Planning Assessment Report 489-495 Victoria Street, Niagara-on-the-Lake June, 2015 Planning & Design Inc.
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TABLE OF CONTENTS 1! Introduction... 1! 1.1! Purpose... 1! 1.2! Location & Surrounding Area Context... 1! 2! 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! Archaeological Assessment... 5! 2.4.2! Servicing Study... 6! 2.4.3! Landscape Plan... 7! 2.4.4! Urban Design Brief... 7! 3! 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 (2006)... 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... 21! 3.6.1! Policy Overview... 21! 4! DETAILED SITE AND AREA ANALYSIS... 25! 4.1! Area and Density Characteristics... 25! 4.2! Site and Area Analyis... 27! 4.3! Site and Area Analysis Conclusion... 29! 5! Conclusion... 30! June 2015 i
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 Landscape Plan Figure 7 Proposed Front Elevations Figure 8 Greenbelt Plan Figure 9 Growth Plan Figure 10 Niagara Regional Policy Plan Figure 11 Amendment No. 43 to the Town of Niagara-on-the-Lake OP Figure 12 Recently Constructed and Approved Medium Density Developments Table 1 Surrounding Uses APPENDIX A Proposed Draft Zoning By-law Amendment June 2015 ii
1 INTRODUCTION 1.1 PURPOSE This Planning Assessment Report examines a proposal by Solmar (Niagara) Inc. for a Draft Plan of Subdivision and amendment to the Town of Niagara-on-the- Lake Comprehensive Zoning By-law (OMB approved August 2010) to permit the development of a nine (9) townhouse dwellings at 489-495 Victoria Street in the Old Town Community. Chapter 2 of this report provides a detailed description of the proposed development as well as a summary of the proposed amendment to the Zoning By-law. In addition to this Planning Assessment Report, the applicant is also submitting a draft zoning by-law amendment, a draft plan of subdivision, a landscaping plan, an urban design brief and an Archaeological Impact Study. An assessment of the applicable policy planning framework against which the proposed development must be evaluated is contained in Chapter 3 of this report. The policy documents reviewed include the Provincial Policy Statement (2014), the Growth Plan for the Greater Golden Horseshoe (2013), the Niagara Regional Official Plan, as well as the Town of Niagara-on-the-Lake Official Plan and Official Plan Amendment No. 43. Consistency of the proposal with the provisions of the Town s Comprehensive Zoning By-law is also assessed in this chapter. 1.2 LOCATION & SURROUNDING AREA CONTEXT The lands subject to the proposed development are located within the Niagara / Old Town urban area, as shown on Figure 1. Specifically, the property is located at the Northwest corner of Victoria Street and John Street, as shown on Figure 2. Also identified on Figure 2 are the land uses adjacent to the subject lands. The subject lands are currently occupied by two (2) single detached dwellings. Both Victoria Street and John Street are characterized primarily by an array of housing types and accommodation uses, including single-family homes, townhouses, bed and breakfast establishments, and the Pillar and Post Inn and Spa, which is located a block to the east between Regent Street and King Street. 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 June 2015 1
Figure 1 - Location Map Subject Lands: 489-495 Victoria Street
Figure 2 - Location Context and Surrounding Uses 481 Victoria Street Existing Châteaux Georgian development 477-479 Victoria Street Existing 2 semi detached dwellings 492 Victoria Street Existing 2 story dwelling Green Gables Cottage Averton Square Development 20 single detached dwelling and 100 apartment units 496 Victoria Street Existing 2 story dwelling Green Gables Cottage 135 John Street Vacant site, proposal of 4 townhouse dwellings Subject Lands: 489-495 Victoria Street
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 100 retirement apartment units in a 4- storey built form (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 481 Victoria Street Existing Châteaux Georgian development 10 townhouse units and 2 semi-detached dwellings with access off of a private laneway 477-479 Victoria Street 2 existing semi detached dwellings fronting onto Victoria St. East 492 Victoria Street Existing 2-storey dwelling, Green Gables Bed & Breakfast Inn 496 Victoria Street Existing 2-strey dwelling, Green Gables Cottage vacation rental property South Averton Square Development Site currently being developed for 20 single detached dwelling and 100 apartment units West 135 John Street Currently vacant site - proposed development for 4 townhouse dwellings June 2015 2
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 nine (9) separate lots to accommodate the construction of nine (9) townhouse units. Four (4) of the units will front and have access onto Victoria Street, and five (5) of the units will front and have access onto John Street. Each townhouse unit will be a minimum of 6-metres wide, with the end-units being a bit wider than the interior units. The proposed density of the subject lands is 43.5 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 5 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 the RM1 zone, which is the proposed zoning for the subject lots, as discussed later in this report. 2.2 OFFICIAL PLAN 2.2.1 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. June 2015 3
Figure 3 Proposed Draft Plan of Subdivision!
