PLANNING JUSTIFICATION REPORT
50 BUTE STREET, AYR
Will-O Homes
55 Reinhart Place
Petersburg, Ontario
Township of North Dumfries
Official Plan Amendment Application
Zoning By-law Amendment Application
February 2015
CONTENTS
1.
INTRODUCTION ................................................................................................................2
2.
PROPOSED DEVELOPMENT ...........................................................................................3
3.
LAND USE POLICY AND REGULATORY CONTEXT ........................................................4
4.
5.
3.1
Provincial Policy Statement, 2014 .............................................................................4
3.2
Growth Plan for the Greater Golden Horseshoe ........................................................5
3.3
Region of Waterloo Official Plan ................................................................................6
3.4
Township of North Dumfries Official Plan ..................................................................7
3.5
Township of North Dumfries New Official Plan ..........................................................9
3.6
Township of North Dumfries Zoning By-law ............................................................. 11
TECHNICAL STUDIES ..................................................................................................... 12
4.1
Traffic Generation Assessment ............................................................................... 12
4.2
Functional Servicing Report..................................................................................... 12
4.3
Preliminary Stormwater Management Plan .............................................................. 13
4.4
Environmental Impact Study .................................................................................... 14
4.5
Slope Stability Assessment ..................................................................................... 15
4.6
Scoped Hydrogeology Study Report ........................................................................ 16
4.7
Phase I Environmental Site Assessment Report ...................................................... 17
4.8
Phase II Environmental Site Assessment Report ..................................................... 17
4.8
Noise Study ............................................................................................................. 18
PROPOSED APPLICATIONS .......................................................................................... 20
5.1
Proposed Official Plan Amendment ......................................................................... 20
5.2
Proposed Zoning By-law Amendment ..................................................................... 20
6.
PLANNING JUSTIFICATION ............................................................................................ 22
7.
SUMMARY AND CONCLUSIONS .................................................................................... 25
Official Plan and Zoning By-law Amendment | 50 Bute Street, Ayr
GSP Group | February 2015
1
1. INTRODUCTION
GSP Group Inc. has prepared this report for Will-O Homes (the “Owner”) in support of
Official Plan Amendment and Zoning By-law Amendment applications to permit the
development of 33 townhouse units on land known municipality as 50 Bute Street, Ayr (the
“Site”). The Site has approximately 1.6 hectares of developable area. The Site is
approximately 14 hectares, however a large portion is undevelopable given the presence of
the Nith River and associated floodplain and related natural heritage features on the rear
portion of the property (Figure 1).
The Site is located in the Designated Greenfield Area of the Township of North Dumfries
and within the Ayr Urban Area (Built-Up Area). The Site has frontage on Bute Street and
formerly had a single detached home on it. The home has since been moved to an adjacent
lot, and the Site is vacant. The CP rail line (the Ayr Pit Spur Line) marks the northern
boundary of the Site. Surrounding land uses include residential and industrial uses.
Downtown Ayr is to the south of the Site (Figure 2).
This report and the associated applications have been prepared by GSP Group Inc., the
lead consultant on a project team that includes Meritech Engineering, Natural Resource
Solutions Inc., LVM Engineering, HGC Engineering and Salvini Consulting Inc. The purpose
of this Report is to describe the development concept, the supporting studies and the
rationale for the proposed Official Plan Amendment and Zoning By-law Amendment.
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Official Plan and Zoning By-law Amendment | 50 Bute Street, Ayr
GSP Group | February 2015
land
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Site
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Wrigle
Nith River
Rd
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Piper
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Grand River Conservation Authority, 2014
Figure 1
Location Map
Will-O Homes - 50 Bute St, Ayr
Source: GRCA Aerial Imagery (2010)
THIS MAP IS NOT TO BE USED FOR NA
St Brigid Catholic
Elementary School
N
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or
Residential
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Industrial
St
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Former Maple Leaf Plant
(Redevelopment Site)
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Village of Ayr
Nith R
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Piper
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Swan St
Residential
Grand River Conservation Authority, 2014
Figure 2
THIS MAP IS NOT TO BE USED FOR NAVIGA
Surrounding Land Use
Will-O Homes - 50 Bute St, Ayr
Source: GRCA Aerial Imagery (2010)
2. PROPOSED DEVELOPMENT
The Owner is proposing a condominium development consisting of a total of 33 townhouse
units with an internal private road system, common amenity area and a no-touch natural
heritage area at the rear portion of the Site (the “Proposed Development”) (Figure 3). The
Proposed Development will contain a mix of two-storey townhouse units (25) and bungalow
townhouses as end units (8). Each townhouse unit is intended to have a garage and a rear
yard amenity space. The specific details of the townhouse development will be determined
through the Site Plan Approval and Plan of Condominium processes, which will be initiated
after the approval of the Official Plan and Zoning By-law Amendments.
A 30 metre setback from the CP rail line at the northern limits of the Site is provided, as is
a 30 metre slope stability setback at the western limits. The slope stability setback was
established by LVM through their Slope Stability Analysis. Additionally, this slope stability
setback serves as a buffer from the Provincially Significant Woodlot/Wetland at the rear of
the Site, which is part of the undevelopable portion of the Site. Due to the potential noise
arising from the CP rail line, a 2.5 metre high berm with a 3.0 metre high noise wall will be
put in place adjacent to the northerly property.
The applicant and Township of North Dumfries staff have had preliminary discussions
regarding the potential for dedication of the open space lands to the Township or the Grand
River Conservation Authority. This potential land dedication would serve to provide the
Township or the Grand River Conservation Authority with additional land fronting onto the
Nith River and may provide for trail connections in the future. Through the Official Plan and
Zoning By-law amendment process, it is intended that further discussions on this matter
take place.
To implement the Proposed Development, Official Plan and Zoning By-law amendments
are required to re-designate and re-zone the approximately 1.6 hectares of developable
land at the front of the Site for a multiple-residential development. The balance of the Site
will be designated and zoned for the open space uses.
Official Plan and Zoning By-law Amendment | 50 Bute Street, Ayr
GSP Group | February 2015
3
oo
m
Br
Canadian Pacific Railway
KEY PL
3m Noise Wall
2.5m Noise Berm
30m Buffer from CP Railway
Top of Swale
5.7
6.4
7.9
Top of Swale
N.T.S.
pm
lo
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en
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Flo
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SITE
ZONING
Common
Amenity
Area
in
(
GR
TOTAL
TOTAL
T
BUTE S
od
ck
CA
)
REET
Existing Residential
667m² (7,287ft²)
BUILDIN
LANDS
BUFFE
EXISTIN
ASPHA
No. OF
TOWN
BUNG
No. OF
REQU
PROV
Existing Residential
201-7
Kitche
T
Date: February
Scale: 1: 400
Figure 3
Concept Plan
Will-O Homes - 50 Bute St, Ayr
Source: GSP Group (Nov 2014)
3. LAND USE POLICY AND REGULATORY CONTEXT
This section provides a description of the current and emerging land use policies and
regulatory context, applicable to the Proposed Development. The analysis of the Proposed
Development is based on the following policy framework.
3.1
Provincial Policy Statement, 2014
The 2014 Provincial Policy Statement (the “PPS”) provides policy direction on matters of
provincial interest related to land use planning and development. The PPS is issued under
the authority of Section 3 of the Planning Act and came into effect April 30, 2014. Section 3
requires that “decisions affecting planning matters shall be consistent with the policy
statements issued under the Act”.
The PPS focuses on building strong, healthy, and liveable communities by encouraging
efficient and cost effective development and land use patterns.
1.1.1
a)
b)
c)
d)
e)
Healthy livable and safe communities are sustained by:
promoting efficient development and land use patterns which sustain the
financial well-being of the Province and municipalities over the long term;
accommodating an appropriate range in mix of residential (including second
units, affordable housing and housing for older persons), employment
(including industrial, commercial), institutional (including places of worship,
cemeteries and long-term care homes), recreational, park and open space,
and other uses to meet long term needs;
avoiding development and land use patterns which may cause
environmental or public health and safety concerns;
avoiding development and land use patterns that would prevent the efficient
expansion of settlement areas in those areas which are adjacent or close
to settlement areas;
promoting cost-effective development standards to minimize land
consumption and servicing costs;
The PPS promotes intensification and redevelopment through a number of policies,
including Section 1.1.2, which states that “sufficient land shall be made available to
accommodate an appropriate range and mix of land uses to meet projected needs for a time
horizon of up to 20 years”.
Section 1.1.3 provides polices related to settlement areas, stating that growth shall be
focused to settlement areas. Section 1.1.3.6 states that new development within designated
growth areas shall be located adjacent to the existing built-up area and shall have “a
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Official Plan and Zoning By-law Amendment | 50 Bute Street, Ayr
GSP Group | February 2015
compact form, mix of uses and densities that allow for the efficient use of land, infrastructure
and public service facilities”.
Section 1.4 provides policies related to housing and states that an appropriate range of
housing types and densities shall be provided to meet the need of current and future
residents. Section 1.4.3 states that new housing that efficiently uses land, resources,
infrastructure and public service facilities shall be promoted. Development standards for
new residential development shall minimize housing costs and facilitate compact form.
Section 2.1 of the PPS contains policies regarding the protection of natural heritage
resources, which is applicable to the Site and the Proposed Development. The majority of
the Site (12.6 hectares) forms part of the natural heritage system, and contains a wetland
and woodlot, as well as the floodplain area associated with the Nith River. The relevant
natural heritage policies of the PPS state:
2.1.1
Natural features and areas shall be protected for the long term.
2.1.2
The diversity and connectivity of natural features in an area, and the long-term
ecological function and biodiversity of natural heritage systems, should be
maintained, restored or, where possible, improved, recognizing linkages between
and among natural heritage features and areas, surface water features and ground
water features.
2.1.3
Natural heritage systems shall be identified in Ecoregions 6E & 7E1 , recognizing
that natural heritage systems will vary in size and form in settlement areas, rural
areas, and prime agricultural areas.
In summary, the PPS promotes intensification within the built-up area, compact
development and the efficient use of land and infrastructure as well as the provision of a
range of housing types and densities, while protecting natural heritage features. The PPS
supports efficient and cost-effective land use patterns and encourages new development to
occur adjacent to the existing built-up area. The PPS also directs for the preservation and
enhancement of natural heritage systems for the long term.
3.2
Growth Plan for the Greater Golden Horseshoe
The Province released the Growth Plan for the Greater Golden Horseshoe (the “Growth
Plan”) in 2006 to manage growth in Ontario. In keeping with the PPS, the objectives of the
Growth Plan include:


Offering a range of housing types;
Discouraging urban sprawl and protecting agricultural and open space land; and
Official Plan and Zoning By-law Amendment | 50 Bute Street, Ayr
GSP Group | February 2015
5
Section 2.2.2.1(a) and (i) of the Growth Plan states that population and employment growth
will be accommodated by directing a significant portion of new growth to the built-up areas
of the community through intensification and directing development to settlement areas.
Section 2.2.7 outlines specific policies for designated greenfield areas. New development
in designated greenfield areas is intended to be planned and developed such that it
contributes to creating complete communities, provides a mix of land uses and is supportive
of the existing urban fabric and supports walking and transit (if available).
Designated greenfield areas are intended to achieve a minimum density target of 50
residents and jobs combined per hectare (to be measured over the entire greenfield area of
the upper tier or single tier municipality).
In summary, the Growth Plan directs growth to the built-up area, discourages urban sprawl
and the consumption of agricultural land for urban land uses and promotes new
development to be of a suitable scale and density to support complete communities.
3.3
Region of Waterloo Official Plan
The new Region of Waterloo Official Plan (the “new ROP”) was adopted in June 2009 and
was approved by the Ministry of Municipal Affairs and Housing in December 2010. However,
the new ROP was subsequently appealed in its entirety to the Ontario Municipal Board, and
as such is technically not in force and effect. As such, the future development of the Site will
be considered under the existing ROPP. Although the new ROP is technically not in effect
at this point in time, it is important to highlight the key policy considerations that may
influence the future development of the Site.
The new ROP indicates that the Site is within the Township Urban Area on Schedule 3e as
shown on Figure 4, and also within the Built Up Area. Township Urban Areas are intended
to serve as the primary focus for non-Urban Area growth (i.e. the Cities of Waterloo,
Cambridge and Kitchener) and are to be the focus for social, cultural and economic
development activities within the Townships.
Section 2.D.17 of the ROP directs development in the Urban Designated Greenfield Areas
to be planned and developed in accordance with Section 2.D.1 as follows:
6
(a)
supports the Planned Community Structure described in this Plan;
(c)
contributes to the creation of complete communities with development
patterns, densities and an appropriate mix of land uses that supports
walking, cycling and the use of transit;
(d)
protects the natural environment, and surface water and groundwater
resources;
Official Plan and Zoning By-law Amendment | 50 Bute Street, Ayr
GSP Group | February 2015
A
Site
WRIG
!
!
!
LEGEND
RD
ve r
Built-Up Area*
FLORADA
LE
Township Urban Area
Township Designated
Greenfield Areas
!
!
!
Township Urban
Area Boundary
Township Urban
Growth Centre
y Map
!
Figure 4
Regional Official Plan - Ayr Urban Area
Will-O Homes - 50 Bute St, Ayr
Source: Region of Waterloo Official Plan Map 3e (2010)
Further, Section 2.E.6 directs development in the Designated Greenfield Area to be planned
to conform to Section 2.D.17 as follows:
(a)
(c)
(d)
(g)
conform to the general development provisions described in Policy
2.D.17;
establish a network of continuous sidewalks, community trails and
bicycle pathways that provide direct, safe, comfortable and convenient
linkages within the neighbourhood and externally to other
neighbourhoods, including linkages to transit stops, employment
areas, school sites, food destinations and community facilities;
provide any required easements, land dedications and pedestrian
amenities in accordance with Policy 5.A.3 to support walking, cycling
and existing or planned transit services for everyday activities;
discourage the use of noise attenuation walls and berms through the
use of passive noise attenuation measures in accordance with Policy
2.G.15.
In addition Section 2.E.6 outlines a density target of 45 residents and jobs combined per
hectare along with a development pattern that supports the integration of existing or future
transit networks and is serviced by municipal drinking water and wastewater services.
Policy 3.A.2 states that area municipalities are to plan for an appropriate range of housing
(i.e. form, tenure, density and affordability) to meet the needs of current and future residents.
The Region will encourage area municipalities to permit, wherever appropriate, individual
lot intensification where “health, safety, servicing and other reasonable standards or criteria
can be met”.
3.4
Township of North Dumfries Official Plan
The Site is identified within the Ayr Urban Area on Map 2A and is designated “Urban
Residential and Ancillary” with the “Open Space” overlay applying to the entire Site as
shown on Figure 5.
The goals of the OP include:
1.4(7)
To concentrate the majority of growth in the Township within the Ayr
Urban Area, with limited growth in designated Rural Settlement Areas
and Industrial/Commercial Areas where municipal services can be
provided in a cost effective and environmentally responsible manner.
1.4(8)
To encourage a range of housing types, sizes and densities to meet
the needs of existing and future residents.
Official Plan and Zoning By-law Amendment | 50 Bute Street, Ayr
GSP Group | February 2015
7
Site
Figure 5
North Dumfries Official Plan - Ayr Urban Area
Will-O Homes - 50 Bute St, Ayr
Source: Township of North Dumfries Official Plan Map 2.1 (Jan 2008)
Section 2.1.1 of the OP describes the settlement pattern of the Ayr Urban Area as “a fully
serviced urban area containing a broad range of residential, commercial, industrial,
recreational and institutional uses”. The Ayr Urban Area “is intended to accommodate the
majority of future residential growth within the Township”. Section 2.2.3, Table 2, states that
740 new residential units are projected to be developed within the Ayr Urban Area between
1995 and 2016.
Policies for the Urban Residential and Ancillary land use designation are contained in
Section 2.4.1 of the OP. Section 2.4.1.1 states:
The Urban Residential and Ancillary designation provides for the development
of residential and associated ancillary uses on full municipal services within
the Ayr Urban Area. Within this designation a mix in housing types and
densities will be encouraged in accordance with the policies as contained in
Section 3.2 of this Plan.
Section 3.1 of the Township OP contains policies for development compatibility as follows:
The Township will encourage development that is compatible with the location,
density and other characteristics of surrounding land uses. Compatibility will
address both the impacts of surrounding land uses on the proposed
development, as well as impacts of the proposed development on surrounding
land uses. Factors that will be used to assess the compatibility of a proposed
development include:
a)
b)
c)
d)
e)
f)
g)
the density, scale, height, massing, visual impact, building materials and
architectural character of surrounding buildings and the proposed
development;
the preservation of the natural environment and built heritage resources;
the continued visibility and viability of adjacent land uses;
pedestrian and vehicular movement and linkages, and parking requirements;
landscaping, setbacks, sun and shadow effects, wind effects, signage, lighting
and buffering of proposed and existing developments;
noise, dust, emissions or odours generated by surrounding land uses as well
as the proposed development; and,
traffic generated by surrounding land uses and the proposed development.
In addition to the above compatibility criteria the Township OP contains policies directing
any development that may be adversely affected by noise (traffic, rail and stationary
sources) to provide a noise study to address potential impacts (section 3.1.4.1).
Additional residential policies are provided in Section 3.2.3.2. This Section states that the
Township will encourage a full range and mix of housing types and tenures, and affordable
