14555 NIAGARA RIVER PARKWAY
PLANNING IMPACT AND STREETSCAPE ASSESSMENT
Professional Planning Services Inc September 2017
14555 Niagara River Parkway Page 2 of 10 Planning Impact and Streetscape Assessment
INTRODUCTION
The subject property is a new building lot to be created and is shown as Part 2 on the cover page to this document. Part 2 is 0.674ha in size. Part 1 is the retained parcel and is occupied by an existing dwelling, a garage and an out-building. Part 1 is 0.360ha in size. A wooded ravine is located along the east side of Part 2 and along the rear of Part 1. The top of the slope has been plotted and is shown on the survey sketch. There is sufficient land above the top of the slope on both Part 1 and Part 2 for a dwelling.
The property is located in the urban area of the Village of Queenston. The entire property is designated Low Density Residential in the Official Plan with the conservation designation applied to the rear of the lands. The portion of the ravine along the east property line is designated Low Density Residential
The Low Density Residential designation permits single detached, semi-detached and duplex dwellings. Policy 4.1 states that “Newly created lots with direct frontage on the Niagara River Parkway and/or abutting the Niagara Escarpment shall have minimum dimensions of 60m in width and 45m in depth and should generally be similar in overall size width and depth to adjacent and neighbouring residential lots”. The frontage of Part 1 is 32m and the proposed frontage for Part 2 is 48.603m. Town Staff has indicated that an Official Plan amendment is required for the proposed frontage of Part 1 and Part 2.
The Town’s Zoning By-law zones the subject property Established Residential (ER2) with the ravine along the east side and rear of the property zoned Open Space (OS-1). The Established Residential Zone permits single detached dwellings and secondary uses such as a Bed & Breakfast and accessory buildings. The minimum lot frontage required for lots fronting on the Niagara River Parkway with no service road is 60m. The lot frontage for Part 1 is 32m and the proposed frontage for Part 2 is 48.603m. A zoning by-law amendment is required. A minor variance application could be considered however the combined Official Plan and Zoning By-law is more time effective and is considered by Town Council. The minor variance application is considered by the Committee of Adjustment which is different from Town Council. The application for minor variance cannot be filed until after the Official Plan amendment has been approved.
The owner of the property, Tiina Luik has retained Professional Planning Services Inc to undertake the required Planning Impact and Streetscape Assessment.
SITE AND SITUATION
The property (Part 1 & 2 combined) is municipally addressed as 14555 Niagara River Parkway and is located in the Village of Queenston. The property slopes along the east property line and along the rear property line to a wooded ravine. The top of the slope is shown on the survey sketch. The existing home faces the Niagara Parkway and there is sufficient land above the top of the bank to create a new building lot Part 2. The Niagara Parkway road curves as it approaches the subject property from the south and then curves again as the road heads north to the Old Town of Niagara. The surrounding land uses consist of single detached dwellings of varying sizes. The frontages vary and some of the lots have a significant depth. The subject property is the largest property in the area.
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POLICY DOCUMENTS
Provincial Policy Statement
Planning in Ontario is regulated by the Ontario Planning Act. Subsection 3(5) of the Act requires that a decision of the council of a municipality in respect of the exercise of any authority that affects a planning matter shall be consistent with the Provincial Policy Statement.
The application to amend the Official Plan and Zoning By-law for lot frontage the property at 14555 Niagara River Parkway is consistent with the Provincial Policy Statement in the following regard:
• Provincial Policy 1.1.1 states that: “Healthy, livable and safe communities are sustained by: a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term”
• Provincial Policy 1.1.3.1 states that: “Settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted”
• Provincial Policy 1.1.3.2 states that: “Land use patterns within settlement areas shall be based on: a) densities and a mix of uses which: 1. Efficiently use land and resources; 2. Are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available and avoid the need for their unjustified and/or uneconomical expansion”
The subject property is within a settlement area and proposed development represents an infill oppoutunity that fits in well with the existing streetscape and the neighbourhood.
Places to Grow Plan 2006
The Places to Grow Plan is a Provincial Plan applying to all of southern Ontario including the Niagara Region. The Places to Grow Plan complements the Provincial Greenbelt Plan in that the Greenbelt Plan protects agricultural resources and limits urban growth. The Places to Grow Plan indicates where growth can occur and encourages intensification and redevelopment. The Places to Grow Plan identifies the urban area of Queenston as being within the built boundary where development and redevelopment is encouraged. The proposal to create an infill lot is consistent with the Places to Grow Plan.
