Department of
Community
& Development Services
Telephone (905) 468-3266
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1593 Four Mile Creek Road
P.O. Box 100
Virgil, Ontario
L0S 1T0
Submitted on:
December 15, 2010
Report:
PDS-11-002
Report To:
Planning Advisory Committee
Subject:
Konzelmann Estate Winery
1096 Lakeshore Road, Town of Niagara-on-the-Lake
Zoning By-Law Amendment
1. RECOMMENDATION
It is respectfully recommended that subject to the result of the public meeting:
1.1
The draft Zoning By-law amendment for the property known as 1096 Lakeshore Road to provide for additional retail and hospitality areas attached as Appendix “A” which is consistent with the Provincial Policy Statements issued under the Planning Act and conforms with Provincial Policies, the Regional Policy Plan and the Town Official Plan, be forwarded to Town Council for passage.
2. PURPOSE / PROPOSAL
The applicant is proposing an amendment of the zoning by-law to permit an increase in the allowable floor area for the retail and hospitality areas of an existing winery from 139.355 m
2
(1,500 ft
2
) each to 202.064 m
2
(2,175 ft
2
) for the hospitality area and 295.46 m
2
(3,180.3 ft
2
) for the retail area. In addition, the applicants are proposing to install additional wash rooms and renovate and expand their offices. The addition of the wash rooms and the expansion in office space does not require an amendment of the zoning by-law. No changes to the exterior of the building is proposed.
3. BACKGROUND
Konzelmann Estate Winery is an established winery and vineyard. Secondary uses such as hospitality and retail functions associated with an estate winery have previously been established on the property. The applicants are now proposing to increase the allowable floor areas for the existing retail and hospitality areas so that they can better manage the circulation of visitors on the property.
Existing and Surrounding Use
The subject land is located in the agricultural area and is developed with an established estate winery with hospitality facilities. In addition, a single detached dwelling has been constructed at the rear of the property. The property is surrounded by vineyards with a scattering of rural residential uses in close proximity. It is approximately 15.936 ha (39.38 ac) in size and is bounded on the north by Lake Ontario, on the south by Lakeshore Road (Regional Road 87). On its east and west are residential and agricultural uses, respectively.
Heritage Implications
This application has no impact on heritage resources.
Planning Policy Documents
The Provincial Policy Statement, Greenbelt Plan, Regional Policy Plan and Town Official Plan all provide for the establishment of hospitality and retail uses as secondary uses associated with an estate winery. This application complies with the policies of these Plans, as the proposed increase in the allowable floor areas for the retail and hospitality sections are small in scale, will occur on the inside of an existing building and therefore will not result in the removal of acreages from agricultural use.
Zoning By-law 500A-74 & 500IR-94
These lands are site specifically zoned "Special Exception 21.A.42 Konzelmann Zone” in Zoning By-Law 500A-74 and By-Law 500IR-94. The proposal will require an amendment of Zoning By-Law 500IR-94 in order to permit the expanded floor area for the retail and hospitality areas.
Comprehensive By-Law 4316A-09
Town Council approved the New Comprehensive Zoning By-Law on July 27, 2009. The appeal period ended on August 24, 2009. Several appeals have been filed; while most of these have been resolved, the appeal of the agricultural area portion has not yet been determined. The agricultural component of the new by-law is, therefore, not yet in effect.
However, Zoning By-Law 4316A-09 zones the subject property Agricultural (A-10). This zoning category permits secondary uses associated with estate wineries, which is restricted to the retail sale of wine and the establishment of a hospitality room, outdoor special event tent and an agricultural market. In this by-law, secondary uses are limited to a total maximum floor area of 400 m
2
(4,306 ft
2
), with no individual use exceeding 140 m
2
(1,507 ft
2
). This proposal to increase the allowable floor area for retail and hospitality areas would have required an amendment of this by-law.
Circulation Comments
The application was circulated to other Town Departments and outside agencies. There were no objections to the application. The following comments, however, are highlighted:
§
The Region has no objections to the proposed increase in the allowable floor area for the retail and hospitality areas. However, the Region requested additional information regarding sewage flows.
§
The Town Public Works Department has commented that there are no municipal services on Lakeshore Road and that the proposed changes in use will generate addition sewage flows and impacts the existing on-site (private) sewage treatment facility.
For more detailed comments, please refer to the comment sheet attached as the circulation summary sheet at Appendix “C”.
Public Information Meeting
A public information meeting was held on July 20, 2009. Comments and questions received at the public information meeting were as follows:
Multiple number of outdoor activities
The applicants are constructing a building addition at the rear of the main building to accommodate the storage of farm equipment. Within this building addition there are provisions for a new loading area, therefore, use of the existing loading area will be reduced over time. This will minimize the use of the current loading arrangement through time.
With recent Provincial changes to the licensing requirements, wineries are now able to sell wine by the glass. This has led to a change to the hospitality functions of many wineries whereby their pairing of wine with local food involves the offering of light lunches or snacks.
