THE OFFICIAL PLAN
OF THE
ST. CATHARINES PLANNING AREA
OFFICE CONSOLIDATION
This edition is prepared for purposes of convenience only, and for accurate reference recourse should be had to the Official Plan filed in the office of the City Clerk and in the Registry Office of Niagara North.
For convenience purposes, all references to Provincial Statutes in this Office Consolidation are the Planning Act, R.S.O. 1990, c.P. 13, as amended.
Updated June 2010
APPROVAL INFORMATION
The Official Plan of the St. Catharines Planning Area was adopted by the Corporation of the City of St. Catharines by By-law No. 71-67 in accordance with Section 17 of the Planning Act, R.S.O. 1990, c.P.13, as amended on April 19, 1971.
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"Since that time several amendments were undertaken in response to changing social and economic conditions and in response to Provincial legislation."
"In 1993 Council approved a review of the Official Plan in accordance with Section 26 of the Planning Act. The Official Plan of the St. Catharines Planning Area was revised as a result of this review and the Plan was adopted by the Corporation of the City of St. Catharines on April 14, 1997 by By-law No. 97-107 in accordance with Section 17 of the Planning Act, R.S.O. 1990, c.P. 13, as amended.
On September 28, 1998 the Regional Municipality of Niagara approved with modifications and deferrals the Official Plan of the City of St. Catharines Planning Area.
On December 16, 1998 the Regional Municipality of Niagara approved Deferrals No. 3, 4 and 5 to the Official Plan of the City of St. Catharines Planning Area.
On March 12, 1999 the Regional Municipality of Niagara approved the lifting of Deferrals #1 and #2 to the Official Plan of the City of St. Catharines Planning Area.
TABLE OF CONTENTS PAGE NO.
SECTION 1 PURPOSE AND EXPLANATION………………………………
Purpose Of Official Plan...... Community Goal Statements ...... Duration Of Plan...... Relationship To Regional Policy Plan ...... Explanation Of Terms......
SECTION 2 GENERAL LAND USE PROVISIONS......
Settlement Patterns...... Locational Context…………………………………………………. Planning Divisions………………………………………………….
SECTION 3 HOUSING AND RESIDENTIAL ENVIRONMENT…………..
Permitted Uses……………………………………………………… Supply Of Lands……………………………………………………. Location, Site And Form Guidelines………………………………. General Residential Policies……………………………………….. Alternative Forms Of Housing…………………………………….. Monitoring Policies………………………………………………... Exceptions…………………………………………………………..
SECTION 4 ECONOMIC ACTIVITIES………………………………………
Industry:……………………………………………………………. Permitted Uses – Industrial………………………………… Permitted Uses - Mixed Industrial-Commercial …………… General Policies……………………………………………. Locational Criteria…………………………………………. Design Criteria………………………………………………
Commerce:…………………………………………………………. Permitted Uses – Commercial……………………………… Permitted Uses - Mixed Commercial-Residential …………. General Policies……………………………………………. Locational Criteria…………………………………………. Design Criteria………………………………………………
Major Institutional Uses:……………………………………………
Exception …………………………………………………………...
SECTION 5 ENVIRONMENTAL POLICIES…………………………………
Environmental Protection:…………………………………………. Objectives………………………………………………….. Criteria For Designation…………………………………… Permitted Uses……………………………………………..
Major Open Space:………………………………………………… Objectives………………………………………………….. Permitted Uses……………………………………………..
(i)
General Policies:…………………………………………………… Land Acquisitions………………………………………….. Development……………………………………………….. Flood Plains………………………………………………… Wetlands…………………………………………………… Woodlands…………………………………………………. Landfilling…………………………………………………. Contaminated Sites…………………………………………
SECTION 6 THE CENTRAL AREA…………………………………………..
Public Development Policy………………………………………… Transportation……………………………………………………… Civic Beautification…………………………………………………
SECTION 7 URBAN DESIGN, AMENITY AND HERITAGE CONSERVATION…………………………..
Relationship With Natural Environment…………………………… Public Areas………………………………………………………… Universal Access…………………………………………………… Personal Safety……………………………………………………… Buffering…………………………………………………………… Signs And Street Furniture………………………………………… Design Schemes And Land Assembly……………………………… Overhead Wires……………………………………………………. Lending Shape To Built Form……………………………………… Heritage Conservation……………………………………………… Heritage Implementation…………………………………………… Archaeological Conservation………………………………………. Significant Landscapes, Vistas And Ridge-Lines………………….
SECTION 8 PARKS, OPEN SPACE AND RECREATION………………….
Goals And Objectives……………………………………………… Policies And Implementation Strategies…………………………… Park Acquisitions And Development Priorities……………………. Land Acquisition……………………………………………………. Park Development…………………………………………………. Parkland Dedication……………………………………………….. Cash-In-Lieu Of Park Dedication………………………………….. Parkland Acceptability…………………………………………….. Park Development Procedures…………………………………….. Institutional Lands And Facilities…………………………………. Medium And High Density Developments………………………… Implementation And Monitoring……………………………………
SECTION 9 THE AGRICULTURAL AREA………………………………….
Land Uses…………………………………………………………... Lot Creation………………………………………………………... Group Homes……………………………………………………….
SECTION 10 SCHOOLS......
(ii)
SECTION 11 TRANSPORTATION……………………………………………..
Traffic Circulation………………………………………………….. Alternative Modes Of Transportation……………………………… Parking……………………………………………………………… Canadian National Railway………………………………………… The Niagara District Airport……………………………………….. Inter-City Transportation……………………………………………
SECTION 12 DEVELOPMENT POLICIES……………………………………
Development Program……………………………………………… Population And Density……………………………………………. Servicing……………………………………………………………. Community Improvement………………………………………….. Energy Conservation………………………………………………..
SECTION 13 IMPLEMENTATION……………………………………………..
Purpose……………………………………………………………… Zoning ………………………………………………………………. Holding By-Laws…………………………………………………… Subdivision Control………………………………………………… Special Provisions………………………………………………….. Interim Control By-Laws…………………………………………… Temporary Use By-Laws…………………………………………… Site Plan Control……………………………………………………. Non-Complying Uses………………………………………………. Consents……………………………………………………………. Property Standards…………………………………………………. Boundary Interpretation…………………………………………….. Committee Of Adjustment…………………………………………. Processing Times……………………………………………………
SECTION 14 SCHEDULES………………………………………………………
Schedule A Planning Divisions ………………………………….
Schedule B Land Use Plan ……………………………………….
Schedule C Environmental Constraints………………………….
Schedule D Park Deficient Areas ……………………………….
Schedule E Bicycle Paths & Pedestrian Walkway System ……..
Schedule F Natural Environmental Features ……………………
Schedule G Development Areas …………………………………
Schedule H Ultimate Road Right - Of -Way Widths …………..
Schedule I Airport Zoning Regulations…………………………
Schedule J Niagara Escarpment Designations …………………..
(iii)
SECTION 15 SECONDARY PLANS
The Central Area Secondary Plan…………………………………..
Schedule 15-A Land Use Plan……………………………………
Schedule 15-B Transportation System……………………………
Schedule 15-C Pedestrian System………………………………..
SECTION 16 The Port Dalhousie Neighbourhood Plan…………………………..
Schedule 16-A Land Use Designation…………………………….
Schedule 16-B Bicycle Path and Pedestrian Walkway System…………………….
SECTION 17 The West St. Catharines Secondary Plan…………………………..
Schedule 17-A Land Use Designations…………………………..
SECTION 18 Hartzel Road - Merritton Area Secondary Plan …………………..
Schedule 18-A Planning Areas …………………………………..
Schedule 18-B Land Use Designations………………………….
Schedule 18-C Connectivity & Streetscaping Improvements…….
SECTION 19 The Queenston Area Secondary Plan ……………………………
Schedule 19-A Planning Areas ………………………………….
Schedule 19-B Land Use Designations …………………………..
Schedule 19-C Connectivity & Streetscaping Improvements …….
(iv)
SECTION I - PURPOSE AND EXPLANATION
1.1 PURPOSE
The Official Plan is a document that sets out, by means of land use designations and policies, a comprehensive framework which will guide the future development of the City of St. Catharines. It will also assist Council, other public agencies and the private sector in their consideration of public and private development proposals.
The Official Plan outlines the long term vision for St. Catharines' physical form and community character. It is intended to reflect the collective aims and aspirations of the citizens of St. Catharines as to the quality of life to be preserved and fostered in terms of the social, economic, and natural environment of the Municipality.
1.2 COMMUNITY GOAL STATEMENTS
The following statements outline the community goals necessary to achieve a desired quality of life in St. Catharines and are the basis in which the policies in this plan were formulated. These statements also reflect the directives outlined in the City's Community-Based Strategic Plan.
Quality of Life"Create a physical, economic and social environment that gives the residents and employees of the Community an ideal place for living, working and recreating, and promoting a sense of history and identity."
Agriculture "Recognize our agricultural lands as one of the most significant resources in the Province and provide the opportunity for agriculture to remain a viable business partner in the community."
Citizen Participation "Provide opportunities for citizen participation in all aspects of planning and development within the municipality."
Economy "Create a community development pattern that fosters a vigorous and diverse local economy by supporting the existing business community and promoting new business opportunities."
Heritage "Preserve, promote and foster awareness that our heritage and diverse cultural institutions, man-made and otherwise, are vital to our community life and economic and social health."
Housing "Provide the opportunity for a mix of residential accommodation in St. Catharines to accommodate households with diverse social and economic characteristics, needs and desires."
Land Use "Arrange land uses and organize urban growth so as to promote economy, efficiency, order, aesthetics, compatibility and flexibility for future change."
Natural Resources "Manage and enhance significant natural resources through the implementation of sound environmental policies."
Recreation "Supply a balanced system of active and passive open space that contributes to leisure time activities and conserves the natural environment within the City of St. Catharines."
Transportation "Develop a long-term transportation plan that serves the municipality in an affordable, efficient and accessible way with minimum use of energy and disruption to the environment."
1.3 DURATION
This Plan is intended to address the City's growth and development for the period extending to 2015. The Plan horizon serves as an appropriate measure of the duration of the Plan and should not be regarded as a specific completion date for its implementation.
The Plan will be subject to the pressures of economic, social or environmental change during this planning period. For example, it is expected that the City's demographics will reflect an increase in the senior age categories (60+) from the current 14% to an anticipated 27% during the Plan horizon. This factor will have a significant bearing on future economic, housing, recreational, and social needs of the community.
The validity and relevance of the Plan will be maintained through a process of monitoring, review and modification as required, but within a minimum of five years.
1.4 REGIONAL NIAGARA POLICY PLAN
In addition to the policies contained in this Plan, all development activity is subject to the policies contained in the Regional Municipality of Niagara Policy Plan.
EXPLANATION OF TERMS
Accessory Apartment means a second dwelling unit within a single detached, semi-detached or townhouse dwelling either through internal conversion of underutilized space, external alterations, or new construction.
Adequate means sufficient for the purposes named according to acceptable standards of health, safety, convenience, welfare and amenity, and according to all other standards and policies that are applicable under this plan.
Adjacent Lands means lands contiguous to an identified natural feature or function or resource. Specific features have a distance established by the province, which may be subject to change. The distances known at this time are:
-within 50 m of significant natural corridors -within 50 m of significant woodlots -within 30 m of shorelines -within 50 m of significant wildlife habitat -within 50 m of significant portion of habitat of endangered, threatened or vulnerable species, if mapping existing, otherwise within 100 m -within 50 m of all life science ANSI's and all provincial earth science ANSI's (ANSI - Area of Natural and Scientific Interest) -within 120 m of Provincially Significant Wetlands
Affordable means annual housing costs (gross rent, or mortgage principle and interest (amortized over 25 years and assuming a 10% down payment and taxes) which do not exceed 30% of gross annual household income.
Affordable Housing means housing which would have a market price or rent that would be affordable to households of low and moderate income (i.e. Households within the lowest 60 percent of the income distribution for the Housing Market Area). Affordable Housing could also include any government assisted housing recognized, from time to time, as Affordable Housing by the Minister of Housing.
The following text was replaced as O.P.A. # 10, approved on August 14, 2000.
Agri-tourism means any farm-based business activity that caters to the travelling public and is clearly related and subordinate to the existing principal agricultural use of the farm property. Agri-tourism activities include seasonal farm markets, restaurant (outside the Niagara Escarpment Plan Area) related to a winery, bed and breakfast facilities, tours and the selling of value-added agricultural products.
Amenity means pleasant and agreeable with an absence of nuisances, and when applied specifically, it means a pleasant and agreeable environment for any particular activity.
Appropriate means fitting, adequate and suitable for the circumstances involved. The City Council will be the arbiter of what is considered appropriate, but it will have regard for the principles of City planning and a high standard of urban design.
The following text was added as O.P.A. # 10, approved on August 14, 2000.
Business Activity means the selling and provision of goods and services, produced primarily on the property, directly to the public (relates to the definition of agri-tourism only).
Contaminated Site means property or lands that have not been rehabilitated and for reasons of public health and safety or environmental quality, are unsafe for use as a result of human activities leaving a chemical or radioactive residue. Such sites may include among other facilities, industrial lands and facilities, transportation facilities, and electrical facilities.
Contaminated Soils means soils, for reasons of public health and safety or environmental quality, are unsafe for use, particularly by those activities that have left a chemical or radioactive residue.
Context refers to the relationship of new development to its surroundings, that is to neighbouring and nearby buildings, the natural characteristics of the site, (e.g. topography, slope, vegetation), and the surrounding streetscape and community.
Cultural Heritage Resources include, but are not necessarily restricted to archaeological sites, buildings and structural remains of historical, architectural and contextual value, and human- made rural, village, and urban districts or landscapes of historic and scenic interest.
Density
Low Density Residential Development includes detached, semi-detached, duplex, and townhouse dwellings. Net Residential Density, calculated on a neighbourhood wide basis, is normally less than 25 units per hectare, (<10 units per acre).
Medium Density Residential Development generally includes townhouse and apartment dwellings. Low Density housing types may be mixed with medium density types to achieve an overall medium density development. Net Residential Density, calculated on a site specific basis, is normally in the range of 25-75 units per hectare, (10-30 units per acre).
High Density Residential Development includes apartment dwellings. Net Residential Density, calculated on a site specific basis, is normally greater than 75 units per hectare, (>30 units per acre).
Development means the subdivision or severance of land, the erection of buildings or structures and includes any improvement that can be made on land. The use of the term shall be taken to include redevelopment in all cases.
Group Home means a supervised dwelling unit for the accommodation of a maximum of ten persons exclusive of staff, who by reason of their emotional, mental, social or physical condition or legal status, require a group living arrangement for their well-being. A Provincially licensed Group Home is a Group Home which is licensed or approved under Provincial statute.
Home Industry means a small scale use providing a service primarily to the farming community or services promoting agri-tourism.
Home Occupation means an occupation, business, enterprise or service, conducted entirely within a dwelling unit, and is generally undertaken only by residents of such dwelling unit.
Local Board means any commission, committee, body or local authority established or exercising any power or authority under any general or special act with respect to any of the affairs or purposes of the City of St. Catharines.
Net Residential Density in freehold developments includes the local public road serving the housing units, but not the residential collector road. In group developments, Net Residential Density includes private residential roadways, driveways and parking areas and a portion of the public street which abuts the development.
The following text was added as O.P.A. # 10, approved on August 14, 2000.
Off-farm Products mean: a) non-agricultural products that are related to and promote the main agricultural use of the farm property. b) agricultural products that are grown, raised, or produced outside the Niagara Region.
Planning Division means a planning district, a residential neighbourhood or an industrial park as shown on Schedule A to this Plan.
Public Work means any improvement of a structural nature or any other undertaking that is within the jurisdiction of Council or of a local Board and without limiting the generality of the foregoing shall include all engineering works, schools, parks, public transportation services, public buildings, services for the protection of life and property, and health and welfare services, that it is within the jurisdiction of a Council or a local Board to undertake or which Council may require to be undertaken by a developer as a condition of a subdivision or site plan agreement.
Redevelopment means both the public and private redesign, resubdivision, clearance, rebuilding and reconstruction of any land or area in the City that has previously been developed.
Rehabilitation means the repair of buildings and structures and the general improvement of property in a way which will promote the amenity and prevent the deterioration of the area concerned.
Residential Development means development of any form of permanent residential dwelling unit(s) and can take place in the following circumstances:
i) Infill residential development which is development on vacant or underdeveloped lots or on new lots created by consent in a developed area. ii) New residential development which is creation of new residential units on vacant land in an area where development has not previously taken place. iii) Residential redevelopment which is creation of new residential units on land previously used for residential or non-residential purposes in existing communities, where demolition of the previous structures is to take place, or has taken place.
Residential Intensification means the creation of new dwelling units or accommodation in existing buildings or on previously developed, serviced land resulting in an increase in density including:
- creation of rooming, boarding and lodging houses; - creation of accessory apartments; - conversion of non-residential structures to residential use; - infill -redevelopment
Services means those engineering services associated with the urban development of land, including water supply, sewage disposal, drainage works and paved roads.
Urban Area Boundary means the line between areas designated for urban development and areas of non-urban use as shown on Schedule B and as further outlined in the Regional Policy Plan.
Zoning Standards means provisions found in zoning by-laws including, but not limited to: lot size, unit size, setbacks, lot coverage, parking requirements and density.
SECTION 2 - GENERAL LAND USE POLICY
2.1 SETTLEMENT PATTERNS
2.1.1 The Plan intends to provide a settlement pattern which:
a) offers a variety of living styles and a full range of housing types;
b) is supported by ample employment opportunities and an adequate tax base;
c) enjoys optimum open space and leisure facilities; and
d) caters to its own needs for commercial and cultural services to the maximum extent possible;
2.1.2 And does so:
-with limited consumption of the unique agricultural lands; - with full urban services; - at a rate and within its economic means; and -with due regard for the quality of life for its residents.
2.2 LOCATIONAL CONTEXT
2.2.1 Land use decisions are generally made within the context of St. Catharines' significant location, most notably,
-the Lake Ontario shoreline and its many riverine and creek systems (significant environmental systems);
-the Niagara Escarpment (designated a World Biosphere Reserve);
-the unique agricultural lands (a national resource);
-the Welland Canals (historical sites and important economic resource); and
-the provincial highways (major transportation and telecommunication corridors).
2.2.2 Land use decisions also reflect historical settlement patterns and development trends, as well as the goals, objectives and policies of this Plan.
2.2.3 Schedule B sets out general land use patterns which separate activities that have conflicting requirements and functions and distributes major working, shopping and recreational areas within a reasonable distance from the major residential sections, while preserving significant natural features.
2.3 PLANNING DIVISIONS
2.3.1 In order to provide a geographical basis for the more detailed planning of the urban part of the City, the Planning Area is divided into a system of discrete divisions as set out in Schedule A. The larger of these are called planning districts which, in turn, are divided in neighbourhoods and industrial parks. The agricultural part of the Planning Area will generally be kept separate from these divisions.
2.3.2 This system is designed as far as possible to secure the adequate geographic distribution of schools, parks and other community facilities; to co-ordinate the provisions of these with the expected population; to provide a basis for the development program and to provide a framework for the formulation of secondary plans and other successive stages of implementation.
2.3.3 The selection of these divisions reflect wherever possible, existing and well- known parts of the City, and their boundaries are defined by prominent features such as watercourses, major roads and railways, major land use groups, etc. Areas having a particular historic or social character are recognized and, where feasible, boundaries are also drawn to correspond to those of school districts or the division contains schools that are identified with the area in some way.
2.3.4 Although in the older areas this association is not always possible nor are the boundaries clearly identified in any physical way, it is the general intent of the Plan that the principles embodied in this concept will be continuously worked towards, particularly in new development or redevelopment.
2.3.4.1 In new development and redevelopment the subdivision of land, the design and layout of roads and buildings and the provisions of public works will be made as far in advance as possible in a manner which will further the identity of these planning units.
2.3.5 Planning districts and neighbourhoods will be designed with a focus or centre consisting primarily of schools and parks but formed also of public buildings, cultural and recreational facilities, commercial development, etc. where these may be required and where they can be reasonably integrated together. More particularly;
2.3.5.1 In the formation of secondary plans all affected local Boards, authorities and other interested bodies will be invited to make known their requirements to Council for any planning unit in which they expect to be engaged in public works;
2.3.5.2 When these requirements have been established as far as is possible, every effort will be made to co-ordinate those works that may form a focus or centre for the respective planning unit; and
2.3.5.3 The requirements of the authorities involved will be co-ordinated so that a high standard of civic design may be achieved in keeping with the idea of the Garden City with appropriate landscaping, separation of any conflicting functions and economies in the use of land, parking and facilities.
SECTION 3 - HOUSING AND THE RESIDENTIAL ENVIRONMENT
The overall goal of this section of the Plan is to produce and maintain the opportunity for an adequate supply of dwelling units in attractive neighbourhoods by establishing policies about the quantity, variety and affordability of housing, in general, and the location and design of housing projects, in particular. The City will have regard to the Provincial targets for affordable housing. The City recognizes that all decisions must be assessed in terms of the effects they will have on the provision of housing in St. Catharines.
Guidelines for the location and design of residential development are also provided in this section. The purpose of these guidelines is to create new housing that is sensitive to and improves the existing physical character of an area.
Development standards are the municipal rules governing the planning and engineering of development. They are based on the social, economic, technical and environmental values of the time. As values change and new concepts evolve (eg. environmental sustainability, healthy cities) there is a need to re-evaluate standards. Alternative development standards represent a range of choices over and above the standards currently in use.
The objectives of these standards are to: improve the liveability of the community; improve cost efficiency; support environmental sustainability; and allow for more adaptability and flexibility. For example, creating a more compact pattern of development and allowing for a range of housing types in neighbourhoods are two ways of achieving these objectives. Alternative development standards have been incorporated into the Official Plan to address changing values and emerging concepts; and the City will, where appropriate, incorporate alternative development standards as a means of achieving housing affordability and to meet the demand for smaller and more diverse forms of housing.
3.1 PERMITTED USES
The largest part of the City is devoted to residential neighbourhoods which provide for housing and other land uses that form part of the residential environment. Areas shown on Schedule B, Land Use Plan, as Neighbourhood Residential permit all forms of residential development and residential intensification subject to the policies of this Plan.
3.1.1 Ancillary Uses
3.1.1.1 Home Occupation will be permitted in residential neighbourhoods in accordance with the applicable zoning by-law requirements.
3.1.1.2 Institutional uses, parks and local convenience uses may be permitted in residential neighbourhoods where they are compatible with the residential environment, subject to a zoning by-law amendment.
3.1.1.3 Local convenience uses will be permitted in high density residential complexes provided they primarily serve the convenience of the occupants and the uses do not change the dominant residential character of the project.
3.1.1.4 In interpreting what is compatible, ancillary uses will be judged according to the following principles:
a) That they do not alter, nor will they lead to a demand to alter, the predominant land use character and amenity of the area;
b) That the possible negative environmental impacts of the use such as noise, odours, litter, or traffic generation are not excessive in relation to the predominant land use character of the area;
3.1.2 Group Homes
3.1.2.1 Group Homes shall be permitted in all residential neighbourhoods subject to a specific zoning by-law amendment and the following provisions:
a) Notwithstanding policy statement 3.1.2.1 to the contrary, the following types of Provincially licensed or approved Group Homes as referenced in the relevant Provincial legislation shall be permitted in all residential neighbourhoods without a specific amendment to any zoning area by-law:
i) Approved Homes; ii) Homes for Special Care-Residential; iii) Supporting Housing Programs: Adult Community Mental Health Program; iv) Accommodation Services for the Developmentally Handicapped; v) Satellite Residences for Seniors; vi) Halfway Houses for the Socially Disadvantaged; and vii) Childrens' Residences (except for Group Homes for Young Offenders).
b) When considering the location of a new Group Home, attempts will be made to ensure that a distance of 300 m is maintained between Group Homes.
3.1.3 Local Convenience Centres
Local convenience centres that serve the day-to-day needs of nearby residents shall be permitted, by way of a zoning by-law amendment, within the Neighbourhood Residential designation of this Plan. The following criteria shall apply:
a) It provides goods and services catering to the day-to-day needs of nearby residents;
b) Total site size of a Centre should not exceed 0.4 hectares (1 acre);
c) Total Gross Leasable Floor Area for commercial uses shall not exceed 930 square metres (10,000 square feet);
The following text was added as O.P.A. # 38, approved by the Ontario Municipal Board on June 8, 2009.
i) Notwithstanding policy 3.1.3 c), for lands outlined on Schedule B Land Use Plan as Amendment No. 38, being Part of Lot 165 Registered Plan 621, known municipally as 355, 357 and 359 Carlton Street, Total Gross Leasable Floor Area for commercial uses shall not exceed 1950 square metres (21,000 square feet).
d) Total Gross Leasable Floor Area per individual use shall not exceed 280 square metres (3,000 square feet);
e) The Centre should serve a service radius of 0.8 kilometres (½ mile) and not be located within this distance from a commercial designation;
f) The Centre should contain residential units above and/or behind the commercial space; and
g) The Centre should be located at an intersection of arterial and collector roads and be central to its intended service area.
3.2 SUPPLY OF LAND FOR HOUSING
An objective of this Plan is to continue to designate sufficient land for all forms of residential development and residential intensification while recognizing the land supply limitations imposed by the urban area boundary. This means that some of the City's residential needs, particularly low density detached housing, will be met outside municipal boundaries in the long term. Other dwelling unit needs can be met within St. Catharines through a combination of residential development and residential intensification. It is therefore the intent of this Plan to:
a) continue to maintain a list of potential development sites;
b) support residential development and residential intensification which would provide a range of dwelling unit types, lot sizes and tenure throughout the Neighbourhood Residential designation, subject to the policies of this Plan, particularly Section 3.3 and 3.4;
c) combine residential uses with commercial uses, subject to policies of this Plan;
d) Support the conversion of rental accommodation to condominium ownership only if the proposal does not adversely affect the supply of affordable rental housing in the municipality. In this regard the municipality will consider current vacancy rates for affordable rental accommodation to determine adverse effect.
3.3 LOCATION, SITE AND FORM GUIDELINES FOR RESIDENTIAL DEVELOPMENT
As previously stated, the Official Plan provides the opportunity for a mix of housing types throughout the City. Housing not only provides shelter, security, and personal identity, but also contributes to a sense of community and place shared by residents.
As St. Catharines approaches its urban area boundaries and the demographics and demands of the population change there will be increasing pressures to accommodate additional residential units in a variety of forms into existing neighbourhoods. The more intensive use of land and buildings is inevitable in maturing urban areas. However, it is equally important that new development be integrated into neighbourhoods in a manner that is sensitive to the existing context and maximizes compatibility. As such, new development should respect and improve the physical character of existing areas.
The overall goal of the residential policies in sections 3.2 to 3.5 inclusive is to manage growth in a manner that maintains the character of existing neighbourhoods, having particular regard for context and compatibility.
3.3.1 Low Density
3.3.1.1 Location
a) Low density residential intensification will be integrated into existing neighbourhoods. Although low density development will normally be less than 25 units per hectare (10 units/ac), it may increase the existing density of an area.
b) Low density residential intensification is particularly appropriate along local or collector roads to provide effective transportation services; and on sites adjacent to or near existing low or medium density developments to allow for compatible integration of housing types.
3.3.1.2 Building Siting and Form
Low density residential intensification can maximize compatibility with the surrounding area, and will be supported by the City subject to adequate consideration of the following matters:
a) the lot size is of sufficient size to accommodate the proposed development.
b) the setback and situation of the building to the street, as related to the established pattern in the area.
c) the spacing of buildings (between one another) and of rear or other secondary setbacks from the property line.
d) overall building height in relation to the height of other nearby buildings.
e) the proportion (relationship between height and width) of the front or primary facade, and, to a lesser extent, other building walls.
f) the provision of useable outdoor amenity area, preferably at grade, in a manner that respects the privacy of adjacent properties, using siting of the unit, screening and landscaping.
g) Scale and character of surrounding streetscape and landscape, including elements such as fences and walls.
h) The location of parking areas in relation to maintaining streetscape quality (limiting the amount of front yard parking).
i) Any distinct architectural features common to the neighbourhood.
j) The applicable policies of the Urban Design chapter of this Plan.
3.3.2 High and Medium Density
3.3.2.1 Location
a) High density (apartments) residential development and intensification is supported in the Central Area or within residential neighbourhoods as part of a gradation of densities and building forms.
b) High (>30 units per acre) and medium (10-30 units per acre) density residential development and intensification shall be located on or near arterial or collector streets and in proximity to shopping facilities, parks and open space, natural areas and transit service as a means of efficiently using land, services and amenities.
c) High and medium density residential development and intensification is particularly appropriate on sites adjacent to or near existing high or medium density developments.
3.3.2.2 Building Siting and Form
The City shall support medium and high density residential development and intensification in the locations described in Section 3.3.2.1, subject to adequate consideration of the following physical compatibility criteria:
a) The relationship of the building to the established streetscape pattern in the area, particularly building spacing and setback.
b) The relationship or transition between lower and higher density residential uses.
c) The linkage between a clearly recognizable and functional pedestrian circulation system in the development and the surrounding transportation system.
d) The maximization of views of open spaces, ravines, escarpments, waterways, and other natural features.
e) The provision of outdoor amenity area for residents, in a manner that respects the privacy of adjacent or nearby properties, using siting of the building, screening and landscaping.
f) The overall height of the development, as a function of sun shadowing on residential areas and parks; views and view sequences either existing or to be created; the fit in the area; and wind conditions. Distance separation can affect impact of building height gradation.
g) The overall scale of the development as it relates to the surrounding area. In this regard, compatibility may be achieved by avoiding long, unbroken expanses of walls; additive massing; creating relief in walls; the use of varied colours, textures, types, qualities and patterns of finish materials; roofline articulation.
h) The location, pattern, and style of entranceways, windows, balconies, and other architectural details.
i) The provision of parking areas that do not dominate the site physically and visually and that maximize the use of perimeter and internal landscaping.
j) Scale and character of surrounding streetscape and landscape, including elements such as fences and walls.
k) The applicable policies of the Urban Design Chapter of this Plan.
3.4 GENERAL RESIDENTIAL POLICIES
The following policies apply to all forms of residential development.
3.4.1 Sufficient land is to be assembled for residential developments to eliminate isolated parcels that would be difficult to develop or redevelop at a later date.
3.4.2 If any residential development proposal and land assembly could have an impact on the physical compatibility of adjoining properties, or upon the development or redevelopment potential, proponents shall be required to prepare concept plans (preliminary site plans, building elevations, context plans, and/or shadow plans, as appropriate) to illustrate how area-wide development can be integrated and staged. Policies 7.7.1 to 7.7.5 inclusive (Design Scheme and Land Assembly) will also apply in this regard.
3.4.3 The City shall have regard to the following and other matters, when reviewing residential development proposals:
a) adequacy of municipal (hard) and community (soft) services;
b) adequacy of on-site facilities and amenities;
c) treatment of existing topographic and vegetative features;
d) requirements of senior levels of government and major utilities concerning environmental hazards or nuisances; and
e) design for energy conservation and solar access.
3.4.4 Proponents shall address provincial policy on affordable housing as it is amended from time to time.
3.4.5 Prior to redevelopment of lands known as 41 Tasker Street, site remediation shall be completed to the satisfaction of the Ministry of the Environment and Energy.
3.5 ALTERNATIVE FORMS OF HOUSING
In the future, the changing profile of the population of St. Catharines will create demands for smaller and more diverse forms of housing. Specifically, the population is aging and census information indicates a continuing trend toward an increase in lone parent families (85% of which are lone female parents) and smaller family size. Pressure to accommodate this demand will be felt across the City in new and existing neighbourhoods and requires flexible and responsive municipal policies and regulations. The following is not intended to be all inclusive. As circumstances warrant other forms of housing may be considered in order to meet an identified demand.
3.5.1 Accessory Apartments
Accessory apartments are allowed within existing dwellings "as of right". This means that an additional dwelling unit is allowed if all applicable zoning requirements are met.
3.5.1.1 In situations where variances or other approvals are required, the proposal will be evaluated on the following criteria:
i) The existing outdoor amenity area is adequate for the needs of all occupants.
ii) Off street parking is adequate and any new parking will not significantly reduce outdoor amenity areas or landscaping.
iii) Any new construction or addition must respect the massing, orientation, setbacks and height, and privacy of adjacent properties, and minimize potential impacts through location, screening, landscape, and any other design measures, as appropriate.
3.5.2 Garden Suites
Garden Suites are temporary self contained, portable dwelling units permitted in residential areas through amendments to the zoning by-laws.
3.5.2.1 The following criteria will be considered when evaluating proposals for Garden Suites:
a) The lot size/layout in terms of accommodating the garden suite without unreasonable loss of private outdoor amenity area;
b) Adequacy of on-site parking and municipal services to accommodate the garden suite;
c) Compatibility of the garden suite with the surrounding neighbourhood in terms of general form, privacy, shadowing, and separation distance.
d) The necessity of the garden suite as a means of ensuring care and/or supervision of the elderly, sick or disabled person(s).
3.5.2.2 As a condition of approval of a garden suite, City Council shall require an agreement between the City and the owner and/or tenant, to include, such matters as the installation, maintenance and removal of the suite, the period of occupancy of the suite, and the monetary or other form of security that City Council may require for actual or potential costs to the municipality related to the suite.
3.6 MONITORING POLICIES
It is an objective of the Plan to monitor the performance of the housing policies and determine what, if any, adjustments are required.
In order to achieve this objective, the City will prepare, on an annual basis, a status report indicating the following:
a) the supply of land available for all types of housing;
b) the production of housing that occurs each year;
c) vacancy rates;
d) trends in the rate of housing production;
e) prices of new and resale housing;
f) other information related to the supply and demand for housing; and
g) house prices relative to income distribution.
Council will be advised:
1) On an annual basis, of both the housing opportunities created and the housing produced, with particular reference to current Provincial targets for affordable housing; and,
2) Where possible, during the review process, when an individual proposal contributes to the Provincial targets for affordable housing.
These policies will be updated, as required, to ensure the City's housing and residential policies are being met.
3.7 EXCEPTIONS
Site Specific amendments are discouraged, however, certain properties have received approval for specific changes, as follows:
3.7.1 Notwithstanding Section 3.1 of the Official Plan to the contrary, business offices may be located on the lands described as 1-3 Lakeshore Road.
3.7.2 Notwithstanding Section 3.1 of the Official Plan to the contrary, medical and business offices may be permitted on lands described as 23-23 ½ Vine Street.
3.7.3 Notwithstanding Section 3.1 of the Official Plan to the contrary, a medical office may be located on lands described as 111 Martindale Road.
3.7.4 Notwithstanding Section 3.1 of the Official Plan to the contrary, a professional counselling office for women in crises situations may be located on lands described as 237 Lakeshore Road.
3.7.5 Notwithstanding Section 3.1 of the Official Plan to the contrary, a veterinary cat clinic together with two residential apartment units may be located on lands described as 332 Geneva Street.
SECTION 4 - ECONOMIC ACTIVITIES
It is the intent of these policies to provide direction for the development and redevelopment of industrial and commercial lands.
The City's primary role will be to provide for, facilitate, and support these initiatives through: a) the designation of lands and the provision of policies in support of economic activities; b) the approval of infrastructure and infrastructure improvements; c) the protection of establishments from incompatible land uses which may jeopardize the viability and efficiency of industrial operations; d) the establishment of appropriate zones in the implementing Zoning By-law; and e) the protection of lands currently designated for industrial uses.
4.1 INDUSTRY
Industry is broadly defined as the production of goods and the provision of services for other businesses. Industrial uses currently represent the primary economic activities in St. Catharines and are anticipated to do so during the period of this plan. While the City cannot accommodate industries requiring large tracts of land, it has considerable resources to attract service business industries as well as production and distribution industries with smaller land requirements. The maintenance of lands for the further expansion of industrial activity is recognized as essential to the continued economic growth of the City.
Generally, it is important to maintain a distinction between industrial and commercial uses to ensure that retail uses do not absorb and drive up the prices of industrial lands. At the same time, industries have indicated a desire for complementary commercial uses to be permitted along the periphery of industrially designated areas for the benefit of employees. In addition, there are areas in the City that over time have developed a mix of industrial and commercial uses. They have developed along major roads under a form of industrial zoning which includes a limited range of commercial uses. The original intent of this zoning was to provide space for commercial uses that gave support services to industries or for uses that had characteristics similar to industries. However, since that time, many commercial uses have developed on a free standing basis and cater to the public at large. These areas have demonstrated that they serve a need and that they have developed a degree of compatibility over time. The intent of this Plan is to recognize the type of development that has occurred in these areas and to support their continued development and intensification.
The following text was added as O.P.A. # 17, approved on February 18, 2003.
Industrial areas and Mixed Industrial Commercial areas within the municipality are the only candidate locations for adult oriented land uses. Adult oriented land uses are uses which are designed to appeal to erotic or sexual appetites or inclinations, including, but not limited to, strip clubs and body rub parlours. These uses are most suited to industrial locations where impacts on sensitive land uses (residences, churches, schools, parks, etc.) are negligible. Adult oriented land uses are considered to be those uses that provide a service and do not include establishments that retail adult oriented goods, nor are services provided by professionals registered by the province, such as registered massage therapists, considered to be adult oriented land uses.
The following text was added as O.P.A. # 6, approved on September 28, 1998.
NOTWITHSTANDING Section 2.7 and Part 3, Section 3.4.1 of the existing Official Plan for the City of St. Catharines and Section 4.1 including its preamble and Section 17.4 of the revised Official Plan of the City of St. Catharines, to the contrary, a “commercial power centre” shall be permitted on the lands outlined on Schedule “B-O”, Land Use Plan attached to and forming part of this Order, subject to the following special policies:
(a) A “commercial power centre” is a group of large scale retail stores, commercial services and recreational facilities intended to provide significant employment opportunities, together with industrial activities already permitted in this Area, having a minimum gross leasable floor area of 900 m² per unit.
(b) Where a minimum of two buildings with a combined minimum gross leasable floor area of 9,000 m² or one building with a minimum gross leasable floor area of 9,000 m² has been developed in this Area, commercial uses having less than the minimum gross leasable floor area of 900 m² may be permitted subject to provisions contained in the Zoning By-law affecting these lands.
(c) Any development on the lands described on Schedule “B-O”, Land Use Plan attached to and forming part of this Order, shall be subject to site plan control.
4.1.1 Permitted Uses - Industrial
4.1.1.1 Lands shown on Schedule B as designated Industrialare intended to function primarily as high concentration employment areas permitting production, distribution, and professional service businesses.
Production industries include manufacturing, processing and assembly, research and development, printing and data processing, and construction activities.
Distribution industries include terminal and dispatch, storage, transportation, communication, utilities and waste management, heavy equipment services and rentals, and warehousing except for retail warehousing.
Professional Services include business management services, information services and professional offices for trade, technology and personal services. Both business management and information services produce output that goes primarily to businesses. Business management services include a variety of activities such as employment agencies; personnel suppliers; actuarial services; accounting services; security, investigation and collection services; tax consultants, and custom brokers. Information services provide information as their product and include computer services, advertising agencies, architectural, engineering, planning and other scientific and technical services and lawyer and notary services. As professional services aid both manufacturing and other business, their presence can have an agglomerative effect as they may attract other economic activity.
4.1.1.2 On-site employee convenience facilities including tuck shops, cafeterias, day cares, recreational and fitness facilities, are permitted in Industrially designated areas, however their gross floor area will be regulated through the Zoning By-law.
4.1.1.3 Complementary facilities permitted in Industrially designated areas include factory outlets for goods manufactured, fabricated, assembled or processed on the premises; vehicle service stations or gas bars; and restaurants intended to serve the industrial area.
4.1.1.4 There are no areas shown on Schedule B in which pit or quarry operations will be permitted to locate or expand.
4.1.1.5 Residential uses and commercial uses, except for the complementary uses specifically noted above are prohibited from establishing in areas designated for Industrial activities.
4.1.2 Permitted Uses - Mixed Industrial - Commercial
4.1.2.1 The areas shown on Schedule B, as designated “Mixed Industrial- Commercial” permit industrial uses in accordance with Section 4.1 of this Plan (Industrial Areas) as well as commercial activities which:
a) Deal with large household durable goods, such as but not limited to garden supplies, furniture and appliances; building materials and home fixtures; automobiles and automotive parts and accessories;
b) Require large sites and floor areas, large indoor or outdoor storage areas, good vehicular access, parking and loading; and,
c) May create noise, odours, unsightliness or other nuisance because of the nature of the use.
The following text was added as O.P.A. # 35, approved on July 9, 2008.
4.1.2.2 Notwithstanding Section 4.1.2.1, the areas shown on Schedule B designated Mixed Industrial Commercial which are located between the Francis Creek drainage channel west to Third Street Louth and from Fourth Avenue south to the CN rail line, shall permit Industrial uses in accordance with this plan (Industrial Areas) as well as business and commercial employment activities, which include prestige light industrial within wholly, enclosed buildings, offices, service employment, service commercial and limited ancillary retail.
