For Vintages of Four Mile Creek Town of Niagara on the Lake, Ontario

Transcription

1 Planning Impact Analysis For Vintages of Four Mile Creek Town of Niagara on the Lake, Ontario Prepared by: Upper Canada Consultants 261 Martindale Road Unit #1 St. Catharines, Ontario L2W 1A1 Prepared for: Blythwood Homes JULY 2016 File no

2 TABLE OF CONTENTS 1.0.The Proposal Description of the Subject Lands Surrounding Land Uses Review of Planning Policy Framework 4.1 Provincial Policy Statement 2014 (PPS) 4.2 Greenbelt Plan Places to Grow: Better Choices. Brighter Future. Growth Plan for the Greater Golden Horseshoe 4.4 The Niagara Escarpment Plan 4.5 Niagara Regional Official Plan 4.6 Town of Niagara on the Lake Official Plan 5.0 Current Zoning Planning Impact Analysis Methodology Summary List of Schedules: Schedule A Draft Plan of Subdivision Schedule B Draft Plan of Vacant Land Condominium Schedule C Preliminary Site Plan Schedule D - Draft Zoning By-law Amendment 2

3 1.0 THE PROPOSAL Blythwood Homes is in the process of acquiring a parcel of land within the urban boundary of the Village of St. Davids. The parcel is to be created through consent to sever which would sever the subject lands from the property to the west which is outside of the urban boundary. Blythwood wishes to develop the land within the urban boundary for residential purposes. The development proposal includes a public road which would facilitate the development of 18 single detached dwelling lots, a block for 38 condominium townhouse dwellings fronting onto a private road and connected to the internal public road. The condominium is intended to be developed in a new urbanism form with rear lane townhouses. The townhouses have the front door and front façade facing the public roads creating a more desirable and attractive streetscape along Creek Road and along the internal public road. The proposed development has been designed so that the lands to the north and south can be comprehensively developed with road connections. Two pre-consultation meetings took place in order to discuss the proposed development plan. One Pre-con was held on August 20th, 2015 and the main topic of discussion was the consent to create the new parcel of land. A subsequent pre-consultation was held on November 18th, 2015 to discuss the development proposal. As a result of the pre-con it was determined that a number of studies were required in order to address municipal and provincial land use interests. The following studies were identified: Planning Justification Report, Archaeological Assessment, Environmental Site Assessment, Noise Study, Municipal Servicing Study and Stormwater Management Study. This report has been prepared to address the Planning Justification requirement. 3

4 2.0 DESCRIPTION OF THE SUBJECT LANDS The subject lands are approximately 3.18 hectares in size and have previously been used for agricultural purposes in the past. The lands are generally flat with a north flowing drainage pattern. The lands have 217 metres of frontage on Four Mile Creek Road and 52 metres of frontage on Line 9. There is a small parcel of land at the corner of Four Mile Creek and Line 9 that is not part of the subject lands and is owned by another party. This parcel will likely be developed in the future under a separate application. The subject lands are considered Built-up area according to the Regional Official Plan and are designated as Low Density Residential in the Town s Official Plan. The lands are zoned Residential (RD) Zone. Based on the existing land use controls, the subject lands are slated for urban development in the form of low density residential uses including single detached, semidetached and townhouses. The zoning is a type of holding pattern to be amended when the lands are brought forward for redevelopment. Figure 1: existing aerial context of the subject lands (Niagara Navigator) 4

5 3.0 SURROUNDING LAND USES The lands are located within the existing urban boundary in the Village of St. Davids. The lands are located at the North West edge of the urban boundary along Four Mile Creek Road. The land uses to the south and east are urban uses while the lands to the north and west are rural and agricultural uses as follows: North: rural residential lots and agricultural uses East: existing and future low density residential uses and commercial/industrial uses South: existing telecommunications operation, rural residential and lands for future residential development West: Four Mile Creek and existing agricultural uses in the form of vineyards The surrounding land uses are compatible with the proposed development. There are existing agricultural operations to the west and warning clauses in the subdivision agreement and agreements of purchase and sale would be appropriate to provide information to the future homeowners of the agricultural operations prior to purchasing a new home. Due to the proximity of the Regional Road (Four Mile Creek Road) measures in the form of air conditioning units and warning clauses would be appropriate to ensure future owners are aware of possible impacts of the road noise. 5

