Planning Justification Report Queenston Mile Vineyard Proposed Zoning By-Law Amendment

Transcription

1 Planning Justification Report Queenston Mile Vineyard Proposed Zoning By-Law Amendment Prepared for Ontario Inc. June 2018

2 Table of Contents 1.0 Introduction Description of the Subject Lands and Surrounding Area Proposal Review of Planning Framework Provincial Policy Statement (2014) and Greenbelt Plan (2017) Niagara Region Official Plan Town of Niagara-on-the-Lake Official Plan Zoning Supporting Studies Archaeological Assessment Design Brief & Site Services and Grading Plan Planning Review and Analysis Summary and Professional Planning Opinion Appendices... 23

3 1.0 The Proposal Niagara Planning Group (NPG) are planning consultants to Ontario Inc., owner of approximately acres of agricultural land, described as PT TWP LT 134 NIAGARA PT 5 30R9136; NIAGARA-ON-THE-LAKE and PT TWP LT 134 NIAGARA AS IN RO (SECONDLY); NIAGARA-ON-THE-LAKE. NPG has been retained to provide professional planning advice for the proposed development of an Estate Winery on the subject lands. The implementation of the proposed development requires an amendment to the Town s Zoning By-law. The purpose of this report is to provide a thorough analysis of the proposed development and to evaluate the appropriateness of advancing an application for a Zoning By-Law Amendment in the context of the Provincial Policy Statement, Greenbelt Plan, Niagara Region Official Plan, Town of Niagara-on-the-Lake Official Plan and the Town of Niagara-on-the-Lake Zoning By-Law 500A Description of the Subject Lands and Surrounding Area As shown in Figure 1 Aerial Context, the subject lands are located at the southeast corner of Queenston Road and Concession 6 Road and municipally known as 963 Queenston Road, Niagara-on-the Lake. The subject lands are located in an agricultural area of the Town nestled between the Queenston and St. Davids communities and are currently used for agricultural purposes. Figure 1 Aerial Context 1

4 The subject lands have frontages of approximately 17.7 metres (58ft) and 288 metres (945ft) on Queenston Road and Concession 6 Road respectively. Total area of the subject lands is approximately acres (211,440 metres squared), consisting of approximately 35 acres of established vineyards (western portion of the property), a farm building, small shed and gravel parking lot. There is a small pond centrally located on the site as well as a municipal drain on the southeast corner. Current access to the subject lands is via an existing driveway from Queenston Road. There is a laneway running along the south side of the property from an existing access point on Concession 6 Road that is currently used only for farm machinery access to the vineyards. Existing uses surrounding the subject lands consist of residential, agricultural and Estate Winery as outlined below, in Figure 2 Surrounding Land Uses and Photos 1-8. Figure 2 Surrounding Land Uses Residential Use Colaneri Estate Winery Residential Use Residential Use Agricultural/Residential Use 2

5 Photo 1 Existing Building Facing West Photo 2 Existing Building Facing South West 3

6 Photo 3 Existing Building Facing North East Photo 4 Lands to the South of the Building, Facing South 4

7 Photo 5 Gravel Driveway Facing North - Queenston Road Photo 6 Residential Property to the North 5

8 Photo 7 Residential Property East of Driveway Photo 8 Residential Properties to the North 6

9 3.0 The Proposal Ontario Inc. is proposing to renovate the interior of the existing farm building on the property to accommodate for the operations of an Estate Winery. The renovations would include a wine tasting area and kitchen facilities to accommodate production, retail and hospitality uses (see Appendix A Floor Plans); no new buildings are being proposed. The site has been the subject of Site Plan application (SP ), which proposed the renovation of the existing building on-site to accommodate for a Farm Winery. The proposed Zoning By-law Amendment would build on the Farm Winery proposal and permit the secondary uses such as an expanded retail area and hospitality area, as well as a reduced frontage to facilitate the Estate Winery. The final build-out of the proposed Estate Winery would see the existing laneway converted to a gravel driveway to facilitate access from Concession 6 Road and expanded parking area (see Appendix B Concept). These matters will be addressed through a Site Plan Amendment application should the Zoning By-law Amendment be approved. The Niagara Region Official Plan designates the subject lands as Protected Countryside (see Figure 3 - Schedule A: Regional Structure). The designation is further refined in Schedule B: Agricultural Land Base as Unique Agricultural Area. Policies within the Regional Plan outline Unique Agricultural Areas as a high priority for preservation but also encourage farm diversification. Subject Lands Figure 3 Schedule A Regional Structure 7

10 The Town of Niagara-on-the-Lake Official Plan designates the subject lands primarily as Agricultural with a small portion fronting on Queenston Road as Non-Farm Rural (see Figure 4 Schedule A Land Use Plan). The Estate Winery is an agriculture-related use with associated onfarm diversified uses. The Agricultural designation allows Estate Wineries as a use. There is no expansion of existing agricultural uses proposed on the Non-Farm Rural lands. The existing agricultural access will continue to be used from Queenston Road. Therefore, proposed development conforms with the policies of the Town Official Plan. Subject Lands Figure 4 Schedule A Land Use Plan The Town of Niagara-on-the-Lake Zoning By-law 500A-74, as amended zones the subject lands as Rural (A) zone (see Figure 5 - Zoning). As per Section 3.33 in Zoning By-law 500A-74, as amended an Estate Winery may be permitted subject to a site-specific Zoning By-law Amendment. As such we are proposing a site-specific Zoning By-law Amendment to facilitate the implementation of the Estate Winery use. 8