4.1.3 General Policies
4.1.3.1 With increased productivity and technological changes more land absorption may be required to employ the same number of persons. St. Catharines currently has a limited land supply with which to address this need, thus the following policies will apply:
a) The City will recognize industrial areas as community focal points with high concentrations of employment which will be given identities for planning and promotional purposes;
b) The City will build upon the existing industrial land use structures to take advantage of the amenities including existing infrastructure, building stock, contributions to the tax base, and opportunities for infill and development;
c) The City may deny applications for the development of residential uses in proximity to existing industrial activities operating within Industrially designated areas if such approval would result in the industrial uses ceasing to be in compliance with all pertinent standards;
d) The City will guide the development of older industrial areas with respect to the revitalization of older uses and facilities; the establishment of new uses; the improvement and expansion of public infrastructure; and the relocation of incompatible uses to more appropriate locations.
e) When an application is made to redesignate industrial land or to develop such lands for non-industrial purposes, the proponent shall provide to the City a report prepared by a qualified professional, demonstrating the following:
i) the impact of the proposed development on the overall viability of the industrial sector;
ii) the need for the proposed development to be located in an industrial area; and
iii) the impact of removing lands from the industrial inventory on the future economic growth of the City's industrial sector; and
iv) The adequacy of separation distances based upon potential adverse impacts and recommended mitigation measures; and
v) That the site has been assessed as to contamination due to previous use and found to be suitable for the intended re-use as a result of site remediation where deemed necessary.
4.1.3.2 The City will place restrictions on any industry located outside industrially designated areas if the industry is detrimental to the surrounding land uses. Such industries will have their interests protected as long as they choose to remain; however, it is the City's general intent that, when feasible, the areas revert to uses more compatible with the surroundings.
4.1.3.3 The City prefers industrial uses that adopt processes and practices leading to optimal production, minimal consumption and maximum compatibility with neighbouring land uses and the environment.
The following text was added as O.P.A. #17, approved on February 18, 2003.
4.1.3.4 Adult oriented land uses shall be permitted in Industrial and Mixed Industrial Commercial areas, only if all of the following locational criteria are met:
a) Adequate separation distance is provided from sensitive land uses including residential, commercial, institutional and recreational (including parks & open space) uses.
b) Adequate separation distance is provided from all routes identified on Schedule E, Bicycle Path and Pedestrian Walkway System.
c) Adult oriented land uses shall not be permitted in “gateway” locations or along roads where exposure and visibility of land uses create an important first impression of the municipality to the travelling public.
d) Adequate separation distance be provided from the City’s municipal boundary to avoid negative impacts on sensitive land uses within neighbouring municipalities.
4.1.4 Locational Criteria
4.1.4.1 In order to ensure maximum accessibility, all industrial areas shall be located with direct access to at least one arterial or regional road or provincial highway which has both sufficient capacity to accommodate the traffic generated by the development and access to public transit.
4.1.4.2 Industrial uses which have visual or other adverse impacts such as noise, smoke, fumes, or vibrations, shall be located adjacent to other business uses rather than residential areas in order to minimize compatibility problems.
4.1.4.3 Professional service uses and permitted complementary commercial uses, both of which attract higher volumes of traffic than other industrial uses are to locate on the periphery of the industrial areas.
4.1.4.4 Industries wishing to locate adjacent to existing residential areas may be subject to provincial policies regarding separation distances.
4.1.5 Design Criteria
4.1.5.1 A visual and functional focus should be provided at all entrances to the designated areas incorporating a combination of design, landscaping and public art. Any industrial area located adjacent to the Welland Canal will integrate the Welland Canal Parkway Theme into their focus and design.
4.1.5.2 Industrial activities located adjacent to, or having exposure to provincial highways are to present a high corporate image of St. Catharines, incorporating appropriate design and substantial landscaping features into their developments in order to achieve pleasant aesthetics.
4.1.5.3 All industrial activities located along arterial or regional roads are to occur within enclosed buildings.
4.1.5.4 Off-street parking areas will be provided to meet the demands of the use. Access to the site, parking and circulation will be designed to provide safe, convenient and easily understood vehicular, cyclist and pedestrian movement into and within the site.
4.1.5.5 Parking areas located in front of main buildings should present an attractive design by incorporating the following features:
a) paved with concrete or asphalt;
b) defined by curbing of poured concrete;
c) clearly marked with pavement marking for each parking space; and;
d) landscaped at their perimeters and internally.
4.1.5.6 Access to each site should be by way of clearly indicated access points that are positioned to facilitate entry and exit by highway transport vehicles.
4.1.5.7 Outdoor storage and display areas should be located in the rear yard and screened from collector and arterial roads, provincial highways and adjacent non-industrial land uses.
4.1.5.8 Exterior walls of buildings that face an arterial road, provincial highway or face an area zoned or designated for residential use shall not be constructed of concrete blocks unless they are decorative masonry units.
4.1.5.9 Lighting facilities are to be arranged such that light is deflected away from adjacent residential properties.
4.1.5.10 Road allowances within industrial areas should be of sufficient width to accommodate transport vehicles, generally twenty (20m) metres.
4.1.5.11 Access to industrial uses shall generally be from internal roads. Direct access to arterial roads will be limited to maintain traffic flows.
4.2 COMMERCE
Commerce is broadly defined as the buying, selling and provision of goods and services directly to the public. This Plan recognizes that the health and vitality of the commercial sector is dependent on such factors as:
a) the continued growth, expansion and revitalization of a diversified commercial land use mix;
b) appropriate access to and through commercial areas for pedestrians, cyclists, and automobiles and transit vehicles;
c) adequate and appropriately located parking facilities.
It is an objective of this Plan to support the City's role as an administrative centre and to facilitate the location of additional administrative offices, particularly in the Central Business District, as they are important components of the municipality's economic base. It is also an objective of this Plan to increase the tourism opportunities throughout the City to provide greater economic and social benefit to the community. It is also important to ensure that the City's commercial structure is compatible with other land use components and readily accessible to all residents.
4.2.1 Permitted Uses - Commercial
4.2.1.1 The areas shown on Schedule B as designated Commercial permit a broad range of commercial operations encompassing primarily retailing, personal service and office uses. Other related activities include institutional, residential and public uses.
4.2.1.2 Residential uses are permitted in areas designated for commercial activities subject to the following conditions:
a) Residential uses shall be located above, below or behind the commercial space element to prevent an interruption of business frontage continuity;
b) amenity space will be required exclusively for the residential component and will be functionally separated from the public areas associated with the other uses on site;
c) design and development measures will be incorporated to minimize any possible negative environmental impacts such as noise, odours, litter and dust.
The following text was added as O.P.A. # 2, approved on November 11, 1998. d) Notwithstanding Section 4.2.1 of the Official Plan to the contrary, an apartment building shall be permitted on the lands described on Schedule B, Land Use Plan, as Amendment No. 2.
The following text was added as O.P.A. # 3, approved on December 10, 1998. e) Notwithstanding Section 4.2.1 of the Official Plan to the contrary, an apartment building (a converted dwelling) shall be permitted on the lands described on Schedule B, Land Use Plan, as identified in Amendment No. 3.
The following text was added as O.P.A. # 13, approved on December 28, 2001.
f) Notwithstanding Section 4.2.1 of the Official Plan to the contrary, three single detached dwellings shall be permitted on the lands described on Schedule B 2001-319, Land Use Plan, as identified in Amendment No. 13.
The following text replaced a previous section as part of O.P.A. # 34, approved on May 30, 2007.
g) Notwithstanding Section 4.2.1 of the Official Plan to the contrary, stand alone residential buildings shall also be permitted on the lands identified in Schedule B-2004-300 and Schedule B-2007-46 Land Use Plan, as identified in Amendment No. 23 and Amendment No. 34 respectively.
The following text was added as O.P.A. # 31, by OMB Order issued May 14, 2010.
h) i) Notwithstanding the Commercial Policies in Section 4.2.1.2 b), the Heritage Conservation policies in sections 7.10.7 c) and d) respectively, and any other policy of the official plan to the contrary; a 17 storey height limit, up to a maximum of 62 metres, shall be permitted in accordance with policies outlined in the Port Dalhousie Neighbourhood Plan, for residential uses permitted on lands identified on Schedule B, Land Use Plan attached hereto, as outlined in Amendment No. 31.
ii) Notwithstanding Section 13.3.2, a specific Holding (H) designation shall be applied to the residential component; and buildings and structures may be erected on the subject lands prior to the removal of the specific Holding (H) designation; however, the residential component shall not be used for residential purposes until such time as the provisions of the zoning by-law are met, including all conditions related to the Holding (H) conditions.
4.2.1.3 Only those uses serving the needs of the travelling public or tourist shall be permitted in areas zoned and intended for tourist commercial purposes. These cover a vast range of services and facilities that are linked to a tourist attraction, including:
a) places of temporary accommodation such as hotels, motels, inns, bed and breakfast establishments and campgrounds b) dining establishments such as restaurants and take out food establishments c) art and cultural establishments such as museums, galleries and theatres d) outdoor recreation uses, amusement parks or theme parks e) parks and open spaces f) sightseeing facilities and services g) festivals and events h) specialty retail shops such as souvenir shops and art and craft shops i) marinas
Notwithstanding the above list, uses associated with the operation of the Welland Canal will also be permitted in any tourist commercial zone adjacent to the Welland Canal.
4.2.1.4 The following types of provincially licensed or approved group homes as referenced in the relevant Provincial legislation shall be permitted in all commercial designations where residential uses are permitted without a specific amendment to any zoning area by-law:
a) Approved Homes; b) Homes for Special Care-Residential; c) Supporting Housing Programs: Adult Community Mental Health Program; d) Accommodation Services for the Developmentally Handicapped; e) Satellite Residences for Seniors; f) Halfway Houses for the Socially Disadvantaged; g) Childrens' Residences except for Group Homes for Young Offenders.
4.2.1.5 When considering the location of a new Group Home, attempts will be made to ensure that a distance of 300m is maintained between Group Homes.
4.2.2 Permitted Uses - Mixed Commercial - Residential
The Mixed Commercial-Residential Use Areas are areas of the City which presently have a wide range of commercial and residential uses in close proximity or in the same structure. They have evolved over a long period of time and, as a result, a degree of compatibility has been established among the commercial and residential activities.
Mixed Commercial-Residential areas may also be areas undergoing redevelopment where a satisfactory degree of compatibility can be achieved through the location and design policies of this plan.
It is the intent of this Plan to recognize the unique nature of these areas.
4.2.2.1 The areas shown on Schedule B, as “Mixed Commercial-Residential” permit commercial uses of a specified nature as well as residential and institutional uses. The general location of these mixed-use areas is outlined in the following:
a) Ontario Street (Welland Avenue to Rail Line) b) Facer Street (Niagara Street to Grantham Avenue) c) Lake Street (Welland Avenue to Beech Street)
The following text replaced the previous section as part of O.P.A. # 27, approved on September 7, 2005.
d) Welland Avenue (between Geneva Street and Vine Street South) e) Niagara Street (between Geneva Street and the Q.E.W) f) Queenston Street (South side between Emmett Road and the Welland Canal)
The following text replaced the previous section as part of O.P.A. # 27, approved on September 7, 2005.
g) Queenston Street (between Niagara Street and the Railway lands west of Grantham).
h) Vine Street (south of Scott Street)
The following text was added as O.P.A. #22, approved on December 16, 2004.
i) Hartzel Road (between the C.N. rail line and the Municipal Golf Course)
j) Merritt Street (between the C.N. rail line and Townline Road East)
k) Glendale Avenue (between Mountain Locks Park and Merritt Street)
The following text was added as O.P.A. # 27, approved on September 7, 2005.
l) Church Street (between Geneva Street and Queenston Street)
m) Geneva Street (east side between Division Street and Welland Avenue)
n) North Street (between Geneva Street and Niagara Street)
o) Davidson Street (south side between Niagara Street and Page Street)
p) Eastchester Avenue (south side between Queenston and the Railway lands)
The following text replaced a previous section as part of O.P.A. #27, approved on September 7, 2005.
The above areas save and except Ontario Street, Church Street, Geneva Street, North Street, Davidson Street, Welland Avenue, and Niagara Street between Geneva Street and Welland Avenue shall permit all forms of commercial activities suitable to a mixed use environment as well as low and medium density residential uses, either on a free standing or mixed use basis. Ontario Street shall be restricted to professional offices/clinics, either on a free standing or mixed use basis, as well as low and medium density residential uses. Church Street, Geneva Street, North Street, Davidson Street, Welland Avenue, and Niagara Street between Geneva Street and Welland Avenue shall be restricted to retail, personal service and restaurant uses, business and professional offices and all residential uses either on a free standing or mixed use basis.
4.2.2.2 In order to ensure that new development which takes place on a redevelopment or infilling basis is compatible with its surroundings, special efforts will be required which will deal with the following matters: a) The size, appearance and site treatment of projects will be compatible with the character of surrounding uses;
b) There will be adequate on-site parking; and
c) Vehicular access will generally be from the arterial and collector road systems and not adjacent local residential streets.
The following text was added as O.P.A # 25, approved on June 13, 2005.
4.2.2.3 Notwithstanding the policies of Section 4.2.2.1 regarding permitted uses within the Mixed Commercial Residential designation on Ontario Street, lands at 215 Ontario Street shall be permitted for a limited range of additional commercial uses, as outlined in the zoning by-law, providing the permitted uses are compatible with residential uses in the vicinity and providing the permitted uses do not intensify commercial activity on this lot.
4.2.3 General Policies
4.2.3.1 The existing commercial land use structure is to be built upon in order to reinforce the existing commercial areas and meet future market demands for space to the greatest extent possible through the infilling, revitalization and multiple use of existing areas and to protect non-commercial areas from intrusions of non-compatible uses.
4.2.3.2 The City will promote public measures that initiate commercial revitalization in order to promote economic development, particularly in the Central Business District.
4.2.3.3 The City will maximize the economic and recreational aspects of its waterways.
4.2.3.4 The City will support the continued development, intensification and rehabilitation within the existing commercial areas of the City. Existing buildings should be conserved and renovated as additions and conversions revitalize the existing buildings and extend their functional life.
4.2.3.5 In order to stage the development of proposals until a market exists for their development, the City may use the Holding provisions by-laws of the Planning Act. The removal of the holding symbol would occur when the required information has been provided by the proponent.
4.2.3.6 The City will support the development of services and facilities that will attract and support tourism. In this regard, Council may:
a) adopt such special techniques as joint ventures with private enterprise for the acquisition and disposal of lands and the development of lands;
b) carry out special studies and monitoring programs;
c) develop and implement policies and programs to facilitate discussions, negotiations and agreements involving both public agencies and private enterprise with respect to tourism;
d) carry out public works programs to facilitate tourism; and
e) participate in senior government programs as may be relevant to the improvement and revitalization of buildings and infrastructure.
4.2.3.7 Outdoor patio restaurants are a seasonal use and therefore temporary in nature, and should not be enclosed by a permanent structure. The outdoor patio restaurant should be clearly defined as to area of operation and designed so as to minimize any adverse impacts on abutting uses with specific regard for any adjacent residential uses. They should only be permitted where both the safety and convenience of the patrons and pedestrian traffic can be assured.
4.2.3.8 Proponents of an application to amend this Plan to establish a new Commercial designation or extend a commercial area may be required to prepare and submit market information in support of their application prior to a decision being rendered by Council. Market information will be particularly important where:
a) the viability of the Central Business District may be affected by virtue of the size of the proposed floor area of the commercial use;
b) the location of the commercial property may result in land use incompatibility by virtue of attracting a market and land use mix that is inappropriate for the site, and/or inappropriate in relation to the surrounding land uses; and
c) the size and location of the proposed commercial development could have an impact on the planned function of the existing commercial structure. 4.2.4 Locational Criteria
4.2.4.1 Commercial facilities of a regional scale, i.e. intended to serve regional populations, are to be located adjacent a provincial or regional highway that has the capacity to handle the traffic volumes generated from such activities. In addition the regional centre is to be served by an existing or proposed public transit system to provide a high level of accessibility.
4.2.4.2 Commercial facilities of a smaller scale intended to serve community populations as opposed to regional populations are to be located on arterial roads with sufficient capacity to handle the traffic volumes generated from their activities and be served by existing or proposed public transit services.
4.2.4.3 Commercial facilities of a retail and personal service nature intended to serve the general neighbourhood needs are to be located at the intersection of the arterial and collector roads.
4.2.4.4 Commercial activities shall generally be developed in proximity to intersections to prevent strip development. Accesses however must not create hazardous traffic conditions or impede traffic movement.
4.2.5 Design Criteria
4.2.5.1 In order to conserve and strengthen the special identity and character of the historic commercial areas, namely the Downtown, Port Dalhousie and Merritton, the zoning by-laws are to reflect the built form in these areas to ensure that new construction within these areas will be compatible to the existing built environment in terms of height, bulk and building materials.
4.2.5.2 Proposals for commercial development shall be evaluated in terms of the following factors:
a) Adequacy of site, size and shape to provide for all associated facilities;
b) Availability of municipal services to accommodate the proposed uses;
c) Adequacy of public transit, motor vehicle, bicycle and pedestrian access. Applications for commercial facilities of a regional scale will be required to incorporate transit transfer, arrival and departure facilities into the circulation design of the proposal, preferably adjacent to the main commercial building on the property;
d) Adequacy of parking, loading and storage facilities;
e) Adequacy of emergency access;
f) Compatibility and where necessary the integration potential, with adjacent land uses with respect to buffering, fencing, landscaping, storage, traffic and parking impacts, and building design;
g) The rehabilitation and preservation of existing buildings of historical or architectural significance.
4.2.5.3 The City shall, in considering applications for commercial uses adjacent to existing residential areas, minimize environmental noise pollution and visual impacts, through setbacks, landscaping and fencing.
4.2.5.4 The preservation of the natural environment and existing natural features such as trees, hedgerows and woodlots shall be incorporated, where possible, in the development of the site.
4.2.5.5 Insular buildings surrounded by surface parking and parking between buildings and streets should be minimized to maintain the street wall.
4.2.5.6 Facilities for solid waste storage and removal should be sited away from the street or abutting residential areas and should be screened in an enclosed structure.
4.2.5.7 Surface parking areas shall be sufficiently landscaped to create a congenial environment with minimum walking distance to buildings.
4.2.5.8 Infilling is the preferred form of street-related retail development rather than linear extensions.
4.2.5.9 Multiple floor buildings proposed to abut the street should be designed to avoid overshadowing the street by stepping back from property lines any upper floors above the existing adjacent roof lines.
4.2.5.10 Appropriate signage should be incorporated into the design of the site, using wall or ground mounted signs wherever possible.
4.3 MAJOR INSTITUTIONAL USES
Major institutions include health, welfare and educational establishments, government offices and activities and similar uses. Schedule B, Land Use Plan, indicates existing areas of the City that have evolved into Major Institutional Areas.
4.3.1 The establishment of new major institutions will be guided by the following principles which will be used in determining the appropriateness of new locations.
a) Major institutions must be adequately served by transportation services including roads, transit and pedestrian links.
b) Where appropriate in terms of size and function, major institutions will be encouraged to locate in association with the focus of a planning district as set out in Section 2. Alternative locations will only be entertained where this is clearly not feasible.
c) Where the institution is too large or otherwise inappropriate for the focus of a planning district, it will be encouraged to locate close to major open space or topographic features and alternative locations will only be entertained where this is clearly not feasible.
4.3.2 Sites intended for Major Institutions are to be of sufficient size to accommodate all required parking, buffering, and amenities, with particular emphasis on minimizing any adverse effects on adjacent residential areas.
The following text was added as O.P.A. #24, approved on April 12, 2005. It deleted Policy 4.4 as approved by O.P.A. # 22.
4.4 EXCEPTION
Notwithstanding the permitted uses of the Mixed Commercial Residential land use designation outlined in Section 4.2.2.1 of the Official Plan to the contrary, a limited range of industrial uses, including the existing paper mill, shall be permitted on the lands municipally known as 45 Merritt Street.
Permitted industrial uses, other than the existing paper mill, shall be limited to those uses which are considered to have a greater level of compatibility with residential uses in the vicinity, than that offered by the existing paper mill. Permitted industrial uses, including the existing paper mill, shall be identified in the implementing zoning by-law.”
The following text was added as O.P.A. # 28, approved on March 10, 2006.
Notwithstanding the permitted uses of the Industrial land use designation in Section 4.1.1 of the Official Plan to the contrary a ball hockey facility shall be permitted on the lands known municipally as 450 Eastchester Avenue East, as shown on Schedule “B” attached hereto.
SECTION 5 - ENVIRONMENTAL POLICIES
The City enjoys a variety of green spaces including many significant environmental features such as the Niagara Escarpment, Lake Ontario Shoreline, Fifteen Mile Creek, and Martindale Pond. In 1995, City Council adopted a Green Plan that examined the role of green spaces in the urban setting. Green spaces are recognized as having a direct and significant impact on our quality of life beyond their traditional role of providing recreation and quiet places. They also play a major role in protecting the quality of the natural environment (air and water quality, biodiversity, etc.)
The objective is to incorporate a broad planning approach including the identification and protection of significant natural areas, incorporation of environmental design and natural process management, and focus on conservation and remediation activities where appropriate. Schedule F identifies areas with natural environment features within St. Catharines, while Schedule C locates areas experiencing environmental constraints.
Alternative strategies may be required depending on the resource involved and the land use proposed, including preservation, conservation and management, and integration of the natural landscape into the urban environment.
Preservation may involve the prohibition of any land use in designated areas due to the ecological sensitivity or hazardous elements involved. Conservation may permit limited use of designated areas and include requirements for maintenance of the natural processes. Integration of the natural landscape into the urban environment permits development throughout the City but retains certain elements of the natural environment. This approach may include tree preservation, require dedications for public ownership and/or require building and structure setbacks. In some instances elements of each approach may be appropriate.
Inherent in the various strategies are standards that affect development patterns and quality of life to some degree including but not limited to;
a) provincial policies and legislation b) stream regulations c) woodland regulations d) water quality standards e) natural corridor programs
The environmental features are divided into two designations:
a) Environmental Protection are areas having special value requiring protection from development as they may be relatively rare, support plant and animal life, or have particular significant ecological functions; and
b) Major Open Spaces provide relief from the built environment, help maintain ecosystems, and are settings for recreational, cultural and historical facilities or activities.
5.1 ENVIRONMENTAL PROTECTION
Lands shown on Schedule B that are designated Environmental Protection are intended primarily for preservation and conservation of the natural environment. This includes protection of the environment for future generations; sustaining water quality and quantity; providing social and economic benefits to the populace; providing habitat to flora and fauna; and aiding in erosion and flood control, and slope stability.
Restrictions such as limited uses, completion of special studies, and requirements of enhanced features will be placed on development in and around the protected area, in order to achieve the objectives.
Areas designated Environmental Protection shall not be redesignated unless it can be shown to the satisfaction of the City, through consultation with senior government agencies, and through environmental studies prepared by qualified professionals, that the unique, representative or endangered feature no longer satisfies the designation criteria outlined in Section 5.1.2. The Environmental Protection designation generally delimits all lands within a valley, from top-of-bank and all lands within a defined setback from the top of the valley bank.
5.1.1 Objectives
5.1.1.1 The following objectives shall apply to areas designated Environmental Protection:
a) The preservation of the significant qualities of the natural areas that are particularly sensitive and require additional protection.
b) The protection of significant portions of the habitat of native species that are vulnerable, threatened or endangered.
c) The preservation and enhancement of the biotic diversity of the natural area.
d) The protection of areas that serve as significant wildlife and migratory corridors and habitats.
e) The protection of areas required for the conveyance of floodwater and the protection of water quality and quantity.
5.1.2 Criteria For Designation
5.1.2.1 Environmental Protection areas exhibit one or more of the following characteristics:
a) Distinctive landform: The area represents a distinctive and unusual landform locally, provincially or nationally. Locally the interest is on those landforms which were instrumental in the City's founding and affected its pattern of development.
b) Ecological Function: The ecological functions of the area are vital to the healthy maintenance of the natural system beyond its boundaries, such as:
i) a wildlife migratory stop over or concentration point; ii) a water storage or recharge area; iii) a linkage of suitable habitat between natural biological communities. iv) a micro climate supporting rare flora or fauna.
c) Biological Communities:
i) The plant or animal communities of the area are identified as unusual or of high quality locally, provincially or nationally; or
ii) the area has an unusually high diversity of biological communities and associated plants and animals due to a variety of geomorphological features, soils, water, sunlight and associated vegetation and microclimatic effects.
Generally the Environmental Protection designation will be applied to areas classified as Remnant Natural Areas in the City's Green Plan and areas of provincial significance such as "Escarpment Natural Areas" and "Provincially Significant Wetlands", as well as other areas such as creek valleys, significant woodlots, and significant natural corridors. Additional areas may be designated in accordance with the above-noted criteria.
5.1.3 Permitted Uses
5.1.3.1 Permitted uses generally include:
a) existing agricultural activities such as seeding, ploughing, harvesting and grazing.
b) conservation of the natural environment
c) forest, wildlife and fisheries management
d) pedestrian pathways and equestrian trails, provided they are constructed and located so as to minimize damage to the environment, ie. do not require extensive vegetation removal or do not significantly alter existing drainage patterns
e) essential watershed management and flood and erosion control projects undertaken by a public agency
f) additions or alterations to existing legal uses.
This list is general in nature in that not all uses will be permitted in all areas. Development may be permitted only if it does not negatively impact the natural features or the ecological functions for which the area is identified. Areas such as wetlands, woodlands, floodplains, and the Escarpment are more specifically dealt with in Section 5.3.
5.2 MAJOR OPEN SPACE
Major Open Space areas provide relief from the built environment, help maintain natural ecosystems and are settings for recreational, cultural and historical facilities and activities. Lands designated Major Open Space will consist of active recreational areas which are high maintenance parklands or passive recreational areas which the City wishes to maintain as low maintenance parkland or naturalizing areas that support facilities such as parkways and trails. Areas designated for Major Open Space activities may also contain cultural heritage resources. Large public utility area in the City are also designated as Major Open Space in this Plan.
For the convenience of mapping, only parkland identified as district parks (which includes playfields), and city-wide parks and regional open spaces are identified on Schedule B, Land Use Plan, as Major Open Space. The Secondary Plans and Zoning By-laws identify and designate all other park lands.
The intent of these policies is to develop high quality recreational, cultural and historical facilities throughout the City to serve the leisure needs and desires of the present and future residents, as well as address the conservation objectives of natural open space, and the city's green space system as outlined in the Green Plan. The City of St. Catharines considers the waterfront areas to be valuable public assets that provide both diverse recreational opportunities as well as maintaining the natural processes.
It is intended that private recreation will complement public recreation opportunities and the involvement of private participatory and volunteer recreation groups in the City will continue and grow. It is hoped that citizen participation will evolve through the stewardship and naturalization programmes outlined in the Green Plan.
5.2.1 Objectives
5.2.1.1 The following objectives shall apply to Major Open Space areas:
a) the provision of a variety of recreational areas to satisfy the diverse leisure needs of the residents;
b) the conservation of representative landforms, scenic views, scenic routes and heritage features for their recreational, educational, historic and tourism values;
c) the consideration of rehabilitated pits, quarries, and landfill sites for recreation facilities , parks or other open space purposes;
d) the integration of open space areas through linkages such as pathways, trails and natural corridors; and
e) the creation of publicly accessible open space in the development and consent processes.
5.2.2 Permitted Uses
5.2.2.1 Permitted land uses in the Major Open Space designation generally include:
a) public and private parks,
b) cemeteries,
c) recreational facilities such as beach areas, marinas, campgrounds, canals and golf courses,
d) cultural heritage resources such as archaeological sites, buildings and structural remains of historical, architectural and contextual value, and man-made rural, village, and urban districts or landscapes of historic and scenic interest, and
e) the essential operations of public utilities but not including their offices.
5.2.2.2 Ancillary uses may be permitted in the Major Open Space designated areas where they provide complementary services and facilities to the main use. Ancillary uses shall not be permitted to stand alone and will be limited in size by the zoning by-law.
5.2.2.3 Permitted uses may be allowed providing that:
a) the use of the land for recreational purposes does not conflict with the policies related to Environmental Protection areas or cultural heritage resources;
b) the design minimizes or eliminates any potential instability of slopes and allows for settlement of fill areas;
c) all structures and parking areas are attractively designed and landscaped in order to enhance their appearance; and
d) appropriate buffering is provided between adjacent land uses.
5.2.2.4 For specific program policies related to Parks and Recreation, reference should be had to Section 8 - Parks, Open Space and Recreation.
5.3 GENERAL POLICIES
5.3.1 Land Acquisitions
5.3.1.1 The City will, where deemed appropriate, pursue the acquisition of natural lands, including by way of dedication during the development process, to facilitate public access, provide protection to areas of natural significance, and to maximize opportunities for city-wide recreational use.
5.3.1.2 The City will consider the acceptance of gifts, donations, endowments and funds to finance wholly or in part the acquisition of these lands.
5.3.1.3 Lands having inherent environmental constraints will not necessarily be accepted as part of the parkland dedications required by the Planning Act.
5.3.1.4 Lands to be dedicated to the City will contain adequate space for maintenance, access, and operations where open watercourses, slopes, ravines and shorelines are involved.
5.3.1.5 The City recognizes that lands designated Environmental Protection, whether in private or public ownership, are accessible to the public at the discretion of the owner.
5.3.1.6 The City will provide information and assistance to encourage private landowners to participate in stewardship programmes that would help in retaining lands in their natural state.
5.3.1.7 The City shall seek the co-operation of adjacent municipalities to protect Environmental Protection areas and linkages that transcend municipal boundaries, through memorandums of understanding as outlined in the Green Plan.
5.3.2 Development
5.3.2.1 Any development occurring within an Environmental Protection area shall have no negative effects on environmental features such as ecological function, water quality or quantity, wildlife population and visual attractiveness. An Environmental Impact Statement will generally be required to determine the environmental effects.
5.3.2.2 All development shall be designed, constructed and located in a manner that preserves the natural characteristics of the area. In this regard,
a) fencing shall be provided during construction approximately 3 m (10 ft.) from the top of bank, or from the regulatory flood plain, as determined by the City to be appropriate. The crest or brow and toe of the slope or ravine is to be established by means of a site inspection and described and plotted on the appropriate plan;
b) vegetation sufficient to stabilize the soil shall be established on all disturbed areas as each stage of the grading is completed, particularly during the winter-spring runoff period;
c) the use of native plant material should be utilized on development sites wherever possible, particularly on lands below the top-of- bank to allow the natural processes to flourish;
d) adequate runoff, erosion and sedimentation measures are to be utilized to the satisfaction of the City;
e) where a lot is located in more than one designation, (i.e. shares a Major Open Space and Environmental Protection designation) development shall be located on that portion of the lot located in the least restrictive designation;
f) severances are prohibited in areas designated Environmental Protection. Where lands are partially within an Environmental Protection designation, severances may be permitted provided an appropriate building envelope exists outside of the Environmental Protection designation, and where the development of the building envelope would not negatively impact the natural features or ecological functions for which the area was designated Environmental Protection;
g) in areas designated Environmental Protection structures of any kind shall not be placed on any slopes in excess of twenty five per cent ( 1 in 4 slopes);
h) an engineering report prepared by qualified professionals shall be submitted by the applicant if the existing or future stability of the slope or ravine is in question.
5.3.2.3 Where the City has jurisdiction, measures should be implemented to restrict removal of top soil and control the destruction of the vegetation. The City encourages private stewardship of natural features by private individuals and land owners.
5.3.2.4 It is the City's intent that fish habitat areas be protected through a program of "no net loss" of fish habitat. Where loss of habitat can not be avoided or mitigated, appropriate compensation or replacement may be required to the satisfaction of the Ministry of Natural Resources. Shoreline protection works must incorporate fish habitat into consideration of their design and construction and be approved by the Ministry of Natural Resources.
5.3.2.5 Proponents of any development adjacent to environmentally significant areas may be required to submit an Environmental Impact Study (EIS) or other supporting information that satisfies the City of St. Catharines and the Region of Niagara that there will be no negative impact on the natural features or ecological functions on the adjacent environmental significant area. Environmentally significant areas include the Lake Ontario shoreline, Provincially Significant Wetlands, significant natural corridors such as the Fifteen Mile Creek corridor, and the Twelve Mile Creek corridor, fish habitats, significant woodlots (woodlots over 2 hectares), and areas identified by the province or its agents as Areas of Natural Scientific Interest (ANSI). An EIS shall include:
a) a description of the existing natural environment that will be affected or that might reasonably be expected to be affected, either directly or indirectly;
b) the environmental effects that might reasonably be expected to occur;
c) alternative methods and measures for mitigation of potential environmental effects of the proposed development; and
d) a monitoring plan to measure the potential effects on the environment.
5.3.2.6 For purposes of energy conservation, buildings should be designed and oriented in an energy efficient manner, and reused or renovated and urban design should decrease dependence on private automobiles and increase opportunities for public transit, walkways and cycleways.
5.3.2.7 The City shall minimize, where possible, the use of high maintenance landscaping on City property in favour of naturalized low maintenance landscaping.
5.3.3 Flood Plains
5.3.3.1 The criteria generally used in St. Catharines to determine the regulatory flood limits is the 100 Year Flood. The regulatory flood plain is defined as follows:
a) Where 100 Year flood regulation information is available: the 100 Year flood regulation shall apply. For the Lake Ontario shoreline the 100 Year flood with wave uprush level or the 100 Year erosion limit, whichever is the greater, will be used as the standard of protection.
b) Where Regional Flood regulation information is available and the 100 Year flood regulation information is not available, the Regional Flood regulation shall apply. However, a landowner, at his own expense, will have the option of determining the limits of the 100 year Flood lines.
c) Where no flood plain information is available and the City or the Conservation Authority has a flooding concern, the landowner will be required to determine the limits of the 100 Year Flood line.
d) Where the limits of the flood plain have been regulated, the regulatory flood lines as provided in the provincial statutes or regulations shall apply.
5.3.3.2 Development within the flood plain shall be cognizant of flood susceptibility and the degree of flood risk. The following uses are generally permitted as the threat to life and potential damage to property is low:
a) agricultural uses b) open space for public/private recreation c) storage yards excluding structures d) parking areas e) approved structural works used for flood and erosion and sediment control f) appurtenances to permitted uses which would not obstruct the passage of flood waters or debris g) inground swimming pools. h) natural areas
5.3.3.3 Alterations and/or additions to existing structures within flood plains are allowed provided that they do not aggravate existing flood related conditions and are approved by the Conservation Authority.
5.3.3.4 The relationship between eroded shorelines or banks and flood plains is important. Development proposals for land uses along or adjacent to the Lake Ontario shoreline and banks along the numerous watercourses will
be assessed by a number of factors, including:
a) the environmental constraints (soils, vegetation, water quality, fish and wildlife) and the manner in which they are incorporated into the design and evaluation through an Environmental Impact Statement, where necessary;
b) the compatibility with existing land uses, vehicular access, services, ownership, slope, topography and erosion;
c) the adequacy of the erosion protection and the potential for damage to property; and
d) responsiveness of proposals to other objectives of this Plan, such as the recreational policies and environmental protection policies.
5.3.3.5 If, after due consideration of the flood implications, such a development is deemed acceptable in principle, mitigation and enhancement measures may be recommended to ensure the natural environment is not adversely affected, and in fact, may be improved.
5.3.4 Wetlands
5.3.4.1 Development shall not be permitted within Provincially Significant Wetlands. Development in this context means:
a) the construction, erection or placing of a building or structure;
b) activities such as site grading, excavation, removal of top soil or peat and the placing of fill;
c) drainage works, except for the maintenance of existing municipal and agricultural drains.
5.3.4.2 In St. Catharines, Provincially Significant Wetlands include:
a) Martindale and Barnesdale Marsh, and part of Twelve Mile Creek b) Fifteen Mile Creek c) Lake Moodie.
Any other areas later classified as Provincially Significant Wetland will be subject to these policies.
Notwithstanding the above policy, the protection of the Martindale Pond is not intended to interfere unreasonably with rowing activities. This sport is of prime importance to the City of St. Catharines and the national and international world of rowing. However, any works undertaken for the benefit of rowing should consider wetland conservation practices in their design and construction practices.
5.3.4.3 Development may be permitted on lands adjacent a Provincially Significant Wetland if the following criteria are satisfied:
a) there shall be no loss of wetland function;
b) there shall not be a subsequent demand for future development which will negatively impact on existing wetland functions;
c) there shall be no conflict with existing wetland management
practices; and
d) the proposed development shall not result in any loss of contiguous wetland area.
5.3.4.4 Where deemed necessary, an Environmental Impact Study (EIS) prepared by qualified professionals shall be carried out by development proponents addressing items 5.3.4.3 a) to d) to the satisfaction of the City of St. Catharines.
5.3.4.5 Notwithstanding the foregoing, established agricultural activities are permitted on adjacent lands without an Environmental Impact Study.
5.3.5 Niagara Escarpment
5.3.5.1 The Niagara Escarpment is a provincial resource for which legislation has been enacted to preserve the area "substantially as a continuous natural environment, and to ensure only such development occurs as is compatible with the natural environment". Within the Development Control Area as shown on Schedule C, development requires a development permit from the Niagara Escarpment Commission except when development control is replaced by zoning.
5.3.5.2 The area designated in the Niagara Escarpment Plan as "Escarpment Natural" as shown in Schedule J has a high level of environmental significance and/or ecological sensitivity which is critical to the maintenance of the natural system. Therefore this area is designated Environmental Protection on Schedule B of this Plan and is subject to the policies pertaining thereto. The permitted uses include the uses outlined in Section 5.1.3 a) through f).
5.3.5.3 Lands designated as "Escarpment Protection", as shown in Schedule J , in the Niagara Escarpment Plan are intended to act as a buffer between the natural and the rural and urban areas. These lands can tolerate limited modification, and uses permitted include the following:
a) uses allowed in the "Escarpment Natural" area; b) agriculture; c) horticulture; d) small scale commercial uses accessory to agriculture such as cottage wineries and fruit and vegetable markets; e) single detached dwellings; f) mobile and portable dwelling accessory to an agricultural operation; g) incidental uses such as swimming pools and tennis courts provided the impact on the natural environment is minimal.
5.3.5.4 Lands designated as "Rural", as shown in Schedule J, in the Niagara Escarpment Plan are subject to the Agricultural Policies of this plan save and except those areas on Schedule B of this Plan that are designated Environmental Protection which are subject to the applicable policies.
5.3.5.5 The range of permitted uses and the creation of new lots for the lands designated Urban Area in the Niagara Escarpment Plan as shown on Schedule J are subject to the policies applicable to the urban area outlined in this plan. in addition to the development objectives and criteria required within each designation composing the urban area in this plan, the following Development Objectives for Urban Areas in the Niagara Escarpment Plan shall apply:
(a) All development should be of an urban design compatible with the visual and natural environment of the Escarpment. Where appropriate, provision for adequate setbacks and screening should
be required to minimise the visual impact of urban development on the Escarpment landscape.
(b) New development shall not encroach into the Escarpment Natural or Escarpment Protection Areas.
(c) New lots shall not encroach into the Escarpment Natural Area or Escarpment Protection Area, except:
i. Correcting conveyances;
ii. Where the land in the Escarpment Natural Area or Escarpment Protection Area is to be acquired by a public body.
(d) The enlargement of existing lots which includes the Escarpment Natural Area or Escarpment Protection Area shall not be permitted except:
i. Where the Escarpment Natural or Escarpment Protection area does not become further fragmented; and
ii. Where there is sufficient area in the urban Area to accommodate the proposed development.
(e) Adequate public access to the Escarpment should be provided by such means as parking areas, walkways or pedestrian trails (e.g. The Bruce Trail).
5.3.5.6 The Niagara Escarpment Plan contains a series of Development Criteria (part 2 of the Niagara Escarpment Plan) which are to be applied to all development within the area of the Niagara Escarpment Plan. The criteria deal with development in a variety of situations, and, therefore, all the criteria will not apply to every development. Notwithstanding the policies of the Official Plan affecting development within the Niagara Escarpment Area, development proposals shall be subject to Part 2 of the Niagara Escarpment Plan where the Escarpment Plan is more restrictive. The implementation of the Development Criteria will be through either a City zoning by-law which does not conflict with the Niagara Escarpment Plan, or the Development Control review process where applicable.
5.3.5.7 The Niagara Escarpment Plan contains policies and a framework for the Niagara Escarpment Parks and Open Space System. The Bruce Trail, Welland Canal lands and the Short Hills are an integral part of this Park System within the City of St. Catharines. The development of this Park System is supported..
5.3.6 Woodlands
5.3.6.1 The stock of trees in the municipality will be maintained and increased by:
a) encouraging tree planting on private lands;
b) requiring the planting of trees along road allowances;
c) incorporating existing tree cover into the urban area park system where appropriate;
d) maintaining and enhancing tree cover and underground growth along watercourses and steep slopes to reduce soil erosion;
e) require proponents of a development on non-significant woodlands
to submit a Tree Protection Plan to be approved by the City prior to issuance of a building permit. The Tree Protection Plan should identify the exact location of any trees to be cut or protected and the specific measures to be taken to protect the remaining trees; and
f) consideration by the City of such measures as credits, land purchase or exchange, or transfer of development rights to safeguard the woodlots or forested area.
5.3.6.2 Significant woodlots are designated as Environmental Protection areas which severely restrict development activities. 5.3.6.3 Any tree cutting proposed within the area controlled by the Niagara Escarpment Plan is subject to the policies contained therein.
