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HomeMy WebLinkAboutPSD-061-15 C K _ 10'"', Planning Services If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: December 7, 2015 Report Number: PSD-061-15 Resolution Number: p < File Number: COPA 2015-0004 and ZBA 2009-0003 By-law Number: _a,, . Report Subject: An Application by 564069 Ontario Inc. to Construct a 5-Storey, Mixed-Use Building on Beaver Street South, Newcastle Recommendations: 1. That Report PSD-061-15 be received; 2. That Amendment 105 to the Clarington Official Plan, including amendments to the Newcastle Village Centre Secondary Plan, be approved to permit the development of a 5-storey, mixed-use building, as contained in Attachment 1 to Report PSD-061-15, and the By-law adopting the Official Plan Amendment be passed; 3. That the Zoning By-law Amendment application to permit the development of a 5-storey, mixed-use building, be approved; 4. That the Newcastle Village Urban Design Guidelines be amended as applicable, including amendments to Maps 1 through 7, to include 49 and 63 Beaver Street South within the Historic Downtown District; 5. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-061-15 and Council's decision; and 6. That all interested parties listed in Report PSD-061-15 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-061-15 Page 2 Report Overview Gyaltsan Property Management Inc. has requested amendments to the Clarington Official Plan, Newcastle Village Centre Secondary Plan and the Zoning By-law to permit development of a 5-storey, mixed-use building (commercial and residential). The addition of the subject lands into the Newcastle Village Centre Secondary Plan, and the resulting mixed-use development, will support Provincial, Regional and Municipal objectives for intensification and will continue to reinforce the downtown of Newcastle as the commercial hub of the Village. In response to the comments received at the Public Meeting the Applicant has provided additional rationale for how their project will transition to the surrounding residential neighbourhood and will complement the heritage character of the Massey Building. It is the opinion of Planning Staff that the Applicant has demonstrated satisfactorily that the proposed 5-storey height is appropriate at this location. Approval of the Official Plan Amendment and Zoning By-law Amendment applications will result in: - An expansion of the Village Centre in downtown Newcastle to include 49 and 63 Beaver Street South; - Designating the subject lands as "Street-Related Commercial" within the Newcastle Village Secondary Plan Village Centre; and - Permitting a mixed-use building, to a maximum height of 5-storeys (20.0 metres) at this location. 1 . Application Details 1.1 Owner/Applicant:Gyaltsan Property Management Inc. 1.2 Agent: D.G. Biddle & Associates 1.3 Proposal: To permit the construction of a 5-storey, mixed-use building through amendments to: i) the Clarington Official Plan; ii) the Newcastle Village Centre Secondary Plan; and iii) Zoning By-law 84-63. 1.4 Area: 1.5 ha 1.5 Location: 49, 63 Beaver Street South and an adjacent portion of 97 King Avenue East, Newcastle Municipality of Clarington Report PSD-061-15 Page 3 2. Background 2.1 The subject lands are comprised of three separate properties. • 49 and 63 Beaver Street South —Vacant, residential properties south of the Massey Building; and • 97 King Avenue East—A portion of the proposed development will be located on these adjacent lands which contain the Massey Building. These buildings will share a common parking lot and driveways. 2.2 In 2009, the Applicant submitted applications to expand the existing supermarket at 131 King Avenue East (Foodland, formerly IGA). The expansion of the supermarket would also necessitate the expansion of the parking area onto two neighbouring properties —49 and 63 Beaver Street South. At the time, each of the Beaver Street South properties contained a single detached dwelling. 2.3 Due to the heritage nature of the Beaver Street South homes, the Municipality placed these buildings onto the Municipal Register of properties with cultural heritage value or interest. The purpose of this action was to work with the applicant to determine if the buildings could be relocated. The Applicant relocated the two dwellings to two vacant lots on Beaver Street South in 2011. 2.4 The proposal to expand the supermarket did not proceed. The Applicant is now proposing to develop the two Beaver Street South properties by constructing a 5- storey, mixed-use building. The first floor will be leased to retail stores, restaurants and personal service uses. The second floor will be leased for medical and/or professional office space. The third, fourth and fifth floors will be sold as condominium apartments. 2.5 On August 18, 2015, the Applicant held an information meeting, by invitation, for residents of the neighbourhood. Residents had the opportunity to meet and speak with the architect about the project. 2.6 On October 5, 2015, the Applicant submitted all information required to deem the revised applications complete. 2.7 A Public Meeting was held during the Planning and Developing Committee on October 26, 2015. Both during and after the Public Meeting, the Municipality received comments from seven members of the public. A summary of these comments is provided below: • Increased Noise — The noise from deliveries being made to the Foodland is already loud. In particular, the noise made by these trucks as they back into the loading dock and as they accelerate out of the site and onto Beaver Street South. Will this proposal increase the amount of noise created by delivery trucks? • Increased Traffic— How much will customer traffic increase onto Emily Street East? Which driveway will delivery vehicles use to enter and exit the property? Municipality of Clarington Report PSD-061-15 Page 4 • Reduced Safety —Will this development reduce the safety for pedestrians, especially elementary students travelling to Newcastle Public School at the bottom of Beaver Street South? • Appropriate Building Height —What changes can the architect make to bring the proposed 5-storey building into compliance with the Newcastle Village Centre Urban Design Guidelines? How will the proposed building be designed to avoid overlooking the residential neighbour to the south and overshadowing the Massey Building to the north? • Construction Disruptions —Will there be compensation for dust and disruptions caused during construction? • Change in Property Values — How will this impact the value of neighbouring properties? • Timeline — How soon will the condominiums be ready for purchase? 