11 As outlined in the provision of Section 3.33 in the By-law, the subject lands are large enough to accommodate an Estate Winery. The Estate Winery use will allow for events to be held at the winery, larger floor areas to be permitted for hospitality and retail uses and will permit grapes from other farm locations to be used within production. A Draft Zoning By-law Amendment has been prepared and can be found in Appendix C. Figure 5 Zoning In preparation for a Zoning By-Law Amendment application to the Town, a Pre-Consultation meeting was held on November 16 th, Matters raised at the pre-consultation meeting relevant to the zoning by-law application component of the proposed development include: archaeological concerns, septic, sewage design, fire access, on-site water, signage, secondary entrance permits and NPCA fish habitat. These issues have been addressed throughout this report and additional studies. As per the Pre-Consultation Agreement dated November 16 th,2017, the following documents were identified as being required for a complete Zoning By-law Amendment application: 1. Complete Zoning By-Law Amendment Application 2. Planning Justification Report 3. Archaeology Report 4. Concept Plan 9

12 5. Engineering Design Brief 6. Draft Zoning By-law Amendment 4.0 Review of Planning Framework This section of the report outlines the nature of the proposed development and evaluates the appropriateness of advancing an application for a Zoning By-law Amendment for an Estate Winery in the context of the Provincial Policy Statement, Greenbelt Plan, Niagara Region Official Plan and Town of Niagara-on-the-Lake Official Plan. The following provides a brief overview and thorough analysis of these documents in the context of the proposed development. 4.1 Provincial Policy Statement (2014) and Greenbelt Plan (2017) The Provincial Policy Statement (PPS) sets out the policy foundation for regulating land use in Ontario. It encourages strong and healthy communities to prosper for the economic well-being of Ontarians. Ontario has a strong agriculture base that the PPS is designed to protect and support through planning and development decisions. The PPS protects prime agricultural areas for long-term agricultural use and encourages a thriving agricultural industry and rural economy by permitting various uses on agricultural lands. Stemming from the PPS, the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) development Guidelines on Permitted Uses in Ontario s Prime Agricultural Areas Publication 851 was developed to clearly outline the range of uses that are allowed in prime agricultural area. This document was used to review the proposed on-farm diversified use elements of the proposed development. Agriculture is the predominant land use in the Greenbelt and an important economic factor in the quality of life for communities both within and beyond the Greenbelt. The Greenbelt Plan addresses the significance of Southern Ontario s farmland and introduces guiding principles to protect these farmlands. The policies of the Greenbelt Plan encourage diversity within the agriculture sector to enhance economic opportunities. Analysis Agriculture and tourism are strong sectors within the Niagara Region. Niagara-on-the-Lake in particular is widely recognized for its quality wines, which has drawn attention to the unique agricultural characteristics of the Town. This has assured the long-term sustainability of the area's unique agricultural resources and rural character. The subject lands are identified as Prime Agricultural lands. The Greenbelt Plan designates the subject lands as Protected Countryside. Further, due to the suitable soil conditions and appropriate climate for agricultural activity, the lands are further described as Niagara Peninsula 10

13 Tender Fruit and Grape Area being a Specialty Crop Area. Currently, the subject lands are being used for agricultural purposes; there are grape vineyards growing on the lands being maintained by skilled farmers who are familiar with wine production. The proposed development of an Estate Winery is consistent with Section 1.1.4, 1.7, 2.3 and of the PPS as it is an agriculture-related use, directly related to farm operations that will provide opportunities for economic activities in a prime agricultural area of the Town. The nature of the Estate Winery supports the long-term use for agriculture by producing wine, a direct value-added product of the operations. As such, it provides an opportunity to protect agricultural lands for the long-term while promoting an agri-product business thereby creating opportunities for economic development and sustainable tourism. A full range of agricultural uses, agriculture-related uses and on-farm diversified uses are permitted on agricultural lands. In particular, the proposed development will have on-farm diversified uses in the form of retail, hospitality and market uses. These uses are consistent with Section of the OMAFRA Publication 851 as they are located on a farm, secondary to the principal agricultural use of the property, are limited in area, produce value-added agricultural products and are compatible with surrounding agricultural operations. As per Section 3.1 of the Greenbelt Plan, the Niagara Peninsula Tender Fruit and Grape Area are specialty crop areas based on the provincial soil and climate analysis of current and potential tender fruit and grape production areas. Being in a specialty crop area, the lands are subject to Section of the Greenbelt Plan. Accordingly, all types, sizes and intensities of agricultural uses and normal farms practices shall be promoted. On-farm diversified uses are permitted based on the OMAFRA Publication 851. The proposed development is an agricultural use that meets the on-farm diversified guidelines as outlined in OMAFRA Publication 851, in-line with the policies of the Greenbelt Plan. As per Section 4.2.1, and of the Greenbelt Plan a Design Brief has been prepared by UEM Inc. (March 23, 2018) to demonstrate serviceability and drainage of the proposed development. A copy of the Brief has been enclosed as part of our application. Based on the foregoing the proposed development is consistent with the policies of the PPS and Greenbelt Plan. 11