5.3.6.4 Cutting of trees shall comply with the requirements of the Regional Niagara Tree Conservation By-law.
5.3.7 Landfilling
5.3.7.1 Landfilling is the disposal of waste and may include covering the waste with cover materials at regular intervals. The intent of these policies is to provide knowledge on landfilling activities to guide development decisions.
5.3.7.2 Various sites in the City have been used over the years for landfilling or dumping. The sites that are known to the City are generally outlined on Schedule "C". However, the City is not aware of all former public or private landfill or dump sites and the only method to identify if an area is free of any former landfill activity is to drill a series of bore holes in a uniform pattern across the property.
5.3.7.3 The City supports the use of the "3R" principle, namely reduce, reuse, and recycle, as a means of reducing reliance on landfilling activities in order to move towards sustainable waste management practices.
5.3.7.4 Development on or adjacent to a non-operating site should be cognizant of the following factors:
a) leachate b) surface runoff c) ground settlement d) soil contamination/hazardous waste e) landfill generated gases, particularly methane gas.
5.3.7.5 All environmental and legal requirements, including but not limited to soil studies, audits, and satisfactory engineering of the development, are the sole responsibility of the developer. Accordingly, where new development defined as site preparation and construction of new structures is proposed on lands adjacent to a known landfill site the City shall require the developer to assess the site for the factors identified in Policy 5.3.7.4 in accordance with the requirements of the Ministry of Environment as a condition of development approval.
5.3.7.6 The Municipality will consider ways to implement the "reduce, reuse, recycle" concept in order to reduce reliance by the community on landfilling, to provide for a manageable waste system.
5.3.8 Contaminated Sites
5.3.8.1 The intent is to ensure that development takes place on sites safe from soil, groundwater, and/or surface water contamination and to ensure that decommissioning and clean-up of contaminated sites is completed in an environmentally acceptable manner. In this regard, the City shall require,
prior to considering any development of land that is known or suspected of containing contaminated soils, that the appropriate studies are carried out in accordance with legislation in existence at the time of the application.
5.3.8.2 The City shall require, on all other properties requiring an Official Plan Amendment, Zoning By-law Amendment or Subdivision Approval, a Record of Site Condition from the proponent that the site has been investigated and found to be free from contamination as specified by the appropriate Provincial and /or Federal legislation and guidelines.
5.3.8.3 The City shall require, as a condition of development approval, when/where contaminated sites are found, soil and ground water studies and management plan which shall meet the standards set by provincial and federal regulation, statute, and guidelines. 5.3.8.4 The City shall require for all land being dedicated, conveyed or purchased by the City for purposes outlined in this Plan, a sworn statement that the site has been investigated and found to be free from contamination as required by the appropriate Provincial or Federal legislation and complies with applicable guidelines.
SECTION 6 - THE CENTRAL AREA
The Central Area is comprised of the Central Business District and its immediate environs. The area is characterized by a wide variety of land uses and activities, from the predominant business, commercial and administrative activities to residential uses and numerous medical, cultural and entertainment services. This strong mixed use profile is the backbone of the Central Area and it is the objective of this Plan to preserve and strengthen the variety of activities and functions in the downtown core and to improve its role as a major economic and social centre for the City and the surrounding region that it serves.
It is widely recognized that a sense of identity and civic pride is generated by a vibrant and cohesive downtown. While it is the intent of this Plan to promote a functional and attractive downtown environment, it is important to go beyond these general principles and provide a program of positive actions and regulations in order to meet the objectives vital to the health and vitality of the core area and the whole community. To this end, Section 15 of the Official Plan, entitled "The Central Area Secondary Plan" establishes more detailed planning and development guidelines for the downtown core and adjacent residential areas. These guidelines should be read in conjunction with the general policies set out herein and other relevant sections of the Official Plans as they apply to the designated secondary planning area.
6.1 PUBLIC DEVELOPMENT POLICY
Up to the present time, the selection of sites for the location of public buildings has generally been made by the authorities concerned independently of each other. While many of these have been placed in the downtown area, others have been placed in random locations elsewhere. There are significant advantages to establishing a unifying guidance for the location of major public functions and securing their development in the Central Area. The majority of these need to be in contact with each other and the closer this can be made, the more it will facilitate this contact and thus, ease the paths of administration. A central location also is desirable for the visiting public who should have access to public offices with a minimum of inconvenience. Economies in the amounts of land that are required, the concentration of a potent force for civic pride and identity and the possibility of establishing a civic centre where these functions can be grouped together in one or more complexes with a high standard of architectural unity and civic design are compelling reasons for a Central Area location.
6.1.1 It is the intent of this Plan that the major functions of the City and its various local boards, commissions and other authorities will be located in the Central Area. This is to be done wherever possible in public buildings which shall be grouped into complexes and so arranged to achieve a high standard of civic design.
6.1.2 Subsidiary functions such as branch libraries, local fire halls and police stations, schools and recreation facilities etc., may be located in suburban areas in accordance with the policies in Section 2, but the administrative and central offices of these will be encouraged to locate in the Central Area.
6.1.3 Major office buildings and administrative quarters of major businesses and service activities, large hotels and convention facilities, large and specialty retail operations and major cultural activities will be encouraged to locate in the Central Area. Where a proposal for one of these functions or its like is considered by the City, every effort will be made to induce its location on a central site.
6.1.4 Where difficulty is experienced by a major private developer in assembling land for a development that is to be encouraged under this Section of the Plan, the City will, if requested, offer its assistance; and
a) May act as an intermediary through the use of its good offices to secure the voluntary co-operation of all parties necessary to bring the proposed development to fruition; and
b) Where the development is of sufficient importance to the City and is clearly in the public interest, but it would otherwise fail to materialize, the City may designate the area as a redevelopment area as provided by the Planning Act, and may assemble the necessary land and carry out such other action as is needed to bring the proposed development to fruition.
6.2 TRANSPORTATION
The transportation system in the Central Area consists of a network of roads, service lanes, transit facilities, parking and pedestrian routes. This system shall be progressively improved and enhanced in order to further the creation of a functional and attractive downtown environment and a more efficient circulation of people and goods. The following policies have been adopted to guide the development and improvement of this transportation system and such policies will be refined and amplified in the preparation of secondary plans.
6.2.1 The total road system, point of access and circulation pattern is to be such as to achieve a maximum of accessibility into the central business district from Highway No. 406 and the arterial roads that serve the area;
6.2.2 The use of prime commercial streets by through traffic will be discouraged by providing improved arterial facilities for this purpose around the perimeter of the central business district;
6.2.3 As the Central Area develops, further parking accommodation will be provided in a series of parking garages which will be located strategically to serve the central business district;
6.2.4 In order to improve the physical amenities of the central business district, special treatment will be afforded the pedestrian by the physical separation of walkways from traffic carrying streets;
6.2.5 In any redevelopment of the central business district, special consideration will be given to securing a physical separation of service traffic, concerned primarily with moving supplies, products, merchandise etc. and business, shopping and leisure traffic, concerned primarily with moving people;
6.2.6 A new transit terminal for the local transit system will be provided and is to be combined with new facilities for inter-city buses. The location for these will give the greatest possible ease of access to the expressway system and the arterial road system, as well as to the downtown core.
6.3 CIVIC BEAUTIFICATION
6.3.1 A program of civic beautification will be adopted for the central business district in keeping with the intent of this Plan to promote the idea of the Garden City. This program will concentrate on improving the visual amenity through the use of landscaping, park development, open pedestrian squares and an integrated street furniture design.
SECTION 7 - URBAN DESIGN, AMENITY AND HERITAGE CONSERVATION
Urban design deals with the tangible elements of city form (the visual aspects of planning). This includes the structure and character of open spaces including streets, parks, public gathering places, natural areas, and the diversity of built environments.
The specific role and importance of urban design and general amenity as part of the Official Plan is to interpret and draw together the community's qualitative expectations for the urban area in physical terms. It is through these policies that a vision of what St. Catharines seeks to be can be expressed. The overall purpose of the policies is to achieve a high standard of design throughout the City.
St. Catharines is a mature city with several distinct areas. The Official Plan will guide change in a manner that sensitively integrates the new with the old.
The following policies should be read together with other sections of the Official Plan and their implementation will rely on the co-operation among the various stakeholders in the community (eg. developers, landowners, residents, the City) in the preparation, review and approval of development proposals and community improvement plans.
7.1 RELATIONSHIP WITH THE NATURAL ENVIRONMENT
St. Catharines is located between Lake Ontario and the Niagara Escarpment, with numerous creek systems and environmentally sensitive areas (eg. Martindale Pond). In existing urbanized areas, the relationship to these natural features will be enhanced through a thoughtful approach to their conservation, visibility, and accessibility.
7.1.1 New development will be designed to be compatible in scale and character with natural features and enhance the visual qualities and public enjoyment of them.
7.1.2 Site design and planning will consider the existing topography and preservation and enhancement of existing vegetation and natural features. This includes:
a) Ensuring that existing naturalized open space on lands proposed to be developed is retained to the maximum extent possible, and where retained, is allowed to regenerate with minimum intervention.
b) Applying development standards designed to maximize retention of significant woodlots (woodlots over 2 ha) and other features.
c) Enhancing ecological stability by supporting the use of low maintenance landscape features and materials.
d) Supporting the use of native plant species when creating new plant communities or when adding to existing native plant communities.
7.1.3 Where they remain, the pleasant tree-lined streets of the older areas will be protected and where trees have to be removed, they will be replaced as soon as possible.
7.1.4 In general, a program of tree planting, preservation and landscaping will be engaged in so that all areas are provided with trees and other vegetation to maintain a high standard of amenity and appearance.
7.1.5 In all public works, trees will be retained and when trees must be destroyed to effect the works they will be replaced as soon as possible by other trees of sufficient maturity and in sufficient number to enhance the appearance of the public works at the time they are completed.
7.2 PUBLIC AREAS
The quality of public areas is one of the primary focuses of urban design. These are the network of streets, parks, squares, natural areas, and public buildings. The treatment and use of these public areas should set a standard for private improvements.
The following policies are intended to ensure both that built form and open space public areas are designed sensitively, and that they are integrated into the overall fabric of the city by improving linkages between existing areas and providing physical and visual access to parks and open spaces.
7.2.1 Urban design opportunities will be considered as part of the design of all municipal undertakings, including public parks and buildings, public streets, natural areas and municipal infrastructure projects related to public spaces. The design of such projects will consider:
a) The introduction or improvement of linkages where existing areas are inadequately connected to each other or between public areas.
b) Improvements to existing streetscapes wherever reconstruction occurs.
c) Roadway design to maximize the preservation and maintenance of existing natural features such as trees and other vegetation.
d) The design definition of intersections of major roads serving as entrances to neighbourhoods.
e) Naturalization opportunities, including the use of native species of trees in the development of open spaces.
7.2.2 City Council may identify certain locations as gateways into the City or parts of the City, and may require distinct urban design treatment of these locations.
7.3 UNIVERSAL ACCESS
Broadly defined, universal access means providing a broad range of users with varying needs the opportunity to move through the City independently with as few obstacles, physical and psychological, as possible.
7.3.1 Continuous universal access will be provided to public buildings and facilities, along pedestrian routes, and between transportation connection nodes using a number of possible features. These features may include level surfaces or minimal grade changes, ramps with an appropriate slope ratio, elevators, automatic doors, curb cuts, railings, and rest areas.
7.3.2 In proposed and existing developments, universal access will be provided along primary pedestrian routes such as sidewalks and main entrances to buildings to remove the perception of segregation.
7.4 PERSONAL SAFETY
Deterring crime has, until recently, been beyond the scope of traditional land use planning. However, a growing body of information has emerged, the objective of which is to design public and private spaces with crime prevention in mind. This is based on an "eyes on the street" mind set and on removal of opportunities for threats to safety philosophy. This may be achieved by sensitive site layout and location of public spaces.
7.4.1 Frequent occupancy of public spaces throughout the daily, weekly and seasonal cycles shall be promoted. This can be achieved by supporting the proximity of spaces, activities, uses and institutions which provide a public presence at various times.
7.4.2 Shared facilities such as parking and outdoor and indoor walkway systems will be promoted in order to increase use and public presence in these areas. 7.4.3 Public and publicly accessible spaces such as parking facilities, walkway systems and lobbies should not be placed in remote or isolated locations.
7.4.4 Publicly accessible spaces should be located near public roads, transit stops or other active spaces in order to allow public surveillance.
7.4.5 Views into, out of, and through publicly accessible spaces should be provided. This may be achieved through open atria, broad corridors and a minimum of recesses and concealed areas.
7.4.6 Adequate lighting should be provided in concealed areas or those areas where visibility may be poor.
7.4.7 Landscape elements should be selected and sited to maintain views of lobbies, windows, parking facilities and pathways, among others.
7.4.8 Access points from public and publicly accessible spaces should be clearly identified.
7.4.9 The City will prepare detailed guidelines for planning and designing safer urban environments.
7.5 BUFFERING
7.5.1 Appropriate buffering will be required between all uses of land where there may be a conflict and where one use may detract from the enjoyment and functioning of adjoining uses. Such buffering is to be in a sufficient amount to minimize as far as possible any mutual ill effects and be appropriate to the particular conditions encountered.
7.5.2 Special restrictions will be required where residential uses adjoin industrial, commercial, institutional and any other uses of land characterized by traffic generation, the use of trucks, goods handling, noise and fumes, congregations of people or other factors affecting residential amenity so that this amenity is maintained or enhanced.
7.5.3 Noise and vibration studies together with appropriate mitigating measures may be required for all development within 300 m of a railway right-of-way for noise, and within 75 m of a railway right-of-way for vibration. In addition, appropriate safety measures such as setbacks, berms, and safety fencing will be required.
7.6 SIGNS AND STREET FURNITURE
7.6.1 By-laws will be passed pursuant to the Municipal Act to regulate private signs and advertisements and the design of public signs and street furniture will be co- ordinated to achieve a harmony of appearance and an attractive street scene that will be an asset to the Garden City.
7.7 DESIGN SCHEMES AND LAND ASSEMBLY
Development in certain parts of the City has produced a pattern of low density in which many sizable parcels of land are becoming increasingly difficult to divide into reasonable lots. The results of this are seen in excessive costs for providing services, increasing difficulties in infilling and an eventual pattern of residential development that is of poor urban quality.
It is the intent of this Plan to address this problem and to secure an improvement in the quality of these residential areas as they develop further. In order to do this, the following program will be pursued.
7.7.1 If any residential development proposal and land assembly could have an impact on the physical compatibility of adjoining properties or upon the development or redevelopment potential, proponents shall be required to prepare a design scheme (preliminary site plans, building elevations, context plans, and/or shadow plans, as appropriate) to illustrate how area wide development can be integrated and staged.
7.7.2 Such a design scheme shall be a detailed plan of the area concerned and may show proposed collector roads, local access roads and proposed lots as required.
7.7.3 When a design scheme has been prepared, all proposed severances, subdivisions and other parcelling of land will be referred to the scheme to determine their appropriateness in terms of the development of the whole area. Where the proposal is in harmony, any minor adjustment will be secured as far as possible and provided it conforms to the other policies in this Plan, nothing in this Section shall bar its development.
7.7.4 Where the proposal is not in harmony with the neighbourhood, the City will endeavour to secure the voluntary co-operation of the owner and developer to revise it and to bring it into harmony. If such co-operation cannot be secured and if the realization of any part of the design scheme would be jeopardized by the proposal, it will not be permitted.
7.7.5 Special restrictions will be required for lands adjacent to arterial and collector roads, and adjacent to active railroads and proposed rights-of-way for railroads in order to afford adequate protection for residential neighbourhoods and, where necessary, to maintain circulation and traffic flow. The restrictions for these locations are to be worked out in the zoning by-laws.
7.8 OVERHEAD WIRES
7.8.1 Electrical power, telephone and other utilities and cables shall be placed wherever possible underground. This will be done in a manner that both maintains existing area character, as well as allowing the opportunity for further aesthetic improvements such as boulevard tree planting, among others.
7.9 LENDING SHAPE TO BUILT FORM
Previous sections of this Section have, for the most part, presented urban design solutions to a number of specific issues.
It is however, necessary to have a framework of urban design principles for day-to-day planning decisions. The more traditional land use planning tools such as density, coverage and even height, can be translated into a predictable and consistent set of characteristics of what a development may look like when it is built.
The fundamental guiding principle is sensitivity to context. St. Catharines is made up of a number of distinct areas, each with their own history, character, and sense of place. New development should 'fit in' in terms of form and function. In situations where there is no established streetscape pattern, new development should be designed to set a precedent and create a positive point of reference for future development. The following criteria are intended to apply to all forms of development. More specific policies intended exclusively for residential development are found in Section 3.
7.9.1 Development will be designed in a manner that maximizes compatibility with the surrounding area in terms of the following matters as a basis for evaluating compatibility and for achieving design excellence.
a) The proportions (relationship between height and width) of the front or primary facade(s) and, to a lesser extent, the other exterior building walls.
b) Overall building height.
c) Roof form and pitch, together with any other structures on the roof.
d) The placement, number, type, and proportion of doors and windows on the front or primary facade(s).
e) Spacing of buildings both between one another as well as to the front and rear property lines.
f) The level and visibility of the ground floor relative to exterior grade.
g) The overall scale of the development as it relates to the surrounding area. In this regard, compatibility may be achieved by avoiding long, unbroken expanses of walls; additive massing; creating relief in walls; the use of varied colours, textures, types, qualities and patterns of finish materials; roofline articulation.
h) Natural vegetation and any other distinctive landscape or streetscape features.
i) Policy 7.9.2 a) and b).
7.9.2 Where the streetscape pattern is relatively weak or there is no established pattern, building design will rely on design techniques and articulation aimed at creating a more attractive urban form. In addition, design influences, while not immediate, can be references or themes common to the City or Region. The following criteria should be followed to achieve this objective.
a) The overall mass of the building should be broken up in a manner that emphasizes a human scale and aesthetic.
b) Where overall mass cannot be broken down into components, pieces or sections, (eg. a single mass building), there are methods that can be used to achieve design articulation and excellence, such as:
i) Materials, textures and colours for the main part of the building should be used in a manner that does not contrast with the surrounding landscape. A combination of natural materials (brick, stone, concrete) and colours (earth tones) should be considered.
ii) With respect to item (I) above, contrast can be used, however, in identifying architecturally significant elements, entrances and exits, signage and protrusions.
iii) Single, continuous rooflines should be avoided in order to break up larger volumes and mass. In this regard the use of different styles (gable, hip, mansard) is suggested. Flat or mono pitched roofs should be avoided. If they are required, false or "fausses" facades can be used.
iv) Continuous expanses of facade wall should be broken up visually (by using multiple materials, detailing, banding and varied brick coursing and colours among other methods) and physically (by using additions, setbacks, bays, niches, windows, signage, and any other elements that may break up the facade).
7.10 HERITAGE CONSERVATION
7.10.1 Cultural heritage resources include, but are not necessarily restricted to archaeological sites, buildings and structural remains of historical, architectural and contextual value, and human-made rural, village, and urban districts or landscapes of historic and scenic interest.
7.10.2 Council will consult with St. Catharines Heritage Committee in matters relating to the conservation of cultural heritage resources within the municipal boundaries. As requested by Council, the Heritage Committee may identify and/or inventory buildings of architectural or historical significance and advise Council on those considered worthy of designation under the Ontario Heritage Act. Individual properties may be considered for designation pursuant to the Ontario Heritage Act if they exhibit or contain one or more of the following criteria:
a) the building is associated with the life of a significant member of the community;
b) the building has played a role in an important historic event;
c) the building has architectural significance, value or interest due to building type, architectural style or period, or if it is the work of an important architect or early builder;
d) the building has contextual significance because of its position as an integral part of the surrounding streetscape.
7.10.3 In reviewing proposals to alter individual buildings designated under the Ontario Heritage Act, the City will be guided by the general principles contained in Section 7.10.
7.10.4 The City in consultation with the Heritage Committee may also designate Heritage Conservation Districts under the Ontario Heritage Act where it has been determined that the district possesses one or more of the following attributes:
a) the area contains a group of buildings or features that reflect an aspect of local history through association with a person, group or activity;
b) the area is characterized by buildings and structures that are of architectural value or interest;
c) the area contains other important physical and aesthetic characteristics that alone would not be sufficient to warrant designation but provide an important context or association with the district including such matters as landscape features or archaeological sites.
7.10.5 Prior to designating a Heritage Conservation District the City will:
a) by by-law define and examine an area for future designation;
b) prepare and adopt a Heritage Conservation District Plan containing policies, guidelines and relevant information respecting the protection and enhancement of the district;
c) establish for each district a "district committee" that will advise Council on matters pertaining to the designated district.
7.10.6 Within a designated district it is the intent of Council to conserve and enhance the unique heritage character of the area. Council on consultation with the appropriate district committee will encourage property owners to maintain and repair heritage buildings and seek government grants and loans for eligible conservation work.
7.10.7 In reviewing proposals for the construction, demolition, or removal of buildings and structures or the alteration of existing buildings, the City will be guided by the applicable heritage conservation district plan and the following general principles:
a) heritage buildings, associated landscape features and archaeological sites including their surroundings should be protected from any adverse effects of change;
b) original building fabric and architectural features such as doors, windows, mouldings, vergeboards, walling materials and roofs should be retained and repaired rather than replaced wherever possible;
c) new additions and features should generally be no higher than the existing building and wherever possible be placed to the rear of the building or set back substantially from the principal facade;
d) new construction and/or infilling should be compatible with surrounding buildings and streetscape by: being generally of the same height, width and orientation as adjacent buildings; being of similar setback; and using similarly proportioned windows, doors and roof shape.
e) design, style, materials and colours for new construction will be considered on an individual basis on the premise that contemporary styles can be more appropriate in certain cases than using design styles and motifs from pervious periods.
7.10.8 a) Public works and landscaping within a designated district should ensure that existing road and streetscapes are maintained or enhanced and that proposed changes respect and are complementary to the identified heritage character of the district.
b) Council shall have regard for cultural heritage resources in undertaking public works. When necessary, Council will require satisfactory measures to mitigate any negative impacts on significant cultural heritage resources.
c) Council shall encourage local utility companies to place equipment and devices in locations which do not detract from the visual character of cultural heritage resources and which do not have a negative impact on the architectural integrity of those resources.
7.10.9 a) Required road rights-of-way indicated elsewhere in the Official Plan will be required in designated districts but every effort shall be made to ensure that existing pavement widths especially where they are major contributors to the character of the streetscape will be retained.
b) Council shall have regard for cultural heritage resources especially in terms of the character of landscapes and streetscapes, tree lines, bridges and the prevailing pattern of settlement in considering the construction of new roads and road improvements including realignment and road widening. When necessary, Council will require satisfactory measures to mitigate any negative impacts on significant cultural heritage resources.
7.10.10 The City may accept the donation of easements on real property designated under the Ontario Heritage Act.
7.11 HERITAGE IMPLEMENTATION
7.11.1 Where Council has designated Heritage Conservation Districts in accordance with the policies of the Official Plan it is intended that the general policies pertaining to districts will be refined and amplified to apply to individual designated districts and their particular attributes and features by means of heritage conservation district plans.
7.11.2 Generally, a Heritage Conservation District Plan will be prepared prior to the designation of a district and will prescribe policies, conservation and design guidelines, and other pertinent material relating to the sound and prudent
management of the district's unique character.
7.11.3 Heritage Conservation District Plans will be adopted by Council by-law under the Ontario Heritage Act after consultation with property owners and other interested agencies as considered appropriate.
7.11.4 Conservation district plans will be implemented by municipal review of permit applications for changes within the district. Additionally the City may participate in and administer senior government programs which provide funding for the enhancement of heritage resources as well as initiate public improvements within the district.
7.11.5 Improvements on public lands shall be compatible with the surrounding area in terms of use, scale and general design where applicable.
7.11.6 Where Official Plan policies and/or land use designations are considered to be unsympathetic to the protection of a particular heritage conservation district the City may amend the Plan to better reflect the appropriate planning and conservation of that area.
7.12 ARCHAEOLOGICAL CONSERVATION
7.12.1 Council recognizes that there may be archaeological remnants of prehistoric and early historic habitation within the municipality. Council will therefore require an archaeological survey of lands proposed for development exhibiting archaeological potential and the preservation or rescue excavation of significant archaeological resources found which might be affected in any future development, in co-operation with the Ministry of Citizenship, Culture and Recreation.
In addition there is the potential for co-operation with the Ministry of Citizenship, Culture and Recreation in conserving resources of archaeological value pursuant to the Ontario Heritage Act.
7.12.2 Council may consider the preparation of an Archaeological Master Plan. The Plan will identify and map known archaeological sites registered with the Provincial Archaeological Sites Database as well as lands within the municipality that have the potential for the discovery of archaeological resources. The Plan will also outline policies, programs and strategies to protect significant archaeological sites. The Plan will be undertaken by an archaeological consultant licensed pursuant to the Ontario Heritage Act.
7.13 SIGNIFICANT LANDSCAPES, VISTAS AND RIDGE-LINES
7.13.1 Council recognizes the need to identify and conserve significant landscapes, vistas and ridge-lines, and may inventory these resources and develop appropriate development criteria.
SECTION 8 - PARKS, OPEN SPACE AND RECREATION
The Official Plan for parks, open space and recreation is intended to provide a guiding framework for parks and recreation planning, the allocation of municipal resources and the co- ordination of public and private actions affecting the supply of recreation services and facilities to St. Catharines residents.
Many groups and agencies contribute significantly to the overall supply of recreation opportunities throughout the community. It is not the intent of the municipality to duplicate these services and facilities, but to focus upon those areas of community recreation need which are economically difficult or impossible for other groups and agencies to provide.
It is the purpose of this Plan to define the areas of municipal responsibility through the identification of goals, objectives and implementation strategies for the development of municipal parklands and the provision of recreation services and facilities throughout the community. The translation of these goals and objectives into action-oriented policy statements, provides the means of achieving the stated goals and objectives within the limits of legislative, economic and physical constraints.
8.1 GOALS AND OBJECTIVES
8.1.1 To ensure that a wide range of recreation opportunities and facilities are provided throughout the City to meet the needs and interests of community residents.
8.1.2 To further the creation of an attractive urban environment, through the development and maintenance of a parks and recreation system consistent with the Garden City image.
8.1.3 To ensure that natural environment features are protected, preserved and enhanced for the benefit and enjoyment of existing and future residents.
8.1.4 To ensure that adequate parks, open spaces and recreation facilities are provided for people of all ages.
8.1.5 To identify and respond to the needs and interests of the community through an ongoing program of parks and recreation planning.
8.1.6 To encourage and maintain open channels of communication with community groups, sport organizations and public agencies in the planning and development of parks and recreation facilities.
8.1.7 To increase public awareness regarding the availability of existing recreational services and facilities.
8.1.8 To progressively eliminate the deficiencies in parks and recreation facilities through programs of land acquisition and park development.
8.1.9 To identify and preserve land for future community use in advance of urban development.
8.1.10 To ensure that urban development patterns do not encroach upon areas of significant recreational, cultural or environmental significance.
8.1.11 To pursue the development of an integrated and physically continuous open space system readily accessible to the majority of the residents.
8.1.12 To encourage the initiatives of private individuals and groups in the development of municipal parklands and the provision of complementary services and facilities throughout the community.
8.1.13 To maximize the use of external revenue sources and assistance programs in furthering the development of the City's parks and recreation system.
8.2 POLICIES AND IMPLEMENTATION STRATEGIES
The identification of goals and objectives in the Official Plan sets out the directions for future parks and recreation planning. It is important to translate these general statements of intent into meaningful and constructive policies and implementation strategies in order to guide long range planning and decision making. The formulation of more detailed policies and guidelines also provides a basis for co-ordinating the development of parks, open space and recreation facilities and for monitoring the park development process.
8.2.1 Park Planning Districts
8.2.1.1 Recreation needs, interests and preferences are largely influenced by the availability of existing services and facilities and the demographic characteristics of local population groups. In order to accommodate the varying circumstances and needs that will be encountered from one area of the City to the next, the system of planning districts set out in Schedule 'A' will be used.
a) Planning districts, as shown on Schedule "A", shall form the basis for future parks and recreation planning and the provision of facilities to serve local interests and needs.
b) The combination of planning districts shall be used as the basis for planning the collective needs of the community for city-wide parks and regional open spaces.
8.2.2 Parks and Recreation Hierarchy
In order to accommodate the needs and interests of different age groups within each of the planning districts, a hierarchy of parks, open spaces and recreation facilities shall be provided. This hierarchy shall be comprised of neighbourhood parks and playgrounds, district parks and playfields and city-wide parks and regional open spaces and shall be developed in accordance with the following standards:
8.2.2.1 Neighbourhood Parks and Playgrounds
a) Purpose and Function: Neighbourhood level parks and recreation facilities should be designed primarily for childrens' activities with limited opportunities for youths and adults. Where there is a preponderance of a specific user group such as young families and/or senior citizens in an area, facilities and programs should be tailored more specifically to the particular needs of these groups.
b) Service Radius: Neighbourhood parks and playgrounds should be readily accessible to the majority of neighbourhood residents. The optimum service radius of these types of facilities is 400 metres or 5 minutes walking distance, respecting the limited mobility of the service population.
c) Size: Neighbourhood parks and playgrounds should be provided on the basis of 1 ha/1000 population up to a maximum of 3 ha per park site. .8 ha/1000 should be devoted primarily to active recreation uses of an informal, casual and non-capital intensive nature. .2 ha/1000 should be devoted to passive recreation uses with major emphasis on natural environment features, shaded areas and low maintenance landscaping. Variations to the size may occur based on facility requirements and user needs of specific service areas of the park.
d) General Topography: Neighbourhood parks and playgrounds should be predominantly flat and well-drained in order to accommodate a variety of neighbourhood active recreation
activities. Up to 20% of each site may be developed with contour variations in order to create an attractive park-like setting and to provide opportunities for passive recreation.
e) Location: Neighbourhood parks and playgrounds should be centrally located, within safe and convenience walking distance of the majority of neighbourhood residents. Such facilities should be designed with extensive street frontage for visibility and safety and should be co-ordinated with public or separate elementary school sites where possible.
f) Facilities: Neighbourhood parks and playgrounds should be of sufficient size to accommodate a variety of recreation facilities. Some examples include:
- backstop for children's ball facilities - a junior-sized soccer field or playfield - playground equipment - paved areas for informal games/basketball uprights - facilities for mothers with pre-schoolers - shaded areas for passive recreation - parking areas where appropriate
8.2.2.2 District Parks and Playfields
a) Purpose and Function: District parks and playfields should be designed primarily for youths and young adults with major emphasis on facilities for organized and non-organized sports. Smaller areas should also be set aside for landscaping, beautification and passive recreation.
b) Service Radius: As the majority of facilities at the district park level cannot be supported by a neighbourhood population and as youths and young adults are much more mobile than neighbourhood park users, greater travel distances to district parks and playfields can be justified. A 20-minute walking distance or 1.6 km service radius is the optimum for district parks and playfields.
c) Size: District parks and playfields should be large and spacious in order to accommodate a wide variety of senior calibre recreation facilities. District parks and playfields should be provided on the basis of 0.5 ha/1000 population and should range in size from 4 to 8 hectares. Variations in sizes may occur based on facility requirements and user needs of specific service areas of the park.
d) General Topography: District parks and playfields should be reasonably flat, with peripheral contour variations and landscaping provided for visual effect and passive recreation. Berms and plantings may also be effectively utilized in separating children's playground facilities from athletic and sports facilities or other incompatible uses.
e) Location: District level parks and recreation facilities should be situated in a manner which is reasonably central to the service population and directly accessible by public transit, automobile and bicycle. Frontage on a major traffic route is desirable with facilities provided for off-street parking. The provision of district level parks and recreation facilities should also be co-ordinated with secondary school sites where possible, in order to maximize the use of public open space and to achieve a complementary integration of recreation facilities.
f) Facilities: District parks and playfields should be developed as
focal points for organized and non-organized team sports, athletic activities and casual recreation which requires the provision of fairly expensive and sophisticated facilities. Some examples of facilities at the district park level are:
- regulation-sized soccer fields - softball and baseball diamonds - football fields - tracks and fitness courses - tennis, volleyball and basketball courts - night lighting and spectator facilities - swimming pools and wading pools - arenas - major playgrounds - community centres - passive recreation areas - parking facilities
8.2.2.3 City-Wide Parks and Regional Open Spaces
a) Purpose and Function: City-wide parks and regional open spaces should be developed for the enjoyment of a diversified population, including individuals, family groups and community organizations. Opportunities for both active and passive recreation, social and cultural activities and the preservation of natural environment areas, historic sites and wildlife habitats should be encouraged at this level.
b) Service Radius: City-wide parks and regional open spaces should be readily accessible to the entire community by means of public transit and private automobile. Secondary means of public access in the form of pedestrian walkways and bicycle paths are also desirable.
c) Size: City-wide parks and regional open spaces may vary in size depending on the nature and extent of facilities to be provided. The amount of land required to adequately service the community should be determined on the basis of 4.5 ha/1000.
d) General Topography: City-wide parks and regional open spaces should be developed to take advantage of prominent land forms and natural environment features. These include shoreline areas, ravine lands, watercourses, significant tree stands, canals, wet lands and marshes. Other sites with limited topographical variations and natural environment features may be more suitably developed for major sports activities and special events.
e) Location: In general, city-wide parks and regional open spaces should be widely distributed throughout the municipality encompassing areas of unique character and significance, wherever possible. Special-purpose parks designed to accommodate civic and cultural activities require more strategic locations in the downtown core whereas, facilities of a major sports and athletic nature should be developed in outlying areas where appropriate provisions can be made for parking, flood lighting and buffering of adjacent land uses.
f) Facilities: City-wide parks and regional open spaces should be multi-purpose in design or contain specialized uses. Multi-purpose parks should offer a wide range of recreation opportunities such as picnicking, hiking, swimming, boating, winter sports activities,
nature observation and areas for active play. Special-purpose parks should be designed for specialized uses. These include golf courses, bird sanctuaries, zoos, marinas, bicycle trails, art galleries, civic centres, botanical gardens, major sports facilities, cemeteries and museums. The City will endeavour to provide a multi-purpose trail system to provide access to parks and community focal points and to provide linkage to natural areas.
Where land acquisition and development strategies cannot be carried out effectively to accommodate all levels of the park hierarchy requirements, the criteria respecting lower levels of the hierarchy may be satisfied by higher level provision, such as district or city-wide parks.
8.3 PARK ACQUISITION AND DEVELOPMENT PRIORITIES
8.3.1 The hierarchy of parks, open spaces and recreation facilities set out in Section 8.2 of this Plan shall be used as the basis for measuring the adequacy of existing services and facilities within each planning district and the assignment of land acquisition and development priorities.
8.3.1.1 In newly developing residential areas, every attempt will be made to ensure that a full complement of parks, open spaces and recreation facilities is provided according to the standards prescribed in this Plan.
8.3.1.2 In existing residential areas, deficiencies in parks and recreation facilities will be progressively eliminated through a program of land acquisition and park development.
8.4 LAND ACQUISITION
8.4.1 Park deficient areas are shown on Schedule D. A program of land acquisition should be initiated in order to secure the necessary park sites in advance of further urban development and to alleviate existing park deficiencies.
8.4.2 In those areas where suitable park sites are not available for public acquisition, the municipality should undertake more detailed planning studies in order to determine the amount of land which can reasonably be secured or investigate joint-use agreements with other agencies in order to satisfy municipal park requirements.
8.4.3 Monies accumulated in the City's park fund should be used as far as possible for alleviating the deficiencies in neighbourhood parkland, however this will not exclude the use of this fund for other park priorities.
8.5 PARK DEVELOPMENT
8.5.1 Where existing parks, open spaces and recreation facilities are determined to be inadequate, the municipality will attempt to bring these areas and facilities up to desirable standards through an ongoing program of park development.
8.5.2 In the development and improvement of individual park sites, consideration shall be given to the problems of public accessibility, park identification and the private encroachment onto municipal property. The municipality shall attempt to alleviate these problems whenever possible.
8.5.2.1 Accessibility will be improved through the provision of pedestrian walkways wherever practical.
8.5.2.2 Acquisition of abutting lots or blocks of land in registered plans of
subdivision will be undertaken where practicable to facilitate public park use and to increase their visibility and safety.
8.5.2.3 The identity of municipal parks and open spaces will be improved through a program of park identification and signing.
8.5.2.4 Private property encroachments on municipal parklands and natural environment areas will not be permitted and should be progressively eliminated in order to maximize the use of these areas for public recreation purposes.
8.6 PARKLAND DEDICATION
While a program of land acquisition and park development is required to alleviate outstanding deficiencies and needs, it is important to ensure that an adequate level of recreation services and facilities is also provided in newly developing areas in order to accommodate the needs of incoming residents and to avoid creating further deficiencies.
8.6.1 Population growth and increased residential densities has rendered the 5% dedication provisions of the Planning Act inadequate in meeting the needs for neighbourhood parkland. Revised dedication policies are required in order to accommodate further population increases and to reduce the burden placed on municipal resources in providing standard services and facilities to incoming residents.
8.6.2 In order to ensure that sufficient parkland is provided in areas of residential development and redevelopment, conveyances of land for neighbourhood park purposes shall be directly related to the number and types of dwelling units proposed for development or redevelopment.
8.6.2.1 For dwelling unit densities up to 40 units per hectare park dedication shall be calculated on the basis of 1 hectare of land for every 300 dwelling units proposed for development or redevelopment.
8.6.2.2 For dwelling unit densities ranging from 40 units per hectare to 100 units per hectare park dedication shall be based on 1 hectare of land for every 400 dwelling units.
8.6.2.3 For dwelling unit densities exceeding 100 units per hectare park dedication shall be based on 1 hectare of land for every 500 dwelling units.
8.6.2.4 Notwithstanding the above rates, no more than 20% of any lands proposed for development or redevelopment shall be required for park dedication purposes.
8.7 CASH-IN-LIEU OF PARK DEDICATION
8.7.1 Generally, cash will be accepted in lieu of parkland under the following circumstances:
a) Where the application of the rate of conveyance would render the remaining portion of the development site unsuitable or impractical for residential development or redevelopment.
b) Where the amount of required parkland would be insufficient to accommodate the development of a desirable range of recreation facilities according to the standards prescribed in this Plan.
c) Where existing municipal parklands are available in sufficient quantities to accommodate further development or redevelopment in an area.
d) Where more suitable parcels of land are available for municipal park purposes.
8.7.2 Where money is to be paid to the municipality in lieu of land dedication, the value of the land shall be determined as of the day before the day of issuance of the building permit in respect of the development pursuant to the Planning Act as amended from time to time.
8.7.2.1 For the purpose of establishing a convenient and equitable basis for accepting cash-in-lieu of land dedication, a fixed cash payment per dwelling unit shall be charged by the municipality and such charges shall be adjusted annually to reflect the general rate of increase in land values throughout the City.
8.7.3 In areas of development or redevelopment, where cash is accepted in lieu of land dedication, funds shall be used primarily for the acquisition of neighbourhood parklands in the vicinity of the development or redevelopment site. Consideration may be given to the use of funds for the development of park sites or the provision of recreation facilities, where lands for acquisition are not available.
8.7.4 Where cash-in-lieu payments are insufficient for the purposes of Section 8.7 or where adequate parks and recreation facilities are already provided, funds shall be used for the acquisition and/or development of other parklands within the Planning District.
8.7.5 In the event that a Planning District has adequate parks and recreation facilities to accommodate further development and/or redevelopment, any funds accumulated in the District Park account shall be transferred to other Planning Districts to help alleviate the deficiencies in those areas.
8.8 PARKLAND ACCEPTABILITY
8.8.1 Where land, as opposed to the cash value of land is required for park dedication purposes, the municipality must be satisfied as to the location, size, configuration and general topography of the proposed park site within the development or redevelopment area. More specifically:
8.8.1.1 Park sites should be of sufficient size and shape to accommodate the development of standard neighbourhood park facilities.
8.8.1.2 Park sites should be reasonably central to the service population and should feature extensive street frontage for visibility, safety and accessibility.
8.8.1.3 Park sites should have a minimum street frontage of 30 metres increasing in size by 40 metres per hectare.
8.8.1.4 Where required, secondary accesses in the form of pedestrian walkways shall be provided by the developer in accordance with the following design criteria:
a) 3.65 metre minimum right-of-way
b) durable walking surface materials
c) fencing to municipal specifications
8.8.1.5 Lands required for park dedication purposes shall not be susceptible to major flooding, poor drainage, erosion, steep slopes or other environmental or physical conditions which would interfere with their potential development or use as public recreation areas. Lands subject to these conditions will be integrated, where possible, with the development of municipal parks and open spaces in order to form pedestrian walkways, linear trail systems and passive recreation areas.
8.8.1.6 Where possible and desirable, park sites should be oriented to take
advantage of favourable topography, vistas and mature stands of trees.
8.8.1.7 Lands dedicated to the municipality for public park purposes shall be covered with an adequate layer of topsoil and shall be graded to establish finished contours by those responsible for dedicating the lands.
8.8.1.8 Where required and appropriate, park sites will be integrated in design with appropriate storm water management programs.