6 4.0 REVIEW OF PLANNING POLICY FRAMEWORK 4.1 Provincial Policy Statement 2014 (PPS) On April 30 th, 2014 the new Provincial Policy Statement was issued in Ontario. The new statement is applicable to all planning decisions made on or after April 30 th The PPS provides policy direction on matters of provincial interest related to land use planning and development in Ontario. The long-term prosperity and social and economic wellbeing of Ontarians depend on maintaining strong communities, a clean and healthy environment and a strong economy. Consideration must be given to the impacts of a changing climate that may increase the risk associated with natural hazards, transit and active transportation supportive and community connectivity through land use patterns, encouraging coordination with other orders of government, agencies and boards and Aboriginal communities, provide for an appropriate range and mix of housing, intensification including secondary units, protection of endangered species and archaeological conservation. This proposal will provide a range of housing types for the Village of St. Davids including single detached dwellings and condominium townhouses. The subject lands are connected to areas that have not been developed for their intended uses. The areas of the south are anticipated to be developed for residential purposes as well. IT is expected that one this area is fully developed a wide range of housing type can be provided. The proposed development is located within the urban boundary which takes advantage of existing and planned infrastructure ensuring the future prosperity and sustainability of the municipality. The proposed development has been well thought out, integrated, compatible and efficient resulting in a functional plan that will complement the existing neighbourhood. The land use pattern provides for vehicular and pedestrian linkages to the public realm and existing and planned sidewalks along Four Mile Creek Road promoting active transportation to and from the site. All levels of government and agencies that have an interest in the development of the subject lands attended a pre-consultation meeting to provide comments and requirements on behalf of various agencies and ministries. The application and submission includes all of the requirements outlined at the pre-consultation meeting. An Archaeological study, and Environmental Impact Study, a Phase 1 Environmental Site Assessment, Noise Study, Municipal Servicing Report, Stormwater Management Plan and a Planning Impact Study have been completed and included with this submission in order to address areas of interest. All studies have come back to indicate that the proposed development is appropriate with the inclusion of certain mitigation criteria. 6

7 Minimum Distance Separation (MDS) The Provincial Policy Statement (2014) requires that new land uses, comply with the MDS Formulae provided by the Ontario Ministry of Agriculture, food and Rural Affairs (OMAFRA). Municipalities are responsible for ensuring that MDS setbacks are met when reviewing land use planning applications including Official Plan Amendments, Zoning By-law Amendments or an application to create a new lot. The Minimum Distance Separation (MDS) is a land use planning tool that determines a recommended separation distance between a livestock barn or manure storage and other more sensitive land uses such as residential uses. The purpose of MDS is to prevent land use conflicts and minimize complaints from odour/noise from livestock barns or manure storage areas. Since the subject lands are in proximity to an existing poultry operation which is located to the north of the subject lands, MDS guidelines are applied in order to ensure adequate separation between the two uses are maintained. Publication 707- Minimum Distance Separation Fomulae provides guidelines for calculating minimum distance separation. The proposed development is subject to what is referred to as MDS I, which refers to new developments in proximity to an existing livestock barn. The subject lands are in proximity to an existing livestock operation which is a poultry operation with two large poultry barns located north of Four Mile Creek Road and Line 9. There are intervening land uses between the subject lands and the poultry barns in the form of seven residential dwellings fronting on Four Mile Creek Road and Line 9 as shown in the aerial context below: 7

