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Town of LaSalle
Official Plan
Download the Town of LaSalle Official Plan (pdf) Official Plan Adopted By Council on October
14,1997 and Provincially Approved on May 18, 1998
OPA No. 1 Adopted By Council on November
12,2002 and Provincially Approved on November 4, 2003
Official Plan Prepared By: Prince, Silani & Associates Ltd Urban and
Rural Planning Consultants
OPA No. 1 Prepared By: The Town of LaSalle,
Department of Planning TABLE OF CONTENTS
SECTION 1: PURPOSE AND BASIS OF THE PLAN
1.1 - INTRODUCTION
This Plan, as approved by the Minister of
Municipal Affairs and Housing on April 23, 1998 is known as the
Official Plan for the Town of LaSalle.
The following text and Schedules "A", "B",
"B-1", "B-2", "B-3", "B-4", "B-5", "C", "D", "E", "F" and "G"
inclusive constitute the Official Plan. The policies and land use
designations described in this Plan should not be considered static
and will be reviewed and altered by way of amendment as required.
The designations and policies of this Plan are based on background
research that was conducted prior to the formal adoption of this
document. A major portion of this research is available in the form
of discussion papers dated April 1996 and March 1997.
1.2 - LEGISLATIVE AUTHORITY
Under Section 17 of the Planning Act, R.S.O.
1990, as amended, the Council of a municipality may provide for the
preparation of a plan suitable for adoption as the Official Plan of
the municipality.
The following text and schedules constituting
the Official Plan for the Town of LaSalle apply to all the lands
located within the Town's corporate limits.
An Official Plan is defined in the Planning Act
as a document, approved by the Minister, containing goals and
objectives and policies established primarily to provide guidance
for the physical development of a municipality while having regard
to relevant social, economic and environmental matters.
Section 24 of the Planning Act further provides
that where an Official Plan is in effect, no public work shall be
undertaken and no By-law passed for any purpose unless it is in
conformity with the Official Plan.
1.3 - PLANNING
HISTORY This Official Plan replaces an official
plan which was adopted by Council in August of 1977, and approved
by the Minister in September of 1978.
Major amendments to the previous official plan
have been adopted by Council during the last two decades, including:
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the addition of secondary plan policies for
all Stage 1 Planning Districts (1981, 1982, 1988, 1990 and
1991);
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a comprehensive policy revision with new
rural land division policies (1989);
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new residential policies and housing
targets (1992).
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the inclusion of new wetland policies and
designations (1995); and
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new policies and designations for the
LaSalle Woodlot ESA (1995).
1.4 - PURPOSE OF THE PLAN
This Official Plan sets out, in general terms, the future pattern of
development envisaged for the Town of LaSalle for a twenty year
planning horizon.
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The Plan's purpose is to: |
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a) |
Provide direction and establish policies which will be used by
Council, the Committee of Adjustment, municipal staff and other
affected stakeholders when making decisions with respect to land use
planning and development matters town-wide;
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b) |
Articulate a comprehensive and ecologically
based land use planning and growth management policy framework;
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c) |
Protect and enhance remaining natural
heritage areas and wildlife habitat features that can sustain a
diverse range of aquatic and terrestrial species of plants and
animals that are native to the Essex Region of Ontario;
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d) |
Facilitate the implementation and maintenance of a new "greenway
system" that is capable of connecting human settlements to other
human settlements, wildlife habitat areas to each other, urban to
rural areas, waterfront to non-waterfront lands, and people to
nature;
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e) |
Encourage all non-agricultural
development to locate within the designated urban area of the Town,
where a full range of municipal infrastructure and community
facilities and services can be provided in an economically and
environmentally sound manner which is sustainable over the long
term;
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f) |
Ensure that good agricultural land is
preserved and enhanced for agricultural use;
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g) |
Control urban sprawl by: eliminating
scattered and uncontrolled development; encouraging a logical and
orderly pattern of compact development; and creating a permanent
rural buffer area outside the designated urban service area of the
Town of LaSalle;
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h) |
Establish a land use pattern that ensures a
basic compatibility between and among the Town's various land uses;
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i) |
Encourage the provision of a broad range of
housing forms, tenures, and sizes to meet the needs of all
households, including households of low and moderate income levels;
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j) |
Establish and maintain a transportation
network that is capable of providing safe, efficient and convenient
vehicular and pedestrian traffic movements to/from areas situated
within the Town and to/from other parts of Essex County and the City
of Windsor;
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k) |
Ensure that future development does not
place an unnecessary financial burden on existing ratepayers, and
occurs at a pace which is within the financial capability of the Town;
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l) |
Maintain a strong and vibrant local economy
which is able to generate a broad range of employment opportunities
for Town ratepayers, and is also capable of assisting the Town with
the financing of required municipal infrastructure and services;
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m) |
Inform the private sector of the type and
standard of development that will be permitted within the Town. |
1.5 - BASIS OF THE PLAN
The policies contained in this Plan are based
on the research and analysis undertaken as part of the Official Plan
review phase, and consultations and meetings that have taken place
with representatives from various provincial ministries and local
agencies. The assumptions and conclusions that
have been used to formulate the Town's land use goals and policies
will over time be reviewed and, if necessary, amended by Council.
1.5.1 Time Period of Plan
This Plan is intended to guide future
development within the corporate limits of the Town of LaSalle until
2016. All forecasts of growth and related land use
requirements correspond to this planning period. Council will
review this Plan at least once every five years to ensure that the
policies and land use designations contained herein remain relevant
to the Town's development circumstances. 1.5.2 Municipal Profile and Future Policy Direction
The Town of LaSalle is a rapidly urbanizing
municipality situated in the northwest quadrant of Essex County,
bordered by the Township of Anderdon to the south, the Township of
Sandwich South to the east, and the City of Windsor to the north.
The Detroit River forms the westerly boundary of the Town.
A number of major transportation and utility
corridors, and inland watercourses traverse the Town, including
Highway No. 18, Highway No. 3, the Essex Terminal Railway, Ontario
Hydro bulk transmission lines, Turkey Creek and the Canard River.
Currently, 14 percent of the Town's total land
area of 6500 hectares is being used for residential, commercial and
other forms of urban land uses. The remaining lands are vacant,
comprise one or more natural heritage features and/or are being used
for a non-urban form of land use such as cash-crop farming and farm
and non-farm related rural residences.
In a region of Ontario with less than 4 percent
tree cover for the entire county, the Town of LaSalle is fortunate
to still have a small but significant amount of land area consisting
of Carolinian forests, provincially significant wetlands, and tall
grass prairie communities.
As of April 1996, 8 percent (520 hectares) of
all land situated within the corporate limits of the Town of LaSalle
(excluding Fighting and Grassy Islands) was wooded and/or contained
plant species and wildlife habitat which, from a biological
perspective, are considered to be a "natural heritage area". Natural
heritage areas are defined as sites that are relatively undisturbed
and which retain some ecological function such as providing habitat
for wildlife or contributing to the protection and enhancement of
water quality.
A comprehensive biological inventory and
evaluation of remaining natural heritage sites was conducted in the
spring, summer, fall and early winter of 1995, to determine the
ecological significance of each remaining site. The results of the
work carried out for the Town can be found in the April 1996
Discussion Paper No. 1, entitled "Candidate Natural Heritage Area
Biological Inventory and Land Use Planning Policy Direction".
It should be noted that in the last decade
(between 1986 and 1996) a total of 78 hectares of natural area was
removed or destroyed in the Town as a direct result of development
approvals that have been obtained.
A fundamental shift in land use planning
practice has been put in place in the Town of LaSalle during the
last 3 to 4 years, primarily due to a new awareness and appreciation
by Council of the importance of the natural environment to human
beings as a species. Site-specific protection strategies targeted
towards one or more individual natural heritage sites (such as the
LaSalle Woodlot), while important and necessary in the short-term,
will not adequately address broader "system-wide" environmental
issues.
Council now recognizes and agrees that a
comprehensive, ecologically based, flexible and community supported
policy approach will be more effective over the long-term to address
complex and difficult issues affecting natural heritage protection,
land use planning and growth management issues.
1.5.3 Forecasted Residential Demand
Between 1966 and 1996 the Town's population
grew at an average rate of 3 percent per year. The most recent
census data available indicates that the Town's 1996 population was
20,566, an increase of 12,260 persons over the last three decades.
The Town's population increased at a very rapid
rate during the last 30 years when compared to the growth rate for
the economic region as a whole (148 percent for the Town versus 19.1
percent for the Windsor Census Metropolitan Area).