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Official Plan and Zoning By-law Amendment | 50 Bute Street, Ayr
GSP Group | February 2015
ownership by “providing opportunities through the designation and appropriate zoning of
land for a minimum of 30% new housing to be smaller-lot single detached units, semidetached units, duplexes, townhouses and apartments”.
The Open Space overlay applies to the entire Site. Section 2.4.8 of the Official Plan outlines
the policies of the Open Space designation:
2.4.8.1 The Open Space designation will be applied to conservation areas, major public
parks, privately owned recreation areas, cemeteries, appropriate heritage features,
fairgrounds, golf courses, camping facilities and recreational trailer parks.
2.4.8.2 Where lands are designated as Open Space on Map 2A and Environmental
Constraint on Map 2B, uses permitted within the Open Space designation will be
subject to the restrictions as established through the policies contained in Sections
6.1 and 6.2 of this Plan.
2.4.8.3 Specific uses within the Open Space designation will be regulated through the
Township Zoning By-law.
An amendment is required to the Official Plan to provide for a Special Policy Area on the
Site to permit a multiple residential development, and to refine the Open Space overlay
boundary, such that it does not apply to the 1.6 hectare developable portion of the Site. The
12.6 hectare balance of the Site will maintain the Open Space overlay. The Official Plan
amendment is detailed in Section 5.1 of this Report.
3.5
Township of North Dumfries New Official Plan
The Township of North Dumfries initiated a comprehensive five-year review of the Official
Plan in 2011. A new Township of North Dumfries Official Plan (the “new OP”) was adopted
by Township Council in December 2013. The new OP requires Region of Waterloo Council
approval to bring it into full force and effect. The policies and land use designations of the
existing OP continue to apply to the Site. However, for the purposes of this report and to
understand the future intentions for the Site and surrounding lands, the proposed land use
designations and key policy considerations of the new OP are highlighted below.
The Site is designated “Open Space” on Map 2 with a portion of the Site that fronts onto
Bute Street designated “Urban Residential and Ancillary” on Map No. 2.1 of the new OP as
shown on Figure 6 within the Ayr Urban Area
Section 2.6.9 of the new OP outlines the Open Space policies:
2.6.9.1 The Open Space designation will be applied to conservation areas, major public
parks, privately owned recreation areas, cemeteries, appropriate heritage features,
fairgrounds, golf courses, camping facilities and recreational trailer parks. This
Official Plan and Zoning By-law Amendment | 50 Bute Street, Ayr
GSP Group | February 2015
9
Policy
Area 2.7.7
NO
H
RT
UM
BE
RLA
ND
ST
S
P
Are
SC
ST
STANLEY
Special
Policy
Area 2.7.6
MAIN
ST
Site
Agricultural
40
1
SpecialLEGEND
Policy
Area 2.7.10
HW
Y
Urban Growth Centre
General Industrial
Special
SWAN
Policy
Open Space Area 2.7.6
Ayr Urban
Area Boundary
ST
Urban Residential and Ancillary
Special Policy
Special
Policy
Area 2.7.9
Special Policy Area
Area 2.7.10
Figure 6
North Dumfries Draft Official Plan - Ayr Land Use
Will-O Homes - 50 Bute St, Ayr
Source: Township of North Dumfries Draft Official Plan Map 2.1 (Sept 2013)
designation is also intended to accommodate for a range of recreational and tourism
uses in the Countryside as provided for in the ROP.
Section 2.1.1 of the new OP continues to designate the Ayr Urban Area as the primary focus
for growth in the Township. Development within the Ayr Urban Area is to provide for a range
of uses predominately directed to the Urban Growth Centre and Designated Greenfield
Area.
Section 2.5 of the new OP contains policies for Designated Greenfield Areas. The Township
will ensure that residential development occurring in the Designated Greenfield Areas will
be planned to conform to the policies of Section 2.D of the new ROP (see above), and meet
or exceed a minimum density target of 45 residents and jobs combine per hectare.
Section 2.7.2 directs that development occurring within the Ayr Urban Area is planned to:
(a)
(b)
(c)
(d)
(e)
(g)
support the Planned Township Structure;
contribute to the creation of complete communities with development
patterns, densities and an appropriate range and mix of land uses that
supports walking, cycling and the use of transit;
protect the natural environment, and surface water and groundwater
resources;
conserve cultural heritage resources and support the adaptive reuse of
historic buildings;
respect the scale, physical character and context of established
neighbourhoods in areas where reurbanization is planned to occur;
promote building designs and orientations that incorporate energy
conservation features and the use of alternative and/or renewable
energy systems.
Section 3.1 outlines compatibility policies to direct new development as follows:
“The Township will plan and provide for development that has a diverse and
compatible mix of land uses, including residential and employment uses, to
support and encourage the creation of complete communities.”
Section 3.1.1.2 provides for compatibility as follows:
“The Township will prevent or minimize potential adverse effects due to the
encroachment of sensitive land uses and potentially incompatible uses on one
another. Compatible uses may be encouraged as a buffer between sensitive
land uses and industrial areas, where the intervening use is compatible within
both industry and the sensitive land use.”
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Official Plan and Zoning By-law Amendment | 50 Bute Street, Ayr
GSP Group | February 2015
In addition to the above policies the new OP also includes policies requiring the submission
of a noise study (Section 3.1.4) in support of development to ensure that there are no
negative impacts, or that there are mitigation measures put in place.
Finally, a range and mix of housing types is promoted in Section 3.2.2 of the new OP as
follows:
“The Township will encourage the development and integration of a diverse
range and mix of housing types and tenure options consistent with the density
targets established in Section 2.5 of this Plan to ensure the Township is
providing housing alternatives to promote complete communities that meet the
needs of existing and future township residents.”
An Official Plan amendment is required to implement the Proposed Development.
The Official Plan Amendment is detailed in Section 5.1 of this Report.
3.6
Township of North Dumfries Zoning By-law
The Site is zoned “Zone 12” in the Township of North Dumfries Zoning By-law 689-83 as
shown on Figure 7. Zone 12 is an open space zone, and permits public parks, playgrounds,
conservation areas, recreation areas, arboretums, wildlife sanctuaries and farming.
Residential uses are not permitted.
A Zoning By-law Amendment is required to rezone Zone 12 to a site-specific Zone 5 for the
1.6 hectare developable portion of the Site and to incorporate the corresponding regulations
for the townhouses. The 12.6 hectare balance of the site will remain as Zone 12. The sitespecific Zoning By-law Amendment is outlined in more detail in Section 5.2 of this Report.
Official Plan and Zoning By-law Amendment | 50 Bute Street, Ayr
GSP Group | February 2015
11
Site
Figure 7
North Dumfries Zoning By-law
Will-O Homes - 50 Bute St, Ayr
Source: Township of North Dumfries Zoning By-law Schedule B Map 139 (Jan 2012)
4. TECHNICAL STUDIES
4.1
Traffic Generation Assessment
Salvini Consulting prepared a Traffic Generation Assessment in support of the Official Plan
and Zoning By-law amendments to permit the Proposed Development on the Site. The
table below summarizes the anticipated traffic generation from the Proposed Development,
specifically as it relates to traffic on McRae Drive and traffic on Bute Street.
Total Estimated Site Traffic
AM Peak Hour
In
Out
Total
4
16
20
PM Peak Hour
In
Out
Total
14
11
25
2
10
12
9
4
13
2
6
8
4
4
5
7
12
6
6
To/From the North
Via Northumberland
 using McRae
To/From the South
Via Northumberland

