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Official Plan Text - Amended to January 2015fficial Plan for the City of Niagara Fal, ____ ' __ _ __�a.��.. Iiia ara a Planning & Development Office Consolidation Amended to January 2015 Approved October 6, 1993 by the Ministry of Municipal Affairs OFFICIAL PLAN - CITY OF NIAGARA FALLS TABLE OF CONTENTS Page PART 1 - PLAN OVERVIEW AND STRATEGIC DIRECTION SECTION 1 - BASIS OF THE PLAN 1-1 2 - STRATEGIC POLICY DIRECTION 1-3 3 - INTENSIFICATION 1-6 PART 2 - LAND USE POLICIES SECTION 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 10 - 11 - 12 - 13 - RESIDENTIAL 2-1 PARKWAY RESIDENTIAL 2-9 COMMERCIAL 2-12 TOURIST COMMERCIAL 2-23 RESORT COMMERCIAL 2-56 THEME PARK - MARINELAND 2-58 GOOD GENERAL AGRICULTURAL 2-60 INDUSTRIAL 2-66 EXTRACTIVE INDUSTRIAL 2-74 NIAGARA ESCARPMENT PLAN AREA 2-77 ENVIRONMENTAL POLICIES 2-79 OPEN SPACE 2-96 SPECIAL POLICY AREAS 2-97 PART 3 - ENVIRONMENTAL MANAGEMENT SECTION 1 - MUNICIPAL INFRASTRUCTURE 3-1 2 - PARKLAND STRATEGY 3-17 3 - ENERGY CONSERVATION 3-21 4 - CULTURAL HERITAGE CONSERVATION 3-23 5 - URBAN DESIGN STRATEGY 3-28 6 - ENVIRONMENTAL QUALITY 3-33 PART 4 ADMINISTRATION AND IMPLEMENTATION SECTION 1 - PROVINCIAL POLICIES, OFFICIAL PLANS OF THE 4-1 REGION AND ADJACENT AREA MUNICIPALITIES 2 - OFFICIAL PLAN REVIEW AND AMENDMENTS 4-2 3 - COMMUNITY SECONDARY PLANS AND 4-6 NEIGHBOURHOOD PLANS 4 - BY-LAWS 4-8 5 - NON -COMPLYING USES 4-13 6 - NON -CONFORMING USES 4-14 7 - SUBDIVISION CONTROL 4-16 8 - CONSENT POLICIES 4-18 9 - MINOR VARIANCE AND RELATED APPROVALS 4-22 10 - SITE PLAN CONTROL 4-24 11 - COMMUNITY IMPROVEMENT 4-26 12 - PROPERTY MAINTENANCE 4-30 13 - FINANCIAL CONSIDERATIONS 4-31 14 - GENERAL IMPLEMENTATION POLICIES 4-32 PART 5 - SECONDARY PLANS SECTION 1 - GARNER SOUTH PART 6 - SCHEDULES 5-1 SCHEDULE "A" - FUTURE LAND USE SCHEDULE "A-1" - NATURAL HERITAGE FEATURES AND ADJACENT LANDS SCHEDULE "A-2" - URBAN STRUCTURE PLAN SCHEDULE "A -2(a) - DOWNTOWN NODE - HEIGHT STRATEGY SCHEDULE "A -2(b) - DRUMMONDVILLE NODE - HEIGHT STRATEGY SCHEDULE "A -2(c) - STAMFORD NODE - HEIGHT STRATEGY SCHEDULE "A -2(d) - MORRISON/DORCHESTER NODE - HEIGHT STRATEGY SCHEDULE "B" - PHASING OF DEVELOPMENT SCHEDULE "C" - MAJOR ROADS SCHEDULE "D" - COMMUNITY PLANNING DISTRICTS SCHEDULE "E" - TOURISM DISTRICTS SCHEDULE "F" - LANDS AFFECTED BY SPECIAL POLICY #25 APPENDICES APPENDIX I - DEFINITIONS APPENDIX II - FORMER AND EXISTING MUNICIPAL LANDFILLS APPENDIX III - WOODED AND TREED SITES APPENDIX IV - POTENTIAL AGGREGATE RESOURCES APPENDIX V - COMMUNITY IMPROVEMENT AREAS APPENDIX VI - FUTURE CULTURAL HERITAGE STUDY AREAS APPENDIX VII -A - GARNER SOUTH SECONDARY PLAN -CONCEPT PLAN APPENDIX VII -B - GARNER SOUTH SECONDARY PLAN - PHASING CONCEPT APPENDIX VII -C - DENSITY CALCULATION APPENDIX VIII - STATISTICS / DEMOGRAPHICS APPENDIX IX - CURRENT ENVIRONMENTAL PROTECTION AREA POLICIES PART 1 PLAN OVERVIEW AND STRATEGIC DIRECTION 1-1 PART 1 - PLAN OVERVIEW AND STRATEGIC DIRECTION SECTION 1 - BASIS OF THE PLAN The Official Plan for the Niagara Falls Planning Area is a document outlining the long term objectives and policies of the City with respect to the growth and development of urban lands; the protection of agricultural lands and the conservation of natural heritage areas; and the provision of the necessary infrastructure. The Official Plan is adopted under the provisions of the Planning Act and is required, through legislation which established the Regional Municipality of Niagara, to conform with the provisions of the Regional Policy Plan. Based upon the above, the Official Plan for the City of Niagara Falls is to be brought into conformity with the policies of the Regional Official Plan and is approved by the Regional Municipality of Niagara. Changes to the Planning Act and the introduction of the Growth Plan for the Greater Golden Horseshoe Area (Growth Plan) as well as other Provincial Plans enables Council to effectively use all available planning tools when considering development and the protection of heritage within the City of Niagara Falls. This Plan reflects the changes in legislation and respects the growth targets of the Growth Plan and the Regional Policy Plan. A series of public meetings of Council have been held to fulfill the public participation requirements of the Planning Act. Comments and input received have been carefully considered in the formulation of policies for this Plan. The Official Plan will be regularly reviewed and a special meeting of Council, open to the general public will be held at least once every five years from the date of Ministerial approval. Such a special meeting is required under the Planning Act, and will determine the need for any revisions to the Official Plan based upon changing conditions such as growth patterns, economic trends and Provincial Planning Policies. INTERPRETATION Locations, boundaries or limits described in the text or indicated on Schedules "A", "B", "C", "D" or "E" are intended to be approximate only, except where they are bounded by roads, railway lines, or other clearly defined physical features. Where the general intent of the Plan is maintained, minor boundary adjustments will not require an amendment to this Plan. Nonetheless, urban area Boundaries are considered to be precise. In any case, where the location of the Urban Boundary is in question, the precise Boundary may be defined with the Region's concurrence. Where any Act or portion of an Act is referred to in this Plan, such references shall be interpreted to refer to any subsequent renumbering of sections in the Act and/or changes in the date of the Act. Where any of the policies of this Plan refer to an Ontario Ministry, the reference to such 1-2 Ministry shall continue to apply regardless of any change in title to the Ministry and/or any successor Ministry that may become responsible for the subject policies. FORMAT OF THE PLAN The Official Plan is organized as follows: Part 1 entitled PLAN OVERVIEW AND STRATEGIC DIRECTION describes the purpose, legislative basis, format, and interpretation of boundaries of the Official Plan as well as the period during which the Plan is to apply. This part also outlines the Strategic Policy Direction of the Plan to accommodate future growth through land use and intensification. Part 2 entitled LAND USE POLICIES establishes twelve (12) land use designations with preambles which highlight the intention of the land use designations and policies which describe permitted uses and various physical development guidelines. The land use designation for Section 10 prescribes that the policies of the Niagara Escarpment Plan, as amended from time to time, shall be applied to the Niagara Escarpment Plan Area. Unless otherwise specified, the policies of Parts 3, 4 and 5 of this Official Plan will not be applied to the lands within the Niagara Escarpment Plan Area. In addition there are certain special policy areas which because of unique character and/or circumstances will be subject to special policies. Part 3 entitled ENVIRONMENTAL MANAGEMENT contains strategic type policies that are to be utilized in conjunction with the land use designation policies. Part4entitled ADMINISTRATION AND IMPLEMENTATION highlights the various planning tools available to implement the Official Plan. Part 5 entitled SECONDARY PLANS contains the policies and plans for specific areas of the City prepared through the secondary plan process and adopted as amendments to this Plan. SCHEDULES to this Plan illustrate the land use designations, height strategies, roads, districts and special policy areas of this Plan and are to be read in conjunction with its text. There are additional Schedules "B", "C", "D" and "E" that form part of the Plan. The APPENDICES contain supplementary and supporting information for the Policies of this Plan but do not form part of the Plan itself. 1-3 PART 1 - PLAN OVERVIEW AND STRATEGIC DIRECTION SECTION 2 - STRATEGIC POLICY DIRECTION The Official Plan for the City of Niagara Falls is intended to guide growth and development to the year 2031. The population during this planning period is expected to reach 106,800 with employment for 53,640 people. It is the intent of this Plan to focus new growth to accommodate these people and jobs in a sustainable fashion that makes for an orderly and effective use of land and infrastructure, creates compact, livable communities and protects the City's natural heritage and agricultural lands. Schedule A-2 to this Plan illustrates the City as being divided into three areas: the Urban Area, the non -urban area and the Natural Heritage Areas. It is the intention of this Plan to balance efficient use of urban land with the protection of Natural Heritage Areas and direct development away from the non -urban area towards the urban area. To further guide development, the urban area is divided into two categories: the Built -Up Area, (the area within the Built Boundary defined by the Province within which growth is to be accommodated through intensification); and Greenfield Areas (undeveloped lands within the urban area Boundary) and outside of the Built Boundary where growth will be guided by proper design. In order to provide for future employment opportunities within the City areas most suited for such uses are to be protected from non -employment uses. The tourism industry is now the major employer with the decline of heavy manufacturing. Lands along the Queen Elizabeth Way are ideal for those employment opportunities dependant on cross-border trade and the movement of goods. Schedule A-2 identifies the Gateway Economic Zone which are lands within the Urban Area which, due to their proximity to major international border crossings, have unique economic importance to the City and Niagara Region. It is the intent of this Plan to identify these areas and protect them for future employment. Growth Objectives: To direct growth to the urban area and away from non -urban areas. 2. To protect Natural Heritage Areas and their functions. 3. To support increased densities, where appropriate, and the efficient use of infrastructure within the Built -Up section of the urban area. 4. To phase infrastructure and development within Greenfield Areas in an orderly and efficient manner. 5. To meet the targets as established by the Province through the Greater Golden Horseshoe Growth Plan and through the Region of Niagara Comprehensive Review. 6. To accommodate growth in accordance with the household, population and 1-4 employment forecasts of the Region's Comprehensive Review: Table 1. Forecast of Households. Population and Employment Forecast Period TotalTotal Households Population Household Size (ppu) Total Employment 2011 34070 89100 2.62 45690 2016 36170 94000 2.6 48560 2021 38590 99100 2.57 50820 2026 40870 103100 2.52 52240 2031 42740 106800 2.5 53640 * This table can be amended by Niagara Region without amendment to this Plan. 7. To achieve a minimum of 40% of all residential development occurring annually within the Built Up Area shown on Schedule A-2 by the year 2015. 8. To develop the Greenfield Areas shown on Schedule A-2 as compact, complete communities with a range of housing types, employment and public transit. 9. To encourage alternative forms of transportation such as walking, cycling and public transit. 10. To plan for an urban land supply for 20 years and to maintain a minimum 10 year supply of land for residential growth through intensification or greenfield development. 11. To provide a supply of serviced land that is capable of providing three years of residential development through intensification and land in draft approved and registered plans of subdivision. 12. To protect prime employment lands for the long term supply of employment in the Tourist Commercial and Industrial designations and to identify the Gateway Economic Zone. 13. To develop a transit and pedestrian friendly, sustainable and livable City through the use of urban design criteria and guidelines. Policies 2.1 The City shall protect agricultural uses in the non -urban area from urban pressures through the use of the Good General Agricultural Land Use designation and its related policies. 2.2 The City shall protect its Natural Heritage Areas, their features, quality and 1-5 functions, through the Environmental Protection Area land use designations and their related policies. 2.3 The City shall provide sufficient lands within the Urban Area Boundary to meet the projected housing, population and employment targets of Table 1. 2.4 The opportunity for increased densities within the Built Area Boundary shall be provided to make use of existing infrastructure, buildings and available transit through specific policies for the intensification nodes and corridors outlined in Part 1, Section 3. 2.5 Phasing policies shall guide growth across the urban area to make the most efficient use of existing and new infrastructure and to reduce the costs of providing new infrastructure. 2.6 The City shall utilize Secondary Plans wherever possible for development within its Greenfield areas to ensure the design of complete communities providing both employment and residential opportunities. 2.7 The City shall identify lands along the Queen Elizabeth Way to be protected for employment uses under the Gateway Economic Zone directive of the Province. 2.8 The City shall consider residential and employment growth in relation to Schedule "B" - Phasing of Development and the polices of Part 1, Section 3 of this Plan. 2.9 The City shall monitor growth within the urban area at 5 year intervals to measure compliance with targets of the Province's Growth Plan and the Regional Niagara Policy Plan. 2.10 Expansions to the urban boundary shall only be considered in accordance with the Regional Policy Plan. Notwithstanding this and the policies of PART 4, Section 2.8, the applications to amend this Plan and the Regional Policy Plan affecting the lands west of the QEW to Kalar Road and south of Mountain Road to the hydro transmission corridor, may be considered in accordance with the transition regulations of the Planning Act and Places to Grow Act for pre-existing applications. 2.11 No new urban areas shall be created. 1-6 PART 1 - PLAN OVERVIEW AND STRATEGIC DIRECTIONS SECTION 3 - INTENSIFICATION The opportunity for increased densities within the Built Area Boundary shall be provided to make use of existing infrastructure, buildings and available transit within the Residential land use designation. However, opportunities for residential intensification on lands not currently designated Residential may also be considered. The City has identified specific intensification areas which have the potential to accommodate higher density development over the long term as nodes and corridors on Schedule A-2. The nodes and corridors may contain a mix of land use designations and will be subject to the following policies. General Policies 3.1 Unless otherwise permitted through the maps and policies of this Plan, residential intensification shall require an amendment to this Plan and proceed by way of site specific zoning by-law amendment whereby individual proposals can be publically assessed. Proposals of sufficient land area shall be developed through plans of subdivision. 3.2 The development or redevelopment of lands currently designated Tourist Commercial in accordance with Part 2, Section 4.2.9 shall conform with the height and design policies of Part 2, Section 4 and meet the minimum density requirements for a high density development as permitted in Part 2, Section 1.15.5(iii). 3.3 The extent of the Intensification Nodes and Corridors as shown on Schedule A-2 and the limits of the height strategies of Schedules A -2(a), A -2(b), A -2(c) and A -2(d) are not intended to be scaled but a guide whereby building heights shall be considered on each individual basis with regards to the character of surrounding development. 3.4 The intensification through redevelopment of lands designated Residential in this Plan shall comply with the policies of Section 2, 1.15.5 of this Plan. Intensification Corridors 3.5 Intensification Corridors contain lands that front onto arterial roads and have the attributes conducive to supporting medium or high density residential redevelopment over the long term. Lands with frontage directly onto these corridors may be considered for residential use. 3.6 Proposals for residential development shall comply with the policies of Part 2, Section 1.15.5 (ii) with respect to building height and density for the following intensification corridors, as shown on Schedule A-2: 1-7 Dunn Street 2. Thorold Stone Road 3. Victoria Avenue (notwithstanding the Minor Commercial designation) Proposals within these intensification corridors may develop in accordance with the policies of PART 2, Section 1.15.5 (iii) should the subject lands have sufficient lot area, street frontage and other site attributes that allow for the development of increased densities. 3.7 The McLeod Road intensification corridor provides a connection between the major commercial node at its interchange with the QEW and the tourist district commencing at Stanley Avenue. The corridor is characterized by single detached dwellings, mid -rise apartment buildings, a Minor Commercial node at Drummond Road and vacant lands in the eastern part of the corridor. Long term development along this corridor is envisioned as a mix of local serving commercial uses at the intersection of Drummond Road, and mid -rise residential buildings. In addition to the built form policies of Part 2, Section 1. 15.5 (iii), the following height and density provisions shall apply: building heights shall grade from a maximum of 8 storeys at the east end to a maximum of 4 storeys at the west end; development density shall also have gradation from a minimum net density of 65 units per hectare at the west end and not exceeding 150 units per hectare at the east end. 3.8 Lands within the Portage Road Intensification Corridor may develop to a maximum height of 10 storeys, and a maximum density of 150 units per net hectare, at the south end of the corridor grading to a maximum height of 4 storeys, and a maximum density of 75 units per net hectare, at the north end. Densities shall not be less than 100 units per net hectare at the south end grading to a minimum of 50 units per net hectare at the north end. 3.9 The portion of Lundy's Lane to the west of Montrose Road is identified as an intensification corridor on Schedule A-2 to this Plan as this section is characterized by large lots capable of supporting intensification at varying levels. Intensification may take the form of: a) tourist commercial redevelopment that capitalizes on, and expands upon, the existing tourism infrastructure. Uses that serve as attractors, as well as indoor and outdoor recreational facilities, are encouraged; b) local -serving commercial uses which should be clustered in proximity to the intersections of Montrose Road and Kalar Road; and c) residential uses in accordance with the policies of Part 2, Section 4.2.31. Intensification Nodes 3.10 Intensification nodes are geographic areas within which this Plan promotes and encourages residential intensification in orderto regenerate and increase the vitality of existing commercial or industrial areas. Intensification nodes have been identified as having significant potential for medium and high residential intensification and are shown on Appendix A-2. It is not the intention of this Plan to promote the dislocation and re -designation of non-residential uses in order to achieve intensification but to provide guidance for long-term compatible co -existence of residential and non-residential uses within these nodes. Where commercially designated lands are in excess of demand, zoning by-law amendments for medium and high density apartments as a form of residential intensification may be considered provided the following general criteria are satisfied together with the policies for each node. 3.10.1 Intensification is to be consistent with the height and density parameters for each node. 3.10.2 Development will be arranged in a gradation of building heights and densities. 3.10.3 The proposed development is designed to be compatible with commercial development in the surrounding area. 3.10.4 The development provides adequate landscaping and separation distances to ensure privacy and overall pleasant living environment. 3.10.5 The proposal does not hinder commercial traffic patterns. Downtown and Drummondville Nodes 3.11 Downtown and Drummondville have been identified through Community Improvement Plans as nodes for residential intensification and are shown on Appendix A-2. 3.12 Within the Downtown Node: • a 4 storey height shall be permitted within the Zoning By-law as this respects the existing built form and also allows for a degree of intensification; • additional building height may be allocated in accordance with Schedule A -2(a); • residential uses may develop as part of a multiple use building or as stand-alone buildings; and • intensification and redevelopment in the eastern and western gateways is encouraged to be designed in an manner that creates a sense of arrival and also improves connections to the Downtown. 1-9 3.13 Within the Drummondville Node: • residential uses may develop as part of a multiple use building or as stand-alone buildings; • new development and/or redevelopment shall respect the existing built form of 4 storeys while allowing for intensification. • additional building height may be allocated in accordance with Schedule A-2 (b); • increases in building height may be considered for lands outside those designated for additional height through an amendment to the Zoning By-law, subject to the following criteria: - the subject lands, whether a single lot or a consolidation of lots, having sufficient lot area and frontage to provide for the building, parking and landscaped open space; - setbacks and separation distances are provided that are in character with adjacent properties so as to avoid or reduce impacts; - the scale and massing of the proposed building respects the surrounding built form; and - parking areas are adequately screened. General Policies for the Downtown and Drummondville Nodes 3.14 In order to support the revitalization and redevelopment of Downtown and Drummondville nodes, Council shall: a) facilitate development and improvement so that these nodes become a focus for retail and commercial re -development and residential intensification; b) promote development that builds on the unique features and heritage aspects of the nodes; and c) consider the provision of additional public facilities and infrastructure to serve as both a catalyst for re -development and to support those living, working and visiting these nodes. Urban Design 3.14.1 Both nodes have a mainstreet built form characterized by 2 to 3 storey buildings built to the sidewalk with little or no side yard setbacks. New development shall respect the existing built form. Urban Design Guidelines will be used as a guide to evaluating applications with respect to height and massing together with the following criteria: a) a built form that provides street frontage buildings with setbacks that are consistent with adjacent properties and parking located behind buildings is encouraged; b) the minimum building height shall be two storeys in order to promote 1-10 an intensification of use and to reflect the built heritage; c) all new buildings and developments located: • in the Downtown: on Queen Street, Erie Avenue and River Road, and • within Drummondville: on Main Street and Ferry Street, shall provide active pedestrian -related uses at the street level; d) all new buildings and developments shall be designed not to overwhelm: • buildings listed on the Municipal Register of Heritage Properties; and • open space areas; e) all new buildings and developments shall be designed so as not to impede the views and vistas of natural or cultural heritage landscapes; f) all new buildings and developments shall be oriented to, and located to frame, the abutting streets and create a continuous street edge; g) buildings are not to create significant microclimatic effects on adjacent properties, open spaces or streets; h) the height and massing of mid -rise and high rise buildings must be carefully controlled to ensure that they complement the heritage character of these nodes and are sensitive to adjoining properties. In this regard, such buildings are to: • be designed to provide a height transition to the street and adjacent developments by incorporating stepbacks above 15 metres; • be designed so as to reduce and/or mitigate their mass with increasing height; • with respect to Downtown, tier downwards to the east from Cataract Avenue to provide a pedestrian scale along River Road and to respect the presence of the Niagara Gorge; • incorporate a distinctive roof feature as a skyline element; and • any vents, mechanical equipment, elevator penthouses and other similar building components located on the roof should be integrated with the architectural treatment of the roof and screened from view; i) parking is encouraged to be located on-site within parking structures, which shall be integrated with the principal development and have pedestrian -scale uses along any street frontage. Surface parking shall be located in the rear yard and appropriately buffered from the street; and j) shared parking arrangements and reductions to parking requirements may be considered on a site specific basis. Proposals for either may be required to be supported by a Parking Demand Analysis to the satisfaction of the Director of Transportation Services and the Director of Planning, Building and Development. Street System 3.14.2 The built form of these nodes supports pedestrian activity and the use of public transit. This Plan supports the maintenance of an active and safe pedestrian environment through the following policies and Urban Design Guidelines: a) Clearly defined pedestrian routes, including easily navigable, barrier free sidewalks, open spaces, walkways and cross walks, will be identified separatelyfrom vehicular traffic areas. All newdevelopment should maximize opportunities to create, define and enhance pedestrian routes. Alleyways and other mid -block connections should provide a safe and engaging route for pedestrians; and b) Improvements to streets and streetscapes to create attractive streetscapes through measures such as consistent street furniture and directional signage, a range of pavement materials, planting of street trees, and increased sidewalk widths. Heritage 3.14.3 These nodes exhibit a rich architectural heritage comprised of several architectural styles and periods including buildings designated under the Ontario Heritage Act, as well as buildings or properties listed on the Municipal Register of Heritage Properties. Development adjacent to and surrounding any significant heritage properties shall be designed so as not to adversely impact on the character, quality or amenity associated with the heritage resource. New development shall be of original design which reflects the character of the heritage buildings through consideration of massing, scale and, to a lesser degree, elements and details. Particularly in infill situations, new development, should respect the height, street wall setback and massing of adjacent heritage buildings and/or reintegrate those aspects of heritage design which have been lost in a particular street segment. 1-12 Property Consolidation 3.14.4 Section 28 of the Planning Act permits municipalities to acquire land for the purpose of community improvement. The Community Improvement Plan for each node provides for a general program for the City's involvement in property acquisition, investment and public/private partnerships. Council may also consider selling surplus City -owned land for redevelopment. In such cases, the City will also undertake a process that requires interested parties to submit a proposal for the development of the lands. These proposals shall be assessed on specific criteria established for the subject lands and the following policies: • compliance with the policies of this Plan; • consistency with the goals and objectives of the Community Improvement Plan; • sensitivity of the proposal to the surrounding land uses and heritage character; • the potential of the proposal to stimulate further regeneration and intensification; and • the financial impacts of the proposal on the City. STAMFORD NODE 3.15 The boundaries of the Stamford Node are shown on Schedule A -2(c). The lands between O'Neill Street and Thorold Stone Road and that have frontage onto Portage Road, are identified as the Portage Road Intensification Corridor on Schedule A-2. 3.16 Within the Stamford Node: 3.16.1 Residential intensification may develop as either stand alone buildings or together with commercial uses as mixed use buildings. 3.16.2 Residential uses within the Stamford Node may develop in accordance with the height and density strategy shown on Schedule A -2(c). 3.16.3 Building heights shall respect surrounding building heights. Taller buildings shall increase separation distances from buildings of lower height. Building heights shall also decrease with proximity to the street. 3.16.4 Development shall engage the street through the use of unit frontages, podiums, porte cocheres or landscaping. Within multiple use buildings, commercial uses shall fully occupy the whole of the ground floor, preferably with retail or service commercial uses located such that they provide a pedestrian presence along the street. 3.16.5 Parking is encouraged to be provided within parking structures that are 1-13 integrated with the development. Parking structures shall have retail or service commercial uses or residential units when abutting street frontages. 3.16.6 Where surface parking is provided, the parking area shall be located in the rear or interior side yard. The parking area shall also have a landscaped perimeter of a depth and intensity that at maturity effectively buffers the parking area from adjacent uses and streets. 3.16.7 Reductions in the parking standard, and shared parking arrangements within multiple use buildings, may be considered through site specific amendments to the Zoning By-law when accompanied by a parking demand analysis that is satisfactory to the Director of Planning, Building and Development in consultation with Transportation Services. 3.16.8 Developments shall provide pedestrian connections to the surrounding neighbourhood where possible. 3.16.9 Amenity space is to be provided for residential uses and may take the form of: • private on-site green space; • balconies and roof -top green space; or • public open space, in proximity to the subject development, or cash -in -lieu, pursuant to the provisions of the Planning Act, that will assist in the creation of public open space in the District. 3.16.10 Developments on lands that do not have direct access to an arterial road shall be designed such that traffic movement on local streets is minimized. In such situations, optimum densities as envisaged by this Plan may not be achievable. High density developments that are 6 storeys or more in height or exceed 50 units per hectare shall have direct access onto an arterial road. 3.16.11 In order to comprehensively plan the re -development of the Brownfield and Greyfield lands located south of Thorold Stone Road, east of Carroll Avenue and Portage Road, a Neighbourhood Plan may be prepared pursuant to the policies of PART 4, Section 3, Community Secondary Plans and Neighbourhood Plans. In addition to these policies, the Neighbourhood Plan will consider appropriate amendments to the land use designations as shown on Schedule A to this Plan. Accordingly, notwithstanding PART 4, Section 3, any Neighbourhood Plan for this area shall be adopted as an amendment to this Plan. 3.16.12 The lands designated Industrial, which are located on the north side of Thorold Stone Road, abutting the west side of the CN Rail line, are of sufficient size and are of a configuration which could accommodate either a mixed employment/residential use or a solely residential redevelopment. Redevelopment shall be planned and undertaken comprehensively through 1-14 a Plan of Subdivision and Amendments to this Plan and the Zoning By-law. Redevelopment Plans shall have regard to the following: 3.16.12.1 Mixed employment/residential uses may redevelop in accordance with the provisions of the zoning by-law and the following policies: a) Employment uses shall be located within the southern area of the lands; b) Employment uses shall be accessed directly from Thorold Stone Road; c) Landscaping shall be provided along the Thorold Stone Road frontage; d) Any property line that abuts residential land uses shall be appropriately screened and buffered; e) Outside storage is not permitted; f) Development of residential uses shall have regard to the policies of 3.16.12.2, below; and g) Acceptable variations of the zoning which may be deemed compatible with the surrounding area. 3.16.12.2 Residential uses, either as part of a mixed Employment/Residential or a sole Residential development, may redevelop having regard to the following policies: a) Development shall proceed by way of a Plan of Subdivision; b) A Record of Site Condition shall be required in accordance with PART 3, Section 6 of this Plan to verify that the lands have been appropriately remediated for residential use; c) A noise and vibration study shall be provided. Mitigating provisions are to be included in the design of development; d) A mix of housing types shall be provided; e) Lower density housing forms shall be located internally with access provided through the extension of local area roads; f) Lower density housing forms shall have a building height and massing that is consistent with the adjacent residential neighbourhood; g) Apartment dwellings up to 6 storeys high, may be developed in the southern area of the site and shall be accessed directly from Thorold Stone Road; and h) The overall minimum net density for residential development shall be 20 units per hectare. MORRISON/DORCHESTER NODE 3.17 The Morrison/Dorchester Retail District is surrounded by three large areas suitable 1-15 for intensification. Redevelopment for employment at higher densities should generally be located south of Morrison Street and west of Dorchester Road. Long term development within this node is envisioned as a mix of major commercial/institutional uses with a range of residential uses and densities. 3.18 Development proposals for residential intensification shall conform to the following: 3.18.1 Residential uses may develop as stand alone buildings or as a plan of subdivision or together with commercial uses as part of a mixed use development. 3.18.2 Residential uses may develop in accordance with the height and density strategy shown on Schedule A -2(d). 3.18.3 Development proposals for intensification shall comply with the following: 3.18.3.1 Building heights shall respect surrounding building heights. Taller buildings shall increase separation distances from buildings of lower height. Building heights shall also decrease with proximity to the street. 3.18.3.2 Development shall engage the street through the use of unit frontages, podiums, porte cocheres or landscaping. Within multiple use buildings, commercial uses shall fully occupy the whole of the ground floor, preferably with retail or service commercial uses located such that they provide a pedestrian presence along the street. 3.18.3.3 Parking is encouraged to be provided within parking structures that are integrated with the development. Parking structures shall have retail or service commercial uses or residential units when abutting street frontages. 3.18.3.4 Where surface parking is provided, the parking area should be located in the rear or interior side yard. The parking area shall also have a landscaped perimeter of a depth and intensity that at maturity effectively buffers the parking area from adjacent uses and streets. 3.18.3.5 Reductions in the parking standard, and shared parking arrangements within multiple use buildings, may be considered through site specific amendments to the Zoning By-law when accompanied by a parking demand analysis that is satisfactory to the Director of Planning, Building and Development in consultation with Transportation Services. 3.18.3.6 Developments shall provide pedestrian connections to the 1-16 surrounding neighbourhood where possible. 3.18.3.7 Amenity space is to be provided for residential uses and may take the form of: • private on-site green space; • balconies and roof -top green space; or • public open space, in proximity to the subject development, or cash -in -lieu, pursuant to the provisions of the Planning Act, that will assist in the creation of public open space in the District. 3.18.3.8 Developments on lands that do not have direct access to an arterial road shall be designed such that traffic movement on local streets is minimized. In such situations, optimum densities as envisaged by this Plan may not be achievable. High density developments that are 6 storeys or more in height or exceed 50 units per hectare shall have direct access onto an arterial road. 3.19 Any intensification shall only proceed when servicing and traffic have been confirmed to be sufficient for both the existing and proposed land use. 3.20 The Morrison/Dorchester Node encompasses an area comprised of large format retail stores, service commercial, employment and industrial uses. It is the intent of this Plan to preserve and strengthen business and employment uses in the node through the introduction of residential intensification. Residential proposals should not detrimentally impact on the day-to-day operations of business and employment uses. Proposals for residential intensification shall demonstrate, through the submission of appropriate studies, that impacts on the day-to-day operations of business and employment uses will be minimized. As such, studies addressing the impacts of noise, odour, vibration, traffic or other land use compatibility issues shall be required to be submitted as part of a complete application. Peer reviews of such studies may also be required, the cost of which shall be borne by the applicant. Mitigation measures, as identified by the requisite studies, including at -source mitigation, shall be implemented through the Zoning By-law and through Site Plan Control and shall be undertaken by the proponent/developer. PART 2 LAND USE POLICIES 2-1 PART 2 - LAND USE POLICIES SECTION 1 - RESIDENTIAL Preamble The policies of this section are intended to guide the provision of housing which is affordable, accessible, adequate and appropriate to the needs of a full range of households in the City and to guide the development and redevelopment of Residential lands shown on Schedule "A" of this Plan. The City will ensure that a sufficient supply of land is available, on a continuing basis, to accommodate all forms of housing and that appropriate opportunities are provided for residential intensification. Lands designated for residential use shall be sufficient to accommodate anticipated population growth and the need for various housing types and densities throughout the period of the Plan. Residential development should occur in a manner which is compatible with the surrounding neighbourhood. Various amenity features will be incorporated within developments to ensure pleasant living conditions and a high quality of life. While housing represents the main component within this land use designation, other compatible land uses serving area residents which contribute to and enhance the surrounding residential environment will be encouraged and permitted in order to achieve a complete community. GENERAL POLICIES 1.1 The predominant use of land in areas designated Residential shall be for dwelling units of all types catering to a wide range of households. Predominant uses shall include single detached and semi-detached dwellings, duplexes, triplexes, quadraplexis, townhouses, apartments, group homes and other forms of residential accommodation. 1.2 Opportunities for a choice of housing including type, tenure, cost and location shall be provided to meet the changing needs of households throughout the Built-up Area and Greenfield Area. In order to achieve this goal, the City shall support the following: 1.2.1 Multiple unit developments, smaller lot sizes and innovative housing forms. 1.2.2 Development of vacant land, and more efficient use of under-utilized parcels and existing housing stock. 1.2.3 The full utilization and consolidation of properties to achieve larger scale and more comprehensive residential development. 1.2.4 Development of housing in conjunction with commercial developments in order to create walkable neighbourhoods. 1.3 A variety of ancillary uses may also be permitted where they are compatible with the residential environment and contribute to a complete community. Ancillary uses shall include, but are not limited to schools, churches, nursing homes, open space, RW parks, recreational and community facilities, public utilities and neighbourhood commercial uses. In interpreting compatibility, ancillary uses will be assessed according to the following principles. 1.3.1 Ancillary uses within the Built-up Area that have the potential of generating large volumes of traffic are generally encouraged to locate: • on an arterial or on a collector in proximity to an arterial road in order to minimize disturbances to area residents; • such that area residents can conveniently access the uses by means of walking, cycling, public transit or motor vehicle; and • in proximity to a transit stop. 1.3.2 Ancillary uses with the Greenfield Area shall be provided forthrough design within secondary plans taking into consideration the above criteria. 1.4 Accessory uses to residential such as Bed and Breakfast accommodations and home occupations within homes may be permitted by zoning by-law amendments where they are considered to be compatible with the residential neighbourhood. The establishment of such facilities will be carefully regulated as to their location, size and traffic generation in order to minimize potential disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood. 1.5 The development and redevelopment of residential lands in the City shall primarily be by plan of subdivision incorporating a mix and variety of dwellings and supporting uses to foster the development of a complete community. Consents to sever individual parcels of land shall only be permitted when it can be demonstrated that a plan of subdivision is not necessary to implement the policies of this Plan or applicable secondary plan. 1.6 Building heights referred to in this Plan through the text and schedules are intended as a general guide. Consideration may be given in specific situations to allow suitable, well designed developments that exceed these height guidelines through an implementing zoning bylaw amendment. 1.7 Minor increases in height and/or density may be allowed for individual multiple unit proposals in accordance with the Bonus Zoning provisions contained in Part 4, Section 4 of this Plan. 1.8 All residential development shall require proper and adequate municipal services. The municipality shall promote phased development to maintain logical, outward growth in residential areas in accordance with the policies of Part 3, Section 1. 1.9 Exposure of new residential development to less compatible land uses such as arterial roadways, highways or railway lines shall be minimized. In order to protect residential development from such uses, studies may be required and appropriate measures such as landscaping, berming or other buffering techniques may be 2-3 required to determine impacts and recommend mitigation measures. 1.10 (Deferred) Second units within single detached, semi-detached and townhouse dwellings may be permitted within residential areas subject to certain standards outlined in the Zoning By-law and other applicable regulations such as the Ontario Building Code. Council may consider the registration of second units through a Registration By-law pursuant to the Municipal Act. 1.10.1 Zoning regulations related to second units in residential zones shall be Policies based on the following: 1.10 to 1.10.3 a) The lot size and configuration are sufficient to accommodate inclusive are adequate parking, green space and amenity areas for both the deferred. principal dwelling and the second unit. b) The property shall meet all zoning requirements with respect to lot frontage, area, depth, parking, landscaping and design. c) Areas within the City that have sanitary servicing constraints shall be zoned so as not to permit second units. 1. 10.2 Second units requiring building additions or substantial alterations to the principal dwelling should be designed to maintain the overall character of the principal dwelling. 1. 10.3 The minimum density requirements of section 1.1.15 (i) shall not apply to prevent the establishment of second dwelling units. 1.11 Affordable housing is to be provided within the Built-up Area and Greenfield Area. 1.11.1 Applications for draft plan approval of subdivisions shall include, as part of a planning report, an assessment of how the proposal will contribute to meeting affordability and demographics through subdivision design and housing mix. 1.11.2 The City, in its review of subdivision/rezoning applications, will encourage provision of varying lot sizes, housing form and unit size in order to contribute to affordability. 1.11.3 In disposing of surplus lands that are suitable for residential use, Council shall consider offering the lands to not-for-profit organizations for affordable housing. Similarly, various boards, commissions and agencies shall be encouraged to dispose of surplus lands suitable for residential use for the purpose of affordable housing development. 1.11.4 The City will participate with Regional Niagara and other agencies in the provision of affordable housing and the development of targets for affordable housing. IrZAl 1. 12 Rooming, boarding and lodging houses may be permitted by the Zoning By-law subject to the following policies: 1.12.1 The site is suitably located with convenient access to public transit and commercial districts. 1.12.2 The lot size and configuration are sufficient to accommodate adequate parking, green space and amenity areas. 1.12.3 The Ontario Building Code, the Maintenance and Occupancy Standards By-law, as well as health and safety requirements can be satisfied. 1.12.4 The structure and use would be compatible with the surroundings or, satisfactory buffering measures can be introduced to achieve such compatibility. 1.13 Rental accommodation shall be protected throughout the municipality by such measures as the Residential Tenancies Act and the City's Condominium Conversion Policy, which discourages the conversion of rental accommodation when the vacancy rate is below 3 per cent. 1.14 The housing market within Niagara Falls shall be monitored on a Community Planning District basis, as well as Built-up Area and Greenfield Area, and the City shall initiate, when required, changes to municipal policy to satisfy local housing requirements. This annual monitoring program will include various housing -related information with particular emphasis on the following items. 1.14.1 Residential land supply. 1.14.2 The range of housing forms produced in new residential development. 1.14.3 New housing prices relative to household income distribution. 1.14.4 Intensification performance analysis. BUILT-UP AREA 1.15 It is recognized that opportunities exist throughout the Built -Up Area as shown on Schedule A-2 to create new housing units. Intensification, while maximizing the density of a given land area, shall be designed to integrate into the surrounding neighbourhood. The following policies are to be considered in the design of residential development, intensification and infilling and read in conjunction with the policies of PART 1, Sections 2 and 3: 1.15.1 The character of the existing neighbourhoods within the Built-up Area shall be retained. Accordingly, residential development, intensification and infilling shall blend into the lot fabric, streetscape and built form of a 2-5 neighbourhood. 1. 15.2 A gradation of building heights and densities will be encouraged together with sufficient horizontal separation distances between taller buildings and low rise dwellings in order to ensure a complementary arrangement of residential uses. 1.15.3 Generally, development within the Built-up Area should be at a higher density that what currently exists in the neighbourhood. A harmonious mix of single and multiple accommodation will be encouraged throughout the Built-up Area so that at any one time a variety of housing types will be available suitable for different age groups, household sizes and incomes. 1.15.4 The conservation and renewal of the existing housing stock shall be encouraged as an important element in meeting future housing needs. In addition, the maintenance and rehabilitation of existing housing will be promoted by discouraging unnecessary demolition or conversion to non-residential uses through such mechanisms as demolition control and application of the Maintenance and Occupancy Standards By-law. 1.15.5 Single detached housing is the dominant housing form in existing residential neighbourhoods. Increasing the amount of various types of multiple residential accommodation is encouraged in order to provide for an overall mix of housing within all communities. The inclusion of various housing forms through subdivisions, intensification and infilling shall not be mixed indiscriminately, but will be arranged in a gradation of building heights and densities according to the following policies: (i) Single and semi-detached dwellings, street townhouses, block townhouses and other compatible housing forms are to be developed to a maximum net density of 40 units per hectare with a minimum net density of 20 units per hectare and should generally be located on local or collector roads. New housing forms are to be of a height, massing and provide setbacks that are in character with the surrounding neighbourhood. (ii) Stacked townhouses, apartments and other multiple housing forms with building heights of not more than 4 storeys can be developed to a maximum net density of 75 units per hectare with a minimum net density of 50 units per hectare. Such development should be located on collector roads and designed with a street presence that is in characterwith the surrounding neighbourhood. In addition, setbacks should be appropriate for the building height proposed and greater where abutting lands are zoned for single or semi-detached dwellings. (iii) Apartments with building heights of not more than 6 storeys can be developed up to a maximum net density of 100 units per hectare with W01 a minimum net density of 75 units per hectare. Such development shall be located on lands that front onto arterial roads. Moreover, development should be on current or planned public transit routes and in proximity to commercial areas. Development shall comply with the following: • architectural treatments such as stepped or articulated built form, changes in exterior cladding and roof features should to be employed to lessen the impacts of taller buildings; • rear yard setbacks should be equal to building height and interior side yards shall be appropriate for the building height proposed in relation to abutting land uses; • street frontages shall be engaged through the use of porte cocheres, podiums or landscaping; • parking is to be encouraged to be located within parking structures that are integrated with the development; and • where surface parking is provided, the parking area should be located in the rear or interior side yard. The parking area shall also have a landscaped perimeter of a depth and intensity that at maturity effectively buffers it from adjacent uses and streets. GREENFIELD AREA 1.16 The Greenfield Area as shown on Schedule A-2 is to develop as complete communities at a small scale. Not more than 60% of new housing units are to be built in the Greenfield Area on an annual basis by the year 2015. Secondary planning shall be the primary implementation tool for the development of the Greenfield Area. The following policies shall apply to the preparation of secondary plans and to subdivision proposals where secondary plans do not currently exist. 1.16.1 The target density of development shall be no less than 53 people and jobs per hectare. The calculation shall be made over the gross developable land area, at a secondary plan scale, which is defined as total land area net of natural heritage areas identified for protection under this Plan, the Regional Policy Plan, any provincial plan or Niagara Peninsula Conservation Authority regulation. 1.16.1.1 Greenfield densities and housing mix will be monitored by the City annually and reviewed every five years. 1.16.2 A diverse range of uses is to be provided including neighbourhood, commercial facilities and community services and employment. These uses shall be located and designed such that they compatibly integrate with the built and natural environments. 1. 16.3 It is the intent of this Plan that the Greenfield Area develop with a mix of housing types and at transit -supportive densities in order to utilize urban 2-7 land efficiently and support public transit. To accomplish this, a range of housing types is to be provided in terms of both form and affordability. Multiple unit housing developments are to be integrated into the form of the neighbourhood in accordance with the following: (i) Steep gradients of building heights are to be avoided. (ii) High density housing should be located within 250 metres of an arterial road. (iii) High density housing should be designed to avoid undue microclimatic impacts on abutting lands. (iv) Structured parking is encouraged to be utilized in the development of high density housing. (v) Increases in height may be permitted, through site specific amendments to the Zoning By-law, pursuant to s.37 of the Planning Act in exchange for the provision of housing units that meet the criteria established for affordability within the Provincial Policy Statement. (vi) Appropriate separation distances shall be provided between residential and other sensitive land uses and industrial uses and, more specifically, shall not be located in close proximity to heavy industrial uses. 1.16.4 Within the Garner South Secondary Plan Area, as shown on Schedule A-2, the policies of PART 2, Section 13.57 of this Plan shall prevail. In addition, the Secondary Plan shall provide for a distribution and gradation of densities, heights and housing types where lower densities and heights are proximal to the 2km Cytec arc and higher densities are directed to the north and east quadrant of the Secondary Plan Area to assist in the strengthening of the Niagara Square Retail District. 1.16.5 Street configurations and urban design are to support walking, cycling and the early integration and sustained viability of public transit. Although detailed urban design guidelines may be developed through the secondary planning process, the following policies shall apply as a minimum: (i) All collector roads are to be designed to accommodate public transit. (ii) Transit routes should be designed such that potential users have no more than 300 metres to walk to a transit stop. (iii) Neighbourhoods should be designed on a modified or fused grid pattern with interconnected streets. Block lengths should not exceed 250 metres. Along Natural Heritage features which will be accommodating public trails, local roads shall dead end at the feature thus providing a viewshed of the natural area as well as providing direct public access to the trail. (iv) Sidewalks are to be provided on at least one side of a local road and on both sides of a collector or arterial road. (v) Culs-de-sac are discouraged. Abutting culs-de-sac should be connected by parkland or open space. Pedestrian connections are to be provided out of cuts -de -sac. (vi) Off-road trails should connect to the road network seamlessly in order to provide cyclists with on -road or off-road options. (vii) Commercial and employment uses are encouraged to provide facilities for bicycle storage and cyclists. (viii) Speed control programs should be utilized to reduce traffic impacts within residential neighbourhoods. (ix) Pedestrian connectivity, in addition to a formal trail system, is encouraged to lessen walking distance to public facilities, such as schools, parks and neighbourhood commercial uses. PART 2 - LAND USE POLICIES SECTION 2 - PARKWAY RESIDENTIAL PREAMBLE The policies of this section are intended to guide the development and redevelopment of lands designated Parkway Residential, as shown on Schedule "A" of this Plan. Lands along the Niagara River Parkway shall be developed in a complementary manner which preserves and enhances the environmental and scenic qualities of the area. In this regard, the existing character of the Parkway shall be maintained by protecting natural areas and vegetation and by limiting development to preserve the character of the area. In all cases, buildings and structures shall be generously set back from the Niagara River Parkway and properties should provide significant landscaping and green areas. POLICIES 2.1 In order to preserve and enhance the qualities of the Niagara River Parkway, development shall be limited to single detached dwellings on large estate -type lots. Home occupations and bed and breakfast establishments shall be permitted in existing dwellings, provided the residential character of the building is maintained, there is no adverse effect on adjacent properties and private sewage disposal systems are installed and maintained to the satisfaction of the Regional Public Health Department and/or Ministry of the Environment. 2.2 New residential development shall be permitted through plans of subdivision and infill severances which should include as conditions of approval, those requirements necessary to ensure appropriate development and having regard to the following. 2.2.1 Development shall be linear in design, front on the Niagara River Parkway and be one tier in depth not exceeding 137 metres measured from the centreline of the roadway. 2.2.2 Dwellings shall be situated on lots of regular shape and dimension, ranging in size from 0.6 to 0.8 hectares in area. 2.2.3 Individual lot frontages in excess of 50 metres shall be promoted in order to preserve the spaciousness of the Parkway setting. 2.2.4 In certain cases, lot shape and size may vary slightly due to such items as environmental constraints, desire to preserve natural site amenities, blend in with surrounding development and accommodate special design factors. N N 2.3 The Niagara Parkway is designated a controlled access highway under the Niagara Parks Act. Residential development shall be coordinated with the Niagara Parks Commission and their service road construction policies, wherever possible. Individual site access shall be from service roads parallel to the Niagara River Parkway. However, where service roads are not available, mutual or individual driveways with shared access may be permitted in order to limit points of ingress and egress on this Controlled Access Highway. Any new vehicular access points along the Niagara Parkway will necessitate approval from the Niagara Parks Commission. 2.4 Niagara Parks Commission approval is required for such things as, but not limited to, access to roads, signs, shoreline docks, shorewells, and adjacent property uses within the limits set out by the Niagara Parks Act and the Public Transportation and Highway Improvement Act and accompanying Regulations. 2.5 The conservation of natural open spaces, woodlots and environmentally significant features along the entire Parkway Residential designation shall be encouraged so that these areas may be interspersed with residential development in keeping with the passive linear parkland setting of the scenic Niagara River Parkway. Developments will be designed to protect the long term integrity of these natural features. 2.6 In order to prevent land use conflicts, proposed residential development along the Parkway in the vicinity of existing livestock farming operations shall satisfy the Minimum Distance Separation Formulas as implemented by the Province. 2.7 Individual residential lots shall have suitable site and soil conditions and be of sufficient size to support the long term operation of a private waste disposal system and have an adequate potable water supply system, both in accordance with requirements of the Niagara Health Services Department and/or the Ministry of the Environment. 2.8 Building sites for residential lots shall be located outside of physical hazards such as flooding, unstable slopes or soils, erosion, organic soils or wetlands in compliance with the environmental policies of Part 2, Section 11 of this Plan. Development or site alteration along the Niagara River shall be reviewed by the Niagara Peninsula Conservation Authority and the Ministry of Natural Resources. 2.9 Proposed development shall be designed, as much as possible, to retain desirable natural features, vegetation and mature trees and to make provision for the enhancement of the site. 2.10 Abundant landscaping and greening measures shall be encouraged in residential development to complement and to promote the scenic and environmental amenity of the Niagara River Parkway. 2-11 2.11 The municipality shall work in cooperation with the Niagara Parks Commission in promoting initiatives for the protection, enhancement and development of the recreational features, natural landscape and amenity of the Niagara River Parkway. MR PART 2 - LAND USE POLICIES SECTION 3 - COMMERCIAL ;J 0111J,144:4 The City has a large and varied commercial inventory which represents a significant capital investment and major tax base. In order to foster a healthy business climate and promote a balanced retail and office structure, the Plan establishes a hierarchy of commercial districts, promotes the strengthening of existing commercial areas, directs new commercial growth and provides for the recapture of retail dollars leaving the City. A hierarchy based on major, minor and neighbourhood commercial uses follows the established commercial patterns of the City. The classification of commercial areas recognizes the locational and trade area requirements of business and the varying size function of commercial areas to meet the needs of residents. The Plan also promotes a high aesthetic quality in all commercial areas and endeavours to minimize their impacts on adjacent land uses. Commercial areas can also be strengthened through the introduction or expansion of residential uses to create mixed use areas. This Plan promotes and encourages residential intensification in order to regenerate and increase the vitality of existing commercial areas. It is not, however, the intention of this Plan to promote the dislocation and re -designation of non-residential uses in order to achieve intensification. Rather, this Plan provides guidance for long-term compatible co -existence of residential and non-residential uses within these nodes. POLICIES 3.1 The commercial hierarchy shall consist of Major Commercial Districts, Minor Commercial Districts and Neighbourhood Commercial facilities to ensure a full range of shopping opportunities are available. The commercial structure is based on established retail patterns and existing and projected floor areas. 3.1.1 No new districts or major expansions of existing facilities are contemplated, except as provided for in this Plan. The minor rounding out of commercial areas or boundaries which assist in the consolidation of commercial uses, enhance economic viability and improve internal traffic circulation and landscaping may occur without amendment to this Plan. 3.1.2 Several commercial areas have been identified on Schedule A-2 as having significant potential for medium and high residential intensification so as to create mixed use areas. New development or redevelopment within these nodes shall be subject to the policies of Part 1, Section 3. 2-13 3.2 MAJOR COMMERCIAL F-3.2.1 Major Commercial Districts, shown on Schedule "A", represent the largest concentrations of commercial space in excess of 10,200 square metres of O.P.A. #60 gross leasable retail floor area. The predominant land uses include a full Approved range of retail outlets, personal service shop, accommodations, medical June 2005 services, and office space to serve the needs of the entire market population and may include mixed use developments, recreational, community and cultural facilities as secondary uses. In addition, residential projects may be permitted subject to appropriate provisions in a zoning by- law amendment and other relevant sections of this Plan. DOWNTOWN 3.2.2 The Downtown was, historically, the centre of commerce in the City. While this function has subsided recently, this area has the potential for the re -development of substantial retail and commercial floor space. In addition, the Downtown CIP area is identified as a node for residential intensification on Schedule A-2. This Plan envisages the area as a mixed use commercial node. 3.2.2.1 A potential retail gross floor area of 40,000 square metres is envisaged. Uses that serve the Downtown, as well as City residents as a whole, such as a supermarket and a farmer's market, are encouraged. 3.2.2.2 The development of 1,000 dwelling units is anticipated. Residential uses may develop as part of a multiple use building or as stand-alone buildings. Proposals for residential development shall comply with the policies of Part 1, Section 3. 3.2.2.3 Arts, entertainment and cultural facilities are encouraged to locate in the Downtown to provide day and evening activity year round and foster a lively and vibrant people place for residents and visitors. 3.2.2.4 Public transit will play a fundamental role in the development of Downtown. The VIA Rail Station, GO Transit and inter -City bus terminus, and Niagara Transit transfer area create a major public transit node. The area within a 500 metre radius is considered by the Growth Plan for the Greater Golden Horseshoe as a Major Transit Station Area and will be a focus of intensification with increased residential and employment densities that support and ensure the viability of existing and planned transit service levels. ME! NIAGARA SQUARE RETAIL DISTRICT 3.2.3 The Niagara Square Retail District shall be promoted as a regional retail shopping district providing complete comparison shopping, comprising of three major commercial developments. Free-standing box outlets and/or multiple groupings of medium and smaller retail outlets, together with recreational, community and cultural facilities, will also be permitted to reinforce the function as a regional commercial district. 3.2.3.1 Niagara Square shall be promoted as a full regional shopping centre containing approximately 50,000 square metres of gross leasable floor area. 3.2.3.2 The land on the northwest corner of McLeod Road and Montrose Road, due to its size, location, accessibility and exposure shall be promoted for development to strengthen and enhance the role of the district. This land is to be utilized for warehouse membership clubs, a supermarket, non -department store DSTM outlets, excluding a major and/or junior department store, and limited number of ancillary service commercial outlets to a total maximum gross leasable floor area of 29,000 square metres (throughout). To ensure that the primary function of these lands is retained for large, free- standing retail outlets: i) the zoning by-law shall regulate the development by establishing provisions for minimum and maximum gross leasable floor area of the permitted uses and the number of buildings; and ii) ancillary retail/service commercial outlets and restaurants shall not exceed 4,200 square metres in gross leasable floor area, with ancillary retail/service outlets generally not exceeding 2,400 square metres. 3.2.3.3 The land within the southeast quadrant of McLeod Road and the Q.E.W. shall be developed to reinforce the Niagara Square O.P.A. #83 Retail District as a regional commercial district. A shopping OMB Approved centre is planned for this quadrant having a total gross Feb. 18, 2009 leasable floor area of approximately 40,000 square metres. Appeals Withdrawn By-law #2008-110 The shopping centre is generally comprised of two parcels of land located on the north and south side of Oakwood Drive. The permitted uses include a department store, a home improvement store, retail stores, personal service shops, commercial services, restaurants, automotive services, recreational and entertainment uses and accommodations. A free-standing supermarket is not permitted. Each parcel is to be anchored by a large retail outlet or use or a grouping of 2-15 medium sized retail outlets. The balance of the floor area on each parcel is to be comprised of smaller retail outlets, personal service shops, services and restaurants. To this end, the implementing zoning by-law will include minimum and maximum gross leasable floor areas for many of the permitted uses. The development of the shopping centre shall be phased in order to ensure that prevailing market conditions, the health of other planned commercial development in this district and other districts throughout the City are properly considered before the composition of outlets is allowed to change. To ensure the shopping centre develops as planned: i) The first phase of development shall include a department store with a minimum floor area of 13,500 square metres and a maximum floor area of 20,500 square metres on one of the parcels, may include a home improvement store with a minimum floor area of 4,800 square metres and a maximum floor area of 14,000 square metres on the other parcel, and may include up to a combined maximum aggregate floor area of 7,000 square metres for small retail stores on both parcels. Personal service shops, commercial services, restaurants, automotive services, recreational and entertainment uses and accommodations will not be limited on either parcel; and ii) A second phase of development may be considered through a zoning amendment application. This phase may allow an additional maximum floor area of 8,400 square metres within the 40,000 square metre shopping centre to be developed for general retail purposes, with a minimum individual retail store size of 1,390 square metres. 