The age profile of the Town's population has
changed significantly since the early 1970s, with an increase in the
number of mature adults and seniors and a corresponding decline in
the number of children. The mature adult population increased
from 21 percent in 1971 to 29 percent in 1991, whereas the school
age population has decreased from 35 to 24 percent of the Town's
total population. These shifts are not
unexpected, as they are primarily a result of the baby boom
generation (individuals born between 1947 and 1966) moving through
young adulthood to the 35 to 54 age group.
As the 21st century approaches, the Town will
likely experience a significant increase in the total number of
seniors and a continued decline in the pre-school and school age
population. This trend towards an aging population is the result of
both the maturing of "baby boomers" and a general increase in life
expectancies. The ramifications of this changing age profile will be
experienced in all aspects of society, including the provision of
health care and educational services, recreational and leisure
facilities and programs, and housing requirements.
The Town's average household size declined from
4.0 persons to 3.2 persons per household between 1971 and 1991. This
change in average household size can be attributed to a number of
social and economic factors that have contributed to declining
fertility and mortality rates province-wide and an increased number
of "empty-nester" households and single-parent families. These
trends are expected to continue for the foreseeable future as the
population continues to age and a greater number of individuals
reside in 1 and 2 person households.
Since 1990, Council has attempted to encourage
and facilitate the construction of a broader range of housing types
and tenures town-wide to meet the needs of all households. A total
of 200 semi-detached, townhouse and apartment type dwelling units
have been built by private and public-sector developers and builders
during the last 7 year period. All remaining dwelling units
constructed during this period (1,820) were single-unit detached
dwellings.
The residential policies contained in this Plan
are based on the following population and housing demand forecasts:
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(a) |
Population Forecasts
Three population scenarios have been
identified and evaluated for the Town of LaSalle, based on various
assumptions with respect to changes in both rates of natural
increase and migration. These scenarios range from 1 to 4 percent
growth per year.
Considering historical trends, recent
development activity in the Town and in the surrounding
municipalities, remaining sanitary sewage capacity and land supply,
and likely future economic prospects, the most probable forecasts
indicate that by the year 2016 the Town's overall population will
be in the area of 32,400 to 44,500. This represents an average
annual growth rate of between 2.5 and 4.0 percent per year.
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(b) |
Housing Demand Forecasts
These population forecasts are expected to
translate into a demand for an additional 4,500 to 8,500 housing
units during the planning period 1997 to 2016. Demographic,
economic and migration factors which affect demand for housing
should be reviewed periodically and, if necessary, these forecasts
should be revised and updated. In order to meet
the existing and anticipated future needs of a more mature
population with smaller household sizes, a more diverse range of
housing types, tenures and sizes will be required by the municipality
As of December 1996, a potential supply of approximately 1300
hectares of residentially designated and vacant land existed with
the Town's existing urban area. To meet the anticipated demand for
new housing during the next 20 year planning horizon, the Town will
need to have available approximately 410 to 780 hectares of
residentially designated land. |
1.5.4 Forecasted
Commercial and Industrial Demand
Over the last decade approximately 2 hectares
of new commercial floor space and 4 hectares of new industrial floor
space was built in the Town of LaSalle.
Convenient and safe access to/from major
transportation corridors (such as Highway 401, the Ambassador
Bridge, and Highway No. 3) and major employment centres in
southeastern Michigan and Metropolitan Windsor will enable the Howard
Business Park and the Morton Industrial Park to support new
employment and investment opportunities for Town residents for the
life of this Plan.
The presence of a skilled labour force capable
of producing a high quality product at competitive prices is another
important factor that will attract new investment that is capable of
being competitive in a world economy. The tool and die and mold
makers from the Windsor-Essex County Region have been recognized as
being world leaders in their industry.
With an anticipated absorption rate of
approximately 5 to 10 hectares of light industrial land per year,
approximately 200 hectares of vacant, industrially designated and
zoned, and fully serviced land should be made available in
appropriate locations to meet the anticipated future demand for such
uses to the year 2016. Evolving market and
economic conditions now require that a broader range of
complementary commercial land uses should be allowed with and/or as
part of a light industrial/business park setting. Office,
service commercial uses, and large free-standing retail store uses
which require high exposure locations on main thoroughfares and
relatively large land areas should be encouraged to locate with the
Town's industrial/business parks. As the
residential population of the Town continues to grow, the Town will
need to set aside, designate, and zone sufficient land to
accommodate a full range of commercial land uses which are capable
of serving neighbourhood, marine-related, town-wide and regional
markets.
Council recognizes that the amount of land
required for commercial purposes will be determined by market forces
based on demographic, economic, transportation and social factors.
This plan will assist the private sector in meeting the needs of a
growing population by establishing a policy and regulatory framework
that will encourage the provision of a diverse and evolving range of
goods and services to meet the needs of ratepayers, on lands that
meet locational, transportation, and servicing criteria.
1.5.5 Forecasted Agricultural Demand
Over the next twenty year planning horizon the
amount of land designated for urban purposes will remain unchanged at
approximately 42 percent of all land town-wide. The remaining
58 percent (3800 hectares of land) will be protected from urban
development and will be designated and available for agricultural
use and for the conservation and rehabilitation of remaining natural
heritage features. Agricultural industry analysts suggest a
continuation of the present trend towards fewer farmers owning
larger or a greater number of farms and requiring even less labour
because of increased mechanization. Based on existing soil and
drainage characteristics, cash-crop farming will likely continue to
be the preferred agricultural activity town-wide. However, as market
conditions, farm practices, and technological improvements change in
the coming decades, more intensive and diverse forms of agricultural
uses will likely evolve.
SECTION 2 - GENERAL DEVELOPMENT POLICIES The
policies in this section apply to development proposals in all
designations shown on Schedules "A", "B",
"B-1", "B-2", "B-3", "B-4", "B-5", "C", "D", "E", "F" and "G" of this Plan. Many of the
policies contained in this section are included at the request of
Provincial Ministries and Agencies and are required to reflect
current Provincial Policy Statements and/or directions.
2.1 - GENERAL
New development with the Town is generally
encouraged. However, adequate safeguards in the form of planning
policies and regulations will be maintained to ensure that new uses
are developed in harmony with existing uses and that they are
properly serviced. 2.2 - SITE SUITABILITY
Prior to the approval of any development or
amendment to this Plan or the Zoning By-law, it shall be established
to the satisfaction of Council and all other bodes having
jurisdiction that:
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a) |
Soil and drainage conditions are suitable to
permit the proper siting of buildings;
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b) |
The services and utilities, whether
municipal or private, can adequately accommodate the proposed
development;
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c) |
The road system is adequate to accommodate
projected increases in traffic;
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d) |
The land fronts on a public road which is of
a reasonable standard of construction;
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e) |
Adequate measures will be taken to alleviate
prevent any adverse effects that the proposed use may possibly have
upon any existing or proposed adjacent use. |
2.3 - VISUAL AMENITY AND DESIGN
The visual amenity of the Town will be preserved
and enhanced wherever possible. This will be achieved by encouraging
good site design throughout the Town of LaSalle, and by enforcing
minimum property standards, sign and fence By-law regulations.
The Town will use site plan control in
accordance with Section 6.4 of this Plan to require buffering
between uses of land where there may be conflicts such that one use
may detract from the enjoyment and functioning of the adjoining use.
Such buffering may include landscaping, screening and the separation
of uses by extra distance between them.
2.4
- MINIMUM DISTANCE SEPARATION Because livestock
operations and other types of land uses have compatibility problems
if located too closely to one another, the Town's Zoning By-law will
ensure that a buffer area is maintained between the uses in all
designations. To achieve this objective, the
location of new and the expansion of existing livestock operations
shall comply with the Maximum Distance Separation (MDS) 11. To
ensure that the Minimum Distance Separation (MDS) is used
reciprocally, livestock operations will also be protected from
encroachment by residential and other types of uses in the Zoning
By-law through the use of the Minimum Distance Separation (MDS) I.
2.5 - HERITAGE CONSERVATION
It is the policy of this Plan to encourage the
restoration, protection and maintenance of the Town's heritage
resources which include buildings, structures and landscapes of
historical and/or architectural value.
All new development or redevelopment permitted
by the policies and designations of this Plan shall, as far as
possible, have regard to heritage resources.
It shall be the policy of the Town to use
all relevant legislation and programs whenever possible to encourage
the preservation and enhancement of heritage resources and to
develop a greater awareness of the value of heritage conservation in
the community. When appropriate and necessary,
the Town will use the provisions of the Ontario Heritage Act to
conserve, protect and enhance the Town's heritage features.