14 4.2 Niagara Region Official Plan The Niagara Region is responsible for balancing the conservation and development of Niagara s resources. Similar to the PPS and Greenbelt Plan, the Niagara Region Official Plan supports diversifying agriculture uses and ensures that these uses are located in strategic areas to ensure success of said agricultural activity. Relevant Definitions Farm Diversification means a range of uses that are designed to expand the range of economic opportunities available to farmers and is a generic reference to value added, agriculturally related and secondary agricultural uses that may not be directly related to the agricultural activity conducted on the farm property. Value Added Uses mean uses that generally occur on-farm which add value to agricultural products and their sale and distribution and are intended to promote and sustain the viability of farming operations. Such uses are generally considered agriculture-related uses, and are required to be small scale and related to the farm activity. Value Added Uses may be grouped into three major components: Support Uses, Production Uses and Marketing Uses : Relevant Policies Objective 5.A.1 To preserve Niagara's agricultural lands. The unique agricultural lands suitable for tender fruits and grapes have the highest priority for preservation. Good general agricultural lands have the second highest priority for protection. Objective 5.A.3 To conserve and enhance the natural resources of the Agricultural and Rural Areas. Objective 5.A.7 To support uses that enable farming and farmers to: (a) Become more competitive, sustainable and environmentally friendly; (b) Adapt to new and changing markets; (c) Diversify into and take advantage of new agricultural opportunities; (d) Improve the understanding of agriculture by the general public; and (e) Broaden operations to diversify economic activity and add value to their primary products. 12

15 Objective 5.A.8 To encourage a wide range of farm diversification uses in appropriate locations and at a scale suitable to the farm and the agricultural area where they contribute to profitable and economically sustainable agriculture. Policy 5.B.17 Farm diversification uses are recognized and may be permitted in accordance with the provisions of this Chapter. On-farm diversification is a potentially significant contributor to economically sustainable agriculture in Niagara, contributing to more access to local food and VQA wines, contributing toward the preservation of the agricultural land base and the scenic quality of the agricultural landscape. Policy 5.B.18 Farm diversification refers to those agricultural related value added and secondary uses that complement farming activities and provide for increasing the economic value and consumer appeal of an agricultural product or use. Farm diversification uses shall complement the principal agricultural uses on the property and in the surrounding area, and shall contribute to the sustainability and viability of the farming operation. All uses outside of settlement areas are subject to the Region s servicing policies. Policy 5.B.21 The following criteria shall be considered when identifying whether or not diversification activities should be permitted in the Zoning By-law: (a) Whether the proposed activity is more appropriately located in a nearby settlement area or in the Rural Area; (b) Whether the use is required on or in close proximity to the agricultural operation for it to support and complement the agricultural activity; (c) The extent to which the use is compatible with the existing farming operation and surrounding farming operations; (d) Whether the scale of the activity is appropriate to the site and the farming operation; (e) Whether the use is consistent with and maintains the character of the agricultural area; (f) The use does not generate potentially conflicting off-site impacts; Chapter (g) The use is limited to low water and low effluent producing uses, and the site is capable of accommodating the use on private water and private sewage treatment systems; (h) The use does not require significant improvements to utilities or infrastructure such as roads or hydro services; (i) The use complies with all other applicable provisions of the Regional Official Plan. 13

16 Analysis The Niagara Region Official Plan designates the subject lands as Unique Agricultural Area. Policies within the Regional Plan outline Unique Agricultural Areas as a high priority for preservation but at the same time encourages farm diversification. The proposed development is consistent with the policies of the Regional Plan as it will contribute toward the preservation of the agricultural land base and the scenic quality of the agricultural landscape by preserving the existing vineyards found on-site. Further, there is an opportunity for farm diversification through the proposed retail, hospitality and market uses. The proposed development with enable the existing farming operation to become more competitive and broaden their operations to diversify economic activity and add value to their primary products. An Estate Winery can expand its retail area and is allowed new hospitality opportunities that will attract tourists and other business opportunities such as the promotion of events. Specifically, the hospitality area will consist of a wine tasting area and full-kitchen. Policy 5.B.21 outlines the criteria that shall be considered when identifying whether or not diversification activities such as those presented through an Estate Winery should be permitted in the Zoning By-law. The following table outlines an evaluation of these criteria in the context of the proposed development: (a) Whether the proposed activity is more appropriately located in a nearby settlement area or in the Rural Area (b) Whether the use is required on or in close proximity to the agricultural operation for it to support and complement the agricultural activity (c) The extent to which the use is compatible with the existing farming operation and surrounding farming operations (d) Whether the scale of the activity is appropriate to the site and the farming operation The proposed development is appropriately located in an agricultural area because its success is dependent on the vineyard and farm operations. In order to attract tourists to the vineyard and the site, it is required that the retail and hospitality uses be located on the same lands as the farm operation. The proposed development would complement the existing farming operation as the grapes will remain the primary source of wine production for the Estate Winery. The site is currently producing grapes through the existing vineyard, therefore their will be no change to the existing operation nor effect on surrounding farming operations. As aforementioned the proposed development will complement the existing farm operation. Farming and growing of the grapes will remain the basis of the farm operation, therefore the scale of activity is appropriate. 14

17 (e) Whether the use is consistent with and maintains the character of the agricultural area (f) The use does not generate potentially conflicting off-site impacts (g) The use is limited to low water and low effluent producing uses, and the site is capable of accommodating the use on private water and private sewage treatment systems (h) The use does not require significant improvements to utilities or infrastructure such as roads or hydro services (i) The use complies with all other applicable provisions of the Regional Official Plan There is minimal change to the site layout as a result of the Estate Winery and there will be no new buildings, therefore the use is consistent and will maintain the character of the agricultural area. Potential off-site impacts will be mitigated through site plan control. No building expansions are proposed with this rezoning. If an expansion beyond the current building and parking areas is proposed, a new access from Concession 6 can be utilized at that time to mitigate traffic impacts associated with the existing access from Queenston Road. The site is capable of being serviced and there are no drainage concerns as per the Design Brief prepared by UEM dated March 23, There are no improvements required to utilities or infrastructure as a result of the proposed development. The use complies with all other applicable provisions of the Regional Official Plan. Diversification uses such as those presented through an Estate Winery will complement the existing farm operation and enable it to become more competitive by offering retail and hospitality uses that will ultimately attract visitors. Based on the foregoing, including an evaluation of the criteria outlined in Policy 5.B.21, the proposed development would be consistent with the policies of the Niagara Region Official Plan and allow for diversification activities in the proposed site-specific Zoning By-law Amendment. 15