Figure 4 - Existing Official Plan Designation Subject Lands: 489-495 Victoria Street
The residential density policies of the Official Plan (Part 3, General Residential Policies, subsection 4) establish general density targets for residential 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 43.5 units per net hectare, a detailed site and area analysis is provided in Section 4 of this report. 2.3 ZONING BY-LAW 2.3.1 Existing Zoning Schedule A-1 of the Zoning By-law 4316-09 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. 2.3.2 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: Zone%Requirements% Required% Proposed% Min.%Lot%Frontage% 7.5m%(interior),% 6.0m%(interior),% 9.0m%(exterior)% 8.0m%(exterior)% Min.%Lot%Area% 195%sq.m.% 180%sq.m.% Max.%Lot%Coverage% 50%% 63%% Min.%Front%Yard%Setback% 6.0m% 4.5m%(except%to% garage,%6.0m)% Min.%Rear%Yard%Setback% 7.5m% 6.0m% Max.%Building%Height% 10.0m% 10.5m% Min.%Yards%Setback%for%Accessory%Buildings% 0.5m% 0.0m% 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)% June 2015 4
A%box%and%bay%window%can%encroach%into%a% required%yard%by:% A%covered%porch%can%encroach%into%a% required%front%yard%by:% 0.3m%(side% yard),%0.6m% (front%yard)% N/A%(however,% uncovered% porches%can% encroach%1.5m)% 0.61m% 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. 6.0-metre wide townhouses are typical for urban townhouses. Given the intensification policies in the Town s Official Plan, it is appropriate to consider denser built forms that compliment existing development. The proposed 2-storey townhouses are approximately 205 square metres (approximately 2,200 square feet) in size, an appropriate size for a dwelling that could accommodate a range of family sizes. Given the size of the proposed dwellings and a reduced lot width, 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. With regards to building height, the required maximum height of 10.5 metres reflects the provision of 9-foot ceilings. The new bungalows on the south side of John Street (120 John Street), are being constructed at a height of 8.53 metres, and that is for 1-storey dwellings. Given this, a maximum height of 10.5 metres is appropriate and fits the character of the neighbourhood. 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%. 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: 2.4.1 Archaeological Assessment A Stage 1 Archaeological Assessment was conducted by Archeoworks Inc. for the subject lands. The report describes in detail the historical context of the subject lands as well as the field methods employed to undertake the assessment. June 2015 5
Figure 5 - Existing Zoning Subject Lands: 489-495 Victoria Street Established Residential Zone
The Stage 1 archaeological assessment identified potential for the recovery of historic Aboriginal and Euro-Canadian archaeological remains within undisturbed portions of the study area. Archaeological potential was determined based on the close proximity of the site to a historic structure, historic transportation routes, listed cultural heritage resources and known archaeological sites. A Stage 2 archaeological assessment is recommended to confirm the existing conditions of the site, as well as to examine all undisturbed areas through a shovel test pit archaeological survey conducted at 5-metre intervals on the subject lands. 2.4.2 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, in particular the block of 5 townhouse units along John Street West, will require a sanitary sewer extension westward from Victoria Street. According to the study, the increase in sanitary flows from the proposed development and the proposed sanitary sewer extension will have negligible impact on the existing downstream sanitary sewers. 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 is scheduled to reconstruct the existing 150mm cast iron watermain along Victoria Street to a new 150mm PVC watermain. 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 John and Victoria Streets. These proposed grassed swales will not impact neighbouring properties to the north and west. Overall, site imperviousness will increase by 120% over existing conditions. According to the study, the combination of the proposed grassed swales and June 2015 6
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 southernmost proposed driveway along Victoria Street, located at approximately 8.5 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. 2.4.3 Landscape Plan A landscape plan for the subject lands has been prepared by Terraplan Landscape Architects, as shown in Figure 6. The plan shows the location of proposed plantings on the subject lands, as well as areas to be sodded and/or seeded. The subject lands will be appropriately and attractively landscaped. The street frontage along both John and Victoria Streets will be tree lined. The area between driveways will also be landscaped. A variety of sustainable built form and landscape treatment features are proposed for the development, such as planting native plant species and using permeable pavers, among others. 2.4.4 Urban Design Brief An Urban Design Brief, prepared by SRN Architects Inc, has been prepared and submitted in support of the subject proposal. The Urban Design Brief looks at the site from an urban design perspective, in terms of site design, built form and massing, building articulation, character, architectural treatment, lighting and sustainability. The report describes that the site has been designed to reinforce the streetscape and promote a pedestrian scaled environment. Approximately half of the front façade of each dwelling unit projects beyond the garage face of the townhouses, creating an articulated built form, which visually diminishes the prominence of the garage from the streetscape and adds an attractive character to the street. From an architectural point of view, a heritage inspired aesthetic look is proposed. The proposed elevations of the townhouses are shown in Figure 7. June 2015 7
Figure 6 Landscape Plan!