The Town may establish Local Architectural
Conservation Advisory Committees pursuant to the Ontario Heritage
Act, for the purposes of identifying significant heritage resources,
designating heritage resources under Parts IV and V of the Ontario
Heritage Act, advising municipal Council on matters related to
heritage conservation, and assisting with the conservation of these
resources.
The Town of LaSalle recognizes the importance
of its archaeological resources, and in managing them in a
responsible manner. Council shall ensure that development on lands
containing significant archaeological resources shall avoid the
destruction or alteration of these resources. Where this is not
possible, significant archaeological resources shall be conserved
through removal and documentation in advance of land disturbances,
and in accordance with archaeological licensing provisions of the
Ontario Heritage Act. 2.6 - ENERGY CONSERVATION
The Town shall promote energy conservation by
encouraging developers to implement designs which attempt to
minimize energy use.
Techniques such as innovative building designs,
efficient road patterns, lot layouts and landscaping, all of which
can reduce future energy requirements, shall be encouraged.
The Town will also take a lead role and will
work with the development community and ratepayer groups to
formulate and implement a comprehensive network of walkways and
bikepaths throughout the urban area of the Town.
Non-automobile and conservation-friendly forms of transportation
between and within residential neighbourhoods town-wide will be
encouraged and promoted.
2.7 - ELECTRIC POWER
FACILITIES
In accordance with Section 62 of the Planning
Act, R.S.O. 1990 any electric power facility use of lands, buildings
or structures by Ontario Hydro that satisfies the Environmental
Assessment Act shall be exempt from the policies of this Plan and
the provisions of the Town's Zoning By-law.
However, any executive, administrative and
retail use of lands, buildings or structures by Ontario Hydro that
is not subject to approval under the Environmental Assessment Act
shall comply with the policies of this Plan and the provisions of
the Zoning By-law. 2.8 - OTHER UTILITY FACILITIES
All existing facilities and the development of
any new facilities associated with a public utility, a telephone,
television, cable transmission or other similar communications
company, or a gas distribution or transmission company, shall be
permitted in any land use designation except the Agricultural
designation without an amendment to this Plan.
The utility or company involved should consult
the Town regarding the location of any and all new facilities.
Non-linear facilities not contained totally underground will require an
amendment to the Zoning By-law. When aboveground, non-hear
facilities are proposed in the Agricultural designation, the need
must be documented, as must the reasons why lower capability or
marginal land cannot be used.
The policies of this Plan do not apply to any
facility to be located in a road allowance, regardless of the land
use designation. All buildings and facilities not used directly for
the transmission or reception of an electrical current or signal, a
liquid or gas or similar substance, shall comply with the other
provisions of this Plan and the Zoning By-law.
2.9 - INSTITUTIONAL USES
Existing schools, churches and community halls
associated with churches and all other existing community facilities
are designated "Community Facility" in this Plan, and shall be zoned
accordingly in the implementing Zoning By-law. The development of
new institutional uses such as schools and churches shall only be
permitted in accordance with the "Residential" and "Community
Facility" policies of this Plan.
2.10 - PERMITTED PUBLIC USES
The By-law which implements this Plan shall
allow the erection or use of any land, building or structure with
the Town for any purpose required by the Corporation of the Town of
LaSalle provided:
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a) |
The lot coverage, setback and yard
requirements prescribed for the zone in which such land, building or
structure is located are complied with;
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b) |
No goods, materials or equipment are stored
in the open in a residential zone or in a lot adjacent to a
residential zone; and
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c) |
Any parking and loading regulations for
these uses are complied with. |
2.11 - MOBILE HOMES
Mobile homes shall not be permitted in the Town
except for the accommodation of seasonal farm labourers. Mobile
homes used for this purpose shall specifically be listed as permitted
uses in the Agricultural zones.
2.12 - WAYSIDE PITS, QUARRIES AND PORTABLE
ASPHALT PLANTS
Wayside pits and quarries defined as pits and
quarries opened and used by a public road authority for the purposes
of a particular road construction project shall be permitted,
without amendments to this Plan or implementing Zoning By-law,
except in residential and environmentally significant and sensitive
areas.
On specialty crop lands and on good
agricultural lands (Classes 1 to 3 according to the Canada Land
Inventory classification system) wayside pits and quarries may
occur, if agricultural rehabilitation of the site is carried out,
and substantially the same acreage and average soil capability for
agriculture are restored.
Portable asphalt plants (with the meaning of
such a facility defined at the end of this subsection), used by a
public road authority or its agent, shall be permitted in the
Agricultural designation without amendment to this Plan or Zoning
By-law, subject to the following provisions:
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i) |
Portable asphalt plants must obtain a
certificate of approval from the Ministry of Environment and Energy;
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ii) |
Portable asphalt plants must meet the MOEE
minimum separation distance, but in no case shall they be located
closer than 400 metres from an existing residence;
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iii) |
Portable asphalt plants must be removed
from the site upon completion of the public project;
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iv) |
Sites used for portable asphalt plants in
the agricultural areas, will be rehabilitated to their former
agricultural use.
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Portable asphalt plant means a facility:
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a) |
With equipment designed to heat and dry
aggregate and to mix aggregate with bituminous asphalt to produce
asphalt paving material, and includes stockpiling and storage of
bulk materials used in the process; and
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b) |
Which
is not of permanent construction, but is designed to be dismantled
and moved to another location as required.
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2.13 - WOODLOTS
The Plan recognizes the importance of trees to
the long-term viability of agricultural lands due to their
moderating effects on temperatures and their controlling influence
on soil erosion.
To encourage the long-term protection of
existing woodlots, the municipality may consider implementing
relevant sections of the Forestry Act, the Trees Act, the Woodlands
Improvement Act, the Municipal Act and any other relevant
legislation.
2.14 - DEVELOPMENT ALONG RAILWAYS
Prior to their approval, applications for
Official Plan amendments, Zoning By-law amendments, removal of
holding zones, consent applications, plans of subdivision or
condominium or any development that is subject to site plan control
on lands that are within 300 metres of a rail right-of-way shall be
circulated to the appropriate rail company for comments with regard
to the recommended noise, vibration and impact mitigation measures.
A study may have to be undertaken to analyze
noise and/or vibration and to recommend abatement measures necessary
to achieve the noise level limits set by the Ministry of Environment
and Energy.
Generally, lands within 300 metres of rail
rights-of way are considered noise sensitive areas and lands within
75 metres of rail rights-of-way are considered vibration sensitive
areas. All lands abutting rail rights-of-way are considered safety
sensitive areas and setbacks, berming, fencing and other measures
may be required to the satisfaction of the municipality in
consultation with the appropriate rail company.
2.15 - DEVELOPMENT ABUTTING PROVINCIAL HIGHWAYS
AND COUNTY ROADS
In addition to all other municipal
requirements, all development adjacent to provincial highways and
county roads is also subject to the requirements and permits of the
Ministry of Transportation and the County of Essex.
Prior to any residential development being
permitted adjacent to an existing provincial highway and along
county arterial roads, a study may have to be undertaken by the
proponent to analyze noise and/or vibration and to recommend
abatement measures necessary to achieve the noise level limits set
by the Ministry of Environment and Energy.
2.16 - DEVELOPMENT ALONG INLAND WATERCOURSES
For those Inland watercourses and municipal
drains where engineered floodlines are not available, the
municipality, in consultation with the Essex Region Conservation
Authority, will incorporate appropriate budding setbacks from the
top of such watercourses and municipal drains into the Zoning
By-law. When determining such setbacks, the
municipality shall take into consideration the type of development
applications for lands adjacent to any watercourse and drain. The
municipality, in consultation with the Essex Region Conservation
Authority, may request the proponent to establish appropriate
floodproofing elevations, and such floodproofing requirements shall
be implemented through the Zoning By-law and development agreements.
2.17 - DEVELOPMENT NEAR FORMER WASTE DISPOSAL
SITE
A former waste disposal site is located in
Brunet Park, south of Normandy Road between Malden Road and Disputed
Road. The lands surrounding this site are designated "Natural
Environment" and "Residential", as depicted on Schedule "B-2" to
this Plan.
Notwithstanding any other policy of this Plan
to the contrary, prior to new land uses being developed on lands
within 500 metres of existing and/or former waste disposal site, the
owner(s) shall provide an engineering study to the satisfaction of
the Ministry of Environment and Energy and Council confirming that
the lands to be developed are secure from potential methane gas
and/or leachate migration from the former waste disposal site.
