Planning Justification Report
Proposed Official Plan and Zoning By-law Amendment Application
October 2019
349 George Street Port Stanley Municipality of Central Elgin
Prepared for:
Gerry Hensels 349 George Street Port Stanley, ON N5L 2T9
Prepared by:
Monteith Brown Planning Consultants 610 Princess Avenue, London, Ontario, N6B 2B9 T: (519) 686-1300 | F: (519) 681-1690 E: [email protected] | W: www.mbpc.ca PLANNING JUSTIFICATION REPORT
Proposed Municipal Official Plan Amendment and Zoning By-law Amendment 349 George Street Port Stanley, Municipality of Central Elgin
October 2019
Prepared for: Gerry Hensels 349 George Street Port Stanley, Ontario, N5L 2T9
Prepared by:
610 Princess Avenue, London, Ontario, N6B 2B9 T: (519) 686-1300 | F: (519) 681-1690 E: [email protected] | W: www.mbpc.ca PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
TABLE OF CONTENTS 1. INTRODUCTION ...... 4 1.1 Purpose ...... 4 1.2 Site Description ...... 5 1.3 Land Use Context ...... 7 1.4 Pre-Application Consultation...... 9 1.5 Previous Planning Applications ...... 9 2. DEVELOPMENT VISION ...... 10 3. TECHNICAL AND BACKGROUND STUDIES ...... 11 3.1 Environmental Impact Study ...... 11 3.2 Environmental Site Assessment...... 14 3.3 Site Distance Assessment ...... 15 3.4 Geotechnical Slope Assessments ...... 16 4. PLANNING FRAMEWORK AND ANALYSIS ...... 18 4.1 Provincial Policy Statement ...... 18 4.2 Kettle Creek Conservation Authority ...... 19 4.3 Elgin County Official Plan ...... 20 4.4 Municipality of Central Elgin Official Plan ...... 27 4.5 Village of Port Stanley Zoning By-Law ...... 33 5. PROPOSED PLANNING APPROVALS...... 35 5.1 Municipality of Central Elgin Official Plan Amendment ...... 35 5.2 Zoning By-law Amendment ...... 36 6. CONCLUSION...... 37 7. APPENDICES ...... 39 Appendix 1 References ...... 40
October 2019 Page 2 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
Under Separate Cover
Environmental Impact Study, Natural Resource Solutions Inc. Phase I Environmental Site Assessment, Exp Site Distance Assessment, Frank Berry and Associates Geotechnical Slope Assessment, Golder Associates Ltd. (2017) Geotechnical Slope Assessment, Golder Associates Ltd. (2019)
October 2019 Page 3 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
1. INTRODUCTION
1.1 Purpose
Monteith Brown Planning Consultants (“MBPC”) on behalf of our client and owner of the subject lands, Gerry Hensels, is pleased to submit an application for a local Official Plan Amendment and a Zoning By-law Amendment for the property known legally as Part of Lot 5, North Side of George Street West Side of William Street and Part of Lots 6, 7, and 8 North Side of George Street on Registered Plan 117, and known municipally as 349 George Street (“the subject lands”) to permit the severance of three lots from the existing property. (The subject lands are known as 349 George Street and as 353 George Street, but will be referred to as 349 George Street in this report.)
Our client previously submitted a Consent application for the subject lands (Application E12/18), which was schedule to be heard November 14, 2018 but was deferred by the Elgin County Land Division Committee at the applicant’s request.
This Planning Justification Report is intended to inform all three applications. The intent of this report is to analyze the land use planning merits of the proposed development to determine the appropriateness of the proposed amendments. The proposed development will be analyzed within the context of the surrounding community and the relevant planning documents, including the Provincial Policy Statement, the Elgin County Official Plan, the Municipality of Central Elgin Official Plan, and the Port Stanley Zoning By-law.
October 2019 Page 4 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
1.2 Site Description
The subject lands are located within the settlement area of Port Stanley, and have an area of approximately 1.2 Ha (2.96 acres), and approximately 125 metres of frontage along George Street. The site is irregularly shaped, with a depth of approximately 43 metres on the west side of the property, and a depth of approximately 145.9 metres on the east side of the property (see Figure 1, below). A recently-constructed one-storey dwelling and a detached garage with an accessory dwelling unit on the second floor are located on the western portion of the subject lands. The Draft Reference Plan Survey shows a small shed located to the northwest of the dwelling, which has since been removed. Both buildings were constructed in 2017. The area around the buildings has been cleared, but the majority of the subject land remains under tree cover. A driveway provides access to George Street from the dwelling and the workshop.
A low-lying ravine is located along the northwest property boundary of the site, with the elevation becoming greater towards the centre of the site, and then dropping off towards the southeast corner of the site.
As part of the Phase I Environmental Site Assessment, EXP Services Inc. reviewed historical aerial photographs, maps, and other records to determine the previous uses of the subject lands. The southwest corner of the site was first developed for residential purposes by 1945. At this time, the majority of the site appeared to be vacant land surfaced with grass and shrubs. The site was occupied by some small summer cabins until the 1970s, and the remaining area of the site appears to have been vacant until the construction of a residential home in 2017.
October 2019 Page 5 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
– Aerial Photo of the Subject Lands
Source: Google Earth, 2018 via Natural Resource Solutions Inc., 2018
October 2019 Page 6 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
1.3 Land Use Context
The subject lands are directly adjacent to single-detached residential dwellings to the east and west, vacant lands to the north, and George Street to the south.
The adjacent property to the north of the site was occupied by a bulk fuel outlet and oil gasification plant from the 1950s to the 1990s (#1 on Figure 2, below). It is now vacant and contains two stormwater ponds. The Phase I ESA identified that this property poses a low risk of potential environmental contamination to the subject lands, as the migration of contaminants to the subject lands is considered to be unlikely.