8 Section 12 of the General Rules and Application of the Minimum distance Separation Formulae speaks to MDS I in relation to intervening land uses. Section 12- MDS I is applied to new proposed development, even though there may be existing non-agricultural uses that do not conform to MDS I requirements. Where there are four, or more, existing non-farm uses closer to the subject livestock facility and in immediate proximity to the current application, MDS I will not be applied. The current application must not be located closer to the Livestock facility than the four, or more, existing non-farm uses. Since the subject lands and the poultry operation are separated by more than four intervening land uses, specifically by five residential dwelling lots MDS I does not apply according to Section 12. Further Section 37 outlines that new developments within approved settlement area designations are not subject to MDS I as outlined below: Section 37 Application to settlement areas MDS I does not apply to proposed nonagricultural uses in approved settlement area designations. However, municipalities have the option to apply MDS I from livestock facilities within a settlement area designation. The application of MDS I will take its direction from the applicable municipal planning documents. The subject lands are part of the existing urban boundary/settlement area of the Village of St. Davids and therefore meet the criteria set out in Section 37 so MDS I does not apply to the proposed development. The PPS is a general policy document that sets the foundation for land use policies within the province. The basis of the plan is to intensify land uses within settlement areas to increase the efficient use of land and infrastructure while ensuring that natural heritage features of environmental features are preserved. Based on the foregoing review of the proposed development against the PPS policies it is clear that the development plan is an efficient use of land within the settlement area of the Village of St. Davids. The plan is consistent with the PPS polices and contributes to the long term economic viability of the Town. 8

9 4.2 Greenbelt Plan 2005 The subject lands are located in an identified settlement area outside of the Greenbelt area and therefore the policies of the Greenbelt Plan do not apply to the redline revision plan as submitted. 9

10 4.3 Places To Grow: Better Choices. Brighter Future. Growth Plan for the Greater Golden Horseshoe. The subject lands are identified as Built-up Area in the Places to Grow Plan for the Greater Golden Horseshoe. The policies of the Growth Plan speak to encouraging and directing development towards identified/existing built up areas. This ensures that development takes place where services and infrastructure exist or can be easily extended in a cost effective manner in order to ensure that population growth occurs in an efficient manner helping to provide sustainability to municipalities in the future. The subject lands are located in the designated built up area in the Town, where services and infrastructure are readily available to service the development. The development represents well planned and efficient growth within the built up area, which conforms to the policies of the Growth Plan. 10

11 4.4 Niagara Escarpment Plan The subject property is designated as Minor Urban Area in the Niagara Escarpment Plan (NEP) and is subject to the development and growth objectives and criteria of the NEP. The development is in conformity with the NEP and the proposed development including the zoning by-law provisions appear to be in keeping with the policies of the Town s Official Plan that address the compatibility of the development within the Escarpment area. 11

12 4.5 Niagara Regional Official Plan The subject lands are designated as Built up Area in the Niagara Regional Official Plan. The Plan contains growth policies that address and are in line with the growth policies set out in the Provincial Policy Statement and the Places To Grow: Growth Plan for the Greater Golden Horseshoe, relating to efficient growth and intensification. Section 5 Urban Area Objectives 5.11 through 5.13 address residential goals which reiterate the PPS in terms of providing a range of housing types, suited to the full range of households and income groups. This proposal will assist in providing choice of residential unit type in an otherwise exclusively single detached broader neighbourhood. As a result, it is anticipated that the proposed zoning would result in units appealing to long term residents who may wish to remain in their neighbourhood while downsizing to a manageable unit size. Tenure is also a consideration in developments such as this. Condominium tenure can be an attractive proposition to many of the Region s empty-nester and retirement age demographic. Policy 5.4 speaks to the Region s interests in ensuring that adequate services are available to enable development the lands. As indicated earlier in this report, the lands currently have access to full municipal services. Details are provided in the Municipal Servicing Study and Stormwater Management Plan. Policy 5.5 informs us that density and form are primarily the responsibility of the local municipality through their Official Plans and Zoning By-laws. It does, however, indicate that the Region will continue to show interest in such local decisions and it is anticipated that such interests will be expressed, if necessary, through circulation of development applications. Zoning By-law amendment applications are circulated to the Region for comment. The proposed Zoning By-law Amendment and proposed development conforms to the Regional Official Plan by using existing and planned infrastructure in a sustainable manner, the plan provides a range of housing types and makes efficient use of existing urban lands. 12