3.2.3.4 The balance of the lands within the district shall develop in a manner that complements and enhances the function of the district. Accommodations, mixed use commercial/residential, service commercial and personal service facilities may be developed on a limited scale. Recreational, community and cultural facilities may also locate on these lands. NORTHWEST RETAIL DISTRICT 3.2.4 The Northwest Retail District shall be promoted as a sub -regional shopping district anchored by a major shopping centre and will generally include a junior department store to recapture outflowing expenditures by residents. ML 3.2.4.1 A shopping centre on the east side of Montrose Road shall not exceed 24,154 square metres of gross leasable floor area. 3.2.4.2 Those lands not reserved for the shopping centre shall develop in a complementary fashion by providing retail, business and personal service facilities on a limited scale. Non -retail automotive service commercial uses shall be directed toward the intersection of Montrose Road and Thorold Stone Road. STAMFORD RETAIL DISTRICT 3.2.5 The Stamford Retail District functions as a principal shopping district providing a full range of retail uses to meet the weekly shopping requirements of residents. The district contains a wide range of uses from local commercial, high density residential, and major commercial plazas, north of the intersection with Thorold Stone Road, all fronting onto Portage Road. Local serving commercial uses are located at the intersection and extend sporadically, intermixed with single detached dwellings, southward along both Portage and Drummond Road toward Gallinger St. Brownfield and greyfield sites are located east of Portage Road. 3.2.5.1 Council may consider zoning by-law amendments for residential projects subject to Part 1, Sections 3.1 to 3.4 inclusive, 3.15 and 3.16. MORRISON/DORCHESTER RETAIL DISTRICT 3.2.6 The Morrison/Dorchester retail district shall be promoted as a subregional shopping district comprised predominantly of large, freestanding retail O.P.A. #58 outlets, as described herein, to provide the municipality a greater Approved opportunity to recapture outflowing expenditures and alternative July Zoos commercial shopping for its residents. Notwithstanding any other policies of Section 3.2, commercial development within this district shall be permitted as set out below. In addition, the Morrison/Dorchester Retail District, together with abutting lands, has been designated on Schedule A-2 as a node for intensification. Significant intensification can be achieved through the redevelopment of lands. Long term development within this node is envisioned as a mix of major commercial/institutional uses with a range of residential uses and densities. Development proposal for intensification shall conform to policies 3.17 to 3.19 of PART 1. 3.2.6.1 The existing commercial centre in the northeast quadrant of the district shall be allowed to develop to the extent permitted by the governing zoning by-law and encouraged to develop MVA and expand in its current format of free-standing and independent retail and service commercial uses. 3.2.6.2 The lands within the southwest quadrant of Morrison Street and Dorchester Road shall, due to their size, location, accessibility, exposure and land use compatibility, be promoted for the development of large free-standing and/or multiple groupings of retail outlets and service commercial uses. This may include a junior department store, a home improvement store, a home improvement centre, non -department Department Store -Type Merchandise (DSTM) stores and limited ancillary service commercial outlets. The centre shall not exceed a maximum of 39,297 square metres of gross leasable floor area until warranted by the market. To ensure that the primary function of the centre is retained for large, free-standing retail outlets: i) the Zoning By-law shall include provisions establishing the maximum number of buildings and regulating the gross leasable floor areas of the permitted retail uses; ii) ancillary retail outlets shall not exceed 1,858 square metres of gross leasable floor area; iii) the easterly 3.9 hectares of the lands may be developed to a maximum gross leasable floor area not exceeding 11,334 square metres. The existing building may be remerchandised and expanded to a maximum gross leasable floor area of 7,432 square metres and subdivided into smaller units for the retailing of DSTM merchandise. Each unit shall have a gross leasable floor area of not less than 1,858 square metres and not exceeding 3,716 square metres; ancillary service commercial uses shall not exceed gross leasable floor area of 3,900 square metres, notwithstanding clause (ii) of this policy; and iv) a supermarket is not a permitted use. 3.2.6.3 The 10 hectare parcel of land on the northwest quadrant of Dorchester Road and Highway 420 shall be promoted for a large free-standing supermarket and may include commercial (non-DSTM) uses such as restaurants, a gasoline bar/car wash and ancillary retail office, health centre, clinic, banks and personal service commercial uses in separate buildings. The development of these lands shall not exceed a maximum gross leasable floor area of 18,786 square metres. i) The supermarket shall not exceed 16,640 square metres of gross leasable floor area. In addition the supermarket shall not exceed 7,432 square metres of FCTM floor space, 6,503 square metres of DSTM floor space and 2,525 square metres of non-DSTM services. A maximum of 2,326 square metres of gross leasable floor space may be provided in separate buildings, of which a maximum of 930 square metres may be DSTM floor space, with the balance as non-DSTM floor space. ii) In order to ensure that these lands are adequately serviced from a traffic perspective, the amending zoning by-law shall include an "H" symbol. The "H" symbol may be removed only after the approval by the Ministry of Environment of the Class Environmental Assessment for Dorchester Road. 3.3 MINOR COMMERCIAL 3.3.1 Minor Commercial Districts shown on Schedule "A" represent a moderate concentration of commercial space and approximate range in size from 3,700 square metres to 10,200 square metres of gross leasable retail floor area. The predominant land uses include a wide range of retail outlets and personal service shops and limited offices, all on a small scale to serve a segment of the population. In addition, mixed use development, recreational uses and community and cultural facilities such as churches and libraries may be permitted subject to appropriate provisions in the Zoning By-law and other relevant sections of this Plan. 3.3.1.1 In order to maintain and improve the economic viability of Minor Commercial Districts, continued consolidation of properties is encouraged to ensure functionally obsolescent structures are renovated or removed and a more efficient and intensive utilization of land is achieved. 3.3.1.2 Development and redevelopment shall be oriented toward the street in the form of plazas and multi -unit buildings to ensure orderly development which is integrated with adjacent properties and to achieve economic stability. Single use buildings will only be allowed when developed on a comprehensive scale where no land use conflicts would occur orwhere an expansion of an existing single use would allowfor improved design and functioning of the site such that it is integrated with adjacent development. 3.3.1.3 Amalgamation of properties to provide significant frontages and exposure to arterial roads shall be encouraged. OR 3.3.1.4 The exceptions shall be the Drummondville Area, which is subject to the policies of Part 1, Section 3, and the lands fronting on Cummington Square where a compact building form, close to the sidewalk, shall be encouraged in order to maintain the existing pedestrian oriented environment. 3.3.1.5 DRUMMONDVILLE Drummondville, like the Downtown was historically the centre of commerce in the City. While this function has subsided recently, this area has the potential for the re -development of substantial retail and commercial floor space. In addition, the Drummondville CIP area is identified as a node for residential intensification on Schedule A-2. This Plan envisages the area as a mixed use commercial node. i) Commercial re -development is encouraged that serves local residents and, notwithstanding Policy 3.3.1, also attracts a broader population and tourists. In recognition of this, a section of the Lundy's Lane and Main Street have been identified as Retail Street on Figure 2 of Part 2, Section 4 of this Plan and shall be subject to Policy 4.3.8 of Part 2. ii) Commercial redevelopment of Drummondville should capitalize on the heritage attributes of the area, specifically the Lundy's Lane battlefield, the Niagara Falls Historical Museum, and an expanded and revitalized Sylvia Place Market. The Market and Museum should serve as a focal point for the area, attracting both residents and tourists. The Market is envisioned to have a presence and visibility on both Main Street and Ferry Street. iii) The development of 1,000 dwelling units is anticipated. Residential uses may develop as part of a multiple use building or as stand-alone buildings. Proposals for residential development shall comply with the policies of Part 1, Section 3. 3.4 NEIGHBOURHOOD COMMERCIAL 3.4.1 Not all of the City's commercial inventory will be located within the designated Major or Minor Commercial Districts. Limited, small scale, neighbourhood commercial development will be permitted within the Residential designation of this Plan, subject to the inclusion of appropriate provisions in the Zoning By-law. WO 3.4.2 BUILT-UP AREA 3.4.2.1 Neighbourhood commercial facilities will primarily provide for the day-to-day needs of nearby residents and shall generally not exceed 930 square metres of gross leasable floor space. Such facilities should not reduce the economic viability of designated commercial districts. 3.4.2.2 Neighbourhood commercial facilities shall be integrated into the neighbourhood into which they are to be located in terms of built form; the location of on-site parking and on-site delivery areas; and landscaping. 3.4.2.3 Neighbourhood commercial facilities may locate not less than 500 metres from any other commercial development. 3.4.2.4 Notwithstanding the policies of this Subsection 3.4, it is recognized that commercial developments on the following properties may continue provided they are appropriately zoned. 2895 St. Paul Avenue 5233 Stanley Avenue 6150 Valley Way 3.4.3 GREENFIELD AREA 3464 Cattell Drive 8550 Willoughby Drive 6295, 6309, 6313 & 6321 Drummond Road 3.4.3.1 Neighbourhood commercial facilities within the Greenfield Area are to be limited to not more than 930 square metres of total floor area across an individual secondary plan area unless substantiated by appropriate studies in the preparation of the secondary plan. 3.4.3.2 Retail stores should be limited to a size that does not compete with community serving facilities. 3.4.3.3 Parking areas should be located in the interior side or rear yards and screened from adjacent uses by decorative fencing and landscaping. 3.4.3.4 Residential uses may be permitted in the Zoning By law in order to create mixed use buildings. i) Residential units are encouraged to be provided where total gross leaseable floor area exceeds 370 square metres; 2-21 ii) Residential units should be located above the ground floor. iii) Private amenity space should be created by the incorporation into the building of balconies and roof top patios. 3.4.3.5 Shared parking facilities may be permitted through an amendment to the Zoning By law, conditional upon the submission by the applicant of a parking demand analysis to the satisfaction of the Planning, Building and Development Department in consultation with Transportation Services. 3.5 GENERAL POLICIES 3.5.1 Commercial areas will be designed to effectively minimize their incompatibility with adjacent residential, institutional and recreational areas. Appropriate screening and landscaping shall be incorporated on site in order to buffer noise, light, dust or undesirable visual impacts emanating from the commercial uses. Outdoor storage uses and display areas may be provided for seasonal goods where the areas are designed as an integral part of the commercial development and are subject to the appropriate provisions in the Zoning By-law. 3.5.2 The preferred location of automobile service stations, fuel bars and car washes will be adjacent to arterial roads within commercially designated areas where the impact of vehicular movement can be minimized. The Zoning By-law shall provide minimum setbacks from lot lines for buildings and structures with increased distance separation from Residential zones for improved landscaping. Significant areas of landscaping will be provided to compensate for the large paved areas required for on-site vehicular movements. No outside storage will be permitted other than the temporary keeping of vehicles. Gas bar facilities which are part of a retail or service commercial facility shall be functionally separated so that on-site vehicular conflicts are not created. 3.5.3 Where commercially designated lands are in excess of demand, zoning by- law amendments for medium and high density apartments as a form of residential intensification may be considered provided the following general criteria are satisfied. 3.5.3.1 The policies of PART 1, Section 3.10 to 3.19 shall apply lands that are designated a Node on Schedule A-2 to this Plan. 3.5.3.2 Intensification is to be consistent with the height and density parameters for each node, should the lands be so designated. For lands not designated a node, height and density should be consistent with the policies of PART 2, Section 1.15.5. R&A 3.5.3.3 Development will be arranged in a gradation of building heights and densities. 3.5.3.4 The proposed development is designed to be compatible with commercial development in the surrounding area. 3.5.3.5 The development provides adequate landscaping and separation distances to ensure privacy and overall pleasant living environment. 3.5.3.6 The proposal does not hinder commercial traffic patterns. 3.5.4 While this Plan promotes and encourages residential intensification of lands designated Major and Minor Commercial, it is also recognizes that there is the potential for land use conflicts with intensification. Accordingly, an applicant may be required to undertake studies to determine impacts and provide mitigation measures. 2-23 PART 2 - LAND USE POLICIES SECTION 4 - TOURIST COMMERCIAL PREAMBLE This Official Plan establishes policies for the Tourist Commercial Area which emanate from the Niagara Falls Tourist Area Development Strategy and public consultation. The overall emphasis of that strategy is to improve the physical setting of the Tourist Area, creating a world-class tourist destination which fosters increased visitor spending, lengthens visitor stays and extends the tourist season. The policies have been established within an overall planning framework based on the following objectives: • to preserve and protect the primary tourism resource - the Falls, and the quality of its viewing experience; • to ensure that future development builds upon and complements existing good tourism development and respects the built and natural heritage of the Tourist Area; • to establish Tourist Districts which complement and support each other; • to ensure that future development occurs in a manner which enhances the attractiveness of the tourism environment and promotes pedestrian -friendly streetscapes; • to ensure that the new Casino Development supports the objectives of this Plan and enhances the existing tourism product; • to ensure that the People Mover system supports the objectives of this Plan, enhances the existing tourism product, and is constructed in a manner which improves future development opportunities; and, • to ensure that tourism development does not adversely affect the quality of life enjoyed in residential neighbourhoods. None of the policies in this Plan supersede any site-specific zoning approvals which exist before the day of passage of these policies. Furthermore, site specific zoning approvals will not create any additional setback requirements on adjoining lands. WZ! GENERAL POLICIES 4.1 THE NIAGARA FALLS TOURIST AREA VISION 4.1.1 The creation of a world-class tourism destination is envisioned for Niagara Falls - a modern urban centre at the heart of one of the world's most beautiful landscaped settings and natural wonders. 4.1.2 In order to achieve this vision, a high quality tourism environment needs to be created. A substantial commitment and investment will be required on the part of all stakeholders to revitalize the physical setting to one worthy and respectful of the Falls and to promote high standards of building design in order to effectively compete in the international market place. 4.1.3 By virtue of adopting this Official Plan, a new planning framework will be established to promote high quality development and an enhanced urban environment. All new tourist commercial development will be guided by the policies of this Plan. 4.1.4 This Plan also recognizes that the tourism and accommodation sector is a major source of employment for residents of the City and the Region. As such, lands designated Tourist Commercial are considered to be employment lands and the policies regarding conversion of employment lands to non -employment uses contained in PART 4, Sections 2.9 and 2.10 apply except as provided for in this Plan. THE PARK IN THE CITY 4.1.5 Niagara Falls is one of the world's natural wonders. Cast in a physical setting of parkland and open space, a high quality visitor experience is provided. To enhance this experience, the park setting of Queen Victoria Park shall be extended into the City, creating a high quality urban environment as a framework for new private development. Upgrading the tourism environment shall be implemented through a programme of greening and beautification - bringing the Park into the City. 4.1.6 Pedestrian movements between Queen Victoria Park and the adjacent Tourist Commercial Districts are an important part of the visitor's encounter with Niagara Falls. New and improved linkages will be created including the upgrading of connecting streets, the improvement of gateways and the introduction of pedestrian paths and walkways. 4.1.7 Within the Tourist Commercial Districts, City streets need to be planted with trees, thus extending the "green" of Queen Victoria Park into the urban setting. The greening of streets shall be accompanied by other streetscape improvements designed to create a vibrant and animated public realm, consistent with the expectations of the international traveller. 2-25 4.1.8 The escarpment separating the City and Queen Victoria Park shall be protected as a significant environmental feature. Development or redevelopment plans shall not take place within the escarpment area. Pedestrian connections through the escarpment and new developments at its top shall maintain and protect this natural and physical quality. AN INTEGRATED PEOPLE MOVER SYSTEM 4.1.9 The elimination of the railway line, which currently traverses the Central District, is a critical component of this Plan. The railway lands shall be acquired for public transportation purposes in order to improve visitor circulation throughout the core area. 4.1.10 The rail corridor together with Niagara Parks Commission lands shall provide for the alignment of the high tech visitor transportation service linking principal attractions and parking facilities in a looped system. Satellite Tourist Districts shall be connected to the People Mover system through the extension of transit services. 4.1.11 The People Mover shall be fully integrated with the Tourist Area. Stations will be designed to be directly accessible to the street level to service the surrounding area and maximize interaction with adjacent developments. 4.1.12 The People Mover shall: a) be flexible as to the precise alignment in order to facilitate integration with adjacent developments; b) be elevated through the built-up area to avoid traffic conflicts at street level; c) contain strategically planned stops; d) be environmentally sensitive in design; and e) enhance public and private development. A GRAND BOULEVARD CONCEPT ON THE RAIL CORRIDOR 4.1.13 Grand Boulevard is a concept aimed at improving linkages between Tourist Districts, creating street frontages for large development sites and eliminating barriers which restrict the movement and circulation of visitors. With the elimination of the CP rail line as a major impediment to development, the rail corridor can be utilized to expand the existing street pattern to better service the tourist area and its growth potential. 4.1.14 The Grand Boulevard is also a concept aimed at the creation of a new publicly -owned transportation corridor targeted at improving the movement and experience of the visiting tourist. It will provide for the extension of Victoria Avenue southerly to Robinson Street and then to Buchanan thereby connecting the existing activity node at Clifton Hill to the new activity node in Fallsview. Similar opportunities exist to improve the Portage Road link between Marineland and the Rapidsview amphitheater and the Fallsview subdistrict. The extension of Ferry Street through to the new Grand Boulevard will also serve to create a stronger link with the Lundy's Lane District. 4.1.15 The new Grand Boulevard shall provide for a comfortable and animated public street featuring wide sidewalks and a variety of activities and amenities for pedestrians. It shall contain the People Mover where the Grand Boulevard follows the railway right-of-way. 4.1.16 Detailed engineering and design studies for the Grand Boulevard follows the railway right-of-way. a) determine the alignment and right-of-way along the full length of the new boulevard required to accommodate pedestrians, bicycles, a People Mover System and automobile traffic; b) identify detailed streetscape improvements such as road and sidewalk widths, sidewalk paving, street lighting, the location and type of street trees, street furniture details, the treatment of public utilities in street allowance and signage. 4.1.17 Implementation of the Grand Boulevard concept will be considered as part of future undertakings including a Master Transportation Plan update and a Streetscape Master Plan. THE NEW CASINO DEVELOPMENT 4.1.18 The new casino complex on the Murray Hill site shall be consistent with the policies of this Plan and shall make a positive contribution to the public realm of the Niagara Falls Tourist Commercial Area. 4.1.19 The area around the new casino development shall become the second activity node in the Tourist Area, with the first activity node located at Clifton Hill and the existing casino. Council shall ensure that both activity nodes remain important tourist destinations, each containing a wide range of commercial uses. 4.1.20 Other components of the new casino initiative include an expansion of Marineland and the establishment of an amphitheatre at Rapidsview. This will result in a third activity node being created. Improved linkages between these nodes will be required to ensure that economic spin-offs accrue to the surrounding properties. 4.1.21 It is important to ensure that the new casino complex is designed to achieve full integration with the existing tourism plant as well as the tourism W22 objectives set out in this Plan. In this regard, natural and heritage attributes of the site shall be protected and provision shall be made for animated street frontages, public open spaces and the movement of visitors through and around the site. 4.1.22 In relation to the development of the casino site, the City shall seek: a) active and inviting publicly -accessible uses located along all public street frontages; b) implementation of the Grand Boulevard concept through the site in so far as People Mover and pedestrian circulation is concerned; c) public pedestrian access from the top of the escarpment to the Park in consultation with the Niagara Parks Commission; d) the consideration of the historical importance of the Ontario Hydro building at the top of the escarpment, its designation as such and its active reuse for tourist -related purposes; e) pedestrian bridge linking the landscaped park space and trail system at the top of the escarpment as generally set out in section 4.3.12 of this Plan, across Murray Hill; and f) needed public improvements identified in this Plan. BUILDING QUALITY AND THE EMERGING SKYLINE 4.1.23 The skyline of Niagara Falls shall continue to be characterized by the three existing viewing towers. New high-rise buildings shall be of variable heights and mass and shall not form a continuous wall when viewed from Queen Victoria Park, the U.S. side or the City of Niagara Falls. To achieve these objectives, any proposal to exceed 4 storeys in height shall be considered by zoning by-law amendment on a site specific basis. 4.1.24 A system of built -form regulations in the Tourist Area shall be established, based on the following principles: a) The highest buildings shall be constructed in the Central Tourist District in order to create an internationally recognizable skyline for Niagara Falls and to support the extent of municipal infrastructure required to service high density developments; b) Building heights will be reduced toward the periphery of the tourist core in order to respect the scale and character of surrounding land uses. Lower profile buildings will be located in Satellite Districts where low-rise/low density residential neighbourhoods predominate; WEI c) Residential and institutional uses will be protected from the overshadowing effects of tall buildings; d) The regulation of building mass will occur through a system of built form controls and urban design criteria consistent with Section 4.4.2 through 4.4.8 of this Plan; e) Council will consider the merits of development applications having regard to the policies of this Plan; f) All applications for additional building heights will be treated on a quid - pro -quo basis wherein the developer agrees to provide public realm improvements; and, g) Architectural Peer Review will be required for high-rise buildings over 10 storeys in height. 4.2 TOURIST DISTRICTS 4.2.1 Land Uses in the Tourist Commercial designation shall be organized in a complementary fashion. To this end, a hierarchy of tourist districts will be established, consisting of a Central Tourist District and four Satellite Districts as delineated on Schedule E. 4.2.2 The Central Tourist District shall be comprised of the Queen Victoria Park, Clifton Hill and Fallsview Subdistricts. The Central Tourist District shall continue to be the focal point for tourism activities in the City, including the Falls, the primary attraction, interpretive natural and cultural facilities in Queen Victoria Park, and a wide mix of tourist attractions, accommodations and services in Clifton Hill and Fallsview. Large-scale "thrill" style attractions/amusements will generally be directed to Theme Park and Resort Commercial designations. 4.2.3 The Lundy's Lane Satellite District is a multi -functional commercial area catering to both City residents and tourists. A portion of the District also provides opportunities for cultural heritage preservation. 4.2.4 The Whirlpool Satellite District shall function as a sightseeing area allowing visitors to view and experience the Niagara River gorge. Accommodations and ancillary commercial uses are also encouraged in this district. 4.2.5 The River Road Satellite District shall continue to function as an established residential area with many older homes offering Bed & Breakfast facilities. Alternative accommodations of this nature are appropriate for this area providing the residential character of the neighbourhood is maintained. 4.2.6 The Chippawa Satellite District shall function as a historical village with a minor supporting commercial role. Set in a village atmosphere, Chippawa ME offers shops, restaurants and small-scale accommodations to the travelling public. F-4.2.7 Tourist Commercial designation includes three parcels of land, identified on Future Land Use Schedule "A", which are located outside the Tourism orA #63 Districts. These lands are well suited to tourist commercial development Approved of a highway service nature, given their exposure to the Q.E.W. and their Feb. 14/06 accessibility to the travelling public. 4.2.7.1 The site bounded by Lyon's Creek Road, Montrose Road, Reixinger Road and the Q.E.W. will be subject to the following additional policies: (a) Limited prestige industrial uses will also be permitted in this area subject to consideration at a Zoning By-law amendment stage. (b) In order to ensure that the lands are adequately serviced and develop in an orderly fashion, the amending zoning by-law shall include a holding "H" symbol to address the following: (i) The availability of municipal sanitary sewers, water and completion of a satisfactory stormwater management plan. (ii) The completion of a traffic study approved by the Ministry of Transportation and Regional Public Works. (iii) The preparation of an acceptable tree savings plan for the whole of the areas identified on the completed Environmental Impact Study previously submitted or on any follow-up detailed studies such that the connectivity and ecological function of the wooded area is maintained. (iv) The completion of an archaeological study and submission to the Ministry of Culture and Regional Niagara Planning Department. The holding "H" symbol may be removed in whole or in part for each of the above matters independently. 4.2.8 The designation of lands for Tourist Commercial purposes as delineated on Schedule "A" provides for compact growth rather than dispersed development as well as a servicing program aimed at realizing the full potential of each tourist district. Except for minor boundary adjustments, WH no new Tourist Commercial District or major expansion of an existing district is contemplated during the life of this Plan. However, where such development is proposed, an amendment to this Plan may be considered based on need and the submission of the following studies: i) land use study describing the appropriateness of the site for the proposed use, compatibility with surrounding land uses and integration with the established tourist plant; ii) traffic impact study addressing the functionality of roads and necessary upgrades; iii) servicing report outlining the method of accommodating sanitary and storm water systems; and, iv) environmental studies describing any woodlots, fish habitats and watercourses which may be affected by the development. 4.2.9 Residential uses may be permitted throughout lands designated Tourist Commercial either as stand alone or mixed use buildings in order to assist in creating a complete community in accordance with the policies of this section and PART 1, Section 3. CENTRAL TOURIST DISTRICT 4.2.10 The Central Tourist District shall be the primary attraction area for Niagara Falls visitors. Comprised of three subdistricts; Queen Victoria Park, Clifton Hill and Fallsview, the District is regarded as the focal point for the City's tourism activities. The role and function of individual subdistricts are set out in the following policies. Maintaining the delicate balance between commercialism and environmental protection underpins the policies prescribed herein. QUEEN VICTORIA PARK SUBDISTRICT 4.2.11 Municipal land -use regulations do not apply to Queen Victoria Park or other parklands under the jurisdiction of the Niagara Parks Commission as the development of such lands is mandated by the Niagara Parks Act. Nevertheless, the Niagara Parks Commission and the City of Niagara Falls will consult on plans for future harmonious development. 4.2.12 Queen Victoria Park shall be maintained as a high-quality, well -landscaped urban park within which to experience and protect the natural environment of the Falls, the gorge and the Niagara River. Council shall cooperate with the Niagara Parks Commission to ensure that Queen Victoria Park continues to function as the primary attraction and main destination for visitors to Niagara Falls. 4.2.13 The future development focus for Queen Victoria Park shall be on non - intrusive facilities which interpret and/or enhance "the Falls experience". 2-31 New buildings and structures shall be carefully sited and designed to complement and not detract from the open space and viewing function of the Park. No third -party advertising shall be permitted on any buildings or structures which are visible from the Park. The definition of "third party advertising" and implementation guidelines for existing, approved and future signs will be developed by Council in consultation with the NPC and area landowners. 4.2.14 The City shall encourage the Niagara Parks Commission to make specific improvements to Queen Victoria Park, including but not limited to: a) eliminating large car and bus parking areas at Table Rock; b) narrowing and realigning the Niagara Parkway away from the Niagara River; and, c) reclaiming portions of the Park to the south of Murray Hill and around Table Rock for renaturalization and enhancement of the escarpment landscape. 4.2.15 The City shall cooperate with the Niagara Parks Commission to improve the relationship and access between the City and the Park, including but not limited to: a) improvements to Murray Hill for the purpose of directing tourists between the Park and the City; b) creating additional pedestrian access points between the top of the escarpment and the Park; and, c) constructing and maintaining a People Mover system which services both the City and the Park. CLIFTON HILL SUBDISTRICT 4.2.16 The Clifton Hill Subdistrict shall function as the commercial -entertainment centre of the Tourist Area, preserving its festival atmosphere. A wide range of commercial/entertainment uses shall be permitted including, but not limited to, tourist retail, hotels, restaurants, cafes, nightclubs, museums, art galleries, theatres and other tourist -related uses, all of which provide a pedestrian focus at the street level. The most intensive uses shall be located to the east of Victoria Avenue where a concentration of tourism activities already exists. Tourist -related uses to the west of Victoria Avenue shall provide an appropriate transition and relationship with the adjacent residential and institutional uses located within this Subdistrict. 4.2.17 The Clifton Hill Subdistrict shall maintain a direct connection to Lundy's Lane and provide improved access to the Fallsview Subdistrict through the 2-32 Grand Boulevard concept. The intersection of Victoria Avenue, Ferry Street and the Grand Boulevard shall be distinguished by a public plaza. 4.2.18 New developments within the Clifton Hill Subdistrict shall be consistent with Sections 4.3.6 through 4.3.10 of this Plan with respect to the relationship of new developments to public streets and open spaces and Sections 4.4.2 through 4.4.8 of this Plan with respect to the development's built form. 4.2.19 Given the extensive area encompassed by the Clifton Hill Subdistrict and the large tracts of land occupied by non -tourist serving uses, such as industry, housing and schools, discretion shall be exercised in phasing tourist commercial development into these areas in order to concentrate tourism activities along the streets of Clifton Hill, Victoria Avenue and Ferry Street, and to minimize impacts on existing land uses. To accomplish this phasing, the implementing Zoning By-law shall defer tourism development until expansion is required and adequate services are available. 4.2.20 A comprehensive Streetscape Master Plan for the Clifton Hill Subdistrict shall be undertaken, in cooperation with area BIA's, to provide detailed urban design guidelines and identify detailed streetscape improvements, road and sidewalk widths, sidewalk paving, street lighting, the location and type of street trees, street furniture details, the treatment of public utilities in the street allowance and signage, in order to implement the policies of this Plan. FALLSVIEW SUBDISTRICT 4.2.21 The Fallsview Subdistrict shall function as the primary location for large- scale accommodations, entertainment, retail and cultural attractions. It shall be the primary location for high-rise hotels and multiple family residential developments in the Tourist Area. 4.2.22 The Fallsview Subdistrict shall be better connected to Queen Victoria Park through new and improved pedestrian connections from the top of the escarpment into the Park and enhanced pedestrian designs along the east - west streets in the subdistrict for the purpose of encouraging movement to and from the Park. The Fallsview Subdistrict shall also be better connected to the Clifton Hill Subdistrict and Lundy's Lane Satellite District through the new Grand Boulevard and the extension of Ferry Street. 4.2.23 New developments within the Fallsview Subdistrict shall be consistent with Sections 4.3.6 through 4.3.10 of this Plan with respect to the relationship of new developments to public streets and open spaces and Sections 4.4.2 through 4.4.8 with respect to the development's built form. 4.2.24 A comprehensive Streetscape Master Plan for the Fallsview Subdistrict shall be undertaken, in cooperation with the area BIA, to provide detailed urban design guidelines and identify detailed streetscape improvements, road and sidewalk widths, sidewalk paving, street lighting, the location and type of 2-33 street trees, street furniture details, the treatment of public utilities in the street allowance and signage, in order to implement the policies of this Plan. SATELLITE DISTRICTS 4.2.25 Satellite Districts shall each have a particular characteristic and tourism focus which attracts specific market segments. In order to enhance the quality of the visitor experience within the individual Satellite Districts, clearly defined roles and functions need to be established. The following policies provide this direction. LUNDY'S LANE SATELLITE DISTRICT 4.2.26 The Lundy's Lane District is envisioned over the long term as a primarily tourist commercial corridor existing compatiblywith local -serving commercial facilities and residential uses. 4.2.27 The portion of Lundy's Lane to the east of Montrose Road is intended to function primarily as a community serving and tourist commercial corridor. Residential intensification within this corridor shall be in accordance with Part 1, Section 3.9. 4.2.28 The enhancement of the Lundy's Lane Battlefield site and its retention as a historically important open space together with other related historical uses such as the Lundy's Lane Museum shall be supported. 4.2.29 An attractive streetscape for the Lundy's Lane Satellite District shall be sought through the provision of: a) a uniform building setback, closer to the street line with a consistent landscaped setback; b) a consolidation of vehicular access points on site and with neighbouring properties where possible; and, c) front yard surface parking limited to one row, with additional parking provided to the rear of buildings. 4.2.30 The Lundy's Lane Satellite District interfaces primarily with residential lands north and south. To lessen potential land use conflicts with the residential lands, commercial development shall be designed in accordance with the following: a) screening and buffering is to be provided adjacent to residential lands through a combination of fencing and landscaping; b) loading areas should be located within interior side yards; c) garbage and recycling materials should be stored within fully enclosed 2-34 structures; d) access ramps onto intersecting roads should be located as far from the residential interface as possible; and e) any signage should not be illuminated when facing residential lands. 4.2.31 The following policies shall apply to development proposals for residential intensification within the intensification corridor: a) Residential uses may be in the form of stand alone buildings, located and designed such that they do not interrupt the continuity of the existing tourist commercial development, or as part of multiple use buildings. Within multiple use buildings, commercial uses shall be designed to avoid conflict with residential uses in the building and oriented such that they provide a pedestrian presence along the street. b) Developments shall engage the street through the use of unit frontages, podiums, porte cocheres, landscaping or by locating amenity space within the building close to the street. c) Residential uses may develop to a maximum building height of 6 storeys, with a maximum net density of 100 units per hectare and a minimum net density target of 50 units per hectare. d) Building heights shall respect surrounding building heights site specifically by increasing separation distances from buildings of lower height and from public open spaces. e) Buildings should be sited such that rear yard setbacks are equal to building height and interior side yards are appropriate for the building height proposed in relation to abutting land uses; f) Parking is encouraged to be provided within parking structures that are integrated with the development. Parking structures shall have active pedestrian uses or residential units when abutting street frontages. g) Where surface parking is provided, the parking area should be located in the rear or interior side yard. The parking area shall also have a landscaped perimeter of a depth and intensity that at maturity effectively buffers it from adjacent uses and streets. h) Reductions in the parking standard, and shared parking arrangements within multiple use buildings, may be considered through site specific amendments to the Zoning By-law when accompanied by a parking demand analysis that is satisfactory to the Director of Planning, Building and Development in consultation with Transportation Services. i) Developments should provide pedestrian connections to the surrounding neighbourhood where possible. 2-35 j) Amenity space is to be provided for residential uses and may take the form of: • private on-site green space; • balconies and roof -top green space; or • public open space, in proximity to the subject development, or cash -in -lieu, pursuant to the provisions of the Planning Act, that will assist in the creation of public open space in the District. 4.2.32 New developments within the Lundy's Lane Satellite District shall be consistent with Section 4.3.7 of this Plan with respect to the relationship of new developments to public streets and open spaces and Sections 4.4.2 through 4.4.8 with respect to the development's built form. 4.2.33 A comprehensive Streetscape Master Plan for the Lundy's Lane Satellite District shall be undertaken, in cooperation with area BIA'S, to provide detailed urban design guidelines and identify detailed streetscape improvements, road and sidewalk widths, sidewalk paving, street lighting, the location and type of street trees, street furniture details, the treatment of public utilities in the street allowance and signage, in order to implement the policies of this Plan. WHIRLPOOL SATELLITE DISTRICT 4.2.34 The Whirlpool Satellite District shall function as a gateway to the City of Niagara Falls. The focus of new developments shall be on tourist commercial uses which enhance the existing sightseeing and recreational uses on the Niagara Parkway. Land uses shall include additional recreational and sightseeing opportunities, accommodations, restaurants, gift and souvenir shops, bicycle and sports equipment rentals, and other related uses. 4.2.35 New developments in the Whirlpool Satellite District shall be of a form compatible with the district's natural areas and the existing residential scale and character. Applications for additional height shall be considered having regard to Sections 4.4.2 through 4.4.8. 4.2.36 The Niagara Glen -View Tent & Trailer park represents a significant redevelopment opportunity. The future use of this property shall be considered within the context of a specific and comprehensive development application brought forward by the property owner having regard to the policies of this Plan. Height restrictions shall be appropriate to the redevelopment, but shall not exceed the maximum allowed in the Central Tourist District. 2-36 RIVER ROAD SATELLITE DISTRICT 4.2.37 The River Road Satellite District shall function as a residential area where Bed & Breakfast accommodations are permitted so long as the residential character of the area is maintained. 4.2.38 No commercial uses shall be permitted in the River Road Satellite District. CHIPPAWA SATELLITE DISTRICT 4.2.39 The Chippawa Satellite District shall be developed in a manner which enhances its role and function as a historical village. Development shall be restricted to small-scale commercial and residential uses which relate to and respect the existing fabric of the village and respond to its historical setting. 4.2.40 The enhancement of the Chippawa Battlefield Site and its retention as a historically important open space shall be encouraged, as shall the provision of additional historically -related uses. 4.2.41 New developments in the Chippawa Satellite District shall be no more than 4 storeys in height and designed in a manner which is compatible with the historic village character. 4.3 THE PUBLIC REALM 4.3.1 The physical setting of the Niagara Falls tourist area requires upgrading and renewal to reflect an internationally significant tourist destination image. In order to do this, a high quality public realm must be created consisting of generously landscaped streets, open spaces, parks and gateways. Public and private development will occur within this new planning framework. GATEWAYS 4.3.2 A series of Entrance Gateways shall be created, as identified on Fig. 1. Entrance Gateways shall be located at main entry points in order to welcome visitors to Niagara Falls. Entrance gateways shall direct visitors to the City's Tourist Districts and provide information as to the various attractions and commercial functions available. F-4.3.3 A series of Landscaped Entry Points shall be created, as identified on Fig. 1. Landscaped Entry Points shall be located at important intersections O.P.A. #79 along Stanley Avenue which provide direct connections to the escarpment, Approved Queen Victoria Park and the Falls and also to highlight the heritage of the May 2008 Historic Drummondville Area along Main Street at the intersections of Lundy's Lane and Murray Street and at the Hydro Corridor where it meets Ferry Street. To assist in the orientation of visitors, directional signage, display panels and information kiosks shall be incorporated into the design of landscaped entry points. 2-37 4.3.4 Gateways and landscaped entry points will be constructed as part of a tourist area greening programme and will be designed to visually attract visitors through distinctive landscaping, paving and lighting. 2-38 Figure 1 - Gateways Entrance Gateway Located at Whirlpool a a0 a ago � 00 flaa Ferr Str Entrance Gate ay Located at Drummo d Roa asRabins ly� _ Way a Gateways Located Gateway LEGEND �L d ak Marineland Parkway OEntrance Gateway 0 Landscaped Entry Point Falls Access Plenniny &Deveb­toepanment ICISouica�aalShapss10P16 P_Flguies Sep[em�2CC9 2-39 CIRCULATION SYSTEM AND STREETSCAPES 4.3.5 Streets are a vital part of the public open space system. Streetscape improvements shall be used as a means to create a high-quality public realm. Council shall adopt design criteria for each street type in the Tourist Area to guide the public improvement of these streets as well as adjacent private development. 4.3.6 The Grand Boulevard concept, as set out in Sections 4.1.13 through 4.1.17 of this Plan and identified on Fig. 2, shall be created. Council shall ensure that public improvements and new developments along this new public street are consistent with the Design Criteria for the new Grand Boulevard. 4.3.7 Entry Corridors, as identified on Fig. 2, shall be designated as the main points of access through which visitors arrive at the Niagara Falls Tourist Area. Entry Corridors shall be automobile -oriented streets whose main purpose is to accommodate vehicular traffic within an attractive, sign -posted and landscaped streetscape. Council shall ensure that public improvements and new developments are consistent with the Design Criteria for Entry Corridors. 4.3.8 Retail Streets, as identified on Fig. 2, shall be designated as comfortable and animated places which offer a variety of activities, amenities and experiences to pedestrians. Council shall ensure that public improvements and new developments abutting such streets are consistent with the Design Criteria for Retail Streets. 4.3.9 A network of pedestrian -related east -west streets shall be designated as Falls Access Streets, as identified on Fig. 2, which lead from the commercial uses at the top of the escarpment to access points to and from Queen Victoria Park. Falls Access Streets shall encourage pedestrian circulation with a variety of experiences. Buildings built to the street with publicly accessible uses at grade as well as attractively landscaped setbacks are considered to be appropriate. Council shall ensure that public improvements and new developments abutting such streets are consistent with the Design Criteria for Falls Access Streets. 4.3.10 Council shall ensure that public improvements and new developments abutting all streets in the Tourist Area not otherwise designated on Fig. 2, help improve the physical setting of the Tourist Area through streetscape improvements such as reconstructed sidewalks, the planting of street trees, and landscaping treatment. The details of these improvements shall be outlined in Streetscape Master Plans. NE,M Figure 2 - Street System a� D� moa \t Additional Entry Corrid r from Drummond RoarQ a CD R Q - it TJ z i� 4 A — oQ Additional Entry Corridor from Marineland Parkwo Street System LEGEND Entry Corridor Grand Boulevard Falls Access Retail Street MEAN OPEN SPACE SYSTEM 4.3.11 The City's vision of becoming an international tourist destination shall be achieved through the upgrading and improvement of the physical plant. Improvements to the public realm include the provision of public plazas, landscaped open spaces and streetscape greening programmes as illustrated on Fig. 3. 4.3.12 A continuous publicly -accessible landscaped trail shall be created along the top of the escarpment from Clifton Hill to the southern end of Fallsview. Details regarding the location of the escarpment trail will be incorporated into a Streetscape Master Plan for the area. 4.3.13 New and improved pedestrian connections shall be developed between Queen Victoria Park and the top of the escarpment, as generally illustrated in Fig. 3. 4.3.14 Open Space improvements around the new casino development site, as illustrated in Fig. 3, shall be pursued as part of the new casino development. 4.3.15 To assist in the greening of the public realm, all development and redevelopment in the tourist area will contribute to the development and improvement of public open spaces pursuant to Section 42(6) of the Planning Act. Contributions shall be maintained in a specially identified Parkland Dedication Account for each Tourist District and all expenditures shall be made by Council in consultation with the Business Improvement Area Association for the particular Tourist District. 4.3.16 Where lands designated as Open Space or Pedestrian Paths on Fig. 3 are in private ownership, this Plan shall not be construed as implying that such areas are free and open to the general public or will definitely be purchased by the municipality. It is the long term objective of Council, in such cases, to make it best efforts to seek such public access or dedication in relation to a specific development or redevelopment application. MEAN Figure 3 - Open Space Plan 2-43 4.4 HIGH-QUALITY PRIVATE DEVELOPMENT 4.4.1 High-quality private developments which complement and enhance the public realm shall be encouraged. To do this, Council shall establish a set of built -form regulations consistent with Section 4.1.24 of this Plan. BUILDING HEIGHTS 4.4.2 Building heights throughout the tourist area shall be restricted to four storeys in accordance with the provisions of the Zoning By-law. Council shall consider the allocation of additional building heights through site specific Zoning By-law amendments up to the maximum height set out in Fig. 4 and section 4.4.3. The maximum height shall be allocated if a proposed development meets the following criteria; a) the applicant has submitted all required rezoning information; b) the applicant agrees to provide sidewalk and streetscape improvements in accordance with Section 4.4.4; c) in cases where buildings exceed 10 storeys, the applicant has submitted requisite wind and shadow studies and has completed an architectural peer review; and d) the proposed development, in the opinion of Council, adheres to the intent of this plan and applicable design criteria." 4.4.3 In order to provide reasonable flexibility in the regulation of building heights, general parameters for building heights will be established rather than strict height limits. In this regard, the following parameters will apply: High-rise 13 to 30 storeys Medium -rise 9 to 12 storeys Low-rise 5 to 8 storeys 4.4.4 In approving zoning by-law amendments permitting increases in building heights, Council shall authorize the use of Section 37 of the Planning Act and enter into legal agreements under that Section to ensure that all street frontages are improved including sidewalks, the planting of street trees, the provision of street furniture and the provision of landscaped open space. 2-45 4.4.5 By virtue of allowing high-rise buildings, design controls need to be established to ensure that they do not create adverse impacts, such as extensive shadowing on residential areas, public streets and open spaces, encroachment on the views of other landowners and the creation of severe wind impacts at the street level. Council will be guided by studies submitted in support of new development applications to ensure that high quality building designs are achieved with minimal environmental impacts. MASSING OF NEW DEVELOPMENT 4.4.6 High-rise developments shall not overwhelm the public realm, nor shall they collectively create a solid wall at the top of the escarpment. The intention is to permit tall buildings to be built but to reduce their massing and visual impact as they become taller and to provide appropriate gaps between them. At lower levels, buildings will be permitted to develop to the property line in order to enhance street level activities. 4.4.7 Additional skyline elements compete with the Falls for visual attention and should be added with great care. To this end, Design Criteria for High Rise Buildings shall be implemented for all development projects over four storeys in height based on the following principles. a) to ensure that buildings are designed to add distinct and interesting features to the Niagara Falls skyline; b) to ensure that new developments enhance the pedestrian environment at the street level by reflecting a pedestrian -scale design; c) to ensure that high-rise buildings are appropriately set back and stepped back from the street level in order to mitigate adverse wind impacts and excessive shadowing on City streets; d) to ensure that building mass is reduced above the four -storey podium level and again at the 15 -storey level so that no single building dominates the skyline, and that appropriate gaps are maintained between buildings; e) to minimize adverse impacts on residential areas. 4.4.8 Regulating the scale and massing of buildings, as described in policy 4.4.7, will be implemented through the adoption of site specific zoning provisions for individual development projects. 4.5 PARKING 4.5.1 In order for the local business community to realize the full benefits of tourism, an integrated visitor circulation system needs to be established. Such a system should be designed to accommodate large numbers of visitors who have parked their cars for the day to explore the City as pedestrians. The following parking strategies shall be pursued in order to meet this overall objective: a) Parking shall be distributed throughout the Tourist Area with parking lots of various sizes. Large parking facilities shall be strategically located at major attractions where tourists can easily use other modes of travel, including walking to reach a range of tourist destinations; b) The availability of parking at Table Rock contributes to short lengths of stay by visitors. The City shall work with the Niagara Parks Commission to find parking alternatives which will allow for the reduction of vehicle and bus parking at Table Rock; and c) Remote parking lots, serving only casinos, shall not be permitted unless connected to the people mover system. 4.5.2 With the establishment of a people mover and structured parking facilities en route, parking requirements for individual retail or entertainment uses may be reduced. A review of City parking requirements, as they apply within the Central District, will be undertaken as part of a Transportation Master Plan update. F— 4.5.2.1 The City completed a parking demand study in 2009 to review the parking requirements of restaurants, retail stores, O.P.A. #103 motels, hotels, museums and theatres in the Clifton Hill and Approved Fallsview Tourist Districts, as shown on Schedule E to this sept u, 2012 Plan. The parking demand study determined that the Clifton By -Law #2012-83 Hill and Fallsview Tourist Districts, as shown on Schedule E to this Plan, are unique compared to other areas in the City because of the high number of day trips and overnight visitors who park once and make multiple stops while walking through the districts. Based on the 2009 parking demand study, the City may establish specific parking requirements to be implemented in the Zoning By-law for the Clifton Hill and Fallsview Tourist Districts, as shown on Schedule E to this Plan. 4.5.2.2 When implementing parking requirements for the Clifton Hill and Fallsview Tourist Districts, as shown on Schedule E to this Plan, the City may provide the option for land owners to use the parking requirements which applied to their land as of June 1, 2011, or the requirements based on the 2009 parking demand study, but not a combination of both. The City will not support minor variances to establish such a combination. PAEAN Figure 5 - Parking Area Subject to Policy 4.5.2.3 .• 4.5.2.3 While it is the intent of this Plan to ensure that adequate off- street parking is provided for all development, consideration may be given to the elimination of parking requirements for non -accommodation uses within the area shown on Figure 5. Exemption from parking requirements shall be implemented through an amendment to the Zoning By-law. 4.5.3 With the emphasis of this Plan on improving the public realm, it is important that parking facilities be designed in an aesthetically pleasing manner. The following design strategies will be adopted: a) As parking areas are highly visible and tend to detract from the pedestrian environment, this Plan encourages active uses other than parking at the street level; b) Where surface parking is provided, it shall be screened from the public street by appropriate setbacks and landscaping; c) Where structured parking is provided, publicly -accessible uses should be incorporated at grade level to enhance the street environment. Alternatively, setbacks and landscaping shall be provided to visually screen the parking structure; and d) Parking lots and structures shall be designed in accordance with the City's Design Criteria for Parking Areas. Clu�* UW_1ki111161[rlILVA IUA4►Ti14kikIf_AILORI I 4.6.1 A set of built -form zoning regulations and design criteria shall be established by Council, consistent with Sections 4.4.1 through 4.4.8 of this Plan, which will ensure that all new buildings contribute to creating an appropriate skyline for Niagara Falls. 4.6.2 A timely and efficient approval process shall be established for development applications, which is made clear to applicants and allows Council to properly evaluate proposals in the context of the policies contained in this Plan. 4.6.3 It is recognized that some buildings and structures already exist which may not fully comply with the policies of Part 2, Section 4. Such developments shall be deemed to comply with the extent of the existing development. a) Any proposal to enlarge, increase or otherwise expand such facilities or any proposal to replace such existing developments shall satisfy the intent of these policies. 2-49 ZONING BY-LAW AMENDMENTS 4.6.4 Given the focus of this Plan on built -form regulations and the greening of the Tourist Area, applicants for rezoning shall be required to submit a detailed set of prescribed information, describing the proposed building, site planning and landscaping. Council shall prepare a Rezoning Application Guide, which will set out in detail the full requirements of any applicant for rezoning in the Tourist Area. 4.6.5 A one-stop approach shall be established for processing applications in the Tourist Area. To do this, applications for amendments to Zoning By-laws and Site Plan Approval may be considered by City Council at the same time. In any event, applicants will be required to submit all information in sufficient detail for Site Plan Review at the same time as a Rezoning is submitted. SITE PLAN APPROVAL 4.6.6 The area comprising the Tourist Area, as shown on Schedule E, shall be designated as a site plan control area under Section 41(2) of the Planning Act. 4.6.7 No building permit shall be issued in respect of any development in the Tourist Area unless Council has approved the required drawings and the required agreements are executed and registered on title. Agreements may include, but are not limited to: a) access ramps, curbs and signage; b) parking, loading and driveway areas and their surface treatment; c) pedestrian walkways and ramps, including surface treatment lighting; d) walls, fences, landscaping and buffering; e) garbage storage facilities; f) easements for the construction and maintenance of public services and utilities; g) grade and site drainage; h) site servicing; and, i) road widenings. ARCHITECTURAL PEER REVIEW 4.6.8 All Zoning By-law Amendment applications for buildings or structures greater than 10 storeys shall be required to undergo a process of Architectural Peer Review for the purpose of ensuring that the design objectives of this Plan have been met. 4.6.9 The City shall retain design and/or architectural professionals for the purpose of undertaking Architectural Peer Reviews based on the design 2-50 objectives and criteria contained in this Plan. The Architectural Peer Review process shall have a limited time frame for its completion and the costs of same shall be paid by the applicant. 4.6.10 Proponents of development or redevelopment plans within Tourist Districts adjoining Niagara Parks Commission property shall, pursuant to section 34 (10.2) of the Planning Act, complete the Architectural Peer Review process prior to making formal application for a zoning by-law amendment. The report of the Peer Review panel shall form part of the application. OFFICIAL PLAN AMENDMENT 4.6.11 Applications will be considered for Official Plan amendments for proposed developments in excess of the 30 -storey height limit set out in this Plan. The amendment application shall be supported by one or more reports prepared by a professional urban designer, land use planner or architect in order to address the manner in which the proposed development, at a defined building height, will maintain the built form objectives set out in policies 4.1.23 and 4.1.24. Further, such a report or reports shall demonstrate that no significant adverse impacts will be created because of the proposed development and its additional height. Issues to be addressed shall include extensive shadowing on residential areas, public streets and green spaces, encroachments on the views of the Falls of other landowners and the creation of severe wind impacts at street level. O.P.A. #44 Approved a) Pursuant to the foregoing and notwithstanding Policy 4.4.3 of this Sept. 2002 Section 4, a hotel building not exceeding a height of 36 storeys will be permitted on the lands described as Part 1, Reference Plan 59R- 11398 and as labelled on Figure 4. O.P.A. #56 Approved b) Notwithstanding the provisions of PART 2, section 4.4.3 and further to March 2005 the provisions of PART 2, section 4.4.4 and PART 4, section 4.5.1, Council may pass by-laws to permit an addition to the existing 15 and 32 -storey hotel located on a 0.89 hectare parcel on the southwest corner of Fallsview Boulevard and Murray Street, through to Stanley Avenue, consisting of: i) one hotel tower to a maximum building height of 172 metres and a podium comprised of convention centre facilities, a theatre, a four -level parking structure and associated ancillary pedestrian -scale uses; and ii) a gross floor area not exceeding 130,000 square metres, of which a maximum 2,600 square metres is to be used for convention centre facilities. Subject to this specific development policy, the following services, 2-51 facilities and matters shall be provided under section 37 of the Planning Act for any building in excess of 30 storeys: i) the contribution of facilities and/or funds to the City, in the amount of $1,200,000, to be used for the capital facilities of one or more of the following projects as determined by Council: • Approved arena project • Millennium Trail project • Hyrdo corridor trail and buffering project • Niagara Falls Community Centre project ii) the restriction of the use of the theatre for hotel and convention centre patrons only; iii) the construction of the on-site parking garage to accommodate parking stackers in the event of closure of the Allendale parking lot at the discretion of the City of Niagara Falls and/or the Jungleland parking lot in accordance with drawings and text to be attached to the section 37 agreement; iv) the restriction of the parking levels within the on-site parking garage to valet parking only; and v) the provision of the architectural design including, but not limited to, surface articulation, exterior materials, roof structure and pedestrian -scale uses, satisfactoryto the Architectural Peer Review Panel and the Director of Planning and Development. Such services, matters and facilities shall be described in the implementing zoning by-law and secured through appropriate legal agreements executed under section 37 of the Planning Act to the satisfaction of the City prior to the passing of the implementing zoning by-law. In order to provide for the implementation of these policies, the section 37 agreements and site plan agreements shall be executed by the applicant and be ready for registration on title by the City Solicitor prior to the passage of the amending zoning by-law. Fc) Notwithstanding the provisions of PART 2, sections 4.1.23 and 4.4.3 and further to the provisions of PART 2, section 4.4.4 and PART 4, O.P.A. #61 section 4.5.1, Council may pass a by-law to permit a development on Approved a 0.2 hectare site on the north side of Falls Avenue between Clifton Hill sepr.2005 and Bender Hill, consisting of one combined hotel and observation tower to a maximum building height of 230 metres, including observation levels and ancillary uses normally associated with the hotel, and a gross building area not exceeding 61,771 square metres. 