Planning Assessment Report. Southeast Corner of John Street West & Victoria Street, Niagara-on-the-Lake April, Planning & Design Inc.

Transcription

1 Planning Assessment Report Southeast Corner of John Street West & Victoria Street, Niagara-on-the-Lake April, 2016 Planning & Design Inc.

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3 TABLE OF CONTENTS 1! Introduction... 1! 1.1! Purpose... 1! 1.2! Location & Surrounding Area Context ! Proposal... 3! 2.1! Proposed Development... 3! 2.2! Official Plan... 3! 2.2.1! Existing Official Plan Designation... 3! 2.3! Zoning By-law... 4! 2.3.1! Existing Zoning... 4! 2.3.2! Proposed Zoning By-law Amendment... 4! 2.4! Supporting Studies... 5! 2.4.1! Environmental Site Assessment... 5! 2.4.2! Archaeological Assessment... 6! 2.4.3! Servicing Study ! Policy Review & Planning Assessment... 8! 3.1! Provincial Policy Statement (2014)... 8! 3.1.1! Policy Overview... 8! 3.2! Greenbelt Plan (2005)... 11! 3.2.1! Policy Overview... 11! 3.3! Growth Plan for the Greater Golden Horseshoe (2013)... 11! 3.3.1! Policy Overview... 11! 3.4! Niagara Regional Official Plan... 13! 3.4.1! Policy Overview... 13! 3.5! Town of Niagara-on-the-Lake Official Plan... 15! 3.5.1! Policy Overview... 15! 3.6! Amendment No. 43 to the Town of Niagara-on-the-Lake Official Plan... 20! 3.6.1! Policy Overview ! DETAILED SITE AND AREA ANALYSIS... 24! 4.1! Area and Density Characteristics... 24! 4.2! Site and Area Analyis... 26! 4.3! Urban Design... 27! 4.4! Site and Area Analysis Conclusion ! Conclusion... 30! April 2016 i

4 LIST OF FIGURES & TABLES Figure 1 Location Map Figure 2 Location Context and Surrounding Uses Figure 3 Proposed Draft Plan of Subdivision Figure 4 Existing Official Plan Designation Figure 5 Existing Zoning Figure 6 Greenbelt Plan Figure 7 Growth Plan Figure 8 Niagara Regional Policy Plan Figure 9 Amendment No. 43 to the Town of Niagara-on-the-Lake OP Figure 10 Recently Constructed and Approved Medium Density Developments Table 1 Surrounding Uses APPENDIX A Proposed Draft Zoning By-law Amendment April 2016 ii

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6 Another defining characteristic of the area is the block of land on the south side of John Street, also bound by Gate Street, Anne Street and Victoria Street. This is the site of the former St. Vincent de Paul school, and is located directly across the street from the subject lands. This block is currently under development for the construction of 20 bungalows and 22 townhouse units on a private lane (Averton Square Development). The following Table 1 provides a detailed list of uses surrounding the subject lands: Table 1 Surrounding Uses Direction of Description of Surrounding Use Surrounding Use North 83 John Street West Existing 1-storey dwelling 496 Victoria Street Existing 2-strey dwelling, Green Gables Cottage East 76 John Street West Existing 1-storey dwelling 66 John Street West Existing 1-storey dwelling South 538 Victoria Street Existing 1-storey dwelling West Averton Square Development (120 John Street West) Site currently being developed for 20 single detached dwellings and 22 townhouse dwellings April

7 Figure 1 - Location Map Subject Lands: South East Corner of John and Victoria

8 Figure 2 - Location Context and Surrounding Uses Victoria Street Existing 2 semi detached dwellings 481 Victoria Street Existing Châteaux Georgian development 492 Victoria Street Existing 2 story dwelling Green Gables Cottage Averton Square Development 20 single detached dwelling and units 496 Victoria Street Existing 2 story dwelling Green Gables Cottage 135 John Street Vacant site, proposal of townhouse dwellings Subject Lands: South East Corner of John and Victoria

9 2 PROPOSAL 2.1 PROPOSED DEVELOPMENT The proposed Draft Plan of Subdivision is shown on Figure 3. The proposal consists of a plan of subdivision to divide the subject lands into eight (8) separate lots to accommodate the construction of eight (8) townhouse units. Four (4) of the units will front and have access onto Victoria Street, and four (4) of the units will front and have access onto John Street. The townhouse have a range of widths, with a minimum of 7.69-metres wide to 8.47-metres wide. The proposed density of the subject lands is 33.5 units per hectare. The layout and orientation of the proposed lots takes full advantage of the street frontage on both Victoria and John Streets, contributing to an attractive streetscape and prominent building façades along both streets rather than just one. The driveways for the 4 proposed lots along Victoria Street and 4 proposed lots along John Street will be paired where possible to maximize the amount of continuous landscape open space along the street. The orientation of the proposed lots and siting of the proposed dwellings will fit into the surrounding neighbourhood context and be compatible with existing built form. Appropriate building setbacks are proposed, in line with zone standards for similar built and proposed developments in the RM1 zone, which is the proposed zoning for the subject lots, as discussed later in this report. 2.2 OFFICIAL PLAN Existing Official Plan Designation Schedule B of the Niagara-on-the-Lake Official Plan designates the subject lands as Established Residential, as shown on Figure 4. The Established Residential designation permits low density residential uses such as single detached, semi-detached and duplex dwellings, as well as a number of secondary uses such as secondary apartments, group homes, and bed and breakfasts. Medium density residential uses are permitted within the Established Residential designation. The proposed townhouse development falls under the medium density residential development category. The residential density policies of the Official Plan (Part 3, General Residential Policies, subsection 4) establish general density targets for residential April

