Commission de l escarpement du Niagara. 232, rue Guelph Georgetown ON L7G 4B1 No de tel Télécopieur

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1 Niagara Escarpment Commission 232 Guelph St. Georgetown, ON L7G 4B1 Tel: Fax: Commission de l escarpement du Niagara 232, rue Guelph Georgetown ON L7G 4B1 No de tel Télécopieur June 12, 2013 DEVELOPMENT PERMIT APPLICATION N/S/ /301 Cotton Holding Inc. Part Lot 4 City of Niagara Falls, Region of Niagara 2125 Fruitbelt Parkway PROPOSAL: Sanitary sewer connection DESIGNATION: Escarpment Rural Area SUMMARY ISSUES: Sanitary sewer service extending outside Niagara Falls Urban Area Boundary RECOMMENDATION: Refusal REASON: Proposal contrary to local and regional official plan policies and Development Criteria of Niagara Escarpment Plan DATE RECEIVED: March 18, 2013 SOURCE: Cotton Holding Inc. applicant/owner PROPOSAL: To permit the property located at 2125 Fruitbelt Parkway to connect to a sanitary sewer approved for installation within the municipal road allowance, notwithstanding the conditions of Development Permit 10400/N/S/ /148. Note: Existing development has municipal water service. RELATED FILES: 1. Development Permits 1015/N/C/79/161 & 1016/N/C/78/238 (Fruitbelt Trucking) were issued in 1980 for outside storage of landscaping materials (e.g. baled peat moss fertilizer) and for the construction of a truck service and dispatch complex with warehouse and office. The complex was not constructed under this permit, but the landscape materials storage operation did occur. 1 of 6 1

2 2. Development Permit 5051/N/I/93-94/159 (Colaneri Haulage) was issued to construct a similar office and vehicle repair shop associated with a trucking company primarily involving retailing and hauling of landscape materials. This building was constructed and the site was prepared as a trucking depot. Plans at that time included transfer of a portion of the Fruitbelt Parkway road allowance (owned by the City of Niagara Falls) across much of the frontage for the subject property to the subject property. However, this did not occur. The traveled portion of this road currently dead ends at this property. 3. Development Permit 5076/N/I/94-95/165 (Colaneri Haulage) was issued in 1995 allowing a height increase to 6.1 m (20 ft) for the approved building to accommodate a peaked roof design. This development was completed. 4. Development Permit 6934/N/I/99-00/268 (Cotton Incorporated) was issued in 2000 for the placement and operation of a portable material storage silo and weighing facility. This development was completed. 5. Development Permit 7152/N/I/99-00/269 (Cotton Incorporated) was issued in 2000 for an addition to the main building that would increase the building size to 910 sq m (9800 sq ft). The purpose of the addition was for truck service bays and storage associated with the business. This development was completed. 6. Development Permit 7151/N/I/99-00/319 (Cotton Incorporated) was issued in 2000 to enclose the material storage and weighing facility in a 357 sq m (3840 sq ft) structure and to construct two additional storage silos adjacent to the enclosure. This development has been completed. 7. Development Permit 9799/N/I/ /258 (Pinewood Homes [Niagara] Ltd.) was issued to recognize the construction of an accessory equipment storage building within the outdoor storage yard of the contractor s yard. 8. Development Permit 9798/N/I/ /257 (Pinewood Homes) was issued on October 6, 2010 to recognize and permit an expanded parking lot and an accessory structure, in conjunction with a reconfiguration of the original parcel which enlarged the parcel and provided for a cul-de-sac at a redefined dead-end of the road. 9. Development Permit Application N/S/ /231 (City of Niagara Falls) proposing the extension of municipal services (storm and sanitary sewers) to service two developed properties outside the City s Urban Area boundary (one of which is the subject property) was refused by the Niagara Escarpment Commission (NEC) in 2012 based on provincial and municipal policy which did not permit such service extensions. The decision was confirmed in February of 2013 following the City s withdrawal of its appeal of the decision. 2 of 6 2