The surrounding area to the east and south of the site has historically consisted of forested lands and residential houses, with a small amount of commercial development near the intersection of Bridge Street and Carlow Road (#2). A review of aerial photographs as part of the Phase I ESA revealed that a former gasoline service station and automobile repair garages with underground storage tanks were located 170 metres southeast of the site near the northeast corner of George Street and William Street in the 1940s (#3). The Phase I ESA identified that this property also poses a low risk of environmental contamination to the subject lands. A second commercial area is located on the east side of the bridge (#4), and includes a theatre, restaurants, the Kettle Creek Marina, a drug store, and retail shops.
The area directly south of George Street consists of forested lands and residential homes. The Elgin Condo residential development (#5), and the Port Stanley Beach (#6) are located further to the south of the subject lands.
The area to the west of the site historically and currently consists of mixed residential and agricultural land use. A small cottage resort, Lost Amigos, is located to the west (#7). Wastell Homes recently received the necessary planning approvals to develop the Kokomo Beach Club, a major mixed-density residential community, on the large vacant parcel directly north of the Lost Amigos Cabins (#8).
October 2019 Page 7 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
– Regional Analysis
1 Former location of a bulk fuel outlet and oil gasification plan 2 Commercial area 3 Former location of a gasoline service station and automobile repair garages 4 Commercial area 5 Elgin Condos 6 Port Stanley Beach 7 Lost Amigos 8 Future site of the Seaglass residential development
Source: Monteith Brown Planning Consultants, 2019
October 2019 Page 8 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
1.4 Pre-Application Consultation
Prior to retaining MBPC, our client attended a pre-consultation meeting with County of Elgin Planning staff in April 2018 to discuss the proposed development. Our client informed us that County staff indicated that an Environmental Impact Study (EIS), an Environmental Site Assessment (ESA), and a Geotechnical Analysis would be required to support an application for a Municipal Official Plan Amendment to permit the proposed severance. Planning staff also indicated that some supporting documentation relating to road access and traffic would be required.
MBPC attended an additional meeting with County of Elgin staff on June 6, 2019, to identify the Municipality’s concerns regarding the traffic impacts associated with the proposed severance, and to determine the proper scope of a traffic study to address these concerns. At the meeting, staff confirmed that the primary concern with the proposed severances was the ability to provide safe stopping distances and sufficient sight lines for the two proposed lots on the east side of the property. It was also suggested that turn-around space be provided for cars on each lot, to avoid vehicles having to reverse off of, or on to, George Street.
County staff also confirmed that the results of the Geotechnical Study would be used to identify the boundary of the Natural Hazard Area and to determine the buildable area on the site. An Official Plan Amendment is not required to modify the ‘Natural Hazard Area’ boundary, as it is an overlay, not a land-use designation. It was also suggested that all required applications be filed concurrently, in order to give approval authorities a clear picture of the development vision for the site.
The EIS, ESA, and Geotechnical Analysis have been completed, and a Site Distance Assessment has been provided to address concerns raised by staff.
1.5 Previous Planning Applications
Prior to retaining MBPC, our client submitted a Zoning By-law Amendment application in late 2017 to permit a second residential unit in the form of a loft apartment above the detached garage on the subject lands. A public meeting to consider the proposed amendment was held on January 29, 2018, and the Zoning By-law Amendment was approved on February 26, 2018 (By-law No. 2231).
Our client also submitted a Consent application to sever three lots from the property prior to retaining MBPC, as noted above. Our client requested that Application E12/18 be deferred before the scheduled hearing on November 14, 2018. This request was granted by the Elgin County Land Division Committee, which noted that if no action was taken within one year from the date of deferral, the application would lapse. MBPC has requested that the consent applications be discussed at the January 2020 Land Division Committee meeting, to allow
October 2019 Page 9 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley) time for the necessary Official Plan and Zoning By-law Amendment applications to be submitted and considered by the Municipality of Central Elgin.
2. DEVELOPMENT VISION
Three lots are proposed to be severed from the subject lands, referred to in the Plan of Survey provided as Part 1, Part 3, and Part 4 (see the enclosed Draft Reference Plan and Figure 3, below). Part 2 is proposed to be retained, and includes the single-detached dwelling and accessory building currently located on the property. Parts 1, 3, and 4 are proposed to be used for future low-density residential development once severed from the existing property. All four proposed lots will have frontage on George Street.
Proposed Lot Severances (not to scale)
Source: Callon Dietz Inc., 2018
October 2019 Page 10 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
3. TECHNICAL AND BACKGROUND STUDIES
3.1 Environmental Impact Study
Natural Resource Solutions Inc. (“NSRI”) prepared an Environmental Impact Study (EIS) to address the potential impacts of the proposed lot severances on natural features and wildlife. The study area included the subject property and the surrounding lands within approximately 120 metres. NSRI found that the proposed lot severances are not expected to have an impact on the natural features and wildlife habitat within the subject property. The NSRI also addressed general residential use impacts as part of the impact analysis and found that overall impacts resulting from potential future residential development outside of the listed natural areas is expected to be minimal. The full study is included under separate cover, and the findings are summarized below.
Much of the natural area within the site consists of deciduous forest, along with a small meadow situated in the southeast portion of the property (see Figure 4). NSRI identified three Significant Wildlife Habitats that may be present in the study area, based on background information review, desktop analysis, and field studies: Bat Maternity Colonies, a Landbird Migratory Stopover habitat, and a Seeps and Springs habitat. NSRI noted that the removal of any trees with suitable bat habitat will require consultation with MNRF Aylmer District, and potentially bat exit surveys and/or SAR specific acoustic monitoring. It should be noted that suitable bat habitats were not observed within the subject area, but suitable roosting habitat may be present within the forest community. It is expected that the site serves as a Landbird Migratory Stopover habitat, due to the site’s proximity to Lake Erie, but detailed surveys were not completed as part of the EIS. The potential Seeps and Springs habitat is located north of the subject property, and should be easily avoided during any proposed development.