10 Figure 3 Proposed Draft Plan of Subdivision!

11 Figure 4 - Existing Official Plan Designation Subject Lands: South East Corner of John and Victoria

12 Figure 5 - Existing Zoning Subject Lands: South East corner of John and Victoria Established Residential Zone

13 developments. For medium density residential developments, the policy states that the density of such developments will not exceed 30 units per net hectare, unless accompanied by a detailed site and area analysis demonstrating that there will be minimal impact on surrounding neighbourhoods and development. As the proposed development is at a density of 33.5 units per net hectare, a detailed site and area analysis is provided in Section 4 of this report. 2.3 ZONING BY-LAW Existing Zoning Schedule A-1 of Zoning By-law zones the subject lands as Established Residential (ER), as shown on Figure 5. The ER zone permits single detached dwellings, bed and breakfast establishments, a home occupation, group homes, public uses and accessory buildings and structures. The proposed townhouses are not permitted in the ER zone. As such, an amendment to the Zoning By-law is required to permit the proposed townhouses Proposed Zoning By-law Amendment The subject lands are proposed to be re-zoned from Established Residential (ER) Zone to Residential Multiple (RM1) Zone, with the following special provision applying to the subject lands. Where different from RM1 and general zone provisions, the proposed regulation is highlighted in red: Zone%Requirements% Required% Proposed% Min.%Lot%Frontage% 7.5m%(interior),% 7.5m%(interior),% 9.0m%(exterior)% 7.5m%(exterior)% Min.%Lot%Area% 195%sq.m.% 195%sq.m.% Max.%Lot%Coverage% 50%% 60%% Minimum%Landscaped%Open%Space% 25%% 25%% Min.%Front%Yard%Setback% 6.0m% 6.0m% Min.%Interior%Side%Yard%Setback% 1.5m%(end%unit)% 0.0m%(common% wall)% Min.%Exterior%Side%Yard%Setback% 4.5m% 3.0m% 1.2m%(end%unit)% 0.0m%(common% wall)% Min.%Rear%Yard%Setback% 7.5m% 6.0m% Min.%Dwelling%Floor%Area% 84%sq.%m.% 84%sq.%m.% Max.%Building%Height% 10.0m% 10.0m% Min.%Yards%Setback%for%Accessory%Buildings% 0.5m% 0.0m% April

14 Min.%Yards%Setback%of%uncovered,%unenclosed% or%covered%patio%or%deck%form% 0.6m% 0.0m% Min.%Side%Yard%Setback%for%a%covered%porch% N/A% 0.0m% Driveway%Setback%from%property%line% 8.0m%(exterior),% 8.0m%(exterior),% 1.0m%(interior)% 0.0m%(interior)% 0.3m%(side% A%box%and%bay%window%can%encroach%into%a% yard),%0.6m% required%yard%by:% (front%yard)% 0.61m% A%covered%porch%can%encroach%into%a% required%front%yard%by:% N/A%(however,% uncovered% porches%can% encroach%1.5m)% 1.5m%(with% additional%0.5m% for%stairs)% These requested zone provisions are appropriate for the proposed townhouses. Throughout this report, it is demonstrated that the proposed development will fit into the surrounding neighbourhood context, and will have no negative impacts on adjacent properties. Given the intensification policies in the Town s Official Plan, it is appropriate to consider denser built forms that compliment existing development. The proposed bungalow townhouses will be appropriately sized to suit the needs of future residents. A number of site specific zone provisions are required to accommodate the townhouses, such as reduced yard setbacks, increase in maximum lot coverage, and slight increases to permitted yard encroachments. It is important to note that there are other examples of townhouse developments in Old Town where site specific zoning has been approved to permit lot coverage of up to 80%. The proposed lot coverage for these townhouses is only slightly above the existing by-law requirement. Appendix A to this report contains a proposed Draft Zoning By-law Amendment. 2.4 SUPPORTING STUDIES As part of this submission for Zoning By-law Amendment and Draft Plan of Submission, a number of letters and plans have been prepared in support of the applications. This section provides an overview of this material: Environmental Site Assessment A Phase One Environmental Site Assessment (ESA) was prepared for the subject lands by Soil Engineers Ltd. The purpose of the study is to identify any potential environmental concerns associated with the with the subject lands. The ESA notes that the subject lands have been used for agricultural purposes in the past, and is surrounded primarily by residential properties, with the exception of a commercial property to the south, which was also the location of a boat April

15 manufacturer, as well as a former coal and wood business that was located approximately 20.0m to the east of the subject lands. As such, the ESA recommends that a Phase Two ESA be conducted to assess the property in the context of the former neighbouring uses Archaeological Assessment An archaeological assessment has already been completed for the subject lands, prior to Solmar taking ownership of the property. A letter confirming receipt of the study and compliance with the 2011 Standards and Guidelines for Consultant Archaeologists is provided for reference purposes. The letter from the Ministry of Tourism, Culture and Sport confirms that no further archaeological work is required for the subject lands Servicing Study Upper Canada Consultants has prepared a servicing study for the subject lands. The study looks at the how the Town s sanitary, water, stormwater and road systems can accommodate the proposed development. Sanitary System The proposed development will discharge sanitary flows into two sewers, along Victoria Street and John Street West. The study states that the proposed units will generate a negligible increase in sewage flow into the sewers, and that there will be very little impact on the existing sanitary sewers downstream from the property. Water System According to the study, the Town s existing watermain systems have adequate capacity to accommodate the proposed development. In the Spring of 2015, the Town reconstructed the former 150mm cast iron watermain along Victoria Street to a new 150mm PVC watermain. As such, the study concludes that the existing watermain systems have adequate capacity for the proposed development. Stormwater System Currently, stormwater on the subject lands are drained into the Victoria Street and John Street West roadside ditches. Based on the proposed grading for the development, the stormwater drainage will be split as follows: Stormwater from the front yards of the proposed lots will drain directly out to the existing roadside ditches along Victoria and John Streets; Stormwater from the rear yards of the proposed lots will drain into grassed swales along the proposed development site limits, and then out to both April

16 John and Victoria Streets. These proposed grassed swales will not impact neighbouring properties to the south and east. Overall, site imperviousness will increase by 120% over existing conditions. According to the study, the combination of the proposed grassed swales and landscape areas will provide adequate stormwater infiltration into the soils, such that the proposed stormwater flows will generally match existing stormwater levels on the subject property. Road System According to the study, the proposed development will not impact the adjacent roadways and immediate traffic flows in the area due to the small amount of traffic generated by the proposed development. The study also states that the northernmost proposed driveway along Victoria Street, located at approximately 9.0 metres away from the stop sign, will be at an adequate distance from the intersection so as to not impact the intersection stop control movements. Driveway entrances are encouraged to be grouped as much as possible so as to minimize the amount of driveway culverts sued to continue the roadside ditch flows under the driveways. April

17 3 POLICY REVIEW & PLANNING ASSESSMENT This section of the report assesses the merits of the proposal in the context of provincial, regional, and local policy applicable to the subject lands. The policy documents reviewed include the Provincial Policy Statement (2014), the Greenbelt Plan (2005), the Growth Plan for the Greater Golden Horseshoe (2013), the Niagara Regional Policy Plan and Policy Plan Amendment , the Town of Niagara-on-the-Lake Official Plan, as well as Amendment No. 43 to the Town of Niagara-on-the-Lake Official Plan. 3.1 PROVINCIAL POLICY STATEMENT (2014) Policy Overview The Provincial Policy Statement (PPS) provides direction to the land use planning process. Planning decisions by municipal councils and other decisionmakers are required to be consistent with the PPS. The policy statements of particular applicability, reviewed below, largely relate to Building Strong Healthy Communities [Part V, Section 1.0 of the PPS]. The PPS requires that healthy, livable and safe communities are sustained by: promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; accommodating an appropriate range and mix of residential and other uses to meet long-term needs; avoiding development and land use patterns which may cause environmental or public health and safety concerns; promoting cost-effective development standards to minimize land consumption and servicing costs; and, ensuring the necessary infrastructure and public service facilities are or will be available to meet current and projected needs [Policy 1.1.1, in part]. The PPS further directs that sufficient land shall be made available through intensification and redevelopment and, if necessary, designated growth areas, to accommodate an appropriate range and mix of housing and other land uses to meet projected needs for a time horizon of up to 20 years [Policy 1.1.2]. The PPS provides that settlement areas are to be the focus of growth, and their vitality and regeneration promoted. Land use patterns within settlement areas shall be based on densities and a mix of land uses that: April