2.8 In response to the concerns raised at the Public Meeting, the Applicant prepared a Planning and Architectural Justification Report to further explain how their project will transition to the surrounding residential neighbourhood and will complement the heritage character of the Massey Building. A summary of the Applicant's response is provided in Section 5 of Report PSD-061-15. 2.9 A further analysis of the concerns raised at the Public Meeting and the Applicant's response are provided in Section 6 of Report PSD-061-15. Municipality of Clarington Report PSD-061-15 Page 5 N Foodland Delivery KING AVENUE EAST Entrance 0 it o MASSEY nil FOODLAND BUILDING H o qq m � w b9 w W p w _ m Proposed 5-Storey _ Mixed Use Building Fence& Entrance To Landscape Buffer Underground COPA 2015.0004 Parking Figure 1: Proposed 5-storey, Mixed-Use Building 3. Agency Comments 3.1 Regional Municipality of Durham This application is exempt from Regional approval. However, the Region of Durham have requested additional information be provided prior to Site Plan approval. Municipality of Clarington Report PSD-061-15 Page 6 4. Department Comments 4.1 Engineering Services For the Official Plan Amendment and Zoning By-law Amendment applications the Engineering Services Department is satisfied that there will be no major traffic, grading, drainage and stormwater management impacts from the proposal. However, additional details will be required prior to site plan approval to ensure any site specific impacts are resolved. 4.2 Emergency and Fire Services The Emergency and Fire Services Department has no objection to these applications. 4.3 Finance Department The Finance Department has confirmed that the taxes on the subject properties have been paid up-to-date. 5. Applicant's Response to Comments at the Public Meeting 5.1 Among the many comments received at the Public Meeting, two issues were repeated several times: • The proposed building must provide adequate transition to the surrounding, low-density neighbourhood; and • The proposed building must not detract from the heritage character of the Massey Building. In response to these concerns, the Planning and Architectural Justification Report (Attachment 3) provided by the Applicant states the following: Surrounding Neighbourhood • The Massey Building is located on the Beaver Street South property line while the proposed building will be setback 3.8 metres from the Beaver Street South property line. This will provide a transition between the setback of the homes on Beaver Street South to the south and the Massey Building to the north. • The proposed building will be setback 15.1 metre (49'6") from the residential property to the south (65 Beaver Street South). Within that setback there will be a 4.8 metre (159") landscape buffer along the joint property line with that neighbour. This landscape buffer will incorporate a double-row of trees and a 1.8 metre (6') high privacy fence to be constructed and maintained at the Applicant's expense. As may be a requirement of the Noise Study (to be Municipality of Clarington Report PSD-061-15 Page 7 prepared as part of the Site Plan, this fence may be upgraded to offer noise mitigation between the two properties. • Sun and shadow studies conducted by the Applicant's architect for both the winter and summer seasons, demonstrate that there will be negligible impact on the surrounding residential neighbours and, in particular, no impact on the neighbour to the south. • The design of the proposed building does not include outdoor balconies. This will further preserve the privacy of the surrounding neighbourhood. The communal amenity space provided on the roof of the building will be setback 8 metres (26'3") from the roof edge which will prevent any overlook into the surrounding neighbourhood. 5.2 Massey Building • The proposed building will be located 16.9 metres (55') from the Massey Building. The area between these two buildings will include a service area as well as a pedestrian amenity space that will serve as a gateway into the property from Beaver Street South. • The material banding above the second floor of the proposed building will visually align with the cornice above the third floor of the Massey Building. • The proposed building has been designed with clean lines and little ornamentation and detail to mimic the early Victorian era industrial architecture of the Massey Building. The design distinguishes bottom floors (a base) from top floors (a body) through the use of horizontal banding just like the Massey Building. • Windows and door openings have been regularly spaced and symmetrically balanced in the similar pattern as the Massey Building. • The exterior cladding materials (the brick and stone) are of a similar type and colour as those used in the Massey Building. 6. Discussion Overview 6.1 The conversion of the two Beaver Street South properties from vacant residential lots to the proposed multi-use building is a change which meets the policies for intensification stated in the Provincial Growth Plan and the Durham Regional Official Plan. The current Clarington Official Plan provides for the development of the Town and Village Centres as the main concentrations of urban activity including a mixture of uses including retail, office and residential. 6.2 The Proposed Changes to the Clarington Official Plan will incorporate Provincial and Regional intensification policies by introducing a floor space index (FSI) of 1.0 Municipality of Clarington Report PSD-061-15 Page 8 for Newcastle Village Centre. The density proposed by this application will contribute to achieving this long-term goal. 6.3 Within the Proposed Changes to the Clarington Official Plan, the proposed policies for the Newcastle Village Centre encourage mixed-use developments in order to achieve compact development and complete communities at higher densities than exist today. These policies are also intended to create developments that are located in close proximity to transit services. Achieving these objectives is expected to occur through redevelopment and intensification — replacing older development with new development at higher densities than originally existed in those areas. All new development will need to respect the character of the existing neighborhood and contribute to the built form of downtown Newcastle. 