Where development is located or proposed on a waste disposal site,
no official plan amendment, Zoning By-law amendment, or budding
permit will be adopted until approval from the Ministry of
Environment is obtained in accordance with the Environmental
Protection Act.
It is the intent of Council to utilize
appropriate setback, buffering, and mitigation techniques to
maximize compatibility between sewage treatment plants and adjacent
land uses. The buffer separation distances outlined in the Ministry
of Environment publication entitled "Compatibility between Sewage
Treatment and Sensitive Land Use" July 1995, or its successor, will be
used as a guide.
2.18 - RE-USE OF POTENTIALLY CONTAMINATED SITES
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i) |
Potentially contaminated sites include lands
where contaminants may be present due to previous industrial,
transportation, utility or similar uses. Sources of contamination
can include disposal of waste materials, raw material storage,
residues left in containers, maintenance activities and spas. Some
commercial uses such as gasoline stations and automotive repair
garages have a similar potential.
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ii) |
Where there is evidence that development is
being proposed on lands that may be contaminated, Council shall
require that a soil study be prepared, in accordance with Provincial
guidelines for the decommissioning and clean up of the contaminated
site, and submitted along with the development application.
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iii) |
Residential development and/or uses will
not be permitted until the site has been restored in accordance with
Provincial guidelines and legislation.
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iv) |
Development of any contaminated site shall
not be permitted until the site is decommissioned or cleaned up, to
the satisfaction of the municipality, and subject to the submission
to the municipality of a Ministry of Environment acknowledged Record
of Site Condition.
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2.19 - BI-NATIONAL TRANSPORTATION STUDY
Council recognizes and acknowledges that a
Bi-National Transportation Study is currently underway to determine
the need for and the location of additional border crossing capacity
and its connecting roadways in the Windsor-Detroit area. To date, a
number of opportunity corridors (study areas) have been identified
by the Bi- National Study Team in its "Feasible Transportation
Alternatives Working Paper, dated June 2003. Three of these
corridors pass through large areas of the Town of LaSalle, including
land with the Bouffard and Howard Planning Districts. In the event
that a route through the Town of LaSalle is approved in accordance
with all applicable Environmental Assessment legislation, Council
acknowledges that additional transportation policies may be required
to amend the Town's Official Plan.
2.20 - SPECIAL
POLICY AREA - SPECIES AT RISK
The "Special Policy Area - Species at Risk" as
depicted on Schedule "B-4" is an area known to support a
provincially threatened species. No development or site alteration
will be permitted until a biological study is completed that defines
the significant portion of the habitat, satisfactory to the Town of
LaSalle. No development or site alteration will be permitted in the
significant portion of the habitat. An environmental impact study to
address how development on land with 50 metres of the significant
habitat will be required to ensure no negative impacts to this natural
feature. Prior to commencement of the study, pre-consultation with
the Ministry of Natural Resources, Essex Region Conservation
Authority and other biological specialists shall take place. Terms
of reference will also be required.
SECTION 3: LAND USE PLAN
3.1 - INTRODUCTION
This section of the Plan establishes the Town's
overall land use, natural resource and growth management policy
framework. It also articulates the goals and policies that
pertain to the various land use designations and the Flood Plain
Development Control Area and the Detroit River Floodprone Area as
depicted on Schedules "B",
"B-1", "B-2", "B-3", "B-4", "B-5", "C", "D", "E",
and "F" of this Plan.
Reference should also be made to the policies
of Sections 2, 4,
5, 6 and
7 of this Plan when considering the land
use policies in this section in order that the general development,
secondary plan, land division, servicing and implementation policies
of the Plan are upheld.
In recognition of the service levels available
and/or planned for the municipality, the Town of LaSalle is divided
into an urban and rural area. The boundary between the urban and
rural areas was established by Town Council and the province in the
mid-1970s' and represents the limits of the sanitary sewerage
service area.
The urban area has been further divided into
five planning districts, as shown on Schedule "A" to this Plan.
These districts are designed to provide a framework for the
implementation and on-going administration of the Official Plan.
For the purposes of this Plan, the five
planning districts have been assigned a maximum design population to
ensure that the population density in any given neighbourhood
(and/or the population equivalent for any business park, commercial,
and institutional use) bears a reasonable relationship to the trunk
infrastructure that has been planned and constructed with the urban
service area. The Town's sanitary sewerage service area was designed
to accommodate a population equivalent capacity in excess of 80,000
persons, to be assigned as follows among the five planning
districts: a) Front Road Planning District -
28,200
b) Malden Planning District - 22,800
c) Talbot Planning District - 12,400
d) Bouffard Planning District - 20,000
e) Howard Planning District - 5,000
3.2
- AGRICULTURAL
The Agricultural designation is shown on
Schedule "B" of this Plan.
3.2.1 Goals
The following goals are established for the
Agricultural area:
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i) |
To preserve good
agriculture land for agricultural purposes, and to encourage and
support farm practices and agricultural land uses which are
sustainable over the long-term;
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ii) |
To allow farm operators flexibility to
engage in a wide range of agricultural activities;
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iii) |
To maintain the viability of farm units by discouraging the
unnecessary fragmentation of existing farms;
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iv) |
To minimize conflicts in land use and to
maximize existing municipal infrastructure and services by not
allowing new intrusions of non-farm development outside the sanitary
sewerage service area. |
3.2.2 Policies
The following policies shall apply to those
lands designated "Agricultural" on the Land Use Schedules of this
Plan:
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i) |
The predominant use of land shall be
agricultural and agricultural-related, including the growing of
crops and the raising of livestock, forestry and conservation uses;
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ii) |
Mushroom operations including the growing,
harvesting, cleaning, packaging, and shipping of mushrooms and any
other uses related to mushroom production are also permitted in the
Agricultural designation but require an amendment to the Zoning
By-law and are subject to site plan control. When an application for
a By-law amendment to allow a mushroom operation is made, Council
shall have due regard to the following:
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a) |
The proximity of the proposed operation to
existing residential uses and zones;
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b) |
The
location of the proposed operation and other existing uses with
respect to the prevailing winds;
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c) |
Comments and recommendations of the Ministry
of Agriculture and Food and the Ministry of Environment and Energy;
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d) |
The criteria listed in subsection 6.16 of
this Plan;
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iii) |
Livestock intensive agricultural uses, as
defined in the Zoning By-law, are permitted in the Agricultural
designation without an amendment to the Zoning By-law provided the
proposed location is in compliance with the Minimum Distance
Separation (MDS) 11;
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iv) |
Tree farms and retail
nursery outlets are permitted in the agricultural designation
without an amendment to the Zoning By-law provided that all goods
and materials for sale are grown or produced on site. Those
establishments that have goods produced offsite will require an
amendment to the Town's Zoning By-law to place the subject property
in an agriculturally defined area that specifically outlines the
type of facility that can be established;
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v) |
Existing residential and new agriculturally
related residential uses shall also be permitted. The Zoning By-law
shall only permit one residence per lot (lot as defined in the Zoning
By-law). However, more than one residence on a lot for the
purposes of housing farm help may be allowed once the need for such
housing has been adequately demonstrated in terms of the following:
the farm helps' working activity is primarily, but not necessary
exclusively, devoted to the farm operation; and the farm operation
requires the help to be accommodated close to the farm. This
additional residence should use the same access as the principal
residence and will not be severable in the future;
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vi) |
Ancillary farm occupations and home
occupations carried out for remuneration and as defined in the Zoning
By-law are permitted in the Agricultural designation.
However, the implementing Zoning By-law shall establish those farm
and home occupations that will be permitted without an amendment to
the By-law and those that will require a site specific amendment to
the By-law to be permitted in a defined area. In
general, farm occupations that are clearly required to be located in
the Agricultural area and provide a service to the agricultural
community primarily, such as a tile drainage contractor or a seed
corn dealership, will be permitted without a By-law amendment. All
other types of farm occupations that are carried out for
remuneration such as welding shops, repair shops, etc. will require
a site specific By-law amendment.
Home occupations that are totally contained
within the dwelling unit, including attached garages, will be
permitted without an amendment to the By-law. However, any home
occupation that requires the use of anything other than the
dwelling, except for parking, will require a By-law amendment.
