Report to: Development Service Committee Report Date: June 2, 2009

SUBJECT: Hamlet of Victoria Square Land Use Review – Update Report

PREPARED BY: Geoff Day, Planner - West Development Team

FILE #’S: PR 07 127443 & OP 09 113402

RECOMMENDATION:

That the staff report entitled “Hamlet of Victoria Square Land Use Review – Update Report”, dated June 2 2009, be received as input to the statutory public meeting scheduled for June 16, 2009.

1. Purpose 2. Background 3. Discussion 4. Financial

5. Others (HR, Strategic, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to update the Development Service Committee on the status of the Land Use Review undertaken by Staff for the Hamlet of Victoria Square and to provide preliminary information regarding proposed Official Plan policy changes, recommended by Staff.

BACKGROUND:

Redevelopment pressures

In May of 2008, Council authorized Staff to undertake a Land Use Review for Victoria Square, and to schedule community information meetings to review Official Plan policies applicable to the Hamlet. The purpose was to ascertain if planning policy and regulation changes would be required to protect and preserve the integrity of Victoria Square. This resulted from several inquiries at the Town and through the local Ward Councilor’s office regarding the potential for zoning changes to allow for commercial uses within the Hamlet.

Community Meeting held in November 2008

On November 13^th a public information meeting was held in Victoria Square to update and inform the residents of the redevelopment inquiries in their community. Sixty residents were in attendance.

At the meeting numerous questions and concerns arose regarding potential use changes and their potential effect on the exclusively residential character of the Hamlet. The main concerns are categorized as follows:

· Increased traffic

· Noise concerns

· Insufficient parking

· Negative impacts on the residential character of the Hamlet

· Potential public safety concerns (i.e. crime, traffic etc..) resulting from increased non-residential development

There was also interest in the potential for commercial uses provided specific use and design criteria were implemented. These criteria are categorized as follows:

• Restrict non residential uses to Elgin Mills Road and Woodbine Avenue only
• Use should be small in scale
• Sympathetic and compatible uses requiring little demand for parking

In addition, it was noted that potential redevelopment could result in renovations, beautification and upgrading of historic building stock.

A questionnaire was also circulated to the residents in order to determine the perceived advantages/disadvantages if non-residential uses were introduced into the Hamlet. The questions were as follows:

1. Given the ongoing urban development surrounding you, where do you envision the Hamlet within the next 10-15 years?

2. As is presently provided for in the Official Plan - Are there realistic opportunities for some forms non-residential uses in the Hamlet?

3. Would you support any new non-residential uses in Victoria Square? If so, what may they be?

4. What are the advantages of allowing non-residential development? What are the concerns?

5. If non-residential uses were to be permitted, where should it be located?

6. What would be an appropriate scale and height for new development?

Fifteen residents responded to the questionnaire. Eight respondents were clearly opposed to any form of non-residential opportunities citing increased traffic, noise, and compatibility issues as the main concerns. Seven respondents were of the opinion that provided the redevelopment was appropriate in scale, compatible in use and restricted only to lots fronting onto Elgin Mills Road and Woodbine Avenue, there were opportunities for limited commercial uses within the Hamlet.

Proposal

Staff have reviewed the current Official Plan and Zoning provisions in effect within the Hamlet and have assessed the advantages and disadvantages of a variety of planning options to determine whether or not they would assist in promoting appropriate heritage protection/redevelopment in the Hamlet.

Present Official Plan Hamlet Policies

The present Hamlet policies provide for low density residential, small scale commercial (intended to serve the needs of local residents of the Hamlet and the surrounding rural area) and daycare centres.  Large scale commercial uses which do not primarily serve the Hamlet and its surrounding rural area are discouraged.

These policies are identified in general terms which do not provide more specific details on types of uses or appropriate locations for these uses within the hamlet. In essence, the way the Official Plan Policies are worded now – a wide range of commercial uses are provided for anywhere within a Hamlet.