13 4.6 Existing Town of Niagara on the Lake Official Plan The subject lands are located within the defined Urban Boundary of the Village of St. Davids and are designated as Low Density Residential in the Town of Niagara on the Lake Official Plan. The Policies in the Official Plan call for a mix of residential densities that are appropriately located and compatible with established neighbourhoods. The Official Plan promotes new development to have a variety of housing types to provide for efficient use of urban land and infrastructure. Low Density development as proposed is to be developed to a maximum of 14 units per hectare units per hectare. The proposed development will have a net density of 17.5 units per hectare, which exceeds the permitted density within the existing designation. The density increase is more aligned with Regional and Provincial intensification requirements and is considered a minor increase and is therefore appropriate. The policies of the Official plan are met by providing a development that is similar in character to other new townhouse developments within the Village in compliance with the St. Davids Urban Design Guidelines. The development provides to further diversify the choice of housing within the Village while making efficient use of underutilized, urban serviced lands within the urban boundary. The development provides for adequate open and amenity space as well as separation between adjacent land uses. The development proposes perimeter fencing and landscaping. In order to ensure that the St. Davids Urban Design Guidelines are adhered to in detail, the townhouse component of the project will be subject to Site Plan Approval, which will address landscaping requirements and building design in more detail, which will be secured through an agreement registered on title. The single detached dwellings will be subject to the St. Davids Urban Design Guidelines which are implemented through the proposed zoning. 13

14 5.0 CURRENT ZONING The subject lands are currently zoned Residential Development (RD) Zone which is essentially a holding zone which does not permit any form of development unless an application for rezoning is provided. Through this application the lands are proposed to be re-zone to a site specific Residential (R2) Zone to permit the 18 single detached dwellings and Residential RM1 to permit the 38 condominium townhouse units. The matrix below provides and outline of the proposed site specific zoning provisions being requested through this application: 9.2 Residential (R2) Zone No. Provision Required Proposed Zone Requirements: (a) Minimum Lot Frontage 15m no change (b) Minimum Lot Area 475m2 no change (c) Maximum Lot Coverage 40% 55% and 60% with a covered porch (d) Minimum Landscaped Open Space 25% no change (e) Minimum Front Yard Setback to 4.5m no change Front Face of Dwelling (f) Maximum Front Yard Setback 6.0m delete (g) Minimum Front Yard Setback to 7.5m 6.0 metres Front Face of the Attached Garage (h) Maximum Width of Garage Face 7.5m 55% of lot frontage (i) Minimum Interior Side Yard Setback 1.2m no change i) except where there is no attached garage, the minimum side yard shall be on one side: 3.0m no change (j) Minimum Exterior Side Yard Setback 4.5m 3 metres (k) Minimum Rear Yard Setback 7.5m 6.5 metres (l) Minimum Dwelling Floor Area 93m2 no change (m) Maximum Building Height 10.0m no change (n) Minimum Accessory Building Yards Setback 1.5m no change (o) Minimum accessory Building Exterior Side Yard Setback additional provisions 4.5m no change a covered porch is permitted to encroach into a rear yard setback a maximum of 3.5 metres 9.4 Residential Multiple (RM1) Zone No. Requirement Required Proposed Zone Requirements Block Townhouse Dwellings (a) Minimum Lot Frontage 30m no change 14

15 (b) Minimum Lot Area Per Unit 285m2 delete and let setbacks prevail (c) Maximum density 30 units per ha no change (d) Maximum Lot Coverage 35% 45% (e) Minimum Landscaped Open Space 30% 25% (f) Minimum Front Yard Setback 6.0m 2.5 metres to a public road and 3.2 metres to a private road (g) Minimum Interior Side Yard Setback 6.0m 3.0 metres (h) Minimum Exterior Side Yard Setback 6.0m no change (i) Minimum Rear Yard Setback 6.0m 3.2 metres to a private road and 6.0 metres to the south property line (j) Minimum Distance Between Buildings Located on the Same Lot (i) Between walls not containing windows to a habitable room 3.0m no change (k) (ii) Between walls where one wall contains a window to a habitable room 9.0m no change (iii) Between walls where both walls contain a window to a habitable room Minimum Distance Between any townhouse dwelling and an internal driveway and parking area is 4.5m to the front face of the dwelling, and 6.0m to the front face of the garage 15.0m no change (l) Minimum Dwelling Unit Area 80m2 no change (m) Maximum Building Height 10.0m no change (n) Minimum accessory building yards setback 0.5m no change (o) (p) Minimum Accessory building exterior side yard setback 6.0m no change Minimum Setback of uncovered, unenclosed or covered patio or deck form requires a side yard setback of 0.6m 3.5 to the front face of the garage delete A copy of the draft zoning by-law is included as Schedule C to this report. 15