6.4 To achieve the intensification objectives stated in the Proposed Changes to the Clarington Official Plan, the Municipality has set the target that at least 32% of all future urban residential construction must be done within the Built-up Area between now and 2021. 6.5 Concentrating development into intensification areas, such as downtown Newcastle, will allow for: • Utilization of existing infrastructure instead of installing new infrastructure; • Additional vibrancy and stimulus to be brought to the downtown with new residents and businesses; and • Redevelopment of previously underdeveloped land. Expand the Boundaries of the Village Centre 6.6 Through the Proposed Changes to the Clarington Official Plan the Municipality is already in the process of expanding the Newcastle Village Centre Secondary Plan (Village Centre) to include the subject site. The current proposal is an acceleration of a process that is already underway. The Applicant has financing and other conditions in place to proceed with this project in the spring of 2016. A precise timeline for the completion of the Municipal Official Plan review cannot be guaranteed since it is a public process. 6.7 The current Village Centre is linear largely following properties along King Avenue through the Village from Baldwin Street to Brookhouse Drive. Between Baldwin Street and Beaver Street South, the Village Centre includes the entire block south of King Avenue down to Emily Street. The proposed boundary expansion will form a consistent progression of the Village Centre in this area by bringing it in-line with the terminus of Emily Street. Extending the Village Centre will provide greater depth to the Village Centre around the historic area. It will also support the continued recognition of King Avenue as the Village "main street" and the centre for commercial activity in Newcastle. 6.8 The provision of condominium apartments in conjunction with the proposed commercial uses is an essential part of this application. From the Applicant's perspective, diversifying the tenant mix reduces the financial risks associated with Municipality of Clarington Report PSD-061-15 Page 9 this project. From the community perspective, the provision of apartments helps to: • Diversify the housing inventory in Newcastle; and • Support the intensification targets that have been set by the Region of Durham and that are proposed to be incorporated in the Proposed Changes to the Clarington Official Plan. Increase the Permitted Height from 4 to 5 Stories 6.9 During the Public Meeting on October 26, 2015, several members of the public stated that they support new development in downtown Newcastle but only if it is achieved in a way that contributes to the overall benefit of the neighbourhood through good design of the building and the site. The Newcastle Village Centre Urban Design Guidelines (Design Guidelines) provide direction for how new development can be effectively blended into the existing built form of downtown Newcastle. 6.10 The Design Guidelines do not have the force of regulation, like the Zoning By-law, and sometimes include design directions for which the Municipality has no regulatory powers. Instead, they communicate the ideal standard that new development and redevelopment is expected to achieve. As there are a variety of issues addressed, and it may not be possible to conform with them all, the Municipality should be comfortable that the spirit of the guidelines has been maintained. 6.11 The subject site currently falls outside of the Village Centre and therefore, outside the jurisdiction of the Design Guidelines. The Applicant has acknowledged that extending the boundaries of the Village Centre to include these properties will also extend the boundary of the Design Guidelines to include these properties. Due to the proposed building's close proximity to heritage buildings to the north and west, it is reasonable to apply the policies of the "Historic Downtown District" to this development. By relocating the two concrete block homes that were previously located on the Beaver Street South properties to within the same neighbourhood, the Applicant has already demonstrated a commitment to preserving the built history of Newcastle. 6.12 One common misconception about the Design Guidelines is that they will result in new buildings which replicate historic styles of architecture. The Design Guidelines allow for new buildings to be distinct and yet respect and complement the existing buildings, old and new, within downtown Newcastle. Municipality of Clarington Report PSD-061-15 Page 10 6.13 The proposed building design includes a number of important design elements that satisfy the requirements of the Design Guidelines. These include: • Locating the building at the average setback from the adjacent buildings on the street and behind the street wall of the Massey Building; • A contemporary building design and not a heritage replica; • Stone and brick colours to complement the Massey Building; • Horizontal banding to complement the Massey Building; • Maximizing the building's exposure along the street frontage; • Providing ground floor entrances that face the street; • Universal access (barrier-free) to all parts of the building; and • No less than 75% of the ground floor surface area dedicated to windows and door openings. 6.14 The Design Guidelines do not set a maximum height limit for the construction of new buildings. This is established in the Secondary Plan. However, the Design Guidelines give direction to permit the increase in heights of buildings within the Village Centre and to accommodate higher buildings where the new buildings: • Retain and enhance the character of the Historic Downtown; and • Retain and enhance the character in areas that transition from commercial to residential uses. 6.15 Based on the information provided by the Applicant in the Planning and Architectural Justification Report Planning Staff are generally satisfied that the proposed building will suitably transition to the low-density neighbourhood to the south and to the Massey Building to the north. 