using McRae
 using Bute
Traffic on McRae
Traffic on Bute
4.2
16
4
19
6
Functional Servicing Report
Meritech Engineering prepared the Functional Servicing Report in support of the Official
Plan and Zoning By-law amendments to permit the Proposed Development on the Site. The
conclusions and recommendations of Meritech’s report are summarized below.
Conclusions
12

Capacity in the existing sanitary storm sewer system and at the Wastewater
Treatment Plant exists for this development.

A combination of 150mm and 200mm diameter watermain in the site to the internal
hydrants provide adequate flow and pressure as per MOE and Region of Waterloo
guidelines for firefighting supply; the remainder of the domestic supply to the site is
via a 50mm diameter main.

Post-development unattenuated flows exceed pre-development flows and,
therefore, peak flow attenuation is required. The stormwater management plan
includes an oil/grit separator and an infiltrating facility to attenuate storm events up
to the 5-year design storm. Runoff from the site in the major storm is proposed to
be discharged directly to the Nith River.
Official Plan and Zoning By-law Amendment | 50 Bute Street, Ayr
GSP Group | February 2015

As native soils are conducive to infiltration, infiltration is recommended. Maintaining
the pre-development infiltration volume is feasible with the addition of the infiltrating
SWM facilities and/or soak away pits.
Recommendations
4.3


Buildings should have sump pumps and roof drains that discharge to grade.
The manufacturer’s maintenance schedule for the Stormceptor should be followed
to ensure its continual effective removal of pollutants.

Detailed design of the onsite sanitary pumping station, including verification of the
pumping requirements and size of wet well, should be completed in the next phase
of the project.

Approval agencies should review and approve this document as a suitable approach
to a preliminary design configuration and re-zoning approval.
Preliminary Stormwater Management Plan
Meritech Engineering prepared the Preliminary Stormwater Management Plan and Report
in support of the Official Plan and Zoning By-law amendments to permit the Proposed
Development on the Site. The conclusions and recommendations of Meritech’s plan and
report are summarized below.
Conclusions

Post-development attenuated flows exceed pre-development flows and, therefore,
peak flow attenuation is required.

The proposed stormwater management facility meets the design objectives for water
quality and water quantity (flood) control. The facility includes: an infiltrating
stormwater management pond and a maintenance hole outlet structure complete
with a 150mm diameter orifice to attenuate various storm events.

Various storm events up to the 5-year, 3-hour storm are attenuated to below peak
flow rates. Infiltration is recommended, and matching annual pre-development
infiltration volumes is feasible
Recommendations

Detailed design to include sizing and location of soak away pits for water balance.

Runoff from external lands should be redirected away from this site, as much as
possible, if the external lands are developed in the future.