Existing Zoning

The majority of the properties in the community are zoned Rural Residential by By-law 83-73, as amended. The rural residential zone only permits single detached dwellings and home occupations.  Commercial uses are not permitted. Staff are not proposing to amend the existing zoning by-law through this planning process as there are presently no properties in the Hamlet where non- residential uses are permitted as of right. Any future proposal for non-residential uses would require a Zoning By-law Amendment through a full statutory public process.

Staffs’ review to date has concluded that several of the Hamlet policies in the Official Plan do not reflect the unique geographic conditions and development trends facing the Victoria Square community. Proposed revisions are outlined below.

a) Sections 3.8.1a) of the Official Plan references potential permitted non residential uses as follows:

“…small scale institutional and commercial uses designed to serve the hamlet and surrounding rural area...”

As Victoria Square is essentially surrounded by the Town’s urban expansion area, this statement is no longer accurate. In addition, the location of “commercial uses” should be more precisely defined and restricted in order to protect the Hamlet from potentially incompatible uses which could create noise, traffic, and compatibility conflicts within the community. In order to protect the residential areas within the northeast and southeast portions of the Hamlet, non-residential opportunities would be limited to key areas fronting onto Elgin Mills Road and Woodbine Avenue (see Figure 3). These uses would be prohibited elsewhere in the Hamlet. A list of the potential uses along Elgin Mills Road and Woodbine Avenue are as follows:

Single Detached Dwellings Places of Worship Offices Clinics Daycare Centres Bed & Breakfast establishments

Bakeries not exceeding 300 m2 Personal Service Shops Retail uses not exceeding 300 m2 Art galleries Institutional uses

Potential prohibited uses within the Hamlet are as follows:

Commercial uses involving accessory outdoor storage Automobile service stations Car washes Automobile repair uses Autobody paint and repair Commercial ”self storage” warehouses

Restaurants Night clubs Banquet halls Entertainment uses Shopping Centres Large Scale Commercial Uses

The uses provided for in the remainder of the Hamlet would be limited to single detached residential uses with associated home occupations and existing places of worship/cemeteries.

Staff are of the opinion that the above lists of permitted and prohibited uses provide for appropriate institutional and commercial uses while avoiding those uses that may become incompatible with adjacent residential uses.

b) Staff have concerns with Section 3.8.1 c) of the Official Plan which outlines:

“where new housing is planned within a hamlet, its form and setting should be appropriate to the historic features and character of the hamlet...”

This provision does not provide for the same compatibility and sympathetic “historic” design criteria for potential non-residential uses and should be reworded to state:

“all new development planned within a hamlet should be appropriate to the historic features and character of the hamlet in terms of its form and scale.”

c) Specific design criteria tailored to preserve the historic building stock and heavily vegetated areas of the Hamlet is of great importance. In considering applications for non-residential uses, Staff recommend that the following urban design criteria be added to the policies:

· The design of new buildings or additions to existing buildings shall reflect historic architectural styles which will complement the surrounding area by:

a. having generally the same height, scale and orientation as adjacent buildings;

b. having setbacks consistent with adjacent buildings; and,

c. being of materials and colours consistent with the heritage building stock in the area.

· Heritage buildings will be preserved and integrated into new development or uses;

· New development shall respect and preserve natural landforms, drainage and existing mature vegetation;

· Fronts of buildings and entrances shall be orientated to either Woodbine Avenue or Elgin Mills Road only;

· Generally not to exceed 2 storeys in height;

· New development shall contain adequate and appropriately located on-site parking, with sufficient landscaping and screening to protect adjacent residential properties; and,

· Buildings to be used for non residential uses shall only contain one modestly sized non-illuminated identification sign.

d) Section 3.8.1 f) states:

”large scale commercial uses which do not primarily serve the hamlet and its surrounding rural area shall be discouraged...”

Staff are of the opinion that this provision does not protect the Hamlet and its existing lotting pattern sufficiently from “large format” type uses. Staff are recommending that large scale commercial uses should be prohibited within the Hamlet.

Staff propose to incorporate the above changes and provisions by amending the Official Plan as it relates to Planning District No. 14 – Victoria Square Planning District (Hamlet).