18 4.3 Town of Niagara-on-the-Lake Official Plan The Town of Niagara-on-the-Lake Official Plan provides policy direction for the future development of the Town. Agriculture greatly contributes to Niagara-on-the-Lake s character as well as its economic success. As such the Town s Official Plan supports agriculture practices and ensures that prime agriculture lands are protected and enhanced. By-laws passed by the Town must conform with the policies of the Official Plan. Relevant Definitions Estate Winery: means a lot on which buildings and structures are used for the making of wines produced predominately from locally grown fruits. Relevant Policies Section 7: AGRICULTURE 7.2 Goals and Objectives (1) To help ensure the preservation of prime agricultural lands for farming with particular emphasis on the preservation of specialty crop lands. (2) To help preserve the existing and potential agriculturally productive land giving highest priority to Good Tender Fruit/Grape Lands. (3) To allow flexibility to farm operations in both type and size and to permit the expansion and contraction of farm operations as necessary provided that the farm remains economically viable and that the size of the farm is appropriate and common in the area. (5) To ensure that existing small scale industries and commercial uses supportive of agricultural operations are allowed to expand where appropriate Agricultural In the agricultural designation the following uses shall be permitted: Main Uses: The main use permitted is agriculture including all types of farming, their related buildings and structures, the farm residence, the raising of animals and fowl, market gardening, greenhouses and nurseries, forestry and reforestation. Conservation of water, soil, and other natural resources in their natural state is also permitted. Uses Permitted Independent of a Main Use: - agricultural markets 16

19 - estate wineries - small scale industrial and commercial activities that are directly related to and serve agriculture and require a location in close proximity to farms. Provided that such uses are not in conflict with the Niagara Escarpment Plan, as amended from time to time and it is not possible for such uses to locate in Urban Areas. Such uses should also be located so that their effect on surrounding prime agricultural land and viable farm operations in minimized. 7.4 General Agriculture Policies 3) Secondary Use Policies (b) Wineries Subject to the applicable general agricultural policies of this Plan Wineries are permitted subject to the following policies: Estate Wineries (i) (ii) The minimum acreage for an Estate Winery shall be established in the implementing Zoning By-Law and shall generally be a contiguous parcel of at least 8 hectares (20 acres) the majority of land being in full vineyard production. This acreage is required to provide a rural setting for the Winery, land for the ponding of waste water and associated vineyards. Proposals for lesser acreage will be considered where is it demonstrated that the proponent can comply with all other policies of the plan and that the reduced area will not jeopardize the rural image of an Estate Winery. Notwithstanding the minimum acreage requirement of this plan, existing Estate Wineries as of the date of adoption of this Plan, having less than the minimum acreage will be recognized in the implementing zoning by-law providing all other policies of the plan are complied with. The production of wine from an Estate Winery shall be subject to the following criteria: (a) all wines produced shall be made from predominately locally grown fruit; (b) all wines produced are to be made from predominately locally grown fruit crushed and fermented on site; (c) an Estate winery shall have the capability to bottle of all the wine produced on site. (iii) All Estate wineries shall be subject to a site specific zoning by-law amendment to control their number and location within the municipality 17

20 (iv) (v) (vi) The retail sale of wine shall be permitted as part of an Estate Winery. The amount of floor space will be limited in the implementing zoning by-law so as not to detract from the main use of the land and not adversely affect other uses permitted in the agricultural area. A hospitality room where food and wine is prepared and served, the sale of products permitted in an agricultural market and over-night accommodation such as a bed & breakfast may also be given consideration where it is clearly demonstrated that such uses are only accessory to and complement the estate winery. These uses shall only be permitted on an individual case by case basis and subject to a site specific zoning by-law amendment where the floor space may be restricted. Estate Wineries shall be required to located with direct or convenient access to an improved roadway with sufficient capacity to accommodate the anticipated traffic. (vii) As indicated in sub-section (i) above, on-site vineyards are an important aspect of the image of an Estate Winery and encourages the use of local fruit in the production of wine. As such land not intended for building or on-site services shall be planted in vineyards and the Council may make vineyard planting a condition of the amending By-law to be completed prior to the issuance of a building permit. Analysis The proposed development will be located outside Niagara-on-the-Lake s Urban Boundary, on prime agricultural specialty crop lands where the Town's Official Plan allows Estate Wineries. As such the proposal is consistent with the relevant agricultural goals and objectives of the Plan (Section 7.2). The subject lands are designated for Agricultural (A) uses, with a small portion of the lands fronting on Queenston Road designated as Non-Farm Rural. Proposals for new Estate Wineries are subject to a site-specific Zoning By-law Amendment. As per Non-Farm Rural policy 8.4 (4) expansions to existing agricultural uses may be restricted where the nature of the expansion would significantly impact on neighbouring residential uses. This policy must be considered in the context of the current entrance from Queenston Road, where the use is not expanding although traffic along the driveway is likely to increase. Therefore, it is not clear that this policy applies. Notably, other access points for the site can be considered to mitigate any potential impacts on the existing entrance and nearby residents. In terms of the nature of the Estate Winery zoning proposal, we are satisfied that it conforms with the intent and purpose of policy 8.4. Appropriate checks and balances are available through the site plan control process to manage any further intensification of the winery operation should those be proposed at a later date. 18