The manufacturer’s recommended maintenance schedule for the Stormceptor
should be followed to ensure continued effective pollutant removal.
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13

4.4
Approval agencies should review and approve this document as a suitable approach
to a final design configuration and approval of zone change.
Environmental Impact Study
Natural Resource Solutions Inc. prepared an Environmental Impact Study (EIS) in support
of the Official Plan and Zoning By-law amendments to permit the Proposed Development
on the Site.
NRSI was retained by Will-O Homes Inc. to complete an EIS to address potential impacts
associated with a proposed residential development at 50 Bute Street, in Ayr, Ontario. The
intent of the EIS was to identify and characterize the natural features within the Site,
recommend appropriate buffers, identify potential impacts associated with the development,
and recommend appropriate mitigation measures.
General habitat types within the subject property are comprised of woodland, wetland,
manicured lawn, meadow remnants and scattered trees. The Proposed Development area
is located within the northern portion of the subject property, containing meadow and
coniferous plantation, which has been subject to anthropogenic influence. Portions of the
subject property that are outside of the proposed development footprint contain Provincially
Significant Wetland, Significant Woodland, Significant Wildlife Habitat, and habitat for
regionally significant wildlife. Natural feature constraints were used to guide the layout of
the Concept Plan to mitigate the potential for direct and indirect impacts on these identified
features where possible, and appropriate buffers were recommended.
Direct impacts associated with this undertaking are tree removal and vegetation clearing.
Recommendations have been made for the timing of vegetation removal activities to
mitigate or eliminate impacts to migratory birds.
Mitigation is provided to avoid and minimize indirect impacts to natural features and wildlife.
Water quality and quantity impacts are addressed in the Stormwater Management, and
Functional Servicing Reports prepared by Meritech Engineering (2014a, b). These reports
also include a preliminary sediment and erosion control plan to avoid indirect impacts to the
natural features and will be finalized during the detailed design stage. The placement of the
stormwater management block outflow within the recommended buffers will result in some
loss of vegetation, albeit temporary and no long-term impacts are expected.
The EIS provides recommendations to minimize impacts and ensure that mitigative
measures are installed and functioning properly. There are also recommendations for a
monitoring program to ensure impacts to important natural features are not realized.
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4.5
Slope Stability Assessment
LVM prepared the Slope Stability Assessment in support of the Official Plan and Zoning Bylaw Amendments to permit the Proposed Development on the Site.
The purpose of the Slope Stability Assessment was to determine the soil and groundwater
conditions at the site and, based on this information, determine the stability of the existing
slope and provide appropriate development setbacks from the top of slope. Additional
geotechnical investigation work will be necessary as the condominium planning progresses.
This investigation was carried out concurrently with a scoped hydrogeological study of the
Site. The conclusions and recommendations of the Slope Stability Assessment area as
follows:
The results of the slope stability analyses show that the steepest slope section
(reference is given to cross-section A-A’) located in the west portion of the slope is
stable with a factor of safety of 1.1 at its current inclination. Based on the results of
the analyses, the central and east portions of the slope under investigation are stable
with a factor of safety of 1.5 or greater at its current inclinations.
Based on the GRCA policies, a minimum factor of safety of 1.5 was used in order to
determine an appropriate development setback from the top of slope. A number of
analyses were carried out for cross-section A-A’, where the current factor of safety
if less than 1.5, in order to determine the setback required to achieve a factor of
safety of 1.5. The setback was determined based on the point at which the failure
slip circle (for a factor of safety of 1.5) intersects with the crest of the slope. Based
on our analyses slope inclinations of 2.5 H to 1 V are required in order to achieve a
stable slope for a Factor of Safety of 1.5.
When a river channel is within 15 m of the toe of a slope, and there is evidence of
toe erosion, the toe erosion allowance has to be considered. The subject slope is
located more than 15 m north of the Nith River and the toe erosion setback is not
considered applicable.
GRCA policy requires that structures be set back an additional 6 to 15 m from the
long-term stable slope for access in the case of slope failure. It is our opinion that a
6 m setback would be sufficient; however, this setback should be confirmed with the
GRCA.
Based on the slope stability analyses completed for this site, the recommended total
development setback varies between 6 and 8.5 m. The total development setback,
including the erosion setback (not applicable for this slope), stable slope setback,
and access setback has been illustrated on Drawing 3, Detailed Site Plan and
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15
Drawing 4, Cross-Sections A-A’ to D-D’. The layout and design of the new residential
development is still preliminary and conceptual; however, a concept plan of the
proposed development (GSP Group, Project No. 13120.93, dated 2013-08-27) has
been included in Drawing 4.
It is recommended that post development surface run-off be directed away from the
slopes. The vegetation on the slope and floodplain should be maintained to protect
against surficial erosion leading to slope instabilities. No fill should be placed at the
crest of the slope or over the face of the existing slope unless the fill placement is
engineered. No excavation work should be carried out on or at the slope bottom.
4.6
Scoped Hydrogeology Study Report
LVM prepared the Scoped Hydrogeology Study Report in support of the Official Plan and
Zoning By-law Amendments to permit the Proposed Development on the Site.
The conclusions of the Scoped Hydrogeology Study Report are:
The subsurface lithology of the proposed development area generally consists of
sand (and gravel) deposits of varying composition on top of silt (and silt till). The
granular deposits are partially saturated, and this groundwater is recognized to
belong to the Shallow Overburden Aquifer. Groundwater flows southwards, creating
seepage zones at the toe of the slope, and eventually discharging into the Nith River.
Surface runoff and meltwater runoff are eroding the slopes retrogressively, causing
the formation of gullies along the slope face.
The soil and groundwater conditions of the development area suggest sufficient
infiltration capacity of precipitation from rooftops and other impervious surfaces
exists, if slope drainage and buildup of pore pressure is carefully addressed.
The recommendations of the Scoped Hydrogeology Study Report are:
While infiltration rates within the development area must be maintained, drainage of
the slope needs to be considered for erosion control and slope stability measure.
Under certain conditions, construction activities can cause enhanced slope
instability when increasing the load on the slope, or when backwater builds up.
Drainage of the slope should be engineered, especially if backfill of the gullies will
be required. LVM recommends conducting regular inspections during construction
and a post-construction survey to assess changes to slope drainage. Preserving
wooded areas on the slopes would help to drain the clayey soils and keep the slopes
stable. Additional conservation measures such as maintaining a permanent
vegetation cover would reduce soil erosion by surface runoff. Gully erosion can be
difficult to control if remedial measures are not designed and properly constructed.
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Collected runoff from the proposed development and from slope drainage should
not drain directly into the Nith River, but should instead be directed through erosionmitigating measures along the slope in order to maintain inputs to the wetland areas.
The proposed at-source infiltration infrastructure on the property should mitigate any
potential negative impact to wetlands and the Nith River. A Chloride Impact
Assessment is also recommended for the site.
At this time no additional groundwater monitoring is planned. However, LVM