Figure 7 Proposed Front Elevations!
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 (2005), the Greenbelt Plan (2005), the Growth Plan for the Greater Golden Horseshoe (2006), the Niagara Regional Policy Plan and Policy Plan Amendment 2-2009, 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) 3.1.1 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: June 2015 8
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 1.1.3.1 & 1.1.3.2 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 1.1.3.4, 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 1.1.3.3; 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 June 2015 9
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 through the study by Archeoworks Inc., submitted with this application. 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]. Consistency: The subject lands do not present any such health or safety concerns. June 2015 10
3.2 GREENBELT PLAN (2005) 3.2.1 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 8. 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 3.4.2.5. 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) 3.3.1 Policy Overview With adoption of Places to Grow, Growth Plan for the Greater Golden Horseshoe in 2006, 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 transitsupportive 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 9. June 2015 11
Figure 8 - Greenbelt Plan Subject Lands: 489-495 Victoria Street
Figure 9 - Growth Plan Subject Lands: 489-495 Victoria Street
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 2.2.2 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 2.2.2 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 2-2009 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 2.2.1.1]. 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 June 2015 12
to address the requirements of the Growth Plan resulted in the adoption of Regional Policy Plan Amendment 2-2009 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 3.2.6.2]. 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 3.4.1 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 10), 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. June 2015 13
Figure 10 Niagara Regional Official Plan Regional Structure! Subject Lands: 489-495 Victoria Street
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 2031. 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. Conformity: June 2015 14
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 multiple-unit buildings such as that proposed. 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 3.5.1 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 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 43.5 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 2-storey townhouses. The immediately abutting development to the north is a June 2015 15
group of 2 storey townhouses. This type of 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 2 storey townhouse project is compatible with the surrounding land uses. To the north of the subject site is a two-storey townhouse development at 481 Victoria Street with semi-detached dwellings facing Victoria Street. To the south is a new development as discussed earlier in the report, which contains a combination of two storey single detached homes and an apartment building. To the east are two-storey single detached houses, some of which are occupied as bed and breakfast operations. 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: Along the length of the subject lands there is a private laneway providing access to the townhouses to the north of the subject site, along with a landscape buffer between the driveway and property line, and some visitor parking spaces. The townhouses at 481 Victoria Street are located on the north side of this private laneway, approximately 17 metres from the property line with the subject lands. There are also two semi-detached dwellings at 477 and 479 Victoria Street that were constructed along with the development at 481 Victoria Street. The separation distance between the northern property line and the south wall of 479 Victoria Street is approximately 15 metres. This separation distance, combined with the rear yard setbacks of the proposed dwellings fronting on John Street West, as well as the side yard setback of the northernmost proposed Townhouse on Victoria Street, result in a considerable buffer between the two developments. Specifically, the dwellings will be separated by approximately 23 metres between the rear of dwellings on John Street and the side walls of townhouses at 481 Victoria Street, and by 16.5 metres between the side walls of the northern most proposed townhouse on Victoria Street, and the south side wall of 479 Vicotria Street. June 2015 16
The proposed townhouses, at 10.5 metres in height, 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. 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 be the proposed development, the lands are planned to be landscaped extensively, ultimately with a greater number of trees than are currently present on subject lands. The landscape plan submitted in support of the subject applications shows the location of proposed trees. 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. June 2015 17
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 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. June 2015 18
