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1593 Four Mile Creek Road
P.O. Box 100
Virgil, Ontario
L0S 1T0
Submitted on:
April 28, 2016
Report:CDS-16-027
Report To:Community & Development Advisory Committee
Subject:Settlement at St. Davids Extension Draft Plan of Subdivision Extension

1. RECOMMENDATION
It is respectfully recommended that:

1.1 Council has no objection to extending Draft Plan of Subdivision approval for the Settlement at St. Davids Draft Plan of Subdivision, File 26CD-18-12-01 for an additional period of two (2) years.

2. PURPOSE / PROPOSAL
An application has been received by the Ontario Municipal Board (OMB) pursuant to Section 51 (33) of the Planning Act requesting an extension to the Draft Plan approval for the Settlement at St Davids Extension. The extension is requested due to difficulties encountered with respect to Clearance of Condition 12 of the Conditions of Draft Plan Approval regarding archaeological clearance by the Ministry of Tourism, Culture and Sport. A copy of the request addressed to the OMB is attached as Appendix A. The intention is to extend the current Draft Plan approval for a period of two years, to allow for final archaeological clearance on the property. The OMB has asked for consent from the Council prior to providing the requested extension.

3. BACKGROUND
In January 2013, Council refused to enact a zoning by-law to rezone the lands to permit the development of a 36 unit condominium consisting of 25 townhouses and 11 single- detached dwellings and a park containing significant archaeological resources.

The Board considered the minutes of settlement presented at the OMB hearing and issued an order allowing the applicant's appeal. The draft plan of subdivision renderings were approved subject to the Town of Niagara-on-the-Lake Final Conditions of Approval. The Board also approved the landscape plan and the site specific Zoning By-law No.4316P-13 (Appendix B).

Site Description and Surrounding Land Use
The subject property is 1.97 ha (4.87 acres) in size and is located at the south end of Paxton Lane within the urban area boundary of St. Davids. The parcel is generally flat but descends sharply along Four Mile Creek Valley lands to the west. There is an existing 1½ storey single detached dwelling and an accessory building on the property. The existing dwelling, c. 1800, known as the “Paxton House” is identified in the Town of Niagara-on-the-Lake Heritage Resource Register and is one of the oldest houses in Niagara-on-the-Lake. The subject property is bounded by The Niagara Escarpment and the St. Davids Golf Course to the east and the Four Mile Creek and its valley lands to the west. To the north there are approximately 10 residential dwellings that front along Paxton Lane. One of the ten properties known as “Locust Hall” c. 1830 (1 Paxton Lane) is situated at the entrance of Paxton Lane at York Road and is also listed in the Heritage Resource Register. To the south is the Settlement of St. Davids subdivision consisting of single detached dwellings of varying size and design and a small number of townhouses units.

Circulation Comments
Because the request to extend draft plan approval was made directly to the OMB and not to the Town, and because there are no changes to the draft plan or the conditions of draft plan approval, circulation to Town departments and outside agencies is not required.

4. DISCUSSION / ANALYSIS
The applicant received Draft Plan approval on August 16, 2013 through OMB decision PL130165. The OMB decision provided for a subdivision with a 60-40 mix of townhouses and single detached dwellings. Blocks 19 and 20 of the subdivision, which contain significant archaeological resources, will be conveyed to the Town and maintenance and general upkeep of these blocks will be provided for in the common element condominium costs. Access to the site will be from a permanent turning circle on Paxton Road South. The access route will lead to a private road for the subject site. The north access will be closed to traffic and will be for emergency vehicle use only. The Region of Niagara has no concern with the road configuration. The Paxton House, one of the oldest houses in the Town and will be designated under Part IV of the Ontario Heritage Act and restored.

Planning staff have considered the request to extend draft plan approval for the subdivision with regard to Provincial, Regional and local policies and with regard to the Town policy regarding extension of draft approval. The development is consistent with the relevant policies and meets the Town policy for extensions which provides that extensions of subdivision and condominium draft approval may be granted for up to a maximum of three years based on the following:

1. That the subdivision continues to satisfy the criteria contained in Section 51(24) of the Planning Act.
2. That all municipal services required continue to be available.
3. That the conditions of draft approval continue to be relevant and up-to-date.
4. That the requirement to obtain the necessary archaeological clearance and protect the archaeological resources on the site is fulfilled.

5. FINANCIAL IMPLICATIONS
There are no costs or revenue implications for the Town arising from this proposal. The applicant will be required to bear all the costs associated with this proposal and will be required to pay building permit and development charges at the time of construction.

6. COMMUNICATIONS
If Council supports the extension of draft plan approval for a period of two (2) years, the Ontario Municipal Board and the applicant will be notified so that they can work towards clearance of the conditions and registration of the subdivision.

7. CONCLUSION
The development continues to be in conformity with all applicable policy and Planning staff recommends that Council support the extension of draft plan approval for the Settlement at St. Davids Extension Subdivision, File 26CD-18-12-01 for a period of two (2) years and that a letter of support be forwarded to the Ontario Municipal Board and the applicant.



Respectfully submitted,

Leah Wallace, MCIP, RPP Shirley Cater, MCIP, RPP, EcD
Senior Planner Manager of Planning

John Henricks, MCIP, RPP Sheldon Randall
Director, Community & Interim Chief Administrative Officer
Development Services



ATTACHMENTS
CDS-16-027 - Settlement at St. Davids Subdivision (extension) .pdfCDS-16-027 - Settlement at St. Davids Subdivision (extension) .pdf


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