REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of Municipal Council Planning, Building & Development Official Plan Amendment No. 118 Grand Niagara Secondary Plan RECOMMENDATION That Council adopt the Grand Niagara Secondary Plan as it is consistent with the Provincial Policy Statement, complies with the Provincial Growth Plan and the Niagara Region Official Plan, subject to: 1. The 2 km Cytec Arc being extended west outside the plan area across lands owned by Rand Investments. 2. The zoning of the golf course being changed to a DH (Development Holding) zone. 3. The Amendment being forwarded to Niagara Region for approval. EXECUTIVE SUMMARY The Grand Niagara Secondary Plan Area, as shown on the map, is approximately 330ha (815 ac.) in area and extends south of the Welland River to Biggar Road and west from the QEW to the urban boundary at Grand Niagara Drive (formerly Crowland Avenue). Official Plan Amendment No. 118, the Grand Niagara Secondary Plan provides a detailed policy framework for the development within the Plan Area, and more specifically for the conversion of the golf course lands owned by Rand Investments. At build out the Secondary Plan will provide for: 3,500 to 4,300 people 1,350 to 1,800 dwelling units 3,600 jobs A Public Meeting was held on July 11, 2017 to obtain public comments. The concerns raised by the public have been addressed and are detailed in this report.
2 Staff is recommending adoption of the Secondary Plan subject to the 2km Cytec arc being extended west over lands outside the urban boundary owned by Rand Investments and a DH zoning being applied to the golf course lands. The landowner is in agreement with both conditions. BACKGROUND Rand Investments (Rand) began consultation with City staff and agencies in 2015 on the process of redeveloping the Grand Niagara Golf Course. Rand are the owners of the existing Grand Niagara Golf Course. Staff directed that a secondary plan be undertaken for the larger area shown on page 1 which includes vacant lands, several existing uses (residential, ES Fox, Minacs, for example) as well as the lands for the proposed South Niagara Hospital. The Grand Niagara Secondary Plan Area is approximately 330ha. It should be noted that while the hospital lands are included in the Plan Area, the planning for the hospital is following its own provincially-lead planning process. The golf course lands are currently designated Open Space and Environmental Protection Area in the Official Plan. Special Policy Area #69 provides specific policy direction for development of the golf course and associated residential and accommodation uses. The balance of the lands beyond the golf course are designated Industrial, Tourist Commercial, Environmental Protection Area and Environmental Conservation Area. The Land Use Plan, Schedule A-4, is attached as Appendix 4. Overview of the Secondary Plan Official Plan Amendment No. 118, the Grand Niagara Secondary Plan, provides a detailed policy framework for the development within the Plan Area, and more specifically for the conversion of the golf course lands owned by Rand Investments. At build out the Secondary Plan will provide for: 3,500 to 4,300 people 1,350 to 1,800 dwelling units 3,600 jobs Build-out is anticipated in a 10- to 15-year timeframe. Details of the amendment and its compliance with Provincial, Regional and City policy documents follows in this report. Supporting Studies and Reports Submissions An extensive number of studies and reports were submitted in support of the Secondary Plan. Draft Secondary Plan Environmental Impact Study (including an Ecological Restoration Plan); Responses to comments memorandum Traffic Impact Study Stormwater Management Study
3 Servicing Report EA requirements memorandum Public Consultation The Secondary Plan has undergone extensive public consultation three open houses were held and separate meetings have been held with landowners and stakeholders regarding various issues. Comments received at the Public Meeting A Statutory Public Meeting was held on July 11, 2017 to receive public input. Several submissions were made the nature of the submissions and their resolution are detailed in Appendix 1. The issues and their resolution are summarized below. George Stewart/Peter Wilk Both reside on Biggar Road and raised concerns about the extension of urban services to their lands. The matter was resolved through the inclusion of an appendix to the Official Plan which will illustrate that their lands (as well as a third residence) will be serviced from within the Plan Area to the north as the golf course re-develops. Rose Aurora A resident of Grassybrook Road, Mrs. Aurora had questions about future development of her lands currently as compared to their potential if included in the Secondary Plan. Mrs. Aurora has chosen to be included in the Secondary Plan as her lands would be constrained by the current Open Space designation in isolation of the surrounding lands which will be designated Residential. Sebastian Felato The owner s lands are located on the south side of Lyon s Creek Road, bordered by Willowdell Road and the QEW. Mr. Felato had questions about future development of his lands currently as compared to their potential if included in the Secondary Plan. Mr. Felato has chosen to remain outside the Plan Area. Natural Heritage As noted in Appendix 1, natural heritage issues were discussed with those concerned at a meeting in September, 2017. Subsequently, an explanatory letter was submitted by Savanta, Rand s ecological consultant that further addressed these issues. The Savanta letter, as well as the Ecological Restoration Plan, is attached to this report (see Appendix 2 and 3, respectively). Compensation any features that will be removed are non-significant and will be undertaken through an agreement with the City. On-site and off-site rehabilitation is part of the Ecological Restoration Plan. Unevaluated Wetlands Rand s ecological consultant had discussions with the MNRF no issues were raised by MNRF. Establishing connections between features the Ecological Restoration Plan provides for wildlife crossings.