3 10. Development Permit 10400/N/S/ /148 (City of Niagara Falls) was issued in November of 2012 for the installation of storm sewers (previously refused) and the installation of pipes and related hardware for future connection by the subject property and a second developed property on Fruitbelt Parkway. The NEC accepted staff s reconsideration of the scope of work that would comply with the relevant planning policies, and included the following Permit Condition: This Development Permit does not permit any connections from the extended sanitary sewer main to any property or development within the area of the Niagara Escarpment Plan. Such proposed connections shall require a separate Development Permit(s) from the NEC. The subject proposal is such a separate application. A substantial amount of this construction has been completed. 11. Development Permit Application N/I/ /090 (Pinewood Homes) proposing an accessory storage structure is being dealt with concurrently. 12. Development Permit Application N/I/ /108 (Pinewood Homes) was submitted in June of 2011 but remains premature pending the outcome of the subject application. The proposal to demolish an existing office building, and construct a replacement 4 storey ±1858 sq m (± 20,000 sq ft) modernized office facility in the same location is dependent upon sanitary sewer servicing. The applicant has agreed to keep this application on hold at this time. ANALYSIS: 1) Niagara Escarpment Plan (NEP): The subject lands are designated Escarpment Rural Area by the NEP. The Objectives of this designation include: 1. To maintain scenic values of lands in the vicinity of the Escarpment. 2. To maintain the open landscape character by encouraging the conservation of the traditional cultural landscape and cultural heritage features. 3. To encourage agriculture and forestry and to provide for compatible rural land uses. 4. To provide a buffer for the more ecologically sensitive areas of the Escarpment. Permitted uses under this designation include linear utility facilities where the lands are also designated specialty crop areas such as these lands are. Permitted uses are subject to Part 2, Development Criteria. Part (General Development Criteria) states: Permitted uses may be allowed provided that: a. The long-term capacity of the site can support the use without a substantial negative impact on Escarpment environmental features such as contours, water quality, water quantity, natural vegetation, soil, wildlife, population, visual attractiveness and cultural heritage features. 3 of 6 3

4 b. The cumulative impact of development will not have serious detrimental effects on the Escarpment environment (e.g. water quality, vegetation, soil, wildlife, and landscape). c. The site is not considered hazardous to life or property due to unstable soil conditions or possible flooding. d. Development meets applicable federal, provincial and municipal requirements including health and servicing requirements. The City of Niagara Falls Official Plan defers to the NEP in terms of land use designations and related policies. However, it also includes policies directly addressing municipal infrastructure. Part 3, Section 1 ((Water and Sanitary Sewage) states: Municipal sanitary sewers and/or watermains shall not be extended beyond the urban area, except where required to correct a health problem as identified by the Regional Public Health Department and/or the Ministry of the Environment. Section 6 of the Region of Niagara Policy Plan includes policies for Agriculture, and designates the lands within the NEP area Unique Agricultural Areas (Good Tender Fruit and Good Grape Areas). The following policies apply to municipal servicing: 6.B.5 Developments outside the urban area boundaries will not be provided with municipal water and sewer services but instead will be expected to depend on private waste disposal systems and private water supply. The above policy applies to all lands outside the Urban Areas Boundaries. a) Municipal sewers or water supply mains may be extended outside the urban area where required to correct an existing health problem as determined by the Medical Officer of Health or where there is a clean-up order from the Ministry of the Environment. All alternatives to municipal mains for resolving the health concern must be considered. b) Within the area of the NEP, such proposed extensions will be subject to conformity with the NEP as amended from time to time, and will require a Development Permit from the Niagara Escarpment Commission. The approved municipal sanitary sewer installation within the municipal road allowance, beyond the Urban Area and into the Unique Agricultural Area was agreed to based on the practicality of construction timing for the installation of other infrastructure and needed road repair and improvements. The associated piping and hardware construction would not offend relevant planning policy so long as the sewer service is not being provided. The proposed sewer connection is contrary to the above-noted municipal Official Plan polices, and to the section of the Provincial Policy Statement outlined below in this report. The only common exception to the prohibition on sanitary sewer servicing extending outside an Urban Area boundary is where a health problem has been declared and must be resolved. No health problem has been declared in this situation. 4 of 6 4

