1.2 The Development Agreement for the subject lands in Queenston, a condition of Consent Application B-10/13 be approved and forwarded to the Owner for signatures and upon return be forwarded to Council for approval.
1.3 The proposed Zoning By-law Amendment is consistent with the Provincial Policy Statement, the Growth Plan, the Regional Policy Plan and the Town Official Plan.
The proposed ZBA is attached as Appendix A to this report. Text of the ER1 and RD Zones, as it would read if the amendment were approved, is attached as Appendix E.
Figure 1: Subject Property 3. BACKGROUND Laura Secord School closed in 2010 and was declared surplus in 2011. Willowbank School of Restoration Arts then purchased the property for additional space for school use. A consent application received conditional approval in April 2013, (B-10/13) to create Part 1. The land directly north of the subject properties was sold to the Town for park use, and was finalised in January 2014. The sale of the land and the creation of Part 1, will create the additional part, Part 2, subject to the approval of this Zoning Amendment and finalisation of the consent.
Figure 2: Former Laura Secord School
Site Description & Surrounding Land Use
The Village of Queenston is located in the southeastern corner of Niagara-on-the-Lake, abutting the Niagara River, which is to the east. South of Queenston is Queenston Heights Park and Provincial Highway 406. The community is mostly residential, with large lots containing single detached dwellings. There are several institutional uses including Willowbank School of Restoration Arts and the Mackenzie Printery. A few Village Commercial properties are interspersed within the community as well. The community is mostly developed, with only infill opportunities remaining.
The subject property is located in the centre of the Village of Queenston. There are residential uses on the north, east and south sides of the property, with village commercial properties adjacent to the property to the west, across Queenston Street.
Policy Documents
The subject application was reviewed with regard to the Provincial Policy Statement, the Growth Plan and the Regional Policy Plan. These policy documents promote new development which is planned, designated, zoned and designed in a manner that contributes to creating complete communities that meet people's daily needs by providing convenient access to a mix of jobs, local services, a range of housing opportunities and efficient community infrastructure.
The subject application is consistent with relevant Provincial and Regional policy documents. For a summary of comments regarding conformity of this application with the Provincial Policy Statement, please refer to Appendix B.
Official Plan & Queenston Secondary Plan
The Official Plan designates Part 1, the park, the school site, and half of Part 2 as Open Space and Community Facility. The remainder of Part 2 is designated Established Residential.
The Open Space and Community Facilities designation is important to a community, as it may provide public areas to residents. Land has been dedicated as parkland which meets the intent of the designation. Parts 1 and 2 are proposed for residential use. Lands designated Open Space and Community Facilities may be re-developed for Low Density Residential Use, subject to a zoning by-law amendment. Therefore, Parts 1 and 2 maintain their Official Plan designations, through the subject Zoning By-Law Amendment.
The southern portion of Part 2 is designated as Established Residential. This designation supports appropriate residential development.
Queenston Secondary Plan outlines the path of future development in Queenston. The School site is identified as a Special Policy Area. The secondary plan identifies the property as “a focal gathering place within the heart of this Village community”. The Plan also notes that the site has the potential to become a stronger focal point through further development. This has been ensured through the Town securing land as Parkland. The proposal for a single detached dwelling on Part 1 and future residential development on Part 2 maintains the intent of the Secondary Plan Policies.
Figure 3: Official Plan Designations
Zoning By-law
Zoning By-law 4316-09 regulates the subject properties. Parts 1 and 2 are zoned Institutional (I). The land north of the subject property will remain Institutional, as the property fronting onto Walnut Street will be used by Willowbank School of Restoration Arts, and the interior parcel will be used as parkland, which is a permitted use under the Institutional zone. Parts 1 & 2 are being proposed for residential use, and as such require a zoning by-law amendment.
Part 1 is proposed to be zoned from Institutional (I) to Established Residential (ER1). This is a condition of consent application B-10/13. The ER1 zone allows for Single Detached Dwellings. Part 1 is a typical lot size for the ER1 zone in Queenston.
Part 2 is proposed to be zoned from Institutional (I) to Residential Development (RD). This is a condition of consent application B-10/13. The RD zone is a development zone intending that the lands so zoned shall be developed for residential purposes at a subsequent date. The appropriate zone category shall be established through a Zoning By-Law Amendment. Part 2 will require a subsequent ZBA before any development can occur on the property. The applicant has held meetings with the residents of Queenston, proposing designs for the buildings on Parts 1 and 2. Townhouses have been a use proposed at these meetings for Part 2. The appropriateness of any proposal will be considered when an application is received to rezone the lands from Residential Development (RD) to a residential zone that the applicant proposes.
Figure 4: Zoning on entire School Site
Heritage
No adverse comments were received with respect to heritage. A Stage 1 and 2 Archaeological Study was completed. The Study was subsequently cleared by the Ministry of Culture, Tourism, and Sport in June 2012.
Regional Municipality of Niagara
Regional Development Services staff has no objection to the proposed ZBA and Development Agreement from a Provincial or Regional perspective, subject to the satisfaction of any local requirements.