6.16 Planning Staff continue to be concerned that the 5-storey height, along Beaver Street South, is not in keeping with the Design Guidelines. When a new building exceeds the height of adjacent buildings, the upper floors of the building should be stepped back a minimum distance of 3.0 metres. Taller buildings are often designed with step-backs or terraces at upper levels to make them appear lower in height from the street, and to allow sunlight and sky views on the sidewalk. In this case, the Massey Building is a 3 storey building and the previous homes on the site were 2 %2 storey buildings. Stepping back the fourth and fifth floors by 3 metres would assist in minimizing the impact on the street environment and maintaining a similar street edge. 6.17 Implementing a step-back of 3 metres would impact two of the three floors of residential use, reducing the size or number of the units and providing a terrace for the fourth floor. Municipality of Clarington Report PSD-061-15 Page 11 3.0 metres 3.8 metres I Figure 2: Proposed 3.0 metre step back of the fourth and fifth storey. 6.18 During the Site Plan review process, a number of elements will be further refined which will contribute to the overall blending of this development into the fabric of the neighbourhood. These elements include: • Enhancing pedestrian connections into and through the site; • Expanding the amount and quality of landscape space provided within the site including a terminus view from Emily Street; and • Developing a high quality streetscape along Beaver Street South that blends the public and private sidewalk spaces. The applicant's design for the building itself is quite advanced and Council should not expect major changes to the building elevations shown. Traffic and Parking 6.19 At the Public Meeting, a number of residents expressed concern about the increase in customer and truck traffic onto Beaver Street South as a result of this project. It is obvious that the proposed building will bring additional vehicle traffic to this site. In reviewing the size of the proposal and the capacity of the existing roads, the Engineering Services Department is satisfied that there will be no major traffic impacts from this proposal. Further traffic analysis will be conducted as part of the future Site Plan application. The focus of this analysis will be on ensuring the appropriate size and design of the property entrances and evaluating the impacts to local intersections. 6.20 The Applicant has made revisions to the site layout which will give priority for delivery and service vehicles to access the site via King Avenue East. Municipality of Clarington Report PSD-061-15 Page 12 6.21 The Applicant has demonstrated that there will be sufficient parking on the property to accommodate all of the existing and proposed uses. Noise / Property Values / Construction Disturbance 6.22 At the Public Meeting, additional concerns were raised about noise, a reduction in property values and disturbances (dust, traffic) as a result of construction. 6.23 On-site improvements such as solid-screen fences will assist in buffering neighbouring residences from the noise made by delivery vehicles. This new fencing will also assist in providing increased privacy and prevent lights from vehicles shining into the neighbouring properties. Service areas will be internal to the site meaning that the building itself will buffer noises from neighbours on the west side of Beaver Street South, 6.24 It is not possible for the Municipality to anticipate possible changes in neighbouring property values as a result of the proposed Official Plan Amendment and zoning change but experience has been that new development does not negatively impact land values. 6.25 Temporary disturbance due to construction is inevitable. This will include construction vehicles using Beaver Street South and Emily Street. As part of the Site Plan process, Municipal staff will work with the Applicant to limit the impacts from construction on the surrounding neighbourhood. Private Outdoor Amenity Space 6.26 The private outdoor amenity space is proposed to be located on the roof of the building. This is unusual for Clarington and needs further consideration in the site plan process. 7. Conclusion 7.1 The proposed redevelopment will be an intensification project in downtown Newcastle. It is a form of development encouraged by Provincial, Regional and Municipal policy because of its efficient use of land as well its contribution to increased housing diversity. As a mixed-use project, it provides a range of uses that will enliven the area and support the long term viability of downtown Newcastle. 7.2 The proposed 5-storey, mixed-use building will be the tallest building in Newcastle. Its proximity to commercial uses, northerly siting relative to the closest residences which, setbacks from the street and the closest adjacent residence and its contemporary interpretation on the architectural elements of the Massey Factory building all contribute to integrating the building into the urban fabric, which will continue to evolve over time. As such, it is recommended that the proposed Official Plan Amendment be adopted and the proposed Zoning By-law Amendment be passed. Municipality of Clarington Report PSD-061-15 Page 13 8. Strategic Plan Application 8.1 Not applicable. Submitted by: .f Reviewed by`J Dq,v4J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: David Crome, Director, 905-623-3379 ext. or dcrome(a-)_clarington.net Attachments: Attachment 1 — Proposed Official Plan Amendment Attachment 2 — Proposed Zoning By-law Amendment Interested parties to be notified of Council's decision: John Blackburn Tenzin Gyaltsan James Coburn Bob Malone Suzanne Drury Jennifer Lemery Ruth Knight\ Frances Mallon Michael Fry Myno Van Dyk Nick Swerdfeger Victor Suppan Attachment 1 to Municipality of Clarington Report PSD-061-15 Amendment Number 105 To the Municipality of Clarington Official Plan Purpose: This Amendment to the Clarington Official Plan and the Newcastle Village Secondary Plan is to permit the construction of a 5-storey mixed-use building at 49 and 63 Beaver Street South in Newcastle. Basis: This Amendment is based on the materials filed with Official Plan Amendment COPA 2015-0004, the Newcastle Village Centre Urban Design Guidelines and staff's analysis. Actual Amendment: The Clarington Official Plan is hereby amended as follows: 1. Existing Map A4 Land Use Newcastle Village Urban Area is amended to redesignate the lands at 49 and 63 Beaver Street South from "Urban Residential" to "Village Centre" as shown on Exhibit "A" to this amendment. 