The municipality may decide to require a
business licence for all farm and home occupations. If such a
By-law
is passed in accordance with the Municipal Act, the provisions of
the business licence must be adhered to. Applications to sever farm
or home occupations from the balance of the subject property shall
not be allowed;
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vii) |
The exploration, drilling for and
production of petroleum, natural gas or other similar materials
shall be permitted in the Agricultural designation and shall be a
permitted use in the Agricultural zones of the Zoning By-law
provided the exploration, drilling and production is in accordance
with the Petroleum Resources Act. In addition, plugging of
abandoned oil and natural gas wells and the storage of oil and
natural gas will be done in accordance with the Petroleum Resources
Act. At the same time, well operators shall ensure that:
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a) |
Salt water, drilling fluid, oil refuse and
any flammable products from a well are not handled or disposed of so
as to create a hazard to public health or contaminate any fresh
water horizons;
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b) |
Waste of oil field brine must not be
disposed of underground without the approval of the Ministry of
Natural Resources;
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c) |
Collection, storage and
surface disposal of oil field brine shall be in accordance with the
water quality standards of the Ministry of Environment and Energy,
where applicable;
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d) |
The operation of wells shall not exceed the
noise and vibration pollution standards of the Ministry of
Environment and Energy;
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viii) |
All development in the Agricultural
designation shall be in accordance with the land division policies
contained in Section 4 of this Plan. |
3.3 - RESIDENTIAL
The Residential designation is shown on
Schedules Schedules "B-1", "B-2", "B-3", "B-4",
and "B-5" of this Plan.
3.3.1 Goals
The following goals are established for the
Residential area:
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i) |
To encourage the provision of an adequate
supply of new residential building lots to meet the anticipated
demand for additional housing units over the next 20 years. To
accomplish this, the Town will attempt to have a three-year supply
of residential lots in either draft or final approved plans of
subdivision and a twenty-year supply of land designated for
residential development available at all times;
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ii) |
To broaden the range of housing options
available to existing and future residents of the Town by
encouraging the production of a more diverse and affordable mix of
housing that is capable of meeting the needs of all households,
including households of low and moderate incomes and households with
special needs. The provision of a mixture of housing forms, sizes,
tenures and affordable housing types, including both public and
private sector sponsored housing are to be encouraged;
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iii) |
To promote and support the creation of a
residential built form within the urban designated area of the Town
of LaSalle that is capable of:
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making the most efficient use of municipal
infrastructure and services;
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conserving and enhancing remaining natural
heritage features as depicted on Schedules "B" and "F" of this
Plan;
-
providing increased leisure and
recreational opportunities for all age groups;
-
strengthening community identity and
fostering a strong sense of place by carefully designing and
maintaining community facilities and recreational facilities
within each of the Town's urban neighbourhoods;
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improving the health and livability of
individual residential neighbourhoods town-wide by properly
integrating residential developments with each other and with
existing and planned recreational, educational and natural
heritage features and sites, through the implementation of the
proposed "greenway system" as depicted on Schedule "F" to this
Plan, and through the application of the transportation and
natural environment policies of this Plan.
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iv) |
To encourage new residential development to
occur in a manner that is economically and environmentally sound,
and is in keeping with the capacity of the municipal infrastructure
and services available and the financial capability of the
municipality to provide the required additional infrastructure and
services;
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v) |
To promote and encourage private landowners,
developers and builders to undertake residential intensification
activities in areas of the Town where a full range of municipal
infrastructure, community facilities, and goods and services are
ready available. Residential intensification includes infilling,
conversions and redevelopment, and will be encouraged in certain areas
of the Town as a means of increasing the supply of affordable rental
and ownership housing. |
3.3.2 Policies
The following policies shall apply to those
lands designated "Residential" on Schedules Schedules ""B-1", "B-2", "B-3", "B-4",
and "B-5" of this Plan:
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i) |
The lands designated Residential shall be
used primarily for residential purposes. Various types of
residential dwellings shall be permitted within this designation,
provided they meet all of the applicable policies of this Plan.
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ii) |
The regulations and zone provisions of the Town's comprehensive Zoning By-law implementing this Plan shall be in accordance with the
following:
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a) |
Low Density Residential Uses
The maximum permitted density with any Low
Density Residential Zone shall be 18 units per net hectare.
Permitted residential uses with a low density residential zone
category shall consist of single-unit detached dwellings,
semi-detached dwellings, and free-hold townhouse dwellings.
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b) |
Medium Density Residential Uses
The maximum permitted density with any Medium
Density Residential Zone shall be 30 units per net hectare.
Permitted residential uses with a medium density residential zone
category shall consist of duplex dwellings, triplex dwellings,
townhouse dwellings, and other multi-unit residential dwellings
which do not exceed 3 storeys in height.
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c) |
High Density Residential Uses
The maximum permitted density with any High
Density Residential Zone shall be 75 units per net hectare.
Permitted residential uses within a high
density residential zone category shall consist of multi-unit
dwellings such as low-rise and mid-rise apartment buildings,
generally not exceeding a height of 10 stories.
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iii) |
Council will utilize the following criteria in
the creation and application of medium and high density residential
zone categories in the Town of LaSalle:
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a) |
Medium and high density residential uses
should have frontage and/or access driveways onto a public roadway
which has been designed to accommodate additional volumes of
pedestrian and vehicular traffic;
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b) |
Proposals
will not be approved which would result in substantial traffic flow
increases on local streets serving single unit detached and
semi-detached residential development;
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c) |
Apartment buildings of more than 3 stories
should be separated from adjacent dwellings by a distance sufficient
to maintain the privacy, amenity and value of surrounding
residential properties.
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iv) |
In considering applications to amend the Town's comprehensive
Zoning By-law to establish a new medium or high
density residential zone category and/or to rezone a parcel of land
to permit a medium or high density residential use, Council must be
satisfied that the following criteria have been met:
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a) |
There is a demonstrated need for the
proposed residential development, as identified through an analysis
of housing supply and demand;
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b) |
The density and form of the proposed new
development should not adversely impact adjacent development;
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c) |
The Town's water supply, sanitary sewers
(and associated treatment plant capacity), storm drainage, and roads
must have sufficient capacity to accommodate the proposed medium or
high density residential use being proposed;
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d) |
There should be adequate school, park, and
other required community facilities to serve the proposed
development;
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e) |
Off-street parking facilities proposed to
serve the new residential development should be capable of meeting
the needs of the site without adversely impacting on the available
on-street parking in the surrounding neighbourhood; and
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f) |
Adequate buffering and on-site landscaping,
fencing and other site design elements are utilized to protect the
residential amenities of adjacent land uses.
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v) |
The following ancillary uses may be
permitted in a Residential designation where, in the opinion of
Council, they are deemed to be compatible:
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a) |
Neighbourhood commercial uses intended to
serve the immediate needs of the residents in the surrounding
neighbourhood with convenience goods and personal services. Any lot,
building or complex of buildings intended to be used for a permitted
convenience retail and/or service commercial use shall have frontage
onto and derive its access from a designated collector or arterial
road, and shall be limited to a maximum floor area of 2800 square
metres regardless of ownership;
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b) |
Home occupation uses that are of a limited
extent and operation, and do not require the services of more than
one employee;
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c) |
Churches, schools, and private home day care
uses.
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In interpreting what is compatible,
ancillary uses will be evaluated by Council according to the
following criteria:
-
the use should serve the needs of the
surrounding neighbourhood, and it should be a complementary
facility or activity that will not alter the predominantly
residential character and amenity of the area;
-
the traffic generation that the use may
give rise to should not be excessive in relation to the carrying
capacity and operational characteristics of the existing and
planned vehicular and pedestrian transportation network for the
neighbourhood affected;
-
the physical size and design of the
neighbourhood commercial use should be compact in nature and not
lead and/or contribute to the creation of hear commercial
districts;
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vi) |
The location of all provincially
significant wetlands, Areas of Natural and Scientific Interest
(ANSI), regionally significant environmental areas (ESA), and
locally significant natural areas (CNHS) are depicted on Schedules
"B", "B-1", "B-2", "B-3", and "D" of this Plan.
Existing wetland, ANSI and ESA sites have been designated 'Wetland"
and "Natural Environment". The policies of subsections 3.1 1 and 3.1
2 of this Plan apply to all wetland, ANSI and ESA sites.
All remaining locally significant natural
heritage areas (CNHS) have been inventoried and biologically
assessed to determine their significant, and are designated
"Residential" in this Plan.
It is necessary that Council have sufficient
information to properly assess whether a particular development plan
or site alteration activity proposed for one or more of the
remaining locally significant natural heritage sites (CNHS) will
have negative impacts on the remaining natural features or on the
ecological functions for which the natural area is identified. Accordingly, an Environmental Impact Study (EIS) will have to be
undertaken by the proponent in advance of any Planning Act approvals
being granted for lands located within a CNHS as depicted on
Schedules "B", "B-1", "B-2", "B- 3", "B-4", "B-5", "D" and "F" of
this Plan.