18 efficiently use land and resources; are appropriate for and efficiently use infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; and, minimize negative impacts to air quality and climate change, and promote energy efficiency [Policies & a)]. Accordingly, the PPS directs that appropriate development standards should be promoted to facilitate compact form, while maintaining appropriate levels of public health and safety [Policy , in part]. Consistency: The proposed development is consistent with these policies as it provides for intensification to help the Town meet its projected housing needs for 20 years. It helps the Town provide for a mix of housing to meet long-term needs. It represents an efficient development of the subject lands from the perspective of servicing, and use of existing infrastructure and public service facilities. It creates a compact built form that supports transit and walkability while minimizing land use compatibility concerns by fitting into the context of the neighbourhood. The subject lands are well situated within the Old Town community, located along an existing transit route (between the Court House and Community Centre bus stops) and within walking distance to many of the area s amenities. As such, the proposed development will minimize any potential negative impacts on the environment and reduce commuting. The PPS also contains policies aimed at providing for an appropriate range of housing types and densities. Included are policies requiring that planning authorities provide for an appropriate range of housing types and densities to meet projected requirements by permitting and facilitating, among other matters: housing affordable to low and moderate income households; all forms of residential intensification and redevelopment in accordance with policy ; directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are available; promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities; and establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form [Policy 1.4.3, in part]. Consistency: The proposal contributes to a broader range of housing within the Town. The subject site is located within a fully serviced urban settlement area April

19 where infrastructure and community facilities are located and available. As well, the proposal will contribute to the achievement of the Town s intensification target in a manner that is cost effective and contributes to creating a compact built form in the Town that respects the density character of the immediate surroundings. Among other PPS directions for infrastructure and service facilities [in Policy Section 1.6], the policies require co-ordination, efficiency and cost-effectiveness, and that infrastructure and public service facilities be strategically located to support the effective and efficient delivery of emergency management services [Policy 1.6.3]. Consistency: The subject lands are located within a fully serviced settlement area and within close proximity to a new fire station, the Town s new public library, community centre and the NOTL Lawn Bowling Club. The proposal makes efficient use of existing infrastructure facilities within Old Town. Section 1.8 of the PPS requires that planning authorities support energy efficiency and improved air quality through land use and development patterns that are compact, promote the use of public transit and alternate forms of transportation and improve the mix of employment and housing to shorten commute times. Consistency: As mentioned earlier, the location, proposed orientation of the lots and size of the subject lands allows for an efficient and compact built form, in a location that is well supported by public transit and within walking distance to shopping, community services, community facilities and parks. Section 2 of the PPS contains policies on the wise use and management of resources. Consistency: The proposal is consistent with the natural heritage (s. 2.1) and water (s. 2.2) policies of the PPS, as there are no environmental constraints affecting the proposal. PPS directions for cultural heritage and archaeology [Policy Section 2.6] have been appropriately addressed. The letter from the Ministry of Tourism, Culture and Sport states that no further archaeological work is required for the subject lands. Finally, the PPS directs measures to protect public health and safety with respect to both natural hazards such as flooding and erosion, and man-made hazards such as contaminated sites [Policies 3.1 & 3.2]. April

20 Consistency: The subject lands do not present any such health or safety concerns. 3.2 GREENBELT PLAN (2005) Policy Overview The Greenbelt Plan identifies areas where urbanization should not occur in order to provide permanent protection to the agricultural land base and ecological features and functions. All lands within the Town of Niagara-on-the-Lake are within the Greenbelt Plan Area, as shown on Figure 6. The majority of the lands within the Town are designated Protected Countryside Tender Fruit and Grape Lands, with the exception of the lands within the Town s settlement areas as well as lands subject to the Niagara Escarpment Plan. The settlement areas, including Old Town, are designated as Towns and Villages. Towns and Villages are not subject to the policies of the Greenbelt Plan, and are governed by municipal plans and related programs and initiatives. Municipalities are encouraged to, maintain, intensify and/or revitalize these areas. Settlement Areas are not permitted to expand into the Greenbelt Protected Countryside Lands. However, at the 10-year Greenbelt Plan Review, there will be opportunity for modest settlement area expansions into the Greenbelt subject to a number of conditions provided in section Conformity: The policies of the Greenbelt Plan clearly limit the potential for future expansion to the Town s settlement areas, including Old Town where the subject lands are located. It is therefore important to promote intensification, particularly in Old Town where the supply of vacant Designated Greenfield Area lands will become increasingly limited as time passes. The subject proposal represents an opportunity for the efficient redevelopment of underdeveloped properties. 3.3 GROWTH PLAN FOR THE GREATER GOLDEN HORSESHOE (2013) Policy Overview With adoption of Places to Grow, Growth Plan for the Greater Golden Horseshoe in 2006 (as amended), the Province further reinforced the importance of the PPS policies requiring that, as a first priority wherever possible, growth be directed to locations within built-up areas where intensification and redevelopment can be transit-supportive and make efficient use of land, infrastructure and public service facilities. The subject lands fall within the built-up area of the Old Town settlement area in Niagara-on-the-Lake, as shown on Figure 7. April