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, other than a required sanitary sewer extension along John Street West, connecting to Victoria Street. 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. l) Provisions for landscaping and fencing: A landscape plan for the subject lands has been prepared by Terraplan Landscape Architects. The plan shows the location of proposed plantings on the subject lands, as well as areas to be sodded and/or seeded. The subject lands will be appropriately and attractively landscaped. The street frontage along both John and Victoria Streets will be tree lined. The area between driveways will also be landscaped. 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. June 2015 19
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. The Stage 1 archaeological assessment has identified the need for a Stage 2 archaeological assessment to be undertaken for a portion of the lands as a result of the finding of archaeological potential on the subject lands. A Stage 2 archaeological assessment is recommended for these lands prior to any development taking place. 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. 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 June 2015 20
that the impact on surrounding uses will be minimized, then additional density can be accommodated. The subject lands are approximately 0.207 hectares (0.512 acres) in size, resulting in a density of approximately 43.5 units per hectare (9 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 3.6.1 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 2-2009. Schedule I-1 of the Amendment shows the subject lands within the Builtup Area of Old Town, as shown on Figure 11. 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 2031. 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 June 2015 21
Figure 11 - Amendment No. 43 to the Town of Niagara-on-the-Lake OP Subject Lands: 489-495 Victoria Street
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. 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. Currently, along this block of John Street, there are no homes fronting on the 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 located directly to the north of the property (buffered with mature vegetation), and townhouses are proposed to the west of the subject lands. This vegetation is typical of the surrounding community. The property is proposed to be landscaped appropriately, minimizing the impact of increased density on the site. June 2015 22
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 would result in higher densities (50-60 units per net hectare). 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 be comparable to the subject site, most of the site densities would be well in excess of 30 units per net hectare. There are also two 4-storey residential apartment buildings in the neighbourhood. These apartment 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, is proposed to accommodate a 100-unit apartment building and 20 single detached dwellings. The site has an overall net density of 82.2 units per hectare including the single detached units, but the apartment building alone has a density of 143 units per hectare. A 30- unit apartment building is also proposed as part of the Boatworks development, which is located one block 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 June 2015 23
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. 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. As described earlier in this report, there is a transition between low density and medium density uses, with the townhouse development at 481 Victoria Street providing a buffer from the low density development located further north. Therefore, there is an appropriate transition from low to medium density residential uses. 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. In addition, the landscape buffer between the subject lands and the property to the north (481 Victoria Street) will help to maintain privacy. June 2015 24
4 DETAILED SITE AND AREA ANALYSIS As noted throughout this report, the subject proposal is for the development of 9 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 43.5 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 0.207 hectares. Table 1 shows the unit density on built and approved sites in Old Town. Figure 12 shows the location of these developments in relation to the subject site. June 2015 25
Figure 12 Recently Constructed and Approved Medium Density Developments Bayberry Lane 24 Towns 21.2 uph 481 Victoria 10 Towns 29.4 uph Lancer-Origin 100 Apartments 142.9 uph 20 Singles 26.3 uph SUBJECT LANDS Copperfield 14 Towns 28.6 uph Boatworks 22 Singles 19.1 uph 19 Towns 37.3 uph 30-unit Apartment Building 71.4 uph The Windsor 125 Apartments 71.4 uph Shaws Lane 28 Towns 26.7 uph Evergreen Estates 18 Towns 29.0 uph Kingsview 24 Towns & 1 Single 22.7 uph
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% 30 28.6% 481%Victoria Established% Residential Built Towns 10% 30 29.4% Bayberry Low%Density Built Towns 24% 30 21.2% Kingsview Low%Density Built Towns 25% 30 22.7% Shaws%Lane Medium% Density Built Towns 28% 30 26.7% 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% 30 37.3 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, is proposed to accommodate a 100-unit apartment building and 20 June 2015 26