recommends monitoring water levels before, during, and after construction to ensure
that groundwater conditions are not undesirably impacted.
4.7
Phase I Environmental Site Assessment Report
LVM prepared the Phase I Environmental Site Assessment Report in support of the Official
Plan and Zoning By-law Amendments to permit the Proposed Development on the Site.
The Phase I ESA was completed in general accordance with Ontario Regulation 153/04 (O.
Reg. 153/04) as amended. LVM understands that future development of the Site as a
residential subdivision has been proposed, and that filing a Record of Site Condition (RSC)
with the Ontario Ministry of the Environment (MOE) will be required.
The assessment includes a review of historical archival information for the Site and
surrounding properties, interviews with the Site Representative and regulatory personnel, a
Site reconnaissance, and a final report on the findings of the assessment. No intrusive
investigation or chemical testing was carried out as part of this Phase I ESA. In addition,
The Phase I ESA did not include an assessment of biological features or related aspects of
the natural environment.
The conclusions of the Phase I ESA are:
Based on the information obtained as part of this investigation, Areas of Potential
Environmental Concern (APECs) were identified on the Site. Therefore, a
subsurface environmental investigation (i.e. Phase II ESA) will be required and is
recommended, in order to assess the environmental quality of the soil and
groundwater on the Site.
4.8
Phase II Environmental Site Assessment Report
LVM prepared the Phase II Environmental Site Assessment Report in support of the Official
Plan and Zoning By-law Amendments to permit the Proposed Development on the Site.
The conclusions of the Phase II ESA are:
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17
Based on a the soil and groundwater analytical data collected from the investigative
locations and submitted to the laboratory for select chemical analyses, including
PHC F1–F4, VOCs, PAHs, Metals and OC Pesticides, the soil and groundwater
samples meet the MOE Table 1 Standards, with one minor exception. Antimony was
identified in groundwater samples collected from monitoring well BH-03A-13
(located on the northern portion of the Phase Two Property), at concentrations
ranging from 1.99 and 2.06 µg/L, greater than the MOE Table 1 Standard of 1.5
µg/L. It should be noted that the Ontario Drinking Water Standard for Antimony is 6
µg/L.
4.8
Noise Study
HGC Engineering prepared the Noise Study in support of the Official Plan and Zoning By-law
Amendments to permit the Proposed Development on the Site:
The following list summarizes the recommendations made in the Noise Study Report:
1. Central air conditioning is required for dwellings with direct exposure to the CP railway.
Forced air ventilation systems with ductwork sized for the future installation of central
air conditioning will be required for dwellings with some exposure to the CP railway. The
location, installation and sound ratings of the air conditioning devices should comply
with NPC-300, as applicable.
2. Brick exterior construction is required from foundation to rafters for the first row of
dwellings adjacent to the railway.
3. Upgraded glazing requirements are required for some dwellings in the proposed
development.
4. Warning clauses are required in the property and tenancy agreements and offers of
purchase and sale in order to inform future owners/tenants of the sound and vibration
level excesses.
The recommendations are provided in regard to noise mitigation in the table below:
Prediction
Acoustic
Ventilation
Type of
Required STC
Brick
Location
Barrier
Requirements
Warning
for Glazing
Exterior Wall
Clause
LRDR/BR
Construction
A, B
√
Central A/C
A, C, D, E, F
STC-33/STC-35
√
C
--
Central A/C
A, C, E, F
STC-30/STC-31
--
D
--
Central A/C
A, C, E, F
OBC
--
E
--
Central A/C
A, C, E, F
OBC
--
F
--
Forced Air
A, B, E, F
OBC
--
-- no specific requirement
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*The location, installation and sound rating of the air conditioning condensers must be compliant
with MOE Guideline NPC-300, as applicable
OBC – meeting the minimum requirements of the Ontario Building Code
It is anticipated that the recommendations of the Noise Study, including the requirements
for noise attenuation berms and walls, noise warning clauses and specific design
considerations for the units identified in the Noise Study, will be dealt with in the future via
the Site Plan Agreement or a Development Agreement.
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5. PROPOSED APPLICATIONS
5.1
Proposed Official Plan Amendment
As stated in Section 3.4 of this Report, the Site is currently designated Urban Residential
with an Open Space overlay over the entirety of the Site.
The Official Plan Amendment requests the removal of the Open Space overlay from the 1.6
hectare developable portion of the Site. Through the technical studies that have been
undertaken, specifically the Environmental Impact Study that was prepared by Natural
Resource Solutions Inc., it has been determined that this 1.6 hectare portion of the Site
does not contain any of the significant natural heritage features, nor does it form part of the
required buffer areas to support these features and their respective ecological functions.
The Open Space overlay will remain on the balance of the Site (~12.6 hectares).
The Official Plan Amendment also requests that a Special Policy Area be applied to the Site
to permit a multiple residential development of row buildings on a private condominium road.
The proposed Official Plan Amendment is included as Appendix A to this report.
5.2
Proposed Zoning By-law Amendment
The Site is currently zoned Zone 12 in the Township of North Dumfries Zoning By-law No.
689-83. This is the Open Space zone and does not permit residential development.
The Zoning By-law Amendment requests that the 1.6 hectare developable portion of the
Site be rezoned to a site-specific Zone 5. The Zone 5 is a residential zone, however, sitespecific regulations are required to implement the Proposed Development, as the Township
By-law does not currently have a parent zone for multiple residential development.
The site-specific Zone 5 would permit the development of a Residential Building – Row, on
the Site, per the amended definition included below and that the proposed condominium
townhouse use be defined in the Zoning By-law. While the Zoning By-law defines a
“Residential Building – Row”, the use is not permitted in any of the zones in the By-law and
is specific to a townhouse development fronting onto a public road. In the instance of this
Zoning By-law Amendment, the townhouses will be situated on private, internal
condominium roads.
In the Township’s Zoning By-law No. 689-83, “Residential Building – Row” is defined as:
“[A] Residential building containing three (3) or more dwelling units, each of
which faces onto a public street and each of which has a separate entrance at
grade level and is separated from its neighbour by a continuous vertical party
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wall without opening and extending from the base of the foundation to the
roof.”
The site-specific exemption could include a similar definition with the exception that the
Proposed Development will be located on a Private Condominium Road, which will have
direct access to a public street.
“[A] Residential building containing three (3) or more dwelling units, which face
onto a private condominium road and each of which has a separate entrance
at grade level and is separated from its neighbour by a continuous vertical
party wall without opening and extending from the base of the foundation to
the roof.”
A side yard setback of 30 metres at the northern property limit (abutting the CP rail line) will
also be incorporated into the site-specific Zoning By-law Amendment.
The proposed Zoning By-law Amendment is included as Appendix A to this report.
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6. PLANNING JUSTIFICATION
6.1
Context and Site Suitability
The Site is located on Bute Street, at the termination of McRae Street, in Ayr, in the
Township of North Dumfries. The Site is northwest of the downtown of the Village of Ayr,
and had access to Northumberland Road via Bute Street and McRae Street.
The Site is within the built up area (Ayr) of the Township of North Dumfries, and is within
close proximity to the downtown area of the Village of Ayr. There are service and
commercial uses within walking or driving distance in both the downtown area of Ayr and
other parts of the Township.
The Site was previously used for a single detached dwelling, which has since been relocated
to a neighbouring property. Located to the immediate north of the Site is an industrial use,