2-52 Subject to this specific development policy, the following services, facilities and matters shall be provided under an agreement pursuant to section 37 of the Planning Act for any portion of the building in excess of 30 storeys: i) the contribution of facilities and/or cash to the City, in the amount based on the cost of construction per square metre X the area of each floor capable of being occupied above 30 storeys X 5%, to be used for the capital facilities of one or more of the following projects as determined by Council that are beyond those that would otherwise be provided under the provisions of the PlanningActorthe Development Charges Act: • Approved arena project • Projects approved under a Master Community Improvement Plan such as the Downtown Arts Centre project • Millennium Trail project • Hydro Corridor trail and buffering project ii) the provision of an architectural design for both the hotel and observation tower including, but not limited to, surface articulation, exterior materials, roof structure, pedestrian -scale uses, and design of the public realm satisfactory to the Architectural Peer Review Panel and the Director of Planning and Development. Such services, matters and facilities shall be described in the implementing zoning by-law and secured through appropriate legal agreements executed under section 37 of the Planning Act to the satisfaction of the City prior to the passing of the implementing zoning by-law. In order to provide for the implementation of these policies, the section 37 agreement and the site plan agreement shall be executed by the applicant and be ready for registration on title by the City Solicitor prior to the passage of the amending zoning by-law. Fd) Notwithstanding the provisions of PART 2, sections 4.1.23 and 4.4.3 and further to the provisions of PART 2, section 4.4.4 and PART 4, O.P.A. #90 section 4.5.1, Council may consider passing a by-law to permit a Approved development on a 3.03 hectare site on the east side of Stanley Sept.2009 Avenue, south of Livingstone Street, consisting of three hotel and/or Appeal Dismissed by OMB, as residential condominiums to a maximum building height of 32 storeys amended by OPA for the southern tower, 57 storeys for the central tower and 42 storeys #101, approved for the northern tower. Sept. 11, 2012 2-53 The additional height above 30 storeys is in return for: retaining, conserving and/or restoring the former Loretto building as per the requirements of its new use on the lands and; retaining and conserving the portion of the site running north/south in an alignment to the east of the existing building. The specific dimensions to be determined at the Zoning By-law amendment stage. Any application to amend the Zoning By-law to permit one or more of the said towers shall be accompanied by a heritage impact assessment, in conjunction with the provisions of PART 3, sections 3.2 and 3.2.19, undertaken to determine the significance of the building and lands and what actions are required to minimize or mitigate any adverse impacts. Further, any application to amend the Zoning By-law to permit one or more of the said towers shall be accompanied by the following studies: a shadow impact assessment, pedestrian level wind study, transportation impact study, tree inventory and tree saving plan, an archaeological study and an architectural peer review report. Subject to this specific development policy, the following services, facilities and matters shall be provided under an agreement pursuant to Section 37 of the Planning Act for any portion of the buildings in excess of 30 storeys: i) the contribution of facilities and/or cash to the City, in the amount based on the cost of construction per square metre multiplied by the area of each floor capable of being occupied above 30 storeys, multiplied by 5%, to be used for capital facilities of one or more projects as determined by Council that are beyond those that would otherwise be provided under the provisions of the Planning Act or the Development Charges Act and secured through an agreement. The City of Niagara Falls has a set of urban design guidelines for buildings over 10 storeys in height. These guidelines shall be adhered to for the three building towers. In light of the site's prominent location and to prevent a built wall, the following policies shall apply to any hotel/residential condominium development on this site: i) have clearly defined podiums, which engage the pedestrian, that are designed to animate and define street(s), this can be accomplished by placing podiums to street frontage and/or through landscaping at lot frontage; ii) coordinate with adjacent buildings, driveways and parking spaces as much as possible; 2-54 have podium no taller than 5 storeys and 21 metres; have towers setback a minimum of 3 metres from the street; have towers with a maximum building floor plate of 1,700 square metres (excluding open balconies) for the mid -tower section (between the podium and the 15th floor) and of 1,115 square metres (excluding open balconies) for the upper tower section (above the 15th floor); have towers with length to width ratios of under 1:2.6 for the mid -tower section and of 1:1.5 to 1:1.8 for the upper tower section; i) have a minimum separation distance of 25 metres between the upper tower portions on the same site and 10 metres between upper tower portions and any interior side lot lines; and viii) supply all required parking on-site, preferably in below grade parking garages and/or parking garages within the 5 storey podium with commercial uses at grade where it abuts a street lot line. F e) Notwithstanding the policies of PART 2, section 4.4.3, and further to the policies of PART 2, section 4.4.4 and PART 4, section 4.5.1, the O.P.A. #105 development of a hotel and associated ancillary uses may be Approved permitted on the lands bounded by John Street, River Road, Rainbow Dec 11, 2012 Bridge and Blondin Avenue. The development may consist of: i) not more than two towers, neither of which shall exceed 61 storeys and 229 metres in height; ii) a podium set beneath each tower; and iii) a total floor area of 138,000 square metres, inclusive of structured parking and excluding any pedestrian linkages across any road allowance. The amending zoning by-law shall specifically regulate the development in terms of permitted uses, building heights, tower separation distances and setbacks, floor areas and parking. Subject to this specific development policy, the following services, facilities and matters shall be provided under an agreement pursuant to section 37 of the Planning Act for any portion of the building in excess of 30 storeys: 2-55 i) the contribution of facilities and/or cash to the City, in the amount based on the cost of construction per square metre x the area of each floor capable of being occupied above 30 storeys x 5%, to be used for the capital facilities of one or more of the following project as determined by Council that are beyond those that would otherwise be provided under the Planning Act or the Development Charges Act: • Downtown revitalization projects • Proposed extension of Olympic Legacy Trail over Highway 420 (bridge) • Sylvia Place Market • Sanitary and/or storm sewer system improvements necessary to service the Downtown area the provision of an architectural design for both the hotel tower and podium components, including, but not limited to, surface articulation, exterior material, roof structure, pedestrian -scale uses, and design of the public realm satisfactory to the Director of Planning, Building & Development. Such services, matters and facilities shall be described in the implementing zoning by-law and secured through appropriate legal agreements executed under section 37 of the Planning Act to the satisfaction of the City prior to the passing of the implementing zoning by-law. In order to provide for the implementation of these policies, the section 37 agreement shall be executed by the applicant and be ready for registration on title by the City Solicitor prior to the passage of the amending zoning by-law. 2-56 PART 2 - LAND USE POLICIES SECTION 5 - RESORT COMMERCIAL PREAMBLE Lands designated Resort Commercial provide a land use reserve for future large scale travel generators in the form of themed attractions, destination resort developments, golf courses, campgrounds, open space and recreation uses. Such land uses will be low intensity in nature and shall be designed to complement the major attractions and visitor services located in the urbanized tourist commercial districts. GENERAL POLICIES 5.1 It is an objective of this Plan to promote tourism development within the City's tourism districts. The concentration of tourist commercial land uses within designated tourism districts shall be promoted in accordance with the policies set out in Part 2, Section 4 of this Plan. 5.2 The development of Resort Commercial lands will be permitted as warranted by future demands for large scale themed attractions and/or other destination type travel generators which require large tracts of land and cannot be accommodated in tourist commercial areas. 5.3 Hotel and motel facilities, restaurants, and other visitor services will be permitted to establish as ancillary uses, subordinate to the principal attraction. The location and size of such facilities will be carefully regulated in order to complement, not compete with, similar uses located in tourist commercial areas. 5.4 Development within the Resort Commercial designation shall be undertaken in an environmentally sensitive manner having regard to the areas' natural and scenic attributes; more particularly: 5.4.1 Adequate provision will be made to preserve the scenic qualities of the Welland River and its shorelines when development proposals are considered. 5.4.2 Lands immediately adjacent to the Welland River should be preserved and developed as a scenic parkway incorporating pedestrian walkway and bicycle path facilities. 5.4.3 Environmentally sensitive areas including woodlands, wetlands and fish habitats need to be protected through proper building orientations, setbacks and complementary landscaping, appropriate storm water management and erosion and sediment control measures. 2-57 5.4.4 In order to effectively safeguard the environment, all development will be subject to site plan control. 5.5 Lands designated Resort Commercial provide a land reserve for future tourism development. In this regard, a development holding zone will be established as an interim land use control. 5.6 Development will be permitted through amendments to the Zoning By-law. Applications to amend the Zoning By-law shall be accompanied by supporting studies demonstrating methods of servicing, environmental and traffic impacts. 2-58 PART 2 - LAND USE POLICIES SECTION 6 - THEME PARK - MARINELAND PREAMBLE Marineland is a themed attraction area located in south Niagara Falls. With its focus on family entertainment, Marineland provides a wide variety of amusement and recreational facilities. The Marineland Theme Park is delineated on Schedule A. The policies of this section apply to the Marineland Theme Park. 6.1 Marineland is a large scale themed attraction which serves as a major travel generator. The progressive development of Marineland into a full-day, and ultimately a year-round attraction, would contribute significantly to the tourism plant by expanding the product offering and lengthening the stay of visitors. To aid in its development, a separate land use designation has been created which recognizes the lower intensity use of a theme park. 6.2 Marineland focuses its operation on family entertainment. Predominant facilities include theatres, exhibits, aquariums, botanical and zoological gardens, amusements, mechanical rides, eating establishments, retail space, and a variety of ancillary visitor services. This major amusement and recreation facility, with it specialized development theme, is highly complementary to the visitor services and facilities located within other tourism districts. 6.3 In order to reinforce the complementarity of tourism districts, Marineland's role as a themed attraction and secondary travel generator should be continued. An expansion of this role to include accommodation facilities may be appropriate in time as Marineland achieves the status of a full-day attraction. To this end, Council may consider amendments to the zoning by-law to permit accommodation facilities within the theme park. A specific Tourist Commercial zoning by-law amendment will be required to establish the precise size and location of such accommodation facilities. 6.4 Expansion plans for Marineland provide for a phased programme of development. In order to ensure that such plans are compatible with adjacent land uses and do not impact on municipal services, the following policies will apply: 6.4.1 Provisions will be included in the zoning by-law to ensure that building heights, setbacks from property lines and peripheral landscaping provide a compatible interface between the theme park and adjacent land uses. Building forms of a medium to high-rise nature are suitable within the theme park area. 6.4.2 Engineering studies addressing traffic, fire protection, water and sewer servicing requirements undertaken by Marineland, commensurate with any major expansion programme which would affect municipal streets and/or services will be submitted to the City. 2-59 6.5 The establishment of an integrated transportation system which fosters links within and between the City's tourism districts is a key objective of this Plan. Marineland will be included in the planning and development of this transportation system. 2-60 PART 2 - LAND USE POLICIES SECTION 7 - GOOD GENERAL AGRICULTURE ;jN111LY, 1:14:4 The lands within the Good General Agriculture area of the Municipality represent a blend of agricultural uses and natural areas. The area boasts a wide range of active agricultural uses including tender fruit and vineyards, vegetable and field crops, hay and pasture and livestock operations. This area is also characterized by some limited non-agricultural, recreational and agriculturally related uses. Interspersed with the agricultural uses are natural areas including creeks, wetlands and woodlots. It is the intent of this Plan to protect the continuation of farming operations by providing a range of agriculturally related uses that support and enhance the agricultural industry. It is also the intent of this Plan to restrict the establishment of non-farm uses and minimize land use conflicts in favour of agriculture wherever possible, while protecting the natural environment consistent with the Provincial Policy Statement and the Regional Policy Plan. POLICIES 7.1 The predominant use of land in the Good General Agriculture Area will be for agriculture of all types including crop farming, tender fruit and vineyards, dairy farming, livestock operations including equestrian activities, nurseries, and intensive greenhouse as well as agricultural value retention uses, forestry, conservation uses and farm related residential dwellings. Uses of land not related to agricultural uses will not be permitted in the Good General Agriculture Area except as provided for in this Plan. 7.2 Secondary uses that provide farm diversification opportunities related to the agricultural or residential use of lands within the Good General Agriculture designation such as a home industry, value added uses, agritourism uses or uses ancillary to an existing residential dwelling such as a home occupation or a bed and breakfast facility can offer financial assistance to land owners in the agricultural area and, in the case of bed and breakfast facilities, provide an alternative form of accommodation for the City's tourism industry. These secondary uses may be permitted where it can be demonstrated that they are compatible with and retain the agricultural, rural or rural residential character of the Good General Agriculture Area. To ensure compatibility, secondary uses shall remain designated and zoned for agricultural or rural purposes and be in compliance with other policies of this Official Plan. The ancillary uses shall not have associated outside storage of materials or hinder the surrounding agricultural uses in terms of noxious odours, noise or traffic and shall provide adequate on-site parking as outlined in the City's Zoning By-law. The severance of an ancillary use is not permitted. MOON 7.2.1 In addition to the above: i) A home industry shall be small in scale and remain secondary to the agricultural or residential use of the property and shall be subject to a site specific Zoning By-law amendment. ii) A home occupation or a bed and breakfast facility shall be carried on entirely within the residence and remain secondary to the residential use of the property. iii) Bed and breakfast facilities shall be operated by a permanent resident of the existing dwelling and shall have a maximum of 6 guest rooms. The facilities shall be carefully regulated through a Zoning By-law amendment as to their location, size and traffic generation in order to minimize potential disturbances to adjacent properties and to ensure that the private sewage disposal system can accommodate the increased sewage loading to the satisfaction of the Regional Public Health Department. 7.2.2 Value added uses are small scale uses related to the current on-site farming activity or surrounding farm operations that support farming and adds value to the agricultural products through processing, sales or distribution involving: Production i.e. the processing of agricultural products such as wineries, cideries, canneries, bakeries, cheese, abattoirs; or Marketing i.e. methods of increasing sales of raw and/or processed farm products such as road side stands, farm markets, limited retail sales of items that implement the farm products, or agri-tourism; or Support i.e. uses that provide for day to day farming such as: machinery repair, seed supplies and other uses that are not appropriate for urban areas. (a) Value added uses are to remain secondary to the principal farm activity and operated on behalf of the individual and/or corporation farming the lands. i) These uses will be permitted as -of -right through the City's Zoning By-law. ii) The maximum size of any structure or floor areas related to value added uses may be defined in the implementing zoning by-law. iii) Uses that exceed the maximum size provisions of the Zoning By- law or that pose a potential conflict or concern regarding: 2-62 • off-site conflicts on traffic or normal farming operation; or • water and effluent usage (the use can be accommodated on private water and sewage treatment systems); or • impacts on utilities or infrastructure such as roads or energy services. shall be subject to a site specific Planning Act amendment which will be evaluated based on the following criteria: • the appropriateness of the use for the agricultural area and its requirement to be located close to the agricultural use of the property it is intended to support and complement; • compatibility with existing and future farm operations both on and adjacent to the property; • the appropriateness of scale with regards to lot size and farming activity; • consistency with and maintenance of the character of the agricultural area; and • acceptable mitigation of off-site conflicts. 7.2.3 Agri -tourism uses are uses that invite visits to a working farm operation for the purpose of enjoyment, education and active involvement in the activities of the farm operation. They are dependent on the product of the farm operation and are therefore considered secondary to the farming activity. 7.2.3.1 Agri -tourism uses that are permitted as of right may include, but are not limited to: hay or corn mazes, hay or sleigh rides, petting zoos, farm tours, processing and farming demonstrations, pick - your -own operations, working holidays and similar uses. 7.2.3.2 An agri-tourism use that is not agriculturally related but would benefit from a farm location may be considered through a site specific zoning by-law amendment. When presented with such an amendment Council shall consider the following: • the proposed use shall be appropriate for the size of farm and farm operation; at least 50% of the arable land of such farm parcel shall be in active and full agricultural production with higher amounts encouraged; 2-63 • the proposed use shall be operated by the farm or farm family member; • any indoor space required for the use should be limited to 100 m2 and within existing buildings and/or structures on site; • the impact of the operation on neighbouring lands in terms of: noise (sound systems), hours of operation; frequency of events and the control of these impacts under the Municipal Act; • the use of site plan control to address issues such as access, servicing, parking, protection of natural areas and agricultural lands, and setbacks from livestock and adjacent uses. 7.3 Farm related small-scale commercial and industrial uses may be considered where such uses are directly related to and require close proximity to the farm operation which they serve and if it not possible to locate these uses within the designated Urban Area. Such uses will be encouraged to locate where the impact on adjacent uses is minimal and shall be implemented through a site specific zoning amendment within which site design details and limits on the floor space area provisions can be established. 7.4 Uses of land and the creation of lots not related to agricultural uses are not permitted in the Good General Agriculture Area. However, Council may consider a site specific amendment to this Plan to remove land from the Good General Agriculture designation for a non-agricultural use where it has been demonstrated that the use cannot be accommodated in a non-agricultural designation. In addition, the siting of a non-agricultural use shall be supported by qualified evidence demonstrating matters of need for the proposed use over the next 20 years, poor soil capability, suitability of the site for the proposed development, no disruption of natural areas, effects on adjacent properties and financial impact on the City. The requirements of the Provincial Policy Statement and the Regional Niagara Policy Plan also shall be satisfied. All non-agricultural uses satisfying these policy requirements shall be subject to site plan review to regulate the extent of the use and mitigate any impact the use may have on adjacent lands. 7.5 Nothing in this Plan will prohibit the continued operation of legal non -conforming uses of land, buildings or structures in the Good General Agriculture Area. The expansion or enlargement of such uses may also be permitted subject to compliance with the following criteria and Part 4, Section 6 of this Plan. 7.5.1 The expansion/enlargement is considered to be minor in nature having minimum detrimental impact to surrounding uses. 1%40 7.5.2 The expansion/enlargement complies with the Minimum Distance Separation Formula in order to ensure such development is suitably separated from any surrounding livestock operations. 7.5.3 The suitablility of the expansion/enlargement is acceptable to the Regional Public Health Department and/or the Ministry of the Environment with respect to the provision of water and private waste disposal systems. 7.5.4 The expansion/enlargement will not encroach into or interfere with the function of significant wetlands, habitat of threatened or endangered species, areas of natural or scientific interest, significant woodlands and farm drainage systems. 7.5.5 The expansion/enlargement is desirable for the appropriate development or use of the land, building or structure and also maintains the general purpose and intent of the Official Plan and Zoning By-law. 7.6 All development will be expected to depend on private waste disposal systems and private water supply in accordance with the requirements of the Regional Public Health Department and/or the Ministry of the Environment. Municipal sewers or water supply will not be provided within the Good General Agriculture Area except where required to correct an existing health problem as determined by the Medical Officer of Health orwhere there is a clean-up orderfrom the Ministry of Environment. All alternatives to municipal mains for resolving the health concern must be considered. 7.7 The municipality recognizes its role in preserving the agricultural resource base. To every extent possible, the municipality will participate in the policy initiatives and programs of other levels of government aimed at supporting farmers by encouraging new and maintaining existing viable farm operations. In this regard, Council shall promote good farming practices by encouraging vegetative strips along stream banks on ploughed fields, crop rotation and topsoil preservation. 7.8 Notwithstanding the Good General Agriculture designation of this Plan, two existing golf courses located in the northwest portion of the City are hereby recognized as permitted uses. These golf courses are located on Garner Road through to Beechwood Road and south to Lundy's Lane and on Beaverdams Road from Beechwood through to Townline Road. 7.9 In order to maintain and improve agricultural operations, every attempt will be made to encourage the retention and creation of farm units of an appropriate size for the proposed farm use through the following: 7.9.1 The consolidation of small farm parcels into larger units will be promoted. 7.9.2 The establishment of additional permanent or portable farm -related residential dwellings will be permitted without severance forfamily members 2-65 or farm help working full time on the farm, subject to a Zoning By-law amendment. These dwellings may only be permitted on farms which are of a nature that additional help is required and that this assistance needs to be located close by the farm. 7.9.3 Severances will be restricted to avoid the fragmentation of farmland and creation of non-viable farm parcels. Severances will be in accordance with Part 4, Section 8 of this Plan. 7.9.4 Lot creation to accommodate any secondary use under Policy 7.2 is not permitted. 7.10 The Minimum Distance Separation Formulae (MDS) of the Ministry of Agricultural, Food and Rural Affairs, as revised or updated from time to time, shall be applied where a new development or land use change is proposed within the Good General Agriculture Area designation or through a site specific zoning amendment. New dwellings on existing lots of record must also comply with the MDS. 101 PART 2 - LAND USE POLICIES SECTION 8 - INDUSTRIAL PREAMBLE It is the intent of this Plan to provide opportunities for the expansion of existing industry and the stimulation of new industrial growth. To this end, the Plan promotes infilling and redevelopment within established industrial districts in the Built-up Area, as well as the progressive development of lands within the Greenfield Area for new industry and employment uses. In accommodating the changing needs of industry and business growth trends, emphasis will be placed on improved aesthetics and environmental quality, including measures which will safeguard the integrity of adjacent land uses. The proximity of employment uses to residential and other uses is, however, critical in the future growth of the City as a complete community. The contribution of industry to employment and economic growth and diversity is clearly recognized in this Plan. In order to maintain a strong and competitive industrial resource base, programs which provide for the enhancement of industrial districts and the attraction of new firms will be pursued. POLICIES 8.1 The City has a substantial supply of land available for industrial development within the Built-up Area. The redevelopment and intensification of this land supply for industrial and employment uses that are compatible with surrounding land uses is encouraged. 8.1.1 Conversion of brownfield sites to non -employment uses, where the removal of the industrial land is consistent with a Municipal Comprehensive Review, may be considered through an amendment to this Plan where at least one of the following criteria are met: • the reduction or elimination of any long-standing land use compatibility issues with surrounding conforming uses; • provision of affordable housing; • contributing to a mix of housing types and densities in the planning area; or • the provision of facilities that assist in the development of a complete community. 2-67 8.2 The primary uses permitted in areas designated on Schedule "A" as Industrial will be for industry. In this regard, industry is defined as manufacturing, assembly, fabricating, processing, reclaiming, recycling, warehousing, distribution, laboratory and research, and storage. All forms of service industries and utilities are included within this definition. Adult entertainment parlours and body -rub parlours will also be permitted within the industrial designation subject to other policies of this plan. In addition, the following uses may be permitted within Industrial areas, subject to the policies of Subsection 8.8. 8.2.1 Uses that are ancillary to industrial operations including offices, retail and wholesale showrooms and outlets for products produced on the premises. 8.2.2 Commercial services such as, but not limited to, banks, restaurants, convenience retail outlets, material suppliers, which are incidental to the industrial district servicing industries and their personnel. 8.2.3 Corporate and business offices. 8.2.4 Health and fitness facilities, conference centres and private clubs. 8.3 Several categories of industrial land use will be established in the Zoning By-law to accommodate a variety of industrial activities ranging from heavy to prestige use. Moreover, industrial zones will be arranged in a gradation with the lighter, more prestige type industries located near residential areas and other sensitive land uses. In the zoning of lands for industrial purposes, regard will be had to the following objectives. 8.3.1 To group industries with similar characteristics and performance standards. 8.3.2 To provide a suitable environment for industrial operations, free from interference and restriction by other uses. 8.3.3 To minimize potential land use conflicts caused by the indiscriminate mixing of heavier and light industrial types. 8.3.4 To protect adjacent lands, particularly residential areas from the effects of incompatible uses. 8.3.5 General Industrial or Heavy Industrial zones will be separated from residential areas, wherever possible, in order to protect such areas from the effects of noise, heavy traffic and other offensive characteristics. 8.4 Council will entertain amendments to the Zoning By-law to permit the establishment of free-standing offices, recreational and commercial services and other complementary land uses within industrial districts in order to progressively accommodate changing market conditions and new development trends. Such uses, however, will be restricted as to their location, size and extent of operations, having regard to the following. 8.4.1 Industrial districts are not intended to serve a significant commercial function. In this regard, Council will exercise discretion in the rezoning of industrial lands for non -industrial purposes in order to promote industry as the predominant land use. 8.4.2 Frontage lands along controlled access highways and high volume arterial roadways will be preserved for industrial and business uses which require visual prominence and which foster a good impression of the community. 8.4.3 Wherever possible, commercial service and office uses shall be grouped in multiple use buildings and shall not be allowed to proliferate along arterial road frontages. 8.4.4 Commercial and office developments generate higher densities of employment and use by the public. Where such development is proposed, Council will ensure that adequate provision is made for on-site parking, traffic circulation and pedestrian safety. 8.4.5 The integration of industries, businesses and other complementary land uses will be encouraged in business park settings where a premium is placed on aesthetic appeal and environmental quality. GREENFIELD AREA 8.5 Secondary planning within the Greenfield Area shall provide for industrial uses within the individual plan areas so as to assist in the creation of a complete community at the secondary plan scale and ensure an adequate separation distance is provided between residential and other sensitive land uses and heavy industrial uses. 8.6 Employment uses are to be integrated with the overall neighbourhood design and shall be located consistent with the Ministry of Environment D6 Guidelines. The following uses are permitted within secondary plan areas that contain residential and other sensitive land uses: 8.6.1 offices; 8.6.2 government services, research and, training facilities; 8.6.3 facilities for the production of alternate energy sources; 8.6.4 prestige industrial uses, including research and development facilities, communications facilities, and manufacturing and processing of fully processed materials deemed not to be obnoxious by reason of dust, odour, fumes, particulate matter, noise and/or excessive vibrations; 2-69 8.6.5 commercial facilities such as, but not limited to, restaurants, material suppliers, which are incidental to the employment designation industries and their personnel; and 8.6.6 ancillary retail and service uses which shall not exceed 450 square metres in gross floor area and only where internally integrated as a component of an employment use. 8.7 While urban design guidelines and architectural guidelines may be developed for individual secondary plan areas, the following general design principles should apply to employment lands: 8.7.1 Building facades that face the street should utilize architectural treatments. Blank walls are to be avoided in favour of windows, articulations and changes in building materials. 8.7.2 Buildings should have a consistent setback from the street. 8.7.3 Outside storage, where permitted by the secondary plan, should be located in rear or interior side yards only. Storage areas are to be screened from views from the street. 8.7.4 Parking areas will be limited in size and proportion. Parking areas shall be generously landscaped along any street. 8.7.5 Loading and service areas are to be located in the rear or interior side yards. 8.7.6 Access driveways to the street should be minimized. Where possible, abutting lots should use combined driveways. QEW Employment Corridor 8.8 The QEW is the major highway transportation corridor through the Niagara Region. It conveys goods and people within, to and from the Golden Horseshoe area and western New York State. Development of lands adjacent to the QEW has played a significant role in the economy of the Niagara Region and such lands within the City's urban area can be capitalized on for future employment growth. The corridor, located along the QEW as shown on Schedule A-2 extending from south of Lundy's Lane to the interchange at Lyon's Creek Road, includes a substantial amount of vacant Greenfield land and under-utilized parcels within the Built-up Area. This corridor, given its exposure and accessibility to the QEW, is well suited to the development of employment uses that require highway frontage. The lands that extend south of the Welland River have recently been serviced with municipal water and sanitary facilities, which have opened up these lands for the development of employment uses. 1081 This corridor also marks the southern gateway into the urban area of the City. Given its locational advantages, this corridor can play a major role in implementation of the Gateway Economic Zone as envisaged by the Growth Plan of the Greater Golden Horseshoe. The urban areas of Niagara Falls and Fort Erie are identified as the Gateway Economic Zone which is to be developed to support economic diversity and the promotion of cross-border trade, the movement of goods and tourism. Due to the proximity to the U.S. border, the Gateway Economic Zone has a unique economic importance to the region and the province. The intent of the QEW Employment Corridor policies is to assist in the capitalization of trade and the movement of goods and to protect these lands from conversion to non -employment uses. Moreover, the overarching goal of the policies is the establishment of employment uses on these lands that add to the overall diversity of employment in the City. It is not the intent of these policies to preclude or limit this designation being applied to other gateway lands that have proximity and exposure to the QEW. Accordingly, other lands may be added to this designation as warranted, from time to time. 8.8.1 The lands within the QEW Employment Corridor are intended to provide a long term base for the future development of uses that require access and exposure to the QEW. 8.8.2 The QEW Employment Corridor shall be protected from conversion to, and encroachment from, non -employment uses. 8.8.3 These lands are to be targeted for manufacturing, warehousing, wholesaling and logistics uses. In addition, offices and large scale institutional uses that require QEW access are also to be permitted. 8.8.4 Retail that is ancillary to the principal use, is permitted to a maximum of 25% of the gross floor area of the principal use but shall not exceed 465 square metres. 8.8.5 Automotive uses, service commercial including restaurants, printing shops, fitness and recreation and convenience stores and other uses that do not require QEW exposure and access are not to be permitted. 8.8.6 Development of lands within the QEW Employment Corridor should be designed in accordance with the design principles in the PART 2, Section 8.7 of this Plan and provide an architectural and landscape design that promotes the gateway character of the Corridor. 8.8.7 The lands on the east side of the QEW, south of the Welland River, designated Resort Commercial can provide for the development of employment uses, and as such, are included within the QEW Employment Corridor. These lands require further planning assessment regarding such issues as the appropriate uses to be permitted including land use 2-71 designation, road pattern, impacts on residential uses and natural heritage preservation. GENERAL POLICIES 8.9 In any Industrial zone, industries shall comply with all Provincial standards with respect to the emission of sounds and vibrations, permissible concentrations of air contaminants, such as dust, smoke, fumes, odours and other particulates, water quality, water quality control and waste control, including the quality and quantity of discharge and runoff. 8.10 Uses which are offensive or dangerous to the general health, safety and welfare of community residents shall only be permitted through site specific zoning amendments, where deemed appropriate. 8.11 In order to ensure that obsolete industrial buildings and formerly occupied industrial sites are suitable for redevelopment, compliance with Provincial guidelines and Part 3, Section 6 will be sought prior to any new development. 8.12 Adequate vehicular access, off-street parking and loading facilities will be required in clearly defined areas for all development and redevelopment within Industrial zones. 8.13 Industrial property owners proposing to develop lands adjacent to existing industrial uses will be encouraged to integrate the design and dimensions of structures, parking areas and access points with those of the adjacent uses. 8.14 As far as possible, traffic generated by industrial uses will be prohibited from penetrating designated Residential areas. 8.15 Signs in Industrial areas will be regulated by appropriate by-laws in order to avoid conflicts with effective traffic control and the general amenity of the area. 8.16 In order to enhance the viability of industrial areas, Council, where feasible and deemed appropriate, will encourage the appropriate authorities to establish, maintain and improve the accessibility of industrial areas through the provision of highways, arterial roads, bridge, rail and public transit services. 8.17 Council will cooperate with the Region in promoting industrial development in the City of Niagara Falls. Furthermore, Council may pass by-laws, acquire and develop lands or otherwise ensure an adequate supply of serviced land is available for prospective industrial developments. 8.18 Council will encourage and, where feasible, assist in the relocation of uses not permitted in areas designated for industrial purposes and in the relocation of existing industries located outside of Industrial designated areas into such areas. 2-72 8.19 Council will encourage and where feasible, assist in programs for the improvement of the appearance and amenity of industrial areas. F 8.20 Notwithstanding that adult entertainment parlours have not been historically permitted in any land use designation, a limited number of licensed adult entertainment parlours and body -rub parlours currently exist throughout various O.P.A. ed areas of the Cit It is the intent of this Plan to provide guidance and Approved geographic Y� p January 2003 direction with respect to appropriate areas of any new licensed adult entertainment parlours and body -rub parlours or their relocation. Generally, adult entertainment parlours and body -rub parlours are not promoted as a land use in any part of the City. In particular, adult entertainment parlours and body -rub parlours shall not be permitted in designations and zones of a predominantly residential, institutional, commercial, rural, agricultural and parks and open space nature. These areas are considered to be incompatible with adult entertainment as they are frequented by families with children, tourists, have high pedestrian traffic volumes or are subject to economic revitalization that could be adversely affected. Rural and agricultural areas are not serviced and would generally not be compatible with these urban areas. In order to minimize adverse effects, adult entertainment parlours and body -rub parlours shall be appropriately separated from sensitive zones including Residential, Development Holding, Institutional and Open Space zones; as well as specific sensitive land uses such as places of worship, residential care facilities, campgrounds, schools, day care centres, children's museums, parks, arenas and other similar community/institutional or public uses regardless of their zone category. An appropriate separation distance shall be a minimum of 300 metres from the property line associated with the sensitive use or zone to the building of the body -rub parlour or adult entertainment parlour. The 300 -metre separation distance noted above shall not apply in cases where the QEW, hydro canal and Welland River, which represent effective physical barriers, are present. Furthermore, no exterior wall of any adult entertainment parlour and/or body -rub parlour buildings shall be located closer than 100 metres from the road allowance of a controlled access highway. Notwithstanding this policy, the property municipally known as 8675 Montrose Road (Sam's Montrose Hotel), situated at the southwest corner of Montrose Road and Chippawa Creek Road, is excluded from the 100 -metre setback requirement from the QEW. In addition to the above, neither adult entertainment parlours or body -rub parlours will be permitted within lands, generally situated south of Brown Road and west of Kalar Road, which are subject to the development of a Christian resort commercial development. These lands are also considered as a sensitive land use and adult entertainment parlour and body -rub parlour buildings shall be separated from these lands by a minimum distance of 300 metres. Further, the industrial lands situated along the north side of Bridge Street, east of Victoria Avenue, are not suitable for an adult entertainment parlour or body -rub parlour. 2-73 It is the policy of this Plan to avoid a future concentration of licensed adult entertainment parlours and body -rub parlours within one geographic area of the City. In order to avoid clustering, the City's zoning by-law shall be amended to establish an appropriate distance separation between and among adult entertainment parlours and body -rub parlours. 2-74 PART 2 - LAND USE POLICIES SECTION 9 - EXTRACTIVE INDUSTRIAL PREAMBLE The extraction of mineral aggregate resources is an important industry to the local and Regional economy. Areas licensed for extractive industrial operations are shown on Schedule "A". It is the intent of the Plan to ensure compatibility of such operations with adjacent properties, as well as their progressive rehabilitation to suitable after -uses. New and/or expanded pits and quarries shall require approval from the Ministry of Natural Resources under the Aggregate Resources Act and an amendment to this Plan. Potential Mineral Aggregate Areas to be protected for future extractive industrial purposes are identified in Appendix IV. POLICIES 9.1 The predominant use of land within the Extractive Industrial designation will be for the extraction and processing of mineral aggregates such as clay, sand, gravel and quarrystone. Extractive industrial operations may also include storing, refining and further processing of mineral aggregates and other ancillary uses. 9.2 Proposals for new or expanded extractive industrial uses must be approved by the Ministry of Natural Resources under the Aggregate Resources Act. In addition, any new or expanded extractive industrial uses will require an official plan amendment and will be considered on the basis of detailed plans and submissions prepared to the satisfaction of the City. The plans and submissions shall include but not be limited to the following. 9.2.1 The location of the site including all dimensions, topography, existing elevations and any natural or archaeological features found on the site. 9.2.2 The location and use of all lands and buildings within 500 metres from the boundaries of a proposed quarry and 150 metres from the boundaries of a proposed pit. 9.2.3 The proposed use of the site detailing the limits of extraction, proposed depth of extraction, sequence of extraction, location and use of all buildings and structures, internal roads and points of access. 9.2.4 The location of all existing water wells within a minimum of 300 metres of the proposed site, hydrogeological reporting identifying water table levels relative to the proposed depth of extraction and the effect of the proposed extraction upon the water table and wells in the general area as well as on stream flows and surface water quality. 9.2.5 Detailed landscaping plans including fencing and screening. 2-75 9.2.6 Proposed haulage routes for the off-site distribution of the aggregate. 9.2.7 Progressive and final rehabilitation plans. 9.2.8 A social impact assessment or any other information that may be required by the City to assess the appropriateness of the proposed extractive operation including predicted impact of noise, dust and vibration beyond the site and necessary mitigating measures. 9.3 In considering any application to establish a new extractive industrial operation orthe extension of an existing one, Council shall have regard to the following. 9.3.1 No extraction will generally be permitted within an Environmental Protection Area. Extraction adjacent to or within an Environmental Protection Area may only be permitted where the results of any necessary studies indicate that the Areas will not be adversely affected by the extraction operation. Any mitigating measures as outlined in such studies, including a suitable buffer, will be required where extraction is proposed in these areas. 9.3.2 A sequence of extraction and rehabilitation is to be encouraged which would have the effect of minimizing the amount of land disturbed at any one time. 9.3.3 The effect of the proposed extractive operation on the ground water resources and hydrology of the surrounding area, including on-site drainage and treatment of waste water and the effect of the operation on adjacent areas. 9.3.4 The effect of the proposed extractive operation on the roads and traffic patterns in the area. 9.3.5 Where applicable, no extraction will be permitted on Good General Agriculture lands unless the Ministry of Agriculture and Food is satisfied that the site can be substantially rehabilitated for agriculture to allow production of the same area and at the same level of productivity. 9.3.6 The amounts of noise, vibration, dust, traffic and related factors which may affect properties and their occupants in the surrounding area must satisfy the Ministry of the Environment guidelines. 9.4 In order to encourage land use compatibility of extractive industrial operations with adjacent properties and their occupants, Council may request additional setbacks or separation distances be established by the Ministry of Natural Resources through the licensing process. Similarly, incompatible land uses, particularly residential uses, must be suitably separated from and shall not be permitted to encroach on lands used for extractive industrial purposes or lands designated Extractive Industrial. MUS 9.5 Council shall cooperate with the proper road authorities in order to determine the most appropriate haulage routes and points of access for mineral extraction operations. 9.6 A progressive rehabilitation program shall be encouraged during the period that aggregate is being extracted. Final rehabilitation for all extractive industrial sites will be required following the expiration of any licensed site or extraction of material has been exhausted. Rehabilitation will be required in accordance with a Ministry of Natural Resources approved rehabilitation plan. Development on, or adjacent to, former mineral mining or aggregate operations may be permitted only if rehabilitation measures to address and mitigate known or suspected hazards are under way or have been completed. The City will encourage the rehabilitation that will restore and create compatible land uses with adjacent properties and their occupants. An Official Plan and Zoning By-law amendment shall be required to consider new uses within extractive industrial sites that are not agriculturally related. 9.7 Temporary wayside pits and wayside quarries may be permitted in all land use designations, except within Environmental Protection Areas and Residential areas, without requiring an amendment to this Plan or to the implementing Zoning By-law. 9.8 Portable asphalt plants, used by a public road authority or their agent, shall be permitted in the Extractive Industrial, Industrial and Good General Agriculture designations without requiring an amendment to this Plan or the implementing Zoning By-law. Portable asphalt plants must comply with the Ministry of the Environment separation distances and must obtain a Certificate of Approval from the Ministry of the Environment. In Good General Agriculture Areas, the sites used for portable asphalt plants will be rehabilitated back to their former agricultural use. 2-77 PART 2 - LAND USE POLICIES SECTION 10 - NIAGARA ESCARPMENT PLAN AREA PREAMBLE The Province of Ontario, through the Niagara Escarpment Planning and Development Act, provides for the maintenance of the Niagara Escarpment and land in its vicinity substantially as a continuous natural environment. Within the Niagara Escarpment Plan Area, development is to be compatible with the natural environment in accordance with the Niagara Escarpment Plan. Municipal zoning regulations do not apply to lands under the jurisdiction of the Niagara Escarpment Plan. Instead, a development permit is required from the Niagara Escarpment Commission for all development not specifically exempted. This Official Plan clearly recognizes the Niagara Escarpment Plan and its prevalence in land use decision making, together with any applicable and more restrictive policy contained in the Niagara Regional Policy Plan. POLICIES 10.1 The Niagara Escarpment Plan, as amended from time to time, prescribes designations, policies and development criteria to regulate the use of land within the Niagara Escarpment Plan Area within the City. The outer boundary of the Niagara Escarpment Plan Area is fixed and inflexible and shall only be changed by an amendment to the Niagara Escarpment Plan. The Niagara Escarpment Plan Area within the City of Niagara Falls is shown on Schedule "A". 10.2 The Niagara Regional Policy Plan, which has been amended to incorporate the Niagara Escarpment Plan, contains land use designations and policies affecting lands within the Niagara Escarpment Plan Area. Where the Regional Plan policies are in conformity with the policies of the Niagara Escarpment Plan but are more restrictive, the Regional Plan policies would take precedence over the policies of the Niagara Escarpment Plan. 10.3 Development within the area defined by Ontario Regulation 683/80, as amended, (Niagara Escarpment Development Control Area) is regulated by the Niagara Escarpment Commission through the issuance of Development Permits. All development requires a development permit from the Niagara Escarpment Commission unless specifically exempted by Ontario Regulations 685/80. 10.4 Within the Niagara Escarpment Plan Area, "development" includes a change in the use of any land, building or structure. 10.5 In the review of Development Permits within the Niagara Escarpment Plan Area, the City shall ensure that its interests are maintained by the application of the policies in Part 3, Environmental Management, Sections 1 through 6; and Part 4, Administration and Implementation, Section 13. Where there is a conflicl 2-78 between the Official Plan and the Niagara Escarpment Plan, the provisions of the Niagara Escarpment Plan shall prevail; unless the provisions of this Official Plan are more restrictive than the Niagara Escarpment Plan, in which case the more restrictive policies shall prevail. 10.6 Notwithstanding Schedule "C" and the Policies of Part 3, Environmental Management, Section 1.4 Road Network, new roads and road improvements within the Niagara Escarpment Plan Area shall be in harmony with the Escarpment landscape. The objective is to design and locate new and expanded transportation facilities to minimize the impact on the Escarpment environment and the natural and cultural landscape. Any development shall comply with the objectives, policies and development criteria of the Niagara Escarpment Plan. 10.7 The Niagara Escarpment Plan contains policies and a framework for the Niagara Escarpment Parks System that stretches the length of the Escarpment. The Bruce Trail, the Woodend Conservation Area and the Welland Canal lands are an integral part of the Niagara Escarpment Parks System within the City of Niagara Falls. It shall be the policy of the City to support the development of the Niagara Escarpment Commission Parks System in this area. 2-79 PART 2 - LAND USE POLICIES SECTION 11 — ENVIRONMENTAL POLICIES 11.1 NATURAL HERITAGE SYSTEM :1:F-11 J,1 4:4 Awareness of the connection between the natural environment and human health has increased in recent years and has been translated into land use planning through more stringent environmental policies at the Federal, Provincial and Local levels. Through the implementation of the policies of this Plan, the City intends to play a major role in the protection and conservation of resources. Niagara Falls has an abundance of natural heritage features due to its location between two Great Lakes and along the Niagara River. The City is within the northerly extent of Carolinian Forests in Canada which boasts a high number and diversity of plant and wildlife. The conservation and wise use of natural resources is important to ensure that clean air and water will be part of the City's future. It is recognized that natural heritage features do not exist in isolation and that the health of these features is intrinsically connected and dependant on the health of heritage features both near and far away. Consequently the function of the natural heritage system shall be assessed on a watershed scale, exceeding lot boundaries, and in some cases, municipal boundaries. Within each watershed area, subwatershed plans and environmental impact studies will be utilized to identify, assess and protect the City's flora, fauna and water resources not only on a site specific, but also on a cumulative basis. GENERAL POLICIES 11.1.1 The City supports an ecosystem approach to the identification, protection and enhancement of our natural heritage resources that addresses: a) the interrelationships between air, land, water, plant and animal life, and human activities; b) the health and integrity of the overall landscape, within and beyond the City's boundaries; and c) the long term and cumulative impacts on the ecosystem. 11.1.2 The City shall encourage and support the efforts of the Ministry of Natural Resources, the Niagara Peninsula Conservation Authority and the Region of Niagara to protect, maintain, rehabilitate or improve the quality of the natural heritage features resources within the municipality in accordance with environmental and natural resource management legislation. 11.1.3 Land owners shall be encouraged to consult with the Ministry of Natural Resources, Niagara Peninsula Conservation Authority and the Region of MR Niagara prior to commencing work of any kind on or adjacent to an area containing natural heritage resources in order to determine the means by which to avoid or minimize negative impacts. 11.1.4 Schedules A and A-1, along with Appendices III -A, III -B, III -C, III -D and III -E to this Plan detail the natural heritage features that are located within the Environmental Protection Area (EPA) or Environmental Conservation Area (ECA) designations of this Plan as well as linkages and natural corridors, water resources, Municipal Drains and other natural heritage features. 11.1.5 When considering development or site alteration within or adjacent to a natural heritage feature, the applicant shall design such development so that there are no significant negative impacts on the feature or its function within the broader ecosystem. Actions will be undertaken to mitigate any unavoidable negative impacts. 11.1.6 The Natural Heritage Policies shall apply when development or site alteration is proposed on lands within the City that are adjacent to a natural heritage feature identified within the Official Plan of a neighbouring municipality, the Niagara Region Official Plan or by the Ministry of Natural Resources. 11.1.7 Prior to undertaking major public work projects on or adjacent to an area containing natural heritage resources, the City shall consult the Ministry of Natural Resources and/orthe Niagara Peninsula Conservation Authority, as appropriate, in order to determine what design requirements or modifications may be necessary to eliminate or minimize any potential adverse impacts. 11.1.8 A permit from the Niagara Peninsula Conservation Authority may be required for any works within areas regulated by the Conservation Authority's Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses (Ontario Regulation 155/06). 11.1.9 The Citywill collaborate with the Niagara Region and the Niagara Peninsula Conservation Authority and other appropriate stakeholders, in developing and maintaining an environmental data base and monitoring program to assess ecosystem health and integrity and recommend improvements. 11.1.10 The policies of the Natural Heritage System shall apply to protect any previously unmapped natural heritage feature identified by an Environmental Impact Study regardless of the land use designation applying to such feature in this Plan. 11.1.11 To discourage interference with the function of a natural heritage feature or its buffer area, the proponent of new development located adjacent to a 2-81 natural heritage feature may be required by the Department of Parks & Recreation, to construct a fence in compliance with the City's Development Guidelines. Watershed Planning 11.1.12 The City recognizes the watershed as a meaningful scale to integrate water management, natural heritage management and land use decisions. A watershed plan provides a broad assessment of the natural environment and the interconnections between features extending beyond lot boundaries and municipal boundaries and shall be utilized as a guide for more site specific studies such as subwatershed plans, drainage plans and environmental impact studies. 11.1.13 The City will participate with the Region and the Niagara Peninsula Conservation Authority in the preparation of watershed studies in consultation with landowners, community groups and other public agencies. 11.1.14 Where a watershed plan has been completed, applications for draft plan of subdivision/condominium or site plan approval shall demonstrate, through required studies such as an environmental impact study, drainage plan or a subwatershed plan, how the proposed development will comply with the objectives, targets and recommendations of the watershed plan. 11.1.15 A subwatershed plan may be required through secondary plans, neighbourhood plans or for large scale developments that require an amendment to this Plan, whether or not a watershed plan exists, to provide specific guidance on the means to protect, restore and rehabilitate natural resources and to provide a framework for integrating environmental concerns into the land use development process in context of the watershed area. 11.1.16 The location and extent of completed watershed and subwatershed plans are shown on Appendix III -E of this Plan. Environmental Impact Studies (EIS) 11.1.17 An EIS shall be required as part of a complete application under the Planning Act for site alteration or development on lands: a) within or adjacent to an Environment Protection Area or Environmental Conservation Area as shown on Schedule A or A-1; or b) that contain or are adjacent to a natural heritage feature. 11.1.18 An EIS required under this Plan shall: 2-82 a) include a Terms of Reference, reviewed by the City, Region and, where appropriate, the Niagara Peninsula Conservation Authority, that outlines the scope of the study; b) be prepared and signed by a qualified professional; c) be to the satisfaction of the City of Niagara Falls, in consultation with the Region and the Niagara Peninsula Conservation Authority, for proposals within oradjacentto ECAwithin the Urban Area Boundaries; and d) be to the satisfaction of the Region, in consultation with the City and the Niagara Peninsula Conservation Authority, forthe remaining areas. 11.1.19 An EIS required under this Plan shall be prepared in accordance with the Environmental Impact Study Guidelines adopted by Regional Council. 11.1.20 The City, in consultation with the Region and the Niagara Peninsula Conservation Authority, may require a scoped EIS in place of a full EIS for developments to address specific issues such as encroachment into a natural area, potential impact on a natural heritage feature or the degree of sensitivity of the natural area. A scoped environmental impact study is an area specific study that addresses issues of particular concern. 11.1.21 The required content of an EIS may be reduced, in consultation with the appropriate authorities, where: a) the environmental impacts of a development are thought to be limited; or b) other environmental studies fulfilling some or all requirements of an EIS has been accepted by the appropriate authority. 11.1.22 An EIS is not required for uses authorized under an Environmental Assessment (EA) process carried out in accordance with Provincial or Federal legislation. However, where, in the opinion of the City, Region or NPCA a specific environmental issue has not been addressed under the EA, or more detailed information is needed to properly assess the impact of a proposal made under an application to the Planning Act, a scoped EIS may be required. Environmental Corridors & Ecological Links 11.1.23 Linkages and natural corridors that provide a connection between natural heritage features can include valleylands, contiguous woodlands and wetlands, creeks, hedgerows, and service corridors. The City shall promote the function of valleylands or stream corridors as natural resource linkages and encourages the protection, naturalization and, wherever possible, the rehabilitation of valleylands or stream corridors in accordance with Niagara Peninsula Conservation Authority Regulations. New development should not 2-83 interfere with the function of these linkages and corridors and all efforts should be made through design for the enhancement or rehabilitation of natural heritage resource connections. 11.1.24 Potential corridors and linkages can be identified through Watershed Plans, the Regional Policy Plan and environmental impact studies and are shown conceptually on Appendix III -E to this Plan. Where specifically defined through an EIS or other natural heritage study or plan linkages and corridors shall be protected through use of an appropriate zone in the City's Zoning By- law. 11.1.25 Development or site alteration in or near a natural heritage feature should be designed to maintain and, where possible, enhance the ecological functions of existing linkages. If necessary an alternative corridor may be created through the development process that will function as an ecological link between all natural heritage features in the area (water, wildlife, flora). Alternative corridors must be supported by an EIS that is reviewed by the appropriate authorities and approved by the City or Region. 11.1.26 On privately owned lands, the City will support and encourage the use of conservation agreements to maintain, enhance or restore linkages between plant and animal species habitat and to protect and improve water quality and quantity; and the management of watersheds. Water Resources 11.1.27 Development or site alteration shall not have an adverse impacts on ground or surface water quality or quantity. The City, in consultation with the appropriate agencies, may require a hydrogeological study or an environmental impact study for development or site alteration for any proposal that may impact, either locally or cross-jurisdictionally, on: a) the quantity and quality of surface and ground water; b) the functions of ground water recharge and discharge areas, aquifers and headwaters; c) the natural hydrologic characteristics of watercourse such as base flow; d) surface and ground water such that other natural heritage features are negatively affected; e) natural drainage systems and stream forms; and f) flooding or erosion. 11.1.28 The City shall promote water conservation measures in an effort to reduce water consumption through such programs as water meters and rain barrel programs. WE 11.1.29 The City supports the efforts of the Province, Region and private property owners to improve water quality by the reduction of pollution sources through legislation, programs and guidelines and: a) will endeavour to maintain City owned lands without the use of harmful pesticides and herbicide. b) will encourage the participation in design with nature programs such as the Audobon Cooperative Sanctuary Program for Golf Courses that provides guidance for the protection, rehabilitation and enhancement of open spaces through environmental planning, wildlife/habitat management, chemical use safety, water conservation, water quality management and education. c) will continue to refuse downspout connections to the sanitary or combined sewer and follow up on violations. d) will continue with the program to disconnect weeping tiles from the sanitary sewer system with an aim to implement the program City wide. e) the progressive elimination of combined sewer overflows. f) will continue to pursue other programs to protect water quality. 11.1.30 A stormwater management plan and a sediment and erosion control plan may be required at the discretion of the NPCA as part of a complete application under the Planning Act based on the scale and nature of the proposal and the site specific environmental conditions. These plans shall not be required for a new mineral aggregate operation or an expansion to an existing operation where these matters are adequately addressed through studies prepared to meet the requirements of the Aggregate Resources Act. 11.1.31 A stormwater management plan shall demonstrate that the proposal will minimize vegetation removal, grading and soil compaction, erosion and sedimentation, and impervious surfaces. Where a watershed or subwatershed plan exists, the stormwater management plan shall implement the recommendations of such plans. The Stormwater Management Plan shall be prepared and signed by a qualified engineer. 11.1.32 Stormwater management facilities shall not be constructed within any EPA or ECA features. A stormwater management facility may be permitted in accordance with Land Use Polices of this Section only where it has been demonstrated through an applicable study, completed to the satisfaction of the City and Region, that there will be no impact on any natural heritage feature or the function of the natural heritage system. 11.1.33 Where a Watershed Study or Aquifer Management Plan or any other related environmental study has identified sensitive surface water features and/or sensitive ground water features, these features and their related hydrologic functions will be protected, improved or restored through a restriction of land 2-85 uses in the implementing Zoning By-law. Uses that may be restricted include, but are not limited to: landfills, lagoons or other waste disposal facilities, asphalt and concrete batching plants, the storage or processing of chemical products, gasoline or oil depots and service stations and vehicle salvage, maintenance and services yards. As watershed and ground water studies identify surface and ground water features, hydrologic functions and natural heritage features and areas necessary for the ecological and hydrologic integrity of the City's watersheds, the City shall consider appropriate amendments to this Plan. 11.1.34 Prior to any planning approval, new development applications requiring a Provincial Permit to Take Water shall satisfy the City and the Region that the water taking will not have negative impacts with respect to land use and with the Niagara Peninsula Conservation Authority with respect to natural ecosystems or the quality and quantity of water to meet current and future uses. 11.1.35 Municipal Drains may include engineered and natural watercourses. Requisition and Petition Drains authorized under the Drainage Act are to be designed, constructed and maintained in accordance with the Province's Best Management Practices and may require a permit from the Niagara Peninsula Conservation Authority to avoid detrimental effects on farmland or water resources, natural areas or wildlife habitat or the mitigation of any negative impacts. 11.1.36 Development or site alteration adjacent to any hydrologic feature such as valleylands, stream corridors or Municipal Drains shall be setback from the stable top of slope in accordance with the Regulations of the Niagara Peninsula Conservation Authority. The required setback shall be protected through the implementing zoning by-law. 11.1.37 The City may consider a reduced setback from the top of slope within an urban area where an existing lot provides insufficient depth to accommodate the required setback and where a geotechnical report, supported by the Niagara Peninsula Conservation Authority, finds that there are mitigative measures that will maintain long term bank stability with no adverse environmental impacts and will not create new hazards or increase existing ones. In no case shall development or site alteration be permitted below the top of the valley bank, unless specifically permitted by the NPCA. 11.1.38 Development or site alteration along the Niagara River shall be reviewed by the Niagara Peninsula Conservation Authority, the Ministry of Natural Resources and, where applicable the Region of Niagara and the Niagara Parks Commission. M. Woodlands and Forestry Resources 11.1.39 The City recognizes the values and benefits of trees, hedgerows and woodlands to the overall environmental health of the community as well as its visual appeal. The City shall place a high priority on the protection of these features. 11.1.40 The City shall endeavour to meet forest cover and vegetative buffer targets set through watershed studies and environmental impact studies by including minimum vegetative setbacks from all order streams underthe Environmental Conservation Area designation. The protection of land adjacent to woodlands, waterfeatures and other natural heritage features by retaining the buffer in a natural state shall also be undertaken through these policies. 11.1.41 All development is to be designed in a sensitive manner having regard to the environmental, social and aesthetic benefits of trees, hedgerows and woodlands through the following: i) The retention and protection, to the greatest extent possible, of the existing tree cover, recognizing its environmental and aesthetic importance. ii) Ensuring efficient harvesting and use of trees that must be removed to accommodate the placement of buildings, structures and roads. iii) The incorporation of land with existing tree cover into the urban area park system, if appropriate. iv) The maintenance and possible enhancement of tree cover along watercourses and on steep slopes, in order to reduce soil erosion and improve water quality. v) Permitting the continued management and selective harvesting of forest resources, where appropriate. vi) The use of native trees in development design. 11.1.42 The City supports the protection of woodlands greater than 0.2 hectares in size and individual trees or small stands of trees on private lands that are deemed by Council to be of significance to the City because of species, quality, age or cultural association from injury and destruction through such means as the Region's Tree and Forest Conservation By-law or any similar municipal by-law. 11.1.43 Good stewardship of urban woodlots and forested areas shall be promoted. The location of treed and wooded areas, including those located outside of significant woodlands, are illustrated on Appendix III to this Plan. Where such lands are under private ownership and are contemplated for development, the preservation and maintenance of natural environment conditions will be encouraged to the fullest extent possible. Where deemed appropriate, the City will consider such measures as bonusing, land purchase, transfer of 2-87 development rights or land exchanges to safeguard important natural areas. 11.1.44 The City shall encourage the retention of individual trees or stands of trees wherever possible through development applications including site plan control, plan of subdivision or vacant land condominiums. A Tree Savings Plan may be requested as a condition of development. 