Konzelmann Estate Winery has offered barbequed lunches with limited offerings on weekends during the summer months between 11:00 a.m. and 4:00 p.m. These barbequed lunches are managed and operated by an independent caterer where food is prepared and cooked off site and finished on the barbeque. These barbeques take place in the area of the gazebo and are not considered to be special events, but rather are a hospitality function.
The continued practice of delivery trucks backing onto the property from Lakeshore Road.
Based on the site plan agreement approved by Council, the applicants were required create entrance and exits for trucks to safely access the property. The entrance and exit are in place.
Incomplete landscaping arising from the previous development phase of the property.
Trees were planted along the eastern property line of the property, in accordance with the site plan agreement approved by Council. Since then a number of them have died and were replaced. On a recent site visit to the property, Planning Staff noted that new trees have been planted in the vicinity of the residence to the east of the property.
The opening up of a large window on the eastern side of the property and the resultant loss of privacy by the neighbouring residential occupants next door.
Frosted glazing has been added to the window so that there no longer is any overlook to the east.
The adequacy of available parking spaces.
No additional parking spaces will be required, given that the existing parking exceeds their current parking requirements.
The idling of tour buses on the property and the effect of the emissions from these buses on the residential neighbours.
The area for bus parking is located to the west which is away from the residential properties in the east.
The type of lights that the applicants had installed during previous development of the property, their intensity and the duration at which they are allowed to remain lighted at nights.
The applicants have installed shields and timing devices on the lights in the parking lot to direct lights away from and reduce the intensity of the light glare affecting the residential neighbours and ensure the parking area is not lit all night long.
Public Meeting
The Statutory Public Meeting regarding the proposed zoning amendment is scheduled for Monday January 10, 2011.
4. DISCUSSION / ANALYSIS
This proposal is for an increase in the allowable floor areas for the hospitality and the retail sales areas by converting office space to retail and hospitality areas. No new building will be constructed for these uses, no additional lands will be taken out of agricultural production and the property will remain planted in vineyard. The policies governing development in the agricultural areas in the Greenbelt Plan, the Provincial Policy Statement, the Town’s Official Plan and the Regional Niagara Policy Plan all support uses that produces value added agricultural products from the farm operation on the property. This proposal for an increase in the allowable floor area for the hospitality use and the retail sale of wine meets these requirements. The retail and hospitality functions are secondary uses to the main agricultural uses and will be similar in size compared to the previously approved retail and hospitality areas of Pellar, Stratus Winery, and Ravine Vineyard Estate, among others.
The site is serviced by a privately owned and operated sanitary sewage system. The proposed changes will generate additional sewage flows that will impact the existing on-site private sewage treatment facility. The applicant has been monitoring its water usage and sewage flows for the past year and has been submitting reports to the Ministry of the Environment. Based on the monitoring and reporting, the Ministry of the Environment has indicated that the existing sewage system has the capacity to accommodate the additional flows from this proposal, and does not object to the proposed zoning by-law amendment. It is noted Konzelmann Estate Winery will continue to monitor their water usage and sewage flows and changes to the sewage treatment system not related to this proposal will be implemented in 2011.
The applicants have indicated that the current area allocated to the retail and hospitality functions of the winery is inadequate to handle visitors [arriving by bus] and their normal [every day] walk-in customers combined. As a result of this, they are wanting to create separate areas for these two customer types so that those persons arriving by bus will have sufficient space to mill around and sample various products before purchasing and not impede the walk-in customers. In addition, this additional space will afford the company an opportunity to reconfigure the visitor circulation pattern that currently exists and enable them to implement a better organized route for their visitors arriving by bus.
This application meets the Town’s Official Plan policies that provides for value added activities as secondary uses associated with an estate winery.
5. FINANCIAL IMPLICATIONS
There are no costs or revenue implications for the Town arising from this application.
6. COMMUNICATIONS
The proposed draft site specific zoning by-law (Appendix “A”) has been prepared for Council’s consideration. 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
Planning Staff recommend approval of the requested zoning by-law amendment, which will increase the allowable floor area for the hospitality and retail areas.
Town Planning Staff have reviewed the proposed application to increase the allowable floor area for the hospitality and retail areas and are of the opinion that the proposal satisfies the criteria outlined in Section 39(1) of the
Act
. This proposal conforms to the Provincial Policy Statement which support uses that produce value-added agricultural products from farm operations on the property. As well, the plans are consistent with the Regional Policy Plan and the Town’s Official Plan.
Written By Respectfully submitted,
Kay Grant Barbara Wiens, MCIP, RPP
Development Planner II Principal Planner
Stephen Bedford, MCIP, RPP
Director of Planning & Development Services
Mike Galloway
Chief Administrative Officer
ATTACHMENTS
1096 Lakeshore Road -- Provincial Policies - Appendix B.doc
By-Law -- 1096 Lakeshore Road.doc
CIRCULATION SUMMARY SHEET -- 1096 Lakeshore Road - Appendix C.doc
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