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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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;
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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.
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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.
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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.
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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.
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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
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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;
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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
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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".
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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
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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
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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
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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.
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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.
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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.
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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
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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
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Additional Entry Corrid r
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Additional Entry Corridor
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Street System LEGEND
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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
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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.
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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
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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,
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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.
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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
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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;
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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:
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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.
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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.
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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.
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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.
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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.
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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:
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• 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;
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• 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
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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.
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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;
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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:
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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
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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
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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
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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
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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.
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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
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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.
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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
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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:
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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.
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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.
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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,
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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
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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.
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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
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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
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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
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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.
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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)
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(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:
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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.
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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
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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
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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:
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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:
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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
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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
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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:
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• 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
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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,
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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.
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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."
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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
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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
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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.
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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.
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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:
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(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:
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• 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
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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.
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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
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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.
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(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
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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.
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(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
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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.
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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:
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(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,
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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.
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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
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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.
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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
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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.
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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
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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
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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;
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Figure 8: Thompson's Creek Subwatershed
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GARNER RD
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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.
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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
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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.
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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
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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.
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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.
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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.