2. Existing Map A Land Use Newcastle Village Centre Secondary Plan is amended to include 49 and 63 Beaver Street South within the Village Centre Boundary and to designate these lands as "Street- Related Commercial" as depicted on Exhibit "B" to this amendment. 3. By adding a new Section 5.7 in the Newcastle Village Centre Secondary Plan as follows: "57 A 5-storey, mixed-use industrial loft style building with a floor space index up to 1.25 is permitted south of the historic Massey Building." Implementation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment Exhibit"A",Amendment No. 105 To The Municipality Of Clarington Official Plan, Map A4,Land Use,Newcastle Village Urban Area CONCESSION ROAD 3 SPECIE ■ AREA oil I ■ Of r rc I- f G SPECIAL POLICY O O AREA E SPECIAL O ¢ POLICY AREA E 7� 11+ O KING AVENUE r 1 _ M EDWARD C _. STREET O Amend the boundary of the Secondary Plan 8 a designate the subject lands as"Village Centre" 3 -19MMAY 40 rc 1 LAKE ONTARIO ---URBAN BOUNDARY ® FUTURE IHBAN RCSIDI- EC COMMUNITY PARK I .NTIAL I:RBAN RESIDENTIAL DISTRICT PARK O MEDIUM DENSITY ® NEIGHBOURHOOD RESIDENTIAI. PARK ® VILIACE CENTRE PUBLIC SECONDARY SCHOOL HARBOURFRONTCENTRE SEPARATE SECONDARY SCHOOL UGH r PUBLIC INDUSTRIAL.AREA ELCMF WARY SCHOOL UTILITY SEPARATE ELEMENTARY SCHOOL ENVIRONMENTAL SECONDARY PROTECTION ARFA PLANNING AREA ® GREEN SPACE ■■■..... SPECIAL POLICY AR CA WATERFRONT GREENWAY TOURISM NODE MAP A4 LAND USE NEWCASTLE VILLAGE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON �" FEBRUARY,2014 1 ON € . �. � 1.■ 1111111 �� ... �. `. ...... �. " . .... �. `. �. �. ►.... . ....... .. �. .... .`. �. 111 .... .......... .... ............ ... ... ..... _ .... 1� ... .. ...... ...... ........... 1 AM .... ■� IN 11111 1 .. 1 ... ..... 1 .. �1 1 _ Amend the .. . . ��• 1 1� .. Designate the subject lands as"Street-Related Commercial Area" Attachment 2 to Municipality of Clarington Report PSD-061-15 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2015- being a By-law to amend By-law 84-63. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 2 — DEFINITIONS, is amended as follows: a) The following definitions are added: Artisan Studio Shall mean a small-scale, artisan production facility where goods are produced and sold. Examples of this use include: artist studio, candle maker, soap maker, crafts (stained glass, jewellry) and microbrewery. Street Facade Shall mean a facade of the building which faces an improved public street Business Establishment Street Facade Shall mean the portion of the Street Facade between finished grade and the level that is 3 metres above finished grade Transparent Glazing Shall mean windows and doors through which the public are able to clearly view the interior of a building. Those windows and doors which are identified as transparent glazing shall not be obstructed by posters, stickers, decals, shelving, furniture or any other permanent or semi-permanent device. 2. Section 16A "Mixed-Use (MU) Zone" is hereby added: 16A Mixed-Use (MU) Zone 16A.1 Permitted Uses Uses permitted in the Mixed-Use Zone are denoted by the symbol "Y" corresponding with the row for a specific permitted use in Table 16A.1, below. TABLE 16A.1: Permitted Uses in the Mixed-Use Zone Wes Uses Apartment Building Dwelling Unit Y Link Townhouse Dwelling Stacked Townhouse Dwelling Long Term Care Facility Retirement Home Retail Uses Artisan Studio Y Convenience Store Y Pharmacy Y Retail Commercial Establishment Y Personal and Professional Services Business, Administrative or Professional Y Office Eating Establishment Y Financial Office Y Fitness Centre Y Day Nursery Y Dry Cleaning Distribution Centre Y Laundry Y Medical or Dental Clinic Y Printing or Publishing Establishment Y School, Commercial Y Service Shop, Personal Y Service Shop, Light Y Gathering Places and Community Uses Assembly Hall Y Place of Entertainment Y Place of Worship Y Private Club Y 18 16A.2 Additional Requirements for Permitted Uses 1. Dwelling units are only permitted above the ground floor of a building containing at least one non-residential use. 2. Non-residential units are only permitted within a building containing a minimum of 5 dwelling units on the second storey or above. 3. Prior to lifting the Holding (H) Symbol, the only use permitted on lands zoned (H) MU1, and all exception zones, are those uses that are legally existing on the date that the By-law came into effect for that respective property. 16A.3 Regulations The regulations for lots in a Mixed-Use Zone One are set out in Table 16A.2, below. TABLE 16A.2 REGULATIONS IN THE MIXED-USE ZONE ONE Street Frontage (minimum) 50 metres MON: id Minimum Front Yard 2.0 metres Maximum Front Yard 5.0 metres Minimum Exterior Side Yard 2.0 metres Maximum Exterior Side Yard 5.0 metres Minimum Interior Side Yard 1.5 metres Minimum Interior Side Yard abutting a 5.0 metres Residential Zone Minimum Rear Yard 1.5 metres Minimum Rear Yard abutting a 10.0 metres Residential Zone Minimum number of storeys 2 Maximum number of storeys As identified on the Zoning Map Schedule 2) Step back of the primary street fagade 3.0 metres above the third storey(minimum) Length of primary street fagade as a 50% percentage of the lot frontage Amount of transparent glazing along the 50% business establishment street fagade Location of Primary Residential Entrance Within the street fagade;or I 19 Within a side facade provided that the entrance is located no more than half the width of the building from the street fa ade to the rear facade. Location of Non-Residential Use A minimum of 1 business establishment Entrances located on the ground floor shall have a primary entrance within the street facade. Landscaped Open Space (minimum) 10% s) Perimeter Abutting a Street 2.0 metres Landscape Interior Side Yard Abutting