Regional Planning Objectives
The Regional Municipality of Niagara Policy Plan designates the subject land as “Built Up Area” which permits a variety of residential, commercial and industrial uses. The Policy Plan encourages intensification within the built boundary and mirrors the objectives of the Provincial Policy Statement and the Places to Grow Plan.
Official Plan
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The Town of Niagara-on-the-Lake Official Plan designates the subject lands as “Low Density Residential”. Under Section 9.3 Land Use Designations subsection (1) single detached dwellings, semi- detached dwellings and accessory structures and uses are permitted.
Section 6.32 – Special Study Areas and Special Policy Areas identifies Queenston as Special Policy Area. Figure 4 – Land Use Designations for the Village of Queenston designates the subject lands as “Low Density Residential”. Policy 4.1 – Low Density Residential states that: “This designation is located along York Road and portions of the Niagara River Parkway and consists of a range of housing styles with a variety of setbacks and typically generous lot widths. Development in this designation is generally newer than that within the historic core of the Village and the majority of the properties back onto either agricultural lands or the Niagara Escarpment Natural Areas. Access is provided either directly from the Niagara River Parkway or via a service road paralleling the parkway. The intent of policies outlined below is to respect the existing residential pattern, varied lot sizes and generous frontage within this designation.”
Policy 4.1 further states that “Newly created lots with direct frontage on the Niagara River Parkway and/or abutting the Niagara Escarpment shall have minimum dimensions of 60m in width and 45m in depth and should generally be similar in overall size width and depth to adjacent and neighbouring residential lots”. The frontage of Part 1 is 32m and the proposed frontage for Part 2 is 48.603m. Town Staff has indicated that an Official Plan amendment is required for the proposed frontage of Part 1 and Part 2.
Response: Within the urban boundary of the Village of Queenston along York Road and the Niagara Parkway there are 74 properties designated Low Density Residential. Of those existing properties only 4 currently meet the frontage requirement of 60m and the lot depth of 45m. This represents 5.4% of the total number of existing properties and is not sufficient to form a planning basis for the frontage and depth required in the Queenston Plan. It is also noted that the Niagara River Parkway runs parallel to the Niagara River from the Old Town of Niagara through the urban area of the Village of Queenston, the urban area of Niagara Falls and the urban area of Fort Erie. Within these urban areas there are a variety of housing styles, frontages and lot depths. Outside of the urban areas the lot sizes increase and are generally one acre in size. This is not a choice of urban design but necessity size the lots outside of the urban area are on private services and require a larger lot size. Lands within the urban area are subject to the intensification policies of the Provincial Policy Statement and the Places to Grow Plan. Both these plans promote small lot sizes and the efficient use of municipal services. A lot with 60m of frontage and 45m of depth is 2700m2 in size or about 0.66 acres. It is hard to imagine how such a lot size can be considered to be consistent with the Provincial Plans. Finally it is well known that the residents of Queenston are opposed to any development. The Queenston Secondary Plan involved a significant public process and it is easy to imagine the residents suggesting the larger frontage and lot depth since it appears there is no oppourtunity to create such a lot in the Village.
The slope and valley lands are designated “Conservation” which only permits open space uses. Policy 4.1 describes the nature of the area as “Development in this designation is generally newer than that within the historic core of the Village”
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Policy 4.1 also states that “The density of development shall not exceed 6 units per acre (14 units per hectare) residential net density”. Based on this policy the minimum lot size required is 7260ft2 (674m2). The lot sizes proposed are Part 1 is 3600m2 and for Part 2 6740m2.
Policy 4.1further states that: “Building footprints of the combined principal and secondary structures shall be no greater than 15% of the lot area”. The lot sizes proposed are Part 1 is 3600m2 and for Part 2 6740m2. The building coverage permitted at 15% for Part 1 would be 540m2 (5812ft2) and for Part 2 1011m2 (10882ft2).
Policy 4.6 – Land Use Compatibility Policies of the Official Plan which applies to all of Niagara-on-the- Lake under Residential Neighbourhoods states that: “Neighbourhoods are stable but not static. There is a degree of change that occurs within neighbourhoods over time and the policies of this provide that this change will be appropriate and compatible within the Town’s neighbourhoods and throughout the entire Built-Up Area”.