single detached dwellings. The site has an overall net density of 82.2 units per hectare including the single detached units, but the apartment building alone has a density of 143 units per hectare. A 30-unit apartment building is also proposed as part of the Boatworks development, which is located one block 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. The density of the subject proposal is anticipated to be approximately 43.5 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. 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 5 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. This differs from many of the townhouse developments that are on private internal roads where townhouses do not front onto a public street. The proposed development will fit into the established streetscape better than these other developments on private lanes. Appropriate building setbacks and landscaping is proposed to buffer the existing neighbouring development to the north from the proposed development. June 2015 27
As noted previously, north of the subject lands is a development of two-storey townhouses at 481 Victoria Street. Along the length of the subject lands there is a private laneway providing access to these townhouses from Victoria Street, along with a landscape buffer between the driveway and property line, and some visitor parking spaces. The townhouses are located on the north side of this private laneway, approximately 17 metres from the property line with the subject lands. There are also two semi-detached dwellings at 477 and 479 Victoria Street that were constructed along with the development at 481 Victoria Street. The separation distance between the northern property line and the south wall of 479 Victoria Street, is approximately 15 metres. This separation distance, combined with the rear yard setbacks of the proposed dwellings fronting on John Street West, as well as the side yard setback of the northernmost proposed Townhouse on Victoria Street, result in a considerable buffer between the two developments. Specifically, the dwellings will be separated by approximately 23 metres between the rear of dwellings on John Street and the side walls of townhouses at 481 Victoria Street, and by 16.5 metres between the side walls of the northern most proposed townhouse on Victoria Street, and the south side wall of 479 Vicotria Street. As such, the potential impact on these neighbouring properties will be, in our opinion, non-existent. To the west of the subject lands is a vacant lot at 135 John Street West. Since there is currently no development on these lands, there is no impact associated with the proposal. Further, a side yard setback abutting this property that is greater than the minimum required for interior lots in the proposed RM1 zone is proposed. 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 east, and the newly developed homes to the south. Height and Shadowing The proposed townhouses, at 10.5 metres in height, will not generate any height or shadowing impacts on neighbouring properties. As noted earlier, there is a proposed separation distance of between 17 and 23 metres between the townhouses on the subject lands and nearest dwellings on the neighbouring property at 479 and 481 Victoria Street. 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. This further contributes to the compatibility of the proposal with neighbouring residential uses. June 2015 28
4.3 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. June 2015 29
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 other than a sewer extension along John Street, and the Town s cultural attributes will not be impacted. The Archaeological Assessment has recommended that further work (Stage 2 Assessment) be undertaken to ensure the protection of potential archaeological resources. 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. June 2015 30
APPENDIX A DRAFT THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE BY-LAW No. 4316- -15 A BY-LAW TO AMEND B-LAW NO. 4316-09, 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-1 of Zoning By-law 4316-09, 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 489-495 Victoria Street See Schedule A-1 (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-1, the following special provisions shall apply: 7.14.XX.1 7.14.XX.2 The minimum lot frontage for a Townhouse or Row-house Dwelling shall be 6.0m (19.68 ft.) for interior units, and 8.0m (26.24 ft.) for exterior units. The minimum lot area for lots containing a Townhouse or Row-house Dwelling shall be 180 m 2 (1,937 ft 2 ).
APPENDIX A 7.14.XX.3 7.14.XX.4 7.14.XX.5 7.14.XX.6 7.14.XX.7 7.14.XX.8 7.14.XX.9 7.14.XX.10 7.14.XX.11 7.14.XX.12 The maximum lot coverage for a Townhouse or Row-house Dwelling shall be 63%. The minimum front yard setback for a Townhouse or Rowhouse Dwelling shall be 4.5 m (9.84 ft.), except that the minimum front yard setback to the garage shall be 6.0 m (19.68 ft.). The minimum rear yard setback for a Townhouse or Rowhouse Dwelling shall be 6.0 m (19.68 ft.). The maximum building height for a Townhouse or Rowhouse Dwelling shall be 10.50 m (34.45 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 in a side yard. 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. 1990. 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.
APPENDIX A READ A FIRST, SECOND AND THIRD TIME THIS DAY OF, 2015. LORD MAYOR PAT DARTE TOWN CLERK HOLLY DOWD
Subject Lands to be rezoned from Established Residential (ER) Zone to Residential Multiple Special Exception (RM1-XX) Zone. APPENDIX A SCHEDULE 1 ATTACHED TO BY-LAW 4316- -12, BEING AN AMENDMENT TO SCHEDULE A-1 OF ZONING BY-LAW 4316-09, AS AMENDED, OF THE TOWN OF NIAGARA-ON-THE-LAKE, AS PASSED ON THIS DAY OF, 2015. LORD MAYOR PAT DARTE TOWN CLERK HOLLY DOWD