8.8.1.9 Parks sites should be free and clear of all abandoned structures, building materials and debris and left in a condition which is generally satisfactory to the municipality.
8.9 PARK DEVELOPMENT PROCEDURES
8.9.1 Neighbourhood Parks
8.9.1.1 In order to accommodate the needs for neighbourhood park facilities in newly developing areas, lands will generally be acquired at the time when development or redevelopment proposals are being made so that these parks may be closely integrated into the design of the area.
8.9.1.2 The detailed design of the neighbourhood parks will be carried out as soon as possible after the boundaries of the land to be acquired for park purposes are known, so that landscaping and topographical modifications may be co-ordinated to the advantage of both the City and Developer.
8.9.1.3 The City will endeavour to provide a basic level of recreation services and facilities in newly acquired parks so that immediate benefit may be derived from these parklands. Generally, this shall include seeding, sodding and the establishment of appropriate plant materials. Subsequent development will occur once major deficiencies and priorities in other parts of the Planning District are resolved.
8.9.1.4 Notwithstanding Section 8.9.1.3 to the contrary, consideration shall be given to altering the priorities for park development, where citizen group donations, cost-sharing programs or capital grants are made available for the development of specific projects. In this regard, the City must be satisfied that:
a) The project is in reasonable harmony with the policies and park development standards established in the Official Plan;
b) Manpower and time can be allocated to the project without adversely affecting the provision of other services and facilities.
8.9.2 District Parks
8.9.2.1 In the development of district parks and recreation facilities, lands will generally be acquired as far ahead of development as possible in order to maximize the opportunities for site selection, accessibility to transit routes and proper spatial distribution.
8.9.3 City-wide Parks and Regional Open Spaces
8.9.3.1 While sufficient lands are presently available in the form of city-wide parks and regional open spaces to accommodate the needs of the existing population, the majority of these lands require further development and improvement in order to facilitate greater public recreational use.
8.9.3.2 The development and improvement of city-wide parks and regional open spaces will generally be carried out as part of an ongoing park development program.
8.9.3.3 In order to expedite the development and improvement of these areas, the municipality shall avail itself to the provisions of the various Acts and cost-sharing programs wherever these may be applicable.
8.9.3.4 In order to afford future city residents the same level of service as is presently enjoyed by the existing population, the City of St. Catharines, in co-operation with the Region and the Niagara Peninsula Conservation Authority, should initiate appropriate long range planning studies for the identification of potential park sites and open space areas for future recreational development.
8.9.4 Linear Park Development
8.9.4.1 The growing popularity of physical fitness activities such as walking, jogging, bicycle riding and cross-country skiing has resulted in increased demands for linear park development and the provision of bicycle paths, hiking trails and pedestrian walkways.
8.9.4.2 In order to accommodate these needs, the municipality shall actively pursue the development of an integrated and interconnected system of public parks and open spaces in accordance with the following provisions:
a) Based on the Niagara Escarpment, the valleys and tributaries of the Twelve and Fifteen Mile Creeks, the Martindale Pond and the Lake Ontario shorelines and lands associated with the present and former Welland Ship Canals, a continuous system of open space shall be created and maintained with an environment of trees, grass and natural wilderness readily accessible to the majority of community residents.
b) As far as possible, this system is to be continuous and lands will be added wherever feasible to improve upon the continuity and to gain direct pedestrian access from adjacent parks.
c) Minor watercourses, utility corridors, surplus railway lands and other open spaces will be joined to the system wherever possible in order to facilitate public access and to maximize the opportunities for linear park development.
d) Where any of the lands involved are in their natural state, they will be protected and preserved as wilderness as far as possible except for the purposes of general maintenance and provision of linear park facilities.
8.9.4.3 Strategies will be formulated to include public use of the Lake Ontario Shoreline. These strategies shall establish guidelines for the future use, development and redevelopment of the Lake Ontario Shoreline based on the following principles:
a) To maximize the amount of public open space along the Lake Ontario Shoreline for city-wide recreational use.
b) To resolve the problems of public accessibility, continuity, shoreline erosion and degradation of the natural environment.
c) To identify appropriate strategies for property acquisition, land reclamation and restoration of the Lake Ontario Shoreline as required.
d) To create a plan which is socially acceptable, economically feasible, flexible in design and staging and capable of
implementation as adequate funds became available.
e) To integrate the lakefront studies with similar plans as they exist in surrounding areas and to recommend policy changes where necessary to allow for the implementation of any proposed schemes.
8.9.5 Environmental Protection Areas
Those sections of the open space system that are designated as Environmental Protection in the Official Plan shall be subject to the policies related to Environmental Protection areas.
8.9.6 Bicycle Paths and Pedestrian Walkway Systems
8.9.6.1 The presence of the Welland Canal and its antecedents, the Lake Ontario Shoreline and the Twelve Mile Creek offer unique opportunities for the development of a bicycle path and pedestrian walkway system enriched with historical significance and cultural heritage. Opportunities are also available for the development of secondary access routes along minor watercourses and utility corridors as shown on Schedule E.
8.9.6.2 To facilitate the development of this bicycle path and pedestrian walkway system, the City will seek the co-operation of the St. Lawrence Seaway Authority, the Niagara Peninsula Conservation Authority, the Hydro- Electric Power Commission, the appropriate Provincial Ministries and any other group or agency which may have an interest or might provide assistance in implementing the proposed system.
8.9.6.3 The following principles shall be used to guide the development of the bicycle path and pedestrian walkway system and to ensure consistency in design standards.
a) That a continuous trail system be developed, suitable for the use of pedestrians and cyclists.
b) That the system be developed to take advantage of significant historical, cultural and environmental features.
c) That the system be separated as much as possible from vehicular traffic routes.
d) That the system be constructed wide enough to permit two-way pedestrian and cycling traffic and the access of maintenance and emergency vehicles.
e) That the system be constructed according to proper engineering standards including asphalt surfaces, compacted granular base and adequate drainage.
f) That appropriate warning signs and pavement markings be established enroute for the safety and convenience of both pedestrians and cyclists.
g) That secondary routes and pull-overs be incorporated into the overall design concept in order to provide rest areas and places for scenic observation.
8.10 INSTITUTIONAL LANDS AND FACILITIES
Public and private institutions contribute significantly to the overall supply of recreational services and facilities available throughout the City of St. Catharines. Where possible, the municipality shall seek the co-operation of these various institutions in extending the use of their lands and facilities to the general public,
at such times as they are not being used exclusively for their own activities and programs.
8.10.1 Boards of Education
8.10.1.1 Close co-operation between the City and the area School Boards shall be maintained for the purpose of achieving a complementary integration of and optimum utility as public parklands and community service facilities. Where possible:
a) The establishment of neighbourhood parks will be co- ordinated with public or separate elementary school sites.
b) The establishment of district parks will be co-ordinated with secondary schools or other appropriate senior education facilities.
c) Where required, the provision of indoor facilities in the form of community recreation centres shall also be co- ordinated with appropriate elementary or secondary schools in order to maximize the use of facilities and to take advantage of economies of construction, operations and maintenance.
8.1.1.2 The standards for neighbourhood and district parkland set out in this Plan will be used to guide the development of school playgrounds and the provision of associated recreation facilities. Portions of school playgrounds shall be credited and listed in parkland inventories for park purposes where adequate opportunities are provided for neighbourhood or district use.
8.10.1.3 Where playground facilities are inadequate according to the standards set out in this Plan, the municipality in co-operation with the appropriate school board, shall attempt to develop and improve these facilities where possible. In particular:
a) A program of landscaping and tree planting shall be initiated in order to provide greater opportunities for passive recreation in the design of school playgrounds.
b) An expanded range of playground facilities should be provided in highly populated areas in order to accommodate the needs of pre-schoolers as well as elementary school age children.
c) Playground signs should be established in order to improve the identity of these areas as public open space.
d) In combined park/school sites, except where required for safety or the protection of adjacent properties, perimeter fencing should be eliminated between school playgrounds and park sites in order to provide an inviting park-like atmosphere and to encourage public use and accessibility between the two (2) sites.
8.10.2 Private Recreation Facilities
8.10.2.1 The private sector, through its numerous clubs and organizations, provides a wide range of recreational services and facilities throughout the entire community. While many of these facilities cater to specific groups or members, their presence in the community greatly alleviates the pressures which would otherwise be placed on municipal recreation resources for similar services and facilities.
8.10.2.2 The municipality recognizes the importance of the private sector in the supply of these complementary services and facilities and shall continue to support and encourage the efforts of these groups wherever possible and required.
8.10.2.3 While the development of certain recreation facilities can best be met by the private sector, the municipality may consider a joint venture with a private organization provided that there is a demonstrated need for a particular facility and that appropriate agreements can be reached with respect to design, construction, operation, maintenance and public use.
8.11 MEDIUM AND HIGH DENSITY DEVELOPMENTS
8.11.1 The trend toward intensification and the reduction of individually held open space has resulted in increased demands for public parks, open spaces and recreation facilities. While the City recognizes its responsibilities in providing these increased services and facilities, developers of medium and high density developments must also assume a larger role in the supply of indoor and outdoor recreation opportunities in and around the home environment.
8.11.1.1 Pre-school play areas are to be included in the planning of medium and high density developments in order to provide safe and convenient play spaces for younger children and accompanying parents or guardians. Play areas should be centrally located within sight and hearing distance from as many dwelling units as possible and should be designed to accommodate a variety of facilities including swings, slides, climbing equipment, imaginative and creative play apparatus as well as places for adults to sit in a shaded, landscaped setting.
8.11.1.2 Accommodating the needs of older children and adults in medium and high density developments shall require the provision of larger open spaces and more sophisticated recreation facilities commensurate with age and interests. These facilities may include fitness, hobby and games rooms, swimming pools, saunas or steam rooms, tennis courts, volleyball courts, unstructured play spaces, barbecue pits and landscaped areas for passive recreation.
8.11.2 The municipality shall seek the co-operation of private developers in providing a variety of indoor and outdoor recreation facilities in the design of medium and high density developments. Where such developments cannot be designed with adequate open space or recreation facilities, developers shall be encouraged to reduce the density or find alternative building sites in close proximity to schools, parks or other open spaces.
8.11.3 The provision of private open space and recreation facilities in medium and high density developments as outlined in Policy 8.11.2 will be in addition to the requirements for park land dedication. Exceptions, however, may be made in the case of senior citizen or other specific use housing projects in situations where amenity areas are provided on-site and the amenities satisfy municipal standards and the City is satisfied the said amenity area will be available to the public.
8.12 IMPLEMENTATION AND MONITORING
In order for the policies in this Plan to continue to be effective, it is important to monitor changes in recreational behaviour and evaluate the effectiveness of the policies on a regular basis as follows:
a) a long term multi-phase plan of works required to achieve the objectives of the plan will be prepared and will include land acquisition, park development, park improvement and other works of a capital nature required
b) a complete review of the Parks Policy Plan will be conducted every five years c) an annual report will be produced on a yearly basis which inventories activities which work toward the objectives of the plan.
SECTION 9 - THE AGRICULTURAL AREA
The Agricultural designation pertains to those areas of the City located beyond the City's Urban Boundaries as defined by the Regional Policy Plan. Due to a combination of soils and climate, these areas are considered to be unique agricultural lands suitable for the production of tender fruit and grapes as shown on the Agricultural Land Base Map of the Regional Policy Plan. It is the intent of this Plan to preserve these lands for agricultural uses and promote further agricultural development in the Agricultural Area. In addition to its importance for food production, the agricultural area has a significant tourist potential that should be tapped to promote the tender fruit and grape industries. Non-agricultural development shall be severely restricted except as provided for in this Plan.
9.1 LAND USES
9.1.1 The predominant use of land in the area shown on Schedule "B" as Agricultural shall be for:
Main uses: agricultural activities including livestock, field crops, fruits, vegetables, greenhouses and horticultural specialities. Provisions will be included within the appropriate zoning by-laws for residential dwellings.
Secondary Uses: cottage wineries, seasonal retail produce outlets selling locally grown produce, home occupations, and home industries where impacts on the natural environment and agricultural operations are assessed and are acceptable. These uses are to be secondary and incidental to the main agricultural operation.
The following text was added to O.P.A. # 10, approved on August 12, 2002.
9.1.1.1 Agri-tourism uses shall be permitted on farms in the agricultural area subject to the following criteria:
a) Agri-tourism uses shall be permitted on farm parcels with a minimum 6 ha (15 Ac.), (as set out in the Zoning By-law) to a maximum of 464.5 m² (5000 square feet), as-of-right. Agri- tourism uses shall be permitted on all farm parcels to a maximum of 93 m² (1,000 square feet), as-of-right. Agri-tourism uses between 93 m² and 464.5 m² may be considered on farm parcels less than 6 ha. by way of a zoning by-law amendment subject to the same criteria as set out in Section 9.1.1.3.
a.i) Notwithstanding subsection “a” the total of all agri-tourism uses combined on one farm property shall not exceed 50% of the gross floor area of a winery on the same property up to a maximum of 464.5 square metres (5000 sq. ft.).
b) Bed & Breakfast accommodations shall be permitted to a maximum of 6 bedrooms with the exception of lands within Niagara Escarpment Development Control Area. The standard in the Niagara Escarpment Plan area remains at a maximum of 3 bedrooms.
c) Off-farm products shall be permitted up to a limit of one-third the total floor area of the commercial area, or a maximum of 93 m² whichever is less (except within the area of the Niagara Escarpment Plan, where a smaller area may be required in accordance with the Niagara Escarpment Plan).
d) Agri-tourism activities shall be served by an on-site sewage disposal system. It must be demonstrated that the system will not negatively impact the agricultural viability of the subject property, surrounding area, or the natural environment.
9.1.1.2 Agri-tourism uses (with the exception of bed & breakfast accommodations) greater than 93 m² shall be subject to the site plan control.
9.1.1.3 Proposals for Agri-tourism developments greater than 464.5 m² on farm parcels with a minimum of 6 ha, will be considered by way of a zoning by-law amendment subject to the following criteria:
a) Ability to accommodate on-site services, including parking and sewage disposal.
b) Compatibility with surrounding land uses.
c) Impact on agricultural potential of the farm property.
d) Impact on viability of overall agricultural community.
9.1.1.4 All proposals for Agri-tourism developments must comply with the Regional Policy Plan.
9.1.1.5 Severance of Agri-tourism developments shall not be permitted.
9.1.2 Cottage wineries
9.1.2.1 The minimum lot size for cottage wineries shall be set out in the zoning by-law and shall provide a rural setting for the winery, land for the ponding of waste water, and associated vineyards. Proposal for smaller lot sizes will be considered by way of a zoning by-law amendment, where the proponent can demonstrate that all other policies of the Plan are satisfied and that the reduced area will not jeopardize the rural image of a cottage winery and can accommodate associated wastes.
9.1.2.2 The retail sale of wine shall be permitted. The amount of floor space will be limited in the implementing zoning by-law so as not to detract from the main use and not adversely affect other uses permitted in the agricultural area.
9.1.2.3 Cottage wineries shall have direct or convenient access to an improved roadway with sufficient capacity to accommodate anticipated traffic.
9.1.3 Home Industries
9.1.3.1 Home industries are small scale uses providing services primarily to the farming community, or services promoting agri-tourism. Home industries may be conducted in whole or in part in an accessory building and may employ up to 3 non-residents. The scale of the industry and parking will be regulated in the zoning by-law.
9.1.3.2 Home industries may be permitted, through a zoning by-law amendment, on agricultural lands not being farmed where the owner can demonstrate that the impact on future agricultural viability of the lands will not be jeopardized and that there will be no negative impacts on adjacent properties.
9.1.4 Other uses which may be permitted through a zoning amendment include:
a) those uses that serve or are directly related to agriculture such as the storage and/or processing of agricultural products;
b) small scale commercial and industrial uses directly related to and serving the surrounding agricultural uses;
c) interim uses (in accordance with temporary use provisions in the Planning
Act) on lands not being farmed and where it can be reasonably expected that the lands will revert back to an agricultural use;
d) publicly owned open space and conservation areas, that are compatible with agriculture, provided the soil or topography is not altered, the use does not require buildings and will leave the land in large parcels which can be used for commercial farming. Golf courses are not permitted;
e) group homes subject to Section 9.3 of this Plan;
f) infrastructure uses that are approved through an environmental assessment process, such as essential linear public uses as roads and transmission lines, and water and sewer facilities, where it is determined that such uses cannot be reasonably located within the urban boundaries. Such facilities will be located so as to minimize impacts on surrounding agricultural lands, farm operations and natural drainage.
9.1.5 Any use permitted in the Agricultural Areas in accordance with Policies 9.1.2, 9.1.3, and 9.1.4 a), b) and c) should demonstrate that:
a) the use will predominantly serve the agricultural community or agri-tourism;
b) it is not practical to locate within the Urban Area Boundary; and
c) it will have a minimum impact on the surrounding agricultural operations. The zoning by-law will limit the maximum floor space and outline site design criteria so as to minimize adverse effects on the surrounding agricultural operations.
In addition, these uses will be required to meet requirements a) to h) of Policy 9.1.7.
9.1.6 The establishment or expansion of intensive animal operations in the agricultural areas shall be in conformity with the Minimum Distance Separation Formulae. In addition, the establishment or expansion of non-agricultural uses shall also be subject to the requirements of the Minimum Distance Separation Formulae to protect farm operations from unnecessary restrictions of their operations.
9.1.7 Existing non-agricultural uses other than those specifically permitted will not be recognized in the Zoning By-law. Enlargement of these uses may be permitted provided they are not in conflict with an active agricultural operation and that the expanded use can meet the following requirements:
a) When practical, the natural features of the site, including any mature stands of trees shall be preserved.
b) It shall be on a lot of a size and in a location that is appropriate to its use.
c) It shall be compatible with existing and proposed adjacent uses.
d) It shall have adequate on-site parking and have adequate access to a maintained public road.
e) Sites for buildings shall be free of physical hazards such as seasonal flooding or organic or unstable soils.
f) The development will have no detrimental effect on the natural drainage of the surrounding agricultural lands.
g) The subject property may be designated as a site plan control area and the applicant may be required to enter into a Site Plan Agreement with the City.
h) The subject property must be capable of being served by adequate on-site sewage disposal systems as outlined in Section 12.3.4.2 e).
9.1.8 Permanent or portable farm dwellings may be permitted provided the dwelling is for either a person or persons who are employed full-time in the farm operation where such additional dwelling does not have a significant effect on the tillable area of the farm or its viability. Such dwellings shall not be permitted to be severed in the future. In the area designated "Escarpment Rural Area" in the Niagara Escarpment Plan (See Schedule J) accessory agricultural dwellings are to be mobile or portable dwellings. Farm dwelling must be capable of being served by adequate on-site sewage disposal as outlined in Section 12.3.4.2 e).
9.1.9 The removal of topsoil from Agricultural Lands will be discouraged in accordance with provincial regulation.
9.1.10 Notwithstanding Section 9.1.4 of the Official Plan to the contrary, a church may be permitted on the lands described as 1230 Old Martindale Road.
The following text (Paragraph 9.1.11) was added as O.P.A. #12, approved on October 31, 2001.
9.1.11 Notwithstanding Section 9.1.4 of the Official Plan to the contrary, a church, serviced by private water and sanitary sewers, is permitted on lands at the north- east corner of Rykert and First Street Louth, described on Schedule B, Land Use Plan as Amendment No. 12.
9.2 LOT CREATION
The creation of new lots for agricultural or agriculturally related purposes may be permitted subject to meeting a number of criteria. The creation of new lots for non- agricultural uses shall be severely restricted except as permitted in this Plan. The following policies would apply to lots created by consent, save and except lots proposed to be created within area shown on Schedule J as Escarpment Protection Area or Escarpment Rural Area which are subject to the applicable policies of the Niagara Escarpment Plan.
9.2.1 In the Agricultural Area, consents to convey land may be permitted only in accordance with the following:
a) The parcel to be severed and the parcel to be retained are both large enough to support a viable agricultural operation. Both the parcel to be severed and the parcel to be retained must have sufficient size to maintain flexibility for future changes in type or size of agricultural operation. Both parcels must be of a size that is suitable for the type of agriculture in the area and for the type of agriculture proposed. The foregoing includes small lot severances for greenhouses and other intense forms of agriculture subject to the condition that any dwellings on the property are allowed only after the greenhouse and other farm buildings have been constructed or substantially completed. It is important that small lot severances for intensive agricultural uses such as greenhouse operations be of a sufficient size so that these uses have ample room for future expansion.
b) The land for which consent is requested is to be added to adjoining lands on which there is an existing agricultural operation, and the parcel to be retained is large enough to support a viable agricultural operation; or
c) When two or more farms have been amalgamated to form one contiguous
parcel under one ownership and consent is requested for conveyance of a lot on which there is a dwelling not including a portable dwelling that is surplus to the needs of the farm. Such consents will be subject to the following criteria:
i) That the remnant parcel of agricultural land be a size sufficient to function as a significant part of the overall agricultural operation;
ii) That the surplus dwelling be of sufficient quality and value to warrant its retention on the severed property and its use as a non- farm residence and that the residence also meet the standards contained in the existing Maintenance and Occupancy By-law;
iii) That the dwelling proposed for severance be surplus to the present and anticipated needs of the agricultural operation for farm residence and for farm help houses;
iv) That the surplus dwelling shall meet the Minimum Distance Separation Formulae;
v) That the applicant be a full-time farmer as defined in the Niagara Region Policy Plan as it is amended from time to time;
vi) That no severance of a surplus farm dwelling has been previously granted for the agricultural parcel concerned; or
d) The parcel to be severed is for a farmer who is of retirement age and retiring from active working life and selling the farm subject to the following criteria;
i) the applicant is a full-time farmer as defined in the Niagara Region Policy Plan, as it is amended from time to time;
ii) the applicant has farmed in Niagara since the 20th of December 1973.
e) The consent requested is for minor boundary adjustments or easements which complies with other policies of this Plan, and does not create a separate lot for a residential dwelling.
9.2.2 Proposed lots being considered for a consent under the policies in Section 9.2.1 must also meet the following criteria:
a) Any new lot must be of sufficient size and have suitable soil and site conditions for the installation of long-term operation of a private waste disposal system in compliance with the requirements of the Medical Officer of Health or such other person appointed for that purpose by the Ministry of the Environment and Energy.
b) Any new lot must have an adequate ground or other water supply, in compliance with the requirements of the Ministry of the Environment and Energy.
c) Where applicable, any new structure shall be set back a sufficient distance from the Lake Ontario shoreline to ensure adequate protection from shoreline erosion for the life expectancy of the dwelling. The minimum setback required, where protective work is satisfactorily completed, shall be determined by an acceptable engineering analysis. Setbacks shall be determined in consultation with the Ministry of Natural Resources and/or the Conservation Authority.
d) The size of any new lot created for residential purposes shall not exceed an area of 0.4 hectares except to the extent that additional area is required to support a private waste disposal and water supply system as determined by the Medical Officer of Health or such other person appointed for that person by the Ministry of the Environment and Energy.
e) Any new lot must have sufficient frontage on an existing publicly maintained road.
f) Road access to any new lot shall not create a traffic hazard because of limited sight lines on curves or grades or proximity to intersections.
g) Any new dwelling located on a new lot shall comply with the Minimum Distance Separation Formulae or a distance separation of 300 m, whichever is greater.
h) Any new lot will be evaluated based on the following:
i) The impact of the location and configuration of the lot on existing agricultural operations;
ii) The impact on farm drainage;
iii) Compatibility with existing adjacent uses.
9.3 GROUP HOMES
9.3.1 A Group Home shall be permitted in existing houses in the Agricultural area subject to a specific zoning by-law amendment and subject to the provisions of policy statements 9.3.2 and 9.3.3.
9.3.2 Notwithstanding policy statement 9.3.1 to the contrary, the following types of Provincially licensed or approved Group Homes as referenced in the relevant provincial legislation shall be permitted in existing houses in the agricultural area without a specific amendment to any zoning area by- law:
a) Approved Homes
b) Homes for Special Care-Residential
c) Supporting Housing Programs: Adult Community Mental Health Program
d) Accommodation Services for the Developmentally Handicapped
e) Satellite Residences for Seniors
f) Halfway Houses for the Socially Disadvantaged
g) Childrens' Residences (Except for Group Homes for Young Offenders)
9.3.3 When considering the location of a new Group Home, attempts will be made to ensure that a distance of 1600 m is maintained between Group Homes.
SECTION 10 - SCHOOLS
The general intent of the Schools Section is to provide information on which decisions respecting the provision of schools may be based so that these may have sufficient land according to the standards set out herein and be located so that all children may attend school with a minimum exposure to the hazards of traffic. Moreover, it is the further intent of the Plan that the urban appearance be continually enhanced by the development of well designed schools so that optimum conditions for education may be achieved.
10.1 The basis for the provision of schools will be the system of neighbourhoods and planning districts as set up in Section 2 with the relationship as follows:
10.1.1 Elementary schools related to neighbourhoods;
10.1.2 Secondary schools related to planning districts.
10.2 In newly developing areas where new schools have to be established every effort will be made to achieve coterminous boundaries between school districts and neighbourhoods or planning districts so that the above relationship may be maintained with an identity between the two.
10.3 In the older and well developed areas the location of existing schools will frequently include any such close relationship. However, where it is necessary to alter any existing school district boundaries, where an old school is replaced or where there are major changes from urban renewal every reasonable effort will be made to improve the relationship and to further the identity between school and neighbourhood or planning district.
10.4 The objective for all schools will be the minimum standards recommended by the Ontario Ministry of Education and Training for site area, number of rooms, equipment and facilities etc. as they are revised from time to time. This objective will be approached as follows:
10.4.1 For all schools in newly developing neighbourhoods and planning districts and where a school is established through redevelopment, a site area will be obtained as soon as possible after the necessity for the school is made apparent. This site area shall be sufficiently large to accommodate the school and its attendant facilities at the maximum size of its expected development according to the optimum population shown in this Plan;
10.4.2 For new schools in neighbourhoods and planning districts that are substantially developed and where there are serious difficulties in acquiring suitable land, lesser site areas than would otherwise be desirable may be tolerated, provided every effort has been made to secure accommodation for the children in schools of adequate site area and provided there is no other reduction of any recommended standard; and,
10.4.3 For existing schools, where these are below the minimum standard, any increase in enrolment shall require that the standard be improved and where possible, brought up to the minimum requirement.
10.5 All new schools will be located as closely as possible to the centre of the neighbourhood or planning district that they serve but reasonable variations may be made in location to achieve integration with parks and other public facilities. Co-operation between school boards and the City should be maintained to achieve complementary shared facilities which maximize the facility use and takes advantage of economies of construction operations and maintenance. The resulting development should be educational and recreational complexes that form community centres and activity nodes.
10.6 The construction of all new schools will be in accordance with the development program set out in Section 12.
10.7 Where a new elementary school is to be provided in proximity to a separate school, and
vice versa, or where the two schools are to be provided, every effort will be made to locate these where a sharing of facilities may be achieved. Where possible the sharing of a common site, common rooms and buildings, common utilities and parking, etc. will be encouraged in order to take advantage of economies of construction and maintenance that may be gained thereby.
SECTION 11 - TRANSPORTATION
The City's transportation system plays a major role in shaping the form, character, development and redevelopment of the City, influencing both the land uses and quality of life. It includes: roads for use of cars, trucks, bicycles and transit buses; rail lines for the movement of goods and passengers; sidewalks and recreational trails.
The main intent of the transportation system is to provide an integrated, diverse system for moving people and goods into and throughout the City in a safe, efficient, and affordable fashion. At the same time, the policies must reflect other major Official Plan directions, most notably making more efficient use of existing facilities, accommodating all forms of alternate transportation, respecting neighbourhood integrity, providing universal access and improving the environment and quality of life.
11.1 TRAFFIC CIRCULATION
The efficient movement of traffic through the system is a prime objective. To achieve this objective, ultimate road right-of-way widths for arterials, collectors and local streets are set out below. At the same time, traffic circulation must recognize the needs of all users (i.e. pedestrians and cyclists as well as motor vehicles).
Road allowances also contain important utility corridors and in some instances, a road widening will be taken to secure the utility corridor area.
11.1.1 All roads within the City are classified according to their function as expressways, arterials, collectors and local access streets. The expressways and arterials are highlighted on Schedule "H", all other roads are either collectors or local access streets.
11.1.2 The ultimate road right-of-way widths for arterials, collectors and local access streets are as follows:
Arterials 26.2 m ( 86 ft) - urban 26.2 m ( 86 ft) - rural
Collectors - 20.0 m ( 66 ft)
Local Access - 20.0 m ( 66 ft)
The City may consider alternate standards to meet specific local economic and social conditions.
In certain cases, widening of existing road rights-of-way to the ultimate road right-of-way width shown may not be required.
11.1.3 The right-of-way widths shown on Schedule "H" and in Subsection 11.1.2 indicate the maximum extent of a proposed widening that may be secured as part of the development approval process.
11.1.4 Unless otherwise specified in the Official Plan, a dedication of land to widen a highway under this provision will be taken equally from both sides of the highway measured from the existing centre line of the highway. In certain cases where factors such as topography and existing development dictate, it may be necessary to require more than half of the widening on one side of the road. However, in such cases, only half of the road widening declared in Policy 11.1.2 and Schedule "H" will be taken through the development approval process.
11.1.5 It will be continuing municipal policy that all existing roads be brought up to the general standards now required for roads. However, it is recognized that due to the expense this may not be achieved for many years. In the meantime, priority will be given to those areas where the residents indicate that they are prepared to assist the municipality through the application of the Local Improvement Act or where it is desirable to carry out the improvements in conjunction with other public works in the vicinity.
11.1.6 Notwithstanding the above, road improvements (new roads and right-of-way widening for the purpose of widening or adding to the travelled portion of the road) can have a significant impact on the character of a neighbourhood. Therefore, the City shall undertake road improvements when:
a) the need is demonstrated through comprehensive analysis of and public consultation on the integration, diversity, safety, efficiency and affordability of the transportation system;
b) the resulting road improvements through the design process shall minimize the impact on the liveability of affected residential areas by:
-reducing the use of local streets in residential areas by through traffic,
-minimizing conflicts between local and through traffic,
-minimizing any adverse impacts on the social and natural environment of adjacent lands.
11.1.7 The City shall consider various traffic calming and management measures (eg. narrowing street widths, on-street parking) to reduce through traffic on local streets and to promote safer streets.
11.2 ALTERNATIVE MODES OF TRANSPORTATION
It is recognized that the automobile is and will continue to be the dominant means of transportation. However, in support of a healthier environment and a balanced system that provides maximum choice, the Plan provides for alternative modes of transportation.
11.2.1 Transit
11.2.1.1 The City shall facilitate the provision of local transit service within reasonable walking distance (500 metres or 5 minutes walking distance) of all urban land uses.
11.2.1.2 Bus stops and transfer locations should offer comfort amenities and safety features such as sitting areas, weather protection, and lighting in high traffic areas.
11.2.1.3 Major new or redeveloped activity nodes shall incorporate transit and pedestrian systems that reduce reliance on automobiles.
11.2.1.4 Major roadway design proposals shall consider transit service needs.
11.2.1.5 The City shall ensure the provision of convenient pedestrian access and walking distance to transit facilities in Subdivision Plan and Site Plan Control processes.
11.2.1.6 The City shall ensure that other policy objectives (eg. parking) do not inhibit transit use.
11.2.2 Cycling
11.2.2.1 All pedestrian and cycling trails shall be designed to be continuous, safe and attractively landscaped.
11.2.2.2 The City shall support and implement the policies of "A Bicycle Transportation Strategy".
11.2.2.3 The City shall provide bicycle parking at public facilities where warranted.
11.2.2.4 The integration of cycling and transit modes will be promoted by providing bicycle parking at major transit stops.
11.2.2.5 In all new development and redevelopment, consideration shall be given to safe and secure bicycle movement and parking facilities.
11.2.2.6 The design of arterials and collectors shall consider bicycle movement.
11.2.2.7 Where possible, pedestrian and cycling routes shall be separated from one another and from motor vehicles on major roadways by such methods as distance separation, planting buffers and earth berms, among other means. Where this is not possible, combined routes (eg. bicycle lanes on existing streets) should be clearly marked with distinctive surface treatments such as symbols and signage where there is sufficient road width.
11.2.3 Pedestrians
11.2.3.1 Transportation facilities including the construction of new roads and reconstruction, shall include safe, convenient and attractive pedestrian facilities such as sidewalks, corner ramps, pedestrian signals and appropriate lighting. Universal access shall be incorporated in the design of transportation facilities as outlined in Section 7.3.
11.2.3.2 Sidewalks will be provided on:
- both sides of arterial roads - at least one side of all local streets and collector streets except cul-de-sacs, unless they lead to a pedestrian node such as a school, park or shopping area and to be installed on the side of the street presenting the most logical direct pedestrian route to the major road or facility.
11.2.3.3 That, where deemed appropriate, a sidewalk will be constructed beyond the limits of a subdivision to complete connection to the following:
a) an existing sidewalk b) isolated sections of sidewalk created by development c) an intersection, walkway, or logical ending point, where the length of the sidewalk is reasonable, ie. will not appreciably affect the servicing costs, and where the area in question will not be subject to a future subdivision proposal
11.2.3.4 That concrete walks, for pedestrian access walkways leading to parklands, schools, etc., are not defined herein as sidewalks.
11.2.3.5 Pedestrian walkways shall be designed in such a manner so as to reduce the walking distance from residential developments to transit, recreational facilities, elementary schools and commercial facilities.
11.2.3.6 The development of pedestrian scale streetscapes that are safe, convenient and attractive will be supported through measures such as providing wide sidewalks, sheltered transit stops, street furniture, trees, locating retailing and personal service uses at street level, and supporting building designs that provide shelter and other amenities.
11.3 PARKING
Parking is an integral component of the transportation system, influencing travel patterns
and development potential. It is the intent of this plan to ensure the location and design of parking facilities will provide efficient and safe functioning of the transportation system, and balances the needs of the travelling public with the goal of promoting other modes of transportation. In keeping with the "Garden City" image, it is also important to ensure that large expanses of barren asphalt are not created.
11.3.1 Parking standards will be established for all land uses in the implementing zoning by-law and adequate off-street parking shall be provided for new development or redevelopment in accordance with these standards.
11.3.2 Proposals for reduced parking standards shall demonstrate that the proposal will not cause parking problems on adjacent lands or streets.
11.3.3 The City may consider reducing parking requirements where sharing of parking facilities is possible or where transit service is readily available, provided that the applicant demonstrates that reduced parking standards will not aggravate the parking supply in the area or result in spill-over parking in adjacent areas.
11.3.4 The City may consider a "Cash-in-lieu of Parking" by-law to exempt or partially exempt development or redevelopment in certain areas of the City from the requirement of the zoning by-law in exchange for money, where it determined that public parking facilities can accommodate the demand or where it is not possible to meet the zoning requirements.
11.3.5 Residential front yard parking will be controlled through zoning so that streetscape integrity and pedestrian safety are maintained.
11.3.6 The location, position, and design of parking areas should maximize their potential to improve the public streetscape and reduce their visual impact.
11.3.7 The City shall require landscaping and screening in the design of large parking lots, as well as any other measures that may be deemed appropriate.
11.3.8 Pedestrian routes should be clearly marked and/or separated from vehicular traffic in large parking lots in order to maximize safety.
11.4 CANADIAN NATIONAL RAILWAY
11.4.1 The City shall support the location of rail service to meet the needs of traditional industrial uses within the City.
11.4.2 The City shall co-operate with the C.N.R. to identify potential reuse of railways lands that become surplus to their needs.
11.4.3 The City shall co-operate with the C.N.R., the Region and other agencies to identify where conflicts exist between rail, vehicles, cyclists, pedestrians and adjacent land uses and to determine methods to ameliorate the conflict.
11.5 THE NIAGARA DISTRICT AIRPORT
The site of the Niagara District Airport (St. Catharines Airport), adjacent to the eastern boundary of the City, presents specific limitations on the height of buildings, natural growth and disposal of waste in certain lands within the City.
11.5.1 The City shall have regard for the Federal Department of Transport's "St. Catharines Airport Zoning Regulations", in reviewing development proposals within the area shown as an area of control in Schedule "I".
11.6 INTER-CITY TRANSPORTATION
11.6.1 The City shall co-operate with senior levels of government and other agencies to promote an inter-city transportation network to accommodate residents and business communities and promote tourism.
11.6.2 Existing transportation facilities, that are or become redundant, shall be retained until it can be demonstrated that they cannot be utilized for any future inter-city transportation network.
11.6.3 Two provincial highways, namely the Queen Elizabeth and Highway 406, cross the City. Both highways were built into developed areas, for the most part, thus a mixture of land uses are found adjacent these corridors. These highways link St. Catharines and the Region to the Greater Toronto Area and to parts of New York State, thus they are important transportation and communication corridors. These corridors, however, are under provincial control and are apt to remain so in the future. Any development adjacent to a provincial highway will require the prior approval and the necessary permits from the Ministry of Transportation.
SECTION 12 - DEVELOPMENT POLICIES
The provision of municipal services to our existing and new developing areas will be of major concern to the municipality in the years to come. The continually increasing costs of public works dictate a compact form of development that can be serviced in a relatively economical way.
The Plan must ensure that the excessive costs that result from scattered services be prevented. Moreover, it is now essential that adequate services be provided to meet the demands of development as they arise and not later when this becomes inefficient, wasteful and often below standard. It is also vital to ensure that new development and redevelopment potential be utilized advantageously to help upgrade any service deficiencies and maintain a healthy urban fabric against the possibilities of blight.
12.1 DEVELOPMENT PROGRAM
12.1.1 The subdivision of land for the purposes of development will be permitted in those areas where the Council and the local boards concerned are satisfied that the development can be adequately serviced. Subdivisions in areas where the level of public works and services are neither provided or ensured will be considered premature and contrary to the intent of this Plan. In order to avoid excessive costs in the future, development will be located in areas which are substantially built up prior to the extension of services into rural areas.
12.1.2 In judging the adequacy of public works and services, the needs of the planning neighbourhood will be taken into account, and where the level of public works and services is inadequate for the planning neighbourhood, the subdivision may be considered premature unless the neighbourhood needs can be met as a result of the subdivision.
12.1.3 The following criteria will collectively be used in determining development priorities:
a) financial implications b) support to existing infrastructure c) readily available transportation services d) satisfy requirements for parkland and community services e) consistency with housing needs f) environmental concerns g) social concerns h) application to other Official Plan policies.
12.1.4 Development in the Agricultural Area will be limited as indicated in the policies set out in Section 9 of this Plan. Sanitary sewers will not be extended into the Agricultural Area unless they are deemed necessary to correct a health problem. Council may consider requests for extensions of the water supply system provided the predominant use for the water supply will be for existing or proposed agricultural or agriculturally related uses and complies with the provisions for the supply of water outside the urban area boundaries as set out in the Regional Policy Plan. It is not the intent of this Plan to provide a water supply for residential uses in the Agricultural Area. Where ponds are permitted they are to be designed and located so as to not adversely affect downstream water quality, quantity, adjacent lands and riparian rights. Ponds proposed in the area of development control by the Niagara Escarpment Plan are subject to the policies therein.
12.2 POPULATION AND DENSITY
12.2.1 For the purposes of this Plan, a design population of 148,800 has been used for the urban area fully developed. This is in keeping with the various projections that have been made in supporting studies and is the most realistic figure that can be developed at this time. It is anticipated that the Agricultural Area policies will
keep population growth to a minimum in this area, and that this area will have little affect on the overall City growth or on the general demand for public works. It is expected that future population levels in this area will approximate current levels.
12.2.2 One of the most serious problems faced by the City is to provide public works for its population and for continuing development. In order to ensure that the population density in any part of the City bears a reasonable relationship to the works and services that are provided, the Plan divides the total design population into expected populations for each planning district; this figure will be the one upon which the design and provision of all public works will be made.
12.2.3 The expected population figures take into account existing populations as well as the potential for future populations given such factors as the land use designation, the zoning classification, the opportunity for development and redevelopment, and the current population and household densities that are found in the City. It is expected that future population growth will largely occur through redevelopment and infilling. The figures represent a practical design criterion to which both public agencies and private developers may work. Some flexibility will be necessary in their interpretation of these figures. The essential approach will be to ensure that the design capacities of the services concerned are not exceeded and that if variations become desirable the necessary changes to public works will be made before development proceeds.
12.2.4 The expected population for each planning district is as follows:
North District 68,000 South District 10,700 East District 19,900 West District 20,900 Central District 29,300 Urban Area Total 148,800
Louth Agricultural Area 2,000 City Total 150,800
These figures represent the approximate population that is anticipated in each of the planning districts when all of the residential land is developed and/or redeveloped. In light of changing household sizes, housing densities, development trends and housing costs, the population figures will be revised periodically and altered accordingly. The population figures may be broken down and refined on a neighbourhood basis as required.
12.2.5 Proposed residential development will be judged on the basis of the percentages given to each housing type in the proposal, and changes may be recommended to the developer if it appears that the density of the development might jeopardize the ultimate realization of the planning district's expected population.
12.2.6 All development will be judged from the point of view of obtaining an appropriate distribution of population throughout the planning district and with regard to the residential policies expressed in Section 3.
