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 06, 2017
Report:CDS-17-015
Report To:Community & Development Advisory Committee
Subject:Vintages of Four Mile Creek - Southwest of Line 9 and Four Mile Creek
Zoning by-law amendment, draft plan of subdivision and draft plan of condominium

1. RECOMMENDATION
It is respectfully recommended that:

1.1 The draft Zoning By-law Amendment for “Vintages of Four Mile Creek” subdivision and “Vintages of Four Mile Creek” condominium, attached as Appendix A to this report, for the lands located southwest of Line 9 Road and Four Mile Creek Road, be forwarded to Council for adoption;

1.2 The Draft Plan of Subdivision, “Vintages of Four Mile Creek”, attached as Appendix B to this report, be approved in accordance with the provisions of the Planning Act, and regulations thereunder, subject to the conditions contained in Appendix C to this report.

1.3 That the Lord Mayor be authorized to endorse the Draft Plan of Subdivision for “Vintages of Four Mile Creek” as ‘approved’ 20 days after notice of Council’s decision has been given provided that no appeals have been received.

1.4 The Draft Plan of Vacant Land Condominium, “Vintages of Four Mile Creek”, attached as Appendix D to this report, be approved in accordance with the provisions of the Planning Act, and regulations thereunder, subject to the conditions contained in Appendix E to this report.

1.5 That the Lord Mayor be authorized to endorse the Draft Plan of Vacant Land Condominium for “Vintages of Four Mile Creek” as ‘approved’ 20 days after notice of Council’s decision has been given provided that no appeals have been received.

2. PURPOSE / PROPOSAL
Applications were submitted for a Zoning By-law Amendment, Plan of Subdivision, and Plan of Vacant Land Condominium, for the property located southwest of Line 9 Road and Four Mile Creek Road, shown on Map 1, included in Appendix I to the CDS Report, to facilitate the development of 18 single-detached dwelling units, 36 townhouse dwelling units, and 2 semi-detached dwelling units.

The application for a Zoning By-law Amendment proposes to rezone the property from “St. Davids Community Zoning District – Residential Development (RD-17) Zone” to “St. Davids Community Zoning District – Residential (R2-27-H) – Site Specific Zone”, “St. Davids Community Zoning District – Residential Multiple (RM1(a)-27-H) – Site Specific Zone”, and “St. Davids Community Zoning District – Residential Multiple (RM1(b)-27-H) – Site Specific Zone” in order to facilitate the proposed development.

3. BACKGROUND
The property is located within the Built-up Area of the Urban Area Boundary of St. Davids. Decision of approval of consent for the creation of the subject parcel was granted at the May 19, 2016 Committee of Adjustment hearing. The application facilitated the creation of a new lot within the Urban Area Boundary of St. Davids. The retained lot, located outside of the Urban Area Boundary was intended to continue to be used for for agricultural and rural residential use. In determining the appropriate property boundary for the new lot, consideration was given with regard to the appropriate setback from Four Mile Creek. A 13.5 metre setback has been provided from the centerline of the creek. The applications being considered with this report propose to develop the severed lands through Plan of Subdivision and Plan of Vacant Land Condominium.

Site Description and Surrounding Land Uses
The subject property is located southwest of Four Mile Creek Road and Line 9 Road, and has frontage of 52 metres on Line 9 Road, and 217 metre exterior side yard lot-line along Four Mile Creek Road. There are existing agricultural operations to the west, rural residential and agricultural uses the north. The Cannery Park Subdivision is currently in construction east of Four Mile Creek Road. Offices for a telecommunications company are located south of the subject property. Four Mile Creek, as well as natural heritage features associated with the Creek are located near the west property boundary within the abutting agricultural parcel. There are two large poultry barns located 235 metres to the north of the property.