The Official Plan then states that: “Notwithstanding the requirements for a severance, site plan, plan of subdivision, or plan of condominium, intensification development within the Built-Up Area should be compatible with surrounding existing and planned land uses as shown in the Land Use Schedules of this Plan. Intensification and/or redevelopment should be consistent with:
a) The existing and/or planned built form and heritage of the property and surrounding neighbourhood
Response: The Niagara Parkway curves as it approaches the subject property from the south and then curves again as the road heads north to the Old Town of Niagara. The surrounding land uses consist of single detached dwellings of varying sizes. The frontages vary and some of the lots have a significant depth. The subject property is the largest property in the area. The homes in the area are generally one to two stories in height and most were constructed in the 1960’s or earlier. A new home under construction abuts the subject lands to the east. There is one property of heritage value going south along the bend in the Niagara River Parkway. The Willowbank property is of significant heritage value and is well separated from the subject lands by a wooded ravine. Aside from the subject property there is very little oppourtunity to create new building lots.
b) The existing and/or planned natural heritage areas of the site and within the surrounding neighbourhood
Response: There is a wooded ravine that is located behind and to the east of the existing home at 14555 Niagara Parkway. The usable area for building (lands beyond the top of the bank) has been plotted in consultation with the Niagara Peninsula Conservation Authority. The lands below the top of the bank will remain undisturbed.
c) The existing and/or planned densities of the surrounding neighbourhood; and
Response: The surrounding lands uses are single detached dwellings. The Queenston Secondary Plan limits the density to 6 units per acre which translates into a minimum lot
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size of 7260ft2. The lot sizes proposed are Part 1- 3600m2 (38751ft2) and Part 2 - 6740m2 (72551ft2). Most of the subject lands is occupied by the wooded ravine which will not be disturbed. The lands above the top of the bank are sufficient to construct a dwelling consistent with the appearance and setting of the other existing homes in the area
d) The existing and/or planned height and massing of buildings within the surrounding neighbourhood
Response: The subject lands are zoned Established residential (ER2) Zone which allows a maximum building height of 10m. The surrounding neighbourhood consists of one and two storey dwellings and all appear to be within the 10m building height. Lot coverage is limited in the zoning by-law to 15%. No change to building height or lot coverage is proposed
e) Development proposals will demonstrate compatibility and integration with surrounding land uses by ensuring that an effective transition in built form is provided between areas of different development densities and scale. Transition in built form will act as a buffer between the proposed development and existing uses and should be provided through appropriate height, massing, architectural design, siting, setbacks, parking, public and private open space and amenity areas
Response: The proposal is an infill single detached dwelling. The use is permitted and other than a change in required frontage all of the provisions of the zoning by-law will be complied with. The surrounding neighbourhood consists of single detached dwellings of a similar size and scale to the home proposed on the subject lands There is no need for transition measures since the use is permitted and the provisions of the zoning by-law will be complied with.
f) Intensification and/or redevelopment shall be compatible and integrate with the established character and heritage of the area and shall have regard to:
Street and block patterns Response: The street and block pattern consists of single detached dwelling similar to that being proposed. The subject property is the largest in the area. The proposal to create a new lot will in fact bring the property into more conformity with the size of lots in the area.
Lot frontages, lot area, and depth Response: As noted above the subject property is the largest property in the area. In terms of frontage there is only one lot in the area aside from the subject property that has a frontage of 60m or more. The other lot is a pie-shaped lot at the bend where the Parkway heads south to Niagara Falls. The lot depth will not change and meets the Official Plan requirement of 45m
Building setbacks privacy and over view Response: The proposed dwelling will meet or exceed the setback requirements in the zoning by-law no change is proposed. The proposed lot is shielded from the abutting properties by the wooded ravine so an overlook onto abutting properties is not possible
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Lot grading and drainage Response: A lot grading and drainage plan will be prepared for the proposed lot and submitted at the time of building permit application.
Parking Response: The parking requirement contained in the zoning by-law is 2 spaces per unit for a single detached dwelling. One parking space can be stacked. More than sufficient land is available on site to meet the parking requirement
Servicing Response: Full municipal services are available with sufficient capacity
The Plan contains Urban Design Polices which state in part that: “It should be emphasized that this section of the document is to function as a guideline to achieve a high quality of built form and character objectives within the Village while at the same time maintaining the flexibility needed to achieve a healthy range of design expression and variation which will contribute to the continued diversity and uniqueness of the Village.” The Plan goes on to state that: “These elements are represented throughout this section of the document and create a point of reference to convey the intent of urban design recommendations to developers, members of Council and to members of the community”.
Policy 12.0 General Site Development Guidelines, policy 12.2 Building Orientation sub-policy states that: “Buildings will be orientated toward the public street in order to clearly define the public realm, create a consistent presence on and definition of the public street and to create an attractive environment for pedestrians”. The subject property has frontage on the Niagara River Parkway. The Niagara River Parkway is a scenic processional roadway and all the homes in the area that front onto the Niagara River Parkway face the Parkway. As such the new dwelling to be constructed will face the Niagara River Parkway.