21 The proposed development will preserve the established on-site vineyard, preserving Grape Lands while allowing for an existing small scale agricultural operation to expand appropriately. The owners have successfully operated other agricultural operations in Niagara Region and it is expected that the site operations will remain economically viable. The Estate Winery use is appropriate due to the size and location of the subject lands. The parcel is greater than 20 acres in size with a majority of the lands being in full vineyard production. This will provide an appropriate rural setting for the Estate Winery, accommodating for both drainage, ponding and servicing, while maintaining a rural character that can attract visitors. As aforementioned the subject lands have frontage on both Queenston Road and Concession 6 Road which can provide direct and convenient access with sufficient capacity to accommodate the anticipated traffic. The owner is proposing to have retail and hospitality uses on the land for selling wine and having food prepared. These uses will enhance the agri-tourism aspect, contributing to the overall success of the Estate Winery. There are no foreseen constraints with the secondary uses. These uses will complement the Estate Winery and will be limited in floor space. This is outlined in the zoning by-law section below. Based on the foregoing, the proposed development is consistent and conforms with the policies of the Niagara-on-the-Lake Official Plan. 5.0 Zoning The Town of Niagara-on-the-Lake Zoning By-law 500A-74 zones the subject lands as Rural (A) Zone. Estate Wineries are permitted within the Rural (A) zone, however as aforementioned the use is subject to a site-specific Zoning By-law Amendment. Accordingly, we are proposing the following site-specific Zoning By-law Amendment to re-zone the subject lands from Rural (A) Zone to a Rural (A-XX) site-specific zone that will permit the Estate Winery, secondary uses and relief for minimum lot frontage. See Appendix C. Town of Niagara-on-the-Lake Zoning By-law 500A-74, as amended Section 4 Rural (A-XX) Zone 4.1.XX Uses Permitted No person shall within the Rural (A-XX) Zone, use any lot, or erect, alter or use any building or structure for any purpose except one of more of the following uses: Rural Uses (permitted on Properties that are 20 acres or more) (a) Estate Winery 19

22 (b) The retail sale of wine as a secondary use (c) A hospitality room as a secondary use (d) An agricultural market as a secondary use Table 1 - Rural (A-XX) Zone Requirements (a) Minimum Lot Frontage 17 m (55.7 ft) (b) Minimum Lot Area 20 acres (c) Minimum Building Setback from all Property Lines 15 m (49.2 ft) (d) Maximum Lot Coverage for all Buildings 15% (e) Maximum Building Height 11 m (36 feet) (f) Maximum Retail Floor Area as a Secondary Use 140 m² (1,507 ft²) (g) Maximum Hospitality Floor Area as a Secondary Use 140 m ² (1,507 ft² ) (h) Maximum Agricultural Market as a Secondary Use 140 m ² (1,507 ft² ) (i) Maximum Floor Area for Kitchen Facilities 140 m ² (1,507 ft² ) (j) Maximum Floor Area for all Secondary Uses 400 m ² (4,306 ft²) (k) 1 parking space per employee, plus 1 per every 18.5 m² of floor area devoted to each secondary use (Section 6.39) 6.0 Supporting Studies As outlined in the Pre-Consultation Agreement, several supporting studies were required to ensure the subject lands are suitable for the proposed Estate Winery. The following studies have been reviewed in preparing this planning justification report. They have been prepared by qualified professionals according to industry standards and should be read in their entirety. 6.1 Archaeological Assessment A Stage 1 and 2 Archaeological Assessment has been prepared by Detritus Consulting Ltd., dated May 2 nd, 2018 to provide information about the subject lands geography, history, previous archaeological fieldwork and current land condition. In summary, the report states that the subject lands are considered free of archaeological concern and that no further works is recommended. 6.2 Design Brief and Site Services and Grading Plan A Design Brief and Site Services and Grading Plan was prepared by Urban and Environmental Management Inc., dated March 23 rd, 2018 to address water, sanitary and storm for the proposed development. In summary, the report indicates that the proposed development is serviceable. 20

23 7.0 Planning Review and Analysis The subject lands have a total lot area of approximately 52 acres, which is appropriate for an Estate Winery in Niagara-on-the-Lake. The existing grape vineyards cover most of the lands and will remain unaffected by this zoning proposal. Economic viability and competitiveness are important factors for a successful agricultural sector. Wine production supports the agricultural use on the lands and enhances economic opportunities for the agricultural sector. Therefore, the proposed development will enable the existing farm to broaden its operations, diversify economic activity and have a positive impact on the agricultural community in Niagara-on-the-Lake. The Estate Winery use will allow for off-site fruit to be part of the winery production. The owner is experienced in wine production and has other farm sites that can collaborate with the proposed Estate Winery. In addition, the Estate Winery will promote enjoyable wine related activities through tourism. The owner is proposing to have a wine tasting area and kitchen facilities to accommodate events, retail and hospitality uses. These uses will enhance the agri-tourism aspect, contributing to the overall success of the Estate Winery. 8.0 Summary and Professional Planning Opinion It is our professional opinion that the proposed Zoning By-Law Amendment to permit an Estate Winery represents good land use planning, is in the public interest and should be supported by the approval authority for the following reasons: 1. The proposed development is consistent with the Provincial Policy Statement and conforms with the Greenbelt Plan, Niagara Region Official Plan and the Town of Niagaraon-the-Lake Official Plan. 2. The proposed development provides agricultural-related uses, on farm diversified uses and agri-tourism uses that will broaden existing operations and diversify economic activity, having a positive impact on the Town s agricultural economy and community. 3. The proposed development will preserve agricultural lands in the Town. 4. The proposed development is compatible with surrounding land uses. 5. The proposed development is supported by studies that confirm that there are no archaeological, servicing or drainage concerns. 21

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25 9.0 Appendices Appendix A Floor Plans Appendix B Queenston Mile Vineyard - Concept Appendix C Draft Zoning By-Law 23