The Environmental Impact Study shall:
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be carried out by qualified professionals
in the field of ecology, terrestrial and aquatic biology,
environmental planning, and other relevant earth sciences;
-
identify and comment on existing
significant natural features, linkages, and ecological functions
of the site;
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explain the nature of the proposed
development and identify alternative development plans that
might also be feasible for the lands affected, and identify and
discuss the expected impacts of the development plan and the
alternatives available on the existing ecosystem and the
surrounding neighbourhood;
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recommend and discuss actions which should
be undertaken to eliminate, reduce or compensate for the
expected impacts consistent with accepted ecological, planning,
engineering and resource management techniques, practices and
principles;
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indicate how and why the development plan
being proposed may proceed in a manner which will not negatively
impact the significant natural feature affected;
-
describe the public and agency consultation
process that was used to obtain input for the EIS, and explain
how agency concerns have been addressed;
-
and be able to satisfy the natural heritage
policy goals and objectives as set out in this Plan and in the
Town's Official Plan Review Discussion Paper No. 1 dated
Apnl1996.
All residential development or site alterations
to be undertaken within a CNHS will only be permitted once it has
been demonstrated to the satisfaction of Council and ERCA that the
natural heritage site affected is being protected to the greatest
degree possible, and an EIS has been approved by the Town and ERCA
confirming that the proposed residential development and/or the
planned site alteration conforms with the environmental, greenway
and other applicable policies of this Plan.
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vii) |
Depending on the scale and nature of
development proposed on lands adjacent to a CNHS, Council may also
require an EIS to be undertaken for residentially designated lands
located with 100 metres of a Candidate Natural Heritage Site. In
such instances, the policies of subsection 3.3.2(vi) of the Plan,
with necessary modifications, will apply to establish the
requirement of the Environmental Impact Study.
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viii) |
Mobile homes shall not be a permitted use
in the Residential designation.
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ix) |
For lands located within 500 metres of a
closed landfill or near an area of organic soils having the
potential to generate methane gas, no development shall be permitted
unless the owner provides an engineering study prepared to the
satisfaction of the Ministry of Environment and Energy and Council
confirming that the lands to be developed for residential purposes
are secure or can be made secure from methane and/or leachate
migration.
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x) |
Agricultural uses, excluding
livestock activities and mushroom operations may, in the
implementing Zoning By-law, be permitted as an interim land use in
the Residential designation.
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xi) |
The Town will encourage the production of a
wide range of housing types and tenures (including assisted housing)
that will meet the future needs of all households and are affordable
to households of all income levels, in accordance with the
objectives and policies of the Provincial Policy Statement.
Council will work with both private and public
sector developers, builders and agencies so that sufficient
market-oriented and assisted housing is produced to meet the
existing and anticipated future needs of family, senior and
non-family households.
The forms of shelter and housing types that the
Town recognizes as being affordable, in accordance with the
provincial definition of affordable housing, include:
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a) |
Low Density Single-Unit Detached and
Attached Dwellings
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on conventional lots with 18 metres (60
feet) of frontage, and a total floor area not exceeding 130
square metres (1,400 square feet);
-
on small lots with 15 to 16.7 metres (50 to
55 feet) of frontage and a total floor area not exceeding 130
square metres (1,400 square feet);
-
single-unit attached dwelling units;
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b) |
Medium Density Multi-Unit Dwellings
-
individual dwelling units in a
duplex/triplex dwelling;
-
low-rise, ground-oriented townhouse and/or
apartment buildings (1 to 2 stories in height);
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c) |
High Density Multi-Unit Dwellings
Affordable housing will be permitted in all
areas designated for residential purposes in accordance with the
specific land use policies as set out in this plan.
Council does not consider the provision of
affordable housing to be a requirement for each and every new
residential development. Instead, the Town will, through individual
plan review/approval and the monitoring of residential development
activity, encourage that a wide range of housing options are
available with the Town to satisfy the applicable provincial
guidelines;
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xii) |
In the Town of LaSalle, Council will
encourage both public and private sector landowners, developers and
builders to undertake small-scale, infilling-type, residential
intensification activities that make the most efficient and
cost-effective use of existing municipal infrastructure and
services. Infilling means the residential development of a similar
scale, density and use on vacant lots or undeveloped lands in the
built-up area of the municipality, to create additional dwelling
units.
Council will also encourage owners of existing
commercial buildings located in the Front Road commercial area of
the Town to add second storey apartment units, in order to increase
the supply of affordable rental accommodations for existing and
future residents of the community. When
reviewing individual requests for residential intensification
initiatives, Council will have regard to the following:
-
the height, size, and density of the new
dwelling unit(s), and the compatibility of such unit(s) with the
surrounding neighbourhood;
-
the physical suitability of the site;
-
the proximity of the site to public transit
and commercial retail areas;
-
access to and from the site;
-
availability and proximity of community
services such as community and day care centres, schools, parks,
leisure activities, and health care services;
-
adequacy of municipal infrastructure to
service the new unit(s);
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xiii) |
In those instances in which it is deemed
necessary for the proper and orderly development of land, Council
may require the preparation of a development plan in advance of
granting approval to a new residential subdivision. This development
plan would typically establish:
-
the variety and type of housing mix to be
permitted;
-
the maximum density allowed for each
type of residential use;
-
suitable locations for new recreational and
community facilities;
-
details pertaining to the planned road and
lotting pattern, servicing requirements, natural areas to be
preserved, and bikeways/walkways and trails.
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3.4
- WATERFRONT DEVELOPMENT
The Waterfront Development designations shown
on Schedule "B-1" of this Plan.
3.4.1 Goals
The following goals are established for the
Waterfront Development area:
|
i) |
To encourage the creation of
pedestrian-oriented, mixed-use, and waterfront based neighbourhoods
that can support higher density residential developments and
marine-related commercial land uses in a compact and fully
integrated urban environment;
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ii) |
To improve and enhance public waterfront
access for Town residents and visitors to enjoy and use in carrying
out a variety of economic, passive recreational, social and leisure
activities;
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iii) |
To support and facilitate
private sector initiatives which will result in the redevelopment of
an orderly, integrated, and comprehensive road and lotting pattern
for waterfront properties.
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3.4.2 Policies
The following policies shall apply to those
lands designated "Waterfront Development" on the Land Use Schedules
of this Plan:
|
i) |
The permitted uses shall
include multi-unit dwellings, marinas, mixed-use residential and
commercial buildings, public and private parks, and
waterfront-related commercial uses such as restaurants, places of
entertainment, private recreational facilities, and other similar
commercial uses which cater to the needs of the boating public
and/or can take advantage of a location on or near the Detroit River
shoreline;
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ii) |
The uses permitted in subsection 3.4.2(i)
shall be subject to the following additional policies:
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a) |
Multi-unit residential dwellings (including
the residential component of a mixed-use development) shall not
exceed a maximum density of 75 units per net hectare and a maximum
height of 10 stories;
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b) |
Developments shall be designed in such a
manner as to take advantage of the natural amenities offered by a
waterfront location, and should be situated in such a manner as to
enhance public access and vistas to the waterfront;
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c) |
An integrated vehicular and pedestrian
traffic circulation pattern should be developed between and within
individual development sites to minimize the number of entrances
onto Front Road and to create a compact development form that fully
utilizes and takes advantage of internal public road and walkway
systems which are oriented in a north-south direction west of Front
Road;
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d) |
The Town's water supply and sanitary
sewerage infrastructure must have sufficient capacity to accommodate
the development being proposed.
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iii) |
New development with the designation will
be required to conform to high performance standards relating to
parking, loading, lighting, landscaping, buffering, and walkways as
set out in the implementing Zoning By-law and in individual site
plan control agreements;
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iv) |
All development and redevelopment with the
Waterfront Development designation will be subject to site plan
control pursuant to Section 41 of the Planning Act, R.S.O. 1990.
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3.5 - COMMERCIAL DISTRICT
The Commercial District designation is shown on
Schedules "B-1", "B-2",
and "B-3" of this Plan.
