Report : CDS-15-010

Department of Community
& Development Services
Telephone (905) 468-3266
Facsimile (905) 468-0301

1593 Four Mile Creek Road
P.O. Box 100
Virgil, Ontario
L0S 1T0

		Submitted on:	July 23, 2014
Report:	CDS-15-010

Report To:	Community & Development Advisory Committee
Subject:	113 Byron Street - application for zoning by-law amendment

1. RECOMMENDATION
It is respectfully recommended that:

1.1 The draft Zoning By-law Amendment attached as Appendix A, located at 113 Byron Street, within the Village of Old Town, be forwarded to Council for approval;

1.2 The application is consistent with the policies of the Provincial Policy Statement and conforms to the Provincial Plans, the Regional Official Plan and Town's Official Plan.

2. PURPOSE / PROPOSAL
An application for a Zoning By-law Amendment has been made for the lands municipally addressed as 113 Byron Street to facilitate the severance of two additional lots on the property. The applicant is also proposing changes to lot dimensions, coverage, and setbacks (see Appendix D - Planning Analysis for specific details).

3. BACKGROUND
Site Location and Surrounding Land Use
The subject property is a corner lot on the south-west corner of the intersection of Byron and Wellington Street. The property currently has a 37.1 metre frontage on Byron Street, and spans 44.2 metres along Wellington Street, with an area of approximately 1640 square metres. A single-detached residential dwelling is sited on the property, which is currently used for residential purposes and as a Bed and Breakfast.

Context Map of Subject Property

Subject property looking north from Byron Street

Subject Property looking east from Wellington Street

There are a range of uses in the vicinity of the subject property. The property is bounded by Chateau Gardens Niagara, a Long-Term Care Centre to the north and east, and Niagara-on-the-Lake Hospital is located across the street to the south. Other properties in the vicinity include Queen's Landing Hotel, St. Marks Church, and single-detached residential dwellings.

Public Information Meeting
A Public Information Meeting was held on September 8, 2014. No members from the public attended the meeting. Written comments were received from two (2) nearby landowners that had density concerns and considered three lots on the subject property to be too many.

Circulation
The application was circulated to other Town departments and outside agencies for review and comments. Internal departments and external agencies supported the application.

4. DISCUSSION / ANALYSIS
This proposal is to amend the Zoning By-law to facilitate the development of two (2) additional lots on the subject property.

The Planning Analysis, attached as Appendix B, details the existing planning policy and regulations, and examines the proposal with regard to this framework. The proposed Zoning By-law Amendment is well below the maximum density permitted in the Dock Area Secondary Plan, and is also consistent with the intensification targets of Provincial and Regional Policy. Planning staff recommends the approval of the proposed Zoning By-law Amendment.

The proposal conforms to the Provincial, Regional and Town planning policies. Circulation Comments are attached as Appendix C. A draft Zoning By-law Amendment has been prepared for Council's consideration and is attached as Appendix A.

5. FINANCIAL IMPLICATIONS
There are no costs or revenue implications for the Town arising from this application.

6. COMMUNICATIONS
Attached for Council’s consideration is the proposed draft site specific Zoning By-law. Should Council adopt the proposed Zoning By-law Amendment, there is a twenty (20) day appeal period after which the By-law will be in effect if no appeals are received.

7. CONCLUSION
The attached Zoning By-law Amendment is recommended for approval, and is consistent with the Niagara Region Official Plan, and the Town’s Official Plan, as well as provincial policies and plans.

Written by, Respectfully submitted,

Jesse Auspitz Shirley Cater, MCIP, RPP, EcD
Planner II Manager of Planner

John Henricks, MCIP, RPP Mike Galloway, MBA, CMO
Director of Community Chief Administrative Officer
& Development Services

ATTACHMENTS