residential zone - 2.0 metres Widths (minimum) Rear Yard Abutting residential zone - 2.0 metres Parking Requirements for Retail Uses, 1 space / 30 square metres gross floor and Personal and Professional Services area (minimum) Bicycle Parking for Non-Residential Uses 10% of the required automobile parking (minimum) spaces. Internal Bicycle Parking for Residential 1 for every 2 dwelling units. Uses (minimum) Loading Space (minimum) 1 space (4 metres x 11 metres) Storage, refuse and other service areas. Completely enclosed within the building. Base stations for communications Completely enclosed within the building. equipment Solar panels on flat roofs Setback a minimum of 4.0 metres from the roof edge and no more than 1.25 metres above the height of the roof. Footnotes: 1. Where a property is a corner lot, the front lot line shall always be located on the street line of the highest category of arterial street identified in the Clarington Official Plan (e.g. the front lot line will be on the arterial road frontage versus the collector or local street frontage). 2. Maximum building height is shown on the Zoning maps with the suffix "S" which indicates the maximum number of storeys (e.g. "MU(S:6)" means the maximum height permitted is 6 storeys. This height provision does not apply to accessory buildings or structures.) 3. A portion of the Landscaped Open Space shall be designed and demarcated as a private outdoor amenity area for residential dwelling units." 20 4. Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Urban Residential (R2) Zone" to "Mixed-Use 1 (MU1(S:5)) Zone" as illustrated on the attached Schedule "A" hereto. 5. Schedule "5"to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from "General Commercial Exception (C1-54) Zone" to "Mixed-Use 1 (MU1(S:5)) Zone" as shown on the attached Schedule "A" hereto. 6. Subsection 16.5.25 b. xiii) is deleted and replaced with the following subsection: "xiii) A portion of the parking required for lands zoned C1-25 may be accommodated on abutting lands C1-54 and MU1(S:5)" 7. Section 16.5.54 is amended to add a subsection b.iii)) as follows: "iii A ortion of the p parking required for lands zoned C1-54 may be accommodated on abutting lands C1-25 and MU1(S:5)" 8. Schedule "A" attached hereto shall form part of this By-Law. 9. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 17(2) and 34 (21) of the Planning Act, R.S.O. 1990. By-Law passed in open session this day of , 2015. Adrian Foster, Mayor Anne Greentree, Municipal Clerk 21 This is Schedule "A" to By-law 2015- , passed this day of , 2015 A.D. KING AVENUE EAST i O W W I I I I I I ® Zoning Change From "C1-54"To "MU1(S:5)" Q Zoning Change From "R2"To "MU1(S:5)" ® Zoning To Remain "C1-25" Zoning To Remain "C1-54" I Adrian Foster,Mayor Newcastle Village. ZBA 2009-0003 . Schedule 5 C.Anne Greentree,Municipal Clerk i Attachment 3 to PSD-061-15 114843-109 King Avenue Development 564069 Ontario Inc. Proposed Five-Storey Mixed-Use Development 131 King Avenue East, Newcastle, ON. Planning & Architectural Justification Report As IBM WIN VIL ir law_ am- JF i II N S I A I A,''' D.G.Biddle�& Associates Limited ./ cOr•3...'�'.+g ng'�+eer5 .^G Pia r^nc rn NICK SWERDFEGER ARCHITECTS INC. I � 71 ALBERT STREET I GROUND FLOOR I OSHAWA,ON 96 K NG STCxEET EAST os-.nwn,ory r� 186 L1H 7R1 TEL. 289 316 2720 NEB.w .narchca P.ONE (905)9d796 b-95le 0®0 Iay'.eFr_AI X (905)576-9730 7d .cam November 23 2015 Introduction/Summary: The following supplemental report has been prepared for 564069 Ontario Inc., the owners of the properties located at 131 King Avenue East and 49 & 63 Beaver Street South, in the Village of Newcastle, Municipality of Clarington. Clarington Planning Department staff have requested this supplemental report to address the site and building design configuration and components as they relate to a proposed five-storey mixed-use commercial and residential building at the subject address. This report is intended to complement the Planning Justification Report prepared by D.G. Biddle and Associates Limited,dated August 2015. This supplemental report will outline and provide justification for the proposed site plan and location of the proposed five-storey mixed-use building at 131 King Avenue East, and thus provide design rationale for the proposed building form, mass, volume, facade composition and materiality as they relate architecturally to the existing site, established neighbourhood, and the Newcastle Village Centre Urban Design Guidelines,2013. to ev e 1 e . n �.► ► .. r ► e a _ � v�► 0.9� �5t 5• ► io► ve 3 a1 go �� S�ree�Eas °�+ �I • t Figure 1:Subject Properties Location Map 1.0 Building-Site Location: The subject property is located at the south-east corner of King Avenue East and Beaver Street South. The consolidated site includes properties municipally numbered 131 King Avenue East and 49 & 63 Beaver Street. Convenience addresses 91 and 109 King Avenue East are assigned to the Massey Building and the proposed five-storey mixed-use building, respectively. The existing development of the site consists of the restored 3-storey heritage Massey Building and a 1-storey Foodland grocery outlet (see Figure 1). The proposed five-storey mixed-use building is sited at the southwest corner of the site, south of the historic Massey building, adjacent to Beaver Street South and opposite Emily Street East. The proposed five-storey mixed-use development is located immediately south of, but outside the boundary of the Newcastle Historic Downtown District. With the proposed development being sited to the south of the Massey building,the intent will be to provide continuity of a strong building facade presence along the east side of Beaver Street. Secondary vehicular access to the site is proposed to be relocated from the south side of the Massey Building to a location opposite Emily Street East, in accordance with Municipal Engineering policies for driveways and intersections(see Figure 2). ---- -.----- _XMG AYEnwE EASr.