11.1.45 City Council may consider the preparation of Policy and Procedural Guidelines for a formal compensation program that would outline the level of compensation required for the removal of a tree either in terms of the replanting of trees on site or elsewhere in the community, or the monetary equivalent of the tree(s) lost to be applied towards the planting of trees on public lands elsewhere in the community or City. 11.1.46 Land owners in Good General Agricultural and Rural/Agricultural areas as well as the Niagara Escarpment Area shall be encouraged to recognize the forest resource as both a source of income from various forest products and as an important element in providing essential soil and water conservation benefits. In this respect, land owners shall be encouraged to carry out the following: i) Employ proper forest management practices in consultation with the Ministry of Natural Resources and within the Niagara Escarpment Plan Area in accordance with applicable Ontario Regulations. ii) Retain existing tree cover wherever possible. iii) Discourage the grazing of livestock within woodlots. iv) Provide forthe reforestation of non-productive orabandoned farmland. v) Apply for tax reduction programs and other benefits associated with the protection and management of woodlots. vi) Maintain or establish tree and shrub cover on soils of low agricultural capability and in hazardous areas such as steep slopes and flood prone areas, in order to reduce water runoff and minimize soil erosion. Soils 11.1.47 The City shall regulate the fill, topsoil Removal or site alteration through a by- law and consider the approval of additional regulatory measures, as specified under the Topsoil Preservation Act. Site alteration or development which may result in flooding and erosion, property damage, poor water quality, degradation of farmland and adverse impacts on natural areas the dumping or placing of fill, and the grading of land shall not be permitted unless in compliance with the City's Fill, Topsoil Removal or Site Alteration By-law and where the site alteration/development is proposed through a planning application under the Planning Act, no site alteration shall occur until all required studies under Part 4, Section 14 of this Plan have been approved. Mineral Resources 11.1.48 The City recognizes the importance of ensuring the availability of an adequate supply of mineral aggregate for future use. Potential mineral resources, as identified in the Regional Niagara Policy Plan and the Ministry of Natural Resources Niagara District Land Use Guidelines, shall be protected by restricting land uses in these areas to those which do not preclude the option of future aggregate extraction. 11.1.49 A new mineral aggregate operation or an expansion to an existing operation that is located within any area identified as a Bedrock Resource Area on Appendix 4 to this Plan may be permitted through applications to amend this Plan and/or the Zoning By-law within NPCA regulated wetlands greater than 2 ha in size, floodways and erosion hazard areas and environmentally sensitive areas designated EPA, subject to the following: a) Completion of an Environmental Impact Study (EIS), as set out in policies 11.1.17 to 11.1.21 inclusive, to the satisfaction of Niagara Region in consultation with the City of Niagara Falls and the Niagara Peninsula Conservation Authority; b) Completion of a hydrogeological study in accordance with policy 11.1.27; c) The EIS is to include the considerations set out in policy 11.2.30 a) and b); d) The requirements of the Niagara Peninsula Conservation Authority; and e) Other applicable policies of this Plan including the requirements of Part 2 Section 9. 11.2 ENVIRONMENTAL PROTECTION AREA (EPA) AND ENVIRONMENTAL CONSERVATION AREA (ECA) Preamble The City boasts a rich natural heritage base with a number of wetlands and Carolinian forests that provide habitat for a diversity of animals and plants that is among the highest in Canada, including threatened, endangered and rare species. In addition to this is the Niagara River, Falls and gorge which is a major natural heritage system within itself into which the majority of the city's creeks and waterways drain. The City also contains areas that are significant at a provincial level for their contribution to life and earth science. It is the aim of this Plan to protect, maintain and enhance the important ecological and environmental features within the City. Areas designated EPA are to receive the highest level of protection with policies that prohibit development or site alteration. The Environmental Conservation Areas are important natural heritage areas where some restricted development or site alteration may occur if supported by an environmental impact MOO study. The individual features protected through the EPA and ECA designations are most often interconnected through their location and function. The functions of the natural heritage features within the ecosystem are to be identified, maintained and, if at all possible, improved as identified in studies required through the planning process referred to in Section 11.1. Other Environmental areas may exhibit naturally -hazardous conditions such as flood and erosion susceptibility, instability or any other physical condition which may pose a risk to occupants, loss of life, property damage and social disruption. It is the intent of these policies to identify these areas and guide development adjacent to them. The schedules to this Plan identify those heritage features that were identified at the time of policy approval. New features that are identified subsequently will still be subject to protection through these policies. The Environmental Protection Areas and Environmental Conservation Areas provide opportunities for scientific research, conservation and education. These policies aim to preserve natural heritage features for this purpose and for ensuring that the quality and quantity of our water, plant life, animal life, air and soils are improved for our present health and the health of future generations. General Policies 11.2.1 Development and site alteration, where permitted under the following designations, shall be subject to the natural heritage system policies of Section 11.1. 11.2.1 (a) The policies of sections 11.1 and 11.2 shall not apply to the development of those lands subject to the provisions of Section 12.34 of this Plan. 11.2.2 In considering the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval underthe Planning Act on lands adjacent to an EPA or an ECA designation, Council will require the proponent to prepare and submit an Environmental Impact Study as outlined in Policies 11.1.17 to 11.1.22. Adjacent lands are illustrated on Schedule A-1 to this Plan, except for areas within the Urban Area Boundary where lots have been developed or have received final approval through a Planning Act process. 11.2.3 The limits of the EPA and ECA designations and their adjacent lands may be expanded or reduced from time to time as new environmental mapping and studies are produced by the Ministry of Natural Resources or the Niagara Peninsula Conservation Authority or through site specific applications where produced by qualified environmental consultants and approved by the appropriate authority. moll] Where an Environmental Impact Study has concluded that an expansion to the EPA designation or its adjacent lands is warranted by the identification of a significant natural feature/function or habitat, the Official Plan shall be amended to appropriately reflect the areas to be protected. Minor reductions or minor expansions to the limits of EPA or its adjacent lands on Schedule A may be made without amendment to this Plan. 11.2.4 A holding provision may be utilized through the City's Zoning By-law to require the completion and approval of an environmental impact study prior to any development or site alteration on adjacent lands. The Niagara Peninsula Conservation Authority shall be consulted regarding the removal of any Holding provisions. 11.2.5 Where, through a review of a planning application, it is found that there are important natural heritage features, habitats or functions that have not been adequately evaluated, the City shall require that the applicant have an evaluation prepared by a qualified biologist in consultation with the Region, the City and, where appropriate, the Ministry of Natural Resources and the Niagara Peninsula Conservation Authority. 11.2.6 Where permitted elsewhere in this Plan, new lots adjacent to an EPA or ECA designation shall not extend into either the area to be retained in a natural state or its buffer area as identified and approved through an Environmental Impact Study. The natural heritage features and buffer areas are to be maintained as a single block and zoned appropriately in the City's Zoning By- law. 11.2.7 Stormwater management facilities shall not be constructed within an EPA. A stormwater management facility may only be permitted within an ECA or on lands adjacent to an EPA or ECA only where it has been demonstrated that there will be no impact on any natural heritage feature or the function of the natural heritage system. 11.2.8 Essential public uses of a linear nature including utilities, communication facilities and transportation routes may be permitted to extend through an EPA or ECA designation, or within adjacent lands, where an Environmental Assessment for the proposed use has been approved under Provincial or Federal legislation. 11.2.9 Notwithstanding the following policies existing agricultural activities may continue within the EPA or ECA designations and their adjacent lands. 11.2.10 The City shall work with various provincial agencies and other groups to protect identified areas of natural and scientific interest. The educational, interpretive and recreational values of these resources shall be preserved by limiting development and surrounding land uses to those of a compatible Moll nature. 11.2.11 Where development is permitted within an ECA or on adjacent lands existing natural linkages between the lands designated ECA and EPA lands, other designated or non -designated natural heritage features shall be maintained. Possible linkages are identified as Potential Natural Heritage Corridors on Appendix III -E to this Plan and are approximate. The exact limits of such linkages shall be assessed and approved through an Environmental Impact Study through development applications or natural area inventories. New linkages, where needed, should form part of applications for development through a land use designation or easement. 11.2.12 A natural area known as the 'Treed Moraine' forms a backdrop to the Horseshoe Falls and Queen Victoria Park between Clifton Hill and Burning Springs Hill. It is a complex landscape which needs to be protected, properly maintained and stabilized and is recognized as an important local, regional and international landscape. This forested slope separates the urban, commercial development at the top of the moraine and the natural area of the Niagara Parks. Development in close proximity to the moraine should have regard to the Moraine Management Plan (January 21, 2000) prepared by the Niagara Parks Commission. ENIVIRONMENTAL PROTECTION AREAS (EPA) 11.2.13 The EPA designation shall apply to Provincially Significant Wetlands, NPCA regulated wetlands greater than 2ha in size, Provincially Significant Life ANSIs, significant habitat of threatened and endangered species, floodways and erosion hazard areas and environmentally sensitive areas. 11.2.14 Development or site alteration shall not be permitted in the EPA designation except where it has been approved by the Niagara Peninsula Conservation Authority or other appropriate authority, for the following: a) forest, fish and wildlife management; b) conservation and flood or erosion projects where it has been demonstrated that they are necessary in the public interest and other alternatives are not available; c) small scale, passive recreational uses and accessory uses such as trails, board walks, footbridges, fences, docks and picnic facilities that will not interfere with natural heritage features or their functions. 11.2.15 Minor expansions to an existing legal non -conforming use within the EPA designation may be permitted through an application pursuant to the Planning Act where the City is satisfied that there will be no negative impact on a natural heritage feature or its ecological function. Expansions that result in a substantial intensification in land use or increase in footprint shall require MN an Environmental Impact Study as part of a complete application. 11.2.16 A minimum vegetated buffer established by an Environmental Impact Study (EIS) shall be maintained around Provincially Significant Wetlands and Niagara Peninsula Conservation Area Wetlands greater than 2 ha in size. A 30m buffer is illustrated on Schedule A-1 for reference purposes. The precise extent of the vegetated buffer will be determined through an approved EIS and may be reduced or expanded. New development or site alteration within the vegetated buffer is not be permitted. Expansion, alteration or the addition of an accessory use in relation to an existing use within the buffer may be permitted, subject to an approved EIS, where: a) the expansion or accessory use is not located closer to the edge of the provincially significant wetland than the existing use; and b) the expansion or accessory use cannot be located elsewhere on the lot outside of the designated buffer area. 11.2.17 Endangered and Threatened species are identified through lists prepared by the Ministry of Natural Resources. The Significant habitat of threatened and endangered species are identified, mapped and protected through management plans prepared by the Ministry of Natural Resources and the Committee on the Status of Endangered Wildlife in Canada and all applications made pursuant to the Planning Act within or adjacent to the EPA designation will be circulated to the Ministry of Natural Resources for review. HAZARD LANDS 11.2.18 Natural hazard lands, including floodplains and erosion hazards, are included within the EPA designation because of their inherent risks to life and property. Natural hazard lands where identified by the Niagara Peninsula Conservation Authority or any study required under this Plan, shall be placed within an appropriate zoning category in the City's Zoning By-law. Development and site alteration may be permitted within or adjacent to floodplains or erosion hazards subject to written approval from the Niagara Peninsula Conservation Authority. 11.2.19 Floodplains in the City are based on 100 year floodline mapping have been prepared for most waterways in the City. However a Regional Floodline shall apply to Beaverdams Creek, Shriner's Creek, Ten Mile Creek and Tributary W-6-5. 11.2.20 Where, as a result of a planning application, new Floodline or stream corridor mapping has been generated to the approval of the Niagara Peninsula Conservation Authority, amendments to this Plan may not be required. However, where the planning application involves a site specific Zoning By- law amendment, it shall be amended accordingly. 2-93 11.2.21 A geotechnical investigation may be required for development close or within areas susceptible to erosion. The geotechnical investigation shall evaluate the impact of the proposed development on slope stability on site and off site and shall provide recommendations on how negative impact can be avoided and slope stability improved. ENVIRONMENTAL CONSERVATION AREA (ECA) 11.2.22 The Environmental Conservation Areas designation contains significant woodlands, significant valleylands, significant wildlife habitat, fish habitat, significant Life and Earth Science ANSIs, sensitive ground water areas, and locally significant wetlands or NPCA wetlands less than 2ha in size. 11.2.23 Permitted uses within the ECA designation shall include: a) forest, fish and wildlife management; b) conservation and flood or erosion projects where it has been demonstrated that they are necessary in the public interest and other alternatives are not available; c) small scale, passive recreational uses and accessory uses such as trails, board walks, footbridges, fences, docks and picnic facilities that will not interfere with natural heritage features or their functions; d) uses ancillary to the uses listed above including: parking areas, interpretive centres, conservation area shelters, essential utility structures and other related uses that are compatible with the ECA designation; where such works have been approved by the Niagara Peninsula Conservation Authority or other appropriate authority. 11.2.24 Minor expansions to an existing legal non -conforming use within the ECA designation may be permitted through an application pursuant to the Planning Act where the City is satisfied that there will be no negative impact on a natural heritage feature or its ecological function. Expansions that result in a substantial intensification in land use or an increase in footprint shall require an Environmental Impact Study as part of a complete application. 11.2.25 Single family residential development on an existing lot of record may be permitted in whole or in part of the ECA designation or adjacent lands where an approved environmental impact study or scoped study, whichever is deemed appropriate by the NPCA, has demonstrated that the development is located, designed and constructed to minimize negative impacts on any natural heritage feature and their ecological function. 11.2.26 Notwithstanding the above policies, development and site alteration may be permitted within fish habitat in accordance with Provincial and Federal 2-94 requirements. The buffer areas for fish habitat have been designated ECA in this Plan with the intention of providing a vegetative buffer and riparian areas along the water channel for protection from soil or chemical runoff and to stabilize water temperature. Where a site specific study has identified a setback for a protective buffer for fish habitat, this setback shall be reflected in any implementing zoning by-law Not all fish habitat have been evaluated and mapped and may, therefore, not be reflected on Schedules A or A-1 to this Plan. Fish habitat may be identified by the Niagara Peninsula Conservation Authority through preconsultation. Where this is the case, the fish habitat policies of this Plan apply. 11.2.27 It is the intent of the ECA designation to provide for the protection of natural heritage features while recognizing that the extent of the designation may be further refined through on site study. Where it has been demonstrated through an approved Environmental Impact Study that an area currently designated ECA does not meet the criteria for that designation, in whole or in part, the policies of the adjacent land use designation shall apply provided that the EIS has successfully demonstrated that the proposed use will not have an adverse impact on the features or functions of the remaining ECA or their adjacent lands. In such circumstances an amendment to this Plan is not required however the change shall be implemented through an amendment to the City's Zoning By-law. 11.2.28 Valleylands are identified through mapping of the Niagara Peninsula Conservation Authority. A minimum vegetated setback from the top of bank shall be established through the implementing zoning by-law based on site specific conditions in accordance with the Niagara Peninsula Conservation Authority Regulations. Where development or site alteration is proposed within or adjacent to a significant valleyland and ownership of the valleyland or flood plain is not assumed by the City or other public agency, the City may require the submission of a detailed site grading plan for any new lot prior to the issuance of a Building Permit as a condition of development. 11.2.29 Where a valleyland has been identified as significant in accordance with the Provincial Policy Statement through approved studies an Environmental Impact Study shall be required for any development or land alteration on or within 50m of the significant valleyland. 11.2.30 Where a new mineral aggregate operation or an expansion to an existing operation is proposed within hazard lands, an ECA or their respective adjacent lands, the Environmental Impact Study will include, in addition to the requirements under this Section, consideration of: 2-95 a) the maintenance or enhancement of the connectivity of natural heritage features as well as significant hydrologic features and functions before, during and after mineral aggregate extraction; b) the way in which significant natural heritage features and ecological functions that would be affected will be replaced, on or off site, with features and functions of equal or greater ecological value that are representative of the natural ecosystem in that particular setting. 2-96 PART 2 - LAND USE POLICIES SECTION 12 - OPEN SPACE PREAMBLE It is the intent of this Plan to promote and enhance an attractive community environment through the development and maintenance of appropriate recreation and open space areas. Lands designated Open Space are shown on Schedule "A". Open Space areas will be preserved for the benefit and enjoyment of City residents. In addition, Council will seek the cooperation of public agencies, community groups and other organizations in advancing the opportunities available for recreation and enjoyment of the natural environment. POLICIES 12.1 The uses of land permitted within the Open Space designation include major public parks, conservation areas, cemeteries, golf courses, private clubs, and recreational areas. Uses ancillary to recreational, conservation and open space uses may also be permitted provided such uses will not harm or interfere with the open space nature of the land. 12.2 Where land designated Open Space is under private ownership, it is not intended that this land will necessarily remain so designated indefinitely, nor will this Plan be construed as implying that these are free and open to the general public. In this respect, when an application is made requesting a change of land use and a public agency does not wish to purchase the land for open space purposes, due consideration shall be given by Council to the most desirable use. 12.3 Where land designated Open Space is the subject of a proposed development, Council will ensure that the lands be developed in a manner complementing the open space character of the land and preserving the natural environment. 12.4 The acquisition of open space lands by public agencies will be encouraged in order to maximize the opportunities for public use and enjoyment. 12.5 Council shall encourage the integration and linkage of areas designated Open Space, including those lands along the Welland River and Lyons Creek, lands of the Niagara Parks Commission, and major utility corridors. Where such open space linkages offer recreation or scenic amenities, Council will promote their use through the cooperation and agreement of the appropriate authority and/or landowner for pedestrian walkways, bicycle paths and passive recreational use. 12.6 Council will encourage the cooperation between Federal, Provincial, local agencies and private groups to ensure the preservation and maintenance of Open Space lands with significant environmental features. 12.7 Notwithstanding the Open Space policies, estate residential development existing at the time of the adoption of the Official Plan located within the Open Space designation shall be recognized. 2-97 PART 2 - LAND USE POLICIES SECTION 13 - SPECIAL POLICY AREAS PREAMBLE Notwithstanding the general policies of the Official Plan, certain areas are designated Special Policy Areas due to their unique characteristics and/or special circumstances, some which may affect their development or redevelopment. Special Policy Areas are shown in a triangular pattern on Schedule "A" of this Plan and are subject to the following special policies. POLICIES 13.1 SPECIAL POLICY AREA "1" Special Policy Area "1" includes the lands located on the west side of Portage Road, lying between North Street and Britannia Crescent. This area includes lands on the north side of Kitchener Street, east of Portage Road. While the Residential land use policies of this Plan will continue to apply to this area, the Special Policy Area designation will permit consideration of additional land uses which are compatible with and/or ancillary to the Greater Niagara General Hospital. Such development will be considered by amendments to the Zoning By-law, having regard to the following matters. 13.1.1 The provision of on-site parking above minimum standards to help alleviate existing parking problems. 13.1.2 The provision of landscaped open space and building setbacks in keeping with the residential character of the area. 13.1.3 The dedication of land for road widening purposes in order to increase the right-of-way width of Portage Road to a minimum of 20 metres. 13.1.4 The reduction in the number of access points onto Portage Road through land assembly, the provision of mutual driveways and other site plan features. 13.2 SPECIAL POLICY AREA "2" Special Policy Area "2" includes lands located on the east side of Ort Road and comprising Part of Township Lot 28, Concession 3, in the former Township of Willoughby and designated Good General Agriculture. Notwithstanding the Good General Agriculture designation of the property, these lands may be used for the establishment of a commercial operation, including the repair and retailing of firearms and an underground firing range. NM 13.3 SPECIAL POLICY AREA "3" Special Policy Area "3" includes the lands which comprise the site of the Nabisco Cereal Plant and other associated properties, known municipally as 5651, 5695 and 5700 Lewis Avenue. Existing industries are deeply entrenched in the Queen Victoria Park Tourist Commercial District. This Plan seeks to protect their interests for as long as they exist. However, in the long term, it is the intent of this Plan to provide for the transition to Tourist Commercial land uses. Notwithstanding the Tourist Commercial land use policies of this Plan, the industrial use of the lands shall be maintained in recognition of existing industrial operations and any future expansionary plans will be subject to other policies of this Plan. 13.4 SPECIAL POLICY AREA "4" Special Policy Area "4" includes the lands located east of Oakwood Drive and north of the Hydro Canal which comprise the site of Yogi Bear's Jellystone Park Campground. Notwithstanding the Industrial designation of these lands, they may be used to accommodate an existing camping establishment. F 13.5 SPECIAL POLICY AREA "5" Special Policy Area "5" applies to an assembly of land to a depth of approximately Approveedd 407 metres along the west side of the Queen Elizabeth Way, with a frontage of Approved October approximately 190 metres on the south side of Lundy's Lane. The lands are 1998 designated Tourist Commercial and Open Space. 113A C O.P:A. #3 Approved October 1994 13.5.1 The Tourist Commercial lands are designated to reflect the Queen Elizabeth Way and Lundy's Lane exposure, and notwithstanding any other policies of the Official Plan, a factory outlet centre is permitted which will serve the needs of tourists and the travelling public. The factory outlet centre shall be comprised of an agglomeration of stores and commercial services. Besides a limited number of signature stores, the majority of the stores will not exceed 700 sq. metres in gross leasable floor area. Each store will market a limited number of brands or range of products. Also permitted are service commercial uses as permitted by the Zoning By-law, such as restaurants, etc., which serve the tourist oriented nature of the centre. 13.5.2 The Open Space lands are designated as such to protect the existing woodlot. SPECIAL POLICY AREA "6" Special Policy Area "6" shall apply to those lands located on the north side of Mountain Road and the west side of St. Paul Avenue, being comprised of Part of Lots 5, 16 and 25 and part of the road allowance between Township Lots 16 and 25, 2-99 as closed and conveyed, formerly Township of Stamford, now City of Niagara Falls, having an area of approximately 15.5 hectares as designated on Schedule "A" of this Plan. Development of these lands shall be subject to the following policies (See OPA 3): 13.6.1 A prerequisite for development of lands shall be the undertaking of a bank stability study. This study shall determine building setbacks and remedial measures to be employed to ensure bank stability necessary to satisfy the City, Ministry of Natural Resources and the Niagara Peninsula Conservation Authority. 13.6.2 Prior to submission approval and/or new residential construction, the developer shall be required to carry out a rail noise and vibration impact assessment from the railway operations along the Grimsby Subdivision main line in consultation with the Ministry of Environment and Energy, Canadian National Railways and the City of Niagara Falls. Council shall ensure that appropriate safety, noise and vibration mitigation measures are implemented at the subdivision and rezoning stages in consultation with the Ministry of the Environment, Ministry of Transportation and Canadian National Railways. 13.6.3 To ensure that the development of the subject lands is undertaken in an environmentally -sensitive manner and that a high degree of land use compatibility is achieved with respect to the surrounding residential neighbourhood, the design and layout of new residential development will be required to adhere to the following: a) that the panoramic view of Lake Ontario and the countryside presently enjoyed by the established neighbourhood is not obstructed; b) that a gradation of building heights and densities be established such that lower intensity housing is situated next to existing single detached homes; c) increased building heights shall be permitted where lands abut St. Paul Avenue but in no case shall the height of any building exceed five stories; d) roof designs of all multiple storey developments shall be consistent with the roof designs of existing development with roof top mechanical equipment appropriately screened from public view; e) the overall gross density of the site shall not exceed 22 units per hectare; f) that natural and regenerated areas be protected to the greatest extent possible; and 2-100 g) high standards of design and land use regulation will be applied through the subdivision, zoning by-law amendment and site plan processes. 13.7 SPECIAL POLICY AREA 7" O.P.A. #88 Special Policy Area 7" shall apply to the lands south of Ferguson Street to the CN Regional Rail corridor between Victoria Avenue and the westerly portion of the boundary of Approval properties fronting on River Road, with the exception of the Regional High Rate Pre - Nov 16, 2009 Treatment Facility. This Special Policy Area is recognized as a regeneration area and is envisioned as an employment area which will redevelop with a mix of light industrial, service commercial, office uses and recreational facilities. Existing residential uses south of Ferguson Street are recognized in this Special Policy Area. Further to the employment uses, a retail outlet mall shall be permitted on the lands. Given that the lands are within a Major Transit Station Area, this area is to be the focus of intensification with increased employment densities that support and ensure the viability of existing and planned transit service levels. 13.7.1 In addition to the Industrial policies in Part 2, Section 8, and other applicable policies of this plan, development of lands designated Industrial with a Special Policy Area designation is subject to the following policies: 13.7.1.1 These lands are intended to develop for a broad range of employment activities including light industrial; warehousing; office; laboratory and research facilities; automotive uses; service commercial uses; technology industries; recreational and fitness facilities. i) Industrial uses shall primarily occur inside buildings and have minimal outdoor storage. Any outdoor storage must be screened. ii) The implementing zoning by-law shall list the permitted uses as well as the development regulations which will apply. 13.7.1.2 In addition to Policy 13.7.1.1, a commercial outlet mall primarily serving the tourist market may be permitted on the approximately 21 ha site south of Buttrey Street. The mall shall serve as a catalyst to spur further development within the area. Each store within the outlet mall will market a limited number of brands or range of products. The outlet mall shall be regulated through a site specific zoning by-law amendment that will: i) limit the total retail gross floor area to 27,870 square metres within two phases. The first phase shall be limited to 18,580 square metres. An additional 9,290 2-101 square metres of retail space may be permitted after 2013; ii) limit the gross floor area for the individual retail units and retail signature stores through the implementing zoning by-law; iii) excludes department store, supermarket, home improvement centre and big box retail uses; and iv) apply the appropriate siting provisions for the development including, but not limited to, parking, setback, building massing and lot coverage. 13.7.1.3 The developer of the lands referenced under Policy 13.7.1.2 shall be responsible for all improvements to road system, including, but not limited to, design and traffic control measures required as a result of the development which occurs south of Buttrey Street. 13.7.1.4 Through the implementing zoning a limited range of industrial uses and no outside storage will be permitted on properties within 50 metres of Ferguson Street in this Special Policy Area in order to promote compatibility with the residential neighbourhood to the north. 13.7.1.5 This Plan provides for the continuation and expansion of the existing general industrial businesses within the Special Policy Area. In the long term, it is the intent of this Plan to provide for a transition of the area to light industrial, service commercial and tourist commercial uses. 13.7.1.6 In addition to the employment uses permitted in the areas, Tourist Commercial uses may also be developed on land to a depth of 120 metres from Victoria Avenue between Ferguson and Buttrey Streets. Development of this land for Tourist Commercial uses may be permitted subject to an amendment to the zoning By-law and the provision of the necessary infrastructure and transportation facilities to accommodate the development. 13.7.1.7 In order to ensure a comprehensive approach to servicing, street systems and stormwater management for the 21 ha property south of Buttrey Street development may occur by way of plan of subdivision, condominium, site plan control or other planning process. 2-102 13.7.1.8 The City of Niagara Falls, in consultation with neighbourhood residents and businesses, may prepare a plan to provide streetscape improvements along and in the Buttrey Street area and upgrade needed infrastructure. The City may also provide grants and loans to promote environmental remediation, building and site improvement, as well as acquire and prepare property for redevelopment as permitted in the Community Improvement policies of this Plan and in the City of Niagara Falls Brownfields Community Improvement Plan. 13.7.1.9 The development of the Buttrey Street area should provide for a high quality of streetscape design, site planning and building design. The intersection of Victoria Avenue and Buttrey Street should be improved to serve as a gateway to the district. Public and Private street design should provide for pedestrian comfort and accommodate the needs of cyclists and transit users while maintaining a connection between the Glenview residential area and the City's downtown. 13.7.1.10 The design and development of individual sites should have regard to the following principles: a) Buildings, with the exception of the outlet mall, are encouraged to be placed close to the street edge with a majority of parking located in the side and rear yards, subject to individual site development conditions. b) A high quality of building design is encouraged throughout this neighbourhood with particular emphasis on buildings fronting onto Victoria Avenue. c) Common driveways that access more than one site should be considered to minimize the driveways on public roadway. d) Loading and service areas should generally be located in the rear or interior side yard to minimize views from public streets. e) Loading areas should be provided so that all required truck movements are on-site. f) Outdoor amenity areas are encouraged to be provided for employees. g) Office and entrance elements should be generally oriented to the street with convenient visitor parking provided. 2-103 h) Landscaping should be used as a major visual element in unifying the streetscape, screening and softening long expanses of blank walls. i) Individual entrances of multiple tenant building should be identifiable without detracting from the overall appearance of the building. 13.7.1.11 Prior to the approval of a plan of subdivision, consent, or site plan application, an Environmental Site Assessment and remediation, and/or a Noise Study shall be required where necessary. 13.7.2 The Residential and other applicable policies of this Plan apply to the area designated Residential with a Special Policy Area designation. Prior to the approval of any planning application, an Environmental Site Assessment and remediation, and/or a Noise Study shall be required where necessary. 13.8 SPECIAL POLICY AREA "8" Special Policy "8" applies to the lands south of the Urban Area Boundary to Ussher's Creek and east of the QEW and to the lands surrounding the Sodom Road/QEW interchange. These lands are to be studied as part of Regional Niagara's Growth Management Study to determine if they are appropriate in the long range for urban development. Notwithstanding, the lands at the Sodom Road/QEW interchange, in the vicinity of the existing airstrip, will continue to be considered for the manufacturing of components as well as technological and research facilities related to the aerospace industry. Additional uses related to and complementary to aerospace industries shall be permitted as ancillary uses. Development shall be subject to an Official Plan amendment phased through amendments to the Zoning By-law and commensurate with approval of appropriate sewage disposal systems and potable water supplies. 13.9 SPECIAL POLICY AREA "9" Special Policy Area"9" includes lands in the vicinity of the possible extension of Highway 420 westerly, north of the CNR railway line and west of Garner Road. Although the lands are designated Industrial, the future development of this Area is not known and until appropriate studies are carried out, they are illustrated as a Special Policy Area. 13.10 SPECIAL POLICY AREA "10" The designation of Special Policy Area "10" is representative of the Drummond Hill area of Lundy's Lane. This area contains historic significance as the location of the Battle of Lundy's Lane in the War of 1812. It is intended that the lands in this area will be protected and preserved to commemorate the Battle of Lundy's Lane. 2-104 13.11 SPECIAL POLICY AREA "11" O.P.A. #2 Deleted by OPA 2, approved August 25, 1994. Approved August 1994 13.12 SPECIAL POLICY AREA "12" Special Policy Area "12" encompasses the lands known municipally as 7170 McLeod Road and located on the south side of McLeod Road, east of the Hydro Canal. This parcel has been used as offices and service facility. This Plan seeks to protect the interest of the use and to enable the occupancy of similar type uses. Therefore, notwithstanding the policies of this Plan, offices and service facility type uses or other similar type uses will be allowed. 13.13 SPECIAL POLICY AREA "13" Special Policy Area "13" includes those lands located along the east side of St. Paul Avenue and north of the former hydro haulage route. This area contains a number of residential, light industrial and commercial uses. Many of these uses have existed for many years. This Plan seeks to protect their interests for as long as they exist. In the long term, it is the intent of this Plan to provide for the transition of land uses to more desirable and appropriate land uses overtime. Notwithstanding the policies of this Plan, the existing land uses can be maintained. 13.14 SPECIAL POLICY AREA "14" Special Policy Area "14" includes the lands of the Bible Baptist Church located along the south side of Uppers Lane, west of Beechwood Road. The subject property contains a residence and a building used as a place of worship and day school. Notwithstanding the policies of this Plan, this Special Policy Area recognizes and limits the principal use of the lands to a place of worship and also permits a day school, playing fields and a residence as ancillary uses on the lands. 13.15 SPECIAL POLICY AREA "15" Special Policy Area "15" applies to the lands located along the south side of Morrison Street and east of Dorchester Road. This area is one of transition where, in addition to the industrial policies of this Plan, service commercial, limited specialty and office uses may be permitted subject to a zoning by-law amendment provided the uses are harmonious and would have minimal impacts on the surrounding area. F— 13.16 SPECIAL POLICY AREA "16" Special Policy Area "16" applies to the lands located along the west side of O.P.A. #1 Drummond Road between Ash and Murray Streets. These lands fall within the Approved Residential na desi tion of the Official Plan permits of ancillary uses. October 1993 g an wp erms a variety ancy 2-105 In addition to these uses, a liquidation centre, an auction hall and accessory offices will be permitted as interim uses until the lands are redeveloped for residential purposes. F-13.17 SPECIAL POLICY AREA "17" O.P.A. #4 Special Policy Area "17" applies to the lands located at the intersection of River Approved Road and Otter Street and known as 5171 River Road. These lands fall within the September Residential designation of the Official Plan which does not permit tourist commercial 1994 accommodations of the scale and intensity proposed. Notwithstanding this designation, a tourist home having eight rentable rooms will be permitted to operate in this location. 13.18 SPECIAL POLICY AREA "18" O.P.A. #6 Pine Tree Village Mobile Home Park is an existing use pursuant to the policies of the Approved Niagara Escarpment Plan. The lands may continue to be used for residential June 1996 accommodation in the form of trailer and mobile home dwelling units. The maximum number of trailers and mobile homes is restricted to 69 units serviced by a private sewage disposal system. Ancillary uses to the extent necessary to service the park residents may also be permitted where such uses are compatible with the residential environment and the natural features of the site and surrounding area. Ancillary uses may include open space, recreational facilities, utilities including sewage lagoons servicing the site and limited convenience commercial uses internal to the site and appropriately located to serve the residents of the mobile home park. The City will use Site Plan Control to achieve a high quality of development which ensures the safety of residents, satisfies applicable municipal licensing requirements, maintains the quality of the environment and minimizes the impact on the surrounding lands. In this regard, the Site Plan and Site Plan Agreement will provide for adequate municipal standards and will allow the existing development to be brought up the standards contained in the site plan. F— 13.19 SPECIAL POLICY AREA "19" O.P.A. #7 Special Policy Area "19" applies to the lands located on the southeast corner of the Approved unopened Graham Street road allowance and Montrose Road and known as 6398 January Montrose Road. Notwithstanding the intent of the Residential designation of the 1995 land, a catering and food take-out business will be permitted to operate within and in conjunction with an existing single -detached dwelling provided that the residential character of the property is maintained, with parking spaces provided only in the rear yard. Notwithstanding Part 4, Section 10.1.1 of the Official Plan, the above -noted property shall be subject to site plan control. 13.20 SPECIAL POLICY AREA "20" O.P.A.#53 Approved Special Policy Area "20" applies to 0.18 hectares of land located on the west side of April 2004, Montrose Road, between Chorozy Street and Alpine Drive. Notwithstanding the Replaced by O.P.A.#97 Approved Aug. 30 2010 2-106 Residential designation of the land, clinic, office and/or personal service shop uses can occupy the existing building to a maximum aggregate floor area of 228 square metres. These uses will be considered interim in nature in order to protect the long- term redevelopment of the land for multiple -unit residential purposes. 13.21 SPECIAL POLICY AREA "21" O.P.A. #12 Special Policy Area "21" applies to the lands known as 7611 Lundy's Lane. These Approved lands fall within the Tourist Commercial designation of the Official Plan. Up to one - May 1995 third (465 sq. m) of the existing plaza can be used for general retail purposes. 13.22 SPECIAL POLICY AREA "22" - O.P.A. #15 Withdrawn by Applicant F-13.23 SPECIAL POLICY AREA "23" O.P.A. #24 Special Policy Area "23" applies to the 10 hectare parcel of land located on the Approved northeast corner of Thorold Townline Road and Highway 20. These lands are January designated Good General Agriculture on Schedule "A" to the Official Plan. 1999 Notwithstanding the land use designation, a passive recreational park and a private club with a maximum floor area of 290 square metres is permitted on the site. The private club must be located to the west of the Ministry of Transportation of Ontario's designated right-of-way for the future realignment of Highway 20. Passive field sports such as boccie are restricted to existing grass covered areas located generally to the west of the designated right-of-way. F-13. 4 SPECIAL POLICY AREA "24" O.P.A. #21 Special Policy Area "24" applies to the 6 hectare parcel of land located on the east Approved side of Kalar Road approximately 395 metres south of the intersection of Montrose June 1998 Road. The lands are designated Good General Agriculture on Schedule "A" to the Official Plan. Notwithstanding the land use designation, up to 25 senior citizen housing units and/or a youth centre for sports and recreation will be permitted on the existing sanitary sewer facilities and private water supply. Development shall be limited to the extent of the capacity of the sanitary forcemain which is currently available to the site. F— 13.25 SPECIAL POLICY AREA "25" O.P.A. # Special Policy Area "25" shall apply to those lands on the west side of Stanley Approved Avenue owned by Marineland as shown on Schedule F. Notwithstanding the May 2000 Industrial designation on Schedule A - Future Land Use Plan, these lands shall be subject to the policies of Part 2, Section 6 - Theme Park - Marineland designation. The lands shall be used for the office and service buildings ancillary to the Marineland operations. Such uses are to be an integral part of the Marineland theme park. A specific zone will be established in the Zoning By-law for such uses and the expansion of this area shall be by amendment. 2-107 13.26 SPECIAL POLICY AREA "26" O.P.A. #27 Special Policy Area "26" applies to approximately 1.5 hectares of land located on the Approved northeast corner of St. Paul Avenue and Mountain Road. These lands are March 2013 OMB Decision designated Residential on Schedule "A" to the Official Plan. Notwithstanding the policies of Part 2, Section 1.7.3, an apartment building, having a maximum building height of 32 metres or 10 storeys, as measured from the elevation of 192 metres to the top of the tenth storey excluding the elevator or mechanical penthouse, which may include 929 square metres of neighbourhood commercial space, will be allowed on the lands up to a maximum density of 75 units per hectare. A prerequisite for site plan approval is a detailed noise and vibration study because the lands are within 500 metres of a railway line, and a detailed storm water management report because there are no storm sewers available to the service the site. F-13.27 SPECIAL POLICY AREA "27" O.P.A. #27 Special Policy Area "27" applies to 19.7 hectares of land located on the east side of Approved St. Paul Avenue, south of the CN railway line. These lands are designated Open May 2000 Space on Schedule "A" to the Official Plan. In addition to the Open Space Policies of this Plan which allow the existing golf course, driving range and an ancillary restaurant, the development of these lands shall be subject to the following policies: 13.27.1 A sand and gravel resource area will be protected on the easterly 5.5 hectares of the site until the Ministry of Natural Resources lifts the aggregate licence for this area. After the licence has been lifted and the sand and gravel extraction has ceased, the golf course will be allowed to expand into this area as part of an approved rehabilitation plan. The expansion of the golf course may be subject to certain separation requirements due to the proximity of the former Cyanamid waste disposal site. 13.27.2 A residential plan of subdivision comprised of lots for single detached dwellings may be considered on part of the lands. A noise and vibration assessment and an air quality study/impact assessment are required to be submitted with the subdivision application because of the proximity of a railway line, and an active sand and gravel pit. In addition, a soil study may be required to be submitted because wastes have been found on the site. The location of the subdivision may be subject to certain separation requirements due to the proximity of the former Cyanamid waste disposal site. The lands have the potential to contain archeological resources. A condition of draft plan approval will require development activities to cease and the Ministry of Culture to be informed if any archeological remains are uncovered. 13.28 SPECIAL POLICY AREA "28" O.P.A. 428 Special Policy Area "28" applies to approximately 1,118 sq. m of land located on the Approved northeast corner of Valley Way and Drummond Road. The lands are designated as July 2000 Residential on Schedule "A" to the Official Plan. Notwithstanding the policies contained in Section 3.4 Neighbourhood Commercial, these lands may be used for a full service beauty/hair salon, including a spa with massage therapy by one or more registered massage therapists. 13.29 SPECIAL POLICY AREA "29" - O.P.A. #29 Withdrawn by City 13.30 SPECIAL POLICY AREA "30" - Withdrawn through OMB decision 13.31 SPECIAL POLICY AREA 1131" O.P.A. #31 Special Policy Area "31" applies to the lands located on the west side of Kalar Road Approved and north of Lundy's Lane. Due to the proximity of an established Camping Nov. 2000 Establishment, residential development of the subject land shall at the interface be limited to single detached units and appropriate mitigation measures employed, including but not limited to the use of adequate separators, fencing, berming and landscaping." 13.32 SPECIAL POLICY AREA "32" O.P.A. #35 Special Policy Area "32" applies to approximately 0. 16 hectares of land located on Approved the northwest corner of the intersection of River Road and Eastwood Crescent. May 2001 These lands are designated Residential on Schedule "A" to the Official Plan. In addition to the policies contained in PART 2 SUBSECTION 1.2.3 and 4.2.35, a tourist home having eight rentable bedrooms for tourists will be permitted to operate in this location. 13.33 SPECIAL POLICY AREA "33" O.P.A. # Special Policy Area "33" applies to lands situated on the east side of Stanley Approved Avenue, north of Portage Road, south of the hydro corridor. Due to the proximity of May 2001 existing extractive industrial operations and railway to the west, the applicant will be required to prepare air quality (dust) studies, as well as noise and vibration studies as part of a future rezoning and/or plan of subdivision application. In addition, the following studies will be required prior to subdivision approval: - environmental site assessment to address possible effects of previous pesticide use from the existing orchard; - traffic impact study to address road entrances in relation to future realignment of Portage Road and Stanley Avenue; - storm water management plan; and - archeological resource study. 2-109 F-13.34 SPECIAL POLICY AREA "34" O.P.A. #37 Special Policy Area "34" applies to approximately 274 hectares of land located on Approved the north and south sides of Grassy Brook Road, between the Welland River to the April 2002 north and Biggar Road to the south, from Montrose Road to the east to OMB Decision approximately 225 metres west of Morris Road. The land is designated Open Amended by Space, in part, and Environmental Protection Area, in part. O.P.A. #69 April 2010 A. OPEN SPACE In addition to the Open Space policies of this plan, the lands described above are intended to be developed as a golf course resort. The following policies will apply to land described above and designated Open Space: 13.34.1 The majority of the land is intended to be developed for golf courses and driving range, including a golf course club house facility and accessory buildings and structures. A golf course club house developed as part of this facility shall have a maximum height of 2 storeys and shall be subject to the setbacks as established in the zoning by-law. 13.34.2 Approximately 50 hectares of the lands east of Crowland Avenue north of the CPR rail line within the urban area may be developed for a comprehensive golf course resort consisting of a full service or apartment hotel(s), vacation dwelling units, a resort clubhouse, a conference centre, a fitness centre/spa, an administration office, recreation centre and related ancillary uses, all of which are to be integral components of a golf course resort, and which are to be located on the lands designated SPECIAL POLICY AREA 34A and resort dwelling units on lands designated SPECIAL POLICY AREAS 34A, 34B and 34C. On the lands designated SPECIAL POLICY AREA 34A, a maximum of 650 hotel and/or vacation dwelling units maybe permitted. Building heights are limited to 5 storeys for the full service and/or apartment hotel(s), which hotel(s) may include vacation dwelling units. Buildings with vacation dwelling units only are limited to 3 storeys. Up to a maximum of 225 resort dwelling units, in the form of single detached, townhouse or other similar multiple unit dwellings, may be developed within the urban area as an integral part of the golf course resort on the lands designated SPECIAL POLICY AREA 34A and/or on the lands designated SPECIAL POLICY AREA 34B AND 34C. The resort dwelling units shall be developed through separate plans of subdivision or condominium. Resort dwelling units shall be a maximum height of 2 storeys. 2-110 The density permitted for the development of SPECIAL POLICY AREAS 34A, 34B and 34C is reflective of the development being a golf course resort; and has also been designed to be compatible with the heavy industrial land uses in the vicinity of this golf course development. 13.34.3 To ensure compatibility is maintained between the resort dwelling units, the vacation dwelling units, the places of assembly, and the other recreational and resort uses on the land and existing and future heavy industrial facilities permitted on Industrial designated lands situated to the northwest of Garner Road and Chippawa Creek road, and in recognition of the policies of Part 2, Section 9 of this Plan, the following policies will apply: a) A separation distance of 1.09 km shall be implemented through the amending zoning by-law to provide for a transition of land uses from these heavy industrial facilities to the lands under SPECIAL POLICY AREAS 34A, 34B and 34C and the uses thereon. Open space lands within the above noted separation distance will be restricted to low intensity recreational type uses such as golf course facilities and uses ancillary thereto, including the golf course club house facility and accessory buildings and structures, and shall not include any residential buildings or resort buildings providing places of assembly or overnight accommodations. As such, the uses permitted to be located on the lands designated SPECIAL POLICY AREAS 34A, 34B and 34C are not permitted to be located on the lands designated as Open Space only. The separation distance shall also be respected and illustrated in the design of any development on the lands designated SPECIAL POLICY AREAS 34A, 34B and 34C and identified in any site plan, subdivision and/or condominium approval(s). b) This separation distance will be measured from the intersection of Garner Road and Chippawa Creek Road to the closest point of the boundary of the lands designated SPECIAL POLICY AREAS 34A, 34B and 34C, and the separation distance shall be shown on the applicable zoning by-law schedules for the lands subject to this amendment. c) Any application to amend these Official Plan Policies or related implementing zoning by-law provisions shall be subject to the public notification requirements of the Planning Act with an expanded notice circulation to all properties within 1.5 km of the lands designated SPECIAL POLICY AREAS 34A, 34B and 34C. 2-111 13.34.4 The amending by-law(s) permitting the development of the lands designated SPECIAL POLICY AREAS 34A, 34B and 34C shall include a holding symbol "H". Prior to the removal of the "H" symbol: a) Studies demonstrating the availability of adequate municipal sanitary sewer, water, storm water management and transportation facilities shall be completed to the satisfaction of the City; b) Any noise impacts from the adjoining rail line on adjacent resort dwelling units shall be mitigated, as determined through a noise study to the satisfaction of the City and the Regional Municipality of Niagara; c) An environmental impact study to determine mitigation measures necessary to protect the Environmental Protection Areas identified in Section 14.34.9 of this plan shall be completed and the measures implemented to the satisfaction of the City, the Regional Municipality of Niagara and the Niagara Peninsula Conservation Authority; and d) A tree preservation plan to determine the extent that significant treed areas outside of Environmental Protection Areas are to be protected shall be completed and measures shall be implemented to the satisfaction of the City and the Regional Municipality of Niagara. 13.34.5 Development of the lands designated SPECIAL POLICY AREAS 34A, 34B and 34C will be subject to plan(s) of subdivision, plan(s) of condominium and/or site plan agreement(s) which shall implement, in addition to measures typically implemented under such controls, measures outlined in Sections 14.34.4, 14.34.6 and 14.34.7, as well as measures to control herbicide/pesticide impacts and to preserve any archeological resources. 13.34.6 The plan(s) of subdivision, plan(s) of condominium and/or site plan agreement(s) shall include a notice clause to notify owners and potential purchasers of the vacation dwelling units and/or resort dwelling units that there are potential odour, air and noise emissions, including the provision of lighting emanating from nearby industries, and, in particular, the existing and future heavy industrial facilities permitted on Industrial designated lands situated to the northwest of Garner Road and Chippawa Creek Road. 13.34.7 To ensure the safety of the residents and patrons, the golf course resort and lands designated to SPECIAL POLICY AREAS 34A, 34B and 34C will be designed to ensure proper and efficient access by 2-112 emergency vehicles, including consultation with emergency services including the Fire Department. 13.34.8 Notwithstanding Open Space policy 13.7, existing rural residences, remnant farm dwellings and hobby farms within the subject area shall be recognized and may continue as permitted uses as regulated by the Zoning By-law. B. ENVIRONMENTAL PROTECTION AREA Portions of the lands contain environmentally sensitive lands including provincially significant wetlands and are designated Environmental Protection Area. In addition to the Environmental Protection Area policies attached as Appendix IX to this plan, the following policies will apply to land described above and designated Environmental Protection Area: 13.34.9 Development of these lands, including site alteration, will not be permitted unless otherwise stated in this subsection. Development of adjacent lands shall not adversely impact the Environmental Protection Areas. In this regard, the recommendations of the Environmental Impact Assessment (March 2001) and Addendum Report Environmental Impact Assessment (June 2001) prepared by ESG International and any subsequent environmental impact assessments shall be implemented through the amending zoning by- law and through Section 13.34.5. Notwithstanding the above, bridge and municipal service crossings of watercourses within Environmental Protection Areas may be permitted provided an environmental impact assessment demonstrates that such lands will not be adversely impacted, and the necessary permits are obtained from the Niagara Peninsula Conservation Authority. 13.34.10 The boundaries of the Environmental Protection Area designation applying to watercourses west of Morris Road are approximate only. Prior to passage of the amending zoning by-law, the exact boundary of the fish habitat setback, as defined by the federal Department of Fisheries and Oceans, and the regulatory flood plain for these watercourses shall be mapped in consultation with the Niagara Peninsula Conservation Authority. F— 13.35 SPECIAL POLICY AREA "35" O.P.A. #40 Special Policy Area "35" applies to approximately 100 hectares of land located on Approved the south side of Brown Road, west of Kalar Road, north of Chippawa Creek Road. October While the Resort Commercial and Environmental Land Use Policies of this plan will 2002 2-113 continue to apply to this area, the Special Policy Area designation will permit the development of the land subject to the following policies. 13.35.1 The property is intended to be developed as a comprehensive fully integrated, large-scale resort commercial development consisting of both high and low intensity resort commercial components. These commercial components, as well as their locational requirements, are described in more detail by Policy 13.35.3.2. 13.35.2 Portions of the land contain designated Environmental Protection areas. The large significant woodlot/wetland on the site is to be retained and protected. It will be integrated into the resort commercial development by providing for passive recreational/education use. In order to ensure that Environmental Protection Areas are adequately protected, the following criteria shall apply: a) Any application to amend the Zoning By-law must be accompanied by an Environmental Impact Study completed to the satisfaction of the Regional Municipality of Niagara and/or Ministry of Natural Resources and/or the Niagara Peninsula Conservation Authority. b) The EIS shall identify the boundaries of provincially significant wetland habitats, use and woodlot areas, significant stands of trees, and fish habitats, together with appropriate means of mitigation for development including, but not limited to, distance separations, buffer requirements, drainage and stormwater management, and any other protection measures and monitoring procedures required to be implemented by the applicant. c) Only trail development will be permitted within the wetland boundary of the woodlot and only limited golf course development within the upland woodlot area. Such development will be subject to a detailed EIS at the Site Plan Agreement stage. 13.35.3 Pursuant to Part 2, Section 8 of this Plan, it is important to ensure that a compatible arrangement of land uses be maintained respecting lands designated and zoned for heavy industrial purposes situated to the west and the resort commercial development. These heavy industrial facilities are situated west of Garner Road and north of Chippawa Creek Road. In order to ensure compatibility between these sensitive land uses, the criteria set out below shall apply: a) A separation distance of 1.09 km will be implemented providing for a transition of land uses from these heavy industrial facilities to the intensive resort commercial component of the development. This minimum separation distance will be identified by a line running in a IAKE! north -south direction, across the subject property, measured 1.09 km from the eastern edge of the Garner Road allowance. b) The lands subject to the Amendment and located within the 1.09 km separation distance will be restricted to lower intensity uses such as golf courses, sports field, trails, water parks, garden centres, greenhouses and those uses normally ancillary thereto. In comparison, intensive resort commercial uses including resort and overnight accommodation facilities, places of assembly and/or entertainment, educational facilities, and/or housing for animals, and those uses normally ancillary thereto will be restricted to those lands beyond the 1.09 km separation distance. c) Any application to amend the policies associated with Special Policy Area "35" and/or the implementing zoning by-law shall be subject to the public notification requirements of the Planning Act and shall include circulation to registered owners of properties west of Garner Road, south of Brown Road within the municipal boundaries. d) Prior to development, a warning clause shall be registered on title of these lands to notify the owners of the land that there are potential odour, air and noise emissions, including the provision of high intensity lighting, emanating from neighbouring industries, including the heavy industrial facilities located west of Garner Road and north of Chippawa Creek Road, and from the Region's Garner Road Biosolids Treatment Facility. 13.35.4 Development of the land will be subject to a site specific zoning amendment which must address the following requirements: a) Building heights, particularly those used for accommodations, shall be low rise in design in order to be less affected by odours and air emissions from neighbouring industries, to fit in with the character of the area, and not dominate the natural landscape of the area. b) The zoning amendment will establish the exact boundaries of the natural features to be preserved. c) A zoning application must be accompanied by an overall traffic study, sanitary and water servicing study, stormwater management study, previously mentioned environmental impact study, as well as updated noise and odour studies. 13.35.5 Prior to any development, a master site plan shall be registered on title which shall identify the staging of development. Detailed site plans for each stage of development shall be added as an amendment to the master plan. Site plan agreements will be used to implement the findings 13.36 O.P.A. #41 Approved Dec. 2001 F-13.37 O.P.A. #42 Approved Jan. 2003 OMB Decision 2-115 of required archeological, environmental impact, and stormwater management studies. The agreements will also deal with lighting, fencing, parking and any other prescribed measure to mitigate the impact of the development. a) Should the development impact upon or alter existing conditions of Thompson Creek, located to the south of the development, the developer shall obtain consent of the owner of Thompson Creek to permit these impacts or alterations, or in the alternative shall redesign its development so as to maintain the existing conditions. These impacts or alterations include impacts on flood potential, erosion, water quality and quantity and fish habitat. b) The developer shall enter into development agreements with the City to address off-site traffic and road network improvements as required by traffic studies and/or relevant agencies. SPECIAL POLICY AREA "36" Special Policy Area "36" applies to approximately 0.33 hectares of land located on the northwest corner of the intersection of Drummond Road and Morrison Street. The land is designated Residential on Schedule "A" to the Official Plan. Notwithstanding the policies contained in Section 3.4, Neighbourhood Commercial, the lands may be developed with a one -storey office building not to exceed a gross floor area of 930 square metres including the basement. To ensure the office use of the property does not impact on and is compatible with the surrounding residential neighbourhood, the commercial development shall: be designed in an environmentally sensitive manner; maintain a high quality landscape setting; reflect the low scale residential character and pitched roof form of surrounding buildings. The higher development standards shall be implemented through site specific zoning provisions and site plan agreement. SPECIAL POLICY AREA "37" Special Policy Area "37" includes the subject lands described as follows: A. Part of Township Lot 1, Concession 1, Former Township of Crowland, now in the City of Niagara Falls, in the Regional Municipality of Niagara, being Parts 1 to 8, Reference Plan 59R- 8761, and Parts 5 to 13, Reference Plan 59R-3305. 2-116 B. Part of Township Lots 9, 10, 11 & 12, Concession 7, Part of the Road Allowance between Township Lots 10 and 11, former Township of Willoughby, now in the City of Niagara Falls, in the Regional Municipality of Niagara, being Parts 1 to 42, Reference Plan 59R-6480. D. Part of Township Lots 2 & 3, Part of Unopened Road Allowance between Parts 2 and 3, Broken Front Concession, Welland River, Former Township of Willoughby, now in the City of Niagara Falls, in the Regional Municipality of Niagara, being Parts 1 to 14, Reference Plan 59R-6996. F. Part of Township Lot 15, Broken Front Concession, Niagara River, Former Township of Willoughby, now in the City of Niagara Falls, in the Regional Municipality of Niagara, being Parts 1 to 8, Reference Plan 59R-5340. H. Part of Township Lot 6, Concession 7, Former Township of Crowland, now in the City of Niagara Falls, in the Regional Municipality of Niagara, being Parts 1 to 13, Reference Plan 59R- 7428. J. Part of Lot 12, Concession 4, Niagara River, Former Township of Willoughby, now in the City of Niagara Falls, in the Regional Municipality of Niagara, being Parts 1 to 14, Reference Plan 59R- 8642. C. Part of Township Lots 7 & 8, Concession 5, Former Township of Willoughby, now in the City of Niagara Falls, in the Regional Municipality of Niagara, being Parts 1 to 4, Reference Plan 59R-6827. E. Part of Township Lots 15 & 16, Concession 1, Former Township of Willoughby, now in the City of Niagara Falls, in the Regional Municipality of Niagara, being Parts 1 to 8 and 10 to 17, Reference Plan 59R-5128. G. Part of Township Lot 6, Concession 6, Former Township of Crowland, now in the City of Niagara Falls, in the Regional Municipality of Niagara, being Parts 1 to 16, Reference Plan 59R-7651. Part of Township Lot 1, Concession 6, Former Township of Crowland, now in the City of Niagara Falls, in the Regional Municipality of Niagara, being Parts 1 to 25, Reference Plan 59R-7401. K. Part of Township Lot 10, Concession 2, Former Township of Willoughby, now in the City of Niagara Falls, in the Regional Municipality of Niagara, being Parts 1 to 22, Reference Plan 59R-7414. 