4 Presence of old growth forest A review of the woodlands by the ecological consultant revealed that none of the woodland have old growth forest characteristics. Cytec/Solway Distance Separation Rand has engaged Cytec/Solway in discussions to reduce the distance separation from the Cytec/Solway operation. Rand s position was that the 2km arc from the phosphine tanks used elsewhere in the Official Plan for sensitive land uses should apply to these lands for consistency and fairness rather than 1.09km from the intersection of Garner and Chippawa Creek Roads. Resolution has been attained in the following manner: Cytec/Solway has agreed a 2km arc measured from phosphine tanks will be utilized instead of the current 1.09 km arc. The 2 km arc will be shown on Schedules A and A-4 to the Official Plan. Lands within 200m of the 2km arc may only be developed for detached dwellings and limited in height to 2 ½ storeys. The 2km arc is to be extended west over lands outside of the Plan Area but on lands owned by Rand. That notice is to be included in any subdivision or condominium agreement or purchase and sale agreement warning of the proximity of heavy industrial uses. Notices for any future Planning Act applications in the Plan Area are to be sent to Cytec/Solway. Assessment of Comments Regarding natural heritage, further detailed EIS s will be required as part of future applications for zoning by-law amendments and draft plan approval. The natural heritage restoration and enhancement strategy that was part of the Secondary Plan EIS will require that an agreement be entered into between the City and Rand. The agreement will detail matters such as the type of works, the timing relative to removal of the existing feature and development phasing. Performance measures will be established for the rehabilitation and enhancement lands. A Letter of Credit will be required to be submitted by Rand prior to the initiation of any rehabilitation works as a guarantee. With respect to the Cytec/Solway, the comments noted above have been included in the amendment and will be included within future implementing zoning by-laws and subdivision agreements. The inclusion of the 2km arc over the Plan Area is shown on the attached Schedule A-4 (Appendix 4). It is also recommended that Schedule A be amended to include the 2km arc over lands owned by Rand that lie to the west of the Plan Area that area also outside the urban boundary but have an approval for a golf course development (Appendix 5). The Amendment The Grand Niagara Secondary Plan, Official Plan Amendment No. 118 is a comprehensive plan that will provide a detailed policy framework for development. The Plan Area is a future growth area, as identified in Schedule B to the Official Plan and it
5 is anticipated that build-out will occur within a 10- to 15-year period. The Plan Area is comprised of Greenfield and Built-Up Area lands and is to be developed as a complete community. Complete communities are areas that are developed with densities that support public transit, offer opportunities and support people of all ages; provide a variety of housing and a mix of employment and commercial uses. The Secondary Plan achieves the goal of a complete community in the following manner: Residential Lands the majority of the existing golf course lands will be designated for low to medium residential uses that include detached and semidetached houses as well as street, block and stacked townhouses. These lands should yield approximately 1,100 to 1,400 dwelling units. While the Plan Area is comprised of Built-Up and Greenfield lands, it is designed to meet the Greenfield density target of at least 53 people and jobs per hectare. Housing the Secondary Plan contains policies on the provision of affordable housing as well as permitting a variety of housing types and lot sizes in the Low to Medium Residential designation. Apartment buildings as well as mixed commercial/residential uses are permitted in the Mixed Use designation which provide for further diversity in housing types. Ancillary Uses Parkland and elementary school sites are integrated into the Residential lands and at walkable distances, thus lessening the use of private vehicles. Mixed Use located along Biggar and Montrose Roads, lands under the Mixed Use designation are intended to provide opportunities for commercial and service commercial uses as well as residential in either single-use or multi-use buildings. The Mixed Use areas will also benefit from the proximity to the hospital site providing opportunities for spin-off uses. The Mixed Use lands are anticipated to accommodate approximately 475 to 710 people and 780 jobs. Natural Heritage natural heritage features include Provincially Significant wetlands, woodlands and valleylands as well as significant wildlife habitat. Buffer lands are included in the EPA and ECA designations. Development except for conservation uses is not permitted. Lands within the Cytec Arc a small portion of the Plan Area lies within the Cytec Arc. These lands are to be dedicated to the City, over and above and 5% dedication for parkland required by the Planning Act. Employment lands designated Employment are intended to provide a wide range of uses including manufacturing, research facilities, laboratories and offices. Hospital Employment Campus includes the proposed South Niagara hospital lands and those adjacent and is intended to provide for a mix of uses (employment, commercial, institutional) that will support the proposed hospital. Staff has reviewed Official Plan Amendment No. 118, the Grand Niagara Secondary Plan, for compliance with the Official Plan. The amendment complies with policies respecting secondary planning. Part 4, section 3 states:
6 3.1 Council may require that a secondary plan be prepared prior to the undertaking of any major development, redevelopment, or where any major proposal will have the potential effect of substantially altering the pattern of land use in an area. The golf course itself is a prime redevelopment opportunity that capitalizes on current and planned infrastructure. The Plan Area will undergo substantial changes in the pattern of land use, and the Secondary Plan will provide the policy framework for this development. Part 4, section 3 states further, that the following are to be detailed within a secondary plan: o Overall population capacity related to road and service infrastructure the Plan Area is designed for a population of 3,500 to 4,300 people. Assessment of the current road system has to factor in the proposed hospital as well as the Riverfront Community Plan. Upgrades to the road network will be required at various phases of development. Servicing can be accommodated through the Grassybrook Pumping Station, which may require upgrades when the hospital is factored in. o Location of major engineering facilities as noted above, the Grassybrook Pumping Station is a major component of the sanitary system. Ultimately sanitary flows are conveyed to the High Lift Pumping Station. The Secondary Plan contains policies that require the sanitary system to be designed in accordance with the South Niagara Falls Servicing Strategy. o Location of residential densities the Land Use Plan, Schedule A-4 (Appendix 4) illustrates the location of the residential lands as well as the Mixed Use land which also provide housing. o Needs of the residential community the Plan Area is designed as a complete community which provides for the needs of the community in terms of services, parkland, schools and other ancillary uses. o Road network the arterial and collector road system is illustrated on Schedule A-4. o Environmental constraints as noted above, an EIS and accompanying Ecological Restoration Plan, were submitted by Rand which provided an assessment of the natural heritage system. All significant features are to be protected and appropriately designated in accordance with the City Natural Heritage policies. Compensation will be only be undertaken on nonsignificant features pursuant to any Work Permits required by the NPCA and a Resource Management Agreement with the City. The Official Plan s Strategic Policy Direction objectives call for the efficient use of existing urban land and infrastructure, to meet an intensification target of 40% annually, and to meet Greenfield densities of 53 people and jobs per hectare. The Secondary Plan fulfils these objectives. The Grand Niagara Secondary Plan Area is a future growth area in the City as identified on Schedule B.
7 In addition, the amendment is complies with Schedule A-2, the Urban Structure Plan, by maintaining employment lands that are identified as the QEW employment Corridor. Official Plan Amendment No. 118 will remove the current Open Space designation on the golf course lands as well as Special Policy Area No. 34 and replace them with the Grand Niagara Secondary Plan. The amendment will designate the golf course lands Residential and a portion of the lands along the north side of Biggar Road as well as an area along the west side of Montrose Road, Minor Commercial, coinciding with the Mixed Use designation in the Secondary Plan. Natural heritage lands will be designated Environmental Protection Area or Environmental Conservation Area depending on the feature. All other designations on Schedule A within the Plan Area Industrial, Tourist Commercial, EPA and ECA will remain unchanged. Accordingly, Official Plan Amendment No. 118 complies with the Official Plan. Provincial Policy and Niagara Region Official Plan Consistency/Conformity Council is obligated to ensure compliance with Provincial and upper tier planning documents. The policy framework established in the Secondary Plan is consistent with the Provincial Policy Statement (PPS) and is in compliance with the Provincial Growth Plan and the Niagara Region Official Plan. 1. Provincial Policy Statement The Secondary Plan is consistent with the PPs in the following manner: - It is a logical extension of growth and development and makes efficient use of urban land; - The Plan Area contains a mix of uses, housing types and residential densities; - Existing and planned infrastructure is utilized; - Employment lands are protected and employment opportunities created; - The plan Area will be developed in a manner that is transit-supportive; and - No development or site alteration is permitted on PSW s or other natural features of provincial significance. 2. Provincial Growth Plan the Secondary Plan complies with the Growth Plan in the following manner: - The Plan Area includes lands that are identified as Greenfield and Built-Up Area; - The redevelopment of the golf course lands in the Built-Up Area is considered intensification and an efficient re-use of developed urban lands; - Redevelopment of the golf course lands will contribute to the attainment of the 40% intensification target the City has to achieve;
