in Sections 2.3 of Report PSD-007-15. 2.3. Discussion Potential Impacts Due to the fact that subject property is bordered on two sides by existing residential neighbours, the proposed Zoning By-law regulations and standard Site Plan criteria will be used to mitigate future noise, lighting and privacy concerns. Commercial land uses which have the potential to generate a lot of noise, such as nightclubs, will not be permitted. In addition, restaurant patios may not be located between the building and a residential neighbour. Any new building constructed on this property will be required to locate near the front property line and will include a 15 metre setback from abutting residential lots to the south on Harmer Drive. Due to the significant change in grade between the subject property and the residential neighbours to the south, an appropriate setback and landscape buffer will be taken from the rear property line. Municipal Site Plan criteria require full cut-off lighting which will prevent light trespass onto neighbouring properties. Nevertheless, the illumination of the future parking area will be noticeably different from the current on-site illumination. The introduction of new uses and/or equipment in the future will be required to demonstrate that noise levels will not exceed the Ministry of Environment requirements. All proposed developments must submit drainage plans illustrating how they will address stormwater on their property. The future owner will be required to maintain or improve the stormwater function on this property. Site Plan approval will not be granted until a satisfactory stormwater management plan has been provided. The Municipality's consultant has evaluated the on-site contamination and concluded that the neighbouring properties are not at risk of exposure from contaminants on the subject site. Future redevelopment of the former Fire Hall site will require that the on-site contaminants in the soil be removed in order to satisfy Ministry of the Environment standards. Municipality of Clarington Report PSD-007-15 Page 6 It is not possible for the Municipality to anticipate possible changes in neighbouring property values as a result of the proposed zoning change. However, there is no evidence that commercial or mixed use redevelopment has any impact on property values. It should be noted that these lands were designated for commercial uses in the Official Plan prior to the construction of the homes on Harmer Drive. The land use rights proposed for this property will provide for residential units above the ground floor. The total number of residential units and their size has not been established as part of this process. While the proposed zoning change will not lead directly to the creation of affordable, older adult housing the increase in small unit housing stock in the Village will support the diverse housing needs of the community. This includes offering housing options for older adults who wish to downsize as well as young adults and/or families in transition. Related Concerns As part the Operations Department's grass-cutting schedule for Municipal properties, the grass on the subject site is cut on a cycle of every 10 days during grass-cutting season. GO Transit (Metrolinx) have utilized the subject site to turn around their buses for several years. The GO Bus route and stops will need to be modified in the future in order to provide the buses with an alternative means of turning around at the end of their service route. The Municipality is continuing discussions with Metrolinx about alternative routes, stops and lay over locations in downtown Newcastle. GO Transit confirmed that there is no intention to reduce service to downtown Newcastle. As part of the motion passed by Council, the five lots to the east of the subject property will be considered for inclusion into the Secondary Plan at the next update. Preliminary work has already begun on an update to the Secondary Plan. Proposed Zoning The proposed Zoning By-law amendment for this property will address and mitigate the concerns raised by the public. The proposed Zoning By-law amendment will permit a new building that contains either exclusively commercial uses or a building that contains mixed- uses (a combination of commercial and residential uses). The Urban Design Guidelines state that properties in the "East District", such as the subject site, shall