21 Figure - Greenbelt Plan Subject Lands: South East Corner of John and Victoria

22 Figure - Growth Plan Subject Lands: South East Corner of John and Victoria

23 It is important to optimize the use of the existing land supply to avoid over designating new land for future urban development. Policies for managing growth, as set out in Section of the Growth Plan, include the following: directing a significant portion of new growth to the built-up areas of the community through intensification; providing convenient access to transit; focusing intensification in intensification areas ; and reducing dependence on the automobile through the development of compact, mixed use, transit-supportive, pedestrian-friendly urban environments. Conformity: The proposed development is in conformity with the Growth Plan. The policies of Section speak to the efficient and effective management of growth. The proposed development conforms with these policies, as the subject lands are located within the built-up area of Old Town and represent intensification within the built up area. The proposal optimizes the use of the existing land supply. Although the Town does not specifically identify the site as an intensification area, as discussed further in this report, applications for intensification are not limited to these areas. The subject lands are located in close proximity to the Town s transit route and are located in close proximity to parks, shopping and community services, thereby reducing dependence on the automobile. Policy 2.2.3(6) requires municipalities to develop an intensification strategy, to be implemented through their official plans and other supporting documents, which will, among other things, identify Intensification Areas. Intensification Areas are defined, in part, as including urban growth centres, intensification corridors, major transit station areas, and other major opportunities including infill, redevelopment, brownfield and greyfield sites, and expansion or conversion of existing buildings. Conformity: The Region of Niagara and the Town of Niagara-on-the-Lake have sought to bring their Official Plans into conformity with the Growth Plan through Amendment to the Regional Plan and Amendment No. 43 to the Town s Official Plan. Conformity with the policies of these amendments is discussed in Sections 3.4 and 3.6 of this report. The general intensification policies of the Growth Plan require that by the year 2015 and for each year thereafter, a minimum of 40% of all residential development occurring annually within municipalities will occur within the built-up area [Policy ]. In the case of Niagara Region, the overall intensification target for the Region is 40%, as discussed further in this report. For the Town of Niagara-on-the-Lake, the intensification target is 15%. As reviewed in subsequent Sections 3.4 and 3.6 of this report, the Region s and Town s efforts April

24 to address the requirements of the Growth Plan resulted in the adoption of Regional Policy Plan Amendment and Town of Niagara-on-the-Lake Official Plan Amendment No. 43. Conformity with these amendments is discussed in subsequent sections of this report. In terms of community infrastructure, the Growth Plan requires that planning for growth take into account the availability and location of existing and planned community infrastructure so that the community infrastructure can be provided efficiently and effectively [Policy ]. Conformity: As previously discussed, the proposed development makes efficient use of existing infrastructure and community facilities in Old Town. 3.4 NIAGARA REGIONAL OFFICIAL PLAN Policy Overview Niagara Regional Policy Plan The Niagara Regional Official Plan contains policies, goals and objectives to guide the physical, economic and social development of Niagara Region. Section Three of the Niagara Region Policy Plan identifies the Region s Strategy for development and conservation through strategic principles, which recognize that Niagara Region is a community of different communities. They encourage the preservation of the area s character while at the same time recognize the importance of economic development and housing to meet the needs of those living and moving to the Region. The objectives taken together provide the basis for a Regional Strategy to guide development and change in the Region. The map accompanying this section titled, Regional Niagara Strategy for Development and Conservation (as shown on Figure 8), illustrates the Region s strategy and conceptually identifies Urban Areas in the Region, including Old Town in Niagara-on-the-Lake. Section 4 of the Regional Official Plan identifies the key objectives for growth in Niagara Region, including the designation of Urban Areas to meet anticipated residential needs, providing suitable and efficient infrastructure systems, and providing a sufficient supply of housing which is affordable, accessible, adequate and suited to the needs of the full range of types of households and income groups in Niagara. The subject lands fall within the built-up area of the Old Town Urban Area. Policy 4.G.7.2 states that Urban Areas are to be the focus of the Region s long term growth and development, and policy 4.G.8.1 states that built-up areas will be the focus of residential intensification and redevelopment over the long term. April

25 Figure 8 Niagara Regional Official Plan Regional Structure! Subject Lands: South East Corner of John and Victoria

26 Consistency: The subject lands are within the built-up area of Old Town, and therefore the proposal is in conformity with policies 4.G.7.2 and 4.G.8.1 of the Amendment and helps to implement the policies of the Regional Policy Plan. Section 4.C contains policies on intensification. Policy 4.C.2.1 requires local municipalities to develop and implement intensification strategies, such as identifying specific intensification areas, planning these areas to provide a diverse mix of land uses and promote the use of transit and pedestrian connectivity, as well as planning for higher densities than currently exist while ensuring relative compatibility with surrounding uses. According to Policy 4.B.1.1, the population of Niagara-on-the-Lake is projected to increase by 7,500 people between 2006 and Section 4.C.4 establishes residential intensification targets for municipalities in the Region. The Region s intensification target between 2015 and 2031 is 40%; that is 40% of all residential development within the Region will occur within the existing built boundaries. While the overall target is 40%, some municipalities have higher targets, and some lower. Niagara-on-the-Lake has an intensification target of 15%. Conformity: The Town has, through Amendment No. 43 to their Official Plan, implemented policies on intensification, such as the requirement for a diverse mix of uses and housing types, compact built form, and the establishment of a minimum intensification target for built-up areas. Conformity with the policies of the Town s Official Plan is discussed in Section 3.6 of this report. Nonetheless, in our opinion the proposal conforms with the policy intent of Section 4.C of the Regional Official Plan as it contributes to the intensification target and provides for higher densities while being compatible with the built forms of surrounding homes. Section 11.A contains policies for Residential Areas and Housing. Policy 11.A.1 states that the Region encourages the provision of a variety of housing types within urban communities and neighbourhoods to serve a variety of people as they age through the life cycle. According to policy 11.A.2, the Region encourages the development of attractive and well designed residential development that is well connected to adjacent residential and commercial areas as well as community facilities, accessible, incorporates the principles of sustainable building design, provides an attractive and functional streetscape, balances the need for private and public spaces and encourages the use of diverse modes of transportation. April

27 Conformity: The subject proposal offers an expanded housing choice within the Town, particularly important in an area where there is a growing trend of an aging population moving into more compact housing forms. The proposed townhouses will be attractive and well designed, and will provide the town with additional more affordable ground-related housing types than traditional single detached dwellings. The detailed design of the dwellings will be finalized through conditions of draft plan approval. Further, and as mentioned earlier, the subject lands are well situated near the Town s transit corridor and in close proximity to major community facilities in Old Town, such as the newly built public library and community centre, fire station, a lawn bowling club, parks and schools. 3.5 TOWN OF NIAGARA-ON-THE-LAKE OFFICIAL PLAN Policy Overview As discussed in Section 2.2 of this report, Schedule B of the Niagara-on-the- Lake Official Plan designates the subject lands as Established Residential, as shown on Figure 4. The Established Residential designation permits low density residential uses, as well as medium density residential development to a maximum density of 30 units per net hectare. Section 9.3 of the Official Plan also contains a number of General Residential policies applicable to all residential designated lands in the Town. Policy 4 under this section addresses residential density. This policy states that additional density may also be permitted for medium density residential developments (such as that proposed) within the Established Residential designation, subject to a detailed site and area analysis that demonstrates that there will be minimal impact on surrounding neighbourhoods and development. Consistency: As the proposed development is at a density of 33.5 units per net hectare, a detailed site and area analysis is provided in Section 4 of this report. The OP contains a number of policies to guide the location, type and form of development within the Town. Section 6 of the OP contains general development policies applicable to various types of development on a town-wide basis. According to the policies, the low-rise character should be maintained. Consistency: In our opinion, the proposed density and built form does maintain the lowrise character of the Town and is comparable with that of other medium density developments within the Town. The proposal is for bungalow April