13.37.1 Within Special Policy Area No. 37 the following policies shall apply to non-farm residential development notwithstanding the Good General Agriculture designation of these lands: 13.37.1.1 A significant amount of non-farm land fragmentation activity has taken place in the former Townships of Willoughby and Crowland through a process known as testamentary devise. The testamentary devise process allowed parcels to be created through a bequest of land by Will, thus circumventing the Planning Act. The testamentary devise process resulted in the ad-hoc establishment of numerous "rural -residential type development" involving a concentration of parcels. The manner in which these parcels were created did not address the municipality's policies respecting land use planning and servicing. Having regard to the foregoing, the municipality is concerned that lands have been divided without the benefit of supporting studies dealing with such matters as potential land use conflicts, the long- term functioning of private waste disposal systems, impacts on natural features including woodlots, creeks and wetlands, increased demands for servicing, storm water management and municipal financial impacts. The parcels also represent a form of strip development which, from a design perspective, can create traffic impacts particularly along arterial roads. The majority of parcels within most of the testamentary devise reference plans do not meet current zoning by-law regulations and are generally smaller in size than envisioned for estate residential lots. 13.37.1.2 To effectively manage the development of testamentary devise lots, having regard to the concerns expressed, the following policies have been established by Council: 13.37.1.2 (1) Council will pursue the consolidation of the Willoughby and Crowland by-laws in order to prescribe a consistent set of standards for rural residential development on testamentary devise lots. a) Lot sizes shall be a minimum of 2.5 acres (1.01 hectare). b) Lot frontage shall be a minimum of 200 feet (60 metres). C) Under no circumstances will lot sizes or lot frontages be reduced from the minimum requirements. d) Testamentary devise lots having a lesser lot size or frontage than prescribed herein will not qualify for development unless they have met all of the zoning requirements set out in By-law No. 395, 1966 or No. 1538 (1958), as amended. 13.37.1.2 (2) Where testamentary devise parcels comply with the provisions of the zoning by-law as set out in Policy 13.37.1.2(1) 2-118 (a)(b)(c)(d),building permits may be issued provided the following criteria can be met. a) The applicant shall supply a deed of good title for the lands to the satisfaction of the City Solicitor's Department. b) The Niagara Peninsula Conservation Authority shall be satisfied that any proposed development is in compliance with the Authority's Fill, Construction and Alteration to Waterways Regulation (Ontario Regulation 99/91, as amended) and the Authority's approved Plan Input and Review Policies/Guidelines, as amended. Development is to be situated outside of the floodplain and shall be subject to any Fill Regulations associated with the floodplain. C) The Regional Municipality of Niagara shall be satisfied the lots comply with the Regional Policy Plan, with respect to the Minimum Distance Separation Formula prepared by the Ontario Ministry of Agriculture, Food and Rural Affairs. The Region shall also be satisfied that any proposed residential development shall comply with relevant Provincial Policy Statements which could require archeological and fish habitat impact studies. d) The City's Development Charges fee is paid by the applicant. e) The Regional Municipality of Niagara's Development Charge is paid, if applicable. f) Any development proposed on a testamentary devise parcel within 120 metres of a Provincially Significant Wetland complex, or significant woodlot boundary, will be required to complete an Environmental Impact Study to ensure the development will not impact features and functions. g) The Regional Public Health Department and/or appropriate agency shall be satisfied that the lot can accommodate the long-term functioning of a private waste disposal system and appropriate storm water management. To obtain these clearances, the following requirements shall be met: 2-119 i) A lot grading and drainage plan shall be submitted for each lot. All surface water must drain to a suitable outlet. The City's Municipal Works Division will review each plan to ensure individual plans conform to an overall drainage concept developed by the Municipal Works Division. If a suitable outlet or overall drainage conformity cannot be achieved, the applicant shall provide an engineered solution. ii) Each plan shall establish a building envelope, amenities envelope and a sewage envelope. iii) The sewage envelope shall depict primary and secondary tile bed and mantle areas setback a minimum of 30 feet from a property line. iv) Designs for primary and secondary tile beds and mantle areas will be based on a Class 4 tile bed system. v) All surface runoff must drain to a suitable outlet. Where a suitable drainage outlet is not readily available an engineered solution shall be provided. Where a lot is one of a grouping of six or more abutting lots which are less than the prescribed minimum lot size of 2.5 acres, and comply with section 13.37.1.2(1)d, a hydrogeological study and master drainage plan shall be submitted by the landowner. The hydrogeological study shall verify to the satisfaction of the Regional Public Health Department and/or appropriate agency that the lands can support a private waste disposal system in compliance with the Ministry of Environment's multiple lot criteria. The master drainage plan shall demonstrate storm water drainage as being addressed to the satisfaction of all agencies having an interest in this matter. h) All lots will be subject to a warning clause to be implemented via the site plan agreement indicating the lots could be subject to nuisances in the form of odour, dust and noise from either existing or future agricultural operations. 2-120 i) In order to reduce the traffic impacts associated with multiple driveways along arterial roads, abutting driveway entrances between lots shall be promoted. j) With respect to Reference Plan 59R-3305, as shown marked Map A on the attached map, any development shall satisfy the requirements of Trans Canada Pipelines. k) The dedication of road widenings will be reviewed on an individual basis based on the extent of existing development within the subject area, as well as previous road widenings dedicated to the City within and beyond the subject area. 1) The owners of lots shall be advised that there are no municipal water, storm or sanitary sewer services available to service these lots and the City will not consider requests for the extension of services. M) All of the above requirements in this section shall be implemented by site plan agreement. 13.37.1.2 (3) Where testamentary devise parcels have been created which do not meet the regulatory provisions of the zoning by-law, except for grandfathered parcels, the amalgamation of lots will be encouraged in order to permit the issuance of building permits. 13.37.1.2 (4) In order to encourage the amalgamation of parcels Council will provide opportunities for land severances provided the following conditions are met: a) The severance will promote lot amalgamation and/or better lot configuration. b) The severance will represent an improvement over existing conditions. c) The severance will not increase the number of testamentary devise parcels in a specific plan. d) The severance will not involve lands outside of testamentary devise plans. 13.37.1.2 (5) By encouraging the amalgamation of lots and the consolidation of by-law standards, it is Council's intent to reduce the impact of unplanned development in the rural area, provide better 2-121 configured estate size parcels and improve the prospects for the long-term functioning of waste disposal systems for each testamentary devise reference plan. In this respect, the attached Appendix V, Maps 1 to 11 illustrate each testamentary devise reference plan as it exists and the optimum or desired layout for each plan based on the implementation of these policies. 13.37.1.2 (6) The municipality will not assume any new internal road patterns intended to provide frontage to existing internal testamentary devise parcels. The objective is for existing internal testamentary devise parcels which do not front on a municipal road allowance, to amalgamate to form one larger parcel of land or alternatively be merged with existing parcels in the same reference plan which front on a roadway. This will eliminate the internal parcels and/or construct larger, better configured parcels. 13.37.1.2 (7) Where unopened municipal road allowances currently exist, roads may only be extended by agreement with the City, and subject to appropriate studies, as may be required. 13.37.1.2 (8) The Environmental Protection Area policies of the Official Plan will continue to be adhered to. In this regard, a zoning amendment shall be processed which zones all the natural areas within these plans (flood plains, Provincially Significant Wetlands) as hazard lands. Development will not be permitted within floodplains and identified boundaries of Provincially Significant Wetlands. F-13.38 SPECIAL POLICY AREA "38" O.P.A. #43 Special Policy Area "38" applies to that portion of the lands located south of the Approved Beaverdams Creek which are part of a 1.3 hectare (3 acre) parcel located at the Oct. zoos southwest corner of Beaverdams Road and Kalar Road, known municipally as 8310 OMB Decision Beaverdams Road and Kalar Road, being part of the former Township of Stamford Lot 122, now City of Niagara Falls. Notwithstanding the Good General Agriculture designation on the subject lands, a contractor's shop and yard may be permitted on a limited scale and may include a building not to exceed 557 square metres to be used as a repair shop, storage building and office in conjunction with the permitted use. The contractor's yard is to be separated from the Beaverdams Creek, designated as Environmental Protection Area, by either a 3 -metre planted buffer or a closed -board fence located at the top of the bank. The bank of the creek is to be graded to a 3:1 slope. The lands shall be included as an area of site plan control. 13.39 SPECIAL POLICY AREA "39" O.P.A. #46 Special Policy Area "39" applies to approximately 111.5 hectares of the land located Approved at the foot of Oldfield and Drummond Roads, being the former Canadian Pacific April 2003 Railway Marshalling yard, except those lands identified as Special Policy Area "53". These lands are designated Open Space on Schedule "A" to the Official Plan. While the Open Space Land Use policies of the Plan will continue to apply to this area, the Special Policy Area designation will permit the development of land subject to the following policies: 13.39.1 The property is intended to be developed for a golf course with the accessory uses customarily incidental to a golf course and may include: a driving range and various recreational amenities. 13.39.2 Portions of the land contain Locally Significant Wetlands and Woodlands. These natural features will be integrated into the golf course through the design and development process. In order to ensure that the Significant Wetlands and Woodlands are adequately protected, Site Plan Control shall apply to the golf course, driving range and accessory facilities. Particularly: a) the Site Plan shall provide appropriate buffers and buffer management techniques to protect and enhance the Locally Significant Wetlands, Woodlands and other isolated environmental features as recommended in an approved environmental impact study and a tree preservation plan. The environmental impact study and tree preservation plan shall be completed by a qualified professional(s) to the satisfaction of the Regional Planning and Development Department and the City of Niagara Falls. The Site Plan shall also address grading, stormwater management and herbicide/pesticide impacts. 13.39.3 Notwithstanding the Open Space policies of this Plan, approximately 24 hectares of land which encompass the lands historically used as a railway line and marshalling yard shall be subject to the following: a) Redevelopment of the said railway line and marshalling yard will be subject to site specific zoning including the use of a Holding "H" provision as provided for in Part 4, Section 4.2 of this Plan and subject to the preparation of a plan to address the method and extent of lands to be decommissioned; b) Prior to the removal of the "H" symbol and before redevelopment of the former marshalling yard occurs, a remediation program (if required) will be established for the site or part thereof, and 2-123 decommissioned in accordance with the regulations of the Ministry of Environment; and c) Should Canadian Pacific Railway retain a portion of the 24 hectare site, and said retained portion not be redeveloped for golf course purposes, industrial uses compatible with surrounding sensitive land uses shall be permitted. F— 13.40 SPECIAL POLICY AREA "40" O.P.A. #47 Special Policy Area "40" applies to approximately 32 hectares of land located on the Approved north side of Miller Road between Willoughby Drive and the Niagara Parkway. While May 21, 2003 the Good General Agriculture and Environmental Protection Area land use policies of the Official Plan will continue to apply to this area, the Special Policy Area designation will permit the estate residential development of the land, as provided for in Regional Policy Plan Amendment 113, subject to the following policies: 13.40.1 Single -detached dwellings on large estate lots ranging in area from 1 hectare (2.5 acres) to 2 hectares (5.0 acres) shall be permitted within the Special Policy Area. Development shall be by plan of subdivision that provides an internal street system, and is designed to be compatible and complementary with the surrounding rural character and sensitively integrated with natural features. Individual lots shall be serviced with private water and waste disposal systems. The division of estate residential properties to create smaller parcels will not be permitted after plan registration. 13.40.2 The site includes a tributary of Ussher's Creek, classified as a Critical (Type 1) fish habitat. This watercourse is designated Environmental Protection Area corresponding to the 100 -year Floodline approved by the Niagara Peninsula Conservation Authority. Special protection measures are required for development near the watercourse including specific review and approval for a proposed roadway crossing of the creek. 13.40.3 A large woodlot in the northeast section of the subject land, as well as hedgerows providing wildlife corridors and connecting with the woodlot and the creek, are designated Environmental Protection Area. These lands are in private ownership and shall be protected. There is no tree cutting permitted within the woodlot except in accordance with an approved Tree Saving/Preservation Plan and the Regional Tree Conservation By-law. 13.40.4 Provisions within the implementing zoning by-law and the subdivision agreement for the development require special protection for the natural features of the site. No structures shall be allowed in the Environmental Protection Area - designated floodplain, woodlot and hedgerows. Increased building setbacks are necessary, and studies regarding l"+AM"! stormwater management and the protection of the fish habitat are required. 13.41 SPECIAL POLICY AREA "41" O.P.A. #48 Special Policy Area "41" applies to approximately 0.41 hectares of land located on Approved the southwest corner of Elgin Street and Terrace Avenue. The land is designated Sept.2003 Residential on Schedule "A" to the Official Plan. Notwithstanding the policies contained in Part 2, Section 1.2, an inn, comprised of not more than two buildings and not more than 16 guest suites, shall be permitted. The inn may include a dining room and a spa for the sole use of overnight guests. The spa may include massage therapy which shall be provided by registered massage therapists. The existing apartment building, which is a historically significant structure, shall be converted from its residential use and may contain up to 10 guest suites. A second building may contain up to six guest suites. Development shall be subject to Site Plan Control and an agreement registered on title in order to address access, parking lot design and construction, loading, refuse storage, lighting, landscaping, fencing and servicing to ensure compatibility with the neighbouring residential properties. F-13.42 SPECIAL POLICY AREA "42" O.P.A. #49 Special Policy Area "42" applies to approximately 8 hectares of land located on the Approved south side of Dunn Street, west of Ailanthus Avenue. The lands are designated May 2004 Residential on Schedule "A" to the Official Plan. Notwithstanding the policies of Part OMB Decision #0900 2, Section 1 - Residential, a tourist commercial -serving satellite parking lot and associated administration/security/employee building shall be permitted to be developed on the lands, subject to the following policies: 13.42.1 The use of the lands as a satellite parking lot shall be restricted to providing some or all required, additional, and employee parking, by valet or other service, for a number of properties located in the Central Tourist District. 13.42.2 Not more than 600 employee parking spaces shall be permitted on the lands. The lands shall not be used as a commercial parking lot, being an area used for the temporary parking of vehicles for profit or gain. 13.42.3 The floor area of the administration/security/employee building shall not exceed 2,800 square metres. 13.42.4 The satellite parking lot shall be linked to the lands in the Central Tourist District by a site specific zoning by-law. In order to ensure that the satellite parking lot is utilized exclusively for some or all required, additional, and employee parking, by valet or other service, as set out in Policy 13.49.1 and to reduce the impacts of the satellite parking lot on the surrounding residential land uses, the implementing zoning by-law shall include provisions to: 2-125 a) prohibit the satellite parking lot from being used as a commercial parking lot; b) limit the maximum number of employee parking spaces to 600; c) specify the height, location and extent of the noise attenuation barrier; and d) specify the location and width of perimeter landscape strips. 13.42.5 The maximum number of parking spaces permitted on the lands shall be 1,651. The first phase of development shall not exceed 1,360 parking spaces. Expansion of the number of parking spaces to 1,651 shall occur only if the surrounding road network can accommodate the expected increase in traffic volume and shall be controlled with a holding "H" provision. Lifting of the holding provision shall be subject to the following: a) a traffic analysis, satisfactory to the Director of Municipal Works, that addresses impacts to the surrounding road network and any necessary road improvements; and b) an amended Site Plan Agreement and any necessary Development Agreement relating to off-site works being registered on title. 13.42.6 The development of the satellite parking lot shall be subject to Site Plan Control and a site plan agreement registered on title in order to address the following matters so as to minimize the impacts on the surrounding residential land uses: a) access and traffic circulation at the Dunn Street entrances; b) parking lot design and construction, including grading and storm water management; c) lighting and floodlighting; and d) landscaping, berming and buffering treatments including mitigative measures to address noise, lighting and odour abatement. 13.43 SPECIAL POLICY AREA "43" O.P.A. #104 Special Policy Area 43 applies to approximately 24 hectares of land located on the Approved northwest corner of Lundy's Lane and Beechwood Road, through to Thorold July 24, 2012 Townline Road. In addition to the policies of Part 2, Section 7 - Good General By-law #2012-69 Agriculture, a tourist home having not more than four rentable rooms for tourists shall be permitted on the lands. An estate winery may be permitted as a secondary use to a vineyard operation subject to the following policies: 2-126 13.43.1 To ensure an estate winery is secondary to the principal farm use, the minimum area of vineyards to be planted shall be 8 hectares, of which 75% shall be actively producing grapes. 13.43.2 A local farm produce building shall be permitted as an agriculturally related use to the farm operation and may sell produce and other local agriculturally related products. 13.43.3 The maximum floor area for an estate winery, local farm produce building, and ancillary uses, excluding storage, shall be 1300 square metres in order to ensure the estate winery is small scale. 13.43.4 All ancillary uses to a winery shall not detract from the principal agricultural use nor adversely affect surrounding land uses. 13.43.5 The estate winery shall be subject to site plan control to ensure that the winery operations do not negatively impact the agricultural use of the land and manage servicing, parking, drainage and landscaping. 13.44 SPECIAL POLICY AREA "44" O.P.A. #51 Special Policy Area "44" refers to a parcel of land approximately 40 hectares in size eppaoved and located on the west side of Garner Road and north of Lundy's Lane. In order OMB Decision that development occur in a manner appropriate with the attributes and constraints #3381 of the site, the following special policies apply: 13.44.1 The lands described in Map 1 being Schedule A hereto as "RESIDENTIAL", shall be designated Residential and, although the Phase 1 Plan Subdivision approved by the Ontario Municipal Board on or about November 10, 2006 may have only residential single family lots, the lands will feature an integrated housing mix throughout the site with an overall minimum of 6 units per acre to provide for efficient land use and foster a diverse and attractive community within the plan area. A variety of single family lot sizes along with townhomes, apartments and multiple residential units will be integrated throughout the plan area in order to provide a choice of housing types and tenure. 13.44.2 A 5 hectare woodlot containing rare Carolinian tree species is located along the northerly periphery of the residential area. This area, which is bounded by the woodlot dripline, will be protected in accordance with the policies of Part 2, Section 11, Environmental Protection Areas. 13.44.3 In order to ensure that future residential development adjacent to the woodlot in 13.44.2 is designed in a sensitive manner and does not negatively impact on its features and functions, the following shall be implemented: PAWA i) development and structures surrounding the woodlot area shall be set back 5 metres from the drip line of the woodlot perimeter; and ii) any master grading plan prepared for the development of adjacent residential lands shall be sensitive to the protection of the woodlot area. 13.44.4 Council is required to plan for, protect and preserve employment areas for current and future uses. In this respect, prior to residential uses being permitted, Council should ensure that the future residential use cause no undue negative impacts or place no undue limitations on permitted and lawful industrial use of the Industrial designated lands (the Redpath Facility) shown on Map 1, being Schedule A hereto, located directly south of the lands subject to Special Policy 44. 13.44.5 Prior to Council passing by-laws, the City entering into any subdivision agreements, or the City granting subdivision approval permitting residential uses on lands subject to Special Policy 44, the City shall be satisfied having had regard for applicable environmental guidelines, that adequate buffering and separation distance is achieved between any proposed residential development and the Redpath Facility, with particular regard for noise and vibration so as to minimize adverse impact from the new development on the ability of the industrial use to conduct lawful operations and to expand as permitted under existing zoning in compliance with municipal and provincial lawful requirements and to minimize adverse impacts on the new development from the continuing abutting industrial use and its potential for operational expansion. F— 13.45 SPECIAL POLICY AREA "45" O.P.A. #52 Special Policy Area "45" applies to 0.18 hectares of land located on the southwest Approved corner of Barker Street and Drummond Road. Notwithstanding the Residential May 2004 designation of the land, not more than two offices can occupy the first and second floors of the existing building to a maximum aggregate floor area of 275 square metres. The office uses will be considered interim in nature to protect the long-term redevelopment of the lands for multiple -unit residential purposes. 13.46 SPECIAL POLICY AREA "46" O.P.A. #54 Special Policy Area "46" applies to approximately 2.18 ha of land located on the AugustApproved north side of Lyon's Creek Road. The land is designated Residential on Schedule OMB Decision "A" to the Official Plan. Notwithstanding the policies contained in Part 2, Section #1396 1.2, Residential and Section 3.4, Neighbourhood Commercial, the existing building may be used for a restaurant and retail stores to a maximum of 515 square metres of gross leasable floor area until the lands are developed for residential purposes. Private services are to be provided to the satisfaction of the Regional Public Health 2-128 Department. In order to ensure that the site is developed to minimize impacts on the neighbouring residential land uses, Site Plan Control shall apply to the land and a site plan agreement shall be registered on title which addresses landscaping, drainage, lighting, vehicular access and parking and related issues. F— 13.47 SPECIAL POLICY AREA "47" O.P.A. #55 Special Policy Area "47" applies to 1.1 hectares of land located on the north side Approved of Biggar Road, west of Morris Road. Notwithstanding the Good General sept. 2004 Agriculture designation of the land, a contractor's yard may be permitted. The yard may include buildings and structures not exceeding a gross floor area of 1,650 square metres and a height of one storey, for the purpose of an office and vehicle storage, maintenance facility and ancillary storage. Site Plan Control shall apply to the land and a Site Plan Agreement shall be registered on title. The agreement shall satisfactorily address mitigation and screening measures between the development and abutting residential use as well as grading, drainage, landscaping, tree preservation and lighting. 13.48 SPECIAL POLICY AREA "48" O.P.A. #59 Special Policy Area "48" applies to approximately 1.9 hectares of land located on Approved the southwest corner of McLeod Road and Alex Avenue. Notwithstanding the Minor June 2005 Commercial Policies, only one hotel, not exceeding 4 storeys and 138 rooms, is allowed to be developed on the northeast portion of the land due to the proximity of an established neighbourhood to the south. The balance of the land may be developed for general commercial purposes, not exceeding 2 storeys and a floor area of 2,576 square metres. To ensure the developments do not impact the neighbourhood to the south, provisions shall be included in the amending by-laws to require high quality landscaped settings and any restaurants to be located in the northerly half of the site. 13.49 SPECIAL POLICY AREA "49" O.P.A. #68 Adopting By-law for O.P.A. #68 repealed by By-law No. 2009-42 & replaced by Approved O.P.A. #86 (Special Policy Area "60"). Jul. 10/06 By-law#2006-126 F— 13.50 SPECIAL POLICY AREA "50" O.P.A. #70 Special Policy area "50" applies to 85.68 hectares of land located north of Thorold Approved Stone Road, west of Taylor Road, south of former Mountain Road and east of June 2007 Thorold Stone Road (Township Lots 31, 49, 50 and 66 in the former Township of Stamford). The land is designated Extractive Industrial in the Official Plan and has been used for aggregate extraction. Notwithstanding the policies contained in Part 2, Section 9 - Extractive Industrial regarding final rehabilitation of the site for 2-129 agricultural use, an interim land use consisting of a non -hazardous, solid waste landfill use shall be permitted. The landfill shall operate as part of an integrated system of waste management facilities located on adjacent lands. The adjacent waste management facilities may include, but are not limited to: residential and small business recycling; yard waste and waste drop-off; composting for organic waste; landfill gas collection and distribution for re -use; recycling of asphalt, concrete, glass and other ICI (Industrial, Commercial and Institutional) materials; haulage for waste and recyclables and a bio -solids management facility. The maximum annual capacity of the landfill site will be 750,000 tonnes accommodating waste from the Province of Ontario. An additional capacity of up to 100,000 tonnes may be used by the Regional Municipality of Niagara for contingency/emergency waste residuals. 13.50.1 The landfill use is expected to operate for 20 to 25 years commencing in 2009. Site preparation may take place prior to the commencement of landfilling. 13.50.2 Landfilling will be done in phases. Final rehabilitation to an agricultural land use shall take surrounding land use and approved land use designations into consideration. Plantings and landscaping required through the approval of the Environmental Assessment shall remain throughout and subsequent to the rehabilitation of the lands to an agricultural use. 13.50.3 All necessary approvals under the Environmental Protection Act shall be obtained prior to commencement of the landfill use. Other approvals, such as under the Ontario Water Resources Act, shall be obtained as required. 13.50.4 The City may enter into an agreement to address the Host Community Compensation program to ensure land use compatibility with the surrounding area. 13.51 SPECIAL POLICY AREA "51" O.P.A. #72 Special Policy Area "51" applies to approximately 4 hectares of land located Approved northwest of the Stanley Avenue and Portage Road intersection. These lands are June 2007 designated Residential on Schedule "A" of the Official Plan. Notwithstanding the policies contained in PART 2, Section 1.7.5 and in addition to the policies contained in PART 4, Section 4.2, a comprehensive residential community may be developed on the land in accordance with the following policies: 13.51.1 A maximum of 276 dwelling units to a maximum overall density of 75 units per hectare may be developed on the land, consisting of up to two apartment dwellings, with a maximum building height of 10 storeys and 37 metres, and group dwellings. 2-130 13.51.2 The community shall be developed in an attractive landscaped setting with appropriate buffering and landscaped setbacks from adjacent land uses. Any on-site stormwater management facilities shall be designed in such a way as to contribute to the aesthetics of the development. 13.51.3 Development will be subject to a Plan of Subdivision(s), Plan of Condominium(s) and/or Site Plan Control which shall implement, in addition to measures typically implemented under such controls, measures outlined in Sections 13.51.4 below. 13.51.4 The development shall be designed in a manner to ensure impacts of surrounding industrial uses are mitigated and adequate building setbacks are provided from the adjacent railway line. To ensure land use compatibility, noise and servicing matters are addressed, the amending zoning by-law shall include a Holding "H" provision. Prior to removal of the "H" symbol, the following matters shall be completed and addressed in an appropriate agreement: (a) The aggregate mining pits on the subject land shall be closed and decommissioned to the satisfaction of the Regional Municipality of Niagara and the Ministry of Natural Resources. (b) A study demonstrating the availability of adequate stormwater management facilities shall be completed to the satisfaction of the City and the Regional Municipality of Niagara. (c) A noise and vibration study shall be completed addressing potential impacts from the adjoining rail line on adjacent dwellings, to the satisfaction of the City, the Regional Municipality of Niagara and CN Rail. (d) An agreement shall be executed with Hydro One Networks securing a driveway to Portage Road. (e) A traffic study shall be completed to identify the necessary improvements to surrounding roads, to the satisfaction of the City and the Regional Municipality of Niagara. (f) A dust study shall be completed to ensure there are no adverse impacts from aggregate mining pits on the adjacent lands, to the satisfaction of the City and the Regional Municipality of Niagara. F— 13.52 SPECIAL POLICY AREA "52" O.P.A. #75 Special Policy Area "52" applies to approximately 0.89 hectares of land located on Approved the southwest corner of Sodom Road and Nassau Avenue. The land is designated Nov. 2007 Residential, in part, and Environmental Protection Area, in part, on Schedule "A" to 2-131 the Official Plan. The land is adjacent to the Hunter Drain which is a Type 1 fish habitat. Notwithstanding the policies contained in Part 2, Section 3.4, Neighbourhood Commercial, the lands may only be developed with a 1500 square metre restaurant and an associated parking lot. To ensure the development does not impact on and is compatible with the Hunter Drain, an Environmental Impact Study must be completed to the satisfaction of the Regional Municipality of Niagara. This policy will be implemented through zoning and site plan control. The measures recommended by the Environmental Impact Study, as well as landscaping, drainage, lighting, vehicular access and parking lot surfacing, shall be addressed in a site plan agreement. F— 13.53 SPECIAL POLICY AREA "53" O.P.A. #77 Special Policy Area "53" applies to approximately 11 hectares of land located north - Approved Nov. 2007, east of the Drummond Road and Oldfield Road intersection. The lands are Replaced by designated Residential and Environmental Protection Area. O.P.A. #98 Approved Jan. 17, 2011 13.53.1 The Residential policies of the Plan will apply to the area designated Residential with a Special Policy Area designation that permits the development of the land subject to the following policies: a) A maximum of 321 dwelling units may be developed on the land consisting of a mix of townhouse units, single -detached dwellings and one apartment building with a maximum height of 10 storeys. b) Development will be subject to Plan(s) of Condominium which shall implement site controls including grading and storm water management. Also through Plan(s) of Condominium and/Site Plan agreements, a tree preservation plan shall be completed to determine the extent of treed areas outside of Environmental Protection Areas that are to be protected and the measures to implement protection to the satisfaction of the City and the Regional Municipality of Niagara. c) The residential units shall be developed in an attractive landscaped setting and shall be designed in a manner to ensure land use compatibility. 13.53.2 No development or site alteration shall be permitted within the areas designated Environmental Protection Area. An area of natural regeneration along the southerly limit of the hydro corridor shall be delineated through the Plan(s) of Condominium. Conservation easements within the back yards of the lots abutting the natural regeneration area and along Drummond Road will protect those trees and shall be required through Plan(s) of Condominium. 2-132 13.54 SPECIAL POLICY AREA "54" O.P.A. #78 Special Policy Area "54" applies to approximately 1.05 hectares of land located on Approved the south side of Marineland Parkway, east of Alex Avenue. The land is designated Jan. zoos Residential on Schedule "A" of the Official Plan. Notwithstanding the policies contained in PART 2, Section 1.7.5, the land can be developed for up to two apartment dwellings with a maximum overall density of 154 units per hectare, subject to the following policies: a) to ensure the development is compatible with low density housing located to the southwest, a gradation of building heights will be achieved by restricting building heights on the westerly half of the land to 4 storeys and the maximum building height of 8 storeys will only be permitted on the easterly half of the land; and b) to ensure the provision of adequate servicing infrastructure to the site, the amending by-law shall include a holding symbol "H". Prior to the removal of the "H" symbol, the owner shall enter into a development agreement(s) with the City to provide the servicing infrastructure for the land. 13.55 SPECIAL POLICY AREA "55" O.P.A. #80 Special Policy Area "55" applies to approximately 550 square metres of land located Approved on the west side of Drummond Road, between Thorold Stone Road and Crawford Mar. 31, Zoos Street. The land is designated Residential on Schedule "A" to the Official Plan. In addition to the policies contained in Part 2, Section 1.2, Residential, the property may be used for a single detached dwelling, a duplex dwelling or an office subject to a zoning amendment. The amending zoning by-law shall include provisions addressing the maximum floor area of the office, minimum landscaped open space and fencing. Any required alteration of the site shall be subject to site plan control. 13.56 SPECIAL POLICY AREA "56" OPA #100 Special Policy Area "56" applies to approximately 252 hectares of land located Approved by south of McLeod Road and north of Chippawa Parkway, between Stanley Avenue OMB June 4, and Dorchester Road. The lands are designated Residential and Environmental 2012 Protection Area. 13.56.1 The Residential policies of this Plan apply to the area designated Residential with a Special Policy Area designation. Development will occur in accordance with a Secondary Plan to be adopted as an amendment to this Plan. The extent of the Residential designations and Environmental Protection Area designations may be affected by the environmental and feasibility studies yet to be completed and will be refined through the Secondary Plan process. 2-133 13.56.1.1 Notwithstanding that development is to occur in accordance with a Secondary Plan, approximately 23 hectares of land located on the northwest quadrant of Oldfield Road and Drummond Road may be developed in advance of a Secondary Plan by way of a plan of subdivision in accordance with the policies contained in Part 2, Section 1.4, Residential and Sections 14.56.2, 14.56.4 and 14.56.5 below. 13.56.2 The Secondary Plan shall address the policies of Part 4, Section 3 of this Plan and the following: 13.56.2.1 Residential design in compliance with the greenfield policies and density targets of the Growth Plan for the Greater Golden Horseshoe and all applicable Growth Management Studies. 13.56.2.2 The separation and buffering of sensitive land uses from existing rail lines and proximate industrial land uses, facilities and designations in accordance with relevant Provincial and Regional policies and regulations and in consultation with industrial properties owners in the area. 13.56.2.3 The availability of adequate municipal services including road, water, sanitary sewer and stormwater management services including the location of a pumping station to service the southern portion of the subject lands. 13.56.2.4 For the purposes of 14.56.2.1 above, the density targets for the Growth Plan for the Greater Golden Horseshoe and all applicable Growth Management Studies will be based on the entire Secondary Plan area and not any individual development. 13.56.3 The Secondary Plan may include design guidelines for public realm facilities including neighbourhood structure, block design, lot size and variety, neighbourhood edge interfaces, local street design guidelines, sidewalks and streetscaping, parks, trails and open spaces and natural heritage as well as the private realm including building variety and density, setbacks, building height, apartment buildings and parking areas. 13.56.4 The Secondary Plan shall require the completion of the appropriate studies or the receipt of Records of Site Conditions through implementing planning applications. 2-134 13.56.5 No development or site alteration shall be permitted within the areas designated Environmental Protection Area. Refinement to the extent of the Environmental Protection Area and Residential designations and the establishment of appropriate setbacks and linkages will occur at the Secondary Plan, zoning by-law, plan of subdivision, plan of condominium and site plan control stages and shall be based on detailed Environmental Impact Studies. 13.56.6 As part of the Secondary Plan, the proponent shall prepare a report to determine the feasibility of creating a wetland area south of the Con Rail Drainage Ditch to the satisfaction of the Niagara Peninsula Conservation Authority (NPCA). (a) The report will assess the feasibility of satisfying the following criteria: - That an area of wetland be created south of the Con Rail Drainage Ditch that is greater than or equal to the area of wetland to be lost north of the Drainage Ditch. The boundary of all wetlands located north of the Con Rail Drainage Ditch will be verified in the field by a qualified biologist to accurately assess the area of wetlands to be developed and created. - That the wetland created south of the Con Rail Drainage Ditch be constructed to match both the hydrological and ecological functions of any wetlands to be lost north of the Drainage Ditch. (b) In order to determine the feasibility of creating wetlands south of the Con Rail Drainage Ditch, the feasibility report shall include the following items: - A detailed assessment of all earthworks and site grading required to facilitate wetland creation on the site. The assessment shall also include a detailed inventory of vegetation to be removed through any required earth works and site grading. - A hydrological assessment which will outline and detail the existing hydrologic function of wetlands located north of the Con Rail Drainage Ditch, as well as assess the potential of creating wetlands south of the Con Rail Drainage Ditch. - A detailed inventory of all vegetation to be removed from wetlands north of the Con Rail Drainage Ditch, as well as 2-135 an assessment of habitat conditions and wildlife species utilizing wetland areas north of the Drainage Ditch. (c) No land clearing, vegetation removal or site alteration be commenced within any wetland area north of the Con Rail Drainage Ditch until all wetland creation works south of the Drainage Ditch are completed to the satisfaction of the N PCA. 13.56.7 The subject lands will be placed in an appropriate "Holding" category in the implementing zoning by-law in order to control further development in advance of approval of the secondary plan, plans of subdivision/ condominium and site plan. F— 13.57 SPECIAL POLICY AREA "57" O.P.A. #82 Special Policy Area "57" applies to approximately 77 hectares of land located on the OMB Approved north side of Brown Road, west of Montrose Road to just east of Garner Road. The Apr. 21, 2009 lands are designated Residential, Industrial and Environmental Protection Area. By-law #2008-73 13.57.1 The Residential policies of this Plan apply to the area designated Residential with a Special Policy Area designation. Development will occur in accordance with a Secondary Plan adopted as an amendment to this Plan. 13.57.2 The Secondary Plan shall address the policies of Part 4, Section 3 of this Plan and the following: 13.57.2.1 Residential design in compliance with the community design policies and density targets of the Greater Golden Horseshoe Growth Plan and all applicable Growth Management Studies. 13.57.2.2 To ensure compatibility is maintained policies for the appropriate separation and buffering of sensitive land uses from proximate existing and future heavy, medium and light industrial facilities are required in accordance with relevant Local, Regional and Provincial plans and policies. More specifically, the Provincial Policy Statement and Ministry of the Environment Guidelines require that industrial and sensitive residential uses be appropriately designed, buffered and/or separated from each other. In order to maintain a compatible arrangement of land uses, this Official Plan Amendment, the subsequent Secondary Plan and any implementing approvals will 2-136 conform with and prescribe in greater detail the following: a) A minimum distance separation of a 2 km radius from heavy industrial uses located south of Brown Road west of Garner Road to sensitive residential uses is to be maintained. This minimum distance separation is delineated in the form of an arc with a radius of 2 km with the end points of the arc measured from the northeast corner of the north leg of Garner Road and Brown Road easterly to a point 516 metres and northerly to a point 608 metres as shown and labeled on Map 1 to OPA No. 82. b) Lands located within this minimum separation distance are as set out in (a) above will be restricted to lower intensity uses within the Environmental Protection Area as per Policy 12.57.4 and to industrial uses within the Industrial designation. No residential uses, overnight accommodation uses, institutional uses or assembly type uses will be permitted. Buildings in this area will be restricted to three (3) storeys. c) In addition to providing an appropriate separation distance between industrial and residential uses, residential building heights will be restricted to 2'/2 storeys within this Special Policy Area, including all forms of housing set out in d) below. d) Any form of senior citizen housing or other type of higher density residential development will be restricted to locations east of Kalar Road and north of Warren Creek. e) Notices regarding the proximity of heavy industrial land uses to residential dwellings and the inherent possibility of noise, odour and air emissions will be included in future subdivision agreement(s), site plan agreement(s) and purchase and sale agreements. f) Any application to amend these Official Plan Policies or related implementing Zoning By- law(s) and any other Planning Act application(s) within Special Policy Area 57 shall be subject to 2-137 the public notification requirements of the Planning Act and shall include circulation of notice(s) to the registered owners of the heavy industrial lands south of Brown Road and west of Garner Road and north of Chippawa Creek Road within the municipal boundaries. 13.57.2.3 The availability of adequate municipal services including roads, water, sanitary sewer and stormwater management services including the location of a pumping station to service the southern portion of the subject lands. 13.57.3 The Secondary Plan may include design guidelines for public realm facilities including neighbourhood structure, lot size and variety, local street design guidelines, sidewalks and streetscaping, parks, trails and open spaces and natural heritage as well as the private realm including building variety and density, setbacks, building height, apartment buildings and parking areas. 13.57.4 No development or site alteration shall be permitted within the areas designated Environmental Protection Area. For clarification, development and site alteration does not include the creation of a passive trail system that will be in designed in conformity with a Trails and Open Space Plan that forming part of the Secondary Plan. Refinement to the extent of the Environmental Protection Area lands and appropriate setbacks will occur at the Secondary Plan, zoning by-law, plan of subdivision, plan of condominium and site plan control stages and shall be based on detailed Environmental Impact Studies. 13.57.5 The subject lands will be placed in an appropriate 'Holding' category in the implementing zoning by-law in order to control further development in advance of approval of the secondary plan, plans of subdivision/ condominium and site plan. 13.58 SPECIAL POLICY AREA "58" O.P.A. #84 Special Policy Area "58" applies to approximately 2,475 square metres of land Approved located on the south side of Thorold Stone Road between Confederation Avenue Aug. 18, 2008 and St. James Avenue. The land is designated Residential on Schedule "A" to the Official Plan. In addition to the policies contained in Part 2, Section 1.2, Residential, the property may be developed for a commercial building not exceeding a gross leasable floor area of 750 square metres. Commercial uses shall be limited to offices and clinics. Integration with surrounding residential properties shall be achieved by implementing a building design with a residential character and pitched roof form and by providing generous areas of landscaped open space. The implementing zoning by-law shall include provisions addressing the maximum floor 2-138 area of the uses, building height, minimum landscaped open space and fencing. Site plan control shall be used to implement a site design that mitigates impacts on surrounding properties and to implement high quality landscaping, fencing and buffering. 13.59 SPECIAL POLICY AREA "59" O.P.A. #85 Special Policy Area "59" applies to approximately 0.4 hectares of land with Approved approximately 80 metres of frontage on Main Street between Summer Street and Sept. 22, 2008 North Street. The land is designated Minor Commercial on Schedule "A" to the Official Plan. In addition to the policies contained in Part 2, 3.5.2, the property may be developed for a mixed use building with commercial uses on the ground floor and a retirement home above. The building may be developed to a maximum height of 10 storeys and density of 251 units per hectare. The implementing zoning by-law shall include provisions which specify the permitted uses, maximum building height and number of private living units as well as minimum building setbacks, landscaping and parking spaces. Site plan control shall be used to implement a site design that is compatible with surrounding commercial and residential uses. F-13.60 SPECIAL POLICY AREA "60" O.P.A. #86 Special Policy Area "60" applies to 0.50 hectares of land located on the west side OMB Approved of River Road, between Philip Street and John Street. The land is designated Mar. 1, 2009 Appeals Dismissed Residential on Schedule "A" of the Official Plan. In addition to the policies contained By -Law #2009-42 in Part 2, Section 1.7.5 and Part 4, Section 4.5, the portion of the land between River Road and River Lane may be developed with an apartment building to a maximum building height of 7 storeys and 27 metres, as measured from the intersection of River Road and John Street, and a maximum density of 238 units per hectare. The portion of the site west of River Lane shall only be used for parking and buffering. The density of the project is authorized pursuant to Section 37 of the Planning Act. The owner is required to enter into an agreement with the City, prior to the passage of the amending by-law, to secure a cash contribution which the owner has elected to provide in return for the density of the project. The cash contribution is calculated based on the cost of construction per square metre X the floor area of the additional 56 units X 1 %. The cash contribution is to be used for the construction of a recreational trail on the lands of the former Michigan Central Railway between the CBD and Newman Hill or for projects approved under the Downtown Community Improvement Plan. The implementing zoning by-law shall include provisions requiring the owner of the land to enter into a Section 37 agreement with the City and specify the details of the project. 2-139 F— 13.61 SPECIAL POLICY AREA "61" O.P.A. #87 Special Policy Area "61" applies to approximately 0.33 hectares of land located OMB Approved, as amended southwest of the Thorold Stone Road and Kalar Road intersection. The land is Feb.13, 2009 designated Good General Agriculture on Schedule "A" of the Official Plan. By-law #2009-23 Notwithstanding the policies contained in PART 2, Section 7.1, the land may only be developed with a 737 square metre neighbourhood commercial plaza including a seasonal patio and 70 square metre storage and office building and an associated parking area subject to the following policies: 13.61.1 To ensure the parking area does not impact on abutting land uses, provisions shall be included in the amending by-law to require the parking lot to be developed with generous buffering and landscaping along adjacent land uses. 13.61.2 Development will be subject to site plan control and a site plan agreement shall be registered on title. 13.62 SPECIAL POLICY AREA "62" O.P.A. #89 Special Policy Area "62" applies to approximately 61 ha of land located west of Regional Victoria Avenue, east of Stanley Avenue, north of the former NS&T Railway Approval Sep 30, 2009 corridor, and south of the CN rail corridor. The lands are designated Industrial, Residential, Open Space, and Tourist Commercial. The Special Policy Area designation will permit the development of land subject to the following policies: 13.62.1 The Industrial and other applicable policies of this Plan apply to the area designated Industrial with a Special Policy Area designation that permits the development of the land subject to the following policies: 13.62.1.1 These lands are intended to develop for a broad range of employment activities including light industrial (activity primarily occurring within buildings and minimal outdoor storage); warehousing; office; laboratory and research facilities; automotive uses; service commercial uses such as restaurants, printing shops, fitness and recreation, convenience stores; and, institutional uses such as community centres, arenas, and churches. The zoning by- law applicable to this area will list the permitted uses as well as the development regulations which will apply. 13.62.1.2 Development of the Cytec land will occur by way of a plan of subdivision, condominium, site plan control, and/or any other planning process to establish a new street system and development parcels. The approval of any planning application will require preparation of a functional servicing 2-140 study to determine the necessary sanitary sewer, water system and stormwater management strategy for this area. 13.62.1.3 Prior to the approval of any planning application, an Environmental Site Assessment and remediation, and/or a Noise Study shall be required where necessary. 13.62.1.4 Prior to approval of any planning application for the Cytec land, the City of Niagara Falls and the Region of Niagara shall establish the alignment for the extension of Thorold Stone Road onto and through the Cytec land subject to the remediation of the property to the satisfaction of the City of Niagara Falls and the Region of Niagara. 13.62.1.5 The development of the Cytec land should provide for a high quality of streetscape design and site planning and building design. The intersection of Thorold Stone Road and Stanley Avenue should be designed to serve as a gateway to this area and the City's arena/recreation complex. Street design should provide for pedestrian comfort and accommodate the needs of both cyclists and transit users. 13.62.1.6 The design and development of individual sites within the Special Policy Area should have regard to the following principles: a) Buildings should generally be placed close to the street edge with a majority of parking located in the side and rear yards, subject to individual site development conditions. b) A high quality of building design is encouraged with particular emphasis on buildings fronting onto the extension of Thorold Stone Road. c) Common driveways that access more than one site should be considered to minimize the driveways on public roadway. d) Loading, service and parking areas should generally be located in the rear or interior side yard to minimize views from public streets. Landscaping and screening from public views will be required to achieve this objective. e) Loading areas should be provided so that all required truck movements are on-site. I"+•aiE f) Outdoor amenity areas should be provided for employees. g) Office and entrance elements should be generally oriented to the street with convenient visitor parking provided. h) Landscaping should be used as a major visual element in unifying the streetscape, screening and softening long expanses of blank walls. i) Individual entrances of multiple tenant building should be identifiable without detracting from the overall appearance of the building. 13.62.2 The Residential and other applicable policies of this Plan apply to the area designated Residential with a Special Policy Area designation. Priorto the approval of any planning application, an Environmental Site Assessment and remediation, and/ora Noise Study shall be required where necessary. 13.62.3 The Open Space and other applicable policies of this Plan apply to the area designated Open Space with a Special Policy Area designation. Prior to the approval of any planning application, an Environmental Site Assessment and remediation, and/or a Noise Study shall be required where necessary. 13.62.4 The Tourist Commercial and other applicable policies of this Plan apply to the area designated Tourist Commercial with a Special Policy Area designation. Prior to the approval of any planning application, an Environmental Site Assessment and remediation, and/or Noise Study shall be required where necessary. F— 13.63 SPECIAL POLICY AREA "63" O.P.A. #95 Special Policy Area "63" applies to approximately 39 hectares of lands located on the Approved north side of McLeod Road between Montrose Road and Oakwood Drive and on the July 19, 2010 south side of McLeod Road from west of Pin Oak Drive to Oakwood Drive. The land is designated Major Commercial, in part, and Tourist Commercial, in part, on Schedule "A" to the Official Plan. Studies undertaken by the Region of Niagara identify required road improvements to the Queen Elizabeth Way interchange at McLeod Road which are necessary to accommodate future commercial growth in this area. In addition to the policies contained in Part 4, Sections 4.2.1.1 through to 4.2.1.6 of the Official Plan, Council may apply holding provisions to the lands to provide for contributions to fund these road improvements. The removal of the holding provision is conditional on the landowner providing proportionate contributions to the above noted road improvements to the satisfaction of the Director of Planning, Building and Development. The amending zoning by-law PAEK implementing the holding provision will remain in effect for a period of 10 years after passage of such by-law. 13.64 SPECIAL POLICY AREA "64" O.P.A. #108 Special Policy Area "64" applies to approximately 15 hectares of land located on the Approved south side of Miller Road between Willoughby Drive and the Niagara Parkway. The Nov 27, 2012 land is designated Good General Agriculture, in part, and Environmental Protection Area, in part. Notwithstanding the Good General Agriculture designation, the Special Policy Area designation will permit the development of estate residential lots by plan of subdivision, subject to the following policies: 13.64.1 Detached dwellings on large estate lots ranging in area from 1 hectare to 2 hectares shall be permitted within the Special Policy Area. Development shall be by plan of subdivision that provides an internal street system, is designed to be compatible and complementary with the surrounding rural character in terms of lot sizes and generous building setbacks and landscaping and is sensitively integrated with natural features. Individual lots shall be serviced with private water and waste disposal systems. 13.64.2 A portion of the site is designated Environmental Protection Area and contains a Provincially Significant Wetland. An Environmental Impact Study (EIS) is to be completed to the satisfaction of the City and Niagara Peninsula Conservation Authority. The boundaries of the Provincially Significant Wetland and its necessary buffers shall be determined through the EIS and shall be appropriately zoned in the implementing zoning by-law. Recommended mitigation measures will be implemented in the plan of subdivision and the subdivision agreement. 13.64.3 The lands designated Environmental Protection Area, together with any buffers determined through the EIS, shall be maintained in a natural state. Lots may extend into the lands designated Environmental Protection Area, however no buildings, structures or drainage works shall be permitted within this area. No tree cutting shall be permitted within this area except in accordance with an approved Tree Saving/Preservation Plan and the Regional Tree Conservation By-law to the satisfaction of the Niagara Region Conservation Authority. Conservation easements between the City and landowners shall be used to protect the portion of the lands designated Environmental Protection Area and associated buffers which are located on the site and fall under private ownership. 13.65 SPECIAL POLICY AREA "65" OPA No. 107 Pending Regional Approval 2-143 F-13.66 SPECIAL POLICY AREA "66" O.P.A. #111 Special Policy Area "66" applies to 4.22 hectares (10.45 acres) of land on the Approved northwest corner of Pettit Avenue and Cropp Street. These lands are permitted to Aug 13, 2013 redevelop with a mix of residential built form including single detached dwellings, semi detached dwellings and/or street townhouse dwellings and low to mid -rise apartment dwellings. 13.66.1 Notwithstanding the density provisions of Part 2, Section 1, policies 1.7.1 and 1.7.2, single detached, semi-detached, street townhouse dwellings or a combination thereof may be permitted to develop with a net density between 34 and 61 units per hectare. Net density in this instance recognizes the units will access existing public right of ways that have not been included as part of the density calculation. 13.66.2 Notwithstanding the density provisions of Section 1.7.4, multiple 4 to 6 storey apartment dwellings may establish on the site up to a maximum density of 128 units per hectare. Net density for this calculation includes lands subject of the CNR 30 metre building setback and excludes lands fronting Pettit Avenue and Cropp Street that are identified in 13.66.1. 13.66.3 The implementing By-law shall contain appropriate regulations respecting setback and separation of built form on the same lot. 13.66.4 In order to ensure that the lands can be developed for residential purposes, a Record of Site Condition must be filed with the Ministry of the Environment demonstrating compliance for the intended uses. 13.66.5 The owner, builder or developer shall provide a Record of Site Condition and Noise Attenuation Report to the City's satisfaction at the Site Plan Application stage to ensure compliance with the Ministry of Environment guidelines for residential use of the site. 13.66.6 Reduced parking standards may be considered for the apartment dwellings because the redevelopment is supported by transit facilities along Morrison Street and Dorchester Road and due to the proximity of the site to major commercial shopping facilities. Underground parking will be provided as part of the total requirement. 13.66.7 Consents may be permitted for: a) technical or legal purposes; or b) where the municipality is satisfied that the consent will not prejudice the ultimate subdivision of the land. I"+AEB! F-13.67 SPECIAL POLICY AREA "67" O.P.A. #iia Special Policy Area "67" applies to 1.159 hectares (2.9 acres) of land on the Approved northwest corner of Stanley Avenue and Portage Road. Notwithstanding the density .run 10, 2014 provisions of Part 2, Section 1, policy 1.15.5 (ii), this land may be developed with apartment dwellings up to a maximum height of 3 storeys and a maximum density of 62 units per hectare. F— 13.68 SPECIAL POLICY AREA "68" O.P.A. #96 Special Policy Area "68" the policies of Part 2, Section 12 shall not be interpreted or Approved applied in any manner that would interfere with the legal rights associated with the Oct za, 2012 OMB Decision existing buildings and improvements on and to the Cytec lands (as identified on Schedule A and Schedule A-1) as of the date these policies come into effect. Further, the policies of Part 2, Section 12 shall not be interpreted or applied in any manner as imposing the requirement forthe carrying out of an Environmental Impact Statement for any repair, maintenance, renovation and/or replacement in kind of those existing buildings and improvements. PART 3 ENVIRONMENTAL MANAGEMENT 3-1 PART 3 - ENVIRONMENTAL MANAGEMENT SECTION 1 - MUNICIPAL INFRASTRUCTURE PREAMBLE Schedule "A" of this Plan sets out land use designations for future development within the City. In order to achieve appropriate development in accordance with the Land Use designations certain servicing programs must be established. To this end, this Plan provides for the extension and oversizing of water and sewer services to accommodate urban growth in an efficient and financially -sound manner. In addition, sewer separation, rehabilitation and water conservation programs shall be carried out within older sections of the City. The control of storm water runoff as a result of development shall be effectively managed through acceptable engineering techniques, with particular attention paid to protecting the natural environment. Equally important is a transportation system which is integrated, safe and efficient, facilitating the movement of people and goods within and outside of the City. The needs of all users in the City have to be considered in transportation. Users include: pedestrians, bicyclists, transit users, those with disabilities (in accordance with the provisions of the Accessibility for Ontarians with Disabilities Act), automobiles, trucks, local residents, and visitors. Other utilities and services are to be coordinated in an appropriate manner to meet the needs of existing and future land uses in the City. POLICIES 1.1 PHASING OF GROWTH 1.1.1 Schedule B illustrates the Phasing Plan for the City. Lands shall be brought into the development stream in accordance with Schedule B and the policies of this section. Moreover, plans for expansion of existing services, or for new services are to serve growth in a manner that supports the achievement of the greenfield density target and the intensification target of this Plan. 1.1.2 Greenfield Area 1.1.2.1 The development of lands in the Greenfield Area shall proceed in an orderly and efficient manner. 1.1.2.2 New development should occur as a logical extension of preceding development. 1.1.2.3 Land that is considered to be in-phase is that for which servicing has been included in the Five -Year Capital Works Program. 1.1.2.4 The determination of which lands may be brought into the development stream shall be based on land use, servicing and financial assessments that address the following criteria: 3-2 • the supply of short term lands; • the extent of land that will benefit from servicing; • the use and the density at which the lands will be developed; • financing for the public works necessary for development to proceed; and • an assessment of the potential financial risk to the City. 1.1.2.5 Secondary plans shall provide details on the staging of development within the plan areas with respect to uses, residential densities, the extension of services and roads. 1.1.2.6 Proposals to bring out-of-phase lands into the development stream shall be assessed based on the following criteria: • compliance with the policies of this Plan; • the extent of the inventory of in-phase lands and their availability; • the benefit to the City such as revenue generation, employment growth and contributions to the strategic goals of Council; • the financial risk to the City's taxpayers; • the impacts on approved development; and • whether infrastructure is planned for the lands. 1.1.2.7 An out-of-phase development may be the subject of a front - ending agreement, pursuant to section 44 of the Development Charges Act, or similar type of development agreement which shall be a condition of any application to amend this Plan and/or the Zoning By-law, or any site plan or subdivision or condominium agreement. 1.1.3 Built-up Area 1.1.3.1 Capital works expenditures shall be directed to the Intensification Areas shown on Schedule A-2 in order to resolve any servicing constraints that exist which may hinder the achievement of intensification. 1.1.3.2 Capital works expenditures within greenfields are not to jeopardize servicing improvements within the Built-up Area that will allow for the achievement of intensification. 1.2 WATER AND SANITARY SEWAGE 1.2.1 The City shall implement a strategy for the systematic reduction or mitigation of combined sewer overflows in order to improve the effectiveness of the sanitary sewage system and to eliminate or reduce the negative impacts on the City's natural heritage system. The City will also continue its programs of sewer separation, extraneous flow reduction and 3-3 waste water reduction with priority being given to intensification areas, nodes and corridors so as to allow for the realization of the intensification targets in this Plan. 1.2.2 Municipal sanitary sewers and/orwatermains shall not be extended beyond the urban area, except where required to correct a health problem as identified by the Regional Public Health Department and/or the Ministry of the Environment. 1.2.3 Council shall every five years, in accordance with the Development Charges Act, 1997, undertake a background study, including public consultations, and pass by-laws to implement Development Charges within the City that will be imposed to recover the costs of public services related to growth. The background study will consider the phasing of Greenfield lands, the realization of intensification targets as well as future land use in the determination of a Development Charge that is appropriate. 1.2.4 Development within the urban area shall be accommodated on the basis of full municipal services including sewers, storm sewers, water services and improved roadways. Uses within the urban area shall connect to municipal water and sanitary services, if available. Outside of the urban area, Council shall cooperate with the Niagara Region in promoting individual sewage disposal systems which incorporate proven new technology achieving reduced volumes and/or improved quality of effluents. 1.3 STORM DRAINAGE 1.3.1 It is required that all new development or redevelopment within the City be connected to and serviced by a suitable storm drainage system. Appropriate systems may include underground pipes, ditches, culverts, swales, man-made and natural watercourses, detention storage areas or any other storm water management system acceptable to Council, the Niagara Region, the Niagara Peninsula Conservation Authority, and other agencies. 1.3.2 Council shall not permit any new development or redevelopment where it would interfere with, or reduce, the drainage capacity of any natural watercourse or agricultural field drainage system, result in any erosion, pollution or drainage problems along watercourses and their tributaries or where it would adversely affect the quality/quantity of ground water or a water recharge/discharge area. 1.3.3 Master storm water management plans shall be developed for watershed areas in advance major development or redevelopment in conjunction with the Niagara Peninsula Conservation Authority, Ministry of Natural Resources, Ministry of the Environment, Niagara Region and other agencies. Council may adopt such plans as part of a secondary plan or Environmental Assessment. Where applicable, developers may be required to undertake storm water management studies for specific sites. 