Municipal Services

It is likely that within the next several years there will be opportunities for the lands within the Hamlet to connect to municipal services (water and sewer). This will open up development opportunities that do not currently exist within the Hamlet. As septic and well systems constrain the “developable” area of any given lot, the size of any one development is regulated by the septic and well systems required. Planning Staff are of the opinion that the revisions to policies and permitted uses noted above will provide a stronger framework for evaluating the appropriateness of development applications in the face of anticipated development pressures. None of the uses provided for require substantial parking areas or have hours of operation incompatible to adjacent residential uses.

2^nd Community Meeting held in April 2009

On April 20^th a second community meeting was held to reveal the results of Staff’s research to date. At the meeting the use and design guidelines identified above were presented to the community in order to inform the residents of the direction that Staff were taking with this Land Use Review.

Many of the same concerns identified at the November 13^th meeting were reiterated by some of the residents in attendance; that any non residential opportunities would negatively affect the exclusive residential character of the Hamlet.

However, several attendees noted that the proposed policy revisions would provide for enhanced protection of residential areas in the Hamlet while allowing for some redevelopment at the Elgin Mills and Woodbine Avenue intersection. Several suggestions were made to refine the limits of the core Hamlet area being considered to accommodate some non-residential uses in order to minimize impacts on existing properties. In particular, a request was made to scale back the extent of the redevelopment area along the west side of Woodbine Avenue north of Elgin Mills Road to reflect the northern boundary of the cemetery on the east side of Woodbine Avenue (see Figure 3). This request has been incorporated into the Official Plan Amendment and the proposed boundary of the redevelopment area has been adjusted.

NEXT STEPS:

A statutory Public meeting will be held on June 16, 2009 to consider the findings of the Land Use Review and to obtain input from the public.

CONCLUSION:

The original function of Victoria Square Hamlet was to serve as mixed use, crossroads communities where residential and commercial uses coexisted within a predominately rural residential environment.

The purpose of the Official Plan Amendment is to set out additional policies and criteria to provide more specific guidance and under what circumstances, non-residential uses may be appropriate, given the current land use pattern in the area.

Staff are not proposing to amend the existing zoning by-law through this Land Use Review as there are presently no properties in the Hamlet which permit non residential uses as of right. Any future proposal for non-residential uses would require a Zoning By-law Amendment through a full statutory public process.

As noted in this report, it is the opinion of Staff that establishing new Official Plan policies that restrict the uses, control their location, and address their form through specific design criteria, will effectively assist in preserving the historic integrity of the Hamlet of Victoria Square.

Policy Group anticipates review of Hamlet Policies in context of Official Plan Review

Victoria Square is unique among the Town’s hamlets, in that it is adjacent to the urban area and is experiencing growth impacts and servicing opportunities that the other rural hamlets are not experiencing at this time. The policies recommended for Victoria Square in this study are likely not applicable to the other, rural hamlets at this time. The Policy Group advises that a review of hamlet policies is anticipated as part of the upcoming review of the Town’s Official Plan. The Heritage Section also wants to look at heritage issues in various hamlets and the proposed heritage studies would need to be considered in light of any hamlet-specific policy changes as part of the Official Plan Review.

FINANCIAL CONSIDERATIONS:

Not Applicable

ALIGNMENT WITH STRATEGIC PRIORITIES:

Growth Management

Amending the Official Plan by adding additional policy and design criteria for the Hamlet of Victoria Square is an effective mechanism to assist in managing and directing land use, environmental protection and the preservation of built heritage.

BUSINESS UNITS CONSULTED AND AFFECTED:

Development Planning Staff have consulted with the appropriate internal and external departments and agencies throughout the Land Use Review.

_____________________________	___________________________________
Biju Karumanchery, M.C.I.P., R.P.P. Senior Development Manager Planning and Urban Design Department	Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services

Figure 1 – Location Map

Figure 2 – Victoria Square Land Use Boundary Limit

Figure 3 – Proposed Schedule “A” to Hamlet of Victoria Square Planning District

File path: Amanda\File 07 127443\Documents\Recommendation Report