One pure Butternut tree, classified as Category 2: Retainable, is located in the far northeast portion of the subject property (see Figure 5). The area within a 50-metre buffer of the tree is to be treated as a Regulated Habitat, and any removal of vegetation from this area requires a permit from MNRF. The Regulated Habitat area is not expected to be impacted by any future development, as shown in Figure 5.
Further studies and permits may be required for the removal of trees and vegetation within the study area, particularly within the Regulated Habitat area. Further studies, permits, and/or monitoring for SAR may be required to be conducted in consultation with the Aylmer District MNRF.
October 2019 Page 11 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
– Site Context and Natural Heritage Features
Source: NRSI, 2018
October 2019 Page 12 DRAFT FOR DRAFT PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
REVIEW AND COMMENT AND REVIEW
– Butternut General Habitat Area
Source: NRSI, 2018
October 2019 Page 13 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
3.2 Environmental Site Assessment
Exp Services Inc. prepared a Phase 1 Environmental Site Assessment (ESA) for the subject lands in Fall 2018. The full report is included under separate cover, and the main findings are summarized below.
No areas of potential environmental concern or media and possible contaminants of concern were identified on the site. The ESA did identify two areas of potential environmental concern on nearby properties: a former bulk fuel outlet and oil gasification facility on an adjacent property to the north of the site, and a former gasoline service station and automotive repair garages on a property 170 metres southeast of the site, with underground storage tanks, as shown in Figure 6, below. Both of these properties pose a low risk of potential environmental contamination to 349 George Street, as the migration of contaminants is considered to be unlikely.
-- Areas of Potential Environmental Concern
Source: exp Services Inc.
October 2019 Page 14 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
3.3 Site Distance Assessment
F.R. Berry and Associates prepared a Sight Distance Assessment for the subject lands in July 2019, to assess whether driveways with adequate and safe sight distances could be provided for the proposed lots. In summary, it is feasible to provide individual driveway access to all three proposed lots. Sight distances to the east and west of Part 1 and to the east of Parts 3 and 4 are virtually unrestricted, and sight distances to the west of Parts 3 and 4 exceed minimum requirements. The full report is included under separate cover, and the main findings are outlined below.
In cases where sight distances for driveways may be restricted, the Ministry of Transportation (MTO) and the Transportation Association of Canada (TAC) provide guidelines for the minimum sight distances that should be provided, in accordance with posted speed limits and design speeds. The posted speed limit on George Street in the vicinity of the subject lands is 40 km/h, which means that a design speed of 50 km/h is used to determine the minimum stopping sight distance of 65 metres. The sight distance to the west of the proposed lot line for Parts 3 and 4 (shown as ‘Line A’ on Figure 7, below) is 110 metres, and the sight distance to the west of the eastern limit of the property (shown as ‘Line B’ on Figure 7) is 90 metres, which exceeds the MTO and TAC minimum requirement.
Sight Distances to the West of the Subject Lands
Source: F.R. Berry and Associates
October 2019 Page 15 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
The report also recommended that the proposed eastern lots be graded so the slope of each driveway on the approach to George Street is no more than 3%; there should be no obstructions to a line of sight located 3 metres from the edge of the paved road; and a turn- around area should be provided on each lot so that drivers are not required to reverse in or out of the driveway.
3.4 Geotechnical Slope Assessments
Golder Associates Ltd. conducted two Geotechnical Slope Assessments for the subject lands, one in October 2017, and one in October 2019. Both studies are included with this application, and summarized below.
The first Geotechnical study was undertaken in order to assess the stability of the slope on the western side of the site, provide geotechnical setback limits for the proposed dwelling (which has since been built on the lot proposed to be retained), and provide geotechnical comments on the potential impacts of the proposed works on the stability of the slope, as required by KCCA. The study area, toe of slope, top of slope, and geotechnical setback limits are shown on Figure 8, below. The slope within this area are considered to be marginally stable to stable, a toe erosion allowance was not considered necessary, and an overall slope inclination of 2.5H:1V is required to achieve a long-term stable slope.
The second Geotechnical study was undertaken in October 2019 to assess the stability of the slope on the eastern side of the property, and the feasibility of development for the proposed Parts 3 and 4. The report identified that the proposed lots on the east side of the site would be considered suitable for development, provided that geotechnical engineering recommendations are completed, subject to approval by the Kettle Creek Conservation Authority.
October 2019 Page 16 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley))
– Location Plan, Geotechnical Slope Assessment (2017)
Source: Golder Associates Ltd., 2017
October 2019 Page 17 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
4. PLANNING FRAMEWORK AND ANALYSIS
The following section will provide an overview and analysis of the existing planning framework, identify the key policies and by-laws that relate to the subject lands, and discuss the Municipal Official Plan and Zoning By-law Amendments required to permit the proposed development.
4.1 Provincial Policy Statement
The 2014 Provincial Policy Statement (“PPS”) provides policy direction on matters of provincial interest related to land use planning and development. Any decision by a planning authority that requires approval under the Planning Act “shall be consistent with” policy statements issued under the Act. The following section provides a brief outline of how the proposed development supports the PPS.
The proposed Official Plan and Zoning By-law Amendments and Consent will allow for the efficient and cost-effective development of the subject lands in a manner compatible with the surrounding land use context, in accordance with Policy 1.1.1 and Policy 1.1.3 of the PPS. The site is located within an existing ‘Tier 1 Settlement Area’ (as identified in the Elgin County Official Plan), with adequate transportation and servicing capacity to support the majority of new growth within the municipality (Policy 1.1.1 e), Policy 1.6.6). The property is unusually large in comparison with the residential lots to the east, west, and south, and can be severed into four separate lots intended for low-density residential development without disrupting the fabric of the existing neighbourhood (Policy 1.1.3.4). Furthermore, the proposed development will improve the vitality of Port Stanley through the addition of three residential dwellings within a short walk of many local businesses, as well as the Port Stanley Beach (Policy 1.1.3.1).