12.2.7 Where a development is proposed which would have the effect of substantially varying the expected population, this Plan may be amended to revise the population figure provided it is first established that:
a) The school boards are satisfied that adequate accommodation can be provided without serious inconvenience or unreasonable additional expense; b) any lands required for parks and open space can be provided in accordance with the applicable policies; c) any resulting increase in traffic may be accommodated by the
arterial and collector road system without causing traffic congestion, increased accident hazard or increased nuisance to adjacent residential areas; d) the residential amenity is maintained; and e) adequate public works can be provided without undue additional cost.
12.3 SERVICING
12.3.1 The provision of services and utilities is essential to a healthy living environment for the residents and for proper growth and development of the city. In the past the City has developed with variable hard services . There exist in St. Catharines many fine neighbourhoods without curbs, gutters and storm sewers. The City may continue to develop with variable standards in keeping with the aesthetics of existing neighbourhoods, the important factor being the assurance that the standards are appropriate and allow the City to meet both its development and environment objectives.
12.3.2 It is the eventual intent of the Plan that all development in the urban area of the City be provided with a municipal water supply, a complete system of sanitary sewers connected to adequate sewage disposal plants and wholly separated from a storm drainage system which, in turn, is adequate to remove all storm water from developed areas. In order to meet this objective the City shall continue to upgrade and maintain existing services in established areas and ensure that new development proceeds only when services are available.
12.3.3 The Agricultural Area of the City is not intended to be served with urban services, and the restrictions are outlined in Section 12.1.4.
12.3.4 The City recognizes the Regional Municipality of Niagara being responsible for the provision and maintenance of the water and sewer treatment plants. The City will request the Region to continue to provide sufficient capacity to the municipality to allow it to meet its growth objectives.
12.3.4.1 Water Supply
a)The whole of the urban area of the City is presently served by a comprehensive ring system of watermains connected to a treatment plant located at the top of the escarpment at the western end of Lake Gibson from which the supply is drawn. Expansions to the system can be made with little difficulty and no demand for any new source of supply is anticipated at this time.
b) The design and construction of all watermains shall have sufficient depth and capacity to serve all areas which may be ultimately connected to that part of the system.
12.3.4.2 Sewage Disposal
a) The City is divided into sewer drainage areas based on the two sewage treatment plants and the associated trunk sewers. This system is the basis for policies regarding the provision of sewage disposal facilities for the City and for those portions of the drainage areas which are tributary to the treatment plants but which may be beyond the City's boundaries.
b) All sewage collected by the trunk sewers will be treated by either the Port Dalhousie Sewage Treatment Plant or the Port Weller Sewage treatment Plant; if the capacity of these plants is at any time exceeded, development in the tributary
drainage area shall be deferred, except for essential public works, until additional capacity becomes available.
c) All new development in the urban area shall be connected to the sewage disposal system. All sanitary sewers constructed henceforth shall be completely separated from any storm drainage facilities and the City will progressively separate present sewers from all storm water connections.
d) The design and construction of all sanitary sewers shall have sufficient depth and capacity to serve all areas which may be ultimately connected to that part of the system.
e) Any development in the Agricultural Area must be capable of being served by adequate on-site sewage disposal systems to the satisfaction of the Public Health Department. The developer will be required to verify the suitability of the site for sewage disposal systems. Where necessary a technical report shall be submitted for approval detailing such matters as soil type and characteristics, surface drainage plan details, the height of the groundwater table and the anticipated effects on the environment taking into account the size of the installation and the cumulative effect of adjacent private sewage systems.
The following text was added as O.P.A. # 16, approved on November 12, 2002. f) Notwithstanding the policies of Section 12.3.4 regarding the provision of municipal water service and municipal sanitary sewers for all new development within the Urban Area, the lands defined as, Part of Block 115, Plan 30M- 169 and Part of Lot 2, Concession 1 (formerly the Township of Louth), known municipally as 77 South Service Road, shall be permitted to develop on a private sewage system and private water supply, subject to the approval of the Regional Niagara Public Health Department.
12.3.4.3 Storm Drainage
a) The main objectives for urban drainage are:
i) prevent loss of life and minimize damage and health hazards
ii) minimize inconvenience from surface ponding and flooding
iii) minimize adverse impact on the local groundwater systems and baseflows in receiving watercourses
iv) minimize downstream flooding and erosion
v) minimize pollution discharges to watercourses
vi) minimize soil losses and sediments to sewer systems and water bodies from construction activity
vii) minimize impairment of aquatic life and habitat
viii) promote orderly development in a cost-effective manner.
b) All new development shall be provided with adequate storm drainage
facilities connected to storm sewers or watercourses.
c) Where any area is partially developed but is deficient in storm drainage the design and installation of the necessary works for new development shall accommodate existing development where appropriate.
i) Notwithstanding any provisions of the Official Plan to the contrary, prior to urban residential development occurring on the lands known municipally as 370 Martindale Road, the proponent shall enter into a servicing agreement with the municipality to the satisfaction of the City, requiring among other things, that the proponent implement the recommendations of the Stormwater Management Report prepared for Paroyan Homes, by Falcone Engineering Associates, dated February 1995, approved by the Ministry of Natural Resources in April 1995.
d) The design and construction of all storm sewers and improvements to natural watercourses shall have sufficient depth and capacity to serve all areas which may be ultimately connected to that part of the system. No development will be permitted which would interfere with or reduce the drainage capacity of any natural watercourse and only those works which may be carried out in such watercourses as will improve both their efficiency and their attractiveness as open space in keeping with the objectives of this Plan.
12.3.4.4 General
a) At the discretion of Council, municipal services and other public works may be installed by private developers, provided that such installation is in accordance with the necessary development agreements between the developer and the municipality. This agreement shall contain the necessary standards and requirements, and in no case shall they be of a lesser standard than is currently required by the City.
The following text was added as O.P.A. # 18, approved on August 12, 2003.
12.4 COMMUNITY IMPROVEMENT
The definition of Community Improvement according to Section 28 of the Planning Act is, ‘the planning or re-planning, design or redesign, re-subdivision, clearance, development or redevelopment, reconstruction and rehabilitation, or any of them of a community improvement project area, and the provision of such residential, commercial, industrial, public recreational, institutional, religious, charitable or other uses, buildings, works, improvements or facilities, or spaces, therefore, as may be appropriate or necessary.’
In order to revitalize and encourage re-investment throughout the City it is acknowledged that some of the established areas in the City require more than the normal level of maintenance provided for in the City’s annual operating budget. To this end, these established areas are recognized as having special needs, and a framework for action to meet these needs has been formulated through the following policies. Areas identified as requiring revitalization and sites of strategic importance to the achievement of municipal goals may be considered for Community Improvements.
The Community Improvement Policies guide municipal and private sector investments for the revitalization of the developed areas of the City within the approved Urban Area Boundary as shown on Schedule ‘B’ of the Official Plan.
Community Improvement Goals
12.4.1 In order to co-ordinate community improvement on an overall City basis in compliance with needs, wants and Provincial guidelines, the City will strive to achieve the following goals:
a) To co-ordinate and guide public and private improvement activities in designated community improvement areas for revitalization and re- investment;
b) To phase the implementation of improvement projects in accordance with local needs, established priorities and financial resources;
c) To enable the Municipality to participate in Federal, Provincial and Regional funding programs;
d) To actively pursue private/public partnerships for community improvement projects.
Community Improvement Objectives
12.4.2 The objectives of these policies are:
a) To upgrade inadequate municipal services and facilities in developed communities to an acceptable standard;
b) To resolve issues of incompatible land use;
c) To encourage the renewal, rehabilitation or redevelopment of private properties in order to maintain a safe and pleasant built environment within the community;
d) To encourage the renewal, rehabilitation or redevelopment of public properties in order to maintain a safe and pleasant built environment within the community;
e) To aid in fulfilling the potential of commercial and industrial districts in the City;
f) To improve parking, access and traffic circulation;
g) To ensure that residents of developed communities are served by an adequate supply of open space, recreation and community facilities;
h) To guide and prioritize the expenditure of public funds on community improvement.
Criteria for Designating Community Improvement Areas
12.4.3 Council will consider the following criteria in the designation of “Community Improvement Areas”:
a) Inadequacy of some or all hard services, including water, sanitary sewers, storm sewers, roads, lighting and sidewalks;
b) A significant portion of the housing stock and other buildings are in need of maintenance, rehabilitation or redevelopment;
c) The presence of non-compatible land uses;
d) Inadequacy of social, recreational, open space and cultural facilities and services;
e) Within commercial areas, there is deterioration in the appearance of building facades, inappropriate signage, inadequate parking facilities or inadequate pedestrian accessibility;
f) Within industrial areas, the inefficiency of industrial sites, access to, from and within the industrial areas, inadequacies of parking, loading and outside storage areas, conflicts with neighbouring uses or the presence of obsolete buildings;
g) Areas where there is significant environmental contamination and areas of potential environmental contamination;
h) Areas exhibiting environmental, social or community economic development problems.
12.4.4 Upon the designation of a “Community Improvement Area”, the City will prepare and implement community improvement plans, which outline the specific projects and programs that are designed to bring about community improvement.
Community Improvement Implementation
12.4.5 The City will continue to participate in senior government programs that meet the goals and objectives of Community Improvement programs. In addition the City will promote partnerships between private individuals and groups to improve any and all deficiencies that may occur within the community.
12.4.6 The City’s Property Standards By-law and Zoning By-law can be used to minimize any detrimental effect that may occur to surrounding properties within the community.
12.4.7 The City may develop financial incentive programs, such as tax increment financing, waiving of fees and the creation of loan and grant programs to assist in achieving community improvement goals.
12.4.8 The City may acquire, lease or dispose of lands, construct or rehabilitate buildings or enter into agreements to complete studies to achieve the goals of a community improvement plan.
12.4.9 The City will encourage the relocation of incompatible uses to more appropriate locations, through the use of financial incentives, if necessary, to achieve community renewal goals.
12.4.10 The City will encourage owners to make incompatible uses more compatible by such means as the installation of landscape screening, adhering to provincial requirements for noise and emissions and improved site access.
12.5 ENERGY CONSERVATION
The policies are designed to generate better use of energy in the municipality, ultimately benefiting the environment and the quality of life in the community. However, to provide maximum benefit, energy conservation should be practised in ways beyond the land use process, for example, avoiding extra transport costs by buying local materials; sharing resources between producers and users; establishing community education program.
12.5.1 As a means of improving energy conservation in St. Catharines, the City will:
a) Promote energy conservation in City owned and operated facilities;
b) promote the construction of energy efficient buildings when reviewing development plans;
c) provide for lot orientations that maximize solar access;
d) concentrate complementary mixed land uses as a means to conserve energy;
e) promote greater use of public transit facilities and bicycle and pedestrian path networks as a means of conserving energy;
f) promote businesses which are environmentally supportive and emphasize the "3R" concept of reduce, reuse, and recycle;
g) promote compact urban form to reduce the amount of land being utilized; and
h) promote the use of appropriate landscape design and materials for energy efficiency. i) promote the reuse and/or renovation of the city's existing built environment.
SECTION 13 - IMPLEMENTATION
13.1 PURPOSE
The policies established by this Plan are implemented by means of the powers conferred upon the City by the Planning Act, the Municipal Act, and other applicable statutes. Among others, this Plan will be implemented by the Zoning By-law, subdivision control, severances and the provision of municipal services and public works.
In addition the policies which apply to the area covered for the Niagara Escarpment Plan, save and except for the area designated Urban or Minor Urban Centre, shall be implemented through the development permit system established pursuant to the Niagara Escarpment Planning and Development Act. The areas designated Urban or Minor Urban Centre are subject to the policies of this Plan and implemented through the Zoning By-laws of the City of St. Catharines.
13.2 ZONING
13.2.1 In order to exercise adequate guidance over land use and to facilitate the implementation and administration of the policies of this Plan, a development approach to zoning will be taken. In general, the zoning of the City will initially reflect existing conditions fairly closely. Wherever possible, development will be permitted without the need for zoning amendments, but where it is necessary to ensure conformity with the Plan, zoning amendments will be used for this purpose. Site plan details will be reviewed prior to development proceeding so that design, amenity, population density, public works requirements and all other matters that the Plan sets policy for, may be ascertained and the objectives of the Plan fulfilled.
13.2.2 It will not necessarily be the purpose of the zoning by-law to indicate what development will be permitted ahead of time since it generally has the static function of indicating what may be done once development has been approved. The dynamic function of showing what is permissable will be given by this Plan and in greater detail in secondary plans.
13.2.3 By-laws shall establish the following criteria:
a) land use zones which will permit the type of development specified in the Official Plan;
b) development and performance standards appropriate to each type of use; and
c) any other regulations needed to implement the intent of this Plan.
13.3 HOLDING BY-LAWS
13.3.1 Council may enact holding by-laws in accordance with provisions of the Planning Act in order to limit or prevent the use of certain lands which are considered inappropriate or premature for immediate development. Lands which are subject to a holding provision shall be identified by the symbol "H" in conjunction with a use designation in the zoning by-law (i.e. R3H) which denotes the eventual desired use of the land.
13.3.2 Where a holding designation is in effect, the lands shall generally be limited to existing uses or uses which will not prejudice the future development of these lands such as conservation, park and open space uses. In addition, no building or structure may be erected on the subject site until such time as an application has been approved by Council to remove the "H" symbol from the designated lands. The holding symbol shall not apply to minor accessory buildings and structures such as sheds, garage, or pools.
13.3.3 Prior to enacting a by-law to remove the holding provision in accordance with the Planning Act, Council shall be satisfied that:
a) adequate servicing, such as water supply, sewage disposal facilities, storm water drainage, solid waste collection and disposal, and roads can be provided;
b) all necessary requirements of the City have been satisfied;
c) all necessary development agreements have been entered into, and that the conditions of these agreements have been or will be met; and
d) development satisfies all other relevant policies of this Plan.
13.4 SUBDIVISION CONTROL
13.4.1 All lands within the City shall be subject to subdivision control pursuant to the Planning Act. The provisions of the Planning Act, including subdivision agreements, will be used to ensure that the land use designations and policies of the Official Plan are complied with, and that a high standard of design is maintained in all development.
13.4.2 Only those plans of subdivision which conform with the following criteria will be recommended for approval.
a) The plan of subdivision conforms with the policies of this Plan.
b) Adequate servicing, such as water supply, sewage disposal facilities, storm water drainage, solid waste collection and disposal, and road can be provided.
c) The City is able to provide necessary community services without imposing undue increases in taxation on all residents.
13.5 SPECIAL PROVISIONS
13.5.1 Development standards may be incorporated into the Zoning By-law to permit increases in the height or density of development, where such development:
a) provides a specific type of housing, such as housing for low or moderate income groups, senior citizens or the developmentally disabled;
b) preserves areas, sites, buildings or structures of historical, architectural merit or environmental sensitivity.
13.5.2 Increased height or density provisions enacted in the Zoning By-law as outlined above shall specify the development standards that would apply where such special provisions are to be permitted. Council may require the provision of executed agreements which include the special provisions.
13.6 INTERIM CONTROL BY-LAWS
13.6.1 Council may enact interim control by-laws in accordance with the Planning Act, in order to limit or prevent the use of certain lands until such time as a review or study of the land use planning policies of the lands has been undertaken. The interim control by-laws will specify the use and any additional regulations applicable thereto which will be permitted while the by-law is in effect. The interim uses should not conflict with the ultimate intended land uses. The interim control by-law however shall not prohibit the use of lands for any purpose for
which a building permit has been issued under the Building Code Act, on the date of passing of the interim control by-law.
13.6.2 The interim by-laws shall define the specific area affected and establish an expiry date in accordance with provincial regulations.
13.7 TEMPORARY USE BY-LAWS
13.7.1 Council may enact temporary use by-laws in accordance with the Planning Act, in order to allow lands to be zoned for uses otherwise prohibited in the Zoning By- law, on a temporary basis. The temporary use by-laws shall define the specific area affected, establish all necessary regulations, and establish an expiry date, in the case of by-laws authorizing a temporary garden suite of not more than ten years from the day of passing of the by-law and in all other cases, of not more than three years from the date of passing of the by-law. However Council may pass further temporary use by-laws to grant an extension of the temporary use by- law of up to three additional years.
13.7.2 In considering temporary use by-laws, Council shall be satisfied that:
a) the proposed development or redevelopment is consistent with the temporary nature of the use;
b) the proposed use is compatible with adjacent uses and where necessary, buffering is provided to ensure visual separation;
c) the size of the lot and/or building is appropriate for the proposed use; and
d) adequate services are available.
Subsequent to the expiration of the temporary use by-laws the use permitted by that by-law shall cease. If such use continues, it will be considered illegal with respect to the Zoning By-law.
13.8 SITE PLAN CONTROL
All lands within the limits of the City of St. Catharines shall be designated a proposed Site Plan Control Area.
13.8.1 The Council of the City of St. Catharines shall adopt a by-law identifying the following lands in the City of St. Catharines which shall be subject to Site Plan Control;
a) All lands used, zoned or to be zoned for residential purposes within any restricted area zoning by-law save and except lands used, zoned or to be zoned for residential buildings having less than 5 dwelling units, and street townhouses.
b) All lands used, zoned or to be zoned for commercial purposes within any restricted area zoning by-law.
c) All lands used, zoned or to be zoned for industrial purposes within any restricted area zoning by-law where the lands abut a residential zone within any restricted area zoning by-law.
d) All lands within the boundaries defined by the Central Area Secondary Plan.
e) All lands used, zoned or to be zoned for institutional purposes within any restricted area zoning by-law.
f) All lands within the "Agricultural Area" which are used, zoned or to be zoned for:
i) existing non-agricultural uses except residences;
ii) both permanent and seasonal farm help houses;
iii) those uses that serve or are directly related to agriculture, such as the commercial storage and/or processing of agricultural products;
iv) small scale commercial and industrial uses directly related to and serving the surrounding agricultural uses.
g) All lands used for the purpose of public service by The Corporation of the City of St. Catharines and any Local Board or Commission thereof, as defined by the Municipal Affairs Act, and the Regional Municipality of Niagara and any Local Board of Commission thereof as defined by the Municipal Affairs Act.
The following text was added as O.P.A. #22, approved on December 16, 2004.
h) All Mixed Commercial Residential lands within the boundaries defined by the Hartzel Road - Merritton Area Secondary Plan.
The following text was added as O.P.A. # 27, approved on September 7, 2005.
i) All Mixed Commercial Residential lands within the boundaries defined by the Queenston Area Secondary Plan.
j) All Mixed Industrial Commercial lands within the boundaries defined by the Queenston Area Secondary Plan.
Drawings showing plan, elevation and cross-section views shall be required for all buildings and structures subject to site plan control.
13.9 NON-COMPLYING USES
13.9.1 A land use which is lawfully in existence prior to the passage of the implementing by-law and which continues to be utilized for such purpose may continue as a legal non-conforming use or may be deemed to comply with the intent of the Plan for the purpose of the by-law. In the latter case such uses may be zoned in accordance with their present use provided:
a) The zoning does not permit any significant change of use or performance standards that will result in or aggravate any situation detrimental to adjoining land uses; and
b) the use does not constitute a danger to the surrounding uses by its hazardous nature or the traffic it generates.
c) it does not contribute to any urban renewal problem by virtue of being associated with the deterioration of buildings and the lack of maintenance of property; and
d) it does not interfere with desirable development in adjacent areas that are in conformity with this Plan.
13.9.2 Where a property contains a non-complying use as stated above, the property may be redeveloped or expanded provided:
a) The expansion or redevelopment will not jeopardize the possibility of future developments in their vicinity that may comply more closely with the intent of this Plan;
b) special efforts are made to enhance the compatibility of the uses and to improve the amenity and design, more particularly buffering, landscaping, parking and vehicular circulation; and
c) the expansion or redevelopment is only permitted through an amendment to the zoning by-law.
13.9.3 Extensions or redevelopment of non-complying uses shall not be permitted if it would cause or augment any pollution, nuisance, hazardous condition, traffic problem, or general incompatibility with the surrounding area.
13.9.4 Where an existing use in one or more respects is incompatible, it will not be so zoned and will expressly be made a non-conforming use in any zoning by-law. It is the policy of this Plan that such incompatible and non-conforming uses will be progressively eliminated by purchase or exchange of lands or voluntary relocation of said use over time.
13.9.5 Notwithstanding the provisions on extensions and redevelopment of non- conforming uses, nothing will prevent the rebuilding or repair of any building or structure that is damaged or destroyed by fire or natural disaster subsequent to the adoption of this Plan, provided:
a) the dimensions of the building or structure that was destroyed are not increased;
b) the use of the building or structure is not altered;
c) the building or structure is not located in a flood plain or unstable slope or erosion area.
13.9.6 However, where the area of the lot is sufficient the new buildings and structures shall be located in conformity with the requirements of the zoning by-law. Further, nothing shall prevent the strengthening to a safe condition any such building or structure provided such repair or alteration does not increase the size or height of the building or structure.
13.10 CONSENTS
13.10.1 It is the general intent of the Plan that the conveyance of land will only be permitted where the parcel is within a registered plan of subdivision. Consents to sever individual parcels as an alternative to a registered plan of subdivision will be discouraged and will only be permitted when such a plan could clearly not be needed to ensure that the intent of applicable policies in this Plan are followed.
13.10.2 Consents to sever individual parcels of land will only be given where:
a) It is clearly apparent that no development could take place which would lead to significant expense by the City for public works or which would lead to further development leading to such expenses; b) they contribute to the infilling of areas that are already substantially developed; c) the size and shape of the parcel is appropriate for the use proposed and in terms of the optimum development for the surrounding area; and
d) the parcel conforms to any design scheme for the area.
13.10.3 Provisions for severing individual parcels of land within the Agricultural Areas are found in the Agricultural policy section of this Plan.
13.11 PROPERTY STANDARDS
13.11.1 In order to encourage the maintenance of all private property and particularly in areas of special concern, the City will from time to time, pass a maintenance and occupancy standards by-law pursuant to the provisions of the Planning Act. In addition the City will appoint a Property Standards Officer who will be responsible for administering and enforcing the maintenance and occupancy standards by-law.
13.11.2 The by-law shall have regard to the following matters and set appropriate standards for:
a) The physical condition of yards and passageways including the accumulation of debris and rubbish;
b) the adequacy of sanitation, including drainage and garbage;
c) the physical condition of accessory buildings;
d) the physical condition of dwellings and dwelling units with particular regard to:
i) insects and vermin ii) structural standards iii) water-tight conditions iv) adequacy of light and ventilation v) condition of stairs vi) interior walls, ceilings and floors vii) toilet facilities viii) condition of chimneys ix) general cleanliness x) heating system xi) adequacy of electrical service xii) adequacy of food preparation facilities xiii) adequacy of access xiv) standards on minimum areas, heights, etc.
13.11.3 Information concerning substandard building conditions, overuse of existing buildings, neglected yards, courts and vacant lands will be collected by inspectors and other personnel of municipal departments, including the Health Department, Fire Department, Welfare Department, Building Department, Planning Department and other agencies.
13.11.4 The City will appoint a Property Standards Committee as provided for in the Planning Act for the purpose of hearing appeals against an order of the Property Standards Officer.
13.11.5 It is intended that a close liaison will be maintained between the Property Standards Officer and the Property Standards Committee and the aforementioned departments to ensure the administration of the by-law is accomplished effectively.
13.12 BOUNDARY INTERPRETATION
13.12.1 In order to implement the Plan the limits of the designations set out on Schedule B will be defined in terms of the following factors:
a) Identifiable natural and man-made features on the ground, such as watercourses, tops of banks, roads and railways; and
b) land use and land ownership boundaries at the time of adoption of these policies.
13.12.2 Existing uses within each designation may be permitted to expand beyond the land use boundary if the expansion is minor in extent, will not create land use incompatibility difficulties, and does not intrude significantly into an adjacent area designation.
13.12.3 Notwithstanding the above statement, the boundary separating the Agricultural Areas from the Urban Areas is fixed as shown on Schedule "B", and amendments to this Plan will be required to expand urban designations into the Agricultural areas.
13.13 COMMITTEE OF ADJUSTMENT
13.13.1 The Committee of Adjustment for the City of St. Catharines shall be guided by the general intent and purpose of this Plan and the implementing zoning by-laws in making decisions on applications for minor variances.
13.14 PROCESSING TIMES
13.14.1 Council endeavours to process all development applications as expeditiously as possible, however it is recognized that certain development proposals are complex and may require considerable time to fully review. As such, it is difficult to predict a consistent time frame for all proposals. Notwithstanding this, the City of St. Catharines will attempt to process applications within the time frames provided for in the Planning Act as amended from time to time, provided all the necessary information has been provided by the applicant.
SECTION 14 - SCHEDULES
Schedule A Planning Divisions
Schedule B Land Use Plan
Schedule C Environmental Constraints
Schedule D Park Deficient Areas
Schedule E Bicycle Path and Pedestrian Walkway System
Schedule F Natural Environmental Features
Schedule G Development Areas
Schedule H Ultimate Road Right-of-Way Widths
Schedule I Airport Zoning Regulations
Schedule J Niagara Escarpment Designations
SECTION 15 - THE CENTRAL AREA SECONDARY PLAN
It is the purpose of the Central Area Secondary Plan to provide a framework for the revitalization and growth of the City's downtown core as delineated on Schedule 15-A. In keeping with the policies of the Official Plan to promote the development of a strong mixed-use profile in the downtown and to improve its role as a major economic and social centre for the City and surrounding region, the following objectives are established in support of this goal.
- To encourage developments which create an orderly and attractive urban form and a functional harmonious land use structure.
- To preserve and enhance the character and identity of architecturally significant buildings and heritage areas.
- To improve the mobility of people and goods to and within the downtown core.
- To encourage new housing downtown, in varied locations and for a variety of income groups.
- To guide the development of community service and facilities which reflect the character and needs of local residents.
- To facilitate the development of a safe and efficient pedestrian circulation system linking major activity areas and pedestrian focal points.
- To improve the amenity and attractiveness of the downtown and to promote its use both in the daytime and evening hours.
LAND USE RELATED POLICIES
In order to guide the spatial distribution of land uses and activities in the Central Area and to further the development of a functional and attractive downtown environment, a general pattern for land use shall be established as shown on Schedule 15-A "Land Use Related Policies" shall be used to guide development and redevelopment within the various land use zones for the purposes of achieving a complementary integration of land uses and activities as well as other stated objectives of the Central Area Plan.
15.1 RESIDENTIAL LAND USE
15.1.1 A variety of housing types with a wide range of accommodation costs should be provided in the downtown for all household types and income groups.
15.1.2 A variety of residential environments will also be designated in the central area, including quiet residential neighbourhoods comprised of one and two family dwellings, as well as low-rise multiple family dwellings close to parks and open spaces, and more active residential areas containing low and high-rise apartments, along with other multiple unit housing located in the transition zones, the civic- square related zones and in appropriate areas of the commercial zones.
15.1.3 Because the resident population of a downtown can contribute significantly to the activity and vitality of the area in the evening hours, the residential environment will be improved so as to attract more households to reside in the central area.
15.1.3.1 A level of amenities in new development, which in total could aid in offsetting a shortfall of existing parks and recreation facilities, will be required in the central area.
15.1.4 To afford more households the opportunity to live in the downtown area, a relatively higher density of housing will be encouraged.
15.1.4.1 Higher density housing may be located in the commercial, civic- square related and transition zones, as well as in selected parts of the residential neighbourhoods in a compatible manner and close to parks and open space.
15.1.4.2 Combination commercial-residential apartment developments will be encouraged in appropriate locations in the commercial, transition and civic-square related zones.
15.1.5 Wherever possible, existing housing in a good condition and located in predominantly residential areas, should be retained and improved rather than be removed for redevelopment. Residential development is more appropriate in certain areas such as in transition zones and on vacant tracts of land.
15.1.5.1 Certain low density residential areas should be revived in order to restore the original character and stabilize the social community.
15.1.5.2 Neighbourhoods which are predominantly residential, yet are zoned commercial, should be changed to a more appropriate zoning category, either to residential or a lesser intensity, non- residential use.
15.1.5.3 To maintain the stability and residential atmosphere of downtown neighbourhoods, local streets will not be used as arterial or major collector roads carrying higher volumes of traffic.
15.1.5.4 Conversions will be allowed in the transition zones only where the conversion is compatible with the existing neighbourhood.
15.2 GENERAL COMMERCIAL LAND USE
15.2.1 Various commercial activities of a non-retail type will be encouraged in the C.B.D. so that these complement the retail, office, governmental, institutional, residential, cultural and recreational character of the central area.
15.2.1.1 Commercial uses will be limited in the transition and civic-square related zone, and will be restricted to the existing uses in the neighbourhood residential areas and the civic-square zone, so as to maintain the unique character of these areas.
15.2.1.2 Convention and related facilities and services, including hotels and restaurants, will be encouraged in the downtown.
15.2.1.3 The farmers' market shall retain a location in the commercial core of C.B.D. of the central area which is easily accessible by all modes of transportation including transit, pedestrian and private automobile.
15.2.1.4 Where residential uses are proposed in any C2 or C3 designation as shown on Schedule 15-A: Legend, The Central Area Secondary Plan, the following policy shall apply:
Pursuant to the Provincial Guidelines on Noise and New Residential Development Adjacent to Freeways, April 1979, a noise study shall be undertaken by a recognized acoustical consultant. The study shall quantify noise levels upon the site from all sources, shall recommend any attenuation measures needed to meet the noise level objectives of the Ministry of the Environment for both indoor and outdoor residential environments, and shall be submitted to that Ministry for approval. Any approved noise control measure as defined in the acoustical study shall be implemented through provisions of a site plan agreement pursuant to Section 41 of the Planning Act, R.S.O. 1990, c.P.13, as
amended or through provisions of another form of agreement which is binding upon the proponent and the City.
15.3 RETAIL LAND USE
15.3.1 The function of the downtown as a main shopping area in the city, containing a full range of comparison goods (D.S.T.M.) stores, will be reinforced.
15.3.2 The attractiveness of the retail core to potential shoppers shall be increased through various measures.
15.3.2.1 A compact retail core or shopping area should be encouraged in the C.B.D. in order to minimize walking distances between retail outlets for the convenience of the pedestrian-shopper.
15.3.2.2 Retail functions, especially comparison goods (D.S.T.M.) shopping facilities will be encouraged to locate on the lower floors, especially the ground floor, of buildings in the retail core.
15.3.2.3 Retail outlets will be encouraged to locate in the retail core in order to reinforce the attraction to this core, and will be discouraged from locating in more peripheral sites in the commercial area. Retail activity will be restricted to existing uses in the residential zone and will be restricted to those outlets which serve local needs in the transition zone.
15.3.2.4 Commercial, retail and office functions will be encouraged to remain in the existing commercial strips along Geneva and St. Paul Streets in order to maintain the viability of those and prevent any possible deterioration.
15.3.2.5 Strategically located short-term parking facilities should be within close proximity to the retail core so as to provide maximum accessibility to, and possibly maximum visibility of, retail outlets.
15.4 OFFICE LAND USE
15.4.1 The established and important office function of the downtown will be enhanced by permitted additional offices to locate in the central area.
15.4.1.1 Office functions which do not generate or attract a significant amount of pedestrian traffic or do not require a ground floor location will be encouraged on the upper floors of buildings in the retail core.
15.4.1.2 Office buildings will be encouraged throughout the commercial area.
15.4.1.3 Office activities will be restricted as to the intensity of activity in the transition zones, in the downtown, in order to ensure a greater compatibility with the adjacent existing residential uses.
15.5 INDUSTRIAL LAND USE
15.5.1 In general, industrial activity is not considered to be a desirable land use in the central area and hence, new industry will not be permitted to locate in the core area. Existing industry, however, where compatible with surrounding land uses, such as adjacent to transportation corridors, may remain in the downtown, while those operations which are incompatible will be encouraged to relocate in more appropriate locations in the City.
15.6 PARKS/OPEN SPACES
15.6.1 Adequate public parks and open spaces, for both active and passive uses will be provided in the central area to serve not only the residents but employees, shoppers, tourists and persons conducting business in the downtown.
15.6.1.1 Additional parkland shall be provided to supplement the limited amount of parkland presently found in the downtown.
15.6.1.2 To act as a focus for the downtown, and especially to act as the site of civic functions and other related special events, a civic-square shall be created in the area of City Hall, the Old Court House and the New Library.
15.6.1.3 So as to provide the opportunity for central area residents and others, to escape the busy activity, noise and congestion of the downtown, certain passive open spaces will be designated as quiet zones and their physical and site design will assist in maintaining a relaxing atmosphere.
15.6.1.4 With the institution of pedestrian ways in the downtown, interesting open spaces will be created in association with these walkways for the purpose of enhancing the attractiveness of this environment.
15.6.2 In order to reinforce the Garden City image in the downtown, new development will require plantings and landscaping.
15.6.3 Wherever buildings are demolished and immediate development is not contemplated, the City will evaluate these sites as temporary open space areas and may encourage, or assist in, the creation of public amenity areas on these sites.
15.7 ROADS AND TRAFFIC
15.7.1 Through traffic in the downtown will be reduced to a minimum so as to lessen traffic congestion and improve accessibility within the central area.
15.7.1.1 The creation of an arterial ring road system encircling the downtown as depicted on Schedule 15-B, will divert through traffic around the central area.
15.7.2 To facilitate pedestrian movement in the downtown, pedestrian traffic will be segregated from vehicular traffic wherever possible.
15.7.3 Alternative modes of transportation to the downtown will be encouraged in an effort to relieve the traffic congestion in the C.B.D. area and to improve the accessibility to the central area from all parts of the City and surrounding region.
15.7.3.1 Transit, bicycling, and walking are viable alternatives to the private automobile as a means of transportation to the downtown.
15.7.3.2 In order to reduce the amount of parked cars throughout the central area, transit will be encouraged as the major mode of transportation to the central area, especially for downtown employees.
15.7.4 The city bus transfer point shall retain a location in the commercial core of C.B.D. of the central area.
15.7.5 It is recognized that the Region will maintain control and jurisdiction over the Regional arterial road system in the Central Area.
15.8 PARKING
15.8.1 In order to make parking more convenient in the downtown, and hence attract more persons, a parking strategy is required for the C.B.D.
15.8.1.1 Ample parking facilities for shoppers and for other short-term parking, should be located within 121.92 metres of the retail core.
15.8.1.2 Long-term parking, especially employee parking, may be provided in the commercial core after the priority requirements of short-term parking have been met.
15.8.1.3 Parking facilities should be easily accessible from main connector roads which link the arterial ring road to the actual C.B.D.
15.8.1.4 Upon reaching the capacity of the existing parking space resources in the downtown additional surface lots or, if demand warrants, parking ramps should be provided.
15.8.2 Adequate parking facilities will be sought for any new development, redevelopment, expansion or conversion in the downtown either by way of contribution to the parking fund for those designated activities located in the benefit assessment area or by the provision of parking spaces as per zoning by- law requirements.
15.8.2.1 Any new development, expansion of an existing activity or the conversion of an activity to another use, which is located outside the benefit assessment area for parking purposes will be subject to the parking standards required by the zoning by-law.
15.8.2.2 Activities inside the benefit assessment area which are exempt from any parking standard requirements include any commercial development, expansion or conversion, and any partial conversion of an existing commercial structure to residential dwelling units.
15.8.2.3 Any additional residential units created from existing residential structures, and any total conversion of an existing commercial structure to residential dwelling units will be subject to the parking requirements of the zoning by-law with an option for cash-in-lieu of the parking standard.
15.8.2.4 Activities inside the benefit assessment area for parking, which are subject to parking requirements, include new residential development and residential units in a new mixed-use development.
15.8.3 The parking standards for new residential development in the downtown will be less than the present standards required by the existing zoning by-laws for housing developments in the rest of the city, so as to reflect the lesser need for residential parking spaces in the central area.
15.8.4 For all non-residential developments and activities which will be required to provide parking spaces as per the zoning standards, based on floor area or other similar criteria, special signage designating such parking spaces for customer/client use only will be erected as a condition of development agreement. Parking for employees may be provided, but is not required and shall in no case occupy the parking designated for customers and clients.
15.8.5 Because the storage of cars is not a very interesting or attractive land use, new parking facilities will be encouraged to locate below-grade or well above ground level, in new developments, while no parking will be permitted on-grade in the area of the civic square.
15.8.5.1 Wherever street-level parking facilities are required, these will be thoroughly screened from pedestrian and residential vantage points in an aesthetic manner.
15.8.6 Employee parking will be discouraged on the residential streets surrounding the C.B.D.
15.9 PEDESTRIAN NETWORK
15.9.1 To facilitate the movement of pedestrians in the downtown, a pedestrian walkway system as indicated by Schedule 15-C, will be created in the downtown area.
15.9.1.1 The main purpose of this walkway system is to connect the pedestrian generators such as major parking facilities and the transit transfer point to major activity nodes of the downtown so as to provide easy and direct pedestrian access between these.
15.9.1.2 An additional purpose will be to provide easy access from the major activity centres to parks, open spaces and other public gathering places.
15.9.1.3 Pedestrian ways over private land as delineated on Schedule 15-C will be created in conjunction with the redevelopment of this land, while those routes over public land will be improved through a staged program.
URBAN FORM RELATED POLICIES
15.10 GENERAL URBAN FORM
15.10.1 The intent is to have better control over the bulk of buildings in the central area and thus ensure that new development is compatible with the physical character of those areas of special identity that are to be retained and enhanced, as well as, to allow and guide new development, redevelopment or the additions to existing development where it is most appropriate.
15.10.1.1 The maximum permissible amount of floor space which can be built on any lot in the central area shall be established by floor space to lot area ratio (F.A.R.) standards in the zoning by-law.
15.10.1.2 In order to provide general visual coherence in the central area and to preserve or create area consistency in building form, height limits for various parts of the central area will be established in the zoning by-law.
15.10.2 Buildings in the very core of the commercial area will be able to utilize the maximum development standards concerning permissible amount of floor space on a lot and permissible structure heights, developed for the central area.
15.10.3 In the transition zones where the gradual change from predominantly residential land use to commercial land use is occurring, various building bulk controls adopted will be designed to protect the physical character and integrity of these residential areas from the encroachment of incompatible high density form of the core area.
15.10.3.1 To minimize the real and psychological effects of large buildings overshadowing small buildings, the difference of the designated height limits between the transition zone and the designated residential zone should not exceed the height of the lower zone.
15.10.3.2 In order to ensure the physical compatibility of the transition zone and the adjacent residential area, any incoming commercial, office or other non-residential activity will need to maintain a low physical profile, by developing within the development bulk limitations established for the transition zone.
15.10.3.3 To further ensure greater compatibility between the building form of the transition zone and that of the adjacent designated residential zone, conversions of existing structures will be encouraged over the demolition of existing structures in order to redevelop.
15.10.4 Policies will be adopted pertaining to the variance of sunlight on designated open space caused by new development in order to ensure that the built form of new buildings allows for a desirable year-round condition on the designated open space.
15.11 HISTORIC FORM PRESERVATION
15.11.1 Historic and architecturally significant buildings and structures of the central area contribute to the overall quality and richness of the city's urban environment. These elements are unique and all too often irreplaceable and thus, these areas of special identity shall be retained or enhanced.
15.11.1.1 In order to maintain an important tie to the past and to thus contribute to the quality and character of life in the central area, Council, as permitted under Provincial Legislation, Part IV and Part V of the Ontario Heritage Act (R.S.O. 1980), shall designate various historically or architecturally significant buildings, structures or areas as such.
Where heritage conservation district plans have been prepared these will be done in accordance with the guidelines established by the Ministry of Culture and Recreation. Council shall seek Ministry of Culture and Recreation endorsement of such plans prior to their implementation by Council.
15.11.1.2 In order to conserve and strengthen these areas of special identity and character, Council may employ its available powers to enact legislation, review plans and drawings and make requirements so as to ensure that surrounding redevelopment respects the character of special areas through compatibility of materials or through some means of reflecting the importance of the designated building, such as through siting or any other effective means that is selected by, or satisfactory to Council.
15.11.1.3 Further, notwithstanding any other provision of this plan, where a development site includes a designated building, the gross floor area of the designated building may be excluded from the calculation of the maximum permissible gross floor area on a lot provided that:
i) The relationship between the designated building or structure and the new development (in the opinion of Council or their appointed committee) will be such that the quality and character of the designated building or structure will be respected;
ii) In no case will the real gross floor space of the
development be allowed to exceed any established limits by greater than 25%;
iii) The retention, maintenance and use of the designated building or structure is secured to the City by an appropriate legal document; and
iv) The maximum permitted gross floor area exemption of the designated building is reduced by an amount equal to the amount which is excluded from the maximum permissible gross floor area calculations on the lot in question in any further bonus calculations.
15.11.1.4 Where Council deems it desirable and accepts conveyance of a designated historical building, Council may allow a sum equal to the gross floor area contained in the designated historical building to be excluded from any floor space restricting calculation (F.A.R. calculations), on any development proposal made by the party making the conveyance provided that:
i) The historical building and the development proposal are both within the boundaries of the central area;
ii) The development proposal which will receive the floor space bonus is not on lands within the boundaries of any zones designated 'RA' or 'T' as identified on the appropriate land use schedule contained in this document;
iii) The maximum permitted gross floor area exemption of the designated building is reduced by an amount equal to the amount which is excluded from the maximum permissible gross floor area calculations on the lot in question in any further bonus calculations.
iv) In no case will the real gross floor space of the development be allowed to exceed any established limits, as a result of this historical floor space bonusing by greater than 25%.