26 Appendix A

27 K H MARCATO SINKS STAINLESS STEEL K-5848L-1 NAPA SINKS CAST IRON K-5848L-1 NAPA SINKS CAST IRON K-5848L-1 NAPA SINKS CAST IRON STAINLESS SINKS RAVINIA K STEEL K-5848L-1 NAPA SINKS CAST IRON MATERIAL PRODUCT TRADENAME MODELNUMBER MATERIAL PRODUCT TRADENAME MODELNUMBER MODELNUMBER TRADENAME PRODUCT MATERIAL MODELNUMBER TRADENAME PRODUCT MATERIAL 400 AMP MAIN MATERIAL PRODUCT TRADENAME MODELNUMBER MATERIAL PRODUCT TRADENAME MODELNUMBER SEPTIC PRE-CONDITION TANKS, BELOW GRADE (SEE ENGINEERING DRAWINGS) ANAEROBIC DIGESTER # L ANAEROBIC DIGESTER # L PUMP TANK L A SECTION ELEVATION 4 CLOSED LOOP BIOFILTER TANK 3400 L BIOFILTER TANK # L BIOFILTER TANK # L STRUCTURAL NOTE: FOLLOW STRUCTURAL ENGINEERING DRAWINGS BY STRUCTURAL ENGINNER FOR NEW SUPPORTS FOR SECOND FLOOR HOSPITALITY NOTE: FOLLOW KITCHEN EQUIPMENT DRAWINGS FOR ALL HOSPITALITY COMPONENTS WALL LEGEND: DENOTES EXISTING WALLS TO REMAIN. DENOTES NEW 2X4 STUD 16" O.C., R-20 BATT INSULATION 1/2" DRYWALL DENOTES EXISTING EXTERIOR PERIMETER POST & WOOD FRAMED WALLS C/W SPRAY FOAM INSULATION. STRAP INTERIOR PERIMETER WITH 2x6 STEEL STUDS, SPRAY FOAM INSUALTION 5/8" TYPE 'X' DRYWALL NOTE: All drawings within this set of plans are to be read in conjunction with each other. All work carried out regarding this project must be in compliance with the latest edition of the Ontario Building Code and any applicable local municipal zoning bylaws and/or regulations. Verify all dimensions on site. Report any discrepancies to Edwards Designs Inc. prior to commencement of any work. All drawings remain the property of the designer. Do not scale drawings. REVISIONS: 1 ISSUED FOR APPLICATION 04/24/18 PREPARATION AREA GREASE SEPARATED (UNDERGROUND) (SEE MECHANICALS) GREASE INTERCEPTOR 35'-5" 3'-2"X6'-10" ELECTRICAL LEGEND: G.F.I. DUPLEX ELECTRICAL OUTLET DUPLEX RECEPTACLE C/W GROUND FAULT INTERRUPTER LIGN NEW CONCRETE SLAB WITH BUILDING ON EACH END (SITE VERIFY LENGTH OF SLAB) B SECTION 3 ELEVATION BALCONY ABOVE (POST CONFIGURATION AS PER STRUCTURAL) NEW 8"x8" POSTS ON CONCRETE SUPPORTS (SEE STRUCTURAL) UPPER DECK COVERED AREA 31' " 2'-8" 7' " 6'-6" 3'-8" 8'-0" 3'-2"X6'-10" EXIT C L C L C L C L CL 3'-2"X6'-10" EXIT 6'-0" OVERHEAD DOOR 4'-0" UP STORAGE 2'-6"X6'-10" 2'-6"X6'-10" 2'-6"X6'-10" 2'-6"X6'-10" 4'-0" 4'-0" 3'-0" 8'-0"X3'-0" 2'-9" PREP AREA EXHAUST HOOD 14'-3 1 2" 4'-0" 18'-2" EXPO PREPARATION AREA 2'-6" 3'-0" 9'-7" C DETAIL 5'-5" 4'-0" 2'-9" PLATING AREA 3'-0" UP 5'-3" 3'-10" 8'-11" 5'-6" 7'-4" WALK IN FREEZER 7'-4" WALK IN COOLER 3'-0" 3'-8" CUT NEW OPENINGS IN EXISTING 'POLE BARN' POST & BEAM FRAMING. INSTALL HEADERS RESTAURANT & JACK POSTS AS PER STRUCTURAL (80 ENGINEERED SEATS) DRAWINGS. 3'-0"x6'-10" 3'-0"x6'-10" COFFEE MAKER 3'-0" 8'-0"X3'-0" 3'-11" 4'-5" 2 DOOR U/C COOLER 3'-10" 2'-8" 10'-5" 3'-6" 2'-0" 11'-8" 2'-0" 2'-7" WAIT STATION 17'-8" DRY STORAGE WINE TASTING AREA DISH WASHING COCKTAIL UNIT G/W ICE MACHINE 5'-0"X20" RETAIL D/W 2'-3" 5'-0"X20" RETAIL 5'-0"X20" RETAIL HAND DRYER 4'-4" A.F.F. O.C. 3'-0" 2 DOOR WINE FRIDGE 4'-8" 5'-0" 3'-8" 3'-0"x6'-10" 3'-10" 2'-0" 3'-0" TROUGH SINK COAT ROOM 7'-0" 2'-6" MENS WINE STORAGE CHILLED WINE FRIDGE EXIT ELEVATION 3'-4" '-0" 3'-0"x6'-10" 3' " 3'-9" 3'-7" 3'-2"X6'-8" RETAIL 3'-4" 3'-4" 3'-2" 10'-3" HOT WATER TANK 1'-0" 3'-4" 100 AMP COMBINATION BREAKER PANEL HOT WATER ON DEMAND ELEC. ROOM 5'-4" ELEVATION 4 ELEVATION 11'-6" 3'-2"X6'-8" 6'-11" 4'-3" 21'-7" 3'-0" 3' " 3'-7" 3'-2"X6'-8" 3'-0" 3'-2" CASH/ P.O.S. WOMENS 4'-11" ENTRY/ EXIT 2'-6" 5'-7" 3' " TASTING BAR D/W 4'-11" 4'-6" 8'-1" 2'-4" 5'-4" 5'-4" 2'-0" WINE FRIDGE 2'-0" 2'-4" 5'-0" 3'-7" 2'-0" STAFF SHARED UNIVERSAL WASHROOM ELEVATION 3' " 3'-81 2 " 3'-0" 3'-0" ELEVATION 3'-2"X6'-10" TROUGH SINK HAND DRYER 4'-4" A.F.F. STORAGE UP O.C. O.C. O.C. O.C. O.C. 3'-2"X6'-10" 3'-2"X6'-10" EXIT 3'-2"X6'-10" 26'-0" C L NEW COVERED ENTRY C L C L 10"x10" NEW POSTS ON STRUCTURAL SUPPORTS (SEE STRUCTURAL) 9'-1" 9'-1" 1 ELEVATION NEW PLANTER (T.B.D.) B SECTION EXIT DOOR NOTE: INSTALL PANIC HARDWARE & CLOSERS ON ALL 'EXIT' DESIGNATED DOOR PROJECT: SHEET TITLE: Date: Drawn By: Project #: QUEENSTON MILE 959 QUEENSTON RD. NIAGARA-ON-THE-LAKE ESTATE WINERY FIRST FLOOR PLAN Scale: 09/28/2017 3/16" = 1'-0" J.S Checked: Sheet #: A C K a r c h i t e c t s w w w. a c k a r c h i t e c t s. c o m studio office 443 eastchester ave. T F st. catharines, ontario l2m 6s2 M.E. A3 architectural office: 100 sunrise ave., suite 102 T F toronto, ontario m4a 1b3 10'-0" OVERHEAD DOOR NEW DOORS NEW DOORS 10'-0" OVERHEAD DOOR C L C L C L C L C L C L 12'-7" 14'-7" 13'-10" 8'-0" 8'-0" 8'-0" 10'-0" 17'-10" COVERED PATIO (48 SEATS) EXISTING CONCRETE SLAB NEW CONCRETE SLAB NEW PLANTER (T.B.D.) NEW PLANTER (T.B.D.) EXISTING METAL SIDING EXISTING 2x4 FRAMING C/W R-5 FOAM SPRAY IN JOIST CAVITIES ROOF COVERED AREA 8"+/- EXISTING POSTS TO REMAIN 2 ELEVATION A SECTION NEW R-40 FOAM SPRAYED INSULATION (TO ACHIEVE A MINIMUM OF TOTAL RATING R-45) NEW 5 8" TYPE 'X' DRYWALL TO INTERIOR OF ALL PERIMETER WALLS. EXISTING 6x6 WOOD VERTICAL POSTS NEW 2x6 STEEL 16" o.c. (AROUND PERIMETER) design consultants Custom Residential, Hospitality & Commercial designs A.R.I.D.O. member C TYPICAL SECTION DETAIL AT PERIMETER WALLS (AS PER ENVELOPE COMPLIANCE CERTIFICATE) SCALE: 3/4" = 1'-0" 586 Victoria Street, Niagara-on-the-Lake, L0S 1J0 (905) Office, (905) FAX, (905) Cellular edwardsdesigns.com