Circulation Comments
The application was circulated to other Town departments and the Region of Niagara. No adverse comments were received. Detailed comments are provided in the Circulation Summary Sheet in Appendix C.
Public Information Meeting
A Public Information Meeting (PIM) was held on February 17th, 2014. No members of the public attended.
Public Correspondence
Several letters were received from residents in reference to the subject proposal. The most common concern was that higher density was being proposed, however Part 4 is being zoned RD, for a future residential proposal, therefore, no development can occur until Part 4 undergoes a subsequent ZBA.
The above concerns will be dealt with in Section 4 - Discussion/Analysis.
Copies of correspondence from the public are included as Appendix D to this report.
4. DISCUSSION / ANALYSIS Parts 1 and 2 were severed from what was once Outdoor Area for Laura Secord School. The school has since closed, and is now a secondary building for Willowbank School of Restoration Arts. This use does not require all the open land. A large portion was sold to the Town as Parkland, and Parts 1 and 2 were created for residential use. By rezoning Parts 1 and 2 for residential use, it results in a more efficient and appropriate use of land. Opportunities for infill development in Queenston are limited, and this proposal is an appropriate use of excess vacant land.
Parts 1 & 2 are parcels that are part of the “School Site’ Special Policy Area. Policies for the site state that residential units in the form of single detached dwellings, semi-detached, duplex, and townhouses are permitted on this property. The newly severed parcels provide the opportunity for varied residential uses, which is supported by the policy in place.
A condition included in the approval of the consent for the property stated:
Established Residential (ER1)
The ER1 zone is a typical residential zone within Queenston. It allows for single detached dwellings. Part 1 has typical lot dimensions for an ER1 lot, and is directly adjacent to ER1 use (lots east and south are zoned ER1). The property is better served as residential, as the institutional zoned school and park do not require this additional land. The property is appropriately located, and the ER1 zoning is the most appropriate use for this parcel.
Residential Development (RD) The Residential Development (RD) Zone is meant to be a temporary zone, where the type of residential development for the property has not been decided upon. Part 2 is a large parcel that has opportunity for residential development other than a single detached dwelling. The exact proposal will come forward through a consecutive Zoning By-law Amendment dealing only with Part 2. This amendment will rezone Part 2 from RD to a residential zone suitable for the property. Part 2 shall remain undevelopable until such time the applicant comes forward with a separate amendment proposal.
Figure 5: Parts 1 & 2 Development Agreement The development agreement, attached as Appendix E, includes conditions that pertain mostly to servicing and grading, as well as a condition ensuring urban design approval is granted. This agreement is necessary in order to fulfill the conditions of consent prior to the lapse date of April 25th, 2014. Many of these conditions cannot be fulfilled prior to development occurring, and therefore a development agreement ensures that these conditions will be met at the time of development, whenever that may occur.
Design The applicant has held several meetings with the residents of Queenston in regard to the proposal. These meetings have dealt mostly with the design of the proposals for both Part 1 and 2. Design cannot be dealt with through the subject Zoning By-Law Amendment. The Queenston Secondary Plan ensures that all development being proposed in Queenston is appropriate for the Village through its General Site Development Guidelines. All proposals must comply with the Secondary Plan, and will also be reviewed at building permit stage. A condition within the development agreement ensures that both Parts will be reviewed for urban design when building permits are received. Some projects go to the Urban Design Committee. The small scale and low density of the proposal for Part 1 for a single detached dwelling, does not require Urban Design Committee approval. Part 2 may require Site Plan Control and Urban Design Review through its consecutive amendment. Since no development can occur on Part 2 through this amendment, design is not an issue.
5. FINANCIAL IMPLICATIONS Approval of the Zoning By-law Amendment has no direct financial implications for the municipality.
6. COMMUNICATIONS Attached for Council’s consideration is the proposed draft Zoning By-law Amendment to By-law 4316-09. Should Council adopt the proposed Zoning By-Law Amendment, there is a 20 day appeal period after which the By-Law will be in effect if no appeals are received.
7. CONCLUSION Planning Staff recommends approval of the Zoning By-law Amendment as the proposal conforms with Provincial, Regional and Town planning policies.
Staff recommends that Part 1 be rezoned to Established Residential (ER1), while Part 2 be rezoned to Residential Development (RD), subject to a future Zoning By-Law Amendment.
A draft Zoning By-Law Amendment has been prepared for Council’s consideration and is attached as Appendix A.
Respectfully submitted, Brynne O'Neill Shirley Cater, MCIP, RPP, EcD Planner I Manager of Planning John Henricks, MCIP, RPP Mike Galloway, MBA, CMO Director of Community Chief Administrative Officer & Development Services ATTACHMENTS Appendix A - Draft Bylaw (5Walnut).docxAppendix A(i) - Bylaw Schedule.pdfAppendix B - PPS (5 Walnut).docAppendix C - Circulation Summary Sheet (5 Walnut).pdfAppendix D - Public Comments.docxAppendix E - 5 Walnut Development Agreement.doc