28 townhouses. There are other proposals for townhouses in the vicinity, including a proposal for 2-storey townhouses at 489 and 495 Victoria Street, 22 townhouse units and 20 bungalows to the west (Averton Square development), 2-storey townhouses at 135 John Street West, and existing townhouses at 481 Victoria Street (Chateau Georgian development). Therefore, the proposed development will fit in well with the surrounding low rise character. There is also a requirement for a Planning Impact Analysis to be completed for all applications for Official Plan and/or Zoning By-law Amendments. The Official Plan sets out specific criteria for the Planning Impact Analysis, and the following provides an assessment of each of this criteria: Consistency: a) Compatibility of the proposed use with surrounding land uses: The proposed townhouses are compatible with the surrounding land uses. There are other proposals for townhouses in the vicinity, including a proposal for 2-storey townhouses at 489 and 495 Victoria Street, 22 townhouse units and 20 bungalows to the west (Averton Square development), 2-storey townhouses at 135 John Street West, and existing townhouses at 481 Victoria Street (Châteaux Georgian development). In our opinion, the proposed development fits in and is compatible with these land uses. b) The impact of height, location and spacing of the building on surrounding land uses: The proposed townhouses will not generate any height or shadowing impacts on neighbouring properties. The proposed height is not out of keeping with heights of typical townhouses, and shadowing impacts associated with the towns are not of concern, particularly due to the proposed building separation distance from adjacent buildings. Further, the proposed townhouses will be bungalows (single-storey), and will not exceed the maximum permitted heights of the RM1 zone. As such, the potential impact on these neighbouring properties will be, in our opinion, non-existent. This is further addressed in the detailed site and area analysis in Section 4 of this report. c) Preserving existing vegetation: There are a number of existing trees on the subject lands. While many of these trees will likely be impacted by the proposed development, the lands are planned to be landscaped extensively. April

29 d) Where a medium density residential development is proposed: the proximity to public open space and recreational facilities, community facilities and transit services, and the adequacy of these facilities and services: As mentioned earlier in this report, the site is located in close proximity to a main transit route in Niagara-on-the-Lake, linking Old Town with the other communities within the Town, as well as to neighbouring municipalities. Further the site is located within walking distance to the newly built Public Library and Community Centre for the Town, as well as a lawn bowling club. These facilities have been newly built to accommodate the existing and future population projected for the Town, and as such, they are expected to accommodate the additional population generated by the proposed development. Also, shopping and restaurants along Niagara Stone Road and Main Street are a short walk away. e) The physical suitability of the land for such proposed use and any anticipated environmental effects: There are no significant environmental features on the subject lands. As such, there are no anticipated environmental effects. The flat and rectangular nature of the site makes it a suitable location for the proposal. f) The size and shape of the parcel of land on which the proposed development is to be located, and the ability of the site to accommodate the intensity of the proposed use: The size and shape of the subject lands can efficiently accommodate the intensity of the proposed development. The shape of the subject lands is more or less rectangular, with sufficient frontage along John Street and Victoria Street, allowing for easy access to the site from multiple proposed driveways. Furthermore, the size of the property allows for much of the land to be landscaped, exceeding minimum requirements set out in the zoning by-law. g) The potential effect of the proposed use on the financial position of the municipality where a development is of a size that would impact in this regard: A fiscal impact study has not been undertaken, nor was it requested in the pre-submission consultation meeting. However, the proposal is anticipated to positively impact the financial position of the municipality as the proposal will make use of existing infrastructure and services. Further, the property taxes generated from the additional units on the April

30 property will generate additional income to the Town s property tax base. h) The adequacy of the existing roadway system to accommodate the proposed use: According to the Servicing Study prepared by Upper Canada Consultants, the proposed development will not impact the adjacent roadways and immediate traffic flows in the area. The existing roadway system will be able to adequately accommodate the proposed development. i) The regulations of the Regional Niagara Policy Plan, Niagara Peninsula Conservation Authority, the Niagara Escarpment Commission, Niagara Parks Commission, Provincial Policy and the requirements or regulations of any other applicable government department or agency: Section 3 of this report discusses the proposal s conformity to all relevant policy documents applying to the subject lands and proposal. The subject lands are not subject to the jurisdiction of the Niagara Escarpment Commission or the Niagara Parks Commission. Although they are within the jurisdiction of the Niagara Peninsula Conservation Authority, they are not in any regulated area. j) The servicing capabilities of the area and capacity of municipal services to accommodate the proposed use which shall include the drainage of the property and address the need for a storm water management plan: The proposed use is not expected to necessitate any required infrastructure improvements. The proposed development can be adequately serviced. Upper Canada Consultants has undertaken an analysis of stormwater, which concludes that site imperviousness will increase by 120% over existing conditions on the subject lands. According to the analysis, the combination of the proposed grassed swales and landscape areas will provide adequate stormwater infiltration into the soils, such that the proposed stormwater flows will generally match existing stormwater levels on the subject property. k) The location and adequacy of lighting, screening, and parking areas: The proposed development is for freehold townhouse units. As such, there are no common lighting or parking areas proposed. April

31 l) Provisions for landscaping and fencing: The lands are proposed to be landscaped extensively. The detailed design and placement of landscape features will be determined at a later point in the planning process. m) The location of outside storage, garbage and loading facilities: No outside storage, garbage or loading facilities are proposed. n) The need and desirability of the use: The PPS and Growth Plan direct all growth to settlement areas, with policies promoting the intensification of built-up areas. In our opinion, this type of intensification is desirable in that it represents modest intensification within an established yet evolving neighbourhood. There is also a need to provide for a range of housing types, and this proposal effectively aids the Town in delivering on that need. o) The effect on the agricultural land base: As the lands are within the Urban Area boundary of Old Town, the subject proposal does not affect the Town s agricultural land base. p) The identification of environmental, archaeological and heritage resources in the area and how the development will impact on those resources: As discussed earlier in this report, the site does not contain any environmental or heritage resources. Therefore, the proposed development will not have an impact on the Town s environmental or cultural resources. As noted earlier in this report, the letter from the Ministry of Tourism, Culture and Sport states that no further archaeological work is required for the subject lands. q) The availability of alternative sites where the application proposes an amendment to the Official Plan to change a land use designation or expand an urban boundary: This is not applicable. r) Measures planned by the applicant to mitigate any adverse impacts on surrounding land uses and streets which have been identified in the Planning Impact Analysis including the submission of detailed plans sufficient to show how the items of this policy have been complied with. April