to the immediate south is a single detached dwelling, and to the immediate west is the Nith
River.
The northern limit of the Site abuts an active CP rail line (the Ayr Pit Spur Line). Accordingly,
a Noise Study was prepared and it was determined that a 30 metre setback, as well as a
noise berm and wall of a combined height of 5.5 metres is necessary to mitigate any noise
issues on Site. The Development Concept has been prepared to accommodate both the
setback requirement, the berm and noise wall and the grading requirements of installing the
berm and wall. The dwellings that are located adjacent to the rail line will be constructed to
implement the acoustical requirements of the Noise Study, and will have either central air
conditioning or forced air systems to accommodate future central air conditioning installed
to further mitigate any noise concerns.
The Proposed Development provides first and foremost for the protection of the natural
heritage features on the Site. The 1.6 hectare developable portion of the Site was
determined through a thorough assessment of the natural heritage features, as it was
determined that this portion does not contain any of the natural heritage features or
associated buffers. The 12.6 hectare balance of the Site that contains the Provincially
Significant Wetland, Significant Woodlot and Significant Wildlife Habitat, and Nith River
floodplain will remain undisturbed and protected.
Additionally, through the development of the Site, there is the potential for the Township of
North Dumfries and/or the Grand River Conservation Authority to have the lands that front
onto the Nith River dedicated to them. This could ultimately result in the provision of public
access to the Nith River and a comprehensive trail system along the River.
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6.2
Policy and Regulatory Overview
6.2.1
Provincial Policy
The Proposed Development is consistent with the Provincial Policy Statement, 2014. The
PPS directs development to the built-up areas of a municipality, and encourages
intensification, compact form and variety in housing.
The Proposed Development is an intensification of an existing Site within close proximity to
the downtown area of the Village of Ayr, and is efficiently serviced by existing infrastructure.
The Proposed Development will result in more housing variety being available within the
immediate area and the Township of North Dumfries, and achieves a higher density than
that which exists currently.
Additionally, the Proposed Development is consistent with the Natural Heritage policies of
the PPS, as it involves the protection and enhancement of the significant environmental
features on the Site through the establishment of no-touch and buffer areas.
The Proposed Development conforms to the Growth Plan for the Greater Golden
Horseshoe. The Proposed Development is within the Ayr Village area of the Township of
North Dumfries, and an existing underutilized property. It provides for a variety of the form
of housing available within both the Township and the Village, and contributes to the
creation of a complete community within Ayr. While the Proposed Development is of a more
dense housing form than that of a single detached development, the scale, form and
massing is suitable to the site and compatible with the surrounding area.
6.2.2
Regional Policy
The Proposed Development conforms to the Region of Waterloo Official Plan as it is for a
residential use within the Urban Designated Greenfield Area of the Township Urban Area
(Built-Up Area). These areas are intended to accommodate growth, and be the central
areas for development activity.
Additionally, the Proposed Development is an intensification of an existing Site and will
assist with the Township of North Dumfries in achieving their density targets.
6.2.3
Township Policy
The Proposed Development conforms to the in-force Township of North Dumfries Official
Plan, as it is a form of residential intensification on an infill site that is compatible with
surrounding area in terms of massing, setback, and height. The Site is within the Ayr Urban
Area, which is where new growth is intended to be concentrated, and where a full range and
mix of housing types are to be accommodated.
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The Site is fully serviced and the Proposed Development will implement the
recommendations of the Noise Study (noise berm and wall) to mitigate any potential impacts
from the CP rail line at the northern limits of the property, per the requirements of the OP.
The Open Space overlay will still apply to the 12.6 hectare balance of the Site, and the
environmental features will be protected and appropriately buffered. The Environmental
Impact Study that was undertaken in support of the Official Plan and Zoning By-law
Amendments has assessed the entire Site in order to determine the extent of the natural
heritage features. The EIS has determined that the proposed 1.6 hectare developable
portion of the Site does not contain any environmental features, nor the required buffering
for the same. As such the refinement of the Open Space overlay and the removal of it from
the developable portion of the Site conforms to the policies of the Official Plan.
The Proposed Development also conforms to the new Official Plan. Similarly to the policies
of the in-force OP, the new OP directs development to the Built-Up area of the Township,
and encourages a range of housing options in forms which are compatible. The Proposed
Development conforms to these policies as it is for a condominium townhouse development
of a massing and scale that fits in well with the surrounding area.
Additionally, the Open Space overlay policies that are proposed will continue to apply to the
undevelopable portion of the Site, and the environmental features on Site will be protected
and appropriately buffered.
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7. SUMMARY AND CONCLUSIONS
GSP Group Inc., leading a team of consultants that includes Meritech Engineering, Natural
Resource Solutions Inc., LVM, HGC Engineering, and Salvini Consulting Ltd., on behalf of
Will-O Homes, has submitted this Planning Justification Report in support of applications for
Official Plan and Zoning By-law Amendments for the property known as 50 Bute Street, Ayr.
Will-O Homes is proposing a 33 unit condominium townhouse development on the 1.6
hectare developable portion of a Site that is a total of 14.2 hectares. The 12.6 hectare
balance of the Site will remain undeveloped and designated and zoned accordingly. The
Proposed Development provides for a 30 metre setback from the northern limits of the Site
where it abuts the active CP Rail Ayr Sput Pit line, as well as a 30 metre slope stability
setback along the western (rear) limits. Within the 30 metre CP Rail setback, a 2.5 metre
tall noise berm on which a 3.0 metre tall noise will sit is proposed to mitigate noise from the
active rail line. The required buffers from the natural heritage features in the rear of the Site
are provided for and exceeded within the 30 metre slope stability setback.
An Official Plan Amendment to amend the boundary of the Open Space overlay to permit
development on the 1.6 hectare developable portion of the Site is required, as is a Special
Policy Area to permit a multiple residential development in the form of a condominium. A
Zoning By-law Amendment to permit the condominium townhouse development with sitespecific regulations is also required to implement the Proposed Development.
This Planning Justification Report has provided a description of the Proposed Development,
an overview and analysis of the provincial, regional and local planning policy framework,
and a summary of the supporting technical studies.
In summary, the Proposed Development is consistent with the Provincial Policy Statement,
2014, conforms to the Growth Plan for the Greater Golden Horseshoe, conforms to the
Region of Waterloo Official Plan, and conforms to both the in-force and draft Township of
North Dumfries Official Plans. The Proposed Development is supported by the various
technical studies that have been undertaken by the consultant team, and is suitable for the
Site. The Proposed Development, in our opinion, is appropriate and represents good land
use planning.
This Planning Justification Report has been prepared and reviewed by:
_____________________________________
Hugh Handy, MCIP, RPP
_____________________________________
Kendra Murphy, MCIP, RPP
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GSP Group | February 2015
25
APPENDIX A
Proposed Official Plan Amendment
Proposed Zoning By-law Amendment
PART A – THE PREAMBLE
PURPOSE(S)
The Corporation of the Township of North Dumfries (the “Township”) adopted Amendment Number XX