15.12 HOUSING TYPES AND FORM
15.12.1 Council may authorize a by-law to allow for floor space increments on individual lots of up to 20% of the amount of floor space permitted on the lot under normal limits, provided that the owner of such a development agrees with the City and the appropriate governmental body to provide such additional floor space for the purpose of any assisted housing program as approved by the City or the local housing authority.
15.12.2 Available power shall be employed to enact regulations and review plans and drawings to ensure that there is suitable provision of various recreational space and various privacy zone areas related to the higher density residential forms, such as apartment buildings.
15.12.2.1 Adjusted requirement standards for private and shared recreational amenity space dealing with high density residential development, reflecting the uniqueness of the central area, will be established.
15.12.2.2 Standards dealing with privacy areas in high density development will be established.
15.12.3 Increments to the allowable amount of buildable floor space on a lot and/or indexing of the real amount of shared recreational space used to satisfy any shared recreational space requirements shall be offered in the zoning by-law for the provision of desirable amenity forms, or for the provision of amenity areas in excess of the minimum requirements developed and these will be referred to as development bonuses for residential development. They are offered to encourage high quality amenity areas in the central area related to residential development; to offer a wide range of possibilities to meet any amenity space requirements for development; to recognize the additional cost in developing higher quality amenity areas, and to encourage the provision of recreational facilities which meet the primary needs and preferences of downtown residents.
15.13 PEDESTRIAN REALM
15.13.1 The pedestrian realm in the central area will be expanded and elaborated creating safe, convenient and aesthetically pleasing walkways thus adding to the attractiveness of walking purely, or in combination, with public transit as an alternative to the private automobile.
15.13.1.1 There will be a better delineation of linkages between various activity areas in the downtown. These may entail new through block passageways, better signage at existing passageways, and/or improving the environment in these passageways.
15.13.1.2 A main pedestrian artery will be developed between parking areas, public transit marshalling points and major commercial and office areas by using opportunities found in the form of existing laneways, existing development and selective land acquisition.
15.13.1.3 In the central area where there is a high concentration of working, shopping and/or resident populations, consideration will be given to increasing the proportion of street allowances available for use by pedestrians including sidewalks, landscaped and seating areas and other pedestrian amenities, thereby reducing the space available to vehicular traffic. In doing so, Council will consider the adequacy of the street system for essential vehicular traffic purposes including goods delivery, public transit and taxis.
15.13.1.4 The use of textured paving materials selective plantings, properly scaled and appropriately styled lighting and various rest seating areas with appropriate street furniture at strategic locations, will add to the appeal of the pedestrian system.
15.13.1.5 In order to create a safe pedestrian environment, walkways shall be segregated from the vehicular roadway system wherever feasible.
15.13.2 Building form and accommodation on grade within the commercial core shall be suitable for and express active people-oriented and pedestrian- generating functions which increase the vitality and activity level of this area of most intense land use that the pedestrian relates most closely.
15.13.2.1 The lower two floors of buildings shall be strongly articulated through the use of canopies, roof lines, planting of large trees or other treatment to create visual interest and a pedestrian scale.
15.13.3 Buildings along new pedestrian arteries shall become double-faceted recognizing both the new walkway and the existing streets as opportunities arise.
15.13.3.1 Presentation of suitable, lively, colourful displays and activities will be encouraged next to pedestrian areas.
15.13.4 Available powers shall be employed to enact regulations and review plans and drawings to ensure that the form of development adjacent to public streets, the uses that development accommodates on levels or which are accessible to the public street, and access to these uses from the sidewalks, are such as to enhance the quality of the public street and streetscapes.
15.13.4.1 The provision of public amenity areas or shared common outdoor space shall be required in all major developments or redevelopments in the central area.
15.13.5 Increments to the allowable amount of buildable floor space on a lot, and/or an indexing of the real amount of outdoor space used to satisfy the shared common outdoor space requirements, shall be offered for certain desirable amenity forms or for the provision of the amenity areas in certain predetermined locations, and referred to as general development bonuses. They are offered in order to promote the extension of existing pedestrian walkways within development, to provide diverse and comfortable activity areas and amenities for pedestrians, to add to and promote a continuity of walkways of private development within the larger network of sidewalks and streets and, where applicable, to encourage the retention, development and enhancement of public streets and streetscapes in keeping with their unique character, scale and enclosures, so as to ensure that through all development pressures, they are comfortable and convenient and offer varied activities and experience to pedestrians.
15.13.6 A civic-square area will be developed in keeping with the concept of providing the citizens of St. Catharines with a gathering place in the downtown. This area will be restricted to pedestrians and some service vehicles and the area will be defined by, as well as be an integral part of, the main pedestrian artery. The area will be multi-purpose and designed so that it may accommodate a variety of functions.
15.14 PARKING REALM
15.14.1 Available powers shall be employed to enact regulations, to review plans and drawings to ensure that all street level parking, where permitted, will be thoroughly screened from pedestrian and residential vantage points.
15.14.1.1 Guidelines or policies dealing with the general criteria concerning surfacing, vehicular and pedestrian access, screening and landscaping and concerns for safety of surface parking lots will be established.
15.14.2 Upon the full implementation of a parking strategy which would provide for all identified parking requirements, surface parking as a separate use may not be permitted for more than a temporary period not exceeding five years and only as subject to such conditions and policies as will be prescribed by Council.
15.14.3 Recognizing the desirability of subgrade parking as to efficient utilization of land and its unobtrusive form, and the added expense of its provision to a developer notwithstanding any other clause of this Plan, all parking area considered ancillary to a development, the floor of which is below grade of abutting streets or lanes, or parking areas which are totally screened and within a development's structure and which can be considered an extension of the subgrade parking resource, shall be exempt from any bulk restricting floor space calculations.
15.14.4 Recognizing the desirability of the subgrade parking form, any floor area devoted to parking, provided above any set minimums, the floor of which is below grade of abutting street or lane, or which is totally screened and within
a development's structure and which can be considered an extension of the subgrade parking resource, may be subtracted from the development's F.A.R. calculations.
15.14.5 The directions to municipal parking sites should be clearly and tastefully marked and thus, add to the accessibility of these areas.
GENERAL IMPLEMENTATION POLICIES
15.15 Upon approval of this Plan, the zoning by-law for the Central Area, as delineated in this Plan presently being Zoning Area 5, shall be revised so as to reflect the intent of the Plan as defined by the land use concept and policy statements.
15.16 So as to further ensure the intent of the Plan, Council shall, by by-law passed under Section 34 of The Planning Act, R.S.O. 1990, c.P.13, as amended, enact those restrictions as defined in Section 41 of same Act, commonly known as Site Plan Control, for the entire Central Area.
15.17 A policy statement of design guidelines pertaining to development in the Central Area and as approved by City Council, will be used in the review of proposed development or redevelopment through the provisions of Section 42 of The Planning Act, R.S.O. 1990, c.P.13, as amended, in addition to the requirements of the zoning by-law.
15.18 The City may request financial assistance from the Province in order to pursue a downtown revitalization scheme, as is possible through the Ontario Downtown Revitalization Program.
15.19 The City may acquire land from time to time, in order to implement any feature of this Plan, as permitted by Section 25 of The Planning Act, R.S.O. 1990, c.P.13, as amended.
15.20 Detailed design schemes as permitted by the intent of the Official Plan, may be prepared for special parts of the Central Area, such as:
the civic-square; a pedestrian facility network; streetscapes; a transportation and parking scheme; and other areas of special identity.
15.21 All public works and improvements in the central area shall be undertaken in conformity with this Plan.
15.22 Special tax levies may be assigned by by-law to property owners benefiting from parking improvements, as permitted by Section 207 (56) of The Municipal Act, R.S.O. 1980, and from streetscape and general improvements, indirectly through a designated business improvement areas(s) as permitted by Section 220 (1) of The Municipal Act, R.S.O. 1980.
15.23 Council shall review this document - The Central Area Plan - at no longer than two year
intervals and Staff may review it at such time as the need arises.
The following text replaces Section 15.24 as O.P.A. #19, approved on August 25, 2003. (The lands subject to this amendment were subject to O.P.A. # 4 approved on March 3, 1999).
15.24 Notwithstanding any provisions of the Official Plan to the contrary, in addition to those uses permitted in the “RB” designation, a printing and publishing house, business offices, a custom workshop (manufacture of rowing shells) and all commercial uses in the Business and Commercial District Zone of Zoning By-law No. 6756 (Zone 5), as amended, including light motor vehicle repairs (brakes, muffler, glass and detailing) shall be permitted. The following uses shall not be permitted - automobile service stations, gasoline, propane and natural gas filling stations, used car sales lot and residential uses.
15.24 a) Any development of the property for future residential uses shall be subject to the following requirements:
i) Prior to any development of the lands, an updated Environmental Site Assessment (ESA) Report shall be prepared by a qualified consultant in accordance with Ministry of the Environment Guidelines and submitted to the Ministry or its delegate for acknowledgement. Copies of the ESA Report shall also be submitted for review to the Regional Municipality of Niagara and the City of St. Catharines.
ii) Any site remediation measures recommended in the acknowledged ESA Report shall be completed to the satisfaction of the Ministry of the Environment, the Regional Municipality of Niagara and the City of St. Catharines before any residential development can occur.
15.25 Notwithstanding Sections 2.17.1 and 2.17.2 of the Official Plan to the contrary, a "Light Industrial Use" as defined by Section 2.7 of the Official Plan, and/or a "C3" use as defined by Section 15, The Central Area Secondary Plan, may be located on the lands municipally known as 198 St. Paul Street.
15.26 Notwithstanding Section 15.15 of The Central Area Secondary Plan to the contrary, the C.A.U.S.E. area located south-east of St. Paul Street and north-west of Highway 406, will only be rezoned for those uses permitted by the C1 land use designation after the applicant has submitted to the City the necessary reports to indicate that the slope on the south side of St. Paul Street will remain stable during and after construction and the structure in the valley will be protected from any flooding hazard and that the proposal is in compliance with the other policies of The Central Area Secondary Plan.
15.27 Notwithstanding the provisions of the Official Plan to the contrary, the lands identified on Schedule 15-A and municipally known as 242 St. Paul Street may, in addition to any use permitted in the "C3" designation, be used for residential purposes subject to the following policy:
Pursuant to the Provincial Guidelines on Noise and New Residential Development Adjacent to Freeways, April 1979, a noise study shall be undertaken by a recognized acoustical consultant. The study shall quantify noise levels upon the site from all sources, shall recommend any attenuation measures needed to meet the noise level objectives of the Ministry of the Environment for both indoor and outdoor residential environments, and shall be submitted to that Ministry for approval. Any approved noise control measures as defined in the acoustical study shall be implemented through provisions of a Site Plan Agreement pursuant to Section 42 of the Planning Act, R.S.O. 1990, c.P.13, as amended or through provisions of another form of agreement which is binding upon the proponent and the City.
SCHEDULE 15 - A: LEGEND
Note: land use plan is composed of a number of land use designations
(OFFICIAL PLAN AMENDMENT NO. 95 ADOPTED BY BY-LAW NO. 89-348 APPROVED BY THE MINISTRY OF MUNICIPAL AFFAIRS ON NOVEMBER 3, 1989 DELETED THE C2 AND C3 DESIGNATIONS AND REPLACED THEM WITH THE FOLLOWING C2 AND C3 DESIGNATIONS.)
MAP SYMBOL LAND USE DESCRIPTION
C1 includes retail, office, commercial service and residential activity; warehouses not permitted; highest intensity of activity; functional pedestrian network; retail uses concentrated on ground floors
C2 office, retail, commercial service and warehouse activities: residential uses shall be permitted over and behind any of the aforementioned uses permitted in a C2 designation.
C3 retail, office and commercial services: no warehouses permitted; residential uses shall be permitted over and behind any of the aforementioned uses permitted in a C3 designation.
CN neighbourhood shopping centre; limited number of retail outlets; mostly food and convenience stores and local commercial services.
T transition zone between predominantly commercial and predominantly residential sectors; limited commercial activity and retail restricted to local needs only; warehouses not permitted; residential and office uses predominate.
CS civic-square - comprised or governmental, institutional, cultural or other public facilities, emphasis on spacious pedestrian areas and facilities.
CSR civic-square related activities including office, retail, commercial service and residential dwellings, emphasis on pedestrian environment of sitting areas, greenery, etc., above-ground and grade level parking restricted in new developments.
HS hospital and related service activity; medical and professional offices and service functions; residential apartments.
RA neighbourhood residential area of low to medium density housing types containing family households, mainly, with some non-family households.
RB higher density residential area being more appropriate for non- family households and less appropriate for families with children.
EPA environmental protection area; also includes lands designated for highway purposes, utilities and parking.
P parks and open space.
SECTION 16 - THE PORT DALHOUSIE NEIGHBOURHOOD PLAN
It is the purpose of the Port Dalhousie Neighbourhood Plan to provide a framework for the development and redevelopment of the Port Dalhousie Neighbourhood as delineated on Schedule 16-A. In keeping with the overall goals of this Plan, to further the development of an orderly and attractive urban pattern in the Port Dalhousie Neighbourhood, the following objectives are established in support of this goal.
1. To encourage the retention and rehabilitation of existing housing stock in the Port Dalhousie Area.
2. To provide a range of housing types of various income levels.
3. To ensure that the character of the Commercial Core is maintained and protected and at the same time, ensure that the Commercial Core does not encroach into the adjacent residential areas.
4. To maintain and reinforce the atmosphere and character which has developed in the Commercial Core.
5. To enhance the streetscape and pedestrian amenities of the Commercial Core through such means as tree planting, improved lighting and street furniture.
6. To maintain the present accessibility to neighbourhood parks by adjacent residents and to ensure that any future developments in the Port Dalhousie area respect the optimum radius of 400 metres as set out in the Official Plan.
7. To increase the supply of active recreational facilities in the Port Dalhousie Area.
8. To maintain a safe and orderly flow of traffic on the major arterial roads connecting Port Dalhousie to other parts of the City.
9. To maintain the privacy and amenity of residential areas.
10. To provide adequate parking facilities in the Port Dalhousie Commercial Core.
11. To institute a bicycle path and pedestrian walkway system through the Port Dalhousie area.
12. To reduce the danger to life and property along the watercourses in Port Dalhousie.
13. To maximize the amount of public open space along the Lake Ontario Shore- line for City-wide recreational use and to reduce the problems of erosion.
14. To conserve individual buildings of historic or architectural value.
15. To protection areas of historic or architectural interest in Port Dalhousie.
LAND USE RELATED POLICIES
In order to guide the spatial distribution of land uses and activities in the Port Dalhousie Neighbourhood and to further the development of a functional and attractive Neighbourhood environment, a general pattern for land use shall be established as shown on Schedule 16-A "Land Use Designations" shall be used to guide development and redevelopment for the purposes of achieving a complementary integration of land uses and activities, as well as other stated objectives of the Port Dalhousie Neighbourhood Plan.
GENERAL POLICIES
16.1 Port Dalhousie is a diverse area containing low-rise residential areas, a unique commercial area which was formerly the Central Business District for the Town of Port Dalhousie, a city-wide park (Lakeside Park) and the Port Dalhousie Harbour. It is the policy of Council to recognize this diversity of land uses and to encourage and improve the compatibility of each.
16.2 The Port Dalhousie Neighbourhood is a community with areas of historic and architectural significance. It is the policy of this Plan to conserve this character and improve the environment of Port Dalhousie through the enhancement of particular streetscapes and promotion of certain building types. The Harbour area shall also be improved. The neighbourhoods adjacent to the Commercial Core shall be protected from the negative effects of traffic and parking related to the commercial uses in the Core Area.
16.3 A significant portion of Port Dalhousie consists of low-scale detached and semi-detached houses. Council shall encourage the retention and restoration of such houses and shall regard these as particularly appropriate for families.
16.4 Retail and service uses, primarily serving a local market and including components of housing, shall be encouraged to locate in the area designated for such uses along Main Street, with regional retail uses concentrated in the area designated as the Commercial Core.
16.5 Port Dalhousie has at present, a sufficient amount of Neighbourhood parkland to serve the needs of the area residents, as well as, unique natural areas such as Martindale Pond and Lake Ontario where increased public recreation may be obtained. There is, however, a high proportion of neighbourhood parkland devoted to passive recreational use. Council should encourage the development of additional active recreational facilities to meet the present and future needs of the Port Dalhousie Neighbourhood.
HOUSING POLICIES
16.6 It is a policy of Council to encourage the retention and rehabilitation of existing housing stock in the Port Dalhousie area.
16.6.1 It shall be the City's policy to investigate any complaints with regard to property maintenance and to take action when necessary to enforce the Maintenance and Occupancy Standards by-law.
16.6.2 The City will promote property maintenance by encouraging the citizens of Port Dalhousie to take advantage of Federal and/or Provincially sponsored rehabilitation programs and by offering technical assistance to persons interested in rehabilitating their homes.
16.7 The City will encourage the retention and modification of existing housing and development of new housing in appropriate areas suitable for a variety of household types.
16.7.1 The production of "Assisted Housing" which includes a range of housing programs sponsored by Canada Mortgage and Housing Corporation, and/or the Ministry of Housing will be encouraged where appropriate.
16.7.2 In particular, this Plan will encourage the production of Senior Citizen Housing.
16.7.3 Senior Citizen housing units in a multiple attached form will be permitted only through specific application and amendment to the Zoning By-law.
16.7.4 When reviewing requests for multiple attached Senior Citizen Units regard will be had to the following criteria:
a) The site is located close to public transit facilities and social facilities; b) Prior to amending the By-law to permit multiple attached assisted housing, consideration shall be given to the adequacy of municipal engineering
services such as roads, storm and sanitary sewers, water supply, buffer planting or screening;
c) They are located in close proximity to an arterial road;
d) They are within the Main Street Mixed Residential Area or the Western Residential Area.
16.8 Housing in the Port Dalhousie neighbourhood as subdivided into the following residential areas (as delineated on Schedule 16-A of this Plan) in accordance with their physical characteristics: Main Street Mixed Residential Area, North Main Low-Rise Residential Area, The Cottage Residential Area, and the Western Residential Area.
16.8.1 In addition to the above mentioned residential areas, this Plan will permit the construction of a limited number of residential units located above or behind commercial uses in the Commercial Core and the Convenience Commercial.
MAIN STREET MIXED RESIDENTIAL AREA
16.10 The Main Street Mixed Residential Area shall be recognized as a residential area of predominantly low-rise residential dwelling units, with a mixture of institutional and ancillary retail activities.
16.11 In the Main Street Mixed Residential Area a number of uses shall be recognized as permitted uses under the Zoning By-law, including: a) single attached dwellings; b) semi-detached and duplex dwellings; c) converted dwelling units; d) apartments in accordance with Section 16.12; e) commercial uses as set out in Section 16.13; f) existing institutional uses, as per policies 16.55.1 and 16.55.2.
16.11.1 Institutional uses and community facilities may be permitted by way of an amendment to the Zoning By-law as set out in Section 16.55 and 16.56.
16.12 Medium density residential units may be permitted in the Main Street Mixed Residential Area only by way of an amendment to the Zoning By-law, and in reviewing the request for an amendment to the Zoning By-law, consideration shall be given to the following compatibility criteria:
16.12.1 Any such building will not have a significant adverse affect on the conditions of residential amenity of the neighbourhood, having particular regard to the expected increase in vehicular traffic which may result;
16.12.2 Any such building will be similar to the existing streetscape, including such aspects as setbacks and roof-line and in particular, with respect to maintaining a house-form appearance (where such is the predominant characteristic of the existing streetscape);
16.12.3 Any such building will be compatible in scale and height with nearby buildings;
16.12.4 That adequate off-street parking is provided and the parking area is adequately buffered so as not to intrude visually on adjacent low density residential properties;
16.12.5 Schemes that include the restoration rather than the destruction of distinctive buildings of architectural merit should be encouraged;
16.12.6 The compatibility of such developments will be ensured through the use of Section 41 of the Planning Act, R.S.O. 1990, c.P.13, as amended (Site Plan Control).
16.13 Residential support services such as local retail and personal service uses presently exist in The Main Street Mixed Residential Area. It is the policy of this Plan to recognize
these present uses in the Zoning By-law, but not to allow any future requests for commercial rezonings in this area.
16.13.1 Notwithstanding Policy 2.13, it is the policy of this Plan to recognize the expansion of existing commercial uses provided that in any such expansion special efforts are made to enhance the compatibility of the use with the adjacent environment.
16.13.2 Prior to permitting the expansion of existing commercial uses, the proposed development will be required to conform to the following criteria:
a) The design and appearance of the use, together with screening and buffering, shall be in harmony with the residential character;
b) Adequate parking facilities shall be provided;
c) The compatibility of this development shall be ensured through the use of Section 42 of the Planning Act, R.S.O. 1990, c.P.13, as amended (Site Plan Control).
16.13.3 In order to restrict the linear sprawl of neighbourhood commercial uses and to recognize the excess amount of commercially zoned land along Main Street, it is the policy of this Plan to amend the Zoning By-law to reduce the amount of land which is presently zoned commercial along Main Street to the area on Land Use Schedule 16-A.
NORTH MAIN LOW-RISE RESIDENTIAL AREA
16.14 The North Main Low-Rise Rehabilitation Area shall be recognized as a stable residential area containing mostly low-rise, low-scale house-form buildings.
16.15 In the North Main Low-Rise Residential Area, a limited number of residential uses shall be recognized as permitted uses under the Zoning By-law, including:
a) single detached dwelling units; b) semi-detached and duplex dwelling units; c) converted dwelling units; d) existing institutional uses, as per policies 16.55.1 and 16.55.2.
16.15.1 Institutional uses and community facilities may be permitted by way of an amendment to the Zoning By-law as set out in Section 16.55 and 16.56.
16.16 The low density residential character of the North Main Residential Area should be protected and upgraded wherever possible.
16.16.1 This shall be accomplished by limiting development in this area to the rehabilitation of existing structures and minor infilling of new structures which will be required to conform to ranges of scale, density and design, which are compatible and complementary to the residential character of these existing neighbourhoods.
The following text was added as O.PA. # 8, approved on September 13, 2000.
16.16.2 Notwithstanding anything contained in the Port Dalhousie Neighbourhood Plan to the contrary, an apartment building shall be permitted on the lands described on Schedule 16-A-2000-179.
THE COTTAGE RESIDENTIAL AREA
16.17 The Cottage Residential Area shall be recognized as a pocket of small single detached units which have a higher than average density, due to much smaller lot sizes and narrow roadways.
16.18 In the Cottage Residential Area a limited number of residential uses shall be recognized as permitted uses under the Zoning By-law including:
a) single detached dwelling units; b) semi-detached and duplex dwelling units; c) converted dwelling units.
16.19 While the conservation and rehabilitation of existing residences in the Cottage Residential Area will be encouraged, replacement will be allowed, but new dwellings will be required to be compatible to the height and scale of the existing structures in this area.
THE WESTERN RESIDENTIAL AREA
16.20 The Western Residential Area is the newest residential area in Port Dalhousie and the only area with any large amount of undeveloped land. It is this area that will supply the bulk of new housing to meet future demands.
16.21 In the Western Residential Area a number of residential uses shall be recognized as permitted under the Zoning By-law, including:
a) single detached dwellings; b) semi-detached and duplex dwellings; c) multiple attached dwelling units; d) existing institutional uses, as per Policies 16.55.1 and 16.55.2; and e) neighbourhood commercial facilities in accordance with Policy 16.38.
16.21.1 Institutional and community facilities may be permitted by way of an amendment to the Zoning By-law as set out in Sections 16.55 and 16.56.
16.22 New units developed in the Western Residential Area will be required to conform to the following criteria:
16.22.1 Semi-detached units will not be developed in large homogeneous pockets, but will be interspersed in varying degrees with single detached dwelling units;
16.22.2 Multiple attached units, when developed, shall be located close to parks and recreational facilities;
16.22.3 To reduce the amount of pedestrian and vehicular traffic channelled through residential areas of lower density, multiple attached units should be located adjacent to arterial roads;
16.22.4 In new plans of subdivision where medium density housing is proposed it shall be situated so as not to be abutting to single detached housing in plans of subdivision registered prior to Council's adoption of this Plan;
16.22.5 In new developments where medium density housing is proposed adjacent to single family detached housing, buffering will be required;
16.22.6 Residential lots backing onto or flanking upon existing arterial roads or existing or proposed commercial uses shall have sufficient depth or width so that measures can be applied to minimize the adverse effects of excessive noise and air pollution resulting from these uses.
16.22.7 New multiple attached units will be compatible in scale and height with existing residential buildings.
COMMERCIAL POLICIES
16.23 It is the policy of this Plan to permit a range of commercial uses in the Port Dalhousie area to serve the needs of both the local and city population. It is in the intent of this Plan to direct those commercial uses which generally serve a greater, city-wide function to the Commercial Core area, and to limit those commercial uses that serve the local population to the Convenience Commercial area.
16.24 In order to improve the compatibility between commercial and residential areas, buffering and landscaping will be required on commercial properties in areas where they abut residential properties.
COMMERCIAL CORE
16.25 The Commercial Core shall be regarded as a primarily commercial core characterized by retail and service commercial uses located at grade with a minimum setback from the lot line, and with a limited number of apartments located above.
16.26 In the Commercial Core area a number of uses which generally serve a non-local clientele shall be recognized as permitted uses under the Zoning By-law;
a) retail stores; b) financial institutions; c) business and professional offices; d) barber shops and beauty salons; e) restaurants and taverns, but not drive-in restaurants; f) dwellings over foregoing uses; g) buildings or structures accessory to the above.
16.27 It is the policy of this Plan to restrict the development of the Commercial Core to the boundaries shown on Schedule 16-A and restrict the expansion of commercial uses into residential areas except as provided in Section 16.13.
16.28 In order to protect and strengthen the grade-related retail character of the Commercial Core, those commercial functions which do not generate or attract a significant amount of pedestrian traffic or do not require a ground floor location will be encouraged to locate on the upper floors of commercial core buildings.
16.28.1 Similarly, residential uses may be permitted within the Commercial Core provided that there is a commercial component and that such residential uses are located above or behind commercial establishments.
16.29 In order to ensure the compatibility of commercial uses with the adjacent residential community it shall be the policy of this Plan to:
a) Require the provision of off-street parking for new development within the Commercial Core unless Council is satisfied that the development would be adversely affected by the parking requirements as set out in Section 16.65.
b) Encourage the provision of adequate servicing (i.e., loading) in a manner which would minimize traffic congestion and reduce pedestrian hazards.
HISTORIC CHARACTER OF THE COMMERCIAL CORE
16.30 In order to conserve and strengthen the special identity and character of the Commercial Core encouragement shall be given to the protection and enhancement of those properties, buildings and features of architectural, historic and/or landscape value which are located within the Commercial Core. Any new construction, particularly infill development, within the Commercial Core should be sympathetic to the existing built environment in terms of height, mass, colour and materials.
16.31 The present Zoning By-law will be amended to ensure that the standards are compatible
with the built form in the Commercial Core.
16.32 Efforts should be made to encourage merchants and property owners in the Commercial Core area to participate in general area improvements.
16.32.1 Efforts should be made to improve the lanes behind the stores in the Commercial Core and encourage the merchants to create rear entrances to their shops.
a) In the design of these rear entrances care should be taken to minimize the conflicts between vehicular and pedestrian traffic. The rear lanes are to be considered as pedestrian routes with limited access for service vehicles.
16.32.2 Council may pass a By-law designating all or part of the Commercial Core area as a business "improvement area" under 220 of The Municipal Act, R.S.O. 1990 c.M.45, to permit the improvement, beautification and maintenance of lands within the Commercial Core by local businessmen.
16.33 Encouragement shall be given to the preparation of a detailed design scheme for the Commercial Core.
a) This design scheme may include a consideration of both the architectural detail and streetscape and the use of textured paving materials, selective plantings, properly scaled and appropriately styled lighting and various rest seating areas with appropriate street furniture, which will add to the appeal of the Commercial Core.
The following text was added as O.P.A. # 31, by OMB Order issued May 14, 2010.
A Notwithstanding the Commercial Core Policies in Section 16.25, 16.26, 16.28.1, 16.30 and 16.65.1, a 17 storey height limit, up to a maximum of 62 metres, shall be permitted for a multi-use commercial/residential building, providing:
i) the residential component is part of a multi-use commercial redevelopment scheme including retail, office, restaurant, hotel and theatre uses, and
ii) appropriate development standards are established in the related zoning amendment, site plan agreement, heritage permits and heritage easements and any other approval or applicable development agreement.
CONVENIENCE COMMERCIAL AREA
16.34 It is the policy of this Plan that the Convenience Commercial Area be considered as a neighbourhood oriented commercial area restricted to neighbourhood serving uses.
16.35 In the Convenience Commercial Area the following uses shall be recognized as permitted uses under the Zoning By-law:
a) Neighbourhood convenience commercial activities which are primarily orientated to the needs of the residential neighbourhood; including, but not necessarily limited to: variety stores, jug milk outlets, pharmacies and personal service shops;
b) Business and professional offices;
c) Dwellings over or behind the foregoing uses.
16.36 New commercial outlets in the Convenience Commercial Area shall be compatible with the adjacent residential areas and their compatibility will be ensured through a Site Plan Agreement under Section 42 of the Planning Act, R.S.O. 1990, c.P.13, as amended.
16.37 Automobile service stations or centres are not to be permitted in the Convenience Commercial Area.
ADDITIONAL NEIGHBOURHOOD RETAIL FACILITIES
16.38 Consideration may be given to the expansion of neighbourhood commercial facilities at the corner of Martindale Road and Main Street.
16.38.1 This expansion will only be permitted through an amendment to the Zoning By-law.
16.39 Prior to the approval of a development proposal and the passing of a By-law referred to in Section 16.38, consideration will be given to the following development criteria:
a) Council shall be satisfied that there is a market for additional neighbourhood facilities at this location.
i) A market analysis may be required to support the development or redevelopment of a commercial node.
b) The commercial floor area at this site should be limited in size, so as not to affect the adjacent residential areas.
c) Adequate off-street parking shall be required.
d) Extensive buffering shall be required in order to reduce any negative affect which this development may have on abutting residential developments.
e) Council shall be satisfied that adequate municipal services and utilities are available prior to approving any additional commercial facilities at this site.
f) The design, appearance and scale of the development shall be in harmony with the residential character and natural surroundings.
g) The use shall primarily serve the local residential area.
h) Traffic generated shall not detract from the quiet enjoyment of the residential area.
i) Main vehicular access shall not be obtained from the local residential streets.
j) The compatibility of new commercial development shall be ensured through the use of Section 42 of the Planning Act, R.S.O. 1990, c.P.13, as amended.
PARKS POLICIES
16.40 This Plan will implement the policies of the Official Plan (Parks Policy Plan) as these policies apply to the provision of parks and recreational facilities in Port Dalhousie.
16.41 It is the policy of this Plan that a range of parks and recreation facilities be provided both in active and passive forms to meet the varied recreational needs of the Port Dalhousie residents as well as the broader community and city-wide needs.
16.41.1 Schedule 16-A of this Plan indicates the major present and future park sites in the Port Dalhousie Neighbourhood. This schedule, however, shall not preclude the establishment of additional park sites in any of the other land use designations indicated.
16.42 In order to accommodate the needs and interests of different age groups, the hierarchy of parks, open spaces and recreational facilities as set out in Section 8.15 of the Official Plan, which provides standards for the development of neighbourhood parks and playground, district parks and playfields and city-wide parks and regional open spaces, will be recognized.
16.42.1 Both Cambria and Abbey Mews parks will be recognized as Neighbourhood Parks in this Plan.
16.42.2 Lion's Park will be recognized as a District Park.
16.42.3 Lakeside Park will be recognized as a City-wide Park providing recreation opportunities on a city-wide basis.
16.43 In accordance with Section 8.10 of the Official Plan (Parks Policy Plan) the Gracefield School and St. Anne School yards shall be recognized as Neighbourhood Parks and Playgrounds and as serving an important function in meeting the recreational requirements of the Port Dalhousie area.
16.44 In keeping with the goals and objectives of the Official Plan parks shall, wherever possible, be upgraded to further the creation of an attractive urban environment consistent with the Garden City image.
NEIGHBOURHOOD PARKS
16.45 It is the policy of Council to ensure the adequate provision of local parks and recreation facilities for the residents of Port Dalhousie through the improvement or increased utilization of existing open space and areas either under-used or not used for park purposes.
16.45.1 The City shall seek the co-operation of the Separate School Board in utilizing and further developing the St. Anne school yard for neighbourhood park facilities.
16.45.2 It is the policy of this Plan to retain Rennie Park as a passive recreational open space which can be further developed as a passive area when demand warrants this development.
16.45.3 To ensure that adequate neighbourhood parkland will exist in the presently undeveloped areas of Port Dalhousie preference shall be given, where feasible, to the acceptance of land as opposed to the cash value of land for parks purposes.
16.45.4 In cases of redevelopment, cash may be accepted in lieu of parkland in accordance with the policies contained in Section 8.1 of the Official Plan which are generally as follows:
a) Where the application of the rate of conveyance would render the remaining portion of the development site unsuitable or impractical for residential development or redevelopment;
b) Where the amount of required parkland would be insufficient to accommodate the development of a desirable range of recreation facilities according to the standards prescribed in the Official Plan.
c) Where existing municipal parklands are available in sufficient quantities to accommodate further development or redevelopment in an area;
d) Where more suitable parcels of land are available for municipal park purposes.
16.46 It is a policy of this Plan to increase the amount of active recreational facilities in Port Dalhousie to meet Neighbourhood needs.
16.46.1 An area be set aside, planned and developed in Lakeside Park for playground equipment aimed primarily at satisfying the recreational needs of small children.
16.47 Neighbourhood Parks shall be developed in accordance with the standards set down for Neighbourhood Parks in Section 8.2.2.1 of the Official Plan which outlines in detail the function, size, location and type of facilities required for Neighbourhood Parks.
DISTRICT PARKS
16.48 It is the policy of this Plan that additional land be acquired and added to the existing District Park (Lion's Park) to bring this facility to the minimum size for a district park, as specified in the City's Official Plan.
16.49 The Lion's Park facility shall be developed as a focal point for organized and non- organized sports, athletic activities and casual recreation as set out in Section 8.2.2.2(f) of the Official Plan (Parks Policy Plan).
CITY-WIDE AND REGIONAL OPEN SPACES
16.50 To maximize the amount of public open space along the Lake Ontario Shoreline, it shall be a policy of this Plan to retain Lakeside Park as public open space. Should Lakeside Park be considered surplus to the needs of the Federal Government, the City shall undertake negotiation for its purchase.
16.51 The City shall seek the continued co-operation of private groups such as service clubs, in the provision and development of recreational facilities to meet the needs of the general public.
16.52 This Plan recognizes the recreational potential of Martindale Pond and Richardson's Creek and the existing use thereof by the Rowing Fraternity.
16.52.1 Recognizing that the vacant areas in the Western Residential Area are the last remaining undeveloped parcels of land in the City having shoreline frontage on Martindale Pond, it shall be a policy of this Plan to seek the parkland dedication in areas that would maximize public access to the shoreline of Martindale Pond.
16.52.2 A comprehensive development plan shall be prepared for Martindale Pond and Richardson's Creek. This plan shall establish guidelines for the future use and development of these areas based on the following principles:
a) The preservation of the shoreline and adjacent lands for public recreation;
b) The preservation of and the accommodation for the future needs of the existing use of these waterways by organized rowing;
c) To explore the recreational potential of the Richardson's Creek area, lying to the south of Martindale Road.
16.53 This Plan recognizes the importance of the rowing facilities on Martindale Pond to the City of St. Catharines and the national and international status of the Regattas which are staged thereon. It is a primary policy of Council that their importance and the international recognition which they bring to the City be preserved.
INSTITUTIONS AND COMMUNITY FACILITIES
16.54 Institutional uses shall be regarded as those which, because of their use and location, fulfil a social role in the neighbourhood or are planned to do so. They may include a range of community services and facilities such as, but not limited to, elementary schools, day care facilities, public libraries, public halls and churches and their associated facilities.
16.55 In order to ensure an adequate review of proposed development, institutional uses will only be permitted through an amendment to the Zoning By-law.
16.55.1 Institutional uses which were in existence prior to the passing of this Plan shall be recognized as permitted in the Zoning By-law.
a) In addition, it is the policy of this Plan to recognize the expansion of existing institutional uses beyond their present boundaries provided that in any such expansion special efforts are made to enhance the compatibility of the use with the adjacent residential
uses.
16.55.2 In interpreting what is compatible, uses will be judged according to the following:
a) That an adequate buffering and open space area can be provided to protect the surrounding existing development; and
b) That an adequate amount of off-street parking can be provided to serve the particular use, while retaining sufficient usable yard space to maintain the visual characteristics of a residential area. 16.56 Because of potential traffic and parking problems, new schools, places of worship and major institutions shall be located on arterial roads with lot areas sufficient to provide sufficient off-street parking.
a) Buffering and other screening techniques shall be required where an institutional use abuts a residential area;
b) The compatibility of new institutional development shall be insured through the use of Section 42 of the Planning Act, R.S.O. 1990, c.P.13, as amended.
TRAFFIC, PARKING AND CIRCULATION
16.57 It is the policy of Council to deal with traffic, parking and circulation in the Port Dalhousie area in such a manner as to:
a) Minimize the traffic conflicts which result from the proximity of the residential areas to the Commercial Core;
b) Ensure the privacy and amenity of local residential streets;
c) Maintain a smooth flow of traffic on the major arterial roads connecting Port Dalhousie to other parts of the City;
d) Promote the safe and efficient movement and storage of vehicles; and
e) Encourage a high level of public transit use.
16.58 In order to ensure the provision of a hierarchy of roads that will adequately accommodate the volumes of traffic that are expected and minimize conflicts between local and through traffic, as set out in Section 11 of the Official Plan, this Plan will recognize the classification of roads according to their function.
16.58.1 In accordance with the above policy, Main Street, Lock Street, Martindale Road and Lakeport Road shall be considered as arterial roads within the context of the Plan.
16.59 No other street will be upgraded through improvement or reconstruction to a higher order roadway without an amendment being made to this Plan.
16.60 In order to reduce the amount of traffic on local streets which would preserve the amenity of the residential areas, through traffic should be restricted in new residential development by:
a) Minimizing the number of through streets in the design of neighbourhoods; and
b) Employing curvilinear patterns in the residential street plans, as well as crescent layouts, in order to reduce direct and straight road connections.
16.61 To preserve the traffic carrying ability of Martindale Road and Main Street and to ensure the safety and amenity of adjacent residential areas, reverse frontage lots or other forms of restricted access should be employed for new development along this roadway.
16.62 Based on the number, frequency and costs of accidents, that section of Lakeport Road between Lakeshore Road and Lock Street has been identified as being safety-deficient.
Accordingly, Council shall request the Region to consider implementing road widenings in this section of road to improve the alignment. Road widenings in this section of road shall be sympathetic to a desire to retain an attractive entrance to the community.
16.63 It is a policy of this Plan to investigate traffic improvement options for the Commercial Core area including the institution of a one-way traffic system as indicated in the Appendix of this Plan.
PUBLIC TRANSIT
16.64 The present standards of transit service will be maintained and, where possible, improved.
16.64.1 Council shall continue to encourage the Transit Commission to make transit services more attractive, especially to those commuting to the Central Business District and other major employment areas.
PARKING
16.65 Adequate parking facilities will be required for any new development, redevelopment or expansion within the Commercial Core as set out in the Zoning By-law.
16.65.1 Where Council is satisfied that a development in the Commercial Core would be adversely affected by the parking requirements, consideration shall be given to the provision of required off-street parking within 100m of the subject property.
16.66 Council shall undertake a study of the parking resources and problems in the Port Dalhousie area, and examine its parking policies as they apply to the neighbourhood. Accordingly, the study shall investigate:
a) The acceptance of cash-in-lieu payments by the Municipality in situations where it is difficult for a developer to provide parking and Council is satisfied that the development would be adversely affected by the parking requirements;
b) The possibility of designating the Commercial Core under paragraph 56 of Section 207 of The Municipal Act, R.S.O. 1980 as a "defined area" against which the annual capital and operating costs of a municipal parking lot(s) may be levied;
c) If on-street parking facilities within the Commercial Core should be limited primarily to short-term parking in order to encourage a high turnover;
d) If the municipality should become involved in providing long-term or all day parking facilities on the periphery of the Commercial Core in areas such as Lakeside Park and Lockhart Point;
e) Whether a charge should be made for municipally-owned parking facilities;
f) Whether or not on-street parking should be allowed on roadways having a pavement width of less than 8.5 m; and
g) Examine the parking requirements for the Neighbourhood Convenience Area.
16.67 It shall be the policy of this Plan to require the screening of off-street parking facilities from adjacent residential areas by appropriate landscaping, fencing or other means.
16.68 It is the policy of this Plan to reduce the level of congestion within the Commercial Core Area through the retention of laneways and loading areas which provide access of commercial vehicles to retail stores, as similarly set out in Policy 16.32.1(a).