32 As described throughout this section, the subject proposal will have minimal impact on surrounding uses. Section 9 of the OP contains the residential policies of the OP, including the policies specific to the Established Residential designation. General residential policies of Section 9 deal with issues such as affordable housing, condominiums, and residential density. The Established Residential designation permits medium density residential developments, generally not exceeding 30 units per net hectare, unless accompanied by a detailed site and area analysis demonstrating there will be minimal impact on surrounding neighbourhoods and development and which will be subject to a public review process. Consistency: The Official Plan sets out a maximum density for medium density developments, such as the proposed development, of 30 units per net hectare. If it is demonstrated through a detailed site and area analysis that the impact on surrounding uses will be minimized, then additional density can be accommodated. The subject lands are approximately hectares (0.591 acres) in size, resulting in a density of approximately 33.5 units per hectare (8 townhouse units). The detailed site and area analysis found in Section 4 of this report, in our opinion, justifies the increased density on the subject site. 3.6 AMENDMENT NO. 43 TO THE TOWN OF NIAGARA-ON- THE-LAKE OFFICIAL PLAN Policy Overview Amendment No. 43 to the Town of Niagara-on-the-Lake Official Plan, adopted by Town Council in July 2010 and later approved by the Region, adds a new section to the Town s Official Plan: Section 6A Growth Management Policies. This Amendment is in effect. While the Town s draft 2013 Official Plan consolidation incorporates this amendment, the Town has specified that the approved 2004 Official Plan is the definitive Official Plan text. As such, for the purposes of this report, Amendment No. 43 is referred to as a stand-alone Amendment to the 2004 Official Plan, and policy references are made to the approved Amendment text. The amendment provides population projections and allocations, identifies growth areas, built-up areas, intensification areas, designated greenfield areas and provides a full range of related growth management policies to bring the OP into conformity with the Growth Plan and Regional Policy Plan Amendment Schedule I-1 of the Amendment shows the subject lands within the Builtup Area of Old Town, as shown on Figure 9. April

33 Figure - Amendment No. 43 to the Town of Niagara-on-the-Lake OP Subject Lands: South East Corner of John and Victoria

34 Section 3.2 of the amendment contains the Town s growth management objectives. Some of the more notable objectives pertaining to the subject proposal include the following: to accommodate all future urban growth within the urban boundary; direct a minimum of 15% of the Town s future residential development to built-up areas in Virgil and Old Town; direct appropriate intensification to Designated Intensification Areas ; and, develop compact, complete communities that include a diverse mix of land uses and range of housing types. Tables 1 and 2 of the Amendment forecast a population and unit growth of 7,500 people and 3,395 units between 2006 and Consistency: Consistent with sections 3.2 and 3.4 of the Amendment, and as described throughout this report, the subject proposal will contribute to the Town s minimum intensification target of 15% and will assist the Town in providing a wider range of housing types. Although the Town s Official Plan identifies specific intensification areas, intensification is permitted throughout the built-up area. Section 4.3 of the Official Plan states that the majority of the Town s intensification will be encouraged in specific Intensification Areas, and with infilling in other locations in the Built-Up Area where the development is consistent with the land use compatibility, Urban Design and other applicable policies of this Plan and where development will not negatively impact designated heritage areas, heritage resources and estates lots. In our opinion, as set out in this report, the proposed development is consistent with this policy objective. Sections 4.3 and 4.4 outline the Town s intensification strategy. The policies call for the primary built form of intensification to be single detached, semi-detached, townhomes and low-rise apartments, and a residential density between 14 and 30 units per hectare for medium density residential development. Further, for intensification proposals in Virgil and Old Town, the Amendment lists urban design guidelines that shall apply. The following design guidelines are applicable to the subject proposal: new development should match the average pre-established setback of adjacent buildings; the main entrance of new buildings should front onto the street; the design of new buildings should facilitate linkages to existing and proposed pedestrian and cycling networks; and, new development shall fit the context within which it is located in terms of bulk, mass and scale. April

35 Consistency: Consistent with the policies in sections 4.3 and 4.4 of the Amendment, the proposal is for townhouse units, which are a permitted built form. Consistent with the design guidelines of this policy section, the entrances to the proposed townhouses will front onto both John Street and Victoria Street. Homes fronting along both John Street and Victoria Street will create a stronger street presence to promote a more attractive streetscape and to create a comfortable pedestrian environment, which will facilitate linkages to the Town s pedestrian network. The bulk and mass of the proposed townhouses will fit into the context of the surrounding neighbourhood. There are townhouses proposed in the area, and there are also existing townhouses in the area (481 Victoria Street). The proposal will therefore fit in and be compatible with existing and proposed development. The property is proposed to be landscaped appropriately, minimizing the impact of increased density on the site. Recognizing that neighbourhoods are stable but not static, section 4.6 of the Amendment contains policies on land use compatibility applying to new development within the Built-up Areas of the Town. The policies relating to the subject proposal state that intensification should: be consistent with existing and planned densities of the surrounding neighbourhood; be consistent with existing and planned height and massing of neighbouring buildings; ensure an effective transition in built form to act as a buffer between existing uses and the proposed use; be compatible with the established character of the area, including lot frontages, setbacks, parking and privacy, among others. Consistency: Amendment No. 43 identifies many intensification parcels within Old Town, particularly along John, Anne and King Streets. The townhouses at 481 Victoria Street (Châteaux Georgian development) represent an example of the type of infill and redevelopment that is happening within the neighbourhood. There are also many other townhouse developments that have been recently developed, or are approved developments in the area. These sites are typically characterized by relatively large townhouses, with frontages generally ranging between 9 metres (30 ft.) and 11 metres (40 ft.). Typical urban townhouses today generally range between 6 and 7.5 metres (20 to 25 ft.), which can result in higher densities (50-60 units per net hectare, depending on the site). It is important to note that the majority of the townhouse projects in Old Town are on private roads. The land under the private roads is included in the net density calculation. If the areas of the private roads were excluded to April

36 be comparable to the subject site, most of the site densities would be well in excess of 30 units per net hectare. These are all indicators that the neighbourhood is an intensifying area with increasing density, heights and massing. This is addressed in further detail in the following section of this report. The established character of the neighbourhood is quite diverse and becoming more diverse with the identified intensification areas and already redeveloped properties in the area. The proposed development for the subject lands will enhance the look of the lands and improve the streetscape along this portion of Victoria Street and John Street. April