28 STAINLESS SINKS BALLAD K STEEL K-5848L-1 NAPA SINKS CAST IRON ELEVATION 4 WALL LEGEND: STRUCTURAL NOTE: DENOTES EXISTING WALLS TO REMAIN. DENOTES NEW 2X4 STUD 16" O.C., R-20 BATT INSULATION 1/2" DRYWALL DENOTES EXISTING EXTERIOR PERIMETER POST & WOOD FRAMED WALLS C/W SPRAY FOAM INSULATION. STRAP INTERIOR PERIMETER WITH 2x6 STEEL STUDS, SPRAY FOAM INSUALTION 5/8" TYPE 'X' DRYWALL NOTE: All drawings within this set of plans are to be read in conjunction with each other. All work carried out regarding this project must be in compliance with the latest edition of the Ontario Building Code and any applicable local municipal zoning bylaws and/or regulations. Verify all dimensions on site. Report any discrepancies to Edwards Designs Inc. prior to commencement of any work. All drawings remain the property of the designer. Do not scale drawings. REVISIONS: 1 ISSUED FOR APPLICATION 04/24/18 HVAC DUCTWORK CHASE - SEE ENGINEERED DRAWINGS A SECTION FOLLOW STRUCTURAL ENGINEERING DRAWINGS/DETAILS FOR NEW SECOND FLOOR SUPPORT ITEMS & NEW FLOOR SYSTEMS NEW WINDOW POSSIBLE VENTING FOR HOODS BELOW NEW WINDOW NEW WINDOW NEW WINDOW NEW WINDOW ELECTRICAL LEGEND: PROJECT: NEW TEMPERED GLASS/ ALUMINUM POST SYSTEM AS PER O.B.C. NEW WINDOW NEW WINDOW 4'-2" DN 13 R 14'-4" FIREPLACE 10'-8" - - INTERIOR ELEVATION 24" A.F.F. MEETING ROOM INTERIOR ELEVATIONS (SEE interior DRAWINGS) O.C. WET BAR O.C. 75" TV G.F.I. O.C. MEN'S STAFF G.F.I. O.C. WOMEN'S STAFF 2-2'-6" 3'-8" 2'-6" LOCKERS 12'-3" STAFF ROOM O.C. FRIDGE MICRO. O.C. CAT6 12'-4"+/- 9'-4"+/- 22'-0"+/- BUILT-IN BENCH SEAT & COUNTER 30'-8"+/- 22'-0"+/- 2'-6" 11'-5" NEW PRIVATE OFFICE 11'-5" NEW OFFICE CAT6 CAT6 NEW WINDOW G.F.I. DUPLEX ELECTRICAL OUTLET DUPLEX RECEPTACLE C/W GROUND FAULT INTERRUPTER (NOTE: FOLLOW ELECTRICAL ENGINEERED DRAWINGS FOR ALL ELECTRICAL ITEMS) EXIT DOOR NOTE: INSTALL PANIC HARDWARE & CLOSERS ON ALL 'EXIT' DESIGNATED DOOR QUEENSTON MILE 959 QUEENSTON RD. NIAGARA-ON-THE-LAKE ARCHITECTURAL SHEET TITLE: SECOND FLOOR PLAN B NEW BALCONY (WINE TASTING AREA) 2-2'-6" x 5'-9" DOORS CRUSH AREA DOWN 13 R - INTERIOR ELEVATIONS FRIDGE GLASS RAILING G.F.I. O.C. 4'-0" FULL WALL 2'-6" EXIT 2'-10" 2'-6" 2'-6" 4'-2" GLASS RAILING EXIT 3'-2" DOWN 13 R EXISTING INTERIOR 6x6 POSTS OPEN TO BELOW 4'-2" 12'-8" EXISTING ROOF SLOPE CAT6 COVERED ENTRY NEW SLOPED ROOF B SECTION SECTION Date: Scale: 09/28/2017 AS NOTED Drawn By: Checked: J.S. M.E. 3 ELEVATION NEW WINDOW 1 ELEVATION Project #: Sheet #: A4 NEW WINDOW A C K a r c h i t e c t s w w w. a c k a r c h i t e c t s. c o m studio office 443 eastchester ave. T F st. catharines, ontario l2m 6s2 architectural office: 100 sunrise ave., suite 102 T F toronto, ontario m4a 1b3 design consultants 2 A Custom Residential, Hospitality & Commercial designs ELEVATION SECTION A.R.I.D.O. member 586 Victoria Street, Niagara-on-the-Lake, L0S 1J0 (905) Office, (905) FAX, (905) Cellular edwardsdesigns.com