An Environmental Site Assessment and an Environmental Impact Assessment have been prepared and submitted as part of this application to address potential concerns about possible environmental contaminants on the subject lands, as well as potential negative environmental impacts associated with development (Policy 2.1.1 and Policy 2.1.3). The reports did not identify any environmental or public health and safety concerns that may arise as a result of the proposed development, as discussed further in Section 3 of this report.
The subject lands, along with the entire community of Port Stanley, are located within an ‘Aggregate Resource Area’, as identified in the Elgin County Official Plan and the Municipality of Central Elgin Official Plan. The Provincial Policy Statement identifies that mineral aggregate resources “shall be protected for long term use” (Policy 2.5.1). However, the PPS permits development activities “which would preclude or hinder the establishment of new operations or access to the resources” if: “the resource use would not be feasible; the proposed land use
October 2019 Page 18 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley) or development serves a greater long-term public interest; and issues of public health, public safety and environmental impact are addressed” (Policy 2.5.2.5). Resource extraction would not be feasible in this location because the site has already been developed for residential purposes, and the subject lands are located within a designated Settlement Area near sensitive Natural Heritage Features. There are no existing aggregate operations on or near the subject lands that could create public health and safety issues for future residents.
Schedule ‘G’ of the Municipality of Central Elgin Official Plan identifies that a ‘Natural Hazard Overlay’ is located over a portion of the site. Policy 3.1.1 c) of the PPS directs development away from “hazardous sites”, which are defined as “property or lands that could be unsafe for development and site alteration due to naturally occurring hazards”, including unstable soils (Section 6.0).
To address this policy, a topographic survey and two Geotechnical Slope Assessments were undertaken to identify the stable slope limit and the developable area on each of the proposed lots. The results of each study are discussed in detail in Section 3, above. In brief, the 2017 Geotechnical Slope Assessment identified a Geotechnical Setback Limit for the west side of the site, and identified that an overall slope inclination of 2.5H:1V would be required to achieve a long-term stable slope. The 2019 Geotechnical Slope Assessment (also prepared by Golder Associates Ltd.) identified that the proposed lots on the east side of the site would be considered suitable for development, provided that geotechnical engineering recommendations are completed and subject to approval by the Kettle Creek Conservation Authority.
In light of the above, the proposed planning approvals are consistent with the Provincial Policy Statement.
4.2 Kettle Creek Conservation Authority
The subject lands, along with almost the entire community of Port Stanley, are located within a Kettle Creek Conservation Authority (KCCA) Regulated Area, as identified on Figure 9, below. Written permission from the KCCA will be required prior to site alteration and/or development on the three proposed lots (Ontario Regulation 181/06). No site alteration is proposed at this time, and as such, KCCA approval is not necessary to permit the proposed severances.
In cases where permission is required for development on or adjacent to steep slopes, KCCA requires a slope stability study and erosion analysis prepared by a qualified professional, as well as a site restoration plan. Any structures built on or adjacent to steep slopes must be designed by a qualified engineer. It should be noted that the KCCA previously granted permission for a dwelling to be constructed on the subject lands, and our client has undertaken
October 2019 Page 19 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley) two geotechnical studies to assess the stability of the slope on the property, as discussed in Section 3.4, above.
– Kettle Creek Regulated Area Mapping
Source: Elgin Mapping, 2019
4.3 Elgin County Official Plan
Schedule ‘A’ of the County of Elgin Official Plan (“County OP”) identifies that the subject lands are located in a ‘Tier 1 Settlement Area’, where the majority of new growth in the County is to be directed (see Figure 10, below) (s.s. B2.5 d)). The proposed development is located within the existing built-up area, adjacent to existing low-density residential development to the east, west, and south. The proposed development conforms to the County OP Objectives for Residential Areas, listed in s.s. C.1.1.1, as it will “maintain and enhance the character and identity of existing residential areas” and “promote the efficient use of existing and planned infrastructure by supporting opportunities for various forms of residential intensification, where appropriate”.
The County OP defines “residential intensification” as “intensification of a property, site, or area which results in a net increase in residential units or accommodation and includes: […] b) the development of vacant or underutilized lots within previously developed areas”. The
October 2019 Page 20 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley) proposed development conforms with this definition, as the property is much larger than the surrounding residential lots, and could accommodate additional low-density residential development through severances without altering the existing neighbourhood character.
– Excerpt from Schedule ‘A’ Land Use, Elgin County Official Plan
Source: Schedule ‘A’ Land Use, Elgin County Official Plan
Schedule ‘C’ of the County Official Plan identifies that the subject lands, along with the entire community of Port Stanley, are located within a ‘Aggregate Resource Area’ (see Figure 11, below). Development within Aggregate Resource Areas is permitted when applications are “accompanied by appropriate studies that demonstrate that resource use would not be feasible, the proposed land uses or development serves a greater long-term public interest; and issues of public health, public safety, and environmental impact have been addressed” (Section C 4.3.5.1). As noted in Section 4.1, above, resource use would not be feasible in this location because the subject lands are located within a designated Settlement Area near sensitive Natural Heritage Features, and the site has already been developed for residential purposes.
October 2019 Page 21 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
– Excerpt from Schedule ‘C’ Aggregate and Petroleum Resource Areas, Elgin County Official Plan
Source: Schedule ‘C’ Aggregate and Petroleum Resource Areas, Elgin County Official Plan
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Appendix Map 1 identifies that a portion of the site is located within the ‘Woodlands’ resource area (see Figure 12, below). The boundaries of Woodlands and environmental features identified on the County OP schedules are considered to be imprecise, and subject to change (Section F10.2). The County does not permit development and site alteration within or adjacent to significant natural heritage features “unless it has been demonstrated through an Environmental Impact Study that there will be no negative impacts on the natural features or their ecological functions” (Section D1.2.6). An EIS has been completed, and found that the proposed lot severances are not expected to have an impact on the natural features and wildlife habitat within the subject property. The full results of the EIS are discussed in Section 3.1, above.