37 4 DETAILED SITE AND AREA ANALYSIS As noted throughout this report, the subject proposal is for the development of eight (8) townhouse units on the subject lands, which are within the Established Residential designation. Medium density residential development, which includes townhouses, is permitted within the Established Residential designation. A zoning by-law amendment is proposed to permit the proposed development. General Residential Policy 4 in Section 9.3 of the Town s Official Plan establishes the maximum density for medium density residential developments not to exceed 12 units per acre (30 units per hectare). However, this section of the Official Plan also states that additional density may be permitted within the Established Residential designation, subject to a detailed site and area analysis that demonstrates that there will be minimal impact on surrounding neighbourhoods and development. As the proposed development is at a density of 33.5 units per net hectare, a detailed site and area analysis is provided within this section. 4.1 AREA AND DENSITY CHARACTERISTICS In order to conduct a site and area analysis, it is first important to understand the area and density characteristics of the neighbourhood. The Established Residential designation permits low density residential uses, such as single detached, semi-detached and duplex dwellings. Medium density residential uses are also permitted, subject to the relevant policies of Section 9, a site specific amendment to the Zoning By-law and provided that the development does not significantly impact on heritage resources or result in the removal or demolition of buildings of historic or architectural significance. The residential density is a net density, which according to the Official Plan excludes public and private roads and lands dedicated for parkland purposes. For the subject lands, the net area of the property is hectares. Table 1 shows the unit density on built and approved sites in Old Town. Figure 10 shows the location of these developments in relation to the subject site. April

38 Figure 10 Recently Constructed and Approved Medium Density Developments Bayberry Lane 24 Towns 21.2 uph 481 Victoria 10 Towns 29.4 uph Averton Square 100 Apartments uph 20 Singles 26.3 uph (Revised to 20 singles and 22 towns) SUBJECT LANDS Boatworks 22 Singles 19.1 uph 19 Towns 37.3 uph 30-unit Apartment Building 71.4 uph Copperfield 14 Towns 28.6 uph The Windsor 125 Apartments 71.4 uph (Revised proposal being submitted for towns) Shaws Lane 28 Towns 26.7 uph Evergreen Estates 18 Towns 29.0 uph Kingsview 24 Towns & 1 Single 22.7 uph

39 Table 1: Density on Built and Approved Townhouse and Apartment Sites Development Designation Status Unit%Type Max.%Permitted% #% Net%Density% Net%Density% Units (uph)% (uph) Copperfield Established% Residential Built Towns 14% % 481%Victoria Established% Residential Built Towns 10% % Bayberry Low%Density Built Towns 24% % Kingsview Low%Density Built Towns 25% % Shaws%Lane Medium% Density Built Towns 28% % Evergreen% Medium% Estates Density Unbuilt Towns 18% 30% 29.0% Boatworks% Subdivision Boatwords% Subdivision% Lancer%Origin% (Averton% Square)% The%Windsor% Exception% Residential% 6 Exception% Residential% 6 % Exception% Residential% 7 % Medium% Density% Residential% Unbuilt Towns% 19% Unbuilt% Apartments% 30% `% 71.4% Unbuilt% Apartments% 100% `% 142.9% Unbuilt% Apartments% 125% 30% 71.4% Many of the townhouse sites in the table above are characterized by relatively large townhouses, with frontages generally ranging between 9 metres (30 ft.) and 11 metres (40 ft.). Typical urban townhouses today generally range between 6 and 7.5 metres (20 to 25 ft.), which would result in higher densities (50-60 units per net hectare). The Boatworks townhouse component is illustrative of that situation where the frontages are a minimum of 7.62 metres and the development is at a density of 37.3 units per net hectare. The other difference from the table above is that the majority of the townhouse projects are on private roads. The land under the private roads is included in the net density calculation. If the areas of the private roads were excluded to be comparable to the subject site, most of the site densities would be well in excess of 30 uph net. Other sites listed in Table 1 have apartment units. These developments are important to illustrate the point that much higher densities have been permitted and have been determined to fit into the character of the area. The Lancer- Origin development (formerly St. Vincent de Paul school and also referred to as the Averton Square Development in Table 1), located across the street from the subject lands, was approved to permit a 100-unit apartment building and 20 April

40 single detached dwellings. At this approved density, the site had an overall net density of 82.2 units per hectare. Despite this however, for market reasons the apartment building on this site has been changed to 22 townhouse units, yielding a density of 31.4 units per net hectare (including the laneway). A 30-unit apartment building is also proposed as part of the Boatworks development, which is located just east of the subject site. The proposed apartment on the Boatworks site will have a density of 71.4 units per net hectare and an overall site density of 34 units per hectare when the single detached and townhouse units are included (the townhouse portion of this subdivision is shown in Table 1 above). Recently, the nearby Windsor development on Anne Street was approved, which is a 4-storey apartment of 125 units, at a density of 71.4 units per net hectare, although for market reasons this site is also now proposed for townhouses. The density of the subject proposal is anticipated to be approximately 33.5 units per net hectare. This density, while higher than some of the other built and approved townhouse developments, is appropriate given the context of the surrounding area and the compatibility of the proposed development with built and proposed townhouses in the area. 4.2 SITE AND AREA ANALYIS The Official Plan does not provide any specific parameters for conducting a detailed site and area analysis. In addition to understanding the density characteristics of the area, it is equally important to understand the relationship of the proposed development to abutting properties in terms of potential impacts from setbacks, height and shadowing. Setbacks and Relationship to Abutting Properties In our opinion, the proposed density and built form of the townhouses maintains the low-rise character of the Town and is comparable with that of other medium density developments within the Town. The layout and orientation of the proposed lots takes full advantage of the street frontage on both Victoria and John Streets, contributing to an attractive streetscape and prominent building façades along both streets rather than just one. The single car driveways for the 4 proposed lots along Victoria Street and 4 proposed lots along John Street will be paired where possible to maximize the amount of continuous landscape open space along the street. The orientation of the proposed lots and siting of the proposed dwellings will fit into the surrounding neighbourhood context and be compatible with existing built form. April

41 Further, appropriate building setbacks and landscaping is proposed to buffer the adjacent properties from the proposed development. The proposed development simply continues the pattern of lots, providing frontage on both streets. There is no impact of the development proposal on lands across John and Victoria Streets. Appropriate front yard setbacks will be provided, in line with RM1 zone standards, and the proposed townhouses will frame the street so that the development is compatible with the established residential to the north, east and south, and the newly developed homes to the west. Height and Shadowing The proposed townhouses will not generate any height or shadowing impacts on neighbouring properties. The proposed bungalow townhouses will be less than the maximum permitted height in the RM1 zone. As noted earlier, there is adequate separation distances from adjacent dwellings. The proposed height is not out of keeping with heights of typical townhouses, and shadowing impacts associated with the towns are not of concern, particularly due to the fact that they are bungalows. This further contributes to the compatibility of the proposal with neighbouring residential uses. 4.3 URBAN DESIGN Design Goals and Objectives A variety of Goals and Objectives are proposed for the development of the subject lands, which reflects the current and best principles of Urban Design and the Town s vision for its built environment. Design goals consist of: promoting a pedestrian scaled environment; proposing built form that is sensitive in scale with the surrounding community; connecting to the existing public realm; strengthening the urban development pattern; siting and massing the buildings to strengthen the streetscape; orienting building entrances to the street; and promoting façade articulation and architectural detail. The proposed development concept has been designed to strike a balance between respecting the existing neighbourhood character and the Town s need to accommodate intensification. April