have buildings with a minimum height of two storeys. The four storey maximum could only be ascertained with underground parking. Buildings shall be sited near the street edge and include main entrances that face the street. The street frontage should be occupied by a majority of the new building so as to provide a consistent building line at the street and assist in promoting an active street front. Commercial parking areas shall be located at the side or rear of buildings. These parking areas should be appropriately screened from neighbouring uses through the use of landscape buffers and screening. Municipality of Clarington Report PSD-007-15 Page 7 This property is located within the Provincial "Built-Up Boundary". Any future development on this site, which exceeds the floor area of the current building, would be considered intensification. This site is designated as a "Regional Centre" which are intended to be developed as the main concentration of commercial and residential functions within urban areas. As both an intensification site and a Regional Centre, it is necessary for the Municipality to create the conditions that will permit higher density development on this property. Some of the regulations that will be used to achieve this will include: • Applying minimum height requirements; and • Reducing minimum parking requirements on individual sites and encouraging the shared parking areas (including street parking). By conforming with the Official Plan the proposed zoning amendment will support the objectives of the Secondary Plan which include reinforcing the role of King Avenue as the economic, cultural and social hub of Newcastle and promoting King Avenue as the principal commercial corridor in the Village. 2.4. Next Steps Attachment 2 (Confidential memo) sets out the estimated costs for the site contamination clean-up and demolition of the building. In addition, an appraisal has been commissioned by the Municipality to provide a value for the site. 3. Financial Considerations The costs of remediation and demolition will be drawn from the Land Acquisition account. The proceeds of the property sale will be returned to the Land Acquisition account. 4. Concurrence This report has been reviewed by Nancy Taylor, Director of Finance who concurs with the recommendations. 5. Conclusion A commercial or mixed-use building, located in the Newcastle Village Centre, will support the redeveloping streetscape along King Avenue and will help reinforce King Avenue as the commercial centre of the Village. The following is respectfully recommended: • That Council declare the former Newcastle Fire Hall property as surplus; • That Council authorize Staff to proceed with the process of having the subject site remediated of its contamination, the building demolished and prepared for sale; • That a road widening, as required by the Durham Regional Official Plan, be conveyed to the Region of Durham Municipality of Clarington Report PSD-007-15 Page 8 • That Council authorize Staff to proceed to selling the subject site once the on-site contamination has been removed; • That the proposed Zoning By-law Amendment (Attachment 3 to Report PSD-007-15) be approved with a Holding (H) Symbol; and • That a by-law be forwarded to Council to lift the Holding (H) Symbol. 6. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed y d by. D v d . Crome, MCIP, RPP Franklin Wu, Direc or of Planning Services Chief Administrative Officer Staff Contact: Paul Wirch, Planner II, 905-623-3379 ext. 2418 or pwirch @clarington.net Attachments: Attachment 1 — Key Map Attachment 2 — Confidential Memo (Under Separate Cover) Attachment 3 —Zoning By-law Amendment The following is a list of the interested parties to be notified of Council's decision: Durga Persaud John Shewchuck Kris Titus Roger Forchuk Masood Vatandoust Sharlene Kooger Payam Zareian Doug Humphrey Doug Holweg Al & Sherri Sylvester Marion Saunders Newcastle Village and District Historical Society c/o Myno Van Dyke Newcastle Community Improvement Program c/o Myno Van Dyke Newcastle/Bond Head Ratepayers Association c/o Bob Malone Josey Fowler Stephen Coupland Wilma Owchar Denise MacDonald Rodney Robbins Les & Muriel Toker Municipality of Clarington Report PSD-007-15 Page 9 Mike Peel Ron Radcliffe Terry Burns Wendy Tremblay Henrika Pierik Curtis Mollon Scott Prentice Chris Lane Roxanne Kowal Delaine Harrison Dr. Deb Jefferson