16 6.0 PLANNING IMPACT ANALYSIS METHODOLOGY This report, in order to accurately represent the impact of the proposed development, included review of the appropriate applicable policies at the local, regional and provincial level as well as several other constraints on the site. Each policy was outlined and the proposal was reviewed in light of the policy directions set out in the various documents to determine its effects and the appropriateness of the proposed development. 16

17 7.0 SUMMARY The subject lands are located within the Urban boundary of the Village of St. Davids which is designated for urban and residential growth. The development is consistent with Provincial and Municipal policies that encourage the efficient use of land and infrastructure while providing for a range of housing choices. The development is consistent in character with other similar recent developments in the Village ensuring compatibility. The development will be subject to a Condominium and Site Plan Agreement securing all of the policy requirements of the Town including parkland dedication, urban design, landscaping, grading and drainage. The development is considered a good efficient use of urban serviced land, which is considered good land use planning. Prepared by: Jennifer Vida, MCIP, RPP Senior Project Planner Upper Canada Consultants 17

18 VINTAGES OF FOUR MILE CREEK TOWN OF NIAGARA-ON-THE-LAKE SUBJECT LANDS KEY PLAN DRAFT PLAN OF SUBDIVISION LEGAL DESCRIPTION PART 1, PART OF LOT 88 GEOGRAPHIC TOWNSHIP OF NIAGARA TOWN OF NIAGARA-ON-THE-LAKE REGIONAL MUNICIPALITY OF NIAGARA OWNER'S CERTIFICATE SURVEYOR'S CERTIFICATE REQUIREMENTS OF SECTION 51(17) OF THE PLANNING ACT LAND USE SCHEDULE VINTAGES OF FOUR MILE CREEK DRAFT PLAN OF SUBDIVISION 1509-DP 0

19 BLOCK 19 - VINTAGES OF FOUR MILE CREEK TOWN OF NIAGARA-ON-THE-LAKE SUBJECT LANDS KEY PLAN DRAFT PLAN OF VACANT LAND CONDOMINIUM LEGAL DESCRIPTION PART 1, PART OF LOT 88 GEOGRAPHIC TOWNSHIP OF NIAGARA TOWN OF NIAGARA-ON-THE-LAKE REGIONAL MUNICIPALITY OF NIAGARA OWNER'S CERTIFICATE SURVEYOR'S CERTIFICATE REQUIREMENTS OF SECTION 51(17) OF THE PLANNING ACT VINTAGES OF FOUR MILE CREEK DRAFT PLAN OF CONDO 1509-DPC 0

20 SUBJECT LANDS KEY PLAN VINTAGES OF FOUR MILE CREEK NIAGARA-ON-THE-LAKE, ONTARIO LEGAL DESCRIPTION PART 1, PART OF LOT 88 GEOGRAPHIC TOWNSHIP OF NIAGARA TOWN OF NIAGARA-ON-THE-LAKE REGIONAL MUNICIPALITY OF NIAGARA PUBLIC WORKS DEPARTMENT APPROVAL DOUG KERR DEPUTY DIRECTOR FIRE AND EMERGENCY SERVICES FIRE ROUTE SIGN DETAIL BLOCK 19 VINTAGES OF FOUR MILE CREEK TOWN OF NIAGARA-ON-THE-LAKE SITE PLAN 1509-SITE 0