Policy 12.3 states that: “General site landscaping, including street tree planting along the primary street frontage, and rear and side yard landscaping is encouraged on each lot”. The landscaping along the front yard should not be overstated and conceal attractive architectural elements of the proposed dwelling.
Policy 12.6 Building Setbacks describes the type of building setbacks to be encouraged. These setbacks have been implemented through the amending zoning by-law.
Policy 13 Built Form Guidelines contain the following polices of relevance to the subject property which apply to all buildings in the Village of Queenston and states that:
“Buildings in the Village should:
• Have low profile roofs with distinctive features such as gables and dormers.
• Have their primary entry from the public street or private street system
• Have windows facing the public street or private street system
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• Have well developed facades fronting the public street or private street system, especially corner buildings
• Exhibit exterior materials similar to those in the Village, including clapboard siding, stone and clay brick
• Exterior stucco as the principal exterior cladding is not encouraged on commercial buildings
• The use of wood windows and wood or stone lintels and sills are encouraged
• The addition of front or side porches and wraparound porches at corner buildings is encouraged.”
Section 13.3 Built Form Guidelines for Residential Use Areas contains the following relevant policies:
• Residential development should be massed to reflect and complement the scale and mass of existing residential neighbourhoods
• Front yards should be landscaped and fenced in the following manner:
• Front yard landscaping is encouraged to include paved stone or old brick walkways, low foundation plantings, and the planting of ornamental trees and street trees
• Vinyl clad fencing is not encouraged
• Front yard fencing should not exceed 1m in height and should be constructed of metal, wrought iron, or wood pickets
• Front yard porches and entry features are not subject to the building setbacks outlined above and may project beyond the principle structure by a maximum of 1.5m
• Side yard porches are permitted and subject to the building setbacks outlined above
• Parking is not permitted on the front yard within the public right of way”.
Tools for Implementation indicates that the primary control for the urban design features is through the Town’s Urban Design Committee and the Zoning By-law. The proposed new lot can meet all of the design guidelines and agrees that prior to a building permit the owner shall submit the plans to the Town’s Urban Design Committee.
Zoning By-law
The Town of Niagara-on-the-Lake Zoning By-law 4316-09 as amended zones the subject land Established Residential (ER2) Zone, which permits single detached dwellings. The minimum lot frontage required for lots fronting on the Niagara River Parkway with no Service Road access is 60m and the minimum lot area is 2700m2. The minimum lot area required is 2700m2 (29063ft2). The maximum lot
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LAND USE PLANNING IMPACTS AND STREETSCAPE ASSESSMENT
The subject property has sufficient area above the top of the bank of the ravine to accommodate the existing dwelling and a new home on the proposed lot. There will be no impact on the wooded ravine. Temporary construction fencing is recommended to prevent any disturbance to the wooded ravine. The new dwelling will be separated from the abutting property to the east by the ravine and abuts the existing to the east. There are no impacts to abutting properties as a result of a new home being placed on the proposed lot.
The existing streetscape consists of one and two storey single detached dwellings on large lots. Many homes are a ranch style one storey bungalows constructed in the 1960’s or 70’s. This type of single detached dwelling is today out of style and the lot size is not encouraged in today’s planning documents. Some homes are newer two storey construction which is the trend today. A new two storey home is currently under construction on the property to the east of the subject land. A dwelling proposed on the subject property of up to two storeys would fit in well with the surrounding streetscape.
The homes in the area do not offer any consistent architectural elements that should be repeated. As such the house design for the proposed lot can be creative but limited to two storeys in height. The front yard should be landscaped but not to the extent to screen the home from view. The homes along the Niagara Parkway are an important part of the attractiveness and scenic beauty of the Parkway.
The Town’s Zoning By-law, which was passed by Town Council and supported by Planning Staff, is the document that represents good land use planning in the community. The proposed dwelling will meet all the requirements contained in the Zoning By-law except for the frontage of 60m. As noted previously the requirement for 60m of frontage does not reflect the reality of lots in the area. In fact only 5% of all the lots in the area meet the 60m of frontage requirement. The percentage is not sufficient to justify the frontage requirement contained in the Official Plan.