--- J- UI LA p r VIII IMF CA&Y STREET EAST „ Figure 2; Proposed Site Plan 1.1 Building setbacks The zero lot line setback of the Massey Building to the municipal right-of-way is an existing historical condition that is not optimal for pedestrian sidewalk width. The proposed new building will be set back 3.8m from Beaver Street, addresses the lot line setback policy of the Newcastle Village Urban Design Guidelines (Section 4.1.2), which provides for a transition of existing front yard setbacks between the subject property and the dwelling located at 65 Beaver Street South to the south. Through the urban design guidelines and this applied principle the proposed development provides a sufficient setback from the historic Massey building,and the established neighbourhood to the south. Through this application of setbacks the proposal is able to maintain and complement the historic property of significance and provide visual continuity and transition to the established neighbourhood. •'A �Al �rlr/7T/� BUNDING O.Or 11 TTT ! i19 f 3.8 � 7ma, - ' DEVELOPMENT EMILY STREET NEW ACCESS 7.0m EXISTING RESIDENTIAL 4 Figure 3; Building Site Setbacks Alignment 1.2 Angular Plane The Newcastle Village Centre Urban Design Guidelines, Section 4.11.2, states that "the use of angular planes measured from the property lines to define setbacks, maybe considered to protect the privacy, light and views of the adjacent properties". Typically a 45-degree angular plane is referenced as a general guideline, in combination with a minimum building setback,in the case where a mid-rise commercial or residential use abuts a low-rise residential use. The 45-degree angular plane is intended to limit the adverse negative impact on adjacent properties of a new mid-rise or high-rise building or building addition, particularly with regard to sunlight/shadowing, privacy and overlook,and maintenance of views. The location and height of the proposed five-storey mixed-use building would provide for a 51-degree angular plane from the south property line to the top of the parapet wall (see Figure 4b). In order to mitigate other potential negative effects on the adjacent property to the south,the owner proposes to include landscaped buffering between the two buildings. In addition to the 15.1m building setback, between the proposed secondary access driveway and the residential property to the south is a 4.79m-wide landscaped strip that is wide enough to accommodate a 1.8m tall privacy fence and two rows of higher-caliper trees(see Figure 4a). The privacy fence and trees are intended to provide a physical and visual barrier between the two land uses. The privacy fence could potentially be upgraded to provide acoustical mitigation to dampen the noise generated from activity on the subject site to the residential property to the south. The landscaped buffering could be secured through a site plan agreement between the owner and the Municipality. We feel these design attributes will provide for an overall sustainable on-site solution and enhancement for both properties as a successful buffer/transition space between the proposed development and the established neighbourhoods to the south. 1(:6X &5m X.79m I 1 N N � • 6ost+ Q f Prop7VLine Ln ' v i as _ Proposed o CL 5-Storey Building a Existing Residential (65 Beaver Street) 15.1m ,t Proposed(south rov4 ' Evergreen tree r Planting Proposed(north row) Deciduous tree Planting Beaver Street LP Lardsrape strip Figure 4a:Site Plan Setbacks to Established Neighbourhoods (Plan) In addition to this landscaped buffering proposal,we have also included in Appendix 1, the sun shadow studies for the proposed development within the site and context. With reference to the Urban Design Guideline principles for the use of angular planes,the primary reasoning for which is to allow for the penetration of natural sunlight to adjacent properties. With reference to Appendix 1, you will find that the siting and massing of the proposed development does not impact the established neighbourhood to the south. Fx.Residential Property Acoustic board fence 2.4m high Propsoed Site Detail-1. Deciduous aee north row) 51' ♦ Proposed ` ♦ Propsoed 51'Angular plane 5-Storey ♦ Building ♦ \ r Propertyline ♦ E ♦ 0 �d 45'Angular plane Proposed Access v u K O Figure 4b:Site Plan Setbacks to Established Neighbourhoods(Section&Transition Detail) Through the use of sustainable materials and adequate setbacks and the recommended urban design principles, the proposed development can provide for a positive transition between the Historic Downtown District and established neighbourhoods to the south. The proposed setbacks, provide adequate transition and visual interest to the skyline and reinforce the street wall along Beaver Street, as well as complement the existing heritage buildings. In addition to the setbacks for the proposed development contributing to the design for privacy between the development and the established neighbourhoods,the design of the building lends itself toward privacy within, and to, adjacent properties. By internalizing all balcony spaces within the residential floors (floors 3 to 5) and providing for a rooftop amenity space, set back well within the rooftop parapet walls,views,acoustics and privacy are considered and provided for and work toward decreasing the impact on adjacent sites(see Figure 5). Internal Balcony Spaces Typical Residential Floor Plan(3rd-5th) T 8.©m �A A E' Cn Exterior Amenity Space C% (Setback from Building Perimeter) V Roof Plan(Amenity Space) Figure 5: Internalized &Setback Amenity Spaces Through the use of building setbacks,sustainable site techniques and building and unit configuration, the design approach to the proposed development attempts to provide a transition between the Historic Downtown District and established neighbourhoods to the south, while providing design elements to define setback, for the protection of the privacy, light and views of the adjacent properties. 