– Excerpt from Appendix #1 Natural Heritage Features
Source: Appendix #1 Natural Heritage Features, Elgin County Official Plan
The County Official Plan permits the creation of new lots by consent if the severance conforms to the relevant policies in the County Plan, the local Plan, and the provisions of the Planning Act (Section E1.2.3). Section E1.2.3.1 of the County OP lists the general criteria for consents:
October 2019 Page 23 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley) a) fronts on and will be directly accessed by a public road that is maintained on a year-round basis
All three proposed lots will have direct access onto George Street, a Municipal Collector Road. b) does not have direct access to a Provincial Highway or County Road, unless the Province or the County permits a request for access
The subject lands do not have direct access to a Provincial Highway or County Road. c) will not cause a traffic hazard
F.R. Berry and Associates have assessed the available sight distances for the three new proposed driveway access points, and have found that individual access to the proposed lots is feasible, as sight distances exceed the recommended minimum requirements (the existing dwelling was not evaluated, as the access already exists). A copy of the report is enclosed with the application under separate cover. d) has adequate size and frontage for the proposed use in accordance with the local municipal Zoning By-law
Due to site-specific constraints, the proposed lot frontages for Parts 1, 3, and 4 are below the minimum standards for Residential Zone 1 lots. In accordance with Policy E1.2.3.1 e) of the County OP (described below), a Zoning By-law Amendment is proposed to rezone the three new lots with special provisions to allow for minimum lot frontages of approximately 18 m. e) notwithstanding d) above, where a zoning by-law amendment or minor variance is required, approval of such amendment or variance shall be included as a condition of the approval of the consent
As noted above, a Zoning By-law Amendment is proposed to permit site-specific lot dimensions for the proposed lots. f) can be serviced with an appropriate water supply and means of sewage disposal, provided there is confirmation of sufficient reserve sewage system capacity and reserve water system capacity within municipal sewage services and municipal water services;
The subject lands are located within a ‘Tier 1 Settlement Area’ with full municipal services, as identified in the Elgin County Official Plan.
October 2019 Page 24 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley) g) will not have a negative impact on the drainage patterns in the area;
The proposed development will not have a negative impact on drainage patterns in the area. NRSI provided comments on water drainage patterns on the lot and suggestions on how to maintain existing surface water drainage patterns after development, including: avoiding excessive compaction activities adjacent to the woodland area; applying topsoil to an approximate depth of 30cm; incorporating opportunities for groundwater infiltration into the development design; and considering permeable pavement options.
In their most recent Geotechnical Slope Assessment for the subject lands, Golder Associates Ltd. recommended that site grading and drainage should be designed to prevent the discharge of water over the slope, and suggested that stormwater should be collected and directed in a buried pipe from north to south to connect to stormwater drains along George Street. h) will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan;
The proposed consent is intended to facilitate the development of the subject lands in a manner compatible with the surrounding neighbourhood, and is not anticipated to restrict the development of any other parcels of land. i) will not have a negative impact on the significant features and functions of any natural heritage feature; in this regard, lots should be restricted in size in order to conserve other lands in larger blocks for natural heritage purposes;
An Environmental Impact Study (EIS) found that the proposed lot severances are not expected to have an impact on the natural features and wildlife habitat within the subject property, and overall impacts resulting from potential future residential development outside of listed natural areas is expected to be minimal. The proposed lots are restricted in size in order to accommodate the General Habitat Area of the Butternut tree in the northeast corner of the property. Further details on the study findings are listed in Section 3.1. j) will not have a negative impact on the quality and quantity of groundwater available for other uses in the area
The subject property is not located within an Intake Protection Zone or Wellhead Protection Area, as indicated in the Municipal Official Plan, so the proposed development is not anticipated to have a negative impact on groundwater quality and quantity.
October 2019 Page 25 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley) k) will not have an adverse effect on natural hazard processes such as flooding and erosion
The subject lands are not located within a floodplain. Golder Associates Ltd. (“Golder”) has conducted two separate Geotechnical Slope Assessments on the subject lands to evaluate the slope stability of the site and potential for erosion.
The first assessment, conducted by Golder in 2017, identified a geotechnical setback limit for the west side of the site (Parts 1 and 2), 6 metres upslope from the top of the stable slope. Toe erosion was not observed at the site inspection, so a toe erosion allowance was not considered necessary.
Golder Associates Ltd. provided an updated Geotechnical Slope Assessment report in October 2019, and identified that an overall slope inclination of 3.0H:1V would be required to achieve a long-term stable slope for future developments on the proposed lots on the eastern side of the property. Provided that the geotechnical engineering recommendations in the report are completed during the regrading work, Golder concluded that the proposed lots would be considered to be suitable for development, subject to approval by the Kettle Creek Conservation Authority. Please see Section 3.4 of this report for further discussion. l) conform with the local Official Plan
The proposed planning approvals conform to the general intent and purpose of the Municipality of Central Elgin Official Plan, as discussed in Section 4.4, below. A site- specific local Official Plan Amendment is proposed to permit the severance of the subject lands. m) will conform to Section 51(24) of the Planning Act, as amended.
The proposed severance has regard for and conforms to the criteria listed in Section 51(24) of the Planning Act, as discussed throughout this report.
In light of the above, the proposed severance, Official Plan Amendment, and Zoning By-law Amendment conform to the intent and purpose of the County Official Plan.