3-4 1.3.4 Storm water management plans shall incorporate the use and creation of naturalized overland systems. Naturalized off -stream ponds and wetlands are encouraged to properly regulate and control water quantity and quality flows going into natural watercourses. In addition to controlling water quality and quantity, such systems shall be as natural as possible to create habitat areas and where applicable, will be used to provide linkages to other natural features. 1.3.5 In the review of development or redevelopment proposals, Council shall cooperate, where practicable, with the Niagara Peninsula Conservation Authority, Ministry of Natural Resources, Ministry of the Environment, and other agencies in any flood management study or engineering work that may be undertaken to improve or maintain the drainage capacity of natural watercourses. All existing storm drainage systems shall be maintained and improved in order to ensure their efficient operation and to minimize the potential for flooding. 1.3.6 The City will continue to implement sewer rehabilitation programs, including ongoing storm sewer and sanitary sewer separation, detention ponds, in-line storage and other improvement works. 1.3.7 Requisition and Petition Drains authorized under the Drainage Act are to be designed, constructed and maintained in accordance with the Province's Best Management Practices to avoid significant detrimental effects on farmland or water resources, natural areas or wildlife habitat. 1.4 WASTE DISPOSAL 1.4.1 It is recognized that the management of solid waste is the responsibility of the Niagara Region. Proposals for new, or expansions to existing, waste disposal sites will require amendments to the Official Plan and Zoning By- law. 1.4.2 In the selection and approval of sites for landfill use, the City will require that certain items be examined and reported on such as the social, economic and environmental effects of the creation of such landfill sites, assessment of alternatives to landfill uses and views of affected citizens. These items will be in keeping with the Environmental Assessment Act and requirements of the City. 1.5 TRANSPORTATION The City's transportation system is made up of the following elements: • Transportation corridors • Public transit • Active transportation facilities • Collector and local road network 3-5 One of the goals of this Plan is to reduce the dependancy passenger vehicles and increase the modal share of public transit and active transportation. It is also a goal of this Plan that the transportation system work seamlessly and efficiently to convey people and goods safely. This Plan may be amended as the result of recommendations from a Transportation Master Plan regarding matters such as, but not limited to, route prioritization for moving goods and people into and out of employments areas, transportation demand management, modal share targets, active transportation facilities and multi- modal use. Transportation Corridors 1.5.1 As shown on Schedule A-2, the City's transportation corridors consist of rail corridors, provincial highways and the arterial road system. These corridors are the primary conveyors of goods and people within, into and out of the City. 1.5.2 The corridors within the City's jurisdiction shall be of the width provided for in this Plan and should contain sidewalks and bicycle lanes of sufficient width to safely accommodate users. 1.5.3 The streetscape of corridors within the City's jurisdiction should be designed to increase the comfort level of pedestrians through the use of street trees, benches and bus shelters. 1.5.4 Access ramps from private developments should be minimized and amalgamated with adjoining properties where possible. Rail and Public Transit 1.5.5 The City will provide a public transit system to service the transit needs of residents and tourists. This system includes inner -City buses, inter -city bus rapid transit and a tourist peoplemover. This Plan envisages a modal share of public transit increase to 3.2%. 1.5.6 Public transit routes shall be designed to service employment areas, intensification areas, nodes and intensification corridors. It is desirable for public transit services to be encouraged in proximity to higher density residential developments, areas of high employment concentration, major medical and social service centres, housing developments for people with special needs and social amenity areas such as the Niagara Parks and other attractions. Transit stops should be located within hubs and major public facilities. The development of inner -City bus rapid transit lines into high density employment areas is encouraged. 1.5.7 Transit service planning shall be connected with the City and Regional Bicycling Network and co-ordinated with the planning of bicycle routes and 3-6 pedestrian paths to enhance the convenience, safety and usability of these modes of transportation. 1.5.8 Collector roads within Greenfield secondary plan areas shall be designed to accommodate transit. 1.5.9 This Plan envisages the expansion of commuter GO Transit rail service to the City in the long term. The City will participate with Regional and Provincial agencies in the establishment of this service. 1.5.10 Council recognizes the capability of rail lines to provide an alternative to road traffic for transporting tourists, residents and goods in and out of the City. To minimize the interference of rail service with vehicular and pedestrian traffic, Council shall seek to eliminate grade crossings on a priority basis and with the financial assistance of the appropriate authorities. Where the elimination of such grade crossings is not feasible, Council shall petition the appropriate authority to provide and maintain appropriate level crossing control devices. 1.5.11 Where residential or institutional development is proposed in close proximity to operational railway lines, Council shall require the preparation of a noise and vibration impact assessment. If necessary, the assessment shall include measures necessary to achieve acceptable attenuation levels in accordance with Ministry of the Environment, and Railway criteria. The measures may take the form of fencing, increased setbacks, earthberms, tree planting, acoustical insulation, site plans or combinations thereof in order to minimize potential safety hazards and visual, noise and vibration impacts to the satisfaction of the City and the Ministry of the Environment, and in consultation with the appropriate Railway. Active Transportation Facilities 1.5.12 In an effort to achieve an increase in the modal share of bicycle and pedestrian trips, the City will provide public facilities for active transportation in the form of bicycle or shared use lanes, paved shoulders of rural roads, off-road recreational trails, bicycle parking facilities and sidewalks to the extent that is financially feasible. 1.5.13 The City will endeavour to achieve connectivity of off-road trails with the goal of creating an inner -City trail system that links residential, employment and recreational areas. 1.5.14 Sidewalks on certain roadways will be provided where required for the safety and convenience of pedestrians. In this regard, Council may undertake and continually update a detailed sidewalk construction and maintenance programs. 1.5.15 The City may require the dedication of trails, in accordance with the provisions of the Planning Act, as a condition of development approval. 3-7 1.5.16 New development will be encouraged to provide bicycle parking and other facilities to accommodate active transportation. In this regard, the City will provide bicycle facilities within its own buildings. COLLECTOR AND LOCAL ROAD NETWORK 1.5.17 The collector and local road network functions primarily to convey traffic and pedestrians to transportation corridors. 1.5.18 A hierarchy of roads is contained within the transportation system. 1.5.18.1 Provincial Highways are designed to permit the free flow of large volumes of traffic through the City and to interconnect with the arterial road system. Such highways typically include four to six lanes with accesses permitted only at selected separated interchanges. Rights-of-way width, alignment of Provincial highways and related concerns are under the jurisdiction of the Ministry of Transportation. Provincial Highways in Niagara Falls include: The Queen Elizabeth Way (Q.E.W.) which travels from the north to south City limits; Highway 420 from Regional Road 420 (Roberts Street) to the Q.E.W.; and Highway 405 south of Niagara Townline Road. 1.5.18.2 Niagara Parkway - is considered to be a scenic road that is classified as a controlled access highway. This road network functions primarily as an arterial roadway for the benefit of tourist traffic along the Niagara River. Design, road allowance widths, use, alignment and access are regulated by the Niagara Parks Commission. 1.5.18.3 International Crossings - these two international boundary crossings at the Rainbow Bridge and Whirlpool Bridge represent critical links in the transportation networks of Ontario and New York State. Development activity in the vicinity of these crossings should consider the impacts on the transportation systems, particularly as it pertains to traffic queues at the inspection plazas. 1.5.18.4 Arterial Roads - include all roadways under the Region's and City's jurisdiction that are designed to accommodate large volumes of traffic between major land use areas in the City. Regional Arterial Roads are designed to accommodate the movement of large volumes of traffic and function as secondary highways and primary arterial roads. Design, road allowance width, use, alignment and access are ON regulated by the Regional Municipality of Niagara. Road widths vary from 20 metres to 42 metres. City Arterial Roads accommodate two to four lanes of traffic and have a general road allowance width of 26 metres. Direct access to adjoining properties and on - street parking will be restricted as much as possible to enhance the free flow of traffic. The road allowance may accommodate transit routes with bus lay -bays and shelters and/or bicycle facilities such as bike lanes, shared use lanes and paved shoulders. The use of shared driveways to larger development projects will be encouraged in the urban areas. Regional and certain City roadways that function as arterial roads, primarily in the tourist core area, are subject to the policies described in the "tourist commercial roads" classification. 1.5.18.5 Collector Roads - include all roadways under the City's jurisdiction that are designed to accommodate moderate to high volumes of medium distance traffic between the Arterial Road and Local Roads. The roadways in this classification are generally two lanes, undivided with a road allowance width of 20 metres to 23 metres which will allow the addition of turning lanes, bicycle paths, bus lay -bays and shelters, landscaping, sidewalks and utility corridors. Traffic and parking controls should be considered. Access to abutting properties should be regulated to ensure that the normal flow of traffic and pedestrian safety is not adversely impacted. 1.5.18.6 Local Roads - are intended to provide access to abutting properties and carry traffic predominantly of a local nature. Typically, roadways in this section carry low volumes of traffic short distances. Local roads generally are designed to accommodate on -street parking, sidewalks and limited landscaping in the boulevards. All local road allowances are to be 20 metres in width, however, there may be cases when they may be less than 20 metres under special circumstances approved by Council. 1.5.19 The road classification system will be used as the basis for decisions regarding design standards for road construction, transit and truck routes, road widenings and access. As traffic conditions change in response to development, Council may reclassify roads where considered necessary by way of an amendment to this Plan. 1.5.20 Road right-of-ways can provide for a variety of functions. Regional and City arterial roads and collector roads within the Tourism Districts, as shown on Schedule E of this Plan, perform two equally important functions: an 3-9 efficient, functional vehicular network; and an attractive, pedestrian -friendly public space. Therefore, it is important that these roadways be of sufficient width to accommodate adequate traffic and turning lanes as well as desired streetscape improvements as detailed in the Tourist Area Streetscape Master Plan. In its implementing by-law, the City shall, for roadways under the jurisdiction of the City, establish an appropriate building setback width from the centre line of the original road allowance for those roads identified in the Streetscape Master Plan. 1.5.21 The City will determine and implement the long-term road network needs having regard to the Transportation Master Plan and the Regional Bicycling Network. It is intended that the utilization of existing transportation infrastructure will be maximized before new transportation infrastructure is constructed and that opportunities will be available for all residents to use a variety of transportation modes. Appropriate transportation linkages will be developed in order to provide efficient movement of people and goods both within and outside the City. 1.5.22 It is recognized that Provincial Highways and most Arterial Roads are to be installed and maintained by other road authorities, including the Niagara Region, the Niagara Parks Commission, the Ontario Ministry of Transportation and the Niagara Falls Bridge Commission. Examples of new proposed Highways and Roads, as shown on Schedule "C", include: Highway 420 - westerly extension from the Queen Elizabeth Way; the "Niagara Freeway" - parallelling Stanley Avenue to the east, between Lundy's Lane and south of McLeod Road; and the crossing of the Hydro Canal, north of the Welland River. 1.5.23 The dedication of land for roads and rights-of-way improvements will conform to prescribed Provincial and Regional standards. Where lands are required for road construction or widening, such lands shall be conveyed to the appropriate public body as a condition of site plan control, consent to sever or plan of subdivision and when such road construction or widening is contemplated on a City -owned road within a five year time space. Road widenings, as identified in Policy 1.4.19, may be required to expand the width of the travelled portion of the roadway, or for servicing locations, including ditches and drains. 1.5.24 The dedication of lands for such pedestrian or bicycle pathways and public transit rights-of-way as the City considers necessary for efficient vehicular and/or pedestrian movement will be made a condition of plan of subdivision. These pathways and rights-of-way shall be designed in accordance with and interconnected with those pathways and rights-of-way identified through the City's Trail and Bikeways Master Plan, the Region's Bikeways Master Plan and any future plans such as the City's Transit Master Plan and Growth Strategy Study. 1.5.25 The dedication of property for daylighting triangles on existing roads will be required at such times as the property is to be developed or redeveloped 3-10 through Site Plan Control, or where a consent or subdivision is required. Daylighting requirements shall generally be based on the functional road classification of intersecting roadways as follows: Road Classification of Daylighting Requirements Intersecting Streets Within the Urban Area Boundary: Local to Local or Collector 5 m x 5 m triangle Local to Arterial; and Collector to Collector 7 m x 7 m triangle Collector or Arterial 12 m x 12 m triangle Outside of the Urban Area Boundary15 m x 15 m triangle 1.5.26 All new development abutting Arterial Roads shall provide adequate off-site loading and unloading facilities located in such a manner to minimize the detrimental impact by vehicles using such facilities. 1.5.27 With respect to Collector Roads, direct frontage development may be permitted but all points of access to such roads are to be in accordance with requirements of the City. Access may be permitted to Local Roads, subject to the approval of the City. 1.5.28 Council shall cooperate with the Niagara Region to designate, maintain, monitor and improve truck routes to accommodate the safe and efficient movement of truck traffic while prohibiting the penetration of non-essential trucking into residential areas. In addition, Council shall require appropriate building setbacks, screening and buffering along designated truck routes to alleviate excessive noise impacts on adjacent land uses where the noise level from traffic is above the relevant level established by the Ministry of the Environment. 1.5.29 In considering plans for development or redevelopment, regard shall be had to the impact of such development on the established road system. The developer, where required by Council, shall furnish facilities to provide access to and from the site including signalization, signing, entrance construction, left-hand turn lanes or any measure which stems from the development or redevelopment and which is necessary in order to maintain an adequate level of service and safety on the established highway system. A transportation study to assess the current and future impact of the development may be required. 1.5.30 The long-term impacts on population growth, tourist visitation, land use, public finances and the environment will be taken into consideration in any decisions regarding major transportation improvements. 3-11 1.5.31 Council shall require the preparation of a noise study in accordance with Ministry of the Environment guidelines, where new residential or institutional development is proposed in proximity to major roads. 1.5.32 Council shall minimize the nuisance of dust from municipal roads and shall encourage the Region to do the same for roads under its jurisdiction by means such as, but not limited to regular cleaning of roads and sidewalks, reduce speed limits on unpaved roads and application of dust control agents on unpaved roads. 1.5.33 Where land for road widening is required as a condition of site plan control or lot creation, such land shall be acquired equally from both sides of the road as measured from the centreline wherever feasible. Where topography, existing or proposed development, utilities or other constraints, necessitate a larger widening on one side, no more than 50 percent of the required widening shall be acquired through the planning application. Additional land may be acquired by other means. 1.5.34 The proposed widths of roads are as follows: Road From To Road Classification and Proposed Road Allowance Widths (m) Arterial Collector Regional* City Ailanthus Avenue McLeod Road Dunn Street 23 Alex Avenue McLeod Road Crimson Drive 20 Allendale Ave Ferry St Dixon St 23 Alpine Drive Montrose Road Brookdale Drive 20 Badger Road Charnwood Avenue Montrose Road 20 Baker Road Lapp Road East City Limit 23 Barker Street Dorchester Road Main Street 20 Beaverdams Road Thorold Townline Rd Kalar Road 26 Beaverdams Road Kalar Road Lundy's Lane 23 Beck Road Lyons Creek Road Gonder Road 23 Beechwood Road Taylor Road Brown Road 26 Bender Street Victoria Avenue Falls Avenue 23 Biggar Road West City Limit Montrose Road 26 Bossert Road Beck Road King Road 26 Bossert Road King Road Ort Road 23 Bossert Road Ort Road Niagara Parkway 26 Bridge Street Stanley Avenue Victoria Avenue 20.1 Bridge Street Victoria Avenue River Road 23.2 Brookdale Drive Thorold Stone Road Alpine Drive 20 Brown Rd West City Limit Montrose Rd 26 Buchanan Avenue Ferry Street Highway 420 26 Buttrey Street Victoria Avenue River Road 20 Caledonia Street Dorchester Road Dunn Street 20 Canadian Drive Montrose Road Pin Oak Drive 23 Cardinal Drive Montrose Road Thorold Stone Rd 23 Carl Road McCredie Road West City Limit 20 Caronpost Road Willoughby Drive East City Limit 20 Casey Street Dorchester Road Harriman Street 20 3-12 Road From To Road Classification and Proposed Road Allowance Widths (m) Arterial Collector Regional* City Catalina Street Kalar Road Pitton Road 20 Cattell Drive Willoughby Drive East City Limit 20 Charnwood Avenue Montrose Road Montrose Road 20 Chippawa Creek Rd West City Limit Montrose Road 26.2 Chippawa Parkway Dorchester Rd Stanley Ave 26 Chippawa Parkway Stanley Avenue Portage Road 23 Church's Lane St. Paul Avenue Whirlpool Road 23 Clark Avenue Ferry Street Robinson Street 26 Clifton Hill Victoria Avenue River Road 23 Corwin Crescent Drummond Road Stokes Street 20 Crimson Drive Drummond Road Alex Avenue 20 Crowland Avenue Grassy Brook Road Netherby Road 23 Cummington Square Front Street Main Street 26 Dell Road Lyons Creek Road Reixinger Road 23 Delta Drive Montrose Road Montrose Road 20 Detenbeck Road Ort Road Niagara Parkway 23 Dixon Street Drummond Road Allendale Avenue 23 Dixon Street Allendale Avenue Fallsview Blvd 26 Don Murie Street Stanley Avenue West Limit 26 Dorchester Road Chippawa Parkway Oldfield Road 26 Dorchester Road Oldfield Road McLeod Road 23 Dorchester Road Mountain Road McLeod Road 26 Drummond Road Thorold Stone Rd McLeod Road 26 Dunn Street Dorchester Road Drummond Road 20 Dunn Street Drummond Road Stanley Ave 26 Dunn Street Stanley Avenue Fallsview Blvd 26 Earl Thomas Avenue Progress Street Don Murie Street 26 Ellen Avenue Ferry Street Walnut Street 20 Falls Avenue Rainbow Bridge Clifton Hill 20 Fallsview Boulevard Ferry Street Portage Road 26 Fallsview Boulevard Portage Road Livingstone Street 26 Ferguson Street Victoria Avenue River Road 20 Ferry Street Stanley Ave Victoria Ave 26 Ferry Street Main Street Stanley Avenue 23.2 Forsythe Street Stanley Avenue Lewis Avenue 20 Frederica Street Dorchester Road Drummond Road 20 Gallinger Street Drummond Road Portage Road 43 Garner Road Mountain Road Chippawa Creek Rd 26 Glengate Street Drummond Road Pettit Avenue 20 Gonder Road Montrose Road Beck Road 23 Grassy Brook Road Montrose Road West Limit 23 Harriman Street Harte Circle Dorchester Avenue 20 Harvard Avenue Wiltshire Boulevard Oxford Street 20 Heartland Forest Blvd Brown Road Chippawa Creek Road 26 Hiram Street River Road Ontario Avenue 23 Huron Street Victoria Avenue Ontario Avenue 20 Jubilee Drive McLeod Road Dorchester Road 20 Kalar Road Mountain Road Montrose Road 26.2 Kalar Road Montrose Road Thorold Stone Rd 26 Kalar Road Thorold Stone Rd. McLeod Road 30 Kalar Road McLeod Road Brown Road 26 King Road Bossert Road Baker Road 26 Kister Road Ramsey Road Chippawa Parkway 26 Kitchener Street Victoria Avenue Portage Road 20 Koabel Road Montrose Road Willodell Road 26 3-13 Road From To Road Classification and Proposed Road Allowance Widths (m) Arterial Collector Regional* City Lapp Road Baker Road South City Limit 26 Lemon Road Montrose Road Willodell Road 23 Lewis Avenue Forsythe Street Kitchener Street 20 Lincoln Street Crowland Avenue West Limit 23 Livingstone Street Stanley Avenue Fallsview Blvd 26 Logan Road Beck Road Ort Road 23 Lundy's Ln (Hwy 20) West City Limit Garner Road 35 Lundy's Ln (Hwy 20) Garner Road Main Street 26.2 Lyon's Creek Road Montrose Road Sodom Road 26.2 Main St (Chi awa) Willoughby Drive Niagara Parkway 23 Main St (Chi awa) Sodom Road Willoughby Drive 26 Main Street Fallsview Boulevard Summer Street 23 Marineland Parkway Stanley Avenue Portage Road 26 Marineland Parkway McLeod Road Stanley Avenue 30.5 Marshall Road Willodell Road Niagara Parkway 23 Matthews Drive Mount Carmel Blvd Montrose Road 23 Mayfair Drive Sinnicks Avenue Swayze Drive 20 McCourt Road Willodell Road Beck Road 23 McCredie Road Carl Road Willodell Road 23 McGarry Drive Kalar Road West Limit 23 McKenny Road Grassy Brook Road Young Road 23 McKenny Road Schisler Road Netherby Road 23 McLeod Road Oakwood Drive Marineland Pkwy 30.5 McLeod Road Thorold Townline Rd Montrose Road 30 McRae Street Stanley Avenue Victoria Avenue 20 Mewburn Road Mountain Road Scholfield Street 20 Mewburn Road Mountain Road North City Limit 26 Miller Road Sodom Road Niagara Parkway 23 Misener Road Carl Road Schisler Road 23 Misener Road Yokom Road Netherby Road 23 Montrose Road Mountain Road McLeod Road 26.2 Montrose Road McLeod Road Welland River 30.5 Montrose Road Welland River South City Limit 26.2 Morningstar Road King Road Sodom Road 23 Morris Road Lincoln Street Netherby Road 26 Morris Road Grassy Brook Road Schisler Road 26 Morrison Street Montrose Road Dorchester Road 30 Morrison Street Dorchester Road Stanley Avenue 26 Morrison Street Stanley Avenue Victoria Avenue 20 Mount Carmel Blvd Kalar Road Montrose Road 23 Mountain Road Taylor Rd (Beechwood Rd) Portage Rd 26.2 Murray Street Drummond Road Allendale Avenue 23 Murray Street Allendale Avenue River Road 26 Netherby Road West City Limit Montrose Rd 30.5 Niagara Townline Rd St. Paul Ave Stanley Ave 26.2 North Street Drummond Road Stanley Avenue 23 North Street Stanley Avenue Buchanan Avenue 26 O'Neil Street Dorchester Road Portage Road 20 Oakwood Drive McLeod Road Montrose Road 23 Old McLeod Road Ailanthus Avenue East Limit 23 Olden Avenue Mountain Road Casey Street 20 Oldfield Rd Dorchester Rd Drummond Rd 26 Ontario Avenue Park Street Palmer Avenue 20 Ontario Avenue Hiram Street Bender Street 20 Ort Road Bossert Road Baker Road 23 3-14 Road From To Road Classification and Proposed Road Allowance Widths (m) Arterial Collector Regional* City Oxford Street Harvard Avenue Dorchester Road 20 Paddock Trail Drive Kalar Road Brookdale Drive 20 Palmer Avenue Ontario Avenue Bender Street 20 Park Street Victoria Avenue River Road 20 Pettit Avenue Dorchester Road Glengate Street 20 Pin Oak Drive McLeod Road South Limit 26 Pitton Road Catalina Street Westwood Street 20 Portage Road Stanley Avenue Mountain Road 26.2 Portage Road Mountain Road O'Neil Street 23 Portage Road Thorold Stone Rd O'Neil Street 26 Portage Road Thorold Stone Rd Gallinger Street 20 Portage Road Summer Street Gallinger Street 23 Portage Road Fallsview Blvd Marineland Pkwy 26 Portage Road Marineland Parkway Front Street 26 Preakness Street Paddock Trail Drive Montrose Road 23 Preston Avenue Paddock Trail Drive Brookdale Drive 20 Progress Street Stanley Avenue West Limit 26 Queen Street Victoria Avenue River Road 23 Ramsey Road Stanley Avenue Kister Road 26 Reixinger Road West Limit Lyons Creek Road 23 Reixin er Road Stanley Avenue (West) Ort Road 23 Riall Street Dorchester Road St. Paul Avenue 20 Ridge Road Montrose Road West Limit 23 Roberts Road Stanley Avenue Falls Road 41.2 Robinson Street Allendale Avenue Queen Victoria Pk 26 Sarah Street Main Street East Limit 20 Sauer Road Willodell Road Sodom Road 26 Schaubel Road Schneider Road South Limit 23 Schihl Road Netherby Road South City Limit 26.2 Schisler Road West City Limit Misener Road 30.5 Schisler Road Misener Road Montrose Road 26.2 Schisler Road Montrose Road Beck Road 26 Schneider Road Montrose Road Schaubel Road 23 Sherk Road King Road Ort Road 23 Sherk Road Sodom Road Niagara Parkway 23 Sinnicks Avenue Thorold Stone Road Mayfair Drive 20 Sodom Road South City Limit Lyon's Creek Rd 26.2 Somerville Road Sodom Road Niagara Parkway 23 St. Paul Avenue O'Neil Street Mountain Road 26 St. Paul Avenue Mountain Road North City Limit 26.2 Stanley Avenue Nia . Townline Rd Highway 420 26.2 Stanley Avenue Highway 420 Lyon's Creek Road 30.5 Stanley Avenue Lyon's Creek Road Marshall Road 26 Swayze Drive Portage Road Stanley Avenue 23 Taylor Road Thorold Townline Rd North City Limit 26.2 Thorold Stone Road West City Limit Garner Road 42 Thorold Stone Road Garner Road Stanley Avenue 26.2 Thorold Townline Rd Brown Road North City Limit 26.2 Valley Way Drummond Road Queen Street 23 Victoria Avenue Ferry Street Highway 420 1 26 Victoria Avenue Highway 420 Brid e Street 3-15 Road Classification and Proposed Road Allowance Widths (m) Arterial I Collector Road From To Regional* City Victoria Avenue Bridge Street Niagara Parkway 26 Watson Street Montrose Road Beaverdams Road 20 Weaver Road Ort Road Niagara Parkway 26 Weinbrenner Road Sodom Road Willoughby Drive 23 Westwood Avenue Charnwood Avenue Kalar Road 20 Whirlpool Road Stanley Avenue Niagara Parkway 23 Willick Road Ort Road Willoughby Drive 23 Willodell Road Lyons Creek Road Schneider Road 23 Willoughby Drive Cummington Square Weaver Road 26 Willoughby Drive Weaver Road Somerville Road 23 Woodbine Street Kalar Road Montrose Road 23 Woodgate Street Dorchester Road Olden Avenue 20 Yokom Road Montrose Road West Limit 23 Youne Road Montrose Road West Limit 23 These road allowance widths shall not come into effect until the approval of Regional Policy Plan Amendment 2-2005. Where there is a conflict between the right-of-way widths listed herein and the Regional Niagara Policy Plan the Regional Policy Plan shall apply. DEFERRED UNDER SECTION 17(34) OF THE PLANNING ACT (OPA #64, APPROVED NOVEMBER 9, 2006) 1.5.35 The transfer of road jurisdictions to and from the Niagara Region shall proceed through amendment to this plan, however, where there has been a transfer of road authority, the road allowance listed in the Plan of the previous road authority shall continue to apply until an amendment has received approval. 1.5.36 All local road allowances are to be 20 metres in width. There may be cases when local roads will be less than 20 metres under special circumstances approved by Council. UTILITY SERVICES 1.5.37 Council shall encourage and, where necessary, participate with the various public or private utility agencies to ensure the utility services such as hydro electric power, pipelines and natural gas lines are readily available to all development at levels necessary to ensure the safety and convenience of the City. Council shall also ensure minimal disturbance to natural resources by the proposed utility services. 1.5.38 Utility services shall be developed to carefully integrate, as much as possible, with the general character of the surrounding uses through the provision of landscaping, screening and buffering, siting of structures, height control and any other measures as may be deemed to be appropriate by Council. 3-16 1.5.39 Council shall encourage and cooperate with the various public and private agencies in the planning of community mail boxes, future transmission routes, easements and facilities for utility services. Such services will be provided in a manner which can be integrated with the established or anticipated pattern of development, as much as practical. 1.5.40 All existing electrical facilities and all new Ontario and Niagara Falls Hydro facilities used directly for the generation and distribution of electric power which satisfy the requirements of The Environmental Assessment Act, and other relevant statutes, shall be permitted in any land use designation without an amendment to this Plan. Ontario Hydro will be encouraged to consult with the City and take into account the established planning policies of the municipality. 1.5.41 Water supply and sewage treatment facilities and essential public uses of a linear nature such as utility, communication and transportation facilities shall only be permitted within Good General Agriculture and Environmental Protection Areas if no other reasonable location is available. The impact of these facilities on agriculture and the environment should be minimized. Local power transmission facilities shall be considered a public utility. 1.5.42 Council shall encourage, upon development or redevelopment proposals, that the appropriate public or private agencies to place such services as electric power, telephone and television cable lines underground, where feasible. 3-17 PART 3 - ENVIRONMENTAL MANAGEMENT SECTION 2 PARKLAND STRATEGY PREAMBLE The policies of this section shall be used to guide the acquisition and development of municipal parklands in the City of Niagara Falls. Parklands, trails and public open space form an critical part of the urban environment. Such spaces not only serve a recreational function but serve neighbourhoods and the community as a whole in terms of social interaction and active transportation. It is the intent of this Plan to provide public open space within both the Greenfield Area and Built-up Area to the extent that is appropriate for that neighbourhood or community. POLICIES 2.1 In order to accommodate the parkland needs of City residents, a hierarchy of park facilities shall be established. This hierarchy shall be comprised of Neighbourhood, Community and City-wide Parks and shall be developed in accordance with the following standards. 2.1.1 Neighbourhood Parks shall be established to serve the needs of local residents. As far as possible, such parks should be centrally located and readily accessible to the majority of park users and should be designed with extensive street frontage for visibility and safety. Facilities may include active play areas, landscaped passive areas, playgrounds and play fields. Neighbourhood parks shall be provided on the basis of 1.4 hectares per 1000 population and shall be coordinated with elementary school sites wherever possible. 2.1.2 Community Parks shall be established to service residents within larger planning districts or "communities". To accommodate the needs of this broader population base, community parks shall be relatively large in size and contain a wide variety of recreational facilities. While emphasis will be placed on facilities for active recreation and organized sports, with smaller areas set aside for landscaping, beautification and passive recreation, significant tree stands, woodlots and ravine lands will be conserved and protected as much as possible. Community parks shall be provided on the basis of 1 hectare per 1000 population and shall be accessible to the entire community by means of public transit and private automobile. 2.1.3 City-wide Parks shall be established for the benefit and enjoyment of all Niagara Falls residents. In this regard, opportunities for active and passive recreation, social and cultural activities, exploration of the natural environment, sports and entertainment will be provided to accommodate a diversity of interests and needs. City-wide parks shall be widely distributed throughout the municipality and shall be designed to take advantage of 3-18 prominent land forms and natural features wherever possible. Other sites with limited topographical variations and natural environmental features may be more suitably developed for major sports activities or special events. City-wide parks may vary in size, depending on the nature and extent of facilities to be provided. The amount of land required to adequately serve City residents shall be determined on the basis of 2.5 hectares per 1000 population. 2.2 The hierarchy of parks shall be used as the basis for determining the adequacy of municipal parklands. Council recognizes that in certain situations, particularly in developed areas, it may not be possible to attain a full complement of parks in accordance with prescribed standards. Nevertheless, Council will endeavour to progressively eliminate parkland deficiencies through programmes of land acquisition and park development. 2.3 In areas of new development or redevelopment, Council will avail itself of the provisions of the Planning Act to ensure that sufficient lands are dedicated to the municipality for park purposes. 2.3.1 Generally, the parkland dedication provisions of the Planning Act will be used to establish Neighbourhood parks. The amount of land to be conveyed for such purposes shall be calculated on the basis of one hectare for every 300 dwelling units or at such lesser rate as Council deems appropriate. 2.3.2 Notwithstanding Policy 2.3.1, in no case shall the ratio of parkland dedication be less than 5% or exceed 20% of the lands included in a proposed development or redevelopment plan. 2.3.3 With respect to industrial and commercial development, Council may require a 2% dedication of land or cash -in -lieu thereof for parks and recreation purposes. 2.4 In accepting parkland conveyances pursuant to the provisions of the Planning Act the City will ensure that the land is suitable for park development, in accordance with prescribed municipal standards and the following criteria. 2.4.1 Open space shall be designed to respect and integrate with protected natural heritage features. The minimum prescribed buffers shall be provided and maintained as a naturalized area. Playgrounds, sports fields and other forms of active recreational uses shall be setback from buffers and the intervening area planted with vegetation that hinders human traffic. 2.4.2 Active parkland should be designed to accommodate various forms of recreational activities. 3-19 2.4.3 Within secondary plan areas, a system of trails and open space should be provided that is integrated with the built environment, with connections to schools and other forms of community infrastructure in order to create a more liveable community. 2.4.4 Park sites should be free and clear of building materials and debris and left in a condition which is satisfactory to the municipality. 2.4.5 Special attention shall be paid to develop parks in such a way to make all services accessible. 2.5 As an alternative to requiring land conveyances, cash -in -lieu of parkland dedication may be requested under the following circumstances. 2.5.1 Where the density of development is very low (e.g. estate housing) precluding the need for neighbourhood parkland. 2.5.2 Where the conveyance would render the remaining portion of the development site unsuitable or impractical for development or redevelopment. 2.5.3 Where the conveyance would provide insufficient land suitable for park purposes. 2.5.4 Where existing municipal parkland is available in sufficient quantities to accommodate further development and redevelopment in an area. 2.5.5 Where more suitable parcels of land are available for municipal park purposes. 2.6 Where cash -in -lieu of parkland dedication is received by the municipality, priority will be placed on using the funds to meet Neighbourhood park requirements in the vicinity of the proposed development. If the neighbourhood has sufficient parkland, the funds collected may be used for other public recreational purposes. 2.7 In addition to the hierarchy of park facilities provided by the municipality, it is important to recognize that local boards, commissions, public institutions and private organizations contribute significantly to the overall supply of recreational open space available throughout the City. Such facilities clearly complement the City's parks planning programme, hence, every effort shall be made to work cooperatively toward the integration of lands and facilities, including the planning and design thereof. 2.8 The principles enumerated in this Plan regarding the acquisition and development of municipal parklands and the coordination of planning activities with other groups and agencies shall be refined and amplified in the preparation of a Parks and Recreation Master Plan. 3-20 2.8.1 Such Master Plan will include, among other matters, an inventory and analysis of parks and recreation needs, priorities for land acquisition and park development, as well as budgeting programmes and monitoring systems for plan implementation. 2.8.2 In addition, Council will undertake periodic reviews and updates of the Master Plan in order to ensure that the needs of the community are effectively being met. 3-21 PART 3 - ENVIRONMENTAL MANAGEMENT SECTION 3 - ENERGY CONSERVATION PREAMBLE In recent years, there has been an increasing awareness of the need to protect and conserve our energy, heritage and natural resources. Through the implementation of the policies of this Plan, the City will play a major role in the protection and conservation of resources. The policies of this Section are designed to promote opportunities for energy efficiency, with particular emphasis on development designs which minimize energy consumption. The protection and conservation of the City's heritage resources is also a high priority. The City contains many buildings, structures and landscapes that are of cultural heritage value or interest. These areas can provide an educational benefit to people today and for future generations. The policies of this section support this objective. POLICIES 3.1 ENERGY RESOURCES 3.1.1 The City shall encourage an energy efficient community where land uses are distributed to reduce travel needs, vehicle trips and subsequent energy use. A complementary arrangement and mix of uses which minimizes land use conflicts but also allows for integration shall be encouraged. This approach is advocated by the Future Land Use Schedule "A" and may be further refined through secondary plans. In order to achieve energy efficiency, the following shall be considered. 3.1.1.1 A compact and contiguous pattern of urban growth shall be promoted, including the intensified use of land and higher densities of residential development, where appropriate. 3.1.1.2 Orderly, economic and energy conserving development shall be fostered through the logical extension of public services with urban expansion being phased to optimize the use of existing infrastructure. 3.1.2 Access to direct sunlight shall be protected in order to provide opportunities for passive solar heating thereby reducing consumption of energy resources. This may be achieved through consideration of the following. 3.1.2.1 Zoning provisions regulating such matters as building height, setbacks and accessory structure locations. 3-22 3.1.2.2 Building orientation and design that maximizes exposure to sunlight. 3.1.2.3 High-rise developments located to minimize the physical extent and duration of shadows on surrounding land uses, particularly with respect to lower density residential areas, pedestrian corridors, open space and amenity areas. Special drawings or studies may be required in the assessment of development applications in such cases. 3.1.3 The City shall encourage the introduction of energy efficiency and conservation techniques in the built environment. However, it is recognized that the types of energy saving steps that may be used differs between new and existing development. 3.1.3.1 Energy conservation considerations shall be incorporated in new urban growth plans and individual development projects. This shall be accomplished through the preparation of Secondary Plans, the design of plans of subdivision regarding street and lot layout and the review and approval of site plans. 3.1.3.2 Energy conservation shall be encouraged in the retrofitting and upgrading of energy inefficient older buildings and by utilizing materials with improved thermal qualities. 3.1.4 Energy conserving landscaping practices, including the use of existing natural vegetation and topography shall be promoted in site design. Appropriately selected and located vegetation shall be used to control exposure to the sun and/or wind, thereby reducing energy consumption for the mechanical heating and cooling of buildings. 3.1.5 The City shall cooperate with other levels of government, appropriate agencies and private industry to promote energy conservation and education. This may be achieved by encouraging the practical application of innovative ideas and measures relating to energy efficiency and conservation. In an effort to conserve the supply of natural resources and energy, the City shall support public and private efforts such as the development of efficient and comprehensive waste reduction, reuse and recycling programs. Furthermore, the City will promote the reduction of energy consumption and dependency on non-renewable energy sources in all City owned and operated facilities. 3-23 PART 3 - ENVIRONMENTAL MANAGEMENT SECTION 4 - CULTURAL HERITAGE CONSERVATION 4.1 The City of Niagara Falls has a rich historical background and in order to promote the conservation of heritage resources, the City shall appoint citizen representatives to a Municipal Heritage Committee (MHC) under the terms of the Ontario Heritage Act. This Committee shall research and advise City Council on heritage matters relating to the identification, protection and/or management of properties of cultural heritage value or interest. The MHC may also advise and assist Council on other heritage related matters as required. 4.2 The City shall maintain a register of properties that are considered to be of cultural heritage value or interest. The registry shall contain both those lands that have been designated under Parts IV or V of the Ontario Heritage Act as well as listed properties believed to be worthy of future designation. 4.3 The City shall consider the addition of cultural heritage properties that have not been designated under the Ontario Heritage Act to the municipal register where preliminary research has shown that there is sufficient merit to undertake a more detailed review and evaluation of the property for future designation. 4.4 In order to promote the conservation of heritage resources, the City shall, through the MHC, designate significant properties of cultural heritage value or interest as permitted under Parts IV or V of the Ontario Heritage Act. 4.5 In consultation with the MHC, built heritage resources within the municipality shall be assessed by use of studies, surveys or other methods. The following criteria shall be considered when identifying, studying, assessing or conserving properties of cultural heritage value. 4.5.1 The property represents a rare, unique, or early example of a style, type, expression, material or construction method. 4.5.2 Built resources or design of the property displays exceptional craftsmanship or artistic merit. 4.5.3 Elements of the property demonstrate a high degree of technical or scientific achievement. 4.5.4 The property is significant to the community because of direct associations to a theme, event, belief, person, activity, organization or institution. 4.5.5 The property contributes to the understanding of a community or culture. 4.5.6 The property demonstrates/reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to the community. 3-24 4.5.7 The property is important in defining, maintaining or supporting the character of an area. 4.5.8 The property is physically, functionally, visually or historically linked to its surroundings. 4.5.9 The property is a landmark. 4.6 In consultation with the MHC the following criteria shall be considered when identifying, studying, assessing or conserving heritage districts. 4.6.1 The majority of properties represents a rare, unique, or early example of a style, type, expression, material or construction method; display exceptional craftsmanship or artistic merit; or demonstrate a high degree of technical or scientific achievement. 4.6.2 The majority of properties have a direct association to a theme, event, belief, person, activity organization or institution that is significant to the community or contributes to the understanding of a community or culture. 4.6.3 The majority of the properties demonstrate or reflect the work or ideas of an architect, artist, builder, designer or theorist who is significant to the community. 4.6.4 The district consists of a homogeneous collection of properties that are important in defining, maintaining or support the character of an area; are physically, functionally, visually or historically linked to their surroundings; or form a landmark. 4.7 The Council shall undertake a study of any area of the municipality being considered as a Heritage Conservation District. Council may pass a by-law to designate a specified area as a heritage conservation study area for a period of up to one year. Through the designation by-law, Council may prohibit or limit the alteration of property or the erection or demolition of buildings within the designated study area. 4.8 A Heritage Conservation District Study shall be based on the criteria contained in Policy 4.6 and any applicable Provincial Guidelines and will: a) outline the geographic boundaries of the area to be designated; b) provide recommendations on the objectives of the designation and what is to be contained in a Heritage Conservation District Plan; C) make recommendations regarding required changes to the City's Official Plan or Zoning By-law; and d) be adopted by a By-law that will also adopt a heritage conservation district plan in accordance with the provisions of the Ontario Heritage Act. 3-25 4.9 In consultation with the MHC, the following criteria shall be considered when identifying, studying and assessing cultural heritage landscapes. 4.9.1 The landscape represents a rare, unique or early example of a style, type, expression, material or construction method. 4.9.2 The landscape contains excellent craftsmanship or artistic merit. 4.9.3 The landscape is representative of a high degree of technical or scientific achievement. 4.9.4 The landscape has associations to a theme, event, belief, person, activity, organization or institution that is significant to the community. 4.9.5 The landscape contains elements that contribute to the understanding of a community or culture. 4.9.6 The landscape demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to the community. 4.9.7 The landscape is important in defining, maintaining or supporting the character of an area. 4.9.8 The landscape is physically, functionally, visually or historically linked to its surroundings. 4.9.9 The landscape is considered a landmark of the City. 4.10 The City recognizes that there are many archaeological sites containing artifacts or other physical evidence of past human use or activities throughout the municipality. Every effort will be taken to ensure archaeological resources are protected in situ. No work shall be carried out on any property which has identified archaeological resources or has archaeological potential without first conducting archaeological fieldwork and submitting a report, both undertaken by a licensed archaeologist. Any fieldwork and investigation shall adhere to Provincial guidelines and requirements. The archaeological report shall be prepared to the satisfaction of the Ministry of Culture or its designate to address, among other things: site findings, analysis of findings, a statement of heritage value, any further assessment needed, methods of protecting archaeological sites/artefacts (buffer areas, landscaping, avoidance strategy) and a construction monitoring schedule. 4.11 The City shall refer to the Niagara Falls Heritage Master Plan and the Region of Niagara to identify sites having potential for archaeological resources. Where potential archaeological resources have been identified, the submission of an archaeological assessment shall be required as part of complete planning application as prescribed under the Planning Act. 4.12 Where an archaeological assessment has identified that an archaeological resource should remain on site to preserve its cultural heritage significance, Council may, 3-26 upon consultation with the MHC, support designation of the site as provided for under Part VI of the Ontario Heritage Act. 4.13 In orderto assist in the preservation and conservation of heritage resources, the City may develop Plans and Guidelines such as, but not limited to, Heritage Impact Assessment Guidelines, Landscape Guidelines, Urban Design Guidelines or an Archaeological Master Plan, that will be used to further define, identify and evaluate properties of cultural heritage value or interest as well as outline the appropriate methods of protection including designation under the Ontario Heritage Act. Where such documents have been adopted by Council they shall be used as a guideline for future development on heritage properties and lands adjacent to them. 4.14 Council may utilize other measures to pursue heritage preservation such as, but not limited to, the following: a) a special policy provision or heritage overlay designation b) site specific zoning or area zoning to regulate building setbacks, massing, height and density; c) area design guidelines; d) transfer of development rights through the use of heritage easements and agreements; e) site plan control; f) public education initiatives and publications; g) Community Improvement Plans; or h) conservation plans which may be required as a condition of development approval together with financial securities such as a letter of credit . 4.15 In consultation with the MHC, the City shall develop provisions to protect, conserve and maintain heritage resources through the City's property standards by-law. 4.16 In consultation with the MHC, the City may regulate demolition alterations, additions, maintenance and repairs to designated properties of cultural heritage value or interest. Property owners shall be required to make application and receive permission from the City Council or designate prior to commencing any such work. 4.17 The City shall foster creative and functional uses of heritage resources in the economic and social life of the community. Encouragement shall be given to appropriate types of development or uses which propose to incorporate a building or group of buildings with historic or architectural value. At the local level incentives, bonuses or exceptions to development requirements may be considered for those proposals which incorporate heritage conservation properties in development or redevelopment projects. 4.18 The City encourages the utilization of senior government programs related to heritage resource preservation and improvement. The City shall investigate and where desirable, take advantage of financial assistance and other programs to preserve heritage resources. 3-27 4.19 Development adjacent to and surrounding significant heritage properties shall be designed as to not adversely impact on the character, quality or amenity associated with the heritage resource. 4.19.1 In consultation with the MHC, the City may require a proponent of development to submit a heritage impact assessment to determine the impact of a specific development proposal on any heritage resource or area of archaeological potential and to recommend the most appropriate method of conservation through mitigative measures or alternative development. 4.19.2 The City shall consider the impact of public works activities on heritage properties or districts and design such necessary work to mitigate the effects on heritage resources as outlined in a heritage impact assessment. 4.20 When considering an amendment to this Plan or through a zoning by-law amendment application within an area identified by the City as a cultural heritage landscape, the proponent shall address the following as part of a heritage impact assessment to be submitted with the application: a) the significance of the place and its contribution to the City's heritage; b) the impact of the proposal on the significance of the place; and c) the alternatives to the development as proposed and how development impacts will be minimized and/or mitigated. 4.21 City -owned heritage properties and buildings shall be conserved, maintained and, where possible, restored in accordance with the policies of this Plan. In addition, the City and other public agencies may acquire heritage property on a selective basis, where preservation under private ownership is not feasible, and when appropriate. 4.22 In recognition of the ongoing evolution of heritage, the City shall continue to study areas of cultural heritage interest to understand the history of place and for possible recognition as a significant heritage resource. Areas identified for possible future studies are listed in Appendix VI." 3-28 PART 3 - ENVIRONMENTAL MANAGEMENT SECTION 5 - URBAN DESIGN STRATEGY PREAMBLE Urban design is the shaping of the built environment. It plays an important role in the upgrading and maintenance of the City's civic image and economic potential and is critical to the quality of life for its citizens. It is the intent of this Plan to create a compact and inter- connected, pedestrian -oriented and transit -supportive community. The built environment consists of the public realm and private properties, both of which have to be designed to work harmoniously together. The policies of this section are to provide guidance to both the public and private sectors. POLICIES 5.1 New development, redevelopment and public works projects shall utilize building, streetscaping and landscaping designs to improve the built and social environment of the City and to enhance quality of life. Development should integrate and be compatible with the surrounding area including natural and cultural heritage features. 5.1.1 The design of new development and redevelopment shall specifically address height, setbacks, massing, siting and architecture of existing buildings in order to provide a compatible relationship with development in an area. 5.1.2 Development shall be designed and oriented to the pedestrian. As such buildings shall be set as close to the street as possible. Moreover, where development includes multiple buildings, the buildings should be deployed in such a manner that allows pedestrians to move between buildings with a minimum of interference from vehicular traffic. To this end, designated walkways through parking areas and to other buildings are to be provided. 5.1.3 Development and redevelopment shall be designed to minimize microclimatic impacts on adjacent lands. Mitigation measures may be secured through provisions of a site specific zoning by-law, conditions of a minor variance, or within the terms of an agreement pursuant to sections 37 or 41 of the Planning Act. 5.1.4 In prominent landmark locations such as gateway entrances to the City or along important roadway corridors, special attention to high quality design and landscaping shall be encouraged. Furthermore, new development and redevelopment should be designed and sited to minimize the obstruction of scenic views and vistas. 5.1.5 Parking areas are to be minimized within the front yard of development sites. Parking shall primarily be located in the rear or sideyards of development 3-29 sites with sufficient landscaping utilized to create an effective buffer to abutting lands. 5.1.6 Appropriately designed and scaled parking structures or underground parking shall be encouraged for large tourist commercial and high density residential developments. 5.1.7 The number of access points onto arterial roads shall be minimized. Linked parking and driveway areas shall be encouraged. Access points shall be oriented toward major roadways. 5.2 Streets are a public space that, while conveying motorized traffic, should be designed as a safe, comfortable and convenient environment for the pedestrian and cyclist. Streetscaping should serve to improve the pedestrian experience of an area through the use of amenities such as widened sidewalks, decorative street lighting, rest areas, tree planting and other landscaping features. 5.2.1 The provision of adequate and accessible space for pedestrians, cyclists and transit are to be considered in the design of streets. 5.2.2 The improvement and upgrading of streetscapes is encouraged through the development of facilities and amenities such as sidewalk cafes, plazas, piazzas and other spaces. Where appropriate, streetscape plans, urban design guidelines or community improvement plans will be undertaken and implemented in cooperation with area land owners and Boards of Management for business improvement areas. 5.2.3 The City shall cooperate with other levels of government in protecting existing trees and planting new trees along roadways and highways in accordancewith municipal, Regional and Provincial guidelines for aesthetics, maintenance and safety. 5.2.4 In all public works, no trees within the road allowance or on public property shall be removed unnecessarily. However, if they must be removed, suitable, native trees shall be replaced as soon as possible where it is desirable and practical. 5.2.5 The City shall participate in a tree planting program to enhance the environment and shall encourage private landowners to protect existing trees, hedgerows, windbreaks and other natural areas and plant additional trees on their own property using native species wherever possible. 5.2.6 In cooperation with the appropriate agencies, the number of utility poles shall be minimized and overhead wiring shall be progressively buried underground. 3-30 5.2.7 The City shall cooperate with other levels of government and agencies in consolidating driveway entrances and/or providing access turnarounds, wherever possible, within and between properties to improve traffic flow efficiencies and to protect private and public property. 5.3 Landscaping and open space amenity areas can provide an opportunity to enhance the visual image of properties along the streetscape and should be incorporated in development projects to complement boulevard plantings. Landscaping can soften dominant building mass, screen noise and visual intrusion, shield against excessive wind and sun and provide various environmental benefits. 5.3.1 The orientation of landscaping within development sites should be toward public use areas, realizing the importance of the effective placement and maintenance of such landscaping in creating attractive amenity areas and entranceways. In addition, the City shall promote the substantial greening of the area intended for landscaping within development sites. 5.3.2 Low maintenance forms of landscaping shall be encouraged, where possible, with the responsibility for maintenance to be placed on the landowner. 5.3.3 The size and extent of new plantings shall be appropriate for the mass and size of the building and surrounding area. Suitable tree types and plant species shall be selected having regard for their purpose, appearance and resilience to conditions of the urban environment. 5.3.4 Landscaping, together with other design measures, can assist in mitigating the impacts of development on surrounding lands. Landscaping, where adjacent to buffer areas of natural heritage features, shall be designed to incorporate native species. The City shall encourage the utilization of adequate buffering, screening and other landscaping measures to ensure separation between potentially incompatible uses. 5.3.5 The City shall encourage the preservation and the incorporation of existing trees, vegetation, green areas and topography into the design and landscaping plans of proposed developments. Tree Preservation Plans may be required prior to any site alteration in compliance with PART 2, Section 11. 5.3.6 Minor variances to zoning provisions and flexibility in site planning may be considered within the urban boundary in order to accommodate building orientation, landscaping designs, lot coverage and other site or building characteristics to provide for increased energy efficiency. 5.4 Parking areas should be designed efficiently to minimize the extent of pavement and provide the opportunity for additional landscaping. 5.4.1 Green space and landscaping shall be interspersed throughout the parking area but not affect its functioning and safety. 3-31 5.4.2 Traffic islands, paving materials, landscaping and lighting should be used to clearly distinguish between vehicle areas and pedestrian routes to provide safety and amenity. 5.5 Signs within the City are regulated by the comprehensive sign by-law. The by-law implements the following amenity and design principles: 5.5.1 The city is organized into sign districts in order to establish the appropriate sign types and regulations for each district. 5.5.2 Proposed signs should be designed so as not to compete for visual attention and airspace with streetscape elements, existing signage and buildings. 5.5.3 Signs are a part of the streetscape and are to be designed to complement the built form and character of the surrounding area. Signs are not to be intrusive nor add to visual clutter. Separation distance between signs and residential uses, designated heritage properties and open space should be such that these uses are not impacted negatively. 5.5.4 Signs should be designed to integrate with building architecture and the development in general. 5.5.5 Electronic signage should be carefully sited. Due to its illumination and display characteristics, electronic signage should be located such that impacts on vehicular and pedestrian traffic are minimized. 5.5.6 Signs located in the Downtown and Drummondville Districts shall be designed to respect the historic character or heritage theme for these areas. As such, signs are to be at a scale and size that is appropriate for the districts and in compliance with the specific design guidelines to be developed for the Downtown and Drummondville Districts. 5.5.7 Applications for minor variances from the comprehensive sign by-law maybe considered by Council or its designated staff member provided that: • the general intent and purpose of the Official Plan is maintained; • The general intent of the Sign By-law is maintained; • the request is minor in nature; and • is desirable for the appropriate development of the land. 5.5.8 Any major deviations will require Council approval as an amendment to the by-law and will be subject to the submission of an application accompanied by studies and/or reports, to demonstrate the reasons why the by-law regulations cannot be complied with and to address issues of aesthetics and design as well as impacts on the surrounding area, traffic safety and public property. 5.5.9 Approvals of by-law amendment applications may be subject to conditions including, but not limited to, submission of Letters of Credit, agreements 3-32 registered on title to safeguard the City's interests in the regulation of signs and their content as Council considers appropriate. 5.6 The City advocates high quality development through the preparation of secondary plans, community or neighbourhood plans and community improvement plans. The achievement of this goal shall also be assisted in the review and approval of subdivisions, zoning amendment applications and the utilization of site plan control. 5.6.1 Individual subdivisions and rezoning developments are to be coordinated through applicable secondary plans to ensure appropriate aesthetic qualities are attained. 5.6.2 Aspects such as the arrangement of uses and densities, road layout and orientation, lotting schemes, parks, pedestrian and cycling routes, tree planting, landscaping and services shall all be addressed as design elements within secondary plans and plans of subdivision. 5.7 The City may prepare urban design plans or neighbourhood plans to implement the Urban Design Policies on specific areas. In the absence of such plans, reference should be made to Niagara Region's Model Urban Design Guidelines. 3-33 PART 3 - ENVIRONMENTAL MANAGEMENT SECTION 6 - ENVIRONMENTAL QUALITY PREAMBLE With the ever increasing public awareness and interest in the environment, it is important to ensure that development proposals are assessed in an environmentally sensitive manner. This section is intended to provide evaluation policies that will minimize adverse effects of development on the natural and human living environment. The policies encourage the improvement of developed areas through greening and landscaping, increased use of public transit and alternative modes of transportation, and the protection of the public from noise, water and air pollution, with the cooperation of other government agencies. It is recognized that the main responsibility for environmental matters rests with the Federal and Provincial Ministries of the Environment through the implementation of such legislation as contained in the Environmental Assessment Act, the Environmental Protection Act and the Ontario Water Resources Act. However, the City will initiate a proactive approach for environment protection through the implementation of the Environmental Quality policies. Potentially contaminated properties are properties where the environmental condition of the site (soil and/or groundwater) may have potential for adverse effects on human health, ecological health or the natural environment. In order to prevent these adverse effects, it is important prior to permitting development, to identify these properties and ensure that they are suitable or have been made suitable for the proposed land use(s) in accordance with Provincial legislation and regulations. POLICIES 6.1 While the identification of potentially contaminated properties through the planning application review process is important, the policies in this section should not be interpreted as a commitment on the part of the City to identify all contaminated properties or sites. Rather, these policies should be regarded as an effort on the part of the City to responsibly utilize available information in the planning application review process in order to help ensure that development takes place only on sites where the environmental conditions are suitable for the proposed use of the site. 6.2 In order to minimize the effects of development or redevelopment from an environmental perspective, Council may, in consultation with the appropriate public agency, require the proponent to undertake various studies by a qualified professional to ensure protection of the environment and the quality and quantity of surface and ground water features. 6.3 Council may provide the appropriate public agencies such as the Ministry of Natural Resources, the Niagara Escarpment Commission, the Niagara Peninsula Conservation Authority, the Niagara Parks Commission, the Regional Municipality 3-34 of Niagara, and the Ministry of the Environment with an opportunity to review and make recommendations on the acceptability of any required studies prior to any decision on the support or denial of the proposal. The City will take an active role in the preparation of any necessary studies. 6.4 The studies, as noted in Policy 6.2 above, will not be required as part of a submission where the development or redevelopment proposal is subject to an environmental assessment or related assessment or study pursuant to the Environmental Assessment Act, the Environmental Protection Act, or other pertinent legislation. 6.5 Council will encourage, together with the Niagara Parks Commission, that the Niagara River Parkway, including the Gorge and Niagara River, be protected and maintained for continued public use and enjoyment. Future development along the Niagara River Parkway will be kept to a minimum and in accordance with the development standards of the Niagara Parks Commission and the policies as contained in this Plan. 6.6 Council will cooperate with the Ministry of the Environment to ensure potential pollution sources or noise and/or vibration, odour and/or dust, will be minimal. In addition, Council will cooperate with the Ministry of the Environment to ensure safe water quality of streams, ground water or domestic water supply. 6.7 The following list of general uses represents some current or past activities on a property that may be causing or may have caused environmental contamination: 6.7.1 activities involved with the elimination of waste and other residues, including, but not limited to, landfill sites, settling ponds and waste disposal areas; 6.7.2 industrial, commercial oragricultural activities involving the storage and/or use of hazardous substances, including, but not limited to, fuels, oils, chemicals, paints or solvents; 6.7.3 railway lands, which include private lands where railway spur lines have been located; and 6.7.4 lands that may be potentially impacted by the migration of potentially contaminated ground or surface water emanating from other sites. 