5 Staff is in agreement with the City of Niagara Falls and the Regional Municipality of Niagara that this property should be considered for full municipal servicing and/or inclusion within the Urban Area as part of the 2015 NEP/Greenbelt Plan Review. However, until that review is completed and associated policy changes have been approved in this regard, the proposal conflicts with Part 2.2.1(d) of the NEP. 2) Local Official Plan: The Official Plan for the City of Niagara Falls designates these lands Niagara Escarpment Plan Area. 3) Regional Official Plan: The subject lands are designated Escarpment Rural Area and Unique Agricultural Area by the Regional Municipality of Niagara Policy Plan. 4) Provincial Policy Statement (PPS): Section under Infrastructure and Public Service Facilities, Sewage and Water states: Partial services shall only be permitted in the following circumstances: a) where they are necessary to address failed individual on-site sewage services and individual on-site water services in existing development; and b) within settlement areas, to allow for infilling and rounding out of existing development on partial services.... The proposal is contrary to this policy. 5) Consultations: a) City of Niagara Falls Comments are not yet available. However, in previous correspondence for related files proposing this same service, the City offered no objection. b) Region of Niagara (Public Works, Development Services) Comments are not yet available. However, in previous correspondence on related files proposing the same service, the Region offered no objection. c) Hydro One Networks Inc.: No comments or concerns. CONCLUSION: The proposal is to extend the sanitary sewer service to the Cotton Holding Inc. property which is in the Escarpment Rural Area of the NEP and outside the Niagara Falls Urban Area boundary. This proposal conflicts with the PPS and official plan requirements of the City and the Region, all of which do not permit such service extension where there are no health issues to resolve. 5 of 6 5

6 As the proposal does not meet relevant provincial and municipal servicing requirements, Part 2.2.1(d) of the NEP is not met. Therefore, under these circumstances, the proposal is not a permitted use in the Escarpment Rural Area. Conditions of the Development Permit issued for installation of the sewer apparatus within the municipal roadway specifically prohibited the proposed sewer connection to maintain compliance with the NEP. This property and immediate area is expected to be reviewed at the 2015 Plan Review for possible inclusion in an urban area or similar designation under the NEP. The results of the Plan Review may create an opportunity for re-consideration of this proposal at that time. Section 25(4) of the NEPDA prohibits the NEC from making a decision that is not in accordance with the NEP. RECOMMENDATION: That the proposal be refused for the reasons listed on the attached Appendix. Prepared by: Approved by: Original Signed by: Original Signed by: Martin Kilian Planner Ken Whitbread Manager 6 of 6 6

7 R EASONS FOR REFUSAL APPENDIX Cotton Holding Inc. N/S/ / The proposed sanitary sewer connection does not meet Part 2.2.1(d) (General Development Criteria) of the Niagara Escarpment Plan. 2. The proposed sanitary sewer extension conflicts with Section of the Provincial Policy Statement. 3. The proposed sanitary sewer connection is contrary to Part 3, Section of the City of Niagara Falls Official Plan. 4. The proposed sanitary sewer extension is contrary to Section 6.B.5 of the Regional Municipality of Niagara Policy Plan. 5. The lands to be fully serviced may require an urban area or similar designation to the Niagara Escarpment Plan which cannot be considered until the 2015 Niagara Escarpment Plan Review. 1 of 1 7