October 2019 Page 26 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
4.4 Municipality of Central Elgin Official Plan
The subject lands are located within the ‘Urban Settlement Area’ of Port Stanley, as indicated on Schedule ‘1’ of the Municipality of Central Elgin Official Plan (‘Local OP’). The Local OP identifies that Urban Settlement Areas “will be the focus of urban growth in Central Elgin,” and encourages residential intensification within built-up areas where full services exist (s.s. 2.1.1.1 a), s.s. 2.3.2.1).
Schedule ‘G’, the ‘Community of Port Stanley Land Use Plan’, designates the subject lands as ‘Natural Heritage’ with a ‘Natural Hazard’ overlay on the northern portion of the site that identifies the approximate limits of valleylands (see Figure 13, below).
The ‘Natural Heritage’ designation permits a variety of open space-related uses, including but not limited to “passive open space, walking/biking trails, and forest and resource management uses” (s.s. 3.1.1). New permitted uses in ‘Natural Heritage’ designations may only be permitted if an Environmental Impact Study demonstrates “that there will be no negative impacts to the natural heritage features and/or their ecological functions”. An EIS was completed, and found that the overall impacts resulting from potential future residential development outside of listed natural areas is expected to be minimal, as noted above and in Section 3.1 of this report.
Schedule G identifies that the proposed lots are located within 30 metres of the Natural Hazard area, and therefore a geotechnical analysis is required to identify the exact location of the Erosion Hazard Limit before development can take place (s.s. 3.2.2. b)). The policies associated with the ‘Natural Hazard’ overlay are intended to be applied “in conjunction with the policies of the underlying land use designation”, rather than superseding them, and the boundaries of the natural hazard may be refined through an area-specific study, without the need for an Official Plan Amendment (s.s. 3.2).
Our client retained Golder Associates Ltd. to conduct two geotechnical slope assessments along the north side of the property to identify the actual limit of the Natural Hazard Area, and the results are summarized in Section 3.4 of this report. As noted above, the 2017 assessment identified a geotechnical setback limit for the west side of the site, 6 metres upslope from the top of the stable slope. A dwelling can be built on the southern portion of Part 1 without being located within the Natural Hazard Area, subject to the approval of the Kettle Creek Conservation Authority (KCCA). The 2019 Geotechnical Slope Assessment identified that the proposed lots on the east side of the property would be considered suitable for development, provided that the recommended geotechnical engineering works are undertaken and subject to approval by the KCCA. It is proposed that the boundary of the Natural Hazard Area overlay be adjusted to reflect these findings, as discussed in Section 5.1, below.
October 2019 Page 27 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
-- Excerpt from Schedule ‘G’ – Community of Port Stanley Land Use Plan
Source: Schedule ‘G’ Community of Port Stanley Land Use Plan, Municipality of Central Elgin Official Plan
Schedule ‘A2’ of the Local OP identifies that the subject lands are located within a ‘Wooded Area’, where “development shall be carried out in a manner that encourages the conservation, protection and management of woodlands” (s.s. 3.1.1.2) (see Figure 14). The EIS carried out by Natural Resources Solutions Inc. identified that minimal impacts on natural heritage features are expected as a result of the proposed residential development, and identified the actual southern limit of the woodland on the property and the General Habitat buffer area for the existing butternut tree in the northeast corner of the property. The results of the EIS are discussed further in Section 3.1, above.
The northern portion of the site is located within an ‘Area of Potential Aggregate Resource’, as indicated on Schedule ‘A3’ and Figure 15, below. The aggregate resource overlay is not a land use designation, and as such, the policies of the underlying land use designation identified on the Land Use Schedule take priority (Section 3.5.1). The subject lands are located within a designated Settlement Area, and have already been developed for residential uses, so resource extraction would not be feasible.
October 2019 Page 28 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
-- Excerpt from Schedule ‘A2’ Environmental Features
Source: Schedule ‘A2’ Environmental Features, Municipality of Central Elgin Official Plan
-- Excerpt from Schedule ‘A3’ Environmental Features
Source: Schedule ‘A3’ Environmental Features, Municipality of Central Elgin Official Plan
October 2019 Page 29 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
The proposed severance complies with the Consent policies of the Local OP, as listed in Section 5.3.9.1: a) A consent should only be considered where a plan of subdivision is deemed to be unnecessary, and the consent will not result in the creation of five or more new lots to be created from a single, original parcel of land existing at the time of adoption of this Plan.
In accordance with Section 5.3.8.1 d), a Plan of Subdivision is unnecessary to permit the proposed development, as no new roads or road extensions are required, and only three new lots will be created from a single original parcel of land. County of Elgin planning staff also indicated that a consent application would be sufficient to permit the proposed development in an April 2018 Pre-Consultation meeting. b) A consent for technical or legal purposes, such as a boundary adjustment, easement or right-of‐way. The lots that are the subject of the application and any retained lands will comply with the Zoning By‐law, or the consent will be conditional on a successful Zoning By‐law amendment or Minor Variance.
The proposed consent is not being undertaken for technical or legal purposes, so this policy does not apply. c) In evaluating consent applications in all land use designations of the Plan, the following general policies will apply, in addition to the other policies of this Plan:
1. Lots created by consent, both severed and retained, will have frontage on and access to an open, improved public road, which is maintained to a Municipal Standard as set out in Section 2.8.5.1 to this Plan;
All four proposed lots will have frontage on and access to George Street, a Municipal Collector Road.
2. Lots will not be created which would access onto a road where a traffic hazard would be created due to limited sight lines;
As noted above, the sight distances for the proposed lots exceed the minimum requirements recommended by MTO and the Transportation Association of Canada.
3. Any required road widening, improvements or extensions to existing rights‐of‐way may be required as a condition of severance approval;
Road widenings, improvements, or extensions to existing rights-of-way are not required.
October 2019 Page 30 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
4. Consents will not restrict the development of other parcels of land, particularly the provision of access to allow the development of remnant parcels.