6.8 In order to assist the City in determining the potential for site contamination, development proponents shall provide as part of any planning application, the documenting of previous uses of the lands that are the subject of a planning application and/or adjacent lands that may be adversely impacting the lands that are subject to a planning application. 6.9 For properties that have been identified as potentially contaminated, and where there is a proposed change in land use to a more sensitive use, the City shall: 6.9.1 require verification to the satisfaction of the City and the Region from a Qualified Person as defined by provincial legislation and/or regulations, that 3-35 the property or properties in question do not require remediation in accordance with provincial legislation and regulations, or the property or properties in question have been remediated and made suitable for the proposed use in accordance with provincial legislation and regulations, including where required by City policies or provincial legislation and/or regulations, filing by the property owner of a Record of Site Condition (RSC) signed by a Qualified Person in the Environmental Site Registry, and submission by the owner to the City and the Region of proof that the Ministry of Environment (MOE) has acknowledged receipt of the RSC. 6.9.2 not consider an RSC as acknowledged by the MOE for the purposes of Policy 6.9.1 until either: a) the MOE has confirmed that the RSC will not be audited; or b) the MOE has confirmed that the RSC has passed the audit. 6.9.3 in order to ensure that satisfactory verification of suitable environmental site conditions is received in accordance with Policy 6.9.1, Council shall utilize Holding provisions, pursuant to the provisions of the Planning Act, in any amending zoning by-law. Where a Zoning By-law amendment is not required, Council shall attach appropriate conditions to draft approval of an application for subdivision. 6.10 Where the City is deeded land for public highways, road widenings, parks, stormwater management, easements, or for any other purpose, the City shall require, as a condition of transfer, satisfactory verification of environmental site condition as per Policy 6.9.1. 6.11 The City discourages hazardous wastes from being stored, treated or disposed of within the City of Niagara Falls. The City shall continue to sponsor Hazardous Waste Collection Days for proper treatment and disposal in conjunction with private operations. 6.12 Council supports compact, efficient designs, a compatible mix of land uses and the use of alternative or renewable energy, such as solar and wind, to support energy efficiency and improved air quality. 6.13 The City supports all efforts to reduce sources of air pollution and activities that contribute to greenhouse gas emissions. To this end the City shall: a) endeavour to operate City facilities in an energy efficient manner and, wherever possible, utilize alternatives to fossil fuel based energy. b) encourage site design that support a healthy environment such as building orientation to minimize heating/cooling costs, mixed land uses to minimize the necessity of vehicular travel for basic goods, the provision of walkways, cycling facilities and public transit to provide alternative forms of travel. 3-36 c) promote the retention and enlargement of green spaces in site design through such measures as tree planting, tree preservation, roof top gardens, and the use of native species in landscaping. d) support the use of alternative and renewable sources of energy such as wind or solar power. PART 4 ADMINISTRATION IMPLEMENTATION Eff PART 4 - ADMINISTRATION AND IMPLEMENTATION SECTION 1 - PROVINCIAL POLICIES, OFFICIAL PLANS OF THE REGION AND ADJACENT MUNICIPALITIES a7A_1LY, 1-�� This section recognizes that planning within the municipality shall be consistent with Provincial or Regional interests and may affect neighbouring municipalities. Relevant planning documents of the Province, Region and abutting municipalities therefore, must be taken into consideration when applying or attempting to change the policies of this Plan. POLICIES 1.1 The Province has issued Provincial Policy Statements on matters relating to municipal planning under Section 3 of the Planning Act. The Province has also issued a Greenbelt Plan and Growth Plan for the Greater Golden Horseshoe. Any development or redevelopment shall be consistent with the Policy Statements and shall be in conformity with, or shall not conflict with Provincial Plans that are in effect on the date of decision. 1.2 In keeping with the Planning Act, and the Niagara Escarpment Planning and Development Act, and the Regional Municipality of Niagara Act, it is intended that this Plan and subsequent implementing procedures will comply with the Official Plan of the Regional Municipality of Niagara and the Niagara Escarpment Plan. 1.3 Council shall not approve amendments to this Plan or to the Zoning By-law which do not conform to the Region's Official Plan and the Niagara Escarpment Plan. City Council may request Regional Council or the Niagara Escarpment Commission to initiate amendments, when warranted, to the Region's Official Plan or the Niagara Escarpment Plan. 1.4 The City will have regard to the approved land use designations of adjacent municipalities upon the review of development proposals within the vicinity of neighbouring municipalities. Elr� PART 4 - ADMINISTRATION AND IMPLEMENTATION SECTION 2 - OFFICIAL PLAN REVIEW AND AMENDMENTS PREAMBLE The Planning Act sets out the steps necessary for reviewing Official Plan documents and for amending the Official Plan. The procedures allow for and encourage public participation in the review of proposed changes to the Plan. POLICIES 2.1 The Official Plan for the City of Niagara Falls is intended to provide planning policies for a plan period ending in 2031. In order to ensure the continued relevance and practicality of the Official Plan it will be regularly reviewed and at least one open house will be held once every five years from the date of Regional approval. The review shall ensure that the Official Plan conforms with and does not conflict with Provincial Plans; has regard to the matters of provincial interest; and is consistent with Provincial Policy Statements and the Regional Policy Plan. 2.2 Amendments will be required to this Plan when revisions are made to the Region's Official Plan which have a direct effect on the planning of Niagara Falls. In addition, amendments will be required when a change in land use designation or a major public work is proposed that does not comply with the policies of this Plan or any other major change that is proposed to the policies of this Plan. 2.3 Council recognizes that an important part of the planning process for the City is the continuous evaluation, through special studies, of existing development as the basis for policy formulation and review. Based upon the above, a system will be implemented to monitor development and measure the effectiveness of the policies of this Plan. Ongoing monitoring will evaluate such matters as the following. 2.3.1 Population changes. 2.3.2 Intensification and Density Targets 2.3.3 Employment changes. 2.3.4 Land use changes 2.3.5 Rate of development. 2.3.6 Housing densities, housing mix, housing needs and conditions, lot inventories and vacancy rates. 2.3.7 Municipal assessment and the residential non-residential assessment balance. 4-3 2.3.8 Sewage and water capacity utilization. 2.3.9 Changes in Federal and Provincial programs. 2.3.10 Recreation and cultural facilities. 2.3.11 Volume, nature and location of industrial and commercial development. 2.3.12 Preservation of environmental features. 2.3.13 Traffic volumes and conditions. 2.3.14 Sustainable development. 2.3.15 Transit and pedestrian supportive design. 2.4 Council shall promote the active participation of the citizens of Niagara Falls in the implementation of the policies of this Plan and any subsequent amendments in accordance with the provisions of the Planning Act. All proposed amendments to this Plan will be subject to a formal public meeting. When a public meeting is to be held to inform the public and to provide them an opportunity to make representation in respect to a proposed Official Plan amendment, notice of such meeting shall be given in compliance with the Regulations issued under the Planning Act. 2.5 Council shall provide information regarding a proposed amendment to the Official Plan to such boards, members of the public, commissions or agencies that may have an interest. Prior to adopting a proposed amendment, Council shall afford such agencies an opportunity to submit comments. 2.6 When considering an amendment to the Official Plan, Council shall consider the following matters. 2.6.1 The conformity of the proposal to the general objectives of this Plan. 2.6.2 Suitability of the site or area for the proposed use, especially in relation to alternative sites or areas of the City or possible areas of intensification or redevelopment. 2.6.3 Compatibility of the proposed use with adjacent land use designations and natural resources. 2.6.4 The need for and market feasibility of the proposed use. 2.6.5 The extent to which the existing areas of the City designated for the proposed use are developed or are available for development. 2.6.6 The availability of adequate municipal services and facilities for the proposed use and its impact on the transportation system, community facilities and natural environment. 2.6.7 The financial implications of the proposed development. 2.6.8 The protection of specialty crop land as defined in the Provincial Policy Statement from development. 2.6.9 Any applicable cross -jurisdictional issues such as, but not limited to servicing, transportation, watersheds and natural areas. 2.6.10 Compliance with a Comprehensive Review prepared by the City when considering the conversion of employment areas including an area of employment, to another land use category, except where the conversion is proposed within an area identified as a Community Improvement Plan Area in this Plan in which case a Comprehensive Review as defined by the Provincial Places to Grow Growth Plan has been initiated or adopted by the City. 2.7 Expansion to the Urban Area Boundary (shown on Schedule A and identified in the Regional Policy Plan) where a Municipal Comprehensive Review has been completed (as defined by the Provincial Places to Grow Growth Plan), will be considered during the periodic City review of the Official Plan as outlined in Policy 2.1 or through specific applications initiated by the City. Urban Boundary Expansion 2.8 An urban area boundary expansion shall only occur where the Regionally led and subsequent Local Growth Management Studies have demonstrated that: 2.8.1 Sufficient opportunities to accommodate forecasted growth through intensification and greenfield development, using the intensification target and density targets of this Plan, are not available. 2.8.2 The expansion makes available sufficient lands for a time horizon not exceeding 20 years. The timing of the expansion and phasing of development within the greenfield area will not adversely affect the achievement of the intensification target, density targets or any other policies of this Plan. 2.8.3 Where applicable, the proposed expansion will meet the requirements of the Greenbelt and Niagara Escarpment Plans. 2.8.4 The existing or planned infrastructure required to accommodate the proposed expansion can be provided in a financially and environmentally sustainable manner. C1, 2.8.5 In prime agricultural areas: a) The lands do not comprise specialty crop areas. b) There are no reasonable alternatives that avoid prime agricultural areas. c) There are no reasonable alternatives on lower priority agricultural lands in prime agricultural areas. 2.8.6 Impacts from expanding urban areas on agricultural operations that are adjacent or close to the urban area are mitigated to the extent feasible. 2.8.7 In determining the most appropriate location for expansions to the boundaries of an urban area, the policies of Sections 2 and 3 of the PPS and Sections 6 and 7 of the Regional Policy Plan or corresponding policies of this Plan are applied. 2.8.8 The expansion will plan to maintain or move significantly towards a minimum of one full time job per three residents within the municipality. Employment Land Conversions 2.9 The City may permit the conversion of lands within employment areas to non - employment uses but only through a municipal comprehensive review where it has been demonstrated that the conversion meets each of the tests identified in Policy 2.10 where it meets at least one of the following strategic objectives: 2.9.1 promotes brownfield redevelopment; 2.9.2 addresses issues related to land use incompatibility; 2.9.3 provides affordable housing; or, 2.9.4 meets any of the other strategic policies of this Plan. 2.10 Conversion of employment lands to non -employment uses must demonstrate that: 2.10.1 there is a need for the conversion; 2.10.2 the City will meet employment targets allocated to the Municipality as documented in this Plan; 2.10.3 the conversion will not adversely affect the overall viability of the employment area and the achievement of the intensification target, density targets and other policies of this Plan; 2.10.4 there is existing or planned infrastructure in place to accommodate the proposed use; 2.10.5 the lands are not required over the long term for the employment purposes for which they are designated; and, 2.10.6 Cross jurisdictional issues, including but not limited to infrastructure, the environment and land supply have been considered. HE PART 4 - ADMINISTRATION AND IMPLEMENTATION SECTION 3 - COMMUNITY SECONDARY PLANS AND NEIGHBOURHOOD PLANS PREAMBLE Secondary plans are land use, transportation and servicing policy plans for sub -areas of Niagara Falls that indicate in greater detail than the Official Plan, how the policies and land use designations of the Official Plan are to be implemented in a particular area. Such plans ensure appropriate and efficient development of areas from a land use perspective and will be administered in conjunction with servicing strategies for the areas. It is intended that the City will assume an aggressive approach to providing secondary plans for future growth areas. POLICIES 3.1 Council may require that a secondary plan be prepared prior to the undertaking of any major development, redevelopment, or where any major proposal will have the potential effect of substantially altering the pattern of land use in an area. In particular, secondary plans will be prepared for greenfield areas in accordance with Part 2. 3.2 Secondary plans will be adopted as amendments to this Official Plan. As a result, any land use change to these plans will require an Official Plan amendment in accordance with the provisions of this Plan. Where secondary plans are to be prepared and do not exist at the time of approval of this Plan, development shall be guided by the relevant policies of this Plan. 3.3 Secondary plans are land use policy plans that indicate in greater detail how the preambles, policies and designations of this Official Plan are to be implemented in a particular area. Secondary plans shall generally detail the following items. 3.3.1 The overall population capacity of the community related to road and service infrastructure. 3.3.2 Identify the location of major engineering services and public utilities. 3.3.3 The location and areas of various residential densities. 3.3.4 The needs of the residents of the community, including access to parks and open space, schools, convenience opportunities for shopping, employment and energy conservation. 3.3.5 The road pattern, including existing and proposed arterial, major collector, collector roads and local roads and where required, the general location of controlled access highways. EMA 3.3.6 The environmental constraints to development and particularly recognizing important natural heritage features and areas of hydrological significance. 3.4 Neighbourhood plans may be prepared as a guide to localized development where secondary plans are not warranted and may be incorporated into the Official Plan. 3.5 In addition to the details generally found in a secondary plan, neighbourhood plans will indicate the location of existing and proposed local roads; the ultimate population and number of residential units to be expected in the neighbourhood; the distribution and mix of housing of various densities; the location of major redevelopment areas and the location and design of basic engineering services, public parks and public utilities. Neighbourhood plans will also form a basis for the maintenance of relevant statistical information. 3.6 Where a watershed plan has been completed, all required studies for the Secondary Plan, such as subwatershed plans, drainage plans or environmental impact studies, shall conform to the goals and objectives of the watershed plan. HE PART 4 - ADMINISTRATION AND IMPLEMENTATION SECTION 4 - BY-LAWS PREAMBLE The comprehensive Zoning By-law of the City provides the mechanism in which to implement the policies of this Plan. In addition, the Planning Act provides a number of special zoning tools, such as the use of holding zones and temporary use by-laws, that can furtherassist in plan implementation. The Citywill endeavourto utilize a full range of zoning mechanisms relevant to the policies of the Plan. Within the Niagara Escarpment Area of the City, development shall be regulated by the issuance of Development Permits by the Niagara Escarpment Commission rather than through the zoning mechanisms as outlined below (See Part 2, Section 10 - Niagara Escarpment Plan Area). POLICIES 4.1 ZONING BY-LAW 4.1.1 Following adoption of this Plan and any general amendments to it, it is intended that the comprehensive Zoning By-law will be updated to implement the relevant provisions of this Plan. Any application to amend the Zoning By-law shall be in conformity with the provisions of this Plan, the Regional Policy Plan and any applicable Provincial Plans. 4.1.2 In considering the merits of any proposed amendment to the Zoning By-law, Council shall be guided by the following procedure of notification and public participation. 4.1.2.1 All proposed amendments will be circulated to those public and private agencies which, in the opinion of Council, have an interest in or may be affected by the proposal. A reasonable period of time will be given for receipt of such submission. 4.1.2.2 At least one public meeting will be held to inform the public on the particulars of the proposed amendment. Notification of such meeting(s) will be given in accordance with the Regulations issued under the Planning Act. 4.1.2.3 Public meetings shall not be required for minor amendments adopted by Council which correct numerical, typographical, punctuation and grammatical errors, correct the format of the text of schedules, delete outdated or obsolete terms, and where required, substituting the current equivalent. 4.1.3 After a required public meeting has been held, Council may make changes to a proposal prior to approving it. Council will determine if further notice and a public meeting are necessary. Any such public meeting shall be held in accordance with the requirements of the Planning Act. E101 4.2 HOLDING ZONE 4.2.1 Section 36 of the Planning Act, provides Council with the authority to zone lands for specific uses, the development of which is intended to occur at a later date, when certain identified conditions have been met. In this regard, Council may consider the use of the letter "H" in conjunction with the appropriate zone categories in the implementing Zoning By-law. The by-law will also specify what uses may occur while the holding zoning is in place. In this regard, it is expected that such interim uses will be limited to those which are existing, and to minor extensions or expansions of existing uses which do not require large capital investment and which will not adversely affect the future development of the lands. Holding provisions may be applied to achieve the following. 4.2.1.1 To encourage orderly development of lands in the municipality in situations where other lands in the same zone category should be developed first. 4.2.1.2 To phase development in accordance with the necessary approvals and the orderly progression of sanitary sewers and waterlines. 4.2.1.3 To provide for further study of lands for the purpose of establishing design criteria for development. Correspondingly, the removal of the holding provision is conditional upon the following. 4.2.1.4 The substantial development of other lands in the same zone category or the need for large parcels of land which cannot be accommodated in these other lands in the same zone category. 4.2.1.5 The necessary approvals have been obtained to facilitate the logical progression of sanitary sewers and waterlines. 4.2.1.6 A study has been carried out and design criteria has been established relevant to the lands, and the necessary implementing agreements have been entered into. 4.2.2 When the conditions relating to the holding provisions have been satisfied, the holding symbol can be removed. The City will give notice to the public of its intention to pass any by-law to remove the holding provision. Such notice shall be given in accordance with the provisions of the Planning Act. 4.3 INTERIM CONTROL 4.3.1 Where Council has directed that a study or review of land use policies be undertaken for a defined area, Council may pass an Interim Control By-law in accordance with Section 38 of the Planning Act to restrict the use of land, buildings or structures to those established in such a By-law. The effective period of an Interim Control By-law shall not exceed one year except that Council may amend the By-law to extend the period provided the total effective period of the by-law does not exceed two years from the date of passing of the original Interim Control By-law. When an Interim Control By-law ceases to be in effect, Council may not pass a further Interim Control By-law on the subject lands for a minimum period of three years. 4.4 TEMPORARY USE 4.4.1 In accordance with Section 39 of the Planning Act, Council may pass by-laws authorizing the temporary use of lands, buildings, or structures. It is recognized that on occasion a use may not conform to the land use O.P.A. #8 designation of this Plan. Any use allowed by a temporary use by-law shall be Approved of a limited duration and shall not entail any major construction or investment January so that it can be easily removed when it is required to cease. As a condition 1995 of approval, Council may require the applicant to enter into an agreement with the City and to deposit sufficient securities with the City to ensure that the land, building or structure is returned to an acceptable condition once the temporary use by-law expires. 4.4.2 When considering the merits of any temporary use, Council shall consider matters such as the compatibility of the use with surrounding land uses; the potential impact of the temporary use on both the future use of the subject property and surrounding lands; traffic circulation and parking; servicing; and noise. Temporary uses, buildings and structures that are not farm related should be directed away from the Good General Agriculture Areas as set out in this Plan. 4.4.3 Temporary use by-laws may allow a use for a maximum of three years. Council may grant an extension of up to three years at a time to permit the continuance of an authorized temporary use. Once a temporary use by-law expires, the use permitted by the by-law must cease and cannot be considered a non -conforming use. 4.5 BONUS ZONING 4.5.1 Council may grant, pursuant to Section 37 of the Planning Act, bonuses in height and/or density of a development beyond that permitted by this Plan and/or the Zoning By-law in exchange for facilities, services or matters. Development proposals shall be consistent with the objectives and policies of this Plan. The facilities, services or matters include, but are not limited to: !lSE • public capital facilities; • remediation of a brownfield site; • provision of parkland or public open space, beyond that required by this Plan; • preservation of natural heritage resources, beyond that required by this Plan; • provision of on-site and/or off-site pedestrian, cycling or transit facilities; • additional road or servicing improvements; • preservation of cultural heritage resources, including restoration of buildings, conservation of heritage landscapes and protection of archaeological sites; and • provision of on-site and off-site sustainable design elements. 4.5.2 In the consideration of the facilities, services or matters to be provided, regard shall be had for the relationship of the facilities, services or matters to the proposed development, or the neighbourhood in which the proposed development is located. 4.5.3 In all cases, the increase in height and/or density will be based on a site specific review. In reviewing the proposed increase in height and/or density, Council will ensure that: • the proposed development is compatible with the scale and character of the surrounding neighbourhood and does not constitute an undue concentration of density; • there is adequate infrastructure and community facilities available, or can be made available, to support the proposed development; • the transportation system can accommodate the proposed increased density; and • the site is of a size and configuration that can accommodate the necessary on-site functions, parking and landscaping. 4.5.4 Any agreements required to secure the services, facilities or matters shall be executed by the applicant prior to Council passing any by-laws to amend the Zoning By-law. 4.6 CONDITIONAL ZONING 4.6.1 In accordance with Section 34 of the Planning Act, Council may, through a zoning amendment, impose one or more conditions on the use, erection or location of lands and/or buildings and structures that may be fulfilled subsequent to approval of the amendment and must be fulfilled prior to the issuance of a building permit for development. Conditions that may be imposed through a zoning by-law amendment shall be consistent with prescribed Provincial regulations and may include: a requirement to implement measures identified through the zoning amendment review, the provision of services and infrastructure and the protection of natural MN resources, built environments, sustainability, energy efficiency, and public health and safety. 4.6.2 Council may require the owner of land subject to a zoning amendment to enter into an agreement to implement, maintain and/or enforce a condition of zoning approval or to provide a time limit for completion of such conditions. The agreement will be registered on title against the lands and will be enforced against the present and subsequent owners. 4-13 PART 4 - ADMINISTRATION AND IMPLEMENTATION SECTION 5 - NON -COMPLYING USES PREAMBLE While the land use designations as shown on Schedule "A" of this Plan represent a concept which will be worked towards in the zoning of lands, it is recognized that there exists uses that do not presently comply with this concept. Many of these uses have been established for a number of years and frequently a measure of stability has been obtained between them and their neighbours. While this Plan does not encourage a mix of uses that may be incompatible with each other, it is recognized that many of these situations can be tolerated in the interim without serious adverse effects. POLICIES 5.1 Where an existing use of land does not comply with the land use designation shown on Schedule "A" or to any other applicable policy in this Plan, it may, notwithstanding these policies, be zoned in accordance with the present use or a limited range of similar uses and performance standards subject to the following. 5.1.1 The zoning will not permit any change of use or performance standard that will aggravate any situation detrimental to adjacent complying uses. 5.1.2 The use does not constitute a danger to surrounding uses and persons by virtue of a hazardous nature, the traffic generated, or other nuisance. 5.1.3 The use does not contribute to any urban renewal problem by virtue of being associated with the deterioration of buildings and the lack of maintenance or property. 5.1.4 The use does not interfere with desirable development in adjacent areas that are in conformity with this Plan. 5.2 Where an existing use in one or more of these respects is incompatible, it will not be so zoned and will be identified as a non -conforming use in the Zoning By-law. 5.3 Due to the potential secondary effects of adult entertainment parlours and body -rub parlours and their existing concentration in certain geographic locations of the City, O.P.A. #45 only those facilities that comply with the Industrial land use designation shown on Approved Schedule "A" of this Plan and any other applicable policy of the Official Plan shall be January 2003 zoned as a permitted use. M" EI PART 4 - ADMINISTRATION AND IMPLEMENTATION SECTION 6 - NON -CONFORMING USES PREAMBLE The policies of this Plan and the lands use designations in Schedule "A", represent a strategy to be followed over the course of the planning period. This strategy will be implemented through the Zoning By-law. It is recognized that there will be instances where uses legally operating at the day of the adoption of the Zoning By-law will not conform to the policies of this Plan and that they will not be permitted uses in the implementing Zoning By-law. Such uses shall be deemed legal non -conforming uses. The long term intent of this Plan is that such legal non -conforming uses cease so that the lands may then be used for a purpose in conformity with the provisions of this Plan. POLICIES 6.1 When a legal non -conforming use seriously affects the general amenity of the surrounding area, consideration will be given to the possibility of reducing or eliminating such conditions, especially when public health and welfare are directly affected. Where the incompatibility is particularly serious, Council may undertake those measures it deems necessary to remove or relocate such uses and to improve the amenity of the area. 6.2 Where land, buildings or structures are used as a legal non -conforming use, such a use must cease to exist prior to the establishment of the legal use permitted by the Zoning By-law on the land. 6.3 In order to provide some flexibility to the Zoning By-law and to avoid unnecessary hardship, expansions of legal non -conforming uses may be considered. These expansions may be permitted if in conformity with the policies of this Section and provided the community will not be adversely affected. Council may also permit such expansion by means of a by-law enacted pursuant to Section 34 of the Planning Act. When considering such expansions, Council shall be satisfied that the following requirements are or will be, fulfilled. 6.3.1 The proposed extension or enlargement of the established legal non -conforming use is not to unduly aggravate the situation created by the existence of the uses, especially in regard to the land use designation of this Plan and the requirements of the Zoning By-law. 6.3.2 The proposed extension or enlargement is to be in an appropriate proportion to the size of the legal non -conforming use established prior to the passing of the Zoning By-law. 6.3.3 An application which would affect the boundary between areas of different land use designations in this Plan will only be processed under these policies if it can be considered as a minor adjustment. Major intrusions will require an amendment to this Plan. 4-15 6.3.4 The characteristics of the existing legal non -conforming use and the proposed extension or enlargement will be examined with regard to noise, vibrations, fumes, smoke, dust, odours, lighting and traffic generation. No amendment to the By-law will be made if one or more of such nuisance factors will be created or increased so as to add essentially to the incompatibility of the use with the surrounding area. 6.3.5 The neighbouring complying uses will be protected, where necessary, by the provisions of areas for landscaping, buffering or screening; appropriate setbacks for buildings and structures; devices and measures to reduce nuisances; and by regulations for reducing adverse effects caused by such items as outside storage, lighting, advertising and signs. 6.3.6 Provisions and regulations, including site plan control, may be applied to the proposed extension or enlargement and, wherever feasible, be extended to the established use in order to improve its compatibility with the neighbourhood. 6.3.7 Traffic and parking conditions in the vicinity will not be adversely affected by the application and traffic hazards will be kept to a minimum by appropriate design or access points and improvement of site conditions, especially in proximity to intersections. 6.3.8 Adequate provisions have been or will be made for off-street parking and loading facilities. 6.3.9 Adequate services such as sewage disposal facilities, storm drainage and roads are adequate or can be made adequate. 6.3.10 Council may also consider the feasibility of acquiring, selling, leasing or redeveloping the property concerned in accordance with the provisions of the Planning Act. Council shall further examine the merits and potential for the relocation of the use to an area in compliance with this Plan. 6.4 In consideration of any application submitted to the Committee of Adjustment for expansion of a legal non -conforming use pursuant to Section 45 of the Planning Act, the Committee shall have regard to those matters set out in Policy 6.3.1 through 6.3.10 as noted above. 6.5 The long-term intent of the Plan is to reduce the potential secondary effects of existing adult entertainment parlours and body -rub parlours with sensitive and O.P.A. #45 incompatible uses and to reduce the concentration of existing adult entertainment Approved parlours and body -rub parlours. It is the intent of this Plan that the adult January 2003 entertainment parlours and body -rub parlours existing as of August 12, 2002 that are legal non -conforming should ultimately cease or relocate to the appropriate Industrial designations. As such, any proposed expansions or enlargements of legal non- conforming adult entertainment parlours and body -rub parlours shall not be permitted. UM. PART 4 - ADMINISTRATION AND IMPLEMENTATION SECTION 7 - SUBDIVISION CONTROL PREAMBLE The development of land shall generally proceed by a registered plan of subdivision in accordance with Section 51 of the Planning Act. Consents to sever land as an alternative to a registered plan of subdivision will be discouraged and will only be permitted when such a plan is clearly not needed to ensure that the intent of the policies of this Plan are satisfied. POLICIES 7.1 The division of land is to occur by plan of subdivision which provides for a comprehensive review of development with special consideration of such matters as items of Provincial interest, conformity with local planning documents and the public interest. 7.2 The development of more than two parcels of land from an original property shall proceed by plan of subdivision. Exceptions may be considered in cases where lands front on an existing open public road constructed to municipal standards, the development is considered to be infilling and the proponent pays all fees generally related to the requirements of a subdivision. Council shall recommend to the Regional Municipality of Niagara only those draft plans of subdivision which comply with the policies and land use designations of this Plan and appropriate secondary plans and which, to the satisfaction of Council, can be supplied with adequate services and maintain a sound municipal financial position. 7.3 Development by way of plan of subdivision shall be in conformity with the following items. 7.3.1 No development shall be permitted unless it complies with the policies of this Plan, the Regional Official Plan and the requirements of the Planning Act and any Provincial Plans. Prior to the registration of a subdivision plan or issuance of the Land Division Committee's certificate, the development must conform with the appropriate Zoning By-law. 7.3.2 Access to Provincial Highways, Regional roads and the Niagara River Parkway must conform with access requirements of the Provincial Ministry of Transportation, the Regional Municipality of Niagara and Niagara Parks Commission. 7.3.3 Any lot created shall have direct frontage on a public road of an acceptable standard of construction. 7.3.4 Development shall not create a traffic hazard. 4-17 7.3.5 The applicant must prove to the appropriate authority that sufficient sewer and water services are available for the intended use of the land. 7.3.6 Development shall be prohibited in significant wetlands and habitat of endangered or threatened species and discouraged in woodlots; and other natural resource areas. Development within or adjacent to a natural heritage resource area or other natural area may be restricted and will be subject to the policies of Part 2, Section 11. The City shall seek the protection of wetlands adjacentto plans of subdivision/condominium through the dedication of the wetland area to the City, Niagara Peninsula Conservation Authority or other public agency or land trust. 7.3.7 Extensions to linear or ribbon development along roadways are to be discouraged except within the Parkway Residential Area. 7.3.8 Development will be discouraged where a division of land would interfere with land assembly for the purpose of planned development. 7.3.9 Development will be discouraged when it does not comply with the staging policies of this Plan. 7.4 Development within areas which have hazardous conditions, such as flooding or steep slopes, shall be prohibited except when such consents are required to allow the undertaking of a necessary public work for flood or erosion control or for watercourse protection orthe conservation of land in accordance with the regulations of the Niagara Peninsula Conservation Authority and/or the Ministry of Natural Resources. The creation of new lots adjacent to a floodway or erosion hazard may be subject to conditions in a plan of subdivision or consent to include the protection of these natural heritage features and their adjacent tablelands in perpetuity. Protection may take the form of the dedication of land to the City or another public agency or land trust. 7.5 Plans of subdivision that have received draft approval as of the date of appeal of Amendment No. 96 to this plan are not subject to the new policies of Part 2, Section 11. If draft approval lapses or is withdrawn the policies of Part 2, Section 11 will apply to subsequent planning applications involving the subject lands. Where significant modifications to a draft plan are proposed such that the plan is recirculated for comment the revised plan should be designed to reduce significant negative impacts on the natural heritage system. ME PART 4 - ADMINISTRATION AND IMPLEMENTATION SECTION 8 - CONSENT POLICIES PREAMBLE In situations where it is clearly not necessary or in the public interest that development of lands proceed by a registered plan of subdivision, an application for the division of land by consent to the Committee of Adjustment may be considered under the relevant sections of the Planning Act. 8.1 CONSENT POLICIES FOR URBAN AREAS 8.1.1 Consents may be permitted on an infilling basis. The size of any parcel of land created should be appropriate for the use proposed considering the public services available and conformity to the provisions of the Zoning By-law. 8.1.2 Consents may be permitted for a minor boundary adjustment, easement or right-of-way. 8.1.3 Consents will only be permitted when the land fronts on a public road which is of an acceptable standard of construction. 8.1.4 In no case should the future development of rear lands be prejudiced as a result of a severance. Regard should be had to servicing requirements and for the need to reserve adequate future street access points to rear lands. 8.1.5 Wherever possible, natural heritage features shall be utilized as lot boundaries in the creation of new lots in order to avoid any negative impact of fragmented ownership on the natural heritage system. Where this is not possible, the severance of land will create a building envelope which will not interfere with wetlands, watercourses, valleylands and their adjacent tablelands, or drainage systems. Efforts should be made to avoid locating development which could impact on woodlot areas. The City may require an EIS as outlined in Part 2, Section 11 - Natural Heritage System for lands located within or adjacent to a designated natural heritage resource is required. 8.2 CONSENT POLICIES FOR GOOD GENERAL AGRICULTURE AREAS 8.2.1 A consent may be permitted for a minor boundary adjustment, easement or right-of-way provided it conforms with other policies of the Plan and does not create a separate lot for a residential dwelling. 8.2.2 Consent may be permitted for a parcel to be conveyed to and merged on title with adjoining lands on which there is an existing farm operation and the Me remnant parcel is large enough to support a viable farm operation that is of a size that is appropriate for the type of agricultural uses common in the area. 8.2.3 When two or more farms have been consolidated under one farm parcel and an existing house which is capable of habitation is considered surplus and is not required as accommodation for farm help employed on the farm, the severance of a lot with the surplus house thereon may be permitted, subject to the proposal conforming in all respects to other relevant policies of this plan and provisions of the relevant zoning by-law. The remnant farm parcel created by the severance shall be rezoned to preclude any further residential development. In addition, the surplus dwelling must meet the standards of the City's Maintenance and Occupancy Standards By-law. The lot lines for the surplus farm houses will be carefully sited so as to reduce their effect on existing farm operations, minimize the amount of agricultural land taken out of production, ensure no disruption to natural features, and allow the lots, as well as existing neighbouring lots, to properly function on private services. The maximum size of a lot shall be 0.4 hectares except to the extent of any additional area deemed necessary to support a well and private sewage disposal system as determined by the Regional Public Health Department and/or the Ministry of the Environment. The lots must also satisfy the following criteria: 8.2.3.1 Severances shall be located at the corners of existing farm holdings or between established residences, wherever possible. 8.2.3.2 Any new lot created will be required to have sufficient frontage on an improved public road in accordance with the implementing zoning by-law. 8.2.3.3 The size of any lot created shall be sufficient to achieve the long-term functioning of a private waste disposal system and avoid any future negative effects on the ground water system. A minimum of 0.4 hectares of land should be outside the flood risk area for any new lot. 8.2.3.4 The severance of land will not interfere with significant wetlands, habitat of threatened or endangered species, areas of natural or scientific interest, significant woodlands or their ecological functions, orfarm drainage systems; and any new lot created shall have sufficient area to accommodate a dwelling, accessory structures and an associated private waste disposal system outside of these features and their adjacent lands. !Ki7 8.2.4 In order to minimize land use conflicts in the Good General Agriculture Area, new or expanding livestock operations and new development on proposed new lots will be appropriately separated from each other in accordance with the Minimum Distance Separation (MDS) Formulae. Notwithstanding the above, new lots suitable for new dwellings must be separated from existing livestock operations by 304.8 metres or the distance determined by the MDS formula, whichever is greater. 8.2.5 Consent to convey a farm parcel maybe permitted where supported through a farm business plan and provided that the resulting parcels are both for agricultural use and the size of the resulting farm parcels: a) are appropriate for the farming activities proposed; b) are suited to the particular location and common in the area; and c) provide some flexibility for changes in the agricultural operation. The foregoing includes small lot severances for greenhouses and other intensive forms of agriculture subject to the condition that any new 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. Where an application for consent results in the creation of a new residential building opportunity within an existing development cluster of 5 or more lots, a hydrogeological report that evaluates on-site and off-site impacts, water quality and water quantity may be required to conform to the suitability of the site for private servicing and to evaluate the impact of the proposed new lot on the servicing of the adjacent existing lots. The report shall be prepared and signed by a qualified professional and submitted with the development application. 8.2.6 Consent may be granted for the creation of a lot for facilities and corridors of a linear nature that cannot be accommodated through the use of an easement or right-of-way and provided that the infrastructure is supported by the policies of this Plan, the Provincial Policy Statement, the Growth Plan and the Regional Policy Plan. The creation of lots for communication towers, waste disposal sites, waste transfer stations, automobile recycling uses, including tire storage and recycling, shall not be permitted. 8.2.7 Wherever possible, natural heritage features shall be utilized as lot boundaries in the creation of new lots in order to avoid any negative impact of fragmented ownership on the natural heritage system. Where this is not possible, a new lot, where permitted, shall have a sufficient building envelope that will not interfere with wetlands, watercourses, valleylands and their adjacent tablelands, or drainage systems. Efforts should be made to avoid locating development which could impact on woodland areas. The City may :A IPA require an EIS as outlined in Part 2, Section 11 - Natural Heritage System for lands located within or adjacent to a designated natural heritage resource. PART 4 - ADMINISTRATION AND IMPLEMENTATION SECTION 9 - MINOR VARIANCE AND RELATED APPROVALS PREAMBLE A Committee of Adjustment shall be appointed for the purpose of authorizing minor variances from the provisions of the Zoning By-law, the extension or enlargement of non -conforming uses, buildings or structures and other such matters as deemed appropriate by Council pursuant to the provisions of Section 45 of the Planning Act. POLICIES 9.1 The Committee of Adjustment shall be guided by the policies of this Plan in making decisions within their mandate. 9.2 Relief from current standards of development as set out in the Zoning By-law shall be minor in nature and be based on the merits of each application having regard to the policy directions established in the Official Plan, the intent of the Zoning By-law and the appropriateness of the proposed development or use of the land. Notwithstanding this policy, the Committee of Adjustment shall not consider variances to conditions of zoning by-law approval. 9.3 Any decision by the Committee of Adjustment may be for such time and subject to such terms and conditions as the Committee considers advisable. The Committee may require the owner/applicant to enter into an agreement to implement, maintain and/or enforce a condition of variance approval. The agreement will be registered on title against the lands and will be enforced against the present and subsequent owners. 9.4 A legal non -conforming use is a continuing use which was legally operating on the day of adoption of the Zoning By-law but no longer conforms with the policies of this Plan are not permitted in the implementing Zoning By-law. Such uses do not have the right to expand or change to an alternative use unless this privilege is granted by the Committee of Adjustment. 9.5 In permitting any extension, enlargement or change of a legal non -conforming use, the Committee of Adjustment shall in addition to Policy 6.3 in Part 4 Section 6 be satisfied that the following requirements which are relevant to each specific application are, or will be fulfilled, in order to safeguard the wider interest of the general public. 9.5.1 The approval of an application will not unduly aggravate the situation or result in the further entrenchment of the use in keeping with the policies of the Official Plan and the provisions of the Zoning By-law. 4-23 9.5.2 The proposed extension, enlargement or change of use is similar to, or is more compatible with, existing development in terms of street character, traffic generation, noise vibration, fumes, smoke, dust, odour, lighting and hours of operation. 9.5.3 Neighbouring conforming uses will be afforded reasonable protection and, where applicable, enhancement through the provision of landscaping, buffering or screening, appropriate setbacks for buildings and structures, devices and measures for reducing nuisances and, where necessary, by specific conditions which minimize adverse affects caused by outside storage, lighting, advertising signs, etc. 9.5.4 Any proposed extension or enlargement will be in an appropriate portion to the size of the non -conforming use established prior to the passing of the Zoning By-law. 9.5.5 Adequate provisions have or will be made for parking, loading and storage facilities. 9.5.6 Municipal services such as water, sanitary and storm sewers and roads can accommodate the proposed development. 9.6 Where a legal non -conforming use seriously affects the amenity of the surrounding area, the possibility of improving such conditions will be considered, especially when public health and welfare are directly affected. In such situations, Council may be requested to consider the feasibility of acquiring the property concerned and holding, selling, leasing or redeveloping it in accordance with the provisions of the Planning Act. Special attention will be given to the possibility of re-establishing the use in conformity with the policies of this Plan. 9.7 Where the Zoning By-law defines the use of lands in general terms, the Committee of Adjustment may permit the use of any land, building or structure that, in its opinion, conforms with the uses permitted in the by-law. PART 4 - ADMINISTRATION AND IMPLEMENTATION SECTION 10 - SITE PLAN CONTROL PREAMBLE In order to exercise proper control and assist in implementing the policies of this Plan, Council may establish site plan control areas in accordance with Section 41 of the Planning Act. The purpose of site plan control is to maintain City standards and ensure development occurs in a safe and aesthetically pleasing manner. POLICIES 10.1 All of the area of the City affected by this Plan shall be a site plan control area. The actual uses which will or which will not be subject to site plan control will be established by by-law of Council. It is intended that all classes of development, including but not limited to Residential, Commercial, Industrial, Institutional and Open Space, shall be subject to site plan control. However, the following developments may be exempted from the provisions of the site plan control by-law. 10.1.1 Anyone or two unit dwelling. 10.1.2 A portable classroom on an existing District School Board school site. 10.1.3 Any farm operation, with the exception of agri-tourism uses, commercial farm markets, permanent or mobile farm helphouses and greenhouses. 10.1.4 Any extractive industrial use. 10.1.5 Any building or structure accessory to the uses stated above. 10.2 A building permit shall be issued in respect of any development in the site plan control area only where the plans required have been approved by the municipality and the required agreements ensuring the provision of certain items and ensuring that development proceeds in accordance with the approved plans are executed and registered on title. Agreements may include, but not be limited to, the following items. 10.2.1 Access ramps, curbs and signage. 10.2.2 Parking, loading and driveway areas and their surface treatment. 10.2.3 Pedestrian walkways and ramps, including surface treatment lighting. 10.2.4 Walls, fences, landscaping and buffering. 10.2.5 Garbage storage facilities. 4-25 10.2.6 Easements for the construction and maintenance of public services and utilities. 10.2.7 Grading and site drainage. 10.2.8 Site servicing. 10.2.9 Road widenings. 10.2.10 Exterior design including, but not limited to, character, scale, appearance and design features of buildings and their sustainable designs. 10.2.11 Sustainable design elements on adjoining municipal roads such as, but not limited to, trees, shrubs, hedges, plantings, pavement, furniture, curb ramps, and bicycle parking facilities. 10.2.12 Facilities designed to have regard for accessibility for persons with disabilities. 10.2.13 Protection for natural heritage resources. 10.3 In instances where land will be dedicated for road widening purposes as a condition of site plan approval, the road widening policies to be implemented, as well as the roads and extent of roads to be widened, are to be in accordance with the policies of this Plan. The Region may, by amendment to the Niagara Regional Official Plan, identify widening requirements for Regional Roads. 10.4 The Regional Municipality of Niagara shall be circulated site plans where development is proposed along Regional Road allowances. im. PART 4 - ADMINISTRATION AND IMPLEMENTATION SECTION 11 -COMMUNITY IMPROVEMENT PREAMBLE The Community Improvement provisions of the Planning Act give Council a range of tools to proactively stimulate community improvement, rehabilitation and revitalization through the preparation and adoption of community improvement plans for designated community improvement project areas. It is the intent of Council to maintain and promote an attractive and safe living and working environment through community improvement. A community improvement project area may be the entire urban area of the City of Niagara Falls, or any part of the urban area. Once a community improvement plan has been adopted, Council may undertake a wide range of actions for the purpose of carrying out the community improvement plan. Provincial approval of a community improvement plan will be obtained to offer financial incentives to stimulate or leverage private and/or public sector investment. POLICIES 11.1 Council shall promote a living and working environment that is attractive, well maintained and safe through community improvement. 11.2 Community improvement will be accomplished through the: 11.2.1 ongoing maintenance, rehabilitation, redevelopment and upgrading of areas characterized by deficient/obsolete/deteriorated buildings, land use conflicts, deficient municipal hard services, social, community or recreational services, or economic instability; 11.2.2 establishment of programs to encourage private sector redevelopment and rehabilitation that addresses identified economic development, land development, environmental, housing, and/or social development issues/needs; 11.2.3 designation by by-law of Community Improvement Project Areas, the boundary of which may be the entire urban area of the City of Niagara Falls, or any part of the urban area of the City of Niagara Falls, as defined in this Plan and as amended from time to time; and 11.2.4 preparation, adoption and implementation of Community Improvement Plans, pursuant to the Planning Act. 11.3 The following criteria should be considered when designating a Community Improvement Project Area: HFA 11.3.1 buildings, building facades, and/or property, including buildings, structures and lands of heritage and/or architectural significance, in need of preservation, restoration, repair, rehabilitation, or redevelopment; 11.3.2 non -conforming, conflicting, or incompatible land uses or activities; 11.3.3 deficiencies in physical infrastructure including but not limited to the sanitary sewer system, storm sewer system, and/or watermain system, roads, parking facilities, sidewalks, curbs, streetscapes and/or street lighting; 11.3.4 poor road access and/or traffic circulation; 11.3.5 deficiencies in community and social services including but not limited to public open space, municipal parks, neighbourhood parks, indoor/outdoor recreational facilities, and public social facilities; 11.3.6 inadequate mix of housing types; 11.3.7 brownfield sites; 11.3.8 poor overall visual quality, including but not limited to, streetscapes and urban design; 11.3.9 high commercial or industrial vacancy rates and the general underutilization of buildings and land; 11.3.10 existing or potential business improvement areas; 11.3.11 vacant lots and underutilized properties and buildings which have potential for infill, redevelopment or expansion to better utilize the land base; 11.3.12 shortage of land to accommodate widening of existing rights-of-way, building expansion, parking and/or loading facilities; 11.3.13 other barriers to the repair, rehabilitation or redevelopment or underutilized land and/or buildings; and, 11.3.14 any other environmental, energy efficiency, social or community economic development reasons. 11.4 Priority for the designation of Community Improvement Project Areas and the preparation and adoption of Community Improvement Plans shall be given to those areas: 11.4.1 shown as General Areas for Community Improvement in Appendix V of this Plan; and/or ►. ; 11.4.2 where the greatest number of conditions as established in Section 11.3 are present; and/or 11.4.3 where one or more of the conditions as established in Section 11.3 is particularly acute; and/or 11.4.4 where one or more of the conditions as established in Section 11.3 exists across the urban area of the City. 11.5 Community Improvement Plans shall be prepared and adopted which: 11.5.1 encourage the renovation, repair, rehabilitation, remediation, redevelopment or other improvement of lands and/or buildings; 11.5.2 encourage the preservation, restoration, adaptive reuse and improvement of historical or architecturally significant buildings. 11.5.3 encourage residential and other types of infill and intensification; 11.5.4 encourage the construction of a range of housing types and the construction of affordable housing; 11.5.5 upgrade and improve municipal services and public utilities such as sanitary sewers, storm sewers, watermains, roads and sidewalks; 11.5.6 improve traffic circulation; 11.5.7 provide accessibility for persons with disabilities; 11.5.8 encourage off-street parking and provide municipal parking facilities where feasible and appropriate; 11.5.9 promote the ongoing viability and revitalization of the downtown and other general areas requiring community improvement; 11.5.10 support existing or potential business improvement areas; 11.5.11 improve environmental conditions or energy efficiency; 11.5.12 improve social conditions; 11.5.13 promote cultural development; 11.5.14 facilitate and promote community economic development; 11.5.15 improve community quality, safety and stability; and 11.5.16 improve energy efficiency. 11.6 In order to implement Community Improvement Plans within designated Community Improvement Project Areas, Council may undertake a range of actions, including: 11.6.1 the municipal acquisition of land and/or buildings within Community Improvement Project Areas, and the subsequent: 11.6.1.1 clearance, grading, or environmental remediation of these properties; 11.6.1.2 repair, rehabilitation, construction or improvement of these properties; 11.6.1.3 sale, lease, or other disposition of these properties to any person or governmental authority; 11.6.1.4 other preparation of land or buildings for community improvement. 11.6.2 provision of public funds such as grants, loans and other financial instruments; 11.6.3 application for financial assistance from senior level government programs or other applicable organizations; 11.6.4 participation in senior level government or other programs that provide assistance to private landowners for the purposes of community improvement; 11.6.5 provision of information on municipal initiatives, financial assistance programs, other government assistance programs, and other assistance programs; 11.6.6 support of heritage conservation through the Ontario Heritage Act and the Niagara Falls Municipal Heritage Committee; 11.7 All developments participating in programs and activities contained within Community Improvement Plans shall conform with the policies contained in this Plan, the Zoning By-law, Maintenance and Occupancy By-laws, and all other related municipal policies and by-laws. 11.8 Council shall be satisfied that its participation in community improvement activities will be within the financial capabilities of the City. PART 4 - ADMINISTRATION AND IMPLEMENTATION SECTION 12 - PROPERTY MAINTENANCE PREAMBLE In order to make provisions relating to property conditions in the City, Council may pass a by-law prescribing standards for the maintenance of property pursuant to Section 31(3) of the Planning Act. It is the aim of the City to maintain a reasonable standard of building and property maintenance for all properties in the City. POLICIES 12.1 Council shall attempt to maintain and improve the condition of all properties through the enforcement of Zoning, Building and Property Standards By-laws which will consider the following. 12.1.1 Set out property standards for the maintenance and occupancy of all property within the City. 12.1.2 Prohibit the use or occupancy of any property that does not conform to the standards. 12.1.3 Require property to be repaired and maintained to comply with certain standards. 12.1.4 Require lands cleared of buildings or structures to be left in a graded and levelled condition and free of debris or refuse. 12.2 Council shall endeavour to keep in a well-maintained condition, all municipal properties and structures and to provide or maintain in good repair, services that are under the jurisdiction of the City, such as roads, sidewalks, water and sewage facilities and other public works. 4-31 PART 4 - ADMINISTRATION AND IMPLEMENTATION SECTION 13 - FINANCIAL CONSIDERATIONS PREAMBLE Sound financial practices shall be adopted to secure a healthy long-term financial position for the municipality. This will be achieved through capital budget planning and the strategic use of revenue resources. This Plan recognizes that there may be development proposals which should be analysed, based on their effect on municipal finances. POLICIES 13.1 Council shall prepare and adopt a five year Capital Budget identifying all approved capital facilities to be undertaken during the succeeding five years. The budget will include a list of individual capital facilities, a statement concerning the need for each facility, estimated cost and timing of the facilities, method of financing the facilities and the impact of financing and operating the capital facilities on taxes. 13.2 The implementation of this Plan shall be such that the Municipal tax base will be protected and sufficient funds will be available to maintain and enhance the levels of public works. Asa result, further developments maybe analysed for their financial impact. Where such an analysis demonstrates that the development will have an adverse effect on the City's financial situation, then the development will be considered to be contrary to the intent of this Plan. 13.3 It is a principle of this Plan that the cost of servicing new development or redevelopment shall be borne by that development or redevelopment. To finance the net capital costs of satisfying the service demands and burdens resulting from growth, Council may impose a development charge underthe Development Charges Act and regulations with respect to new growth through development and redevelopment of land. In addition, the City of Niagara Falls may utilize the financing arrangements permitted under the front end payments provisions of the Development Charges Act and regulations. 4-32 PART 4 SECTION 14 - GENERAL IMPLEMENTATION POLICIES PREAMBLE Pre -consultation provides an opportunity for an applicant to ascertain what is required to be submitted for a complete application under the Planning Act, any Provincial Plans, the Regional Niagara Policy Plan and this Plan. It will provide the opportunity to discuss the nature of the application, development and planning issues, the need for additional information and the planning process. Pre -consultation may also involve the Niagara Region, the Niagara Peninsula Conservation Authority or other agencies that may have an interest in the application as determined by the City. Complete applications are those that contain all reports, studies and information required by the Planning Act, any Provincial Plans, the Regional Niagara Policy Plan and this Plan. A complete application allows Council, the public, municipal staff and commenting agencies to review all relevant information early in the process resulting in fewer processing delays and provides Staff and Council with the required information to make solid recommendations and decisions. 14.1 Pre -consultation between the applicant and the City is required prior to the submission of an application for an official plan amendment, zoning by-law amendment, draft plan of subdivision, draft plan of condominium, consent or site plan control unless the Director of Planning determines that pre -consultation is not necessary based on the scale of development or the complexity of planning issues associated with the proposed application. Pre -consultation will determine what is required to be submitted for a complete application and will provide the opportunity to discuss the nature of the application; development and planning issues; the need for additional information and/or reports to be submitted with the application; and the planning and approval process including the appropriateness of concurrent applications, where applicable. Pre -consultation may also involve the Region, Niagara Peninsula Conservation or other agencies that may have an interest in the application as determined by the City. A by-law shall be approved by Council requiring pre -consultation. Pre -consultation shall be considered a requirement for the submission of a complete application. 14.2 In order to ensure that all possible information is available to the City, the public and agencies involved in reviewing an application under the Planning Act, the prescribed information required under the Planning Act shall be provided along with additional information and/or reports that may be required, as determined through pre - consultation, such as, but not limited to, the following: 14.2.1 A planning justification report describing the appropriateness of the site for a proposed use and compatibility of the proposed development with surrounding land uses and consistency with the Planning Act and its Policy Statements and conformity with any Provincial Plans, the Regional Niagara Policy Plan and this Plan. 4-33 14.2.2 A needs study for residential proposals for development within a local and Regional context. 14.2.3 A servicing study addressing the availability of adequate municipal services and facilities for the proposed use and its impact on existing municipal services and facilities or a private sewage disposal or water servicing plan addressing the impact on the quality and/or quantity of surface or ground water. 14.2.4 An environmental impact study for proposals located on or adjacent to: lands containing natural heritage features; and lands within 120m of a Provincially Significant Wetland or a Wetland regulated by the NPCA which is greater than 2ha, 50m of a Sigificant Habitat of a Threatened or Endangered Species, a Provincially Significant Life Science ANSI or any lands designated as Environmental Conservation Area within the Plan; or 30 m of a fish habitat, flood/erosion hazard, or a Wetland regulated by the NPCA and less than 2ha in size. 14.2.5 A slope stability or geotechnical study for proposals within or adjacent to valleylands, steep slopes or hazard lands. 14.2.6 A traffic impact study where the development proposal may affect traffic patterns, safety or the intensity of traffic or revisions to a roadway or entrance. 14.2.7 A parking demand analysis to examine parking needs and their impact on-site or off-site and on adjacent lands. 14.2.8 A microclimatic assessment that addresses sun shadowing, pedestrian - scale wind impacts, snow and ice hazards of a development on the subject lands as well as surrounding properties and roads. 14.2.9 An agricultural impact assessment for non-agricultural uses proposed outside of the Urban Area Boundary to evaluate the capability of the site for agricultural use including soil, micro -climate and drainage conditions, the pattern of agricultural or non-agricultural activities, and any potential impacts on surrounding agricultural activities. 14.2.10 A tree inventory and tree preservation plan, where an individual significant tree or any group of trees, including a woodland as defined by the Region's Tree and Forest Conservation By-law, may be impacted by a proposed development. 14.2.11 The impact of the proposed development on the quality and quantity of ground and surface water and the watershed and, if required, the Un identification of methods of protection, including a stormwater management plan. 14.2.12 A noise and vibration study and an air quality study to address impacts of roads, rail lines, air traffic etc. on development proposals involving residential uses and other similar sensitive uses. 14.2.13 A heritage impact study where development is proposed on or adjacent to lands, structures or buildings listed on the City's Register of Heritage Properties. 14.2.14 A park and trail needs assessment that demonstrates how the proposed development integrates or conforms with the City's Bike and Trails Master Plan or any other plan that the City may pass from time to time. 14.2.15 An archeological study if the lands are within an area of archeological potential. 14.2.16 A financial impact study addressing the financial implications of the proposal on the City, neighbouring lands or the general market in the City. 14.2.17 The location, size and type of livestock operation proposed or within the vicinity of a new lot or land use outside of the urban area boundary in accordance with the information required for calculation of a Minimum Distance Separation. 14.2.18 An Environmental Site Assessment (Phase 1, 2 or 3) where there is the potential of contamination of land due to previous uses that will assess existing conditions and address the need for further environmental testing or remediation in accordance with Provincial regulations and guidelines. However, where the development or redevelopment proposal is subject to an environmental assessment or related assessment or study pursuant to the Environmental Assessment Act, the Environmental Protection Act, or other pertinent legislation, additional studies may not be required. 