42 Site Design The site plan has been designed to reinforce the streetscape and promote a pedestrian scaled environment. Two blocks of townhouses have been situated on the site so as to front onto John Street West and Victoria Street, with 4 dwellings fronting onto each street. A total of eight (8) residential units are proposed - each with an integral garage to house one car, and a driveway long enough to park a second car. Built Form, Massing and Building Articulation The development concept proposes that part of the front façade project in front of the garage and that a porch project in front of that building mass. This will contribute to an attractive, pedestrian scaled streetscape, sensitive to the existing character of the area. Front porches encourage interaction with passing neighbours. The projecting building mass visually diminishes and screens the garage while the porch reduces the scale of the projecting building mass. A variety of roof slopes is proposed to generate visual interest. Gables and dormers elements will be added to give relief to the roof plane. Architectural Treatment The detailing of the front elevation of the townhouses will provide interest. Elements such as bay windows, porches, dormers, and a variety of building materials such as brick, stone and siding is proposed to provide many elevations with their own identity (a heritage inspired aesthetic). Where side elevations are exposed to streets, they will be detailed to match their front elevations. Garage doors of a higher visual design should also be incorporated. Sustainability The proposed development will incorporate a variety of sustainable features in terms of built form and landscape treatment. The homes will be built to the energy standards of the new edition of the Ontario Building Code. Some elements to reduce the carbon footprint of the homes may include: low flow toilets; low flow taps and shower heads; energy star appliances; high efficiency combination water and space heating systems; April

43 energy star fans; energy star rated windows and doors; electronic ignition gas fire places; forest Stewardship Certified (FSC) wood; photo voltaic ready wiring; and rough-in for electric vehicle recharging. Sustainable landscaping features and practices could include: native species only for planting materials; drought tolerant species; permeable pavers; smart irrigation systems; rain barrels; and passive design tree shading. 4.4 SITE AND AREA ANALYSIS CONCLUSION The above analysis demonstrates that the proposed townhouse development is in keeping with the evolving housing character of the surrounding area and the housing density is comparable to other developments approved in the surrounding area. The proposed townhouses will be well screened from neighbouring properties and all site impacts can be mitigated such that the impact on adjacent houses will be minimal. April

44 5 CONCLUSION In summary, the proposed development and associated Zoning By-law Amendment and Draft Plan of Subdivision offer an excellent opportunity for minor intensification within the Old Town community. As the population of Niagara Region and Niagara-on-the-Lake ages, there is a clear increasing market demand for varied housing types, and ground-related housing is a desired type of housing. The development will not require any infrastructure improvements, and the Town s cultural attributes will not be impacted. Further, it has been demonstrated that the proposal is consistent with Provincial, Regional, and local policy. From a design perspective, the proposed townhouses are intended to be an attractive addition to the Town s building stock, well situated close to transit and community amenities, and compatible with the existing built form of the surrounding homes. April

45 APPENDIX A DRAFT THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE BY-LAW No A BY-LAW TO AMEND B-LAW NO , AS AMENDED, ENTITLED A BY-LAW TO REGULATE THE USE OF LANDS AND THE ERECTION, USE, BULK, HEIGHT, LOCATION AND SPACING OF BUILDINGS AND STRUCTURES WITHIN THE TOWN OF NIAGARA-ON-THE-LAKE NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE ENEACTS AS FOLLOWS: Zone Schedules 1. Schedule A-2 of Zoning By-law , as amended, is further amendment by rezoning the subject lands from Established Residential (ER) Zone to Residential Multiple (RM1-XX) Site Specific Exception XX Zone. Site Specific Exceptions 2. Site Specific Exception Zone 7.14.XX is hereby added with the following special regulations: 7.14.XX Southeast Corner of John Street and Victoria Street See Schedule A-2 (RM1-XX) Notwithstanding the provisions of the Residential Multiple (RM1) Zone from Section 7 of the Zoning By-law, as well as the General Provisions from Section 6 of the Zoning By-law, the lands identified as (RM1-XX) on Schedule A-2, the following special provisions shall apply: 7.14.XX XX.2 The minimum lot frontage for a Townhouse or Row-house Dwelling shall be 7.5m (24.6 ft.) for interior units, and 7.5m (24.6 ft.) for exterior units. The maximum lot coverage for a Townhouse or Row-house Dwelling shall be 63%.

46 APPENDIX A 7.14.XX XX XX XX XX XX XX XX XX.11 The minimum interior side yard setback for a Townhouse or Row-house Dwelling shall be 1.2 m (3.9 ft.) for end units, and 0.0m (0.0 ft.) between the common walls of interior units. The minimum exterior side yard setback for a Townhouse or Row-house Dwelling shall be 3.0 m (9.8 ft.) for exterior units. The minimum rear yard setback for a Townhouse or Rowhouse Dwelling shall be 6.0 m (19.68 ft.). The minimum yards setback for accessory buildings shall be 0.0 m (0.0 ft.). The minimum side yard setback of uncovered, unenclosed or covered patio or deck form shall be 0.0 m (0.0 ft.). The minimum side yard setback for a covered porch shall be 0.0 m (0.0 ft.). A driveway shall be setback a minimum of 8.0 m (26.25 ft.) from an exterior property line and 0.0 m (0.0 ft.) from an interior property line. A box and bay window shall be permitted to encroach into a required yard by a maximum of 0.61 m (2.0 ft.). A covered porch shall be permitted to encroach into a required front yard by a maximum of 1.5 m, with stairs permitted to extend beyond the covered porch by an additional 0.5 m. If no notice of objection is filed with the Clerk within the time provided, this By-law shall come into force and take effect on the date of passing by the Council of the Corporation of the Town of Niagara-on-the-Lake in accordance with Section 34 of the Planning Act, R.S.O If a notice of objection is filed with the Clerk, this By-law shall become effective on the date of passing hereof subject to receiving the approval of the Ontario Municipal Board.

47 APPENDIX A READ A FIRST, SECOND AND THIRD TIME THIS DAY OF, LORD MAYOR PAT DARTE TOWN CLERK HOLLY DOWD

48 APPENDIX A Subject Lands to be rezoned from Established Residential (ER) Zone to Residential Multiple Special Exception (RM1-XX) Zone. SCHEDULE 1 ATTACHED TO BY-LAW , BEING AN AMENDMENT TO SCHEDULE A-2 OF ZONING BY-LAW , AS AMENDED, OF THE TOWN OF NIAGARA-ON-THE-LAKE, AS PASSED ON THIS DAY OF, LORD MAYOR PAT DARTE TOWN CLERK HOLLY DOWD