The proposed consent is not anticipated to restrict the development of the subject lands or any other parcels of land, as the surrounding lands are already developed. The proposed consent is intended to facilitate the development of the subject lands in a manner compatible with the surrounding neighbourhood.
5. Lots created by consent, both severed and retained, will have an adequate lot size for existing and proposed uses considering the level of services available and the soil conditions, and will allow for the development of a use which is compatible with adjacent uses by providing for sufficient setbacks from neighbouring uses;
The proposed lots will be adequately sized and serviced for the development of single- detached dwellings, in a manner compatible with neighbouring land uses. The proposed lot layout will provide sufficient setbacks from neighbouring properties on George Street.
6. Lot created by consent will comply with the provisions of the Zoning By‐law. Where it is not possible to meet the standards of the Zoning By‐law, Central Elgin may amend the standards in the By‐law or a Minor Variance may be granted as a condition of approval, where it is considered appropriate;
The required minimum lot frontages for the R1 zone vary between 40 feet (12 metres), 75 feet (22.9 metres), and 100 feet (30.48 metres) (s.s. 9.2.1.4). It is not clear from the text of the Zoning By-law which minimum lot frontage measurement would apply to the proposed lots. As such, it is anticipated that a Zoning By-law Amendment will be required to re-zone the lots FROM ‘R1-69’ TO ‘R1-*’, with a special provision to allow for minimum lot frontages of 18 metres (comparable to the existing parcel fabric in the surrounding area). The proposed Zoning By-law Amendment is discussed further in Sections 4.5 and 5.2 of this report.
7. A hydrogeological study to confirm the adequacy of soil conditions, hydrogeological suitability, and suitability for potential future private services may be required; and
At the April 2018 Pre-Consultation Meeting, staff did not indicate that a Hydrogeological study would be required to support the proposed planning approvals.
8. The parkland dedication policies of Section 2.5.1.2 will apply to approved consents.
As noted below, it is anticipated that the Land Division Committee will identify an appropriate payment-in-lieu of parkland dedication.
October 2019 Page 31 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley) d) For a consent application, Central Elgin, in consultation with the Land Division Committee, may request that the Land Division Committee require the following conditions of approval for the severed lot(s) and/or retained lot where such conditions are deemed appropriate: 1. Payment of taxes; 2. Payment of development charges; 3. Payment of drainage and local improvement charges; 4. Provisions for connection to the municipal water or sanitary sewage systems; 5. Provisions for stormwater management; 6. Road dedications and improvements; 7. Parkland dedications or payment‐in‐lieu; 8. Approval of a Zoning By‐law amendment or Minor Variance; 9. Site Plan approval; and 10. Other technical matters deemed appropriate.
It is anticipated that the Land Division Committee will identify appropriate Conditions of Approval for the proposed severance after reviewing the application, and the applicant will work with the Land Division Committee to meet these conditions. e) Consents intended for development purposes will not be permitted under the following circumstances:
1. The land is located within any Natural Heritage Feature, and a suitable building envelope cannot be supported through the evaluation of an Environmental Impact Study
Schedule ‘G’ of the Local OP identified that the subject lands are located within a Natural Heritage Feature. As a result, an EIS was undertaken to assess the potential impact of the proposed severances and residential development in general. The results are discussed in Section 3.1 above, and the report is included in Appendix 3. In brief, the EIS does not anticipate negative impacts to Natural Heritage Features as a result of the proposed severance or from residential development generally. It is proposed that area to the south of the identified FOD limit be re-designated from ‘Natural Heritage’ to ‘Residential’, as discussed in Section 5.1, below.
2. The land is located in a Natural Hazard Area as identified in this Plan;
It is proposed that the Natural Hazard Area boundary on the subject lands be adjusted to reflect the findings of both Geotechnical studies and to permit development on the subject lands, as discussed above. A small portion of the proposed lot on the west side of the site is located within the Natural Hazard Area, but it is anticipated that any development will take place outside of the Geotechnical Setback Limit, as identified by Golder Associates Ltd. in their 2017 report.
October 2019 Page 32 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
3. Provincial, County or Municipal transportation objectives, standards or policies cannot be maintained; or
The additional proposed driveways are not anticipated to interfere with or undermine any transportation objectives, standards, or policies, as adequate sight distances can be provided for the driveways of the proposed lots.
4. The severed and retained parcels cannot be provided with an adequate level of service.
The subject lands are located within the Urban Settlement Area of Port Stanley, which has adequate levels of municipal servicing to support the proposed development.
A municipal Official Plan Amendment is proposed to re-designate the southern portion of the subject lands FROM ‘Natural Heritage’ TO ‘Residential’, following the boundaries of the FOD area and the butternut tree general habitat area established in the EIS, to permit the construction of single-detached dwellings on the proposed lots. In light of the above analysis, the proposed amendment and the proposed development are consistent with the general intent and purpose of the local Official Plan.
4.5 Village of Port Stanley Zoning By-Law
The subject lands are zoned as ‘Residential Zone 1-69’ (‘R1-69’), which permits residential uses, an apartment dwelling located within the existing detached garage, institutional uses lawfully existing on the day of passing of the By-Law, home occupations, and accessory uses. The subject lands were recently re-zoned from Residential Zone 1 (‘R1’) to R1-69 to permit an apartment dwelling within the existing detached garage, as shown in Figure 16 below.
The parent R1 zone permits lots with a minimum depth of 100 feet, or 30.48 metres (s.s. 9.2.1.5). The required minimum lot frontages for the R1 zone vary between 40 feet (12 metres), 75 feet (22.9 metres), and 100 feet (30.48 metres) (s.s. 9.2.1.4). To determine which minimum lot frontage to use, the Zoning By-law directs the reader to refer to subsections 9.2.1.3.1, 9.2.1.3.2, and 9.2.1.3.3, which appear to have been deleted from the By-law.