BICYCLE PATHS AND PEDESTRIAN WALKWAYS
16.69 Council through its Parks and Recreation Department, shall seek the co-operation of the Niagara Peninsula Conservation Authority, the Ministry of Culture and Recreation, the
Welland Canals Preservation Association and any other group or agency which has an interest in implementing the proposed pathway system indicated on Schedule 16-B. The pathway system indicated on Schedule 16-B is diagrammatic only. The exact location of the pathway will be determined as it is implemented.
16.70 It shall be the policy of this Plan to separate motorized vehicular traffic from pedestrian traffic where appropriate.
16.71 Bicycle paths should be developed to connect neighbourhood residential areas with neighbourhood schools and parks, as well as providing opportunities for cyclists and pedestrians to be linked with regional facilities such as Lakeside Park and the Port Dalhousie Harbour.
16.71.1 In new residential developments, regard should be had to the establishment of pedestrian walkways as depicted on Schedule 16-B.
16.71.2 Pedestrian walkways and bicycle paths should, where possible, make use of public rights-of-way.
ENVIRONMENTAL PROTECTION POLICIES
16.72 The Environmental Protection Areas shall be recognized as areas having inherent environmental hazards, such as poor drainage, organic soils, flood susceptibility, erosion, steep slopes or any other physical condition which, through inappropriate use of these areas, could lead to degradation of the environment.
16.73 Uses to be permitted in the Environmental Protection Areas shall be limited to those which will not be appreciably damaged by flood waters, such as agriculture, conservation, horticultural nurseries, forestry, wild life uses, public and private parks, golf courses and other outdoor recreational activities.
a) Environmental areas are those set out on Schedule 16-A of this Plan.
16.74 Existing structures located in the Environmental Protection Area will not be permitted to expand unless the written approval is obtained from the Niagara Peninsula Conservation Authority. New structures will be restricted to those intended for flood or erosion control unless permission can be obtained from the Conservation Authority.
16.75 Where new development is occurring adjacent to an Environmental Protection Area, an adequate dedication shall be required from the top of the bank of the open watercourse to the nearest property line of lands to be developed for the maintenance of open watercourses. Wider margins may be required where the movement of maintenance vehicles would be inhibited by topography or vegetation.
LAKE ONTARIO SHORELINE
16.76 The Environmental Protection Area (EPA) boundary along the Lake Ontario shoreline represents the 100 year erosion limit as set out on Schedule 16-A.
16.76.1 New structures proposed for this area must be sufficiently set back to ensure a normal building lifespan of 100 years.
16.76.2 The minimum setback required where protective work is satisfactorily completed shall be determined by an acceptable engineering analysis.
a) Setbacks shall be determined in consultation with the Ministry of Natural Resources and/or the Conservation Authority.
16.77 In the event that a private owner requests the assistance of the City in protecting private property from erosion, the City may consider protection of private property in return for a right-of-way granting public access to the shoreline. The size of the right-of-way will be determined by the slope of the Lake Ontario bluffs and the extent of protection required.
16.78 It is the policy of Council to maintain and develop lands along the Lake Ontario shoreline in accordance with the general principles set out in Section 8.9.4.3 of the Official Plan which include:
a) Maximizing the amount of public open space along the Lake Ontario shoreline for city-wide recreational use; and
b) Resolving the problems of public accessibility, continuity, shoreline erosion and degradation of the natural environment.
16.79 It is the policy of this Plan to maintain, identify (through signage) and upgrade the existing pedestrian access points and stairways to the Lake Ontario shoreline to acceptable levels.
16.79.1 Schedule 16-B indicates those locations having facilities for pedestrian access to the Lake Ontario shoreline, and where access should be maintained.
PORT DALHOUSIE HARBOUR AREA
16.80 The lands indicated on Schedule 16-A as "Port Dalhousie Harbour Area" are recognized as an important resource to the City of St. Catharines. It is characterized by the existence of both public and private marina facilities and canal related resources from the Second and Third Welland Canals.
16.80.1 The land within the Port Dalhousie Harbour Area was formerly included in the "Environmental Protection Area" designation of the Official Plan and may have inherent environmental hazards. For this reasons development and redevelopment within this designation will require the approval of the Niagara Peninsula Conservation Authority having jurisdiction in the area.
16.81 The uses permitted in the Harbour area shall include those associated with the operation of a Marina, as well as certain commercial activities catering to the needs of the recreational boaters.
16.81.1 It shall be policy of this Plan to prohibit the establishment of industrial uses in the Port Dalhousie Harbour Area unless these industrial facilities are related to the operation of a Marina (e.g., the storage and repair of boats).
a) The property known as Lincoln Fabrics is recognized as an existing use. The general intent is that this use should cease to exist on that property in the long-term and the property should revert to an alternative use. Consideration, however, may be given to the enlargement of the industry on this site, provided it:
i) does not jeopardize the desirable development of the Port Dalhousie Harbour as expressed by the Harbour Development Plan;
ii) can provide a sufficient amount of off-street parking to meet the needs of its employees and that the parking and loading facilities can be located so as not to affect the free flow of traffic on Lakeport Road.
b) Should Lincoln Fabrics discontinue operations at the present location the city may encourage the use of the building or property for a use which is related to the operation of the Harbour or a commercial use which satisfies the parking requirements as set out in Sections 16.65 to 16.68, and does not adversely affect the adjacent Harbour-oriented uses.
16.82 It shall be the policy of Council to develop a harbour development plan that is consistent with the special characteristics of the Port Dalhousie Harbour.
16.82.1 No further municipal monies other than those required for maintenance of the area shall be allocated for the development of the Harbour until a Development Plan is completed.
16.82.2 The Harbour Development Plan shall be drawn up in consideration of the following:
a) That this Plan shall have regard to the input of the Port Dalhousie community, it should be economically feasible and flexible in design and staging;
b) The Port Dalhousie Harbour is one of the few areas along the shoreline which give public access to the water and the Harbour should be developed so as to encourage public access while at the same time protect private rights and special group interest (e.g., the Dalhousie Yacht Club);
c) In keeping with Policy 8.9.4.3 of the Official Plan (Parks Policy Plan), to maximize the amount of public open space along the Lake Ontario shoreline, it shall be a policy of this Plan to retain public access to Michigan Beach.
d) Identification of the maximum potential of the study area for future development, avoiding harm to existing aesthetic features and at the same time attempting to reduce over-crowding and conflicting land and water uses. This will be done by an analysis of the variety and balance of land uses, considering competing demands and scarce resources in order to make optimum use of the Harbour;
e) The rehabilitation and preservation of canal resources located in the Harbour area. Resources such as the wharves and lighthouses are still maintained for use by recreational craft and any future plans for the Harbour will take into account the historical significance of the lighthouses and future public access to them. Areas containing historical resources or which have some other physical or visual character shall be identified as areas for special treatment and their visual quality increased by improvements to the landscaping and lighting;
f) The Development Plan shall complement adjacent land uses and create linkages with other regional open space and recreational facilities;
g) Investigate the possibility of developing the interior of the Harbour for additional dockage in order to meet the need for additional docking facilities. Access to these facilities should be from the east side where land is available for parking and support facilities related to the marina;
h) If the Harbour cannot be expanded in the interior, the feasibility of existing docking facilities outside of the existing Harbour area should be investigated;
i) The rehabilitation of the Harbour piers and continued public access to these piers;
j) The feasability of expanding support services for the angling fishery should be investigated along with the impacts of this expansion on the Port Dalhousie Community (e.g. traffic and parking). This investigation shall include the need for and location of a gas dock and pump-out station;
k) The use of Lockhart point for parking and open space;
l) The provision for a foghorn and navigational lights;
m) The removal of the sand piles on the east side of the Harbour;
n) Investigation of the location of public washrooms; and
o) The possible provision of a boat park at Michigan Beach. This would consist of an enclosed area which would be lit and used for the storage of small boats.
16.83 In addition, the Harbour Development Plan shall:
a) Establish guidelines for the future use, development and redevelopment of the area and presents an action program that can be implemented as funds become available;
b) Optimize the use of the Harbour for public recreational purposes considering both the shorelands and water surface and incorporate these uses into a unified recreational complex to serve the needs of all of the people in the surrounding area; and
c) Integrate this development plan with existing and proposed plans.
16.84 To assist in the implementation of the Development Plan, the City shall negotiate the purchase of Federally-owned lands adjacent to the Harbour as these lands become surplus to the needs of the Federal Government.
16.85 The City shall seek the co-operation and assistance of both public and private groups in the development of the Harbour Development Plan.
a) The following interest groups shall be contacted during the preparation of the Plan:
1) The Dalhousie Yacht Club;
2) The St. Catharines Charter Boat Association;
3) Shipman's Corners Sailing Club;
4) The St. Catharines Rowing Club;
5) The Canadian Henley Rowing Corporation;
6) The Welland Canals Preservation Association;
7) Snug Harbour Marina;
8) The St. Catharines Fish and Game Association; and
9) any other group or individual that may express to Council, in writing, an interest in the development of the Port Dalhousie Harbour.
HERITAGE
16.86 It is the policy of this Plan to recognize those buildings of historical and architectural significance in the Port Dalhousie area and take steps to maintain the character of this area.
16.86.1 The City of St. Catharines with the assistance of the St. Catharines Heritage Committee may identify buildings of architectural and historic significance and may designate, under the provisions of Part IV of the Ontario Heritage Act, R.S.O. 1990 c.O.18, those buildings that are deemed to be worthy of designation.
16.87 The general principles to be considered with respect to the preservation of individual buildings are as follows:
a) A structure, building or site shall be considered for designation and special protective measures if it satisfies one of the following criteria:
1) It is considered to be of architectural merit due to craftsmanship, originality, style, age, or in that it is representative of a particular period;
2) It is associated with past events or distinguished individuals;
3) It has become recognized locally as a landmark worthy of retention;
4) It can be associated with the former way of life in a canal community and is representative of, or depicts the type of environment which existed at that time; and/or
5) It contributes positively to the townscape because of its aesthetic value.
b) Every effort should be made to maintain the present or an alternative use in buildings of architectural or historic significance, if these uses are in conformity
with the uses specified in the By-law and adaptive reuse of vacant buildings wherever possible. These buildings should not be considered as Museum pieces; and
c) Prior to Council considering any building for designation, the Local Architectural Conservation Advisory Committee shall make every attempt to include, by means of notification and consultation, the property owners of the chosen sites.
16.88 It is the policy of this Plan that consideration be given to the development of a Heritage Conservation District Plan, as set out in The Ontario Heritage Act.
16.89 The objectives of the Heritage Conservation Plan will be as follows:
a) Improve the environment by the elimination of congestion, decay, noise and by the retention of positive attributes of the environment such as buildings of architectural significance, pleasing scale or material, public open spaces and landscape features such as trees, walkways, fences, etc.;
b) Maintain the character of the townscape and building groups within the area;
c) Direct growth in a manner compatible with the existing scale and character of the area;
d) Prevent the incursion of elements which would detract from the character of the area and to prevent unsympathetic alterations to buildings that would detract from the area's character;
e) Ensure that attention is given to the details of the design of new buildings so that those buildings are harmonious with the historic character of the district; and
f) Ensure that the renovation and restoration of older buildings within Heritage Conservation Districts carefully preserve the character and interest of the original building.
16.90 The following general principles shall be considered in the development and designation of the Heritage Conservation District, should such a study be undertaken:
a) The Heritage Conservation District designation shall not be considered to be a freeze on development in the designated area. The Heritage Conservation District designation shall be considered to be a statement, made by the municipality, that special effort will be made within the chosen area to conserve and enhance the built character of that area;
b) The features within a designated district which give the area its distinctive character and, as such, contribute to the area's merit as a Heritage Conservation District shall be conserved. These features may include the placement and relationship of buildings; the scale and character of the townscape and building groups; the architectural details of the buildings; the height and density of buildings; vistas, views and streetscape. These features should be identified for Port Dalhousie and included in the Heritage Conservation District Plan.
c) The criteria for identification and evaluation of the potential Heritage Conservation District shall be based on the following characteristics and should contain some or all of them.
1) A majority of the buildings should reflect an aspect of the historic heritage of the Port Dalhousie community by nature of historical location and significance of setting.
2) The majority of the buildings should be of an architectural style or construction, significant historically or architecturally to the community, region or province.
3) The district may contain other important physical, environmental or aesthetic characteristics which in themselves do not constitute sufficient
grounds for the designation of a district, but which lend support for designation.
d) The Heritage Committee shall be consulted on the selection of a Heritage Conservation District for Port Dalhousie.
1) The residential streets such as Dalhousie, Main, Canal, Lock, Gertrude and Simcoe should be investigated thoroughly for information on the older houses, their origins, relationships with the canals, condition and ownership and consideration given to their inclusion in the Heritage Conservation District. Other elements of Old Port Dalhousie which should be considered for inclusion in the Heritage Conservation District are: the commercial core; the industrial buildings (Muir Dry Docks Buildings and Lincoln Fabrics); canal structures and Lakeside Park.
e) Once the Heritage Conservation District has been identified, a Heritage Conservation Study will commence with the passing by Council of a By-law under The Ontario Heritage Act, R.S.O. 1990 c.O.18, Section 40(1). The By-law should clearly identify the area under study and those properties included in the area.
16.91 In order to co-ordinate the development of a Heritage Conservation District Plan - its study, designation and implementation - a Steering Committee shall be established. This group should contain members of the Heritage Committee, municipal staff, the Local Residents' Group (Port Dalhousie Quorum), as well as property owners, tenants or residents of the area under study.
16.92 Notwithstanding that a Heritage Conservation District Plan should be undertaken to help assure the sensitive development of Old Port Dalhousie, the municipality shall support the revitalization of this historically significant area by:
a) Improving public lands and ensuring that public facilities are aesthetically sympathetic to the surrounding environment;
b) Considering the enactment of a sign by-law to ensure that signage, erected in the commercial core of Port Dalhousie, is sympathetic to the area;
c) Investigating available funding sources for the rehabilitation and renovation of heritage structures and informing property owners of these funds; and
d) Encouraging the development of the commercial core for regional (tourism) oriented facilities in order to enhance the economic viability of this historic area.
GLOSSARY OF TERMS
ACTIVE RECREATIONAL FACILITIES - means those types of facilities that allow physical participation by an individual or group i.e., tennis courts, baseball diamonds, tot lots etc.
AESTHETICS - means having a sense of the beautiful, pleasing to an individual.
AMENITY - means pleasant and agreeable with an absence of nuisances and when applied
specifically it means a pleasant and agreeable environment for any particular activity.
APARTMENT BUILDING - means a building containing 3 or more dwelling units accessible from a corridor system connecting with a common entrance from outside the building, where the occupants of such units have the common right to use halls, stairs, elevators, yards and where none of the dwelling units are rented or are available for rent or occupation for a period of less than 30 days.
BUILT FORM - means the assembled external appearance of a clearly defined area, as distinguished from contour or colour or material configuration.
BUSINESS IMPROVEMENT AREA - means an area designated by the Council under Section 220 of the Municipal Act R.S.O. 1990 c.M. 45, as an improvement area and a Board of Management is entrusted to provide for the improvement, beautification and maintenance of municipally-owned lands, buildings and structures in the area, beyond such improvement, beautification and maintenance as is provided at the expense of the municipality at large and the promotion of the area as a business or shopping area, and subject to the limitation of the by-law establishing this area.
BUSINESS OFFICE - means a building or part thereof in which one or more persons is employed in the management, direction or conducting of a public or private agency, a business, a brokerage, or a labour or fraternal organization including, but not so as to limit the generality of the foregoing, an office accessory to a permitted non-residential use, a telegraph office, a bank, the premises of a real estate or insurance agent, a data processing establishment, a newspaper publisher or a radio or television broadcasting station and related studios or theatre, but does not include a retail store or a professional office.
COMPATIBLE - means the capability of land uses to existing together in harmony. A number of diverse elements are involved in compatibility such as physical development standards, pedestrian or vehicular traffic generated, volume of goods handled, environmental effects, personal preference etc.
COMPLEMENTARY - means the addition of new buildings and/or structures to a neighbourhood which helps to complete the neighbourhood. The new buildings and/or structures must be capable of existing in harmony with the existing development.
CONVERTED DWELLING - shall be a single family dwelling erected prior to the passing of this Plan which has a gross floor area of at least 120 sq.m. and is converted so as to provide one additional dwelling unit, provided;
a) That the same is structurally suitable for the proposed conversion; b) That the external appearance and character of the dwelling is preserved; c) That each of the dwelling units in the converted building shall have a minimum net floor area of 50 sq.m. exclusive of public or common halls and stairways and the thickness of outside walls; d) That one parking space shall be provided for each dwelling unit, and such parking shall be provided and maintained on the same lot or parcel of land therewith; and e) That the lot upon which the dwelling is located shall have an area of at least 370 sq.m.
CURVILINEAR PATTERNS - means patterns that follow or move along curved lines and assist in reducing direct and straight road connections.
DEFINED AREA - means an area in the municipality that, in the opinion of the Council, derives special benefit from a parking lot that has been provided by the Council for the area. DEVELOPMENT - means the subdivision and severance of land, the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to building or structure that has the effect of substantially increasing the size or usability thereof or the laying out and establishment of a commercial parking lot. The use of the term shall be taken to include redevelopment in all cases.
DWELLING, DUPLEX - means a building horizontally divided into two separate dwelling units
each of which has an independent entrance.
DWELLING, MULTIPLE ATTACHED - means a building that is divided vertically into more than two dwelling units, each of which has an independent entrance.
DWELLING, SEMI-DETACHED - means a building vertically divided above grade by a common wall into two separate dwelling units, each of which has an independent entrance.
DWELLING, SINGLE DETACHED - means a building accommodating not more than one dwelling unit.
MEDIUM DENSITY RESIDENTIAL UNITS - means residential development comprised of multiple attached housing and/or low rise apartment dwelling built to a density ranging from 40- 100 units per hectare.
PARK, CITY-WIDE - means a park designed for the enjoyment of a diversified population including family groups and community organizations. Opportunities for both active and passive recreation, social and cultural development and the preservation of natural environment areas, historic sites and wildlife habitat are encouraged at this level. The facilities should be readily accessible to the entire community by means of public transit and private automobile.
PARK, DISTRICT - means a park designed primarily for youths and young adults with major emphasis on facilities for organized and non-organized sports. These parks should be within 20 minutes walking distance of the service population and approximately 4.0 ha in size.
PARK, NEIGHBOURHOOD - means a park designed primarily for children's activities with limited opportunities for youths and adults. They should be readily accessible to the majority of the neighbourhood residents within five minutes walking distance and approximately 1.5 ha in size.
PASSIVE RECREATIONAL FACILITIES - means those types of facilities that allow individuals or groups to listen, watch or enjoy quiet relaxation. Physical activity is at a minimum i.e., sitting areas, gardens, nature trails etc.
PERSONAL SERVICE SHOPS - means development used for the provision of personal services to an individual which are related to the care and appearance of the body, or the cleaning and repair of personal effects. This Use Class includes barbershops, hairdressers, beauty salons, tailors, dressmakers, shoe repair shops and dry cleaning establishments and laundromats.
PROFESSIONAL OFFICES - means a building or part thereof in which a legal, medical or other personal professional service is performed or consultation given, including but not so as to limit the generality of the foregoing, a clinic and the offices of a lawyer, an architect, a surveyor, an engineer or a chartered accountant, but does not include a personal service shop, a business office, a veterinarian clinic, an animal hospital or shelter, a body rub parlour or any adult entertainment parlour as defined in Section 225 of the Municipal Act, R.S.O. 1990 c.M. 45.
REDEVELOPMENT - means both the public and private redesign, resubdivision, clearance, rebuilding and reconstruction of any land or area in the City that has been previously developed.
REHABILITATION - means the repair of buildings and structures and the general improvement of property in a way which will promote the amenity and prevent the deterioration of the area concerned.
RESTORATION - means the reconstruction or rehabilitation of an older building in such a way that it resembles an earlier stage in its existence.
REVERSE FRONTAGE LOTS - means a lot having two lot lines which are not adjacent to one another abutting on two streets, one of which is an arterial road. The front lot line shall be the line that abuts the local street.
STREETSCAPE - means the overall physical appearance of a street. The front elevations of the individual building, the street furniture and the landscaping along the street blend together to form the streetscape.
IMPLEMENTATION
In order to implement the policies of this Plan, techniques and procedures must be introduced. Many of the policies of this Plan will be carried out by way of amendments to the Zoning By- law, however, a number of other actions must also be undertaken. This Section sets out such implementation measures including Zoning By-law Amendments, additional studies recommended and other measures that serve to give effect to the Port Dalhousie Secondary Plan.
PROPOSED AMENDMENTS TO ZONING BY-LAWS
16.93 Zoning By-laws which require the use of land and the character, location and use of buildings and structures shall be redrafted as they apply to the Port Dalhousie area to implement City policies for development as contained in the Port Dalhousie Neighbourhood Plan.
16.93.1 Development proposals which are in accordance with the land use designations in the Port Dalhousie Plan will be implemented by means of specific zoning by-laws, site plan approvals and subdivision approvals. In granting such approvals, proper regard will be given to the policies contained in this Plan. Large undeveloped tracts of land such as those located in the Western Residential Area shall be placed in a "Holding" or "Development" zone pending the submission of a development proposal which conforms with the schedules and text to this Plan.
16.94 Consideration shall be given to the consolidation of the By-laws that apply to the Port Dalhousie area.
16.95 The Zoning By-laws as they apply to the Port Dalhousie area may be further amended following an examination of present standards, dealing with such areas as:
a) the setback of buildings;
b) minimum lot frontage;
c) lot area and coverage;
d) minimum dwelling unit area;
e) minimum landscaped area;
f) parking requirements.
16.96 In accordance with Section 16.30 in the Commercial Core area Council shall employ its powers of regulation to ensure that the standards of the Zoning By-law reflect the built form of commercial properties contained therein.
SITE PLAN CONTROL
16.97 Applications for development in the Main Street Mixed Residential and Commercial Core areas shall be subject to review by Council under the provisions of Section 42 of the Planning Act, R.S.O. 1990, c.P.13, as amended and these areas shall be designated by By-law as areas of Site Plan Control.
16.97.1 Notwithstanding the above in the Main Street Mixed Residential area, low density residential developments may be undertaken without the approval of plans and drawings and the requirements set out in Section 42 of the Planning Act, R.S.O. 1990, c.P.13, as amended will not apply.
16.97.2 In the event that approval is given to the expansion of neighbourhood commercial facilities at the intersection of Martindale Road and Main Street, as set out in Section 16.3, Council shall designate by By-law, the subject lands as a Site Plan Control Area.
16.97.3 Upon completion of a harbour development plan for the Port Dalhousie
Harbour, Council may designate the area as a Site Plan Control Area.
BUSINESS IMPROVEMENT AREA DESIGNATION
16.98 The Director of Business Development, in consultation with property owners and businessmen in the Commercial Core be requested to report on the viability of designating this area as a "business improvement area" under Section 220 of The Municipal Act, R.S.O. 1990 c.M. 45.
DESIGN SCHEME
16.99 The Director of Planning, in consultation with the City Engineer shall be requested to meet with the property owners and businessmen in the Commercial Core and report on the feasibility of developing an urban design scheme for the area.
PARKS
16.100 The Director of Parks and Recreation shall be requested to investigate the cost, budget priority and methods to be employed to acquire additional land to be added to the Lion's Park to bring this facility to a minimum size for a district park.
16.101 The Director of Parks and Recreation, in consultation with the Canadian Henley Rowing Corporation and other interested parties or community groups, shall be requested to report on the feasibility of developing a comprehensive development plan for Martindale Pond and Richardson's Creek as set out in Section 16.52.
TRAFFIC AND PARKING
16.102 Council shall request the Regional Municipality of Niagara to report on the implementation of road improvements on Lakeport Road between Lakeshore Road and Lock Street to improve the alignment.
16.103 The City Engineer shall be requested to report on traffic improvement options for the Commercial Core area including the institution of a one-way traffic system.
16.104 The City Engineer shall be requested to report on the undertaking of a parking study in the Port Dalhousie area.
16.105 The City Engineer shall survey the laneways in the Port Dalhousie Commercial Core and report on improvements desirable to improve their functioning for servicing, in accordance with Section 16.29(b).
HARBOUR
16.106 The Director of Parks and Recreation, in consultation with the Director of Planning and the City Engineer shall be requested to report on the manner of undertaking a harbour development plan.
HERITAGE
16.107 The Director of Planning, in consultation with the Heritage Committee, shall be requested to report on the manner of undertaking a Heritage Conservation District Plan pursuant to Part V of the Ontario Heritage Act, R.S.O. 1990 c.O.18.
HOUSING REHABILITATION
16.108 The Director of Planning shall continue to disseminate information related to housing rehabilitation under the Residential Rehabilitation Assistance Program (RRAP), from time to time, in the Port Dalhousie area.
INTERPRETATION
16.109 Unless otherwise specified, deviation from the intent of this document will require an amendment.
16.110 The examples of permissible uses included in this Plan may not be all inclusive but intended only to illustrate the range of activities permitted in each land use category. Detailed and specific uses shall be defined in the restricted area (zoning) by-laws.
16.111 Internal boundaries between the various land use designations, as shown on Schedule 16- A of this Plan are general only and are not intended to define the exact limits of any specific land use, except where they coincide with clearly defined physical features, such as roads, rivers or other bodies of water or flood lines s determined by the Niagara Peninsula Conservation Authority. Minor adjustments to the boundaries will not require amendment to the Plan, as long as the general intent of the Plan is maintained.
16.112 The location of the walkway system depicted on Schedule 16-B is approximate only. Its exact location will be determined as the system is implemented.
SECTION 17 - THE WEST ST. CATHARINES SECONDARY PLAN
LAND USE RELATED POLICIES
To guide the spatial distribution of land uses and activities in the West St. Catharines area, and to further the development of a functional and attractive neighbourhood environment, a general pattern of land use has been determined as shown on Schedule 17-A "Land Use Plan" and this Plan, together with the related policies contained in the text of this Secondary Plan, shall be used to guide development and redevelopment.
17.1 GENERAL POLICIES
17.1.1 West St. Catharines is a largely undeveloped area located along the City's western boundary. It is the policy of this Plan to create within this area a community which provides a wide range of housing types, employment opportunities and community services for both the present and future residents.
17.1.2 In order to take advantage of the transportation network in West St. Catharines, particularly its close proximity to both the Q.E.W. and 406 highways, large tracks of land have been set aside for further industrial activity.
17.2 RESIDENTIAL
The policies of this Plan are presented as general development guidelines for an implementation period likely to exceed 20 years. Over this period, although the basic principles guiding location are expected to remain, the housing types and densities will adjust to reflect housing preferences, market conditions and local environmental considerations of the times.
17.2.1 The West St. Catharines Secondary Plan includes three residential neighbourhoods and each neighbourhood will have a variety of housing densities based upon three basic density types. These will include low density 10 to 24 units per hectare net, medium density 25 to 75 units per hectare net and high 75 to 160 dwellings per hectare net.
The areas shown for various densities are conceptual only and are not meant to indicate exact locations. The designations indicate generally the mix that should be provided on a neighbourhood basis.
For the purposes of this Plan, net density in freehold developments is defined as including the local public road serving the housing units, but not the residential collector road. In group developments, net density includes private residential streets, driveways and parking areas and a portion of the public street which provides direct driveway access to each individual unit.
17.2.2 To provide for a range of affordable housing, a mix of dwelling unit types and lot sizes will be provided within the West St. Catharines area. This mix of type and range of lot size will provide the opportunity for a range of affordable residential accommodation.
17.2.3 Residential densities have been calculated by applying the average gross residential density of 20 units per hectare to all vacant developable land.
17.2.4 Housing types will be located within each neighbourhood in such a manner as to maximize their amenities or potential amenities and to minimize their inherent disadvantages or negative features. This will particularly be the case for apartments and multiple attached housing so as to increase their desirability and viability as alternative forms of accommodation to the single detached house. Policies 17.2.5 to 17.2.8 of the Secondary Plan shall be used to assess applications.
17.2.5 To provide the maximum accessibility for the largest number of people, high and medium density residential uses will be located next to or directly accessible to commercial centres and adjacent to community facilities, such as major parks and open space areas and public transit.
17.2.6 Because high density developments have the least amount of amenities per dwelling unit, apartment sites will maximize views, particularly of the escarpment, ravines, the Twelve Mile Creek, the C.B.D. and other visually aesthetic areas.
17.2.7 High density and medium density developments will be located to or directly accessibility to parks, open spaces or natural environment areas in order to decrease the impact of high density living on the residents of these.
17.2.8 a) To reduce the impact of high rise structures on low and medium density residential areas, care will be taken in the siting of these structures to minimize any overshadowing of the lower density areas. To achieve this, a gradation of apartment building heights or an increased horizontal separation between tall apartment buildings and the low-rise housing units will be provided in the attempt to ensure a complementary arrangement of residential types. In addition, to further reduce the impact of high density development, these facilities should have direct access to arterial and collector roads to avoid placing additional traffic on local residential streets.
The following text replaces Section 17.2.8 b) as O.P.A. #9, approved on September 13, 2000.
b) Single detached dwellings only may be located on lands described on Schedule 17A-2000-182.
17.2.9 To reduce heating, cooling, lighting, landscaping and servicing costs, subdivisions and buildings will be designed in order to take advantage of natural on-site features. The following policies are intended to achieve these savings:
a) Projects will provide where practical and feasible, access to direct sunlight during winter daylight hours for all potential solar oriented glass and other solar collectors.
b) Projects will promote the use of appropriately selected and located landscaping features, including vegetation, berms and fences, that will reduce the energy consumption of buildings. The location of coniferous foliage to block the prevailing winter winds and deciduous foliage to screen the summer sun are examples of the use of landscaping features.
17.2.10 To achieve the Ministry of Municipal Affairs and the Ministry of the Environment's noise level objective in the outdoor recreational areas of residential developments, noise control measures will be a requirement of the subdivision of lands in areas adjacent to the 406.
The following techniques can be used to create these barriers:
a) Construction of a wall or landscaped berm between the residential development and the freeway to deflect the noise. Control may be exercised over these berms in order to ensure that their level of maintenance and appearance from the 406 is consistent.
b) Use of the buildings in the residential development as a noise barrier. In higher density units, this could mean the construction of a blank wall or other forms of noise protection next to the expressway or in medium density units.
c) The placement of private open space on the side of the building away from the freeway.
17.2.11 Residential areas will be designed so as to maximize the use of public transit and to reduce the reliance on the private automobile.
a) High density development will be located in close proximity to collector and arterial roads.
b) Wherever possible, pedestrian walkways linking internal residential streets to arterial roads shall be provided in order to increase accessibility to public transit.
17.2.12 In addition to the provisions of the Official Plan, the lands identified on Schedule "17A-90-31" to Amendment No. 100 shall be used for residential purposes subject to the following policy.
Pursuant to the Provincial Policy entitled Guidelines on Noise and New Residential Adjacent to Freeways, April 1979, the developer shall have a noise study professionally prepared prior to any development. The study shall quantify total noise levels from all sources affecting the site, shall recommend site design measures which would meet the Ministry of the Environment's sound level objectives, and shall be submitted to that Ministry for approval. The relevant site plan shall be based upon the approved recommendations of the study. Further, as a condition of site plan approval, the developer shall have a detailed acoustical study prepared which shall recommend building design and/or outdoor buffering measures. That study shall be submitted to the Ministry of the Environment and to the City. The approved noise control measures as defined in the acoustical study shall be included in the fully executed site plan agreement pursuant to Section 41 of the Planning Act, R.S.O. 1990, c.P.13, as amended or through provisions of another form of agreement which is binding upon the proponent and the City.
17.3 COMMERCIAL
17.3.1 Residents of West St. Catharines shall be afforded both convenient and adequate commercial services. More particularly:
a) Provision has been made for a major commercial use area in the Martindale neighbourhood. The centre in the Martindale neighbourhood should be in the form of a comprehensively designed centre to an approximate size of 4,645 m² (50,000 sq.ft.). This centre should provide goods and services to the local residents primarily.
b) Provision has been made for two major commercial use areas at the intersection of Martindale Road/Louth Street and 4th Avenue and at the intersection of Vansickle Road and Glendale Avenue Extension to offer a wide variety of convenience goods, shopping goods and personal services.
c) Provision is also made to permit commercial uses of a local convenience nature in residential neighbourhoods, sufficient to provide convenience goods and services to the immediate neighbourhood. While no specific areas have been designated for commercial activity of this nature, such uses will be permitted in accordance with the criteria set out in Section 17.3 of this Secondary Plan.
d) Residential uses in combination with commercial and institutional uses may be permitted subject to the following conditions:
In the review of development applications encompassing residential uses, the following matters will be assessed.
- Amenity space will be required exclusively for the residential component and will be functionally separated from the public areas associated with other uses on-site;
- Design and development measures will be required to minimize any possible negative environmental impacts such as noise, odours, litter or dust emanating from the non-residential component which could adversely affect the residential uses;
- Parking and service areas associated with the non- residential component will be physically or functionally separated from such uses associated with the residential component.
17.3.2 Commercial areas will be designed to minimize any conflict with adjacent residential, institutional or recreational areas.
a) Parking areas, loading ramps and docks, outdoor storage areas and other similar facilities will be screened to reduce noise, vibration, glare and odours, as well as, to improve the visual appearance of these facilities.
All commercial activity will have limited and controlled access to arterial roadways as their primary access.
Roof and/or wall mounted air handling equipment (air conditioning, heating and ventilating), will be located remotely from residential uses wherever it is feasible to do so, and acoustical shielding shall be applied to fans and motors.
b) Secondary access from local streets will also be limited.
c) All commercial activity will be required to provide landscaping and beautification to protect adjoining lands through the provisions in by-laws passed under Section 42 of the Planning Act, R.S.O. 1990, c.P.13, as amended.
d) Required walkways and public sidewalks in and around commercial shopping areas will be separated from vehicular traffic, parking areas, laneways and loading docks, wherever possible.
e) All commercial activity will provide sufficient on-site parking directly related to the floor area of the building so that parking does not overflow into adjacent areas.
17.4 INDUSTRIAL
The Secondary Plan designated two areas for industrial uses. These are the Martindale- York Hannover Industrial Area located south of the Q.E.W. along Martindale road, and the Louth Industrial Area located in the centre of the planning area. The areas were deemed necessary in order to meet both the City's current and long term needs for industrial land. It is the intent of the plan in the Martindale-York Hannover area to provide land for both industrial and service uses that benefit from the high profile location along the Q.E.W. near Highway 406. In the Louth Industrial Area the plan intends to provide land for predominantly industrial uses with a limited number of industrial service uses along Fourth Avenue that are ancillary to the industrial park. In
addition to the industrial policies set out in this Secondary Plan, the Martindale- York Hannover Area and the Louth Industrial Area are subject to Mixed Industrial and Light Industrial policies respectively contained in Section 2 of the Official Plan.
17.4.1 The Louth Industrial Park herein designated "Light Industrial Use" on Land Use Schedule 17A will be used for industrial uses. The major uses permitted are industries, warehouses or industrial services whose operations are generally of a manufacturing assembly, repair, storage or wholesaling nature, substantially enclosed in buildings, without the offensive characteristics of heavy industrial uses and more compatible with the amenity of other uses in the City.
17.4.1.1 Notwithstanding Section 17.4.1 of the Official Plan to the contrary, a medical complex may be located on the lands described as First Street Louth and Fourth Avenue as described in By-law No. 90-28.
The following text (Section 17.4.1.2) was added as O.P.A. # 14, approved on December 28, 2001.
17.4.1.2 Notwithstanding Section 17.4.1 of the Official Plan to the contrary, a retail home improvement store shall be permitted to locate on the lands situated at the southwest corner of Vansickle Road and Burbank Drive and described on Schedule 17A-2001-336.
The following text (Section 17.4.1.3) was added as O.P.A. # 30, approved on September 13, 2006.
17.4.1.3 Notwithstanding Section 17.4.1 of the Official Plan to the contrary, retail sales of office supplies, furniture and equipment shall be permitted to locate on the lands situated on the west side of Vansickle Road north of the Canadian National Rail line and as described on Schedule 17A-2006- 186.
17.4.2 Lands near the intersection of Martindale Road and Q.E.W. in the West St. Catharines Community are designated "Mixed Industrial" and will be subject to the requirements of Section 17.4.4 and 17.4.5 of the Secondary Plan.
17.4.3 The development of lands within the Louth Industrial Park shall be fully serviced.
17.4.4 The orderly flow of industrial traffic will be maintained so as to minimize disruption of residential activity and to maximize industrial linkages with other parts of the City and Region. a) Rail-oriented industries should be located along the north side of the CNR mainline.
b) In recognition of the residential and institutional uses abutting Louth Street and Regional Road 81, access from the industrial area to these roadways will be limited.
c) Road allowances of 20m will be provided for streets within the industrial park.
d) In its movement beyond the industrial area, truck traffic will be encouraged to use arterial roads by designating truck routes and restricting weights on residential collectors. e) It is anticipated that a grade separation at First Street and the CN Rail main line will be warranted before the West St. Catharines area is fully developed. Within 120 m of the CN Rail main line on First Street Louth, property access may be restricted and additional
right-of-way width may be required for the possible grade separation.
17.4.5 It is the intent of the plan to provide a variety of lot sizes, generally ranging from .2 ha (.5 ac) to 1.6 ha (4 ac). Notwithstanding this range of lot sizes, larger tracts of land, between 4 ha (10 ac) to 12 ha (30 ac) can be accommodated.
17.4.6 Property design of any development shall be achieved through the establishment of performance criteria in the implementing zoning by-law which shall address the following matters: setbacks, control access, building material, road and parking material and landscaping.
17.4.7 The area shall be developed as an industrial park with a high standard of services including paved roadways with curb and gutter and underground wiring where possible.
17.4.8 Wherever industries abut or face residential, institutional, recreational or other similar areas, buffering or screening will be required in order to minimize noise emanating from plant operations and to improve the visual appearance of these operations from the residential vantage points.
17.4.9 In addition to buffering and landscaping requirements, the development of industrial lands abutting Regional Road 81 will be required to take place in an attractive manner, with provisions made for a buffer strip to be landscaped in accordance with an overall landscape concept, buildings to front on St. Paul Street West, and an internal road network designed in accordance with Section 7.7 of the Official Plan.
The following text was added as new policy by O.P.A. # 35, approved on July 9, 2008.
17.4.10 Prestige Business Park
17.4.10.1 The Louth Industrial District north of the C.N. Rail line has emerged over time not as a traditional industrial District, but rather as a broader based employment and service oriented node supporting a mix of industrial and non industrial land uses.
The establishment of a new community hospital located at the south-west corner of Fourth Avenue and First Street Louth offers an opportunity to refine the future land use function of vacant lands to the west of the hospital site. Evolution from traditional industrial uses to a mixed commercial industrial employment base with limited retail creates a node which is attractive for a wider range of employment opportunities.
In order for a wider range of industrial and commercial employment activities to be accommodated, a prestige business park is to be established by this Plan on lands located to the west of the hospital site, fronting onto the Regional Arterial Fourth Avenue and Third Street Louth.
This prestige business park is strategically located to capture emerging growth of additional medical and medical related uses, prestige industrial development, and business and professional offices in a campus like setting.
17.4.10.2 The Fourth Avenue business park herein designated Prestige Business Park on Land Use Schedule 17A shall permit major uses of light manufacturing and processing operations, warehousing, limited product distribution services or industrial services whose operations are generally of a manufacturing, assembly, repair, storage or wholesaling nature in fully enclosed buildings with no negative land use implications i.e. no vibrations, emissions, noise, odor, outdoor compounds or storage; research and development laboratories, office complexes; and associated limited services uses.
17.4.10.3 To ensure prestige and gateway urban design initiatives are supported and that a cohesive character shall be promoted with adjoining uses, developments demonstrating the holistic vision of the business park shall be encouraged.
a) Developments shall not adversely impact the development potential of adjacent properties;
b) Uses complementary to the hospital including but not limited to medical and medical related use, offices, research and development facilities are encouraged to locate on lands immediately adjacent to the hospital site or with direct frontage on Fourth Avenue while prestige industrial and service uses that require loading bays and docks are encouraged to locate adjacent to the CNR mainline or Third Street frontage.
17.4.10.4 Development of the Prestige Business Park shall acknowledge its location as a gateway location to urban St. Catharines and shall employ quality design standards to ensure a highly developed streetscape appearance embracing gateway initiatives at street and entranceway locations, uninterrupted landscape features along street frontages and the transitioning of land uses across the site to create a campus like setting.
a) Building(s) located at the corner of Fourth Avenue and Third Street are the focal point of the gateway and are to to have the highest architectural quality.
b) Landscaping at the focal point of the gateway shall also be of the highest design standard.
17.4.10.5 Requirements for building setbacks, minimum landscaped areas, buffer strips, privacy screening and other appropriate measures to enhance the “greening” of the employment area and to protect the adjoining hospital area from the effects of employment activity shall be applied in all new development.
a) Buildings shall be located primarily on the edges of properties. Parking lots should be located in the interior of parcels.
b) Design solutions that soften the impact of the large areas of surface parking through building orientation, boulevard landscaping treatments and landscaping islands shall be required.
c) Loading areas, servicing bays, and garbage disposal areas will be screened from view and located so as to
provide visual as well as physical barriers from customer traffic and public streets.