8 LOT 173 LOT 174 LOT 175 LOT 176 LOT 177 LOT 178 LOT 179 S ix M LOT 181 LOT 182 LOT 183 LOT 184 GARNER ROAD CONCESSION 7 il e C r ee k WARNER ROAD LOT 8 LINE 6 LOT 13 LOT 28 LOT 33 LOT 47 LOT 52 LOT 64 LOT 69 LOT 148 LOT 147 LOT 144 LOT 180 LOT 143 LOT 9 LOT 29 LOT 32 LOT 48 LOT 51 LOT 65 LOT 68 LOT 82 LOT 85 LOT 103 LOT 118 LOT 146 LOT 145 LOT 81 LOT 142 LOT 86 LOT 99 LOT 141 LOT 104 LOT 117 KALAR ROAD CONCESSION 6 QUEENSTON ROAD LOT 140 WARNER ROAD LOT 14 MEWBUR N ROAD LOT 27 MATTHEWS DRIVE MONTROSE ROAD WOODBINE STREET P LOT 34 LOT 46 LOT 53 LOT 127 LOT 128 LOT 129 LOT 130 LOT 131 LOT 132 LOT 133 LOT 134 LOT 135 LOT 136 CONCESSION 5 LOT 7 LOT 6 LOT 70 CHOROZY STREET ALPINE DRI VE OST R O AD LOT 137 LOT 138 WARNER ROAD LOT 15 OLDEN AVENUE LOT 54 LOT 104 LOT 103 LOT 102 KENT AVENUE LOT 99 LOT 98 LOT 97 LOT 26 LOT 101 LOT 100 LOT 96 LOT 35 LOT 62 LOT 71 LOT 94 LOT 93 LOT 79 FOUR MILE CREEK ROAD YORK ROAD MOUNTAIN ROAD RIALL STREET DORCHESTER ROAD LOT 88 LOT 97 LOT 115 MAP 1 NIAGARA ESCARPMENT PLAN FILE NO. N/S/ /301 APPLICANT: COTTON HOLDING INC NOTE: The Niagara Escarpment Plan Designation boundaries shown on this map are approximate and subject to confirmation through Site Inspection and the application of the 'Interpretation of Boundaries' section of the Niagara Escarpment Plan Printed on Jun 12, Queen s Printer for Ontario. May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY LINE 8 TANBARK ROAD LOT 81 LOT 5 LOT 25 PETTIT AVENUE LOT 82 LOT 91 LOT 16 LOT 55 LOT 83 LOT 87 ST PAUL AVENUE LINE 7 LINE 8 TOWNLINE ROAD NIAGARA ST JAMES AVENUE CROPP STREET LOT 114 LOT 84 LOT 88 LOT 96 SWAYZE DRIVE PORTAGE ROAD LINE 9 LOT 4LOT 3 LOT 56 LOT 57 VINE STREET LOT 56 LOT 50 LOT 48 LOT 17 LOT 24 LOT 37 LOT 73 LOT 55 LOT 77 MORRISON STREET SCOTT STREET STANLEY AVENUE CONCESSION 2 LOT 54 LOT 53 LOT 52 LOT 51 LOT 49 LOT 90 LOT 95 VALLEY WAY LOT 18 SIXTH AVENUE LOT 36 LOT 37 LOT 39 LOT 45 LOT 40 LOT 23 LOT 38 LOT 38 LOT 41 LOT 42 LOT 57 LOT 59 LOT 74 LOT 76 LOT 42 LOT 44 Q u e e n s t o n H e i g h t s PORTAGE ROAD VICTORIA AVENUE MCRAE STREET THIRD AVENUE CONCESSION 1 LOT 43 LOT 46 LINE 8 LOT 6 LOT 2 LOT 19 LOT 22 LOT 39 LOT 41 LINE 6 NIAGARA P ARKWAY The Whirlpool LOT 9 LOT 8 N i a g a r a G o r g e N i a g a r a G l e n PARK STREET PALMER AVENUE LOT 5 QUEENSTON STREET LOT 4 LOT 3 LOT 1 Devils Hole Rapids Whirlpool Rapids LOT 110 LOT 75 LOT 92 LEGEND Subject Property Plan Designations Escarpment Natural Area Escarpment Protection Area Escarpment Rural Area LOT 2 LOT 1 LOT 20 Minor Urban Centre Public Land (in Parks and Open Space System) Special Policy Areas ( ( ( ( Mineral Resource Extraction Area ( ( ( ( Escarpment Recreation Area by BOCHENEKAN Urban Area Approximate Scale 1: Metres

9 MELROSE DRIVE STANLEY AVENUE LOT 47 LOT 92 TOWNLINE ROAD NIAGARA LOT 5 GORE LOT 4 LOT 17 MAP 2 LOT CONFIGURATION FILE NO. N/S/ /301 LEGEND Subject Property APPLICANT: COTTON HOLDING INC Printed on Jun 12, 2013 Approximate Scale 1:5000 by BOCHENEKAN Metres 2013 Queen s Printer for Ontario. May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY

10 MELROSE DRIVE LOT 92 LOT 47 A TOWNLINE ROAD NIAGAR LOT 5 GORE STANLEY AVENUE LOT 4 LOT 17 MAP 2A ORTHOPHOTO LEGEND Subject Property FILE NO. N/S/ /301 APPLICANT: COTTON HOLDING INC Orthophoto Date: Printed on Jun 12, 2013 by BOCHENEKAN 2013 Queen s Printer for Ontario. May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY 0 Approximate Scale 1: Metres

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