14.3 Information and/or reports shall be prepared by a qualified professional and submitted in an electronic format along with a hard copy to the City to make this information readily available to the public and commenting agencies including the Region and Niagara Peninsula Conservation Authority. Where the City, Region, or Niagara Peninsula Conservation Authority has requested additional information and/or reports, there may be a request for a peer review of any information and/or report. The applicant shall be responsible for all costs for a peer review which shall be payable upon submission of an invoice from the City, Region, Niagara Peninsula Conservation Authority, or Niagara Escarpment Commission. 4-35 14.4 The Director of Planning or their designate shall be responsible for determining whether a planning application is complete. If an application is submitted without pre -consultation, adequate supporting information and/or reports, and any application review fees required by the local municipality, the Region, Niagara Peninsula Conservation Authority or any other public agency, the application may be deemed to be incomplete. PART 5 SECONDARY PLANS 5-1 PART 5 - SECONDARY PLANS SECTION 1 - GARNER SOUTH PREAMBLE The purpose of the Garner South Secondary Plan is to provide a detailed land use plan for the development of the lands within the Garner South Secondary Plan Area. The Secondary Plan applies to the lands shown on Schedule A-3 to the Official Plan. The Garner South Secondary Plan Area does not include the Heartland Forest lands or the Cytec lands. The Garner South Secondary Plan Area encompasses approximately 225 hectares of developable Greenfield land. Two small portions of the Secondary Plan Area in the northeastern quadrant are within the Built-up Area. A substantial amount of the Secondary Plan Area is natural heritage including Provincially Significant Wetlands, Warren Creek and associated wetlands and significant woodlands. It is intended that the Secondary Plan Area develop as a complete community providing a mix of housing, employment, commercial services and community facilities that serve the residents as well as an integrated open space system. The provision of housing in various forms will assist in meeting the various financial resources of households. Development is to occur in a manner that protects the natural heritage features and utilizes them to enhance the overall design and character of the community. At build -out the Secondary Plan Area is designed to accommodate, approximately: 6,900 people 2,700 dwelling units 2,000 jobs These figures are based on a greenfield target density of 53 people and jobs per hectare as established by the Regional Policy Plan. The following general principles and objectives are the basis from which the policies are derived. As such, development applications are to be consistent with the policies as well as the general principles and objectives. Principles and Objectives The following principles and objectives are to be achieved in the Garner South Secondary Plan Area. Principle - Foster a Sense of Place Development is to create a community feel and identity through a strong pedestrian realm and integration of the re -channeled Warren Creek as a naturalized open space. 5-2 Objectives • to create an urban form together with an interconnected street system that is transit -supportive, comfortable and engaging for the pedestrian as well as effectively transporting people and vehicles; • to create a community with a system of paths and walkways that allows for convenient walking and cycling; • to integrate the re -channeled Warren Creek into the design of open space and residential areas; and • to include natural heritage features in the community design as aesthetic amenities and provide for vistas and viewsheds in order to assist in the creation of a sense of place. 2. Principle - To Create a Diverse Residential Community The Secondary Plan Area is to provide housing over a 10- to 15 -year term and shall be developed with a mix of housing types that allows for a range of affordability levels. Objectives • to ensure that a variety of housing types are integrated into the Secondary Plan Area; • to ensure a compatible arrangement of housing types so as to avoid land use conflicts; • to provide a range of affordability, consistent with targets established by Regional Niagara; and • to provide for schools, neighbourhood commercial uses, retirement residences and other community facilities. 3. Principle - Protect Natural Heritage Features The Secondary Plan Area has a large number of wetlands, woodlands as well as two creek systems. These natural heritage areas are to be protected and, if possible, enhanced. Objectives • to ensure that development does not negatively impact on natural heritage features by providing appropriate separation distances and buffers; • to contain storm water through a system of storm water management ponds that are integrated with Warren Creek and Thompson Creek; 5-3 • to maintain the hydrology of wetlands at a quantity and quality that will ensure the long term preservation of the wetland; and • to preserve woodlands to the greatest extent possible and to integrate the built environment with them. 4. Principle - Development of an Integrated Trails and Open Space System Recreational trails and open space increase the quality of life for residents. When integrated into a design that functions with the built and natural environments, a trail and open space system provides an amenity for the community. Objectives • to utilize Warren Creek and hydro transmission corridor as key lineal open space elements that link to community; • to integrate schools and parkland with Warren Creek and the hydro transmission corridor; • to provide public open space close to medium and high density developments; and • to integrate open space with the natural heritage features. 5. Principle - Create Employment Opportunities The creation of employment opportunities within the Secondary Plan Area is essential to the development of a complete community. Objectives • to retain lands along the QEW in the eastern part of the Plan Area being the lands west of Montrose Road; and also to retain lands within a 2km radius of the Cytec phosphine plant for employment designations together with a Neighbourhood Commercial designation located at the north eastern part of the radius as shown on Schedule A-3; • to achieve an overall density of 30 jobs per hectare on employment lands; • to provide for live/work land uses within the eastern part of the Plan Area; • to allow for a variety of employment uses throughout the community in order to provide opportunities for employment close to home; • to achieve high quality urban design on employment lands; and 5-4 to provide connectivity between employment and residential areas supporting alternative modes of transportation (such as pedestrian, cycling or public transit) POLICIES General 1.1 The basic pattern of future land use is illustrated on Schedule A-3 and the Concept Plan (Appendix VII -A) to the Official Plan. The Concept Plan provides a physical framework that implements the general principles and objectives. Development is to be consistent with the land use pattern and collector road system. The location of local roads, however, will be determined through individual plans of subdivision. The general phasing concept for the Secondary Plan Area is shown on the Phasing Concept Plan, Appendix VII -B. The Concept Plan (Appendix VII -A) and the Phasing Concept Plan (Appendix VII -B) do not constitute part of the Secondary Plan and are included as appendices as supporting documents. 1.2 The following land use policies and designations are established for the Secondary Plan Area only and are shown on Schedule A-3. Any changes in land use designation from that shown on Schedule A-3 shall require an amendment to this Plan, save and except for revisions to the boundaries of the limits of the EPA and ECA designations as set out in policy 2.9.2.3. • Residential, low density; • Residential, medium density; • Residential, high density; • Neighbourhood Commercial; • Mixed Use; • Employment; • Open Space; • Environmental Protection and Environmental Conservation Areas. 1.3 The overall greenfield density target for the Secondary Plan Area shall be 53 people and jobs per hectare. The calculation of greenfield density is provided in Appendix VII -C as supporting data. The density is calculated on the Gross Developable Land Area over all of the lands outside the Built Area Boundary. Gross Developable Land Area is the total Greenfield Area less the area of protected natural heritage features. Protected natural heritage features are those that are designated Environmental Protection Area or Environmental Conservation Area as well as buffers adjacent to Provincially Significant wetlands to a depth of 30 metres. Lands within the Secondary Plan Area and within the Built-up Area are not to be used in any greenfield density calculation. Densities will be monitored by the City to ensure that the target density is achieved, across the Secondary Plan Area. 5-5 1.4 Notices regarding the proximity of heavy industrial land uses to residential dwellings and the inherent possibility of noise, odour and air emissions will be included in subdivision agreement(s), condominium agreements, site plan agreement(s) and purchase and sale agreements. In addition for any development of retirement residences and senior citizens residences on the lands located north and east of Warren Creek and south of the hydro corridor and north of Brown Road a provision requiring the approval of an emergency plan and evacuation protocol to the satisfaction of the City shall be required as part of any development approvals granted. 1.5 Home occupations shall be permitted in accordance with the regulations contained within the Zoning By-law. 1.6 Lands may be developed at densities lower than the minimum prescribed in this Secondary Plan without amendment to this Secondary Plan. Such proposals shall be accompanied by an analysis, based on approved land use, that demonstrates that the overall target density for the Secondary Plan will not be jeopardized. 1.7 Second dwelling units are a rental housing alternative that can meet the financial resources and obligations of the City's residents as well as its changing demographics. Accordingly, second dwelling units may be permitted within single detached, semi-detached and townhouse dwellings or an associated accessory building and will be implemented through appropriate standards in the Zoning By-law. All second dwelling units satisfy any other applicable regulations such as the Ontario Building Code. 1.7.1 Zoning regulations related to second units in residential zones shall provide for the following: • only one dwelling and a second unit shall be permitted on one lot; • the lot size and configuration are sufficient to accommodate adequate parking, green space and amenity areas for both units; • the following areas are restricted to one dwelling unit per dwelling, being the lands subject to a maximum building height of 2 or 2 '/2 storeys under Figure 6, owing to land use compatibility restrictions with employment lands located to the south west, and the lands being developed with adult lifestyle dwellings; • second units requiring building additions or substantial alterations to the principal dwelling should be designed to maintain the overall character of the principal dwelling; and • the establishment of a second dwelling unit is deemed to comply with the density requirements of this Plan. 1.8 The target maximum densities set forth in this Secondary Plan are based on ideal site conditions. Accordingly, if such conditions are not present, maximum densities may not be achievable. 5-6 1.9 The provision of employment lands is a critical element of this Secondary Plan. Employment lands are an integral part of creating a complete community and will assist in diversifying the City=s employment base overall. Moreover, the location of the employment lands adjacent, and/or with ready access to, the QEW, will also assist in the realization of the Gateway Economic Zone as envisioned by the Growth Plan for the Greater Golden Horseshoe. As such, the conversion of employment lands to non -employment uses is prohibited. 1.10 Any application to amend these Official Plan Policies or related implementing Zoning By-law(s) and any other Planning Act application(s) including minor variance or consent application(s) within the Garner South Secondary Plan Area shall be subject to the public notification requirements of the Planning Act and shall include circulation of notice(s) to the registered owners of the heavy industrial lands south of Brown Road and west of Garner Road and north of Chippawa Creek Road within the municipal boundaries, which lands are as the date of adoption of this Official Plan Amendment owned by Cytec Canada Inc. 2. Land Use 2.1 Residential, Low Density Lands designated Residential, Low Density predominate the Secondary Plan Area as low density housing is the primary housing form in the City. Lands under this designation are to be developed to include a variety of housing forms. 2.1.1 Residential, Low Density areas shall accommodate a mix of low density housing types within each plan of subdivision. These housing types include single detached dwellings, semi-detached dwellings. 2.1.2 Development in Residential, Low Density areas shall proceed by way of plan of subdivision or condominium. 2.1.3 In order to meet the greenfield density target, subdivisions within the Residential, Low Density area shall have a density of not less than 16 units per gross developable hectare with a maximum density of 30 units per hectare. 2.1.4 Building heights shall not exceed 3 storeys, except on lands within the area shown on Figure 6 where building heights shall not exceed 2 or 2 1/2 storeys which locations are as detailed on Figure 6. 2.1.5 Reverse lot frontage shall be avoided wherever possible. In addition, garage doors should not dominate the streetscape. 5-7 2.2 Residential, Medium Density Lands designated Residential, Medium Density are integrated throughout the Secondary Plan Area, as shown on Schedule A-3 and the Concept Plan, so as to allow for a mix of housing types in the Secondary Plan Area. These lands are generally in proximity to the Open Space System in order to provide residents easy access to this public amenity space and commercial areas. 2.2.1 Residential, Medium Density areas shall provide for on -street and block townhouses, including stacked townhouses, and apartment buildings. 2.2.2 Retirement homes and senior citizens residences (as those terms are defined in the City's Zoning By-law as of the date of approval of this Official Plan Amendment), are permitted on lands located north and east of Warren Creek and south of the hydro corridor and north of Brown Road. The development of these lands for institutional type uses requiring additional care facilities such as a hospital, homes for the aged or nursing homes is not permitted. 2.2.3 In order to meet the greenfield density target, Residential, Medium Density areas shall be developed at a minimum density of 50 units per net hectare to a maximum of 75 units per net hectare. 2.2.3.1 Lands may be developed at densities lower than 50 units per hectare without amendment to this Plan if it is demonstrated that the proposed density will not jeopardize the achievement of the greenfield density target. 2.2.3.2 Brownfield sites may be developed at densities higher than 75 units per hectare, without amendment to this Plan, but should be of a scale and massing that is generally consistent with the Residential, Medium Density designation. 2.2.3.3 Retirement homes and seniors citizens residences may only develop to a maximum density of 80 units per hectare. 2.2.4 Building heights shall not exceed 4 storeys, except as follows: 2.2.4.1 On lands within the area shown on Figure 6, building heights shall not exceed 2, 2 '/2 or 3 storeys in the locations as detailed on Figure 6. 2.2.4.2 Building heights for retirement residences and senior citizens residences located north and east of Warren Creek and south of the hydro corridor and north of Brown Road not exceed the building heights of 2 and 3 storeys as shown on Figure 6. 2.2.5 Buildings are encouraged to be designed with a street frontage that is pedestrian -oriented. To achieve this, buildings should be located close to the street. Exterior pedestrian access to individual dwelling units encouraged. Parking areas should be located within rear yards or interior side yards. Landscape buffers along any property line shall be of sufficient depth and intensity so as to provide appropriate levels of screening. 2.2.6 Block townhouses shall be designed so as to integrate with the streetscape by facing the street. More specifically, reverse lot frontage is discouraged. 2.2.7 Vehicular access, where possible, shall be located on a collector road. 2.2.8 Neighbourhood commercial uses consistent with section 2.5 may be established as part of a mixed residential/commercial development on the lands located on the west side of Kalar Road, immediately south and adjacent to the hydro corridor, as shown on Schedule A-3 and the Concept Plan, Appendix VII -A. 2.2.9 The Zoning By-law shall regulate the siting of buildings in the following manner: 2.2.9.1 Any senior citizens residence shall be located as far east as possible on lands on the north side of Brown Road and east of Kalar Road. 2.3 Residential, High Density Lands designated Residential, High Density are located primarily on the east side of Kalar Road as shown on Schedule A-3 and the Concept Plan. 2.3.1 Residential, high density areas shall provide for apartment buildings. 2.3.2 Retirement and long term care facilities are also permitted. 2.3.3 In orderto meet the greenfield density target, Residential, high density areas shall be developed at a minimum density of 75 units per net hectare to a maximum of 125 units per net hectare. Despite Policy 2.3.1, lower density housing types may be permitted on a site specific basis: 5-9 riaure b: Area Or Kestrictea tsuiiaina Meiant U-)= l 1 U Ua a3ls3Hav a ce D �OOM)Ivo KALAR RD KALAR RD Lu Lu 3 GARNER RD m GARNER RD y t ' of a d v C Q Y C N "O ' .O a Z CO 9 L "0O ' E T T w Q f0 f0 7 O C Q Ln O Q E N O v 'K u N U c ' O Ul O N L N f9 RD U 0 BEECHWOOD 0. MF81 (a) within a development to provide for a mix of housing if the overall density for the development meets the minimum for this designation; or (b) where justified by market conditions and the overall density target for the Plan Area is not jeopardized. 2.3.4 Unless otherwise stated, building heights shall not exceed 8 storeys for apartment buildings and 2 storeys for long term care facilities in the Secondary Plan Area. Despite this, in order to capitalize on this area's proximity to the Niagara Square Retail District, lands east of Kalar Road are intended to develop as a high-rise node. As such, densities may exceed 125 units per net hectare and building heights up to 12 storeys may be considered without amendment to this Plan. 2.3.5 In addition to the policies of PART 4, Section 4.5 of this Plan, increases in height and density may be considered in exchange for additional amenity space or parkland, or the provision of on-site or off-site sustainable design elements without amendment to this Secondary Plan. 2.3.6 Buildings shall be designed facing the street in order to be pedestrian -oriented. Apartment dwellings should be located such that front and exterior side yards are generously landscaped to complement the streetscape or with podiums set close to the street. Lower density housing forms may be utilized along street frontages in combination with higher density apartment dwellings located internally. 2.3.7 Parking areas should be located within rear yards or interior side yards. Landscape buffers along all property line shall be of sufficient depth and intensity so as to provide appropriate levels of screening. Where a rear or exterior lot line or the rear or side building facade abuts a public road, enhanced landscaping and building treatments should be employed to ensure that building facades and servicing areas are attractive and/or appropriately screened from view. 2.3.8 Although lands designated as Residential, High Density are shown on Schedule A-3, applications to amend this Secondary Plan to permit high density housing on lands not so designated shall be considered, provided such lands front on McLeod Road, or provided such lands are located adjacent to or in proximity to the Niagara Square Retail District, and provided such lands are not in proximity to employment lands based on the following, in addition to the policies of this section noted above: 2.3.8.1 Lands should have frontage on an arterial road. 2.3.8.2 Lands should be close to: 5-11 • public open space or parkland; or • commercial services. 2.3.8.3 Lands are to be of sufficient area and frontage to provide appropriate setbacks and landscaping. 2.4 Institutional 2.4.1 Although not shown on Schedule A-3, lands under any of the Residential designations may be used for institutional uses, subject to the following policies: 2.4.1.1 Schools (i) Two elementary school sites are to be provided in the Secondary Plan Area. Elementary schools provide a focus to the community and their locations contribute to its walkability. While school sites are illustrated conceptually on the Concept Plan, their ultimate location is to be guided by the following policies: (a) Each school site should be centrally located such that the majority of students are within an 800 metre radius. (b) Each school site shall have an area of between 2 to 3 hectares and be located with at least one frontage on a collector road. (c) School sites should also be integrated with the trails and open space system. (d) School sites shall be required to locate outside and away from the 2 km Cytec Arc, and school sites shall not be located within the lands east of Garner Road, and south of the Hydro Corridor and west of Kalar Road. 2.4.1.2 Places of Worship (i) Places of worship are to be located and designed in accordance with the following: (a) Places of worship shall not be located on a local road. (b) Parking areas should be located within rear yards or interior side yards. Landscape buffers along any property line shall be of sufficient depth and intensity so 5-12 as to provide appropriate levels of screening. (c) Buildings should be located close to the street to provide a street presence. (d) Places of Worship shall be required to locate outside and away from the 2 km Cytec Arc. (ii) Places of worship may be integrated with Residential, Medium Density and Residential, High Density designations as part of an overall development that is primarily residential. 2.4.1.3 Community Centres (i) Community centres shall be permitted on lands designated Medium Density and High Density in accordance with the following policies: (a) Community centres may be permitted as either stand alone buildings or integrated within a mixed use building. (b) Community centres are to be located on arterial roads. (c) Parking areas should be located within rear yards or interior side yards. Landscape buffers along any property line shall be of sufficient depth and intensity so as to provide appropriate levels of screening. (d) Buildings should be located close to the street to provide a street presence. (e) Community centres shall be required to locate outside and away from the 2 km Cytec Arc. 2.5 Neighbourhood Commercial Lands designated Neighbourhood Commercial are shown on Schedule A-3, located on the east side of Garner Road, north of the Hydro Corridor. In addition, the lands designated medium density lands located on the west side of Kalar Road, immediately south and adjacent to the hydro corridor, as shown on Schedule A-3 and the Concept Plan, Appendix VI I -A, may establish neighbourhood commercial uses as part of a mixed residential/commercial development. No residential building or residential unit may be sited with the 2 km Cytec Arc as shown on Schedule A-3. 2.5.1 Recognizing the proximity of the Secondary Plan Area to the Niagara Square Retail District, and that development in the Plan Area should 5-13 serve to strengthen the Retail District, commercial facilities within the Secondary Plan Area shall be limited to those that serve the day-to-day needs of residents. 2.5.2 The maximum retail gross floor area in the Secondary Plan Area shall not exceed 2,000 square metres. Any requests that will result in an increase beyond 2,000 square metres will require an amendment to this Plan and will be accompanied by an analysis that demonstrates: • that there is a sufficient population base within the Secondary Plan Area that will support the proposed floor area; and • that the establishment of the retail will not jeopardize the planned function of the Niagara Square Retail District. 2.5.3 The maximum gross floor area for any retail use shall not exceed 300 square metres. 2.5.4 The uses permitted within the Neighbourhood Commercial designation may include convenience stores, day nurseries, personal services and small scale restaurants, offices, clinics and financial institutions. 2.5.5 Notwithstanding the list of permitted Neighbourhood Commercial uses in policy 2.5.4, the following land uses are specifically prohibited: • automotive -related uses; • day nurseries or medical clinics within the 2.0 km Cytec Arc as shown on Schedule A-3 or on any part of the Neighbourhood Commercial designation that is part of that radius; and • any retail stores or commercial use that requires the outdoor storage of goods. 2.5.6 Building heights shall not exceed 3 storeys, except as prescribed by Figure 6. 2.5.7 Dwelling units are only permitted as part of mixed use buildings on the lands described in section 2.5, above. Within mixed use buildings, dwelling units may be established to a maximum of 75% of the total gross floor area and should be located above the ground floor. 2.5.8 Shared parking arrangements within mixed use buildings may be permitted on a site specific basis, subject to a Parking Demand Analysis being submitted, as part of an application to amend the Zoning By-law, to the satisfaction of the Director of Transportation Services. 2.5.9 Parking areas should be located within rear yards or interior side yards. Landscape buffers along any property line shall be of sufficient depth and intensity so as to provide appropriate levels of screening. 5-14 2.6 Mixed Use The lands designated Mixed Use, as shown on Schedule A-3, are generally located within the southeast quadrant of Kalar Road and McLeod Road. 2.6.1 The intent of the Mixed Use lands is to provide opportunities for commercial and service commercial uses that benefit from arterial road frontage, recognize the uses that currently exist and to provide a transition to the residential lands by permitting further commercial as well as residential uses. 2.6.2 Buildings may be developed as stand alone commercial or residential uses or in combination. However, it is the intention of this Plan that the lands located on the southwest corner of Kalar Road and McLeod Road be developed as a mixed commercial/residential use. 2.6.3 Building heights shall not exceed 6 storeys. 2.6.4 Commercial uses may be developed in the following manner: 2.6.4.1 Retail, offices, day nurseries, clinics and personal and service commercial uses that benefit from arterial road frontage shall be permitted. 2.6.4.2 Parking areas located along Kalar Road should be limited to a single row and drive aisle and should be separated from Kalar Road by a landscape buffer of sufficient depth and intensity such that the parking area is appropriately screened from Kalar Road. 2.6.5 Residential uses may be developed in the following manner: 2.6.5.1 Densities for stand-alone residential buildings shall not be less than 50 units per net hectare to a maximum of 75 units per net hectare. 2.6.5.2 Parking areas should be located in the rear or interior side yards. Where a rear or exterior lot line or the rear or side building facade abuts a public road, enhanced landscaping and building treatments should be employed to ensure that building facades and servicing areas are attractive and/or appropriately screened from view. 2.6.5.3 Residential uses should occupy floors above the ground floor in mixed use buildings. 2.6.5.4 Shared parking arrangements within mixed use buildings may be permitted on a site specific basis, subject to a 5-15 Parking Demand Analysis being submitted, as part of an application to amend the Zoning By-law, to the satisfaction of the Director of Transportation Services. 2.6.5.5 Amenity areas should be located adjacent to natural heritage features in order to assist in mitigation of the development and to integrate built and natural environments. 2.7 Employment The lands designated Employment are shown on Schedule A3 and are considered as two distinct precincts. 2.7.1 It is the objective of this Plan to attain an employment density of 30 jobs per hectare, and as such, this density shall be applied to Employment lands when calculating overall densities across the Secondary Plan Area. Densities will be monitored by the City as Employment lands develop. 2.7.2 The principal uses permitted within the Employment designation may include: (a) on the lands on the west side of Montrose Road: • offices, medical clinics; • government services, research and, training facilities; • facilities for the research, development and production of alternate energy sources; • opportunities for live/work environment and form, subject to policy 2.7.7; • prestige industrial uses, including laboratories, research and development facilities, communications/ telecommunications facilities, and manufacturing and processing of semi -processed or fully processed materials deemed not to be obnoxious by reason of dust, odour, fumes, particulate matter, noise and/or excessive vibrations; • commercial services such as, but not limited to, banks and restaurants, which may only develop once the majority of the land area designated Employment has been developed with the uses noted above; • ancillary retail and service uses to the above, which may be up to 25% of the gross floor area of the principal use but shall not exceed 450 square metres in gross floor area and only where internally integrated as a component of an employment use; and • medical clinics are limited to 3 storeys in height. 5-16 (b) on lands within the southwest quadrant of the Plan Area: prestige industrial uses, including laboratories, research and development facilities, communications/ telecommunications facilities, and manufacturing and processing of semi -processed or fully processed materials deemed not to be obnoxious by reason of dust, odour, fumes, particulate matter, noise and/or excessive vibrations; and ancillary retail and service uses, which may be up to 25% of the gross floor area of the principal use but shall not exceed 450 square metres in gross floor area and only where internally integrated as a component of an employment use. 2.7.3 Notwithstanding the list of permitted employment uses in policy 2.7.2, the following land uses are specifically prohibited: • assembly of persons and accommodation uses within the 2.0 km Cytec Arc as shown on Schedule A-3; • the outdoor display or storage of goods in front or exterior side yards; • nightclubs or banquet halls; • places of entertainment; • adult entertainment parlour; • body rub parlour; and • taxi establishments. 2.7.4 The number of access points from individual lots to public roads shall be minimized. Shared access and internal connections between multiple lots is encouraged. 2.7.5 Employment lands shall be developed in accordance with the following design criteria: • loading and servicing areas should be located in the rear yard of the lot and be screened from view through built form and landscaping; • buildings shall front onto, and have a consistent front yard setback; • buildings should be sited and massed consistently; • front and exterior side yards should have a minimum landscaped area of 6 metres, except along Montrose Road which should be 12 metres in width; and • shall have a maximum building height of 3 storeys within a 2.0 km radius of the Cytec phosphine plant. 2.7.6 The City shall participate in discussions with telecommunications providers regarding the feasibility of servicing employment areas with leading edge telecommunications services, including broadband 5-17 technology, to attract knowledge-based industries and support economic development, technological advancement and growth of existing businesses. 2.7.7 Provision of live/work units within the eastern precinct represents an opportunity to supply a unique lifestyle choice to a segment of society that desire to offer goods and/or services to the marketplace from a small scale production and/or office unit space combined with their principle residence. Live/work differs from a general Mixed Use designation through the type of use that may be anticipated or conducted on the premise. The supply of live/work units would be limited to the lands identified on Figure 7 and subject to the following: 2.7.7.1 Live/work units are intended to serve as a transitional land use between Employment and Residential or Environmental land use designations and as an alternative to traditional employment areas. Identification of the live/work location on the Concept Plan is intended to provide guidance for the adjacent prestige industrial uses fronting onto Montrose Road and to plan for design mitigation measures. Live/work units shall only be permitted through an amendment to the Zoning By-law and subject to the following policies: (a) At least 50% of the land area of the adjacent Employment lands shall be developed prior to the establishment of any live/work use. (b) Establishment of live/work uses shall not negatively impact the future development of industrial uses in the Employments lands through impositions of Distance Separation Criteria. (c) Proponents of live/work uses shall demonstrate that established industrial uses within the Employment designation will not negatively impact residential occupancy through application of Ministry of Environment Distance Separation Criteria. (d) Live/work built form should be restricted to three storey structures with business operations restricted to the ground floor. (e) Each live/work unit should be self-contained. 5-18 i-mure /: LocationOT Live / worK I ti■ti■ ■r■r■ ■ti■ti■ti ■r■r■r■ ti:ti ti:ti: ■r■r■r■r ti f'Lr'L�tir iriririr ■r■r■r■r iriririr ■ti.ti■ti■ r■r■r■ ■ti■ti■ti .r.r. ti■ti■ ■r�r Approximate Built Boundary Plan Boundary Proposed Land Use LEmployment r--j Residential Medium Density Mixed Use Environmental Protection Area ■ 5-19 (f) Adequate outdoor amenity space should be provided for residential units. (g) Adequate parking is to be provided for both employment and residential uses. 2.7.7.2 The zoning by-law shall detail the uses permitted and regulations. Although a broad range of uses may be permitted, it is anticipated that uses will involve light manufacturing or minor production of goods, such as cabinet making, graphics printing and publishing, clothing customizing and industrial sewing. Uses are not to utilize or emit noxious substances. 2.7.7.3 Employment uses adjacent to live/work uses shall provide generously planted landscaped areas along adjacent property lines and utilize other design measures to buffer these uses from the live/work uses. 2.8 Open Space System 2.8.1 The Trails and Open Space System, comprised of trails, parkland and the rechanneled Warren Creek, is illustrated on the Concept Plan (Appendix VII -A). Parkland is shown on Schedule A3, designated Open Space. Lands underthis designation shall include parkland and trails. The locations are conceptual in nature and may be revised during the approval of individual draft plans of subdivision. 2.8.2 Neighbourhood parks should be a minimum of 2 hectares in size and may be for either active or passive recreation. 2.8.3 Individual plans of subdivision or condominium that provide a dedication of land shall design the park such that it has connections, or can be readily connected to, other components of the trails and open space system. 2.8.4 Site specific storm water management facilities and natural heritage features shall not be accepted as parkland dedication. 2.8.5 Trails shall be obtained in accordance with the Planning Act, pursuant to section 51 (25) (b), over and above lands dedicated for parkland. In addition, trails shall be constructed by the developer during the initial construction phase of a plan of subdivision or condominium or site plan, in accordance with the applicable City standards for trail construction. 2.8.6 The trail system is to provide both a recreational and utilitarian function. Accordingly, connections will be made to the road network 5-20 as well as to the employment areas, neighbourhood commercial uses and mixed use areas. 2.8.7 Trails and bikeways should connect into the Regional Bicycle Network System. This System, part of the Regional Bikeways Master Plan, includes the following arterial roads in the Secondary Plan Area: • Brown Road; • Chippawa Creek Road; • McLeod Road; and • Montrose Road. 2.8.8 An Environmental Impact Study shall be prepared when requested to the satisfaction of the City, Niagara Region and the Niagara Peninsula Conservation Authority for any trail system that is planned to be extended into or adjacent to an area designated Environmental Protection Area or Environmental Conservation Area. 2.9 Environmental Protection (EPA) and Environmental Conservation (ECA) Areas 2.9.1 General Natural Heritage System Policies 2.9.1.1 The City supports an ecosystem approach to the identification, protection and enhancement of our natural heritage resources that addresses: (a) the interrelationships between air, land, water, plant and animal life, and human activities; (b) the health and integrity of the overall landscape; and (c) the long term and cumulative impacts on the ecosystem. 2.9.1.2 The City shall encourage and support the efforts of the Ministry of Natural Resources, the Niagara Peninsula Conservation Authority and the Region of Niagara to protect, maintain, rehabilitate or improve the quality of the natural heritage features resources within this Plan area in accordance with environmental and natural resource management legislation. 2.9.1.3 Land owners shall be encouraged to consult with the Ministry of Natural Resources, Niagara Peninsula Conservation Authority and the Region of Niagara prior to commencing work of any kind on or adjacent to an area containing natural heritage resources in order to determine the means by which to avoid or minimize negative impacts. 5-21 2.9.1.4 When considering development or site alteration within or adjacent to a natural heritage feature, the applicant shall design such development so that there are no significant negative impacts on the feature or its function within the broader ecosystem. Actions will be undertaken to mitigate any unavoidable negative impacts. 2.9.1.5 A permit from the Niagara Peninsula Conservation Authority may be required for any works within areas regulated by the Conservation Authority's Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses (Ontario Regulation 155/06). 2.9.1.6 The policies of the Natural Heritage System shall apply to protect any previously unmapped natural heritage feature identified by an Environmental Impact Study regardless of the land use designation applying to such feature in this Plan. 2.9.1.7 To discourage interference with the function of a natural heritage feature or its buffer area, the proponent of new development located adjacent to a natural heritage feature may be required by the Department of Parks & Recreation, to construct a fence in compliance with the City's Development Guidelines. 2.9.1.8 Applications for draft plan of subdivision/ condominium or site plan approval shall demonstrate, through required studies such as an environmental impact study, drainage plan or a subwatershed plan, how the proposed development will comply with the objectives, targets and recommendations of the Warren Creek watershed plan or any subsequent subwatershed plans. 2.9.1.9 An Environmental Impact Study (EIS) shall be required as part of a complete application under the Planning Act for site alteration or development on lands: (a) within or adjacent to an Environment Protection Area or Environmental Conservation Area as shown on Schedule A 3; or (b) that contain or are adjacent to a natural heritage feature. 2.9.1.10 An EIS required under this Plan shall be prepared in accordance with the EIS Guidelines adopted by Regional Council and: 5-22 (a) include a Terms of Reference, reviewed by the City, Region and, where appropriate, the Niagara Peninsula Conservation Authority, that outlines the scope of the study; (b) be prepared and signed by a qualified professional; (c) be to the satisfaction of the City of Niagara Falls, in consultation with the Region and the Niagara Peninsula Conservation Authority, for proposals within or adjacent to ECA; and (d) be to the satisfaction of the Region, in consultation with the City and the Niagara Peninsula Conservation Authority, for proposals within or adjacent to EPA. 2.9.1.11 The City, in consultation with the Region and the Niagara Peninsula Conservation Authority, may require a scoped EIS in place of a full EIS for developments to address specific issues such as encroachment into a natural area, potential impact on a natural heritage feature or the degree of sensitivity of the natural area. A scoped environmental impact study is an area specific study that addresses issues of particular concern. 2.9.1.12 The required content of an EIS may be reduced, in consultation with the appropriate authorities, where: (a) the environmental impacts of a development are thought to be limited; or (b) other environmental studies fulfilling some or all requirements of an EIS has been accepted by the appropriate authority. 2.9.1.13 Linkages and natural corridors that provide a connection between natural heritage features can include valleylands, contiguous woodlands and wetlands, creeks, hedgerows, and service corridors. New development should not interfere with the function of these linkages and corridors and all efforts should be made through design for the enhancement or rehabilitation of natural heritage resource connections. Where specifically defined through an EIS or other natural heritage study or plan linkages and corridors shall be protected through use of an appropriate zone in the City's Zoning By law. 2.9.1.14 Development or site alteration shall not have adverse impacts on ground or surface water quality or quantity. The City, in consultation with the appropriate agencies, 5-23 may require a hydrogeological study oran environmental impact assessment for development or site alteration for any proposal that may impact, either locally or cross jurisdictionally, on: (a) the quantity and quality of surface and ground water; (b) the functions of ground water recharge and discharge areas, aquifers and headwaters; (c) the natural hydrologic characteristics of watercourse such as base flow; (d) surface and ground water such that other natural heritage features are negatively affected; (e) natural drainage systems and stream forms; and (f) flooding or erosion. 2.9.1.15 Development or site alteration adjacent to any hydrologic feature such as valleylands, stream corridors or Municipal Drains shall be setback from the stable top of slope in accordance with the Regulations of the Niagara Peninsula Conservation Authority. The required setback shall be protected through the implementing zoning by law. 2.9.1.16 All development is to be designed in a sensitive manner having regard to the environmental, social and aesthetic benefits of trees, hedgerows and woodlands through the following: (i) The retention and protection, to the greatest extent possible, of the existing tree cover, recognizing its environmental and aesthetic importance. (ii) Ensuring efficient harvesting and use of trees that must be removed to accommodate the placement of buildings, structures and roads. (iii) The incorporation of land with existing tree cover into the urban area park system, if appropriate. (iv) The maintenance and possible enhancement of tree cover along watercourses and on steep slopes, in order to reduce soil erosion and improve water quality. (v) Permitting the continued management and selective harvesting of forest resources, where appropriate. (vi) The use of native trees in development design. 5-24 2.9.1.17 The City supports the protection of woodlands greater than 0.2 hectares in size and individual trees or small stands of trees on private lands that are deemed by Council to be of significance to the City because of species, quality, age or cultural association from injury and destruction through such means as the Region's Tree and Forest Conservation By law or any similar municipal by law. 2.9.1.18 The City shall encourage the retention of individual trees or stands of trees wherever possible through development applications including site plan control, plan of subdivision or vacant land condominiums. A Tree Savings Plan may be requested as a condition of development. 2.9.1.19 The City shall regulate the fill, topsoil Removal or site alteration through a by law and consider the approval of additional regulatory measures, as specified under the Topsoil Preservation Act. Site alteration or development which may result in flooding and erosion, property damage, poor water quality, degradation of farmland and adverse impacts on natural areas the dumping or placing of fill, and the grading of land shall not be permitted unless in compliance with the City's Fill, Topsoil Removal or Site Alteration By law and where the site alteration/development is proposed through a planning application under the Planning Act, no site alteration shall occur until all required studies under Part 4, Section 14 of this Plan have been approved. 2.9.2 General EPA and ECA Policies 2.9.2.1 Development and site alteration, where permitted under the following designations, shall be subject to the natural heritage system policies of Section 2.9.1. 2.9.2.2 In considering the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act on lands adjacent to an EPA or an ECA designation, Council will require the proponent to prepare and submit an Environmental Impact Study as outlined in Policies 2.9.1.9 to 2.9.1.12. Adjacent lands include: 15m from NPCA Regulated Wetlands less than 2ha in size and creeks outside the flood plain 30m from Non -Provincially Significant Wetlands 5-25 50m from Provincially Significant Life ANSIs, Earth and Life Science ANSIs and Significant Woodlands 120m from Provincially Significant Wetlands and NPCA Regulated Wetlands greater than, or equal to, 2 ha. 2.9.2.3 The limits of the EPA and ECA designations and their adjacent lands may be expanded or reduced from time to time as new environmental mapping and studies are produced by the Ministry of Natural Resources or the Niagara Peninsula Conservation Authority or through site specific applications where produced by qualified environmental consultants and approved by the appropriate authority. Where an Environmental Impact Study has concluded that an expansion to the EPA designation or its adjacent lands is warranted by the identification of a significant natural feature/function or habitat, the Official Plan shall be amended to appropriately reflect the areas to be protected. Minor reductions or minor expansions to the limits of EPA or its adjacent lands on Schedule A may be made without amendment to this Plan. 2.9.2.4 A holding provision may be utilized through the City's Zoning By law to require the completion and approval of an environmental impact study prior to any development or site alteration on adjacent lands. The Niagara Peninsula Conservation Authority shall be consulted regarding the removal of any Holding provisions. 2.9.2.5 Where permitted elsewhere in this Plan, new lots adjacent to an EPA or ECA designation shall not extend into either the area to be retained in a natural state or its buffer area as identified and approved through an Environmental Impact Study. The natural heritage features and buffer areas are to be maintained as a single block and zoned appropriately in the City's Zoning By law. 2.9.2.6 Essential public uses of a linear nature including utilities, communication facilities and transportation routes may be permitted to extend through an EPA or ECA designation, or within adjacent lands, where an Environmental Assessment for the proposed use has been approved under Provincial or Federal legislation. 5-26 2.9.2.7 Where development is permitted within an ECA or on adjacent lands existing natural linkages between the lands designated ECA and EPA lands, other designated or non designated natural heritage features shall be maintained. The exact limits of such linkages shall be assessed and approved through an Environmental Impact Study through development applications or natural area inventories. New linkages, where needed, should form part of applications for development through a land use designation or easement. 2.9.3 Environmental Protection Areas (EPA) 2.9.3.1 The EPA designation shall apply to Provincially Significant Wetlands, NPCA regulated wetlands greater than 2ha in size, Provincially Significant Life Science ANSIs, significant habitat of threatened and endangered species, floodways and erosion hazard areas and environmentally sensitive areas. 2.9.3.2 Development or site alteration shall not be permitted in the EPA designation except where it has been approved by the Niagara Peninsula Conservation Authority or other appropriate authority, for the following: (a) forest, fish and wildlife management; (b) conservation and flood or erosion projects where it has been demonstrated that they are necessary in the public interest and other alternatives are not available; (c) small scale, passive recreational uses and accessory uses such as trails, board walks, footbridges, fences, docks and picnic facilities thatwill not interfere with natural heritage features or their functions. 2.9.3.3 Minor expansions to an existing legal non conforming use within the EPA designation may be permitted through an application pursuant to the Planning Act where the City is satisfied that there will be no negative impact on a natural heritage feature or its ecological function. Expansions that result in a substantial intensification in land use or increase in footprint shall require an Environmental Impact Study as part of a complete application. 2.9.3.4 A minimum vegetated buffer established by an Environmental Impact Study (EIS) shall be maintained 5-27 around Provincially Significant Wetlands and Niagara Peninsula Conservation Area Wetlands greater than 2 ha in size. The precise extent of the vegetated buffer will be determined through an approved EIS and may be reduced or expanded. New development or site alteration within the vegetated buffer is not permitted. Expansion, alteration or the addition of an accessory use in relation to an existing use within the buffer may be permitted, subject to an approved EIS, where: (a) the expansion or accessory use is not located closer to the edge of the provincially significant wetland than the existing use; and (b) the expansion or accessory use cannot be located elsewhere on the lot outside of the designated buffer area. 2.9.3.5 Endangered and Threatened species are identified through lists prepared by the Ministry of Natural Resources. The Significant habitat of threatened and endangered species are identified, mapped and protected through management plans prepared by the Ministry of Natural Resources and the Committee on the Status of Endangered Wildlife in Canada and all applications made pursuant to the Planning Act within or adjacent to the EPA designation will be circulated to the Ministry of Natural Resources for review. 2.9.3.6 Natural hazard lands, including floodplains and erosion hazards, are included within the EPA designation because of their inherent risks to life and property. Natural hazard lands where identified by the Niagara Peninsula Conservation Authority or any study required under this Plan, shall be placed within an appropriate zoning category in the City's Zoning By law. Development or site alteration may be permitted within or adjacent to floodplains or erosion hazards subject to written approval from the Niagara Peninsula Conservation Authority. 2.9.4 Environmental Conservation Area (ECA) 2.9.4.1 The Environmental Conservation Areas designation contains significant woodlands, significant valleylands, significant wildlife habitat, fish habitat, significant Life and Earth Science ANSIs, sensitive ground water areas, and locally significant wetlands or NPCA wetlands less than 2ha in size. 5-28 2.9.4.2 Permitted uses within the ECA designation shall include: (a) forest, fish and wildlife management; (b) conservation and flood or erosion projects where it has been demonstrated that they are necessary in the public interest and other alternatives are not available; (c) small scale, passive recreational uses and accessory uses such as trails, board walks, footbridges, fences, docks and picnic facilities thatwill not interfere with natural heritage features or their functions; (d) uses ancillary to the uses listed above including: parking areas, interpretive centres, conservation area shelters, essential utility structures and other related uses that are compatible with the ECA designation; where such works have been approved by the Niagara Peninsula Conservation Authority or other appropriate authority. 2.9.4.3 Minor expansions to an existing legal non conforming use within the ECA designation may be permitted through an application pursuant to the Planning Act where the City is satisfied that there will be no negative impact on a natural heritage feature or its ecological function. Expansions that result in a substantial intensification in land use or an increase in footprint shall require an Environmental Impact Study as part of a complete application. 2.9.4.4 Notwithstanding the above policies, development and site alteration may be permitted within fish habitat in accordance with Provincial and Federal requirements. The buffer areas for fish habitat have been designated ECA in this Plan with the intention of providing a vegetative buffer and riparian areas along the water channel for protection from soil or chemical runoff and to stabilize water temperature. Where a site specific study has identified a setback for a protective buffer for fish habitat, this setback shall be reflected in any implementing zoning by law. Not all fish habitat have been evaluated and mapped and may, therefore, not be reflected on Schedules A 3 to this Plan. Fish habitat may be identified by the 5-29 Niagara Peninsula Conservation Authority through preconsultation. Where this is the case, the fish habitat policies of this Plan apply. 2.9.4.5 It is the intent of the ECA designation to provide for the protection of natural heritage features while recognizing that the extent of the designation may be further refined through on site study. Where it has been demonstrated through an approved Environmental Impact Study that an area currently designated ECA does not meet the criteria for that designation, in whole or in part, the policies of the adjacent land use designation shall apply provided that the EIS has successfully demonstrated that the proposed use will not have an adverse impact on the features or functions of the remaining ECA or their adjacent lands. In such circumstances an amendment to this Plan is not required however the change shall be implemented through an amendment to the City's Zoning By law. 2.9.4.6 Valleylands are identified through mapping of the Niagara Peninsula Conservation Authority. A minimum vegetated setback from the top of bank shall be established through the implementing zoning by law based on site specific conditions in accordance with the Niagara Peninsula Conservation Authority Regulations. Where development or site alteration is proposed within or adjacent to a significant valleyland and ownership of the valleyland or flood plain is not assumed by the City or other public agency, the City may require the submission of a detailed site grading plan for any new lot prior to the issuance of a Building Permit as a condition of development. 2.10 Infrastructure 2.10.1 Storm Water Management 2.10.1.1 A combination of piped storm sewers and overland drainage systems will be employed due to the generally flat topography of, and the shallow drainage courses that flow through, the Secondary Plan Area. 2.10.1.2 Overland and piped storm water flows will not be directed outside of the respective watershed. 2.10.1.3 Storm drainage for the lands within the Warren Creek Watershed will be conveyed to the re -channeled Warren 5-30 Creek in accordance with the provisions of the Warren Creek Watershed Plan and Implementation Plan. 2.10.1.4 The location of storm water management facilities are shown on the Concept Plan. Such facilities are not shown on Schedule A-3 and may be located under any land use designation, including the facility within the northeast quadrant of Kalar Road and Brown Road, which is designated Environmental Protection Area. 2.10.1.5 Private, individual or temporary storm water management facilities are discouraged. Such installations shall be undertaken at the cost of the developer. 2.10.1.6 Storm water management facilities will be constructed as naturalized features, utilizing native plant species and grading techniques to create a natural area. If required, public access will be precluded through the use of vegetation and not fencing. Such facilities will be integrated with the Open Space System of the Secondary Plan Area. 2.10.1.7 The lands shown Figure 8 are located within the Thompson's Creek Watershed. In the absence of a watershed plan for Thompson's Creek Watershed, a Scoped Watershed and Master Drainage Plan is required to be completed prior to development. It is anticipated that the Scoped Watershed and Master Drainage Plan will be prepared by the City as a Development Charges study. Alternatively, the Plan may be prepared by an individual or group of individual landowners within the affected area. The Plan shall be developed in consultation with the owner of Thompson's Creek and completed to the satisfaction of, in the case of a landowner -initiated study the City and, the Niagara Peninsula Conservation Authority, and will: • assess pre -development surface and subsurface hydrological conditions; • model post -development conditions to identify storm water management requirements to ensure that the hydrology of the natural heritage features is not negatively impacted; • provide a hydrogeological analysis to identify storm water management requirements in order to ensure that pre -development infiltration conditions into Thompson's Creek remain unaffected; 5-31 Figure 8: Thompson's Creek Subwatershed . .opo . "o, . c. J .4 :oo 01 ...... GARNER RD V m 0 m in 2 N N 'j a N U a U t ai c@ a a v o2 t c N u m 'fp 0 C to �i U U a 5-32 • develop a storm drainage and storm water management plan for this portion of the watershed that manages storm water on a communal scale and provides for buffers to natural heritage features; • assess the natural heritage features in this portion of the watershed in accordance with the Environmental Impact Study requirements of the Niagara Peninsula Conservation Authority and the Natural Heritage policies of this Plan; • identify the natural heritage constraints to development; • characterize surface and subsurface hydrological conditions of the natural heritage areas and requirements of the storm management plan to meet these conditions; and • identify any impacts on the natural heritage system from the proposed storm water management plan and any methods that may be necessary to mitigate these impacts. 2.10.1.8 No development shall occur within the Thompson's Creek Watershed area in advance of any municipal storm water management works required by the Scoped Watershed and Master Drainage Plan. Any applications to amend the Zoning By-law to permit development prior to the completion of these works shall be have a Holding provision attached to the zone classification. 2.10.1.9 Should development impact upon or alter existing conditions of Thompson's Creek, developers shall obtain consent of the owner of Thompson's Creek and the Niagara Peninsula Conservation Authority to permit these impacts or alterations, or in the alternative shall redesign its development so as to maintain the existing conditions. These impacts oralterations include impacts on flood potential, erosion, water quality and quantity and fish habitat. 2.10.2 Sanitary and Water Services 2.10.2.1 Sanitary services will be constructed in accordance with the recommendations of the Garner/Southwest Sanitary Service Area Municipal Class EA. This shall not preclude the extension of sanitary and water services through private lands to service lands within the northwest quadrant of the Secondary Plan Area. 5-33 2.10.2.2 Water services may be constructed in concert with sanitary services. 2.10.2.3 Lands served by private septic systems shall connect to municipal sanitary sewers and water services when available. 2.10.3 Utilities 2.10.3.1 The City shall participate in discussions with utility providers such as hydro electric power, communications/telecommunications, pipelines and natural gas to ensure that sufficient infrastructure is or will be in place to serve the Secondary Plan Area. 2.10.3.2 Through the Environmental Assessment and subdivision processes, appropriate locations for large utility equipment and cluster sites will be determined. Consideration will be given to the locational requirements for larger infrastructure within public rights of way, as well as easements on private property. 2.10.3.3 Utilities will be planned for and installed in a coordinated and integrated basis in order to be more efficient, cost effective and to minimize disruption. 2.11 Growth Strategy 2.11.1 Phasing of Development 2.11.1.1 Development shall progress in an orderly, efficient and fiscally responsible manner. The phasing strategy for the Secondary Plan Area is shown on Appendix VI l -B to the Official Plan. The servicing of lands, including the upgrading and widening of roads, within this Secondary Plan Area shall be undertaken as is required by demand. 2.11.1.2 In order to ensure that development occurs in an orderly manner Council may use holding provisions in the zoning of lands. Holding provisions can be lifted only after the following matters have been satisfied: • that sufficient revenue has been, or will be, generated through Development Charges to finance the servicing of the proposed stage of Secondary Plan development; • that any extensions of municipal sanitary sewers and watermains required to service the lands 5-34 have been designed and approved for construction; • that the extent of the short term (serviced) land supply within the Secondary Plan Area is not more than 10 years; • whether the extent of intensification occurring within the City's Built-up Area over the previous 5 years has been at the targeted rate; • completion of the Thompson's Creek Scoped Watershed and Master Drainage Plan to the satisfaction of the City and the Niagara Peninsula Conservation Authority for the lands located on the west side of Garner Road; and • execution of any front ending agreement by the owner of lands subject to a holding provision, all in accordance with requirements of the Development Charges Act. 2.11.1.3 The timing of subsequent phases of the Secondary Plan Area will be determined based on the following: (a) an evaluation of infrastructure investments, including Development Charge revenue; (b) the extent of short term supply, not only within the Secondary Plan Area, but within the City=s Greenfield Area; and (c) the extent of intensification occurring within the City's Built-up Area over the current phase of development. 2.11.1.4 Development of lands within the Thompson's Creek Watershed area shall not proceed until the completion of the Scoped Watershed and Master Drainage Plan to the satisfaction of the City and the Niagara Peninsula Conservation Authority. In the case of lands on the west side of Garner Road, development shall also not proceed until a municipal sanitary sewer and watermain are extended along Garner Road. The timing of the Scoped Watershed and Master Drainage Plan and the extension of the municipal sanitary sewers and watermains will be dependant on the financial resources of the City and/or any front -ending agreements between benefiting landowners in the Thompson's Creek Watershed Area. 5-35 2.11.1.4.1 Notwithstanding the above the lands within the southwest quadrant of Garner Road and McLeod Road may be serviced by way of extension of municipal sanitary sewers and watermains internally through the Secondary Plan Area. Such a servicing alternative is subject to negotiation and mutual consent of the applicable landowners as detailed in Section 2.12. 2.11.1.5 The City, through future Development Charge By-law Reviews, may consider an area specific Development Charge By-law for the Secondary Plan Area. 2.11.1.6 The development of employment lands is encouraged to proceed concurrently with residential development in order to create a live/work community. Retail and service commercial uses are also encouraged to develop concurrently with residential development so as to provide residents with neighbourhood shopping and services. 2.11.1.7 Medium and high density housing forms are to develop concurrently with lower density forms. Applications for draft plan approval of plans of subdivision on lands designated Residential, Low Density should contain a land area of not less than 20 gross developable hectares or 300 housing units. Notwithstanding, the staging of registration of lands within draft approved plans of lesser land area or number of housing units is permitted. Applications should include a mix of the housing types noted in Policy 2.1.1 and provide an indication of the phasing in of each dwelling type. 2.11.2 Front -ending Agreements 2.11.2.1 For the purposes of this Secondary Plan, a front -ending agreement, pursuant to the Development Charges Act, is a financial contract entered into with the City whereby an individual or individuals agree to pay for the installation of infrastructure identified in the Secondary Plan in order to permit development to proceed within the Secondary Plan Area in advance of other benefiting developments paying its share of costs. 2.11.2.2 Where an application has been made for a development in advance of the installation of infrastructure identified 5-36 within this Secondary Plan as required to support the subject development, including both on-site and off-site services as well as upstream and downstream system requirements, Council may consider entering into a front -ending agreement with a developer, as a condition of approval, in accordance with City policies and procedures respecting such agreements. 2.12 Transportation 2.12.1 The Concept Plan illustrates the conceptual design for the Secondary Plan Area. The design employs a modified grid system of streets with the aim to allow for walking, cycling and access to transit. Individual plans of subdivision will be consistent with this grid system. 2.12.2 Right-of-way widths for all roads shall be in accordance with PART 3, Section 1.4.19 of this Plan. 2.12.3 As part an application to amend the Zoning By-law application, a traffic impact study may be required to be submitted. The study will assess the impacts on the existing road network, intersections and recommend any improvements to the road network that will be needed. Any improvements to the existing road network or to intersections shall be constructed at the cost of the applicant unless such improvements have been identified in the Development Charges By-law. 2.12.4 The arterial road system currently exists in the Secondary Plan Area. The following policies shall apply to arterial roads: 2.12.4.1 Expansion of arterial roads from their current width shall generally proceed in phase with development, subject to the Development Charge revenue generated at the time being sufficient. 2.12.4.2 Driveways access to arterial roads shall be minimized. On corner lots, driveway access shall only be provided on the lesser order road frontage. 2.12.4.3 Reverse lot frontage shall be avoided where at all possible. 2.12.4.4 Developments along any arterial road, shall provide generously landscaped open space adjacent to the arterial frontage, save and except for any driveway or sidewalk access. 5-37 2.12.5 The collector network is shown on Schedule A-3 and on the Concept Plan. Collector roads are to provide for the conveyance of traffic into and out of the community and to provide for transit routes. Accordingly the following policies shall apply: 2.12.5.1 Parkside Drive shall be extended south of McLeod Road so as to provide for a continuous north -south collector road. Parkside Drive will function as a transit route. 2.12.5.2 An east -west collector road connection may be made between Kalar Road and Pin Oak Drive and designed to serve as a transit route. 2.12.5.3 An east -west collector, in the vicinity of the Hydro corridor, shall extend across Warren Creek in order to provide for a connection to the lands on the west side of the Creek. 2.12.5.4 Bicycle lanes should be provided on all collector roads. 2.12.6 Traffic circles will be encouraged to be used at the intersection of any two collector roads. 2.12.7 The specific configuration of local roads, laneways and the resultant lot patterns are to be established through individual plans of subdivision. 2.13 Implementation 2.13.1 The Secondary Plan shall be implemented in accordance with the requirements of the Planning Act, Development Charges Act and other applicable legislation. 2.13.2 The lands that are subject to future development shall be zoned Development Holding. Development shall proceed by way of amendment to the Zoning By-law. Applications made shall comply with the policies regarding complete applications in PART 4 of this Plan. 2.13.3 Lot creation shall proceed primarily by way of plan of subdivision or condominium. Applications for consent that do not impact on the integrity of the Secondary Plan may be considered: • for lands where plans of subdivision or condominium are not appropriate; • for lands that have not been included in a plan of subdivision or condominium; • for technical or purposes; or • in the case of part lot control. 5-38 An air quality, noise and vibration study is required for any development for a sensitive land use that is located near a major facility such as a transportation corridor, industrial use, sewage of water treatment facility, pumping station or a landfill operation.