3.5.1 Goals
The following goals are established for the
Commercial District area:
|
i) |
To strengthen and enhance the Town's
existing economic base by supporting, promoting and encouraging the
continued and/or planned development and redevelopment of the Front
Road, Highway No. 3, and Bouffard commercial districts;
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ii) |
To ensure that suitable sites are available
within the designated commercial districts to accommodate a full
range of commercial goods and services to meet the needs of the
surrounding neighbourhoods, the community at large, and the
traveling public;
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iii) |
To recognize that commercial areas are
dynamic in nature, and must be able to evolve, adapt and redevelop
as market conditions, consumer needs and preferences, and retail
trends change over time, and to provide a corresponding policy
environment which will permit these changes to occur in a manner
which is beneficial to Town of LaSalle ratepayers.
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3.5.2 Policies
The following policies shall apply to those
lands designated "General Commercial" on the Land Use Schedules of
this Plan:
|
i) |
The permitted uses shall include all types of
retail, office and service commercial uses, places of entertainment,
assembly halls, eating establishments, recreational commercial uses,
clinics, funeral homes, financial service establishments, automobile
sales and service establishments, gas bars, service stations, hotels, motels, laundry
and dry cleaning establishments, and other similar commercial
businesses that serve the needs of Town residents and the traveling
public;
|
|
ii) |
All new uses locating with this designation
will be required to conform to high performance standards relating
to parking, loading, lighting, landscaping, buffering and control
over outside storage as set out in the implementing Zoning By-law
and site plan control agreements;
|
|
iii) |
Commercial developments and redevelopments
will be subject to site plan control pursuant to Section 41 of the
Planning Act, R.S.O. 1990;
|
3.6 - MALDEN TOWN CENTRE
The Malden Town Centre designation is shown on
Schedule "B-2" of this Plan.
It is the intent of this Plan that a clearly
defined and compact Town Centre be created and maintained with the
Town of LaSalle, as the focal point for civic, retail and
office-related commercial activities, and higher density residential
accommodations.
Over the next ten to twenty year planning
horizon, it is anticipated that the Malden Town Centre will continue
to evolve, mature, and redevelop into a built form that is compact,
cohesive, pedestrian, and transit-friendly and that will integrate
shopping with recreation, leisure and civic functions.
3.6.1 Goals
The following goals are established for the
Malden Town Centre area:
|
i) |
To promote a "Town
Centre" for the community that will enable a full range of civic,
leisure, recreational, and shopping experiences to be delivered in
an environment which is compact, convenient, safe, and accessible
for both pedestrian and vehicular traffic;
|
|
ii) |
To create and maintain a Town Centre that
includes design elements such as civic squares, parkettes, shared
parking facilities, and administrative buildings which will enhance
and strengthen the civic identity of this community, and will create
a friendly and visually attractive "gathering place" for an urban
centre that will have a population in the range of 30,000 to 40,000
persons by the year 2016;
|
|
iii) |
To assist and
support public and private sector initiatives which will lead to the
removal of buildings, activities and land uses which are not
appropriate for a Town Centre;
|
|
iv) |
To construct and maintain alternative east/west collector and arterial roads for the
Town which will reduce
the amount of through traffic having to use Malden Road (and the
Town Centre area) to access the Todd Lane/Cabana Road corridor.
|
3.6.2 Policies The
following policies shall apply to those lands designated "Malden
Town Centre" on Schedule "B-2" of this Plan:
|
i) |
The Town Centre is to be developed and
redeveloped as a compact bulk environment, where shared parking and
access facilities are to be encouraged and incorporated within
individual development plans;
|
|
ii) |
Town Centre uses should be coordinated and
designed to function as integrated sites, with internal access and
parking areas being linked with one another to facilitate a free
flowing movement of pedestrian and vehicular movement of goods and
persons between individual sites;
|
|
iii) |
The permitted commercial uses shall
include all types of retail, office and service commercial uses,
places of entertainment, eating establishments, recreational
commercial uses, clinics, financial service establishments, and
other similar commercial businesses that serve the needs of Town
residents;
|
|
iv) |
Outside storage should generally not be
permitted in the Town Centre, and loading and unloading areas should
be visually screened and located in areas which do not interfere
with the access and movement of shoppers;
|
|
v) |
The permitted civic uses with the Malden
Town Centre shall include municipal and public agency administrative
offices, libraries, civic squares, parkettes, and other similar
public buildings and structures that are required for
civic/administrative purposes;
|
|
vi) |
It is intended that as the Town's
civic/administrative complex expands, the public works and hydro
departments' outside storage yards and operational buildings will be
relocated and consolidated to an appropriate location outside the
Town Centre area;
|
|
vii) |
The permitted residential uses with the
Malden Town Centre shall be restricted to apartment type dwelling
units that are incorporated within a mixed-use
commercial/residential development, where the residential dwelling
units:
-
do not exceed a maximum density of 75 units
per net hectare;
-
are part of a multi-storey building having
a height of not less than three stories, and not exceeding 10
stories above ground level;
-
do not adversely affect the planned
commercial and civic function of the Town Centre, and will
preserve to the greatest extent possible a strong and vibrant
retail and office commercial presence at street level;
-
are designed in such a manner as to create
and maintain safe and convenient pedestrian linkages and shared
parking areas, between and with existing and future commercial
and civic land uses and buildings;
-
incorporate architectural and design
elements which are in keeping with a Town Centre environment,
and contribute to a built form which is compact and primarily
commercial in nature.
|
|
viii) |
All development with the Malden Town
Centre designation will be required to conform to high performance
standards relating to parking, loading, lighting, landscaping, and
buffering as set out in the implementing Zoning By-law and site plan
control agreements;
|
|
ix) |
Town Centre developments and redevelopments
will be subject to site plan control pursuant to Section 41 of the
Planning Act, R.S.O. 1990; |
3.7 - BUSINESS PARK
The Business Park designation is shown on
Schedule "B-1" of this Plan.
3.7.1 Goals
The following goals are established for the
Business Park area:
|
i) |
To encourage the development of integrated,
multi-use business park areas that provide the opportunity for
individuals and corporations to undertake a broad range of
commercial and light manufacturing activities;
|
|
ii) |
To promote a high standard of design which
will create an aesthetically pleasing and functional environment for
both employees and visitors;
|
|
iii) |
To establish an orderly and coordinated
vehicular and pedestrian circulation system;
|
|
iv) |
To encourage a development pattern that
reflects modern subdivision and engineering practices and does not
place an undue financial burden on the municipality to provide the
necessary municipal infrastructure and services.
|
3.7.2 Policies
The following policies shall apply to those
lands designated "Business Park" on the Land Use Schedules of this
Plan:
|
i) |
Lands designated "Business Park" shall be
used for a range of light industrial uses including manufacturing,
assembling, processing, fabricating, repairing, warehousing and
wholesaling. Recycling centres and packing and bailing sites may
also be permitted within the Business Park designation provided the
use is carried out entirely with enclosed buildings constructed in
accordance with a Ministry of Environment and Energy Certificate of
Approval.
All permitted light industrial uses, recycling
centres, and packing and bailing sites shall meet the requirements
and, where necessary, obtain the approval of the Ministry of
Environment and Energy with respect to any and all emissions to the
environment (including waste water, odours, noise, dust, vibrations,
etc.);
|
|
ii) |
Other permitted uses include public and
private sports facilities, exhibition halls, transportation depots,
offices, financial institutions, wholesale establishments, retail
warehousing and discount merchandising outlets, and other retail
activities that are space-extensive, normally locate outside of
conventional shopping districts and require easy access to the
arterial road network;
|
|
iii) |
Automobile sales and service
establishments and service commercial uses such as restaurants, gas
bars and retail convenience stores are also permitted;
|
|
iv) |
With the exception of a permitted recycling
centre and a packing and bailing site, all other waste processing,
disposal and storage uses, including transfer stations and liquid
and hazardous waste processing and disposal facilities shall be
prohibited in the "Business Park" designation;
|
|
v) |
All development with the Business Park
designation will be required to conform to high performance
standards relating to parking, loading, lighting, landscaping, and
buffering as set out in the implementing Zoning By-law and site plan
control agreements;
|
|
vi) |
Appropriate setback distances, noise
attenuation measures, and other mitigation techniques will be utilized
by the Town to ensure maximum compatibility between permitted light
industrial uses and facilities and adjacent or nearby sensitive land
uses;
|
|
vii) |
Business Park developments and
redevelopments will be subject to site plan control pursuant to
Section 41 of the Planning Act, R.S.O. 1990.
|
3.8 - MARINE-RELATED INDUSTRIAL
The Marine-Related Industrial designation is
shown on Schedule "B" of this Plan.