and Aubrey Kassirer Tenzin Gyaltsan Bill Skitch DJC/PW/df/sn N Properly Location Map(Newcastle Village) M w' I Dili .w. I O 0 VENUE EAST S 7 KING A Re r—Fv.T�ey z \ 5 IJ O Site 3 ,�,� � �L, -v' it �C�coC,'UF eats I l it l l \i4 I �::: GewkosvcGrerst °��. IN 1v' fi E Nt 247 KING AVENUE EAST �© Ill ' Metres CD 4 O rr f. li ;rt ¢� � _ C CD O � 3 CI7 O Z&3 2014-0018 CONFIDENTIAL REPORTS ✓ G P A REPORT NO. FS0,- 00 7 '-15 C PIAAC44h MR AJC Aa Resolution#: By-law#: DATE OF REPORT: oni Attachment 3 to Municipality of Clarington Report PSD-007-15 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2015- 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 2014-0018; NOW THEREFORE BE IT RESOLVED THAT,the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. "Section 2, DEFINITIONS, is hereby amended by adding thereto, the following: DRIVE-THROUGH FACILITY Shall mean 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. 2. Section 16.5, the SPECIAL EXCEPTIONS - GENERAL COMMERCIAL EXCEPTION (Cl) ZONE, is hereby amended by adding thereto, the following new Special Exception Zone 16.5.60 as follows: SECTION 16.5.60 GENERAL COMMERCIAL EXCEPTION (C1-60)ZONE Notwithstanding the provisions of Sections 3.11, 3.13, 3.16 a., 3.16 h., 3.16, i. i), 3.16 i. iii), 3.17, 16.1 b., 16.3,those lands zoned C1-60 on the Schedules to this By- law may, shall be subject to the following definitions, uses and regulations: a. All those uses permitted by the C1 zone: with the addition of: i) a Convenience Store with the exclusion of: i) Taxi stand; ii) Place of Entertainment; iii) Tavern; and iv) Parking Lot b. Lot Area (minimum) 2,000 square metres C. Lot Frontage(minimum) 60 metres d. Yard Requirements (minimum unless otherwise indicated) i) Front Yard—First Two Storeys 1.0 metres min. 3.0 metres max. ii) Interior Side Yard 2.0 metres iii) Rear Yard 15 metres e. Building Height 2 storeys(min.) 4 storeys(max.) f. Each storey, above the ground floor, shall contain a floor area equal to no less than 50%of the ground floor area. g. Lot Coverage(minimum) 50% h. The length of the building fagade abutting the street shall not be less than 70%of the length of lot frontage. i. All ground floor, non-residential units shall have an accessible entrance that faces onto King Avenue East. j. Transparent Glazing (minimum) 50%of the first storey of the building's street fagade k. Landscaped Open Space(minimum) 15% I. Landscape buffer along rear property line(minimum) 3.0 metres M. Parking, Loading, Drive-Throughs i. On-site parking shall be provided at a minimum ratio of 1 space for every 40 square metres of gross floor area. ii. No parking may be located between the front building line and the street. iii. Loading Spaces. iv. Drive-through facilities may not be located within 50 metres of an existing residential dwelling. n. Patios that are accessory to an eating establishment shall be located in the front yard. o. Refuse areas shall either be fully enclosed within the primary building or within a roofed, accessory building constructed of the same design and materials as the primary building. P. The (H) Holding Symbol shall not be removed from this property until the Municipality is in receipt of a Record of Site Condition from the Ministry of the Environment"and the owner enters into a site plan agreement." 2. Schedule"5"to By-law 84-63, as amended, is hereby further amended by changing the zone designation from"Urban Residential Type One(R1)Zone"to "Holding—General Commercial Exception ((H) C1-60)"as illustrated on the attached Schedule"A" hereto. 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 passed in open session this 19th day of January, 2015. Adrian Foster, Mayor C.Anne Greentree, Municipal Clerk This is Schedule "A" to By-law 2015- , passed this day of 1 2015 A.D. KING AVENUE EAST 225 227 • ® � 1 295 106 11 1 1 1 1 1 1 2 6 50 154 N HARMER DRIVE 61 91 62 • 146 ®Zoning Change From"R1"To"(H)C1-60" Adrian Foster,Mayor C.Anne Greentree,Municipal Clerk w GEORGESTY� GEORGESTE GEORGESTEt, w •.�� F6flT-ffn F9 Z S RAHAMCG 3 � YALMOT STREET N RESN ORIVE REYC = �® e � G HALIENGER CT� ANDREW STREET WEST WWAVENIII(IUUEE-I�YIID�/yµII�EJILSm�T'�y1�I WMAYENUEFAST NPI6 AVENVE ST MG AVENUE FAST .t- HARMER OR,VE "E COUNT /V:::w EMLYSTIW zEMILY STE W ,u E® U �p W..T� OLODM CAER ES7 Z g WLLLLLL E�7-,3 o u,I.W.LLLL�o tt UgtMs ORNE i PAVEYST 'w^ Newcastle Village g Zea2014-0018 m 0 SCHEDULES D G