17.4.10.6 Quality landscaping, public spaces and courtyards shall be utilized to enhance the image of development.
17.4.10.7 An attractive and varied Prestige Business Park environment shall be created providing a variety of building sizes and shapes, building heights and architectural interest in individual buildings including high standards of façade design and materials, building terracing rooftop greening etc.
17.4.10.8 Automobile traffic and parking shall be a major design consideration for the Prestige Business Park area.
a) Every effort shall be made to minimize vehicular access points to and from Fourth Avenue and Third Street Louth, to segregate service and customer traffic, and to ensure that patterns of traffic circulation are appropriately designed.
b) Linkages between properties shall be required to provide unity within the business park, and efficient on site traffic circulation.
c) The location and design of access connections to the Prestige Business Park area should be designed along Fourth Avenue and Third Street Louth to maximize uninterrupted landscaping, along street frontage and to minimize traffic conflicts.
d) Adequate on-site traffic control measures and storage for vehicle queues to ensure that on-site traffic congestion does not interfere with the traffic operations on abutting municipal roads.
e) Permanent loading, service and parking areas should be located away from the street front so as not to detract from the campus like setting.
f) Transit facilities shall be incorporated into the design of the traffic circulation system.
17.4.10.9 The design of the internal traffic network encompassing automobiles, public transit, pedestrians, and bicycles shall include linkages between properties, traffic calming and aesthetic features such as landscaped centre medians, well- marked pedestrian crosswalks and alternative pavement treatments at strategic locations to control speed, traffic volumes, and to provide focal points within the Business Park through public realm initiatives such as parkettes, courtyards etc.
a) An adequate landscape strip shall be provided along the western edge of Francis Creek tributary which may include amenity areas and walkways.
b) A pedestrian circulation system shall provide linkages between the properties and between buildings.
c) With opportunities for medical and medical related uses being located on lands adjacent to the new hospital,
consideration be given to providing a linkage over the Francis Creek tributary in order to capitalize upon the adjacencies of the lands.
d) Quality landscaping, public spaces and courtyards shall be utilized to enhance the image of business park.
17.4.10.10 Noise and vibration studies together with appropriate mitigating measures shall be required for all sensitive development such as office complexes, medical and medical related uses. In addition, appropriate safety measures such as setbacks, berms, and safety fencing shall be required.
17.4.10.11 The development of lands within the Prestige Business Park shall be fully serviced.
17.5 INSTITUTIONAL
17.5.1 New institutions can be located throughout West St. Catharines except in industrially designated areas and should be located to maximize their effectiveness and efficiency in providing public services.
a) Locational factors such as transit routings, accessibility by arterial roads, type of adjacent land use, proximity to population to be served etc., will be considered in determining site locations for particular institutions.
17.5.2 Potential school sites are shown on Schedule 17A. These future facilities are to be located within the general area of the designation and will be guided by the following principles:
a) Elementary schools should, where possible, be located on low volume roadways.
b) School sites should be accessible to the network of walkways and linear parks.
17.5.3 Locating active neighbourhood park facilities near elementary schools represents a fundamental component in the neighbourhood structure. Elementary school sites designated on Land Use Schedule 17A are intended to reflect the general locations of prospective school facilities. Where both public and separate elementary schools are required, every effort will be made to locate these where a sharing of facilities may be achieved.
17.5.4 Major institutions shall be located in accordance with the major institutional use policies of the Official Plan. In addition, institutions of a more minor nature, but which attract large amounts of traffic, such as YMCA's and churches, should be located on arterial and collector streets with lot areas sufficient to provide adequate off-street parking.
17.5.5 To ensure the continuing viability of new or existing institutional activity and their particular locations within the district, the following improvements shall be undertaken whenever possible and required.
a) Accessibility may be improved by the creation of exclusive turning lanes and signalized intersections, as well as the provision of facilities for the safe movement of pedestrians.
b) Transit routings and stops may be designed to meet the needs of these institutions.
c) Buffering and other screening techniques shall be required for
increasing the compatibility of new uses locating adjacent to institutional uses.
17.5.6 All new institutional uses excluding schools, shall require a site specific by-law amendment. Policies 17.5.1 to 17.5.5 of the Secondary Plan shall be used to assess these applications.
17.6 PARKS/OPEN SPACES/RECREATION
17.6.1 Unless otherwise stated in this plan, those lands placed in the Environmental Protection Area designation will be subject to the policies in Section 5 of the Official Plan.
17.6.2 Areas not suitable for development which have unique physical or environmental features, shall be retained in their natural state wherever possible.
a) The banks and floodplain of the Twelve Mile Creek, Francis Creek and Grapeview Creek, along with any other environmental "Hazard Lands", should be retained as open space areas.
17.6.3 An integrated park system shall be striven for, such that each park is easily accessible to other parklands.
a) Parks may be connected, by the Ontario Hydro corridor, the Twelve Mile Creek valley, the valleys of Richardson's Creek's tributaries and any other greenways or walkways, subject to necessary approvals.
b) Linear parks or walkways should be designed in keeping with other policies of this Plan including the design of storm water runoff and any storm water detention basins that may be required. These facilities could be effectively located in public park areas and other open spaces suitably designed and landscaped for both storm water and recreational purposes.
c) Trails may be developed to link residential areas with commercial areas, institutional areas, including the Louth industrial areas, in order to provide possible alternative forms of transportation for the residents of each neighbourhood.
17.6.4 Neighbourhood parks should be readily accessible to residential areas.
a) In most cases, neighbourhood parks should be located adjacent to local elementary schools. This allows for both the dual use of the local open space and provides a larger more flexible facility.
17.6.5 The establishment of parks throughout the Secondary Planning area will be based on an appropriate balance of active and passive parklands.
a) The standards set out in Section 8.2.2 of the City's Official Plan will be used to guide the establishment of neighbourhood parkland.
b) Notwithstanding the aforementioned standards for parkland, one of the parks established in the Martindale neighbourhood will be made proportionately larger to compensate for the distance to the existing district park (West Park).
17.6.6 Every effort will be made to attain a full complement of parks according to the standards in the City's Official Plan.
a) Parkland dedication shall be taken in accordance with Policies 8.6 and 8.7 of the City's Official Plan.
b) Land to be accepted as park dedication shall meet the criteria set out in Policy 8.8 of the Official Plan and land which is encumbered by easements to Ontario Hydro will not necessarily be accepted by the City as part of the dedication for parks purposes.
17.6.7 To promote the concept of the Garden City, trees should be retained where possible throughout the West St. Catharines Area and a program of tree planting and preservation and landscaping will be required in new developments so that all areas are provided with trees and other vegetation to maintain a high standard of amenity and appearance.
17.7 TRANSPORTATION
17.7.1 The arterial and collector road system required to serve the West St. Catharines Area is shown on Schedule 17A. However, the final alignments of some of the roads may be varied depending on the development proposals that are submitted.
The proposed roadway shown on Schedule 17A of the Secondary Plan and indicated as the Glendale Avenue Extension is intended to be constructed in approximately the alignment shown and is to be extended from Pelham Road to First Street Louth.
17.7.2 The smooth flow of traffic will be ensured along the major east- west and north- south arterial roads which connect the neighbourhoods to the C.B.D. and other parts of the City, or to major controlled access highways, by way of:
a) minimizing the number of ingress-egress points along the major arterials which could otherwise lessen the capacity of the roadway;
b) controlling the number and location of streets which intersect the arterials;
c) improving key intersections with the addition of exclusive turning lanes on the arterial.
17.7.3 The movement of through traffic will be restricted in residential areas by minimizing the number of through streets in the design of new subdivisions.
17.7.4 The use of public transit facilities will be encouraged.
a) The present standards of transit service in terms of frequency and accessibility to user will be maintained and, where possible, improved.
b) Transit routes will be planned to intercept potential users in as many higher density residential areas as is possible.
17.8 MUNICIPAL INFRASTRUCTURE
17.8.1 The provision of sewers, water, roads and other municipal services will be achieved with minimum costs to the City.
a) Impost charges shall be assigned to all new industrial and residential subdivisions, land consents and other forms of development in accordance with current municipal policy.
17.8.2 The West St. Catharines area shall be developed with a high standard of services including sidewalks, paved roadways with curb and gutter, and underground wiring where possible.
17.9 IMPLEMENTATION
17.9.1 The land use proposals contained in this Secondary Plan, as well as those aspects
of the Plan which control development, shall be implemented through the combined actions of public and private interests associated with development (or redevelopment) in the West St. Catharines Area. Co-operation of all local boards and commissions, municipal departments and private enterprise, is essential for the detailed implementation of the Plan.
a) Development or redevelopment proposals will be required to be in conformity with the policies contained in the Secondary Plan and with the Land Use Designations indicated on Schedule 17A.
b) If the realization of any part of the Secondary Plan would be jeopardized by a development proposal, that development will not be permitted.
c) The land uses shown on Schedule 17A to this Secondary Plan shall be progressively implemented through a development approach to zoning based on the approved Secondary Plan.
i) Where existing zoning permits development which would jeopardize the future land use as designated by this Plan, that zoning is to be amended to prohibit such development.
Transitional or interim zoning shall be established on such lands until development is imminent.
ii) Where development or redevelopment of the land in accordance with the land use designated by this plan is imminent and is the subject of an application, the specific zoning of the lands will be considered on the basis of the Secondary Plan and corresponding Development Plan.
The following text was added as O.P.A. # 35, approved on July 9, 2008.
17.19.2 Site plan approval will be required for all Prestige Business Park lands and shall be diligently applied to achieve a high quality development and design standard, landscaping buffering and compatibility with adjacent properties and uses.
17.19.3 Within the Prestige Business Park, prior to development, prestige quality performance criteria shall be established in urban design guidelines, as well as in the implementing zoning by-law, to ensure streetscaping and gateway initiatives, and to maintain the high amenity value intended for the Prestige Business Park. Such criteria shall include the urban design principles of Section 7 of this Plan as well as special requirements for landscaping, buffering, loading facilities, external building design and materials, sign control, prohibition of outside storage, lighting, streetscapes and building setbacks.
17.10 INTERPRETATION
This Secondary Plan sets out by means of text and maps the policies for orderly growth and development in the West St. Catharines District.
The Land Use Plan forming Schedule 17A to this document establishes a general development pattern for the district. The boundaries of land use designations are flexible and subject to minor variations without amendment to this Plan. These designations should be interpreted in light of related policies and statements of intent contained in the Land Use Sections.
The Boundary of the Secondary Plan, as it relates to the western boundary of the Planning Area, is not flexible. Where this boundary follows an existing right-of-way, it shall be interpreted as being the interior boundary of that right-of-way and not the centre.
The following Section “Hartzel Road-Merritton Area Secondary Plan” was added as O.P.A. # 22 approved on December 16, 2004.
SECTION 18 - THE HARTZEL ROAD - MERRITTON AREA SECONDARY PLAN
18.1 PURPOSE
The purpose of this secondary plan is to provide a policy framework to direct, manage and stimulate appropriate development and redevelopment within the Hartzel Road - Merritton Area as delineated on Schedule 18-A attached hereto and forming part of this document. The planning areas are:
a) Thorncliff Residential Community
b) Hartzel Mixed Use Corridor
c) Ferndale Residential Community
d) Mountain Locks Park North
e) West Merritton Residential Community
f) Merritton Mixed Use Corridor
g) East Merritton Residential Community
h) Maplecrest Residential Community
i) Oakdale Residential Community
The following text was added as O.P.A. # 24 approved on April 12, 2005.
j) Ball Avenue West Residential Community
The following text was added as O.P.A. # 39 approved on July 27, 2009.
k) Oakdale North Residential Community
l) Moffatt Residential Community
m) Westchester Residential Community
18.2 GOAL AND OBJECTIVES
18.2.1 It is the goal of this secondary plan that the Hartzel Road-Merritton Area will be an active corridor of mixed land uses and strong residential areas. The efficient redevelopment of vacant and underutilized commercial and industrial lands will open up these lands for new mixed residential and commercial lands uses. *Similarly, the efficient redevelopment of vacant and underutilized residential lands will accommodate new residential uses.* The unique character of Merritton and the proximity of the first and second Welland Canals will create a unique character that will provide amenity to local residents while attracting residents from across St. Catharines to shop, dine and recreate in the Hartzel Road-Merritton Area.
* The bolded text above was added as O.P.A. # 39, approved on July 27, 2009.*
18.2.2 The following objectives are established in support of this goal:
a) To increase the resident population within the secondary plan area;
b) To improve the appearance, utility and longevity of the existing building stock within the secondary plan area;
c) To improve pedestrian and vehicle connections with the rest of the City;
d) To improve the aesthetics of key streets and open spaces within the secondary plan area;
e) To improve the connection to and amenity of the Old Welland Canal; and
f) The protection and enhancement of the character of historic Merritton.
18.2.3 Within the planning areas as delineated on Schedule 18-A of this secondary plan specific objectives are established.
18.2.3.1 Hartzel Road Mixed Use Corridor and Merritton Mixed Use Corridors will be mixed commercial residential areas. The primarily local serving commercial uses within the corridors will serve the residential population and shall be pedestrian oriented. New developments will maintain and enhance the unique character of Merriton.
The following section deleted text added as O.P.A. # 24 approved on April 12, 2005 and was replaced by the following text as O.P.A. 39 approved on July 27, 2009.
18.2.3.2 Thorncliff Residential Community, Ferndale Residential Community, West Merritton Residential Community, East Merritton Residential Community, Maplecrest Residential Community, Ball Avenue West Community, Oakdale Residential Community, Oakdale North Residential Community, Moffatt Residential Community and Westchester Residential Community shall generally be low profile residential areas where residential intensification will occur through development of vacant and underutilized lands and through the introduction of additional dwelling units within existing buildings. The north end of Oakdale Avenue, north of Marren Street shall be considered for high density residential development. The zoning by-law shall establish criteria for the redevelopment of vacant and underutilized lands and for the creation of additional dwelling units within existing buildings.
18.2.3.3 Mountain Locks Park North shall provide a north-south open space corridor connecting Mountain Locks Park and Canal Valley Park and enhancing the City’s trail system.
18.3 LAND USE RELATED POLICIES
18.3.1 To direct and manage the spatial distribution of land uses and activities in Hartzel Road-Merritton Area, and to further the redevelopment of a functional and attractive neighbourhood environment. A general pattern of land use has been determined as shown on Schedule 18-B attached hereto and forming part of this document. Schedule 18-B, together with the related policies contained herein, shall be used to direct and manage redevelopment.
18.3.2 The following designations are included on Schedule 18-B:
a) Mixed Commercial Residential;
b) Low-Medium Density Residential;
c) High Density Residential;
d) Major Open Space;
e) Environmental Protection Area.
18.3.3 The height of buildings and structures within Hartzel Road-Merritton Area shall generally be a low building profile in the established Low Density Residential areas. Higher building profiles shall be encouraged within Mixed Commercial Residential and specific sites targeted for High Density Residential in this plan and identified specifically in the zoning by-law.
18.3.4 Mixed Commercial Residential Area
18.3.4.1 Uses permitted either in the same building or in adjacent buildings on the same property in the Mixed Commercial Residential designation are specifically identified in the zoning by-law and generally include:
a) retail, personal service and restaurant uses;
b) business and professional offices;
c) and residential uses.
18.3.4.2 The following guidelines shall be considered when evaluating the design of a proposed development within the Mixed Commercial Residential designation:
a) the mass and scale of the buildings, and the extent to which their orientation, form and siting help to achieve a compact urban form;
b) the building be located toward the street front;
c) permanent loading, service and parking areas should be located away from the street front so as not to significantly interrupt the pedestrian circulation or traffic flow on the public right-of-way or within the mixed commercial residential area;
d) properties will generally be encouraged to provide linkages between lots through common rear yard parking areas;
e) safe and convenient pedestrian access between buildings and public transit stops, parking areas and other buildings and facilities should be provided;
f) the public right-of-way should be designed to foster a unique area identity and to provide for vehicle use, efficient public transit as well as pedestrian and cyclist travel; and
g) integration of the development with the surrounding uses to contribute to the unique character of the area.
18.3.4.3 All development or redevelopment greater than three storeys shall be encouraged to setback storeys above the third floor away from the road frontage to provide sunlight and enhance the pedestrian scale of Hartzel Road, Merritt Street and Glendale Avenue.
18.3.4.4 All development within the mixed commercial residential designation shall be subject to site plan control except residential buildings with less than five (5) dwelling units.
18.3.4.5 Council may establish off-street parking standards within the Mixed Commercial Residential designation to reflect public transit supportive designs, shared parking arrangements or developments that foster improved live-work relationships.
18.3.5 Residential Area
18.3.5.1 Low-medium Density Residential shall be low profile residential development to maximum density of 74 units per hectare (30 units per acre) and shall be incorporated into existing neighbourhoods.
18.3.5.2 High Density Residential shall be minimum density of 75 units per hectare (30 units per acre).
18.3.5.3 Uses permitted in the Low-Medium Density Residential and the High Density Residential designation include all forms of residential development permitted in the residential policies of the Official Plan.
18.3.5.4 Residential development in the Low-Medium Density Residential and the High Density Residential designation shall be required to provide:
a) appropriate massing and height transitions with adjacent uses;
b) adequate parking in keeping with the provisions of the implementing zoning by-law; and
c) appropriate landscaping to integrate development with adjacent land uses.
18.3.5.5 Council may establish off-street parking standards within the Low- Medium Density Residential and the High Density Residential to encourage intensification, and reflect public transit supportive designs.
The following section was added as O.P.A. # 24 approved on April 12, 2005.
18.3.5.6 New residential development in the Ball Avenue West Residential Community shall be permitted only when full urban services are available. Renovations, additions, and upgrades to existing residential dwellings shall be permitted subject to the approval by the municipality that existing services are considered adequate to accommodate the renovation, addition or upgrade.
The following sections were added as O.P.A. # 39 approved on July 27, 2009.
18.3.5.7 That the form of residential development shall be broadened
from a predominance of single detached dwellings to include other dwelling units types such as townhouses and multi unit dwellings.
18.3.5.8 Proponents shall be required to assess noise and vibration impacts and mitigation measures for proposed residential development and/or residential re-development in proximity to noise and vibrations sources such as Highway 406 and the CN Rail Line, that satisfies the City of St. Catharines and the Regional Municipality of Niagara.
18.3.6 Major Open Space and Environmental Protection Area
18.3.6.1 Major Open Spaces provide relief from the built environment, help maintain ecosystems, and are settings for recreation, cultural and historical facilities or activities.
18.3.6.2 Environmental Protection Areas require protection from development as they may include hazard lands such as flood plains and lands with relatively steep slopes and/or have delicate ecosystems, and support plant and animal life, or have particular significant ecological functions.
18.3.6.3 Uses permitted in the Major Open Space and Environmental Protection Area designations include all those permitted in the Major Open Space and Environmental Protection Area designations in the Official Plan
18.3.6.4 An integrated park system shall be achieved, such that each park is within easy walking distance to other parklands. In this regard, Council will provide for the improvement of buffers and recreational amenities and to provide trail facilities in the valley of first and second Welland Canals, where and as appropriate.
18.3.6.5 Every effort will be made to attain a full complement of parks within Hartzel Road-Merritton Area in accordance with the policies contained within Section 8 of the City’s Official Plan.
18.3.7 Urban Design
18.3.7.1 To promote the concept of the Garden City, trees should be retained where possible through the Hartzel Road-Merritton area and a program of tree planting and preservation and landscaping will be required in redevelopments so that all areas are provided with trees and other vegetation to maintain a high standard of amenity and appearance.
18.3.7.2 Portions of Hartzel Road, Oakdale Avenue, Merritt Street and Glendale Avenue are identified as streets with enhanced streetscaping on Schedule 18-C attached hereto and forming part of this document. Council will provide for the enhancement of these streets by:
a) promoting a diverse mixture of commercial, residential and other appropriate land uses;
b) enhancing the public right-of-way with appropriate and consistent soft and hard landscaping elements, such as special lighting, trees, street furniture and public art;
c) protecting and enhancing significant views along the public rights-of-way;
d) protecting and enhancing heritage resources;
e) encouraging outdoor amenities such as restaurant patios;
f) encouraging the provision of building and streetscaping elements which provide shelter from inclement weather; and
g) improving the pedestrian environment along the street through development and streetscaping guidelines;
h) encouraging linkages between parking areas/lots through common rear yard parking areas;
i) encouraging landscape islands within large parking lots to visually break up and define the parking areas.
18.3.7.3 Specific areas within Hartzel Road-Merritton Area are identified as civic nodes on Schedule 18-C. Council will provide for the enhancement of these nodes by encouraging landscaping, public art and other decorative devices in keeping with the intent of this plan to enhance the node as a distinctive and memorable feature of the neighbourhood.
18.3.7.4 Specific parks, open spaces and streets within Hartzel Road- Merritton Area are identified for trails on Schedule 18-C. Council will provide for the development of these facilities by:
a) providing for the implementation and maintenance of trail facilities; and
b) ensuring that the design of the trails complement and connect with the City’s parks, recreation and open space infrastructure, key destination and public transit stations where feasible.
The following sections were added as O.P.A. # 39 approved on July 27, 2009.
c) The valley lands portion of open space within the Oakdale North Residential Community and Moffatt Residential Community and Westchester Residential Community shall be improved. Such improvements will include new access points along Oakdale Avenue, and improved signage highlighting historic features of the valley lands. d) Linkages and access from the Westchester Residential Community to Centennial Gardens Park shall be improved. e) The former Welland Canal valley lands will be improved through enhancement of the trail facilities. Elements such as lighting, benches, and other trail amenity to improve the overall attractiveness of the open space are encouraged.
The following section is amended by deleting the first sentence and replacing it with the following text as O.P.A. # 39 approved on July 27, 2009.
18.3.7.5 Specific streets within the secondary plan area are identified on Schedule 18-C as locations for major road improvements including land configuration, new public streets and extensions of existing public streets. The confirmation of the need for and
the configuration of such improvements shall be through additional technical studies, such as a city-wide transportation master plan and/or detailed traffic study, as appropriate.
18.3.7.6 Bicycle lanes shall be included in road improvements to provide for an integrated bicycle lane system.
18.3.7.7 Council will encourage long term parking areas associated with large buildings and structures to be incorporated within new development either above or below grade, so as to minimize the amount of surface parking within Hartzel Road and Merritt Street.
18.3.7.8 Council will encourage the partial screening of surface parking lots through the use of low ornamental fences or walls, landscaped berms and other similar devices and through the location of such lots away from the street frontage.
The following sections were added as O.P.A. # 39, approved on July 27, 2009.
18.3.7.9 Heights of buildings along Oakdale Avenue will gradually increase towards Westchester Residential Community. The buildings south of Marren Street generally shall be between 1 to 3 storeys while new buildings north of Marren Street shall be permitted above 3 storeys.
18.3.7.10 Heights of new buildings shall be in keeping with the existing built form, scale and residential character of the area.
18.3.7.11 Urban design guidelines shall be developed for the residential communities of Oakdale Moffatt to provide a model for development that will maintain and enhance the character of the area.
18.4 IMPLEMENTATION
18.4.1 The land use policies contained in this Secondary Plan, as well as those aspects of the Plan which control redevelopment, shall be implemented through the combined actions of public and private interests associated with redevelopment in the Hartzel Road-Merritton Area, including the adoption of a community improvement plan. Co-operation of all local boards and commissions, municipal departments and private enterprise, is essential for the detailed implementation of this Plan.
18.4.2 Upon approval of this Plan, the zoning by-law applicable to Hartzel Road- Merritton Area shall be revised to reflect the intent of the Plan as defined by the land use concept and policy statements.
18.4.3 Council shall require all land that is known or suspected of containing contaminated soils requiring a zoning by-law amendment to comply with the land use as designated in this secondary plan to be subject to a holding provision in accordance to the policies of the Official Plan.
18.4.4 Prior to enacting a by-law to remove the holding provision in accordance with the Planning Act, Council shall require a Record of Site Condition or other acceptable documentation that the site has been investigated and found to be free from contamination as specified by the appropriate Provincial and/or Federal legislation and guidelines.
18.4.5 The City may acquire land from time to time, in order to implement any feature of this Plan, as permitted by Section 25 of the Planning Act, R.S.O. 1990, c.P.13, as amended.
18.4.6 All public works and improvements in the Hartzel Road-Merritton Area shall be undertaken in conformity with this Plan.
18.4.7 The land uses shown on Schedule 18-B to this secondary plan shall be progressively implemented through a development approach to zoning.
18.4.8 Where development or redevelopment of the land in accordance with the land use designated by this Plan is imminent and is the subject of an application, the specific zoning of the lands will be considered on the basis of this secondary plan and corresponding development plan.
18.5 INTERPRETATION
18.5.1 This secondary plan sets out by means of text and maps the policies for orderly growth and development in Hartzel Road-Merritton Area.
18.5.2 The land use plan, forming Schedule 18-B to this document, establishes a general development pattern for the district. The boundaries of land use designations are flexible and subject to minor variations without amendment to this Plan. These designations should be interpreted in light of related policies and statements of intent contained in the policy sections. The purpose of this secondary plan is to provide a policy framework to direct, manage and stimulate appropriate development and redevelopment within the Hartzel Road-Merritton Area as delineated on Schedule 18-A.
The following Section “The Queenston Area Secondary Plan” was added as O.P.A. # 27 approved on September 7, 2005.
SECTION 19 - THE QUEENSTON AREA SECONDARY PLAN
19.1 PURPOSE
The purpose of this secondary plan is to provide a policy framework to direct, manage and stimulate appropriate development and redevelopment within the Queenston Area as delineated on Schedule 19-A attached hereto and forming part of this document. The planning areas are:
a) Gale Residential Community
b) Junction Mixed Use Corridor
c) Queenston Mixed Use Corridor
d) Connaught Residential Community
e) Welland Mixed Use Corridor
f) Yale Industrial Community
g) Plymouth Residential Community
h) Clayburn Residential Community
19.2 GOALS AND OBJECTIVES
19.2.1 It is the goal of this secondary plan that the Queenston Area will be a vibrant neighbourhood, with active mixed use areas and strong residential and industrial areas. The efficient redevelopment of vacant and underutilized commercial and industrial lands will infuse the neighbourhoods with new residents, employees and shoppers. Local strengths and amenities, such as the BME Church and Centennial Gardens, will be built upon and enhanced to capitalize on these unique assets.
Revitalized trails, streets and public spaces will connect the Queenston Area to the rest of the City in a functional and attractive manner.
19.2.2 The following objectives are established in support of this goal:
a) To increase the resident population within the secondary plan area by adding new dwelling units.
b) To improve the appearance, utility and longevity of the existing building stock within the secondary plan area.
c) To improve pedestrian and vehicle connections with the rest of the City.
d) To improve the aesthetics of key streets and open spaces within the secondary plan area.
e) To increase the number of employees within the secondary plan area, by supporting existing and new industrial and commercial activities.
19.2.3 Within the planning areas as delineated on Schedule 19-A of this secondary plan specific objectives are established.
19.2.4 Gale Residential Community shall be composed primarily of parks open space and residential uses and will function as a transition area between the downtown and the greater Queenston Area. Building profiles east of Frank Street will be low profile developments in keeping with the small scale residential character of the adjacent areas. Building profiles west of Frank Street will generally be higher in keeping with the building profiles adjacent Downtown area. Centennial Gardens Park will be an inviting and safe open space with extensive landscaping along Gale Crescent to improve the profile of the park.
19.2.5 Junction Mixed Use Corridor with its large scale lot pattern will provide opportunities for large scale mixed developments for businesses and residents. The areas will function as a transition from the downtown with developments with higher building profiles permitted. Developments will be pedestrian oriented with building facades forming a continuous line along the street front when possible. Surface parking lots adjacent to the street front will be discouraged.
19.2.6 Queenston Mixed Use Corridor and Welland Mixed Use Corridor shall be mixed commercial and residential areas. The primarily local servicing commercial uses within the corridors will serve the residential population within the areas and adjacent areas and shall be pedestrian oriented.
19.2.7 Connaught Residential Community will be primarily low profile residential areas where residential intensification shall occur through development of vacant and underutilized land and the introduction of the additional dwelling units within existing buildings. The zoning by-law shall establish the criteria for the creation of additional dwelling units within the existing buildings. Improved open space and trail facilities will be developed along rail lines which will buffer the residential uses from the industrial uses to the north.
19.2.8 Yale Industrial Community shall be an employment centre for the City, with predominantly industrial uses. Commercial uses shall be permitted along Welland Avenue east of Vine Street South.
19.2.9 Plymouth Residential Community shall continue to be a stable residential community with infilling and intensification within existing buildings. The zoning by-law shall establish the criteria for the creation of additional dwelling units within existing buildings.
19.2.10 Clayburn Residential Community will continue to be a stable residential neighbourhood with intensification occurring through infilling. The industrial lands will be targeted through the zoning by-law as a key redevelopment area supporting all types of residential uses. The commercial corridor along Queenston Street and Eastchester Avenue will support a mix of commercial and residential uses.
19.3 LAND USE RELATED POLICIES
19.3.1 To direct and manage the spatial distribution of land uses and activities in Queenston Area, and to further the redevelopment of a functional and attractive neighbourhood environment, a general pattern of land use has been determined as shown on Schedule 19-B. Schedule 19-B, together with the related policies contained herein, shall be used to direct and manage redevelopment.
19.3.2 The following designations are included on Schedule 19-B:
a) Mixed Commercial Residential
b) Low Medium Density Residential
c) Mixed Industrial Commercial
d) Industrial
e) Institutional
f) Major Open Space
g) Environmental Protection Area; and
h) Special Study Area
19.3.3 The height of buildings and structures within Queenston Area shall generally be a low building profile in the established Low Medium Density Residential areas. Higher building profiles shall be encouraged within Mixed Commercial Residential, Mixed Industrial Commercial, and Institutional areas in this plan.
19.3.4 All development or redevelopment greater than three storeys shall be encouraged to setback storeys above the third floor away from the road frontage to provide sunlight and enhance the pedestrian scale of the Queenston Area.
19.3.5 Mixed Commercial Residential
19.3.5.1 Uses permitted either in the same building or in adjacent buildings on the same property in the Mixed Commercial Residential designation are specifically identified in the zoning by-law and generally include:
a) retail, personal service and restaurant uses; b) business and professional offices; c) minor institutional; and d) residential uses.
19.3.5.2 The following guidelines shall be considered when evaluating the design of a proposed development within the Mixed Commercial Residential designation:
a) the mass and scale of the buildings, and the extent to which their orientation, form and siting help to achieve a compact urban form; b) the building be located toward the street front; c) permanent loading, service and parking areas should be located away from the street front so as not to significantly interrupt the pedestrian circulation or traffic flow on the public right-of-way or within the mixed commercial residential area; d) properties will generally be encouraged to provide linkages between lots through common rear yard parking areas; e) safe and convenient pedestrian access between buildings and public transit stops, parking areas and other buildings and facilities should be provided; f) the public right-of-way should be designed to foster a unique area identity and to provide for vehicle use, efficient public transit as well as pedestrian and cyclist travel; g) appropriate signage should be incorporated into the design of the site, using wall mounted signs wherever possible; and h) integration of the development with the surrounding uses to contribute to the unique character of the area.
19.3.5.3 All development within the Mixed Commercial Residential designation shall be subject to site plan control except residential buildings with less than five (5) dwelling units.
19.3.5.4 Council may establish off-street parking standards within the Mixed Commercial Residential designation to reflect public transit supportive designs, shared parking arrangements or developments that foster improved live-work relationships.
19.3.6 Low-Medium Density Residential
19.3.6.1 Low-Medium Density Residential shall be residential development to maximum density of 74 units per hectare (30 units per acre) and shall be incorporated into existing neighbourhoods.
19.3.6.2 Uses permitted in the Low-Medium Density Residential designation include all forms of residential development permitted in the residential policies of the Official Plan.
19.3.6.3 Residential development in the Low-Medium Density Residential designation shall be required to provide:
a) appropriate massing and height transitions with adjacent uses; b) adequate parking in keeping with the provisions of the implementing zoning by-law; and c) appropriate landscaping to integrate development with adjacent land uses.
19.3.6.4 The height of buildings and structures within Low-Medium Density Residential areas shall generally be a low building profile. The zoning by-law shall establish the criteria for establishing building heights.
19.3.6.5 The following shall be considered when evaluating proposed development with higher building profiles within the Low-Medium Residential designation:
a) the scale of the proposed development as it relates to the surrounding area; b) overall height of the buildings as a function of overshadowing, wind conditions and privacy; c) the mass and scale of the buildings’ proportions in relation to the setbacks from the lot lines; and d) integration of the development with the surrounding area to contribute to the unique character of the area.
19.3.6.6 Council may establish off-street parking standards within the Low- Medium Density Residential to encourage intensification and reflect public transit supportive designs.
19.3.7 Mixed Industrial Commercial and Industrial
19.3.7.1 Uses permitted in the Industrial designation are those permitted in the Official Plan, including production, distribution and professional service industrial uses.
19.3.7.2 Existing industrial uses that are in locations that are not in keeping with the intent of this secondary plan, such as those uses south of Yale Crescent, are encouraged to relocate in more appropriate locations in the City.
19.3.7.3 Those areas shown on Schedule 19-B of this secondary plan as Mixed Industrial Commercial permit industrial uses as well as commercial activities which may require:
a) large sites and/or floor areas b) good vehicular access, parking and loading; and c) may create noise, odours, or other nuisance because of the nature of the use.
19.3.7.4 The following guidelines shall be considered when evaluating the design of a proposed commercial development within the Mixed Industrial Commercial designation:
a) buildings surrounded by surface parking and parking between buildings and streets should be minimized to maintain the street wall; b) the mass and scale of the buildings, and the extent to which their orientation, form and siting help to achieve a compact urban form; c) the building be located toward the street front; d) permanent loading, service and parking areas should be located away from the street front so as not to significantly interrupt the pedestrian circulation or traffic flow on the public right-of-way or within the Mixed Industrial Commercial area; e) facilities for solid waste storage and removal should be sited away from the street or abutting residential areas and should be screened in an enclosed structure; f) surface parking areas shall be sufficiently landscaped to create a congenial environment with minimum walking distance to buildings; g) safe and convenient pedestrian access between buildings and public transit stops, parking areas and other buildings and facilities should be provided; and; h) appropriate signage should be incorporated into the design of the site, using wall or ground mounted signs wherever possible.
19.3.8 Institutional
19.3.8.1 Uses permitted in the Institutional designation are those permitted in the Major Institution Designation in the Official Plan including schools, and churches.
19.3.8.2 Major institutions shall be located in accordance with the major institutional use policies of the Official Plan. In addition, institutions of a more minor nature, but which attract large amounts of traffic, such as YMCA’s and churches, should be located on arterial and collector streets with lot areas sufficient to provide adequate off-street parking.
19.3.8.3 To ensure the continuing viability of new or existing institutional activity and their particular locations within the area, the following improvements shall be undertaken whenever possible and required:
a) accessibility may be improved by the creation of exclusive turning lanes and signalized intersections, as well as the provision of facilities for the safe movement of pedestrians; b) transit routing and stops may be designed to meet the needs of these institutions; and c) buffering and other screening techniques shall be required for increasing the compatibility of new uses locating adjacent to institutional uses.
19.3.9 Special Study
19.3.9.1 The lands shown as Special Study on Schedule 19-B are recognized as an area that requires additional study prior to establishment of detailed land use policies. This area includes the St. Catharines General Hospital site and adjacent lands.
19.3.9.2 Uses permitted in the Special Study area include all uses in existence prior to the passing of this plan.
19.3.9.3 Council shall with the Niagara Health System and area residents undertake a study of the Special Study area taking into consideration the following:
a) the identification of maximum potential of the Special Study area for future development in keeping with the goals and objectives of the Official Plan and the Queenston Area Secondary Plan; b) recommend future land use for the area; c) inclusion in a community improvement plan; d) provide for monitoring of implementation.
19.3.10Major Open Space and Environmental Protection
19.3.10.1 Major Open Spaces provide relief from the built environment, helps maintain ecosystems, and are settings for recreational, cultural and historical facilities or activities.
19.3.10.2 Environmental Protection Areas require protection from development as they may include hazard lands such as flood plains and lands with relatively steep slopes and/or have delicate ecosystems, and support plant and animal life, or have particular significant ecological functions.
19.3.10.3 Uses permitted in the Major Open Space and Environmental Protection Area designations include all those permitted in Major Open Space and in Environmental Protection Area designations in the Official Plan.
19.3.10.4 An integrated park system shall be achieved, such that each park is within easy walking distance to other parklands. In this regard, Council will provide for the improvement of buffers and recreational amenities and provide trail facilities where and as appropriate.
19.3.10.5 Every effort will be made to attain a full complement of parks within Queenston Area in accordance with the policies contained within Section 8 of the City’s Official Plan.
19.3.11Urban Design
19.3.11.1 To promote the concept of the Garden City, trees should be retained where possible through the Queenston Area and a program of tree planting and preservation and landscaping will be required in redevelopments so that all areas are provided with trees and other vegetation to maintain a high standard of amenity and appearance.
19.3.11.2 Portions of Niagara Street, Church Street, Queenston Street, and Eastchester Avenue as shown on Schedule 19-C are identified as streets for enhanced streetscaping. Council will provide for the enhancement of these streets by:
a) promoting a diverse mixture of commercial, residential and other appropriate land uses; b) enhancing the public right-of-way with appropriate and consistent soft and hard landscaping elements, such as special lighting, trees, street furniture and public art; c) protecting and enhancing significant views along the public rights-of-way; d) protecting and enhancing heritage resources; e) encouraging outdoor amenities such as restaurant patios; f) encouraging the provision of building and streetscaping elements which provide shelter from inclement weather; and g) improving the pedestrian scale along the street through development and streetscaping guidelines; h) encouraging linkages between parking areas/lots through common rear yard parking areas; i) encouraging landscape islands within large parking lots to visually break up and define the parking areas.
19.3.11.3 Four areas within Queenston Area are identified as civic nodes on Schedule 19-C; Council will provide for the enhancement of these nodes by encouraging landscaping, public art and other decorative devices in keeping with the intent of this plan to enhance the node as a distinctive and memorable feature of the neighbourhood.
19.3.11.4 Specific parks, open spaces and streets within the Queenston Area are identified for trails on Schedule 19-C. Council will provide for the development of these facilities by:
a) providing for the implementation and maintenance of trail facilities; and b) ensuring that the design of the trails complement and connect with the City’s parks, recreation and open space infrastructure, key destination and public transit stops where feasible.
19.3.11.5 Specific streets within the secondary plan area are identified on Schedule 19-C as locations for major road improvements, including lane reconfiguration and extensions. The confirmation of the need for and configuration of such improvements shall be through additional technical studies, such as city-wide transportation master plan and/or detailed traffic study, as appropriate.
19.3.11.6 Bicycle lanes shall be included in road improvements to provide for an integrated City wide bicycle lane system.
19.3.11.7 Council will encourage long term parking areas associated with large buildings and structures to be incorporated within new development either above or below grade, so as to minimize the amount of surface parking within Queenston Area.
19.3.11.8 Council will encourage the partial screening of surface parking lots through the use of low ornamental fences or walls, landscaped berms and other similar devices and through the location of such lots away from the street frontage.
19.4 IMPLEMENTATION
19.4.1 The land use policies contained in this Secondary Plan, as well as those aspects of the Plan which control redevelopment, shall be implemented through the combined actions of public and private interests associated with redevelopment in the Queenston Area, including the adoption of a community improvement plan. Co-operation of all local boards and commissions, municipal departments and private enterprise, is essential for the detailed implementation of this Plan.
19.4.2 Upon approval of this Plan, the zoning by-law applicable to the Queenston Area shall be revised to reflect the intent of the Plan as defined by the land use concept and policy statements.
19.4.3 All land that is known or suspected of containing contaminated soils requiring a zoning by-law amendment to comply with the designated land use of this secondary plan shall be subject to a holding provision in accordance to the policies of the Official Plan.
19.4.4 Prior to enacting a by-law to remove the holding provision in accordance with the Planning Act, Council shall require a Record of Site Condition or other acceptable documentation that the site has been investigated and found to be free from contamination as specified by the appropriate Provincial and/or Federal legislation and guidelines.
19.4.5 The City may acquire land from time to time, in order to implement any feature of this Plan, as permitted by Section 25 of The Planning Act, R.S.O. 1990, c.P. 13, as amended.
19.4.6 All public works and improvements in Queenston Area shall be undertaken in conformity with this Plan.
19.4.7 The land use shown on Schedule 19-B to this secondary plan shall be progressively implemented through a development approach to zoning.
19.4.8 Where development or redevelopment of the land in accordance with the land use designated by this Plan is imminent and is the subject of an application, the specific zoning of the lands will be considered on the basis of this secondary plan and corresponding development plan.
19.5 INTERPRETATION
19.5.1 This secondary plan sets out by means of text and maps the policies for orderly growth and development in the Queenston Area.
19.5.2 The land use plan, forming Schedule 19-B to this document, establishes a general development pattern for the area. The boundaries of land use designations are flexible and subject to minor variations without amendment to this Plan. These designations should be interpreted in light of related policies and statements of intent contained in the policy sections. The purpose of this secondary plan is to provide a policy framework to direct, manage and stimulate appropriate development and redevelopment within the Queenston Area as delineated on Schedule 19-A.