(the “Amendment”) to the Official Plan for the Township of North Dumfries (the “Official Plan”) for the
following purposes over the area of land designated for each purpose in the Amendment.
1. The purpose of the proposed official plan amendment is to redesignate a portion of this property
to permit medium residential dwellings (row houses) on a condominium road with respect to lands
described as Part of Lot 9, Municipal Compiled Plan 681, Township of North Dumfries, Regional
Municipality of Waterloo. Furthermore, Council recognizes that these lands have access to
municipal water and wastewater services that are available to service the future development of
the property.
EFFECT(S)
1. The effects of the Amendment, listed in the same order as its purpose(s), are to enable the
construction of, among other things, row townhouse dwellings, which are connected to municipal
infrastructure in the Ayr Urban Area located on Bute Street and south of the Canadian Pacific Rail
Line.
LOCATION
The subject lands are described as Part of Lot 9, Municipal Compiled Plan 681, Township of North Dumfries,
Regional Municipality of Waterloo.
The sections of the Amendment (listed in the same order as its purposes) are to be located in the Official
Plan by adding or amending policies within “CHAPTER 2:” by:
1. That Map 2.1 – Ayr Urban Area to the Township of North Dumfries Official Plan, as amended, as it
existed prior to this By-law is hereby further amended by changing the limits of the “Open Space
Overlay” on the Site as shown as Part 1 on Schedule ‘A’ to Official Plan Amendment XX attached to
and forming part of this By-law.
BASIS
Amendment XX amends the existing Official Plan to allow the establishment of residential land use
activities in the form of a condominium on Bute Street, south of the Canadian Pacific Rail Line.
The mapping change which is being introduced to the existing Township Official Plan is consistent with
the 2014 Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe,
and has regard to matters of provincial interest.
Furthermore, the mapping change which is being introduced to the existing Township Official Plan
conforms to the Regional Official Plan.
Amendment XX forms part of the Township’s responsibilities under Section 22 of the Planning Act.
The Regional Municipality of Waterloo is the approval authority for Official Plan Amendment XX.
The basis for the mapping amendment came from the considerations of Council that were based on the
recommendations from Township staff.
Amendment XX, in association with the related Application to amend the Township Official Plan, is
supported by reports including Environmental Impact Study prepared by Natural Resource Solutions Inc.,
Traffic Generation Assessment by Salvini Consulting, Functional Servicing Report by Meritech Engineering,
Preliminary Stormwater Management Plan by Meritech Engineering, Slope Stability Assessment by LVM,
Scoped Hydrogeology Study Report by LVM, Phase I Environmental Site Assessment Report by LVM, Phase
II Environmental Site Assessment Report by LVM, and Noise Study by HGC Engineering.
Amendment XX is related to Applications to amend the Township Official Plan, being File OPA-XX/XX, and
Zoning By-law, being File ZC-XX/XX.
PART B – THE AMENDMENT
INTRODUCTORY STATEMENT
All of this Part of the document entitled “PART B – THE AMENDMENT” and consisting of the following text
constitutes Amendment XX (the “Amendment”) to the Official Plan for the Township of North Dumfries
(the “Official Plan”).
DETAILS OF THE AMENDMENT
i. The Official Plan is hereby amended by:
a) amending Map 2.1 as shown on Schedule ‘A’ to Official Plan Amendment XX attached to and
forming part of this By-law.
IMPLEMENTATION AND INTERPRETATION OF THE AMENDMENET
The policies contained in this Amendment shall be interpreted according to all other policies in the Official
Plan. The Amendment will be implemented through by-laws of The Corporation of the Township of North
Dumfries upon their passage by Council to be consistent with the applicable Section(s) 24 in the Planning
Act, any regulations there under, and the policies of the Official Plan including those in this Amendment.
Policy
Area 2.7.7
NO
H
RT
UM
BE
RLA
ND
ST
S
P
Are
Redesignate from “Urban Residential and
Ancillary with Open Space Overlay
To Special Policy Area, “Urban Residential and
Ancillary” with Partial Open Space Overlay
SC
Special
Policy
Area 2.7.6
ST
STANLEY
MAIN
ST
Site
Agricultural
40
1
SpecialLEGEND
Policy
Area 2.7.10
HW
Y
Urban Growth Centre
General Industrial
Special
SWAN
Policy
Open Space Area 2.7.6
Ayr Urban
Area Boundary
Special Policy
Special Policy Area
Area 2.7.10
ST
Urban Residential and Ancillary
Special
Policy
Area 2.7.9
Draft Official Plan Amendment
THE CORPORTATION OF THE
TOWNSHIP OF NORTH DUMFRIES
BY-LAW NUMBER XXXX-15
A By-law to amend By-law Number 689-83, as amended, being a Zoning By-law for the Township of
North Dumfries;
WHEREAS an application was received from GSP Group Inc. on behalf of Will-O Homes, with respect
to lands described as Part of Lot 9, Municipal Compiled Plan 681, Township of North Dumfries, Regional
Municipality of Waterloo, to amend By-law Number 689-83, to change the present Zone 12 (Z.12) to a
site-specific Zone 5 (Z.5) to permit a multiple residential row housing development on a condominium
road.
WHEREAS the Planning Act empowers a municipality to pass by-laws prohibiting the use of land and
the erection, location and use of buildings or structures, except as set out in the by-law;
AND WHEREAS the Council of the Corporation of the Township of North Dumfries under Section 34
of the Planning Act, R.S.O. 1990, c. P. 13, deems it to be desirable to further amend said By-law Number
689-83 for the future development and use of the lands described above;
NOW THEREFORE, Township Council enacts as follows:
1. That By-law Number 689-83, as amended, is hereby further amended by addition Section 20.1.XXX to
Schedule ‘A’ and changing Part 139 to Schedule ‘B’ of By-law Number 698-83 insofar as the zoning on
the subject lands, being part of Part of Lot 9, Municipal Compiled Plan 681, Township of North
Dumfries, is changed from Zone 12 (Z.12) to Zone 5 (Z.5) with Exemption 20.1.XXX.
2. That By-law Number 689-83, as amended, is hereby further amended by addition Section 20.1.XXX to
Schedule ‘A’ and changing Part 139 to Schedule ‘B’ of By-law Number 698-83 insofar as the zoning on
the subject lands, being part of Part of Lot 9, Municipal Compiled Plan 681, Township of North Dumfries,
is changed from Zone 9 (Z.9) to Zone 6 (Z.6) with Exemption 20.1.XXX.
3. That By-law Number 689-83, as amended, is hereby further amended by adding Section 20.1.XXX as
follows:
“20.1.XXX
Notwithstanding the provisions of Section 11, Zone 5 (Z.5) and any other provisions of
said By-law No. 698-83, as amended, the lands illustrated on the plan forming Schedule
‘A’ – Section 20.1.XXX to this By-law may be used for the following specific uses
permitted in addition to those uses already permitted within Zone 5 (Residential) within
which the parcel lies:
a) the following uses shall also be permitted:
i.
Residential Dwelling – Row on a Condominium Road
b) the following regulations shall be permitted:
i.
Maximum building height - 10 metres (3 storeys)
ii.
Minimum side yard setback abutting a residential lot – 2.5 metres
iii.
Minimum rear yard setback abutting a residential lot – 5 metres
iv.
Minimum rear yard setback abutting a buffer – 0 metres
v.
Setback from the northern property line (CP rail setback) – 30 metres
5. That By-law Number 689-83, as amended, is hereby further amended by adding the map forming
Schedule ‘A’ – Section 20.1.XXX attached to and forming part of this By-law as Schedule ‘A’ – Section
20.1.XXX to By-law Number 689-83, as amended.
6. That By-law Number 689-83, as amended, is hereby further amended by adding the map forming
Schedule ‘A’ – Section 20.1.XXX attached to and forming part of this By-law as Schedule ‘A’ – Section
20.1.XXX to By-law Number 689-83, as amended.
7. That Part 139 of Schedule ‘B’ to By-law Number 689-83, as amended, is hereby further amended to
include Part 139 of Schedule ‘B’, being Schedule ‘B’ to this By-law, in its place.
8. THAT this by-law shall come into force on the day the related Official Plan Amendment No. XX to the
Township of North Dumfries Official Plan is approved by the Regional Municipality of Waterloo.
READ a first and second time in the Council Chambers of the Township of North Dumfries this ______
day of ________________ , 20__.
___________________________
Mayor
___________________________
Clerk
READ a third time and Finally Passed in the Council Champers of the Township of North Dumfries this
______ day of _______________, 20_____
___________________________
Mayor
___________________________
Clerk
Change From Z12
To Site Specific Z5
Site
Proposed Zoning By-law Amendment