4. DISCUSSION / ANALYSIS
The applications propose to develop the lands for 18 single-detached dwelling units through a Plan of Subdivision, and 36 townhouse dwelling units and 2 semi-detached dwelling units through a Plan of Vacant Land Condominium. The lands are presently zoned “Residential Development (RD)” in St. Davids Community Zoning District. In order to facilitate the proposed development, the lands proposed to be used for single-detached dwellings are proposed to be rezoned to “Residential (R2)” with site specific provisions. Block 19 is proposed to be rezoned to “Residential Multiple (RM1(a) and RM1(b))” with site specific provisions permitting townhouse and semi-detached dwelling units. A holding “(H)” provision is being recommended in conjunction with the Zoning By-law Amendment. The holding “(H)” provision states that development of the lands shall only be permitted upon removal of the holding “(H)” provision. Removal of the holding “(H)” provision requires the completion and clearance of a soil sampling analysis conducted in compliance with Record of Site Condition standards and review/acceptance by the Region of Niagara. One of the requests to increase the maximum width of garage face to 55% of lot frontage is not being recommended, as it is inconsistent with the St. Davids Urban Design Guidelines. With the exception to the request for relief to the garage face width, the proposal is consistent with Provincial, Regional and Town policies, as noted in Appendix G – Planning Analysis, and will contribute to compatible intensification in the Built-up Area of St. Davids. The Draft Zoning By-law Amendment attached as Appendix A, does not permit the requested relief to the garage face width.

The following information is included in the CDS Report for Council’s consideration, and is recommended for approval:
· Appendix A - Draft Zoning By-law Amendment
· Appendix B - Draft Plan of Subdivision
· Appendix C - Conditions of Draft Plan of Subdivision Approval
· Appendix D - Draft Plan of Condominium
· Appendix E - Conditions of Draft Plan of Condominium Approval

A Draft Site Plan and Landscape Plan, as well as Building Elevations have been provided for Block 19 and are included as Appendix F1 – F4. Appendix H includes a project overview from the applicant. Maps showing the site location, zoning, official plan designation and proposal are included in Appendix I. Departmental and agency comments are included as Appendix J. Public comments are included as Appendix K.

5. STRATEGIC PLAN
N/A

6. OPTIONS

  1. Approve the applications for Zoning By-law Amendment, Plan of Subdivision, and Plan of Vacant Land Condominium, with modifications (Recommended, as explained in the Appendix G – Planning Analysis).
  2. Approve the applications for Zoning By-law Amendment, Plan of Subdivision, and Plan of Vacant Land Condominium.
  3. Refuse the applications.
  4. Defer a decision on the applications.

7. FINANCIAL IMPLICATIONS
If approved, the applicant will be responsible for the following:
  1. Applications and fees pertaining to required development agreements,
  2. Site works and servicing upon approval of a required development agreement,
  3. Fees in accordance with fronting ending provision, Section 5.26 of the Subdivision Agreement for Cannery Park Subdivision
  4. Contribution of parkland dedication fees in accordance with Section 51.1(3) of the Planning Act, and
  5. Building permit fees and development charges fees at the time of application for building construction.
At the development agreement stage(s), securities will be collected in order to ensure that the development proceeds in accordance with the approved plans.

8. COMMUNICATIONS
Attached for Council’s consideration is the proposed draft Zoning By-law Amendment. Should Council adopt the proposed Zoning By-law Amendment, there is a twenty (20) day appeal period.

Staff have prepared Conditions of Final Approval for the Subdivision and Condominium, attached as Appendix C and E, respectively. The Developer is required to complete all of the Conditions of Final Approval to the satisfaction of requesting agencies/departments prior to receiving final approval and enter into necessary agreements with the Town, to be approved by Council. The holding symbols used in conjunction with the Zoning By-law Amendment must also be removed through an amendment to the Zoning By-law, to be approved by Council.

9. CONCLUSION
With the exception to the request for relief to the garage face width, the proposal for 18 single-detached dwelling units, in a Plan of Subdivision, and 36 townhouse dwelling units, and 2 semi-detached dwelling units in a Plan of Vacant Land Condominium conforms to Provincial, Regional and Town planning policies. Planning staff recommends approval of the Draft Plans of Subdivision and Condominium, subject to the Conditions of Final Approval, contained in Appendix C and Appendix E, as well as the associated Zoning By-law Amendment included in Appendix A.



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


Craig Larmour, MCIP, RPP Holly Dowd
Director, Community & Chief Administrative Officer
Development Services


ATTACHMENTS
Attachments.pdfAttachments.pdf


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