8 - Greenfield lands will be developed at a density that meets the Growth Plan targets; - Employment lands are protected for future development; - The Plan Area will be a complete community with a variety of uses and densities; and - A variety of housing densities will assist in the provision of affordable housing. 3. Niagara Region Official Plan the Secondary Plan complies with the Niagara Region Official Plan in the following manner: - The Secondary Plan provides for the redevelopment and intensification of lands within the Built-Up Area and will contribute the City and Region meeting intensification targets; - The Secondary Plan protects and maintains to a great extent, Gateway Employment Lands. While some lands will be designated Mixed Use in the Secondary Plan which allows for some residential development, employment uses are also permitted thereby maintaining the employment aspect of these lands; and - As the majority of the Secondary Plan is located within the Built-Up Area and meets Provincial and Regional policy, approval authority has been delegated to the City. Implementation Primarily, the Secondary Plan will be implemented through Planning Act applications from land owners, through such means as zoning by-law amendments and plans of subdivision or condominium. Staff is recommending a DH (Development Holding) zone be applied to the golf course lands so as to replace the current golf course development zoning which would be out of conformity with the Secondary Plan. Rand has no objection to this recommendation. Improvements to the existing road network and to existing infrastructure may have to be undertaken through an Environmental Assessment process, depending on the type and extent of work being proposed. CONCLUSION Staff is recommending adoption of Official Plan Amendment No. 118, the Grand Niagara Secondary Plan. The Secondary Plan will establish a detailed set of policies that will guide the development and redevelopment of the Plan Area over the next 10 to 15 years. The by-law for adoption is on Council s agenda. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Grand Niagara Secondary Plan sets the stage for further development, redevelopment and investment in the Plan Area resulting in increased assessment revenue.
9 LIST OF ATTACHMENTS Appendix 1 Comments Table Appendix 2 October 27, 2017 letter from Savanta Appendix 3 Ecological Restoration Plan Appendix 4 Schedule A-4 Appendix 5 Extension of Cytec Arc Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer J.Barnsley:rm Attach. S:\PDR\2018\, OPA No. 118, Grand Niagara Secondary Plan final.docx
10 APPENDIX 1 Issue Comment Source Response Natural Heritage (see Compensation or John Bacher, Jean Ecological consultant further discussion in Biodiversity Offsetting Grandoni has prepared an the report). Ecological Restoration Plan. A map showing the removal of nonsignificant features and the on-site and off-site rehabilitation and enhancement of features will be an appendix to the Official Plan. Removal of portions of As above. Woodland (FOD7-9) is Woodland not considered significant. Infested with Emerald Ash Borer. On-site and off-site rehabilitation is part of the Ecological Restoration Plan. Application of OWES As above, Niagara Falls Wetlands that are with respect to Nature Club (NFNC) proposed for removal unevaluated wetlands are not significant. The developer s consultant has received verbal Cytec separation distances (see further discussion the report) Lack of hydrogeological study Significant woodlands should have 30m buffers Establishing connections between features Presence of old growth forest Maintenance of the 1.09km arc Jean Grandoni Jean Grandoni, John Bacher, NFNC approval from MNRF. As wetlands are fed by surface run-off and not groundwater, a hydrogeological study was unnecessary. 10m buffers are required under policy. NFNC, John Bacher The Ecological Restoration Plan provides for wildlife crossings. John Bacher A review of the woodlands by the ecological consultant revealed that none of the woodlands have old growth forest characteristics. Cytec/Solway Rand has met with Cytec/Solway on the matter of distance separation. A 2km arc measured has been agreed upon subject to certain conditions. See
11 George Stewart and Peter Wilk Rose Aurora Extension of services along Biggar Road That a single detached dwelling can be built on Stewart s 3ac parcel Want to maintain the Mixed Use designation Questions about further use of her property full discussion below. George Stewart and An appendix to the Peter Wilk Official Plan will be added to illustrate that lands along the north side of Biggar Road can be serviced internally from the Plan Area. As above Zoning permits a detached dwelling. As above The Mixed Use designation will be applied to the lands along Biggar Road west of the lands associated with the hospital. Rose Aurora Staff met with Mrs. Aurora and explained the current OP and zoning permissions and what would be permitted under the Secondary Plan. Mrs. Aurora agreed to have her lands included in the Plan Area. Indigenous Consultation Sebastian Falato Has Indigenous Consultation been undertaken Why wasn t his property included in the secondary plan? Karl Dockstader Sebastian Falato Notices were circulated to the Six Nations, the Haudenosaunee Development Institute, the Mississaugas of the New Credit and the Metis Nation of Ontario. Information was also sent on request. Staff met with Mr. Felato and explained the current OP and zoning permissions and what would be permitted under the Secondary Plan. Mr. Felato has decided not to have his lands included in the Plan Area.