21 Schedule D Part of 361 Tanbark Draft Zoning By Law Amendment THE CORPORATION OF THE TOWN OF NIAGARA ON THE LAKE BY LAW NUMBER BEING A BY LAW TO AMEND THE TOWN OF NIAGARA ON THE LAKE ZONING BY LAW WHEREAS the Council of the Corporation of the Town of Niagara on the Lake adopted By law ; AND WHEREAS the Council of the Corporation of the Town of Niagara on the Lake deems it expedient to amend said Zoning By law NOW THERFORE THE COUNCIL OF THE CORORATION OF THE TOWN OF NIAGARA ON THE LAKE ENACTS AS FOLLOWS: 1. That the Town of Niagara on the Lake Zoning By law is hereby amended. 2. That Schedule A to the Town of Niagara on the Lake Zoning By law , as amended, is hereby further amended as shown on Schedule A attached hereto and forming part of this By law by zoning the lands identified as Part 1 as Residential R2 Site Specific to permit eighteen single detached dwellings and the land identified as Part 2 as Residential Multiple RM1 Site specific to permit 38 townhouse dwellings. The following provisions: 9.2 Residential (R2) Zone No. Provision Required Proposed Zone Requirements: (a) Minimum Lot Frontage 15m no change (b) Minimum Lot Area 475m2 no change (c) Maximum Lot Coverage 40% 55% and 60% with a covered porch (d) Minimum Landscaped Open Space 25% no change (e) Minimum Front Yard Setback to 4.5m no change Front Face of Dwelling (f) Maximum Front Yard Setback 6.0m delete (g) Minimum Front Yard Setback to 7.5m 6.0 metres Front Face of the Attached Garage (h) Maximum Width of Garage Face 7.5m 55% of lot frontage 1

22 (i) Minimum Interior Side Yard Setback 1.2m no change i) except where there is no attached garage, the minimum side yard shall be on one side: 3.0m no change (j) Minimum Exterior Side Yard Setback 4.5m 3 metres (k) Minimum Rear Yard Setback 7.5m 6.5 metres (l) Minimum Dwelling Floor Area 93m2 no change (m) Maximum Building Height 10.0m no change (n) Minimum Accessory Building Yards Setback 1.5m no change (o) Minimum accessory Building Exterior Side Yard Setback additional provisions 4.5m no change a covered porch is permitted to encroach into a rear yard setback a maximum of 3.5 metres 9.4 Residential Multiple (RM1) Zone No. Requirement Required Proposed Zone Requirements Block Townhouse Dwellings (a) Minimum Lot Frontage 30m no change (b) Minimum Lot Area Per Unit 285m2 delete and let setbacks prevail (c) Maximum density 30 units per ha no change (d) Maximum Lot Coverage 35% 45% (e) Minimum Landscaped Open Space 30% 25% (f) Minimum Front Yard Setback 6.0m 2.5 metres to a public road and 3.2 metres to a private road (g) Minimum Interior Side Yard Setback 6.0m 3.0 metres (h) Minimum Exterior Side Yard Setback 6.0m no change (i) Minimum Rear Yard Setback 6.0m 3.2 metres to a private road and 6.0 metres to the south property line (j) Minimum Distance Between Buildings Located on the Same Lot (i) Between walls not containing windows to a habitable room 3.0m no change (k) (ii) Between walls where one wall contains a window to a habitable room 9.0m no change 15.0m no change (iii) Between walls where both walls contain a window to a habitable room Minimum Distance Between any townhouse dwelling and an internal driveway and parking area is 4.5m to the front face of the dwelling, and 6.0m to the front face of the garage 3.5 to the front face of the garage (l) Minimum Dwelling Unit Area 80m2 no change (m) Maximum Building Height 10.0m no change (n) Minimum accessory building yards setback 0.5m no change 2

23 (o) (p) Minimum Accessory building exterior side yard setback 6.0m no change Minimum Setback of uncovered, unenclosed or covered patio or deck form requires a side yard setback of 0.6m delete READ A FIRST, SECOND AND THIRD TIME AND PASSED BY COUNCIL THIS DAY OF, MAYOR CLERK 3

24 EXISTING AGRICULTURE PART 1 LINE 9 ROAD EXISTING RESIDENTIAL FUTURE RESIDENTIAL PART 2 FOUR MILE CREEK ROAD (REGIONAL ROAD NO. 100) EXISTING RESIDENTIAL LEGEND PART 1 - FROM RESIDENTIAL DEVELOPMENT (RD) ZONE TO RESIDENTIAL (R2) SITE SPECIFIC ZONE PART 2 - FROM RESIDENTIAL (RD) DEVELOPMENT ZONE TO RESIDENTIAL MULTIPLE (RM1) SITE SPECIFIC ZONE 361 TANBARK SCHEDULE 'A' TO ZONING BY-LAW AMENDMENT No. MAYOR: CLERK: