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:
March 20, 2013
Report:CDS-13-046
Report To:Community & Development Advisory Committee
Subject:1360-1366 York Road - Ravine Winery - Application for Zoning By-law Amendment

1. RECOMMENDATION
It is respectfully recommended that:
2. PURPOSE / PROPOSAL
The purpose of this proposal is to amend the site specific zoning by-law for Ravine Vineyard Estate Winery to remove certain regulations that are regulated through the noise by-law, and to amend provisions related to number of events permitted, the restriction on amplified music, the number of guests permitted at an outdoor event, and the definition of an outdoor event that is being regulated, among others.

The proposed zoning by-law amendment is attached as Appendix A to this report.

3. BACKGROUND
The lands are currently zoned to permit an estate winery and have an approved site plan that provides for the development of the lands. The permanent production facility has recently been constructed on the site. Future development that has been approved for the lands but not yet constructed includes a formal restaurant building and carriage house. Development has been planned to form a town square. Currently a tent is erected in the area that has been approved for the restaurant building. This area is also used as an outdoor community skating rink during the winter.

Site Description
The property is located within the urban area of St. Davids at the northwest corner of the intersection of Four Mile Creek and York Roads. The property is approximately 34 acres in area with a dwelling, horse barn, drive shed, a winery retail facility in the restored Woodruff House, a cafe/restaurant with outdoor patio space in the recreated packing shed, a production facility and is planted in vineyard. The lands have been in agricultural production for over 150 years.



Surrounding Land Uses
The surrounding land uses are predominantly a mix of agricultural land uses and residential uses. Abutting the property on the east and south are residential uses and commercial uses, on the west side of Four Mile Creek Road. To the east, across Four Mile Creek Road is the redeveloped Cannery property with a mix of commercial and light industrial uses and future residential uses. The north edge of the property abuts agricultural uses located outside the urban boundary. On the western edge of the property there is a swath of land that is designated as Natural Heritage System and covers a small hill as there is a change of elevation from the properties on the west down to the subject property. To the west of this wooded ravine area, the abutting land uses are Institutional (St. Davids elementary school) and subdivision lands currently under construction for single detached and townhouse residential uses (Tanbark Trail).

Provincial Policy Documents
The policies of the Provincial Policy Statement (PPS) set out a high level framework for supporting activities that will promote economic diversity and strive for economically viable and sustainable land uses. Additionally, the policies are aimed at creating land use compatibility in urban areas and between urban and rural areas in our municipalities. It is important to note that the Ravine Vineyard Estate Winery site is located in a Settlement Area as defined by the PPS and not in a Rural Area.

The Growth Plan for the Greater Golden Horseshoe builds on the PPS by providing a framework for building stronger, prosperous communities and protecting resources including unique and high quality agricultural lands, and recognizing that farming will be productive, diverse and sustainable, and urban communities will be vibrant providing a diversity of opportunities for living, working and enjoying culture.

The subject site is located within a Settlement Area of the Greenbelt Plan and within the Urban Boundary of the Village of St. Davids. The Greenbelt Plan envisions the permanent protection of agricultural lands by preventing the fragmentation of the agricultural land base and provides for a diverse range of economic activities associated with rural communities, agriculture and tourism uses. However, since the site is located within the urban area, it is not subject to the policies of the Greenbelt Plan, save and except for policies guiding the connection of the natural heritage system beyond the boundaries of the Plan. The property is instead regulated by the Town's Official Plan, in which it is designated Low Density Residential.

For a summary of comments regarding conformity of this application with the Provincial Policy Statement, please refer to Appendix B.

Official Plan
The Town Official Plan designates the lands Low Density Residential. However, the agricultural zoning allows the use to continue. These lands have been used for agricultural uses for over 150 years.

The land is anticipated by the Official Plan to eventually be developed for residential purposes. However, until that time, it is reasonable and desirable to allow the agricultural use to exist, similarly to other agricultural properties inside the St. Davids Urban Boundary.

The future use of this property is designated for residential but the long term use of this site as a unique urban winery integrated into the Village of St. Davids warrants favourable consideration. Town Staff will continue to dialogue with the winery as part of the Official Plan review to better define how best to achieve this integration over the long term.

Additionally, the Four Mile Creek ravine which runs through the property is designated as Conservation in the Official Plan. The Conservation lands have no bearing on this application.

The Official Plan policies for Estate Wineries requires a site-specific zoning amendment to regulate the property, which was approved in 2006 for Ravine.

Zoning By-law
The Ravine Vineyard site is zoned site-specific "Agricultural (A) & Open Space (OS)" in the St. Davids Community Zoning District. As per the Estate Winery policies of the Official Plan, the site-specific zoning is in place to regulate the Estate Winery use. The zone also permits the retail sale of wine, a hospitality room, and agricultural market/delicatessen, a restaurant, an outdoor covered/uncovered patio, an outdoor special event/tent area and on additional dwelling unit.

The following summarizes the applicant's initial requests to amend the site-specific zoning:
  1. Permission for 30 outdoor evening events consisting of 24 commercial events and 6 non-profit community events instead of the current 12 events. The General Provisions for Estate Wineries permits 24 events.
  2. Remove the clause that states “hours of operation shall be limited to between 8 a.m. and 11 p.m.” as the time of use is not something that is regulated by a zoning by-law.
  3. Permission to use outdoor address systems or amplified music subject to the provisions of the noise by-law.
  4. Remove the clause which limits the winery to one outdoor event per weekend. The winery receives requests for hosting a Friday evening rehearsal often on the same weekend that a reception is held on a Saturday evening.
  5. Add a provision to define the outdoor event/tent area to be “an area that is used for winery related hospitality functions that includes corporate functions, receptions, group tours, outdoor activities, community non-profit events, and similar events and activities."
  6. Add a provision to clarify that the outdoor events which will be limited to 24 per year only counts for events that occur past dusk.
Following the Public Information Meeting held on May 6, the applicant modified its proposal as follows:
  1. Permission for 24 outdoor evening events, as opposed to the previously requested 30.
  2. Clarify that the General Provisions relating to hours of operation for Estate Wineries does not apply.
  3. No change
  4. The clause which limits the winery to one outdoor event per weekend would be altered to limit the winery to one outdoor event that extends past dusk, per weekend.
  5. No change
  6. No change
  7. Add a provision to limit the maximum number guests permitted at an outdoor evening event to 200 guests, as opposed to the currently permitted 75 guests in the General Provisions.
  8. Request that there be no limitation on guests for events that occur during the day.
  9. Amend the minimum lot area from 13.76 ha (34 ac) to 13.7 ha (33.9 ac) as a result of a concurrent consent application in which Ravine would convey a small portion of land to a neighbour for their rear yard.

The Discussion/Analysis section of this report speaks to each request in depth.

Heritage
There are no heritage implications as a result of this proposal.

Circulation Comments
The application was circulated to other Town department and outside agencies. No adverse comments were received. Detailed comments are provided in the Circulation Summary Sheet in Appendix C.

Regional Municipality of Niagara
The Region commented that they have no objections to the proposed zoning by-law amendment application. Regional Staff suggested that the Town consider the number of events and number of guests for this proposal in comparison to other farm/winery applications and existing approvals to ensure such events remain an occasional activity and at an appropriate scale as noted in the Region's value-added policies.

Public Information Meeting
A public information meeting was held on May 6, 2013. There were approximately fifteen people in attendance and of them, two people expressed concerns. Additionally, a total of four emails/letters were received, of which three expressed a notion of concern toward the proposal and one letter was in support. Concerns raised are listed below and discussed in full in the Discussion/Analysis Section of this report. Copies of correspondence from the public are included as Appendix D to this report.

a) Noise from evening events is a disruption to neighbours

b) Vibrations from the noise can be felt in homes

c) Late hours of operation extends the period of time which noise is a nuisance

d) The winery has violated the permitted number of events in the past

e) A new monitoring and enforcement strategy needs to be adopted for Ravine

f) Concerned with amplified music being permitted

g) Guests roam the site and sometimes trespass onto neighbouring properties

h) How will the Town permit exemptions under the noise by-law for an event?

i) Can a peer review be completed of the applicant's noise investigation?

j) When the permanent restaurant is built, where will events be held?

The following summarizes the positive feedback received:

4. DISCUSSION / ANALYSIS

Hours of Operation
The existing site specific zoning for Ravine contains a provision which limits the outdoor covered/uncovered patio and outdoor event/tent area to operate between 8:00 am and 11:00 pm. The proposal is to remove this provision from the by-law as zoning is not an appropriate tool to govern hours of operation of a business. The main concern with respect to the operation of the business is noise from outdoor events, specifically in the evening. In the past, events have extended later than 11:00 pm and has caused a nuisance for some neighbours with respect to noise emitted from events. The hours of operation provision may have been included in the zoning by-law to limit a potential noise nuisance past 11 o'clock.

As such, Staff agree that the current hours of operation provision can be removed from the site specific zoning by-law. Additionally, a provision is recommended that confirms and clarifies that the General Provision requiring that outdoor activities cease at 10:00 pm does not apply.

Notwithstanding the elimination of hours of operation provisions, the operations of the winery will be regulated by the Noise By-law (4588-12) which prohibits noise between 11:00 pm and 7:00 am next day, and between 11:00 pm and 9:00 am on Sundays & statutory holidays. Acts that are prohibited in these time periods include the operation of a radio, TV, amplifier, loud speaker, public address system and other sound equipment, as well as any yelling, shouting, hooting, whistling or singing. Additionally, the playing of musical instruments outdoors is prohibited in the same time period.

Other wineries in Town have an hours of operation provision in their site-specific zoning by-law which permits them to operate outdoors until 11:00 pm, including Peller, Southbrook, Cattail Creek and Caroline Cellars.

Noise
As detailed in the previous section, the recently approved Noise By-law will regulate noise on site. Noise is prohibited between 11:00 pm and 8:00 am next day and between 11:00 pm and 9:00 am on Sundays and statutory holidays.

The applicant has also requested for permission to use outdoor address systems and play amplified music. Again, the emission of amplified sound would be regulated by the noise by-law, and no devices would be permitted to be used after 11:00 pm. The main concern for residents at the Public Information Meeting was sound being emitted after 11:00 pm when they are sleeping; the noise by-law is the intended by-law to regulate noise.

By using sound systems as opposed to live bands, there is an ability to turn down the volume of a device if it is found to be excessive. Ravine has implemented contracts for each outdoor evening event this summer which stipulates that noise must be at "an acceptable standard at 11:00 pm". They have also hired an Events Operation Manager who will be on-site to oversee events and it is Staff's understanding that the Operations Manager will routinely walk the grounds to ensure that noise is at an acceptable level at all times. Finally, Ravine has purchased an inner liner to install in the tent to provide attenuation at the source.

There are no other wineries that are specifically permitted to use amplified music, however Staff believes that the noise by-law is the correct tool to regulate such act. The noise by-law prohibits amplified devices after 11:00 pm which is the concerning time for surrounding residents.

Under the noise by-law, any person may make application to Council to be granted an Exemption from any of its provisions with respect to source of sound or vibration. Any exemption may not be granted for a period in excess of six (6) months. To Staff's knowledge, no exemptions have been granted nor applied for since the adoption of the new noise by-law.

Noise Investigation Study
As part of their submission, the applicant has hired a consultant to undertake a noise study to evaluate the impacts that amplified music has on surrounding land uses. The noise study concluded that during the evening hours, while noise from outdoor events was audible at certain locations (west of Four Mile Creek Road and north of York Road), there were other locations (east of Tanbark Road) where noise was not audible. In those locations that noise was audible, most often the sound level was not measurable, but rather it was background noise, such as traffic noise, that was heard and measured. When sound from the events could be heard they were momentary noises, not noise held over long periods of time and these momentary noises also did not exceed acceptable indoor sound level criteria. Given the short duration of the noise and that it does not exceed indoor sound level criteria, this type of momentary noise is not considered to be significant or disruptive.

The Noise Investigation Study is included as Appendix E to this report.

Peer Review of Noise Investigation
Staff received a request at the Public Information Meeting that the noise study be reviewed by a peer. Subsequently, the Town requested that dBA Environmental Services ("the Town's consultant") conduct a review of the study, to evaluate the study methodology, including type of monitoring, duration and location, measurement results, study observations, study conclusions, and connection to the Town noise by-law. The peer review is included as Appendix F to this report.

The Town's consultant concluded that overall there were no concerns with the noise levels applying to the present noise by-law. It was noted in the peer review that it is not clear in the noise study report what the maximum noise levels will be established at by management on site, or what methods will be used to determine an exceedance of an established maximum level. Additionally, it was noted that noise monitoring only reflected levels in the rear yards of surrounding residential properties and not in the actual noise sensitive area (i.e. bedroom between 11:00 pm and 7:00 am). The consultant also points out that the applicant's report does suggest that the music is occasionally audible.

The Town's consultant recommended the following:
  1. That additional noise monitoring be conducted once events at Ravine have commenced. This will ensure that the maximum volume of the sound system and position of the sound system speakers have been identified and addressed.
  2. Noise monitoring at the source (sound system) and receptor location be conducted and recorded to establish noise criteria. Sound system speakers not to be changed or replaced unless noise monitoring levels have been confirmed.
  3. Permission by the homeowners to conduct noise monitoring in the second floor of the noise sensitive area so to confirm noise levels inside home.
  4. To work with event organizers and public to ensure noise levels are maintained and satisfactory to all parties involved.

Monitoring Program
In considering the above recommendations of the Town's consultant, Staff recommend that the approval of this application be conditional on Ravine Vineyard Estate Winery implementing an ongoing monitoring program to be approved by the Director of Community and Development Services. The applicant would be required to amend their site plan agreement to include a requirement for a monitoring program. The monitoring program may include the Ravine Operation Manager measuring sound levels at the perimeter during events, at ground and second storey heights. It may also include a plan for public involvement and consultation, as Ravine is willing to have discussions with neighbours if there are any concerns with operations. Additionally, the monitoring program may include a requirement for ongoing re-assessment of operations with respect to noise as well as a review of event contracts each year.

Number of Events
The applicant is proposing to amend the zoning by-law to permit a maximum of 24 events per year, to be consistent with the General Provisions for Estate Wineries. Currently, Ravine is permitted 12 events per year that occur in the outdoor event/tent area. All other wineries in Town are permitted 24 events per year, except for Caroline Cellars which is also currently permitted 12 events.

The applicant also wishes to clarify that the "outdoor event/tent area" is defined as an area used for winery related hospitality functions that include corporate functions, reception, group tours, outdoor activities, community non-profit events, and similar events and activities."

Additionally, the applicant wishes to clarify that the events which are limited to 24 per year are those events that occur in the outdoor event/tent area, only past dusk. This means that the events that take place during regular business hours of the winery will not be counted toward the maximum number of events allowed per year. Staff believes that it is not the intent of the by-law to regulate events that occur during the day, as those events are part of the regular business of the winery and are not a cause for concern of neighbours or the Town.

The events that are intended to be regulated are those that occur in the evening, past dusk only. By doing so, the zoning by-law will not restrict the regular operations of the winery.

Originally, the applicant requested the allowance for 30 events per year, with 24 being commercial events and 6 being non-profit community events. Staff expressed that there is no intention to limit the type of event being held but rather the amount of events being held. As such, to be consistent with other wineries, the applicant revised their proposal to request permission for 24 events which occur past dusk per year.

Additionally, the applicant also requested that the clause which limits the winery to one event per weekend be removed. After further clarification that the events which are limited are only those events that occur past dusk, the applicant withdrew this request. The intent was to not prohibit a wedding event occurring on Saturday night and a Sunday daytime reception. The applicant is satisfied that prohibiting their operations to one event which extends past dusk per weekend will not be an issue.

Permitted Number of Guests
The applicant has requested that a provision be added to the by-law which limits 200 guests per event. Currently Ravine is limited to 75 people per event, as per the General Provisions of Estate Wineries. This limit would be only for events which occur past dusk. The applicant also requested that there be no limit to the number of guests at a daytime event.

Staff recommends that Council approve the request to permit a maximum of 200 guests at an event which occurs past dusk. There are other wineries in Town which are permitted more than 75 guests (i.e. Southbrook at 200 and Caroline Cellars at 125). Compatibility from a land use perspective addresses issues such as traffic circulation, parking and setbacks. The winery has provided the required number of parking spaces on-site as per the site plan agreement. The site plan currently shows 37 spaces on site plus the capability to provide an additional 66 space on-site, for a total of 103 spaces. Additionally, the winery has partnered with the St. Davids Lions Club in the past to utilize their parking lot and shuttle guests via bus. Staff is satisfied that a function of 200 guests could be accommodated for within the current configuration of the site's parking and building areas.

Staff also recommends that a note be placed in the zoning by-law which states, "Daytime attendance shall be regulated by the building code, fire code and available on-site parking. Standard municipal processes shall be followed to obtain approvals through the Clerk’s Office and Fire Department when applicable." This addresses the applicant's request to allow an unlimited number of guests at a daytime event.

Staff is not in a position to recommend an unlimited number of guests at an event, since there are limitations such as occupancy loads, washroom facilities and parking which restrain uses on the land. The Fire Code states that when there are 300 people or more on site, a Fire Safety Plan is required to be approved. The applicant would also notify the Fire Department when parking is being provided for off-site.

Minimum Area
As a result of a concurrent consent applicant, the applicant has request to lower the minimum required lot area from 13.767 ha (34 ac) to 13.7 ha (33.9 ac). The consent application involves Ravine conveying a small portion of their property to an abutting neighbour that will be used as a rear yard. The lot minimum lot area reduction is very minimal and does not impact the production of grapes, nor the required setbacks. The applicant must amend their site plan agreement to reflect the new lot area and boundaries.

Additionally, as part of this zoning amendment, the small portion of land being conveyed to the neighbour will be rezoned from Agricultural (A-3) to Residential (R1). The land is in the Urban Area boundary and is therefore supported by Staff.

5. FINANCIAL IMPLICATIONS
There are no cost implications to the Town with respect to this proposal.

6. COMMUNICATIONS
Attached for Council’s consideration is the proposed draft zoning by-law amendment to the site-specific by-law. Should Council adopt the proposed zoning amendment, there is a 20 day appeal period after which the by-law will be in effect if no appeals are received.

The applicant is required to amend the existing site plan agreement in order to reflect the boundary change of the property, and to implement an ongoing noise monitoring program for the winery. The monitoring program would need to be approved by the Director of Community & Development Services.

7. CONCLUSION
Planning Staff recommends approval of the proposed zoning amendment to the site-specific by-law for Ravine Vineyard Estate Winery, on condition that an ongoing Noise Monitoring Program is included in an amendment to the site plan agreement. The amendment to the site plan agreement must also reflect a small boundary adjustment for the site.

The proposal conforms with the policies of the Provincial, Regional and Town planning policies.

A draft zoning by-law amendment has been prepared for Council’s consideration and is attached as Appendix A.



Written by, Respectfully submitted,



Aaron Butler, BES John Henricks, MCIP, RPP
Planner II Manager of Planning Services




Milena Avramovic Mike Galloway
Director of Community Chief Administrative Officer
& Development Services


ATTACHMENTS
Appendix A - Draft ZBA and Schedule.pdf Appendix A - Draft ZBA and Schedule.pdf Appendix B - PPS Conformity.docx Appendix B - PPS Conformity.docx Appendix C - Circulation Comments.pdf Appendix C - Circulation Comments.pdf Appendix D - Public Correspondence.pdf Appendix D - Public Correspondence.pdf Appendix E - HGC Noise Study.pdf Appendix E - HGC Noise Study.pdf Appendix F - Peer Review.pdf Appendix F - Peer Review.pdf


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