2.0 Architectural Form, Massing, Volume & Facade Composition (Fenestration) With respect to the architectural design and composition of the proposed development at 109 King Avenue, our approach to provide a design that provides a complimentary approach to the historic artifact;the Massey building, aligns within the Newcastle Village Centre Urban Design Guidelines. With reference to section 4.1.2,new developments shall be complimentary when adjacent to historic properties,through views,streetscape, massing,architecture and materials.The proposed development provides a contemporary(modern)approach to the traditional historic property in relation to massing,volume,faQade composition(fenestration) and materiality. The proposed development uses principles of symmetry, mass, regularity of openings, rhythm and proportion to reference itself to the Massey building. With respect to the height,figure 6 below indicates how the proportion of the proposed development aligns itself to the historic property. By aligning the second storey banding, establishing the proposed buildings base to the existing Massey building cornice provides for integration,alignment and a transition in height, with the provided setback that compliments the historic property. Capital(Cornice) - I Shaft(Body) Base -- -- Figure 6- Elevation Massing Proportion Perspective Alignment of Existing Cornice to Middle Banding element Transtion of visual continuity along the street wall ( - i (Beaver street) Exterior Amenity Space (between Historic&New) Figure 7- Elevation Continuity The proposed development also attempts to align itself within the Newcastle Village Urban Design Guidelines to the historic property through architectural style. The existing property is representative of early Victorian Era industrial architecture with early post-and-beam construction. The Massey building illustrates a classical rhythm and form that exemplifies a base, body and capital, along with a regularity of openings enforcing a strong symmetrical form and rhythm of the facade. The proposed development aligns itself along these same principles of architecture through a contemporary approach. By providing a base, middle body and capital, with clean lines and no ornamentation and detail,the development references a classical symmetrical approach,while not enforcing the proportions through detail,thus complementing the existing historic structure.The proposed development also provides a reference and complementary style through rhythm, symmetry and facade composition.As shown in figure 8 below,the symmetrical, balance of large openings within the symmetrically balanced facade, provides a contemporary reference to the Massey property. With regularity,spacing and style of openings of the proposed development,the simplicity and clean lines help to complement the existing historic property, provide functional and marketable design elements of the proposed property,thus creating a development that completes the street wall along beaver street,and allows the corner property of historic significance to remain prominent, as referenced in the Newcastle Village Urban Design Guidelines, Section 4.1.2 Existing Massey Building Facade Composition 1 / ■ ■ ■ ■ ■ ■ r Facade Composition Visual Continuity Repetitive Alignment of Openings Symmetrical Balance of Architectural Form _ through composition of openings Visual Continuity of the street wall I Proposed Development Facade Composition Figure 8-Facade Composition In addition to form, mass,volume,style and facade composition,the proposed development aligns itself within the guidelines and compliments the Massey Building property through materiality. As per figure 9, The proposed developments exterior finishes materials a similar to that of the historic Property but also additional properties within the historic downtown district. By using a combination of larger elements (architectural stone)at the base of the building and brick veneer masonry above with smooth face architectural block elements,the symmetrical fapade composition is reinforced through the scale of materials and significant architectural elements through a contemporary(modern)approach. The proposed development with its use of traditional materials compliments the historic property,thus does not intimidate and/or mimic in either fashion, by remaining contemporary and modern through design,as such reference to the urban design guidelines section 4.1.2 r��rrr■.■a s■�I�!-- r a■�� i ru :s�aew'a'NIIIII ram r GRAPHITE GREY �■� w�■���r�r•�w•����_• PRE-FINISHED METAL FLASHING a� 6 PARAPET CAP FLASHING ��LZ�rli•Y�r ��■�aur aa�aaan •r �• aim a■r���aar GRAPHITE GREY PRE-FINISHED ALUMINUM UNITIZED W'-NDOW WALL SYSTEM -rte.-z_•-� ��a•••1i� `WT:STVILLE'WITH rsi 10%BLEND:VENETIAN 10%BL END OF REGENCY BROWN CONTEMPORARY DESIGNER SERIES BRAMPTON BRICK r�lf SMOOTH FACE ARCHITECTURAL • r BLOCK-STONE SILL BANDING 'WHEAT RENNAISSANCE SERIES ���`�u ARRISCRAFTSTONE ITYPICAL BANDINGI on STONE SILL'WHEAT ARRISCRAFT STONE rar— - � r ■�r*ro TEMPERED GLAZING JULIET BALCONIES. • � PRE-FIN ALUMINUM WINDOW WALL SYSTEM SMOOTH FACE ARCHITECTURAL BLOCK 'WHEAT'RENNAISSA.NCE SERIES ARRISCRAFT STONE Figure 9 Exterior Material Finishes Compatibility The facade composition,articulating provides a visual unity at the street level, regularity and overall symmetry,thus providing a well-designed composition, in alignment with the Newcastle Village Urban Design Guidelines. Enhance and compliment the overall aesthetic feel of the historic downtown district. � W s Figure 10 Exterior Rendering- Beaver Street 3.0 Conclusion With respect to the proposed new five-storey mixed-use building at 131 King Avenue East and its relationship to the downtown Historic District, We find our proposal provides clear definition and articulates principles of design, mass, form and facade composition through a contemporary (modern) approach well within the defined objectives of the Municipality of Ciarington's Newcastle Village Centre Urban Design Guidelines. The development, through the previously illustrated diagrams, shows the principles of integration with the adjacent Downtown Historic District and with the established neighbourhood to the south and west. In conclusion, the proposed development aligns and balances with the Newcastle Village Centre Urban Design Guidelines and the principles of good urban design and good architectural design. The proposed five storey development at 131 King Avenue East attempts to help strengthen the role of the Village Centre by providing economic, retail, social and residential spaces that will facilitate and reinforce the goals Municipality of Clarington's Newcastle Village Secondary Plan through increased densities,quality urban design and heritage preservation within a developing community. Sincerely: Nick Swerdfeger, OAA, MRAIC Michael Fry,Senior Planner Nick Swerdfeger Architects Inc. D.G.Biddle&Associates Ltd. i T � Figure 11: Exterior Rendering-From King Avenue