The following urban design elements should be included in the design for the proposed dwelling:
• The proposed dwelling shall face the Niagara River Parkway • Landscaping along the front is encouraged but should not be overstated and conceal attractive architectural elements of the proposed dwelling. Vinyl clad fencing and unpainted pressure treated fencing should not be permitted
It is understood that the design of the proposed building will be subject to review by the Town’s Urban Design Committee which will consider the above noted urban design elements in its deliberations.
CONCLUSION
The proposal is to create a new building lot to the east of the existing dwelling at 14555 Niagara River Parkway. The proposal is consistent with the Provincial Policy Statement, the Places to Grow Plan and
PROFESSIONAL LAND USE PLANNING SERVICES September 2017
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This analysis has demonstrated that the size and shape of the proposed lot fits into the existing streetscape. There are no unique architectural elements in the area that need to be repeated. The proposed home should be substantial and add to the attractiveness of the Niagara Parkway. As previously noted the proposed home should face the Niagara Parkway and front yard landscaping is encouraged but should not be overstated so as to conceal the proposed home.
Should the application to amend the Official Plan and Zoning By-law be approved a consent application will then be submitted. The proposed consent can meet the criteria listed in Section 51(24) of the Planning Act.
Having reviewed all of the relevant planning documents and analyzed the site and situation of the subject property and noted no adverse planning impacts it must be concluded that the application represents good land use planning.
Respectfully submitted,
John Perry RPP
PROFESSIONAL LAND USE PLANNING SERVICES September 2017
LEGEND
Slope Profile A A Location
NOTES 1. This drawing should be read in conjunction with SOIL‐MAT ENGINEERS & CONSULTANTS LTD. Report No. SM 177354‐G.
2. Slope profile location is approximate.
SOIL‐MAT ENGINEERS & CONSULTANTS LTD.
Slope Stability Assessment Single Family Dwelling 14555 Niagara Parkway Queenston, Ontario
Slope Profile Location Plan
Project No. SM 177354‐G Date: April 2017 Drawn: KR Checked: KR SM 177354‐G Slope Profile Location Plan
Drawing No. 1 A Slope Stability Analysis 14555 Niagara Parkway Queenston, Ontario Slope Profile A-A 120.00 Upper Slope: 4.2H to 1.0V Middle Slope: 4.2H to 1.0V Lower Slope: 3.4H to 1.0V Overall Slope: 3.9H to 1.0V
110.00
Physical Crest of Slope
100.00 4.2H:1V 4.2H:1V Elevation [m] 3.4H:1V
90.00
80.00 0 102030405060 Distance [m] Project No.: SM 177354-G DRAWING No. 2 Slope Stability Analysis 14555 Niagara Parkway Queenston, Ontario Slope Profile B-B 120.00 Upper Slope: 3.2H to 1.0V Middle Slope: 3.5H to 1.0V Lower Slope 4.4H to 1.0V Overall Slope: 3.7H to 1.0V
110.00
Physical Crest of Slope
100.00 3.2H:1V
Elevation [m] 3.5H:1V 4.4H:1V
90.00
80.00 0 102030405060 Distance [m] Project No.: SM 177354-G DRAWING No. 3 Slope Stability Analysis 14555 Niagara Parkway Queenston, Ontario Slope Profile C-C 120.00 Upper Slope: 1.8H to 1.0V Lower Slope: 2.8H to 1.0V Overall Slope: 2.2H to 1.0V
110.00
~3.3m
Top of Stable Slope Physical Crest of Slope
100.00 1.8H:1V Elevation [m]
2.8H:1V
90.00
Stable Slope Allowance Erosion Allowance 2.3H to 1.0V 2m
80.00 0 102030405060 Distance [m] Project No.: SM 177354-G DRAWING No. 4 Slope Stability Analysis 14555 Niagara Parkway Queenston, Ontario Slope Profile D-D 120.00 Upper Slope: 1.7H to 1.0V Lower Slope 2.0H to 1.0V Overall Slope: 1.9H to 1.0V
110.00
~3.8m Top of Stable Slope Physical Crest of Slope
100.00 1.7H:1V 2.0H:1V Elevation [m]
90.00 Erosion Allowance 2m
Stable Slope Allowance 2.3H to 1.0V
80.00 0 102030405060 Distance [m] Project No.: SM 177354-G DRAWING No. 5
Slope Stability Analysis 14555 Niagara Parkway Queenston, Ontario Slope Profile C-C
105
1.448
100
95 Elevation 90
85
80 -10-50 5 101520253035 Distance Slope Stability Analysis 14555 Niagara Parkway Queenston, Ontario Slope Profile D-D
105
1.546
100
95 Elevation 90
85
80 -10-50 5 101520253035 Distance