29 Appendix B

30 Queenston Road Concession 6 Road Concession 6 Road Concession 6 Road QUEENSTON MILE VINEYARD NIAGARA-ON-THE-LAKE, ON SCALE DATE N.T.S Niagara Planning Group URBAN DEVELOPMENT PLANNING 4999 Victoria Avenue, Niagara Falls, ON

31 Appendix C

32 THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE BY-LAW NO. 500XX Queenston Road Queenston Road Vineyard Roll A BY-LAW PURSUANT TO SECTION 34 OF THE ONTARIO PLANNING ACT TO AMEND BY-LAW 500A-74, AS AMENDED, ENTITLED A BY-LAW TO REGULATE THE USE OF LAND AND THE CHARACTER, LOCATION AND USE OF BUILDINGS AND STRUCTURES THEREON. WHEREAS the Town of Niagara-on-the-Lake Council is empowered to enact this By-law by virtue of the provisions of Section 34 of the Planning Act, R.S.O. 1990, c.p.13, as amended; AND WHEREAS this By-law conforms to the Town of Niagara-on-the-Lake Official Plan. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE enacts as follows: 1. Schedule A of By-Law 500A-74, as amended, is hereby further amended by changing the zoning of the subject lands identified on Map A (attached to and forming part of this By-law) from Rural (A) to Rural (A-XX) Site Specific Zone. 2. In addition to the permitted uses of the Rural (A) Zone the following uses shall be permitted on the subject lands: a) Estate Winery in accordance with Section 6.13 of Zoning By-Law No In addition to the secondary uses permitted in Section 6.13 of Zoning By-Law No the following secondary uses shall be permitted on the subject lands: a) Hospitality Area b) Retail Uses c) Agricultural Market

33 4. In lieu of the zone requirements in Schedule F of Zoning By-law 500A-74, the following provisions shall apply on the subject lands: (a) Minimum Lot Frontage 17 m (55.7 ft) (b) Minimum Lot Area 20 acres (c) Minimum Building Setback from all Property Lines 15 m (49.2 ft) (d) Maximum Lot Coverage for all Buildings 15% (e) Maximum Building Height 11 m (36 feet) (f) Maximum Retail Floor Area as a Secondary Use 140 m² (1,507 ft²) (g) Maximum Hospitality Floor Area as a Secondary 140 m ² (1,507 ft² ) Use (h) Maximum Agricultural Market as a Secondary Use 140 m ² (1,507 ft² ) (i) Maximum Floor Area for Kitchen Facilities 140 m ² (1,507 ft² ) (j) Maximum Floor Area for all Secondary Uses 400 m ² (4,306 ft²) (k) 1 parking space per employee, plus 1 per every 18.5 m² of floor area devoted to each secondary use (Section 6.39) 5. Off street parking will be provided in accordance with 6.39 Parking Space Requirements; 6. Outdoor events are not contemplated within this Zoning By-Law. 6. That the effective date of this By-law shall be the date of final passage thereof. READ A FIRST, SECOND AND THIRD TIME THIS DAY OF, LORD MAYOR PAT DARTE TOWN CLERK PETER TODD

34 Map A