3.8.1 Goals
The following goal is established for the
Marine- Related Industrial area:
|
i) |
To permit
the expansion and improvement of an existing commercial marine
facility in recognition of its special needs for a waterfront
location. |
3.8.2 Policies
The following policies shall apply to those
lands designated "Marine-Related Industrial" on the Land Use
Schedules of this Plan, more particularly described as Part of Lots
12,13 and 14, Concession 1, west of Front Road:
|
i) |
Commercial marina, industrial marina, metal fabrication, ship
building and repair, marine construction and related uses ancillary
to the main use shall be the only permitted uses for the subject
property;
|
|
ii) |
All development on this site shall be
subject to the site specific development standards established for
this property in the Town's implementing Zoning By-law;
|
|
iii) |
All development within the Marine-Related Industrial
designation will be required to conform to high performance
standards relating to parking, loading, lighting, landscaping, and
buffering as set out in the implementing Zoning By-law and site plan
control agreements;
|
|
iv) |
Marine-Related Industrial developments and
redevelopments will be subject to site plan control pursuant to
Section 41 of the Planning Act, R.S.O. 1990;
|
3.9 - COMMUNITY FACILITY
The Community Facility designation is shown on
Schedules "B",
"B-1", "B-2", "B-3", "B-4", "B-5"
of this Plan.
3.9.1 Goals
The following goals are established for the
Community Facility area:
|
i) |
To facilitate and
support public and private sector projects and programs that will
expand the range of facilities and community services that are
available for use by Town residents;
|
|
ii) |
To encourage and support school board and
parent initiatives that will ensure that adequate educational
facilities are available to meet the needs of existing and future Town ratepayers;
|
|
iii) |
To ensure that community facility uses are
situated in areas of the Town which are suitable for their intended
use, and minimize land use conflicts with other uses.
|
3.9.2 Policies
The following policies shall apply to those
lands designated "Community Facility" on the Land Use Schedules of
this Plan:
|
i) |
The permitted uses shall include schools,
places of worship, community centres, cemeteries, private clubs,
places of assembly, libraries, and other buildings and facilities
used by the Town, and other levels of government;
|
|
ii) |
Wherever possible, schools should be
considered and used as multi-purpose facilities, and should be
available for use by the surrounding neighbourhood for leisure,
recreational, educational, and other community sponsored events and
activities;
|
|
iii) |
Joint use agreements should be used by the Town, where deemed appropriate, to maximize the benefits associated
with shared facilities and services owned by other public agencies,
boards, non-profit organizations or clubs, and operated and
maintained for the enjoyment and well being of the community at
large;
|
|
iv) |
Wherever possible, new school sites should
be located adjacent to park sites to enable a sharing or joint-use
of facilities and programs;
|
|
v) |
Adequate precautions shall be taken to
ensure that the community facility uses do not have adverse impacts
on adjacent land uses;
|
|
vi) |
New community facility development will be
subject to site plan control pursuant to Section 41 of the Planning
Act, R.S.O. 1990.
|
3.10 - RECREATIONAL
The Recreational designation is shown on
Schedules "B",
"B-1", "B-2", "B-3", "B-4",
and "B-5" of this Plan.
3.10.1 Goals
The following goals are established for the
Recreational area:
|
i) |
To ensure that the Town maintains an
adequate supply of parks, open space and recreational facilities to
meet the needs of its residents;
|
|
ii) |
To ensure that recreational uses are
located in suitable locations so as to maximize their accessibility
to area residents and minimize their conflicts with other uses;
|
|
iii) |
To acquire and maintain a minimum of 4
hectares of parkland and open space per 1,000 population, as
follows:
|
|
Type of Parkland |
No. of
Hectares per 1,000 Population |
Service
Radius |
Recommended Size of Each Park Site |
|
Neighbourhood Park |
0.8 ha |
0.8 km. |
2 to 3.5
ha. |
|
Community- Wide Park |
1.2 ha |
2.4 km. |
3.5 to
10 ha |
|
Passive Open Space |
2.0 ha |
variable |
variable |
|
Total |
4.0 ha |
|
|
|
|
iv)
|
To design, create and maintain a continuous
hear open space system, as part of a comprehensive "greenway
system", connecting various waterfront parks, residential
neighbourhoods and remaining natural heritage sites with each other;
|
|
v) |
To obtain the support of and cooperation of local school boards,
ratepayer groups, and local school councils to maximize the use of
school and Town properties for recreational and educational
purposes;
|
|
vi) |
To attain the participation and
assistance of local service clubs, interested groups and agencies to
acquire, develop and maintain the park and open space areas in
keeping with evolving community needs. |
3.10.2 Policies The following policies shall apply to
those lands designated "Recreational" on the Land Use Schedules
of this Plan:
|
i) |
The permitted uses shall include
indoor and outdoor, public and private recreational uses such as
parks, playgrounds, golf courses, arenas and clubs. Wherever
possible, recreational uses serving the community at large should be
part of a multi-use, larger, more visible and adaptable facility
and/or site;
|
|
ii) |
It shall be the policy of Council to
acquire additional parkland, as funds are available, in order to
generally maintain a standard of 4 hectares of parkland per 1,000
population. Of this 4 hectare standard, Council will attempt to
allot 20 percent for neighbourhood parks, 30 percent for community
parks and 50 percent tor passive open space;
|
|
iii) |
Wherever possible, new neighbourhood parks
should be sited adjacent to elementary school sites or other
complementary land uses to encourage a sharing or joint-use of
facilities and programs;
|
|
iv) |
The following locational criteria should be
applied when siting new neighbourhood park facilities in the Town:
|
|
|
a) |
They should be centrally located and with
easy walking distance of the persons who will use the park on a
regular basis;
|
|
|
b) |
Park sites should be visible and accessible
to the neighbourhood, and should have at least 25 percent of the
perimeter of the site fronting onto neighbourhood streets; and
|
|
|
c) |
Where possible, neighbourhood park sites
should be connected with and be designed as part of an overall
"greenway system" via existing and new trails, natural corridors,
and walkway/bikeway features.
|
|
v) |
Council supports and will take a leadership
role in the coordination, design, and implementation of a
comprehensive "greenway system" for the Town of LaSalle. The
Town's conceptual "greenway system" is depicted on Schedule "F" to
this Plan, and consists of the following four (4) main components:
|
|
|
a) |
Natural corridors - include features such as
inland watercourses and shorelines of major rivers (ie. Turkey
Creek, Marentette Drain, and the Detroit River shoreline);
|
|
|
b) |
Core natural heritage sites - include areas
which support a naturally sustaining community of plants and animals
and their associated buffers;
|
|
|
c) |
Community/neighbourhood park and other
public open space areas - waterfront, neighbourhood and community
park and playground sites;
|
|
|
d) |
Linkages - are pathways, trails and other
natural or man-made features which can be used to connect the
individual natural heritage sites.
|
|
This "greenway system" is a cornerstone of this
Plan, and represents a major new land use planning and resource
management approach for the Town of LaSalle, to be implemented over
a 10 to 20 year planning horizon.
Once implemented, the "greenway system" will
create numerous recreational and leisure opportunities for existing
and future ratepayers of a rapidly urbanizing municipality. For
instance, natural corridors, trails, bikeways joining core natural
heritage sites, parks and schools will enable residents of LaSalle
to travel between neighbourhoods without having to rely exclusively
on cars and roads. Children and adults of all ages will be able to
travel to work and school by bicycle or by foot along one of the
many pathways that will be created and maintained during the life of
this Plan.
Linking natural areas to each other also
increase their value as habitat for wildlife. The Town's "greenway
system" will be integrated with the planned regional "greenway", and
will support a broad range of plant and animal life due to the fact
that animal and plant life will be able to move freely from one
natural area to another to find food and shelter and to breed.
The essence of the Town of LaSalle "greenway
system" approach is linkages - connecting wildlife habitat areas to
each other, human settlements to other human settlements, urban to
rural areas, waterfront to non-waterfront lands, and people to
nature. All new developments town-wide will be
required to incorporate the "greenway system" elements with their
respective development plans to the greatest degree possible. Council will establish partnerships with private and public sector
corporations, agencies and volunteer groups and service clubs to
obtain the necessary financial resources required for the community
to fully implement and maintain the Town's "greenway system".
|
|
vi) |
New recreational development may be subject
to site plan control pursuant to Section 41 of the Planning Act, R.S.O. 1990;
|
|
vii) |
As an alternative to requiring landowners
and/or developers to convey parkland to the Town in accordance with
Section 42(1) of the Planning Act, R.S.O. 1990, in the case of land
proposed for development or redevelopment for residential purposes,
a By-law passed pursuant to Section 42(