It is anticipated that a Zoning By-law Amendment will be required to re-zone the lots FROM ‘R1-69’ TO ‘R1-*’, with a special provision to allow for minimum lot frontages of 18 metres, which is comparable to the existing parcel fabric in the surrounding area, as shown on the Elgin County Mapping website. For example, three of the four lots on the north side of George Street (west of the subject lands) have frontages of approximately 18 metres. The four
October 2019 Page 33 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley) properties to the south of George Street and the subject lands also have lot frontages ranging from approximately 16 metres to 20 metres.
As noted above, the current zoning on the site permits an apartment located within an existing detached garage, in addition to the standard permitted residential uses. This use is not proposed to be retained in the R1-* zone.
Based on the above discussion, the proposed Zoning By-law Amendment is consistent with the general intent and purpose of the Village of Port Stanley Zoning By-law.
– Schedule ‘A’, By-law No. 2231
Source: Schedule ‘A’ to By-law No. 2231, Village of Port Stanley Zoning By-law
October 2019 Page 34 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
5. PROPOSED PLANNING APPROVALS
5.1 Municipality of Central Elgin Official Plan Amendment
On behalf of our client, MBPC is proposing a site-specific amendment to the Municipality of Central Elgin Official Plan to re-designate the southern portion of the subject lands FROM ‘Natural Heritage’ TO ‘Residential’, following the boundaries of the FOD area and the butternut tree general habitat area established in the EIS, to permit the construction of single- detached dwellings on the proposed lots. The lands on the northern portion of the subject lands would remain designated as ‘Natural Heritage’, as shown in Figure 16 below. It should be noted that although the rear portion of the proposed western lot will remain designated as ‘Natural Heritage’, NSRI found that the proposed lot severances are not expected to have an impact on the natural features and wildlife habitat within the subject property.
The ‘Natural Hazard’ overlay is not a land-use designation, and as such, an Official Plan Amendment is not required to adjust the boundaries of the overlay to permit development. As part of the approvals process, it is proposed that the Natural Hazard overlay be adjusted to reflect the findings of the geotechnical studies, with the understanding that geotechnical engineering recommendations must be completed prior to development, and any works on the site are subject to approval by KCCA.
October 2019 Page 35 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
– Proposed Local Official Plan Amendment
Source: NRSI Inc., 2018 and MBPC, 2019
5.2 Zoning By-law Amendment
On behalf of our client, MBPC is also proposing a site-specific amendment to the Port Stanley Zoning By-law to zone the three proposed new lots FROM ‘Residential Zone 1-69’ TO ‘Residential Zone 1-*’ (‘R1-*’) with a special provision to allow for minimum lot frontages of 18 metres, as discussed in Section 4.5, above. The proposed lot frontages are similar to those of existing residential lots in the area. The R1-69 zone permits an apartment located within an existing detached garage, in addition to the standard permitted residential uses. This use is not proposed to be retained in the R1-* zone.
October 2019 Page 36 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
6. CONCLUSION
In order to permit the proposed consent, and to implement the findings of the EIS and Geotechnical studies, a local Official Plan Amendment is proposed to re-designate the southern portion of the subject lands FROM ‘Natural Heritage’ TO ‘Residential’, following the southern boundary of the FOD area and butternut tree habitat identified in the EIS. A Zoning By-law Amendment is also proposed to allow for site-specific lot dimensions for residential lots within the ‘R1’ zone.
The proposed Official Plan Amendment and Zoning By-law Amendment are consistent with the Provincial Policy Statement, conform to the Elgin County Official Plan, maintain the general intent and purpose of the Municipality of Central Elgin Official Plan and the Port Stanley Zoning By-law, and represent sound land-use planning.
The appropriate studies have been undertaken to ensure that the proposed development will not have a negative impact on the natural environment, or pose a risk to public health and safety. The proposed amendments and consent provide an excellent opportunity for residential intensification that is compatible with the surrounding neighbourhood context within the Port Stanley Settlement Area.
The following materials were submitted along with this report: • Two (2) copies of the municipal Official Plan Amendment application form; • Two (2) copies of an Official Plan Amendment sketch of the subject lands; • Two (2) copies of the Zoning By-law Amendment application form; • Two (2) copies of a Zoning By-law sketch of the subject lands; • Two (2) copies of the Authorization of Agent form; • One (1) cheque for the Official Plan Amendment and Zoning By-law Amendment fees in the amount of $750, made payable to ‘The Municipality of Central Elgin’; • Four (4) copies of a Draft Reference Plan for the subject lands, • Four (4) copies of a Topographic Survey of the east side of the subject lands; • Four (4) copies of a Topographic Survey of the west side of the subject lands; • Four (4) copies of an Environmental Impact Study, • Four (4) copies of an Environmental Site Assessment, • Four (4) copies of the Site Distance Assessment; • Four (4) copies of the 2017 Geotechnical Slope Assessment; and • Four (4) copies of the 2019 Geotechnical Slope Assessment.
October 2019 Page 37 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
Electronic copies will be submitted via email. We trust that the enclosed information is satisfactory to address the submission requirements and look forward to working with staff to advance the application in a timely manner. If you have any questions regarding these applications or require any additional information, please do not hesitate to contact me.
Respectfully Submitted,
MONTEITH BROWN PLANNING CONSULTANTS
, ______
Jay McGuffin, MCIP, RPP Vice President, Principal Planner [email protected]
JMc:hs
October 2019 Page 38 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
7. APPENDICES
October 2019 Page 39 PLANNING JUSTIFICATION REPORT 349 George Street Municipality of Central Elgin (Port Stanley)
Appendix 1 References
Government of Ontario. (2014). Provincial Policy Statement.
Elgin County. (2015). Official Plan.
Municipality of Central Elgin. (2013). Official Plan.
Village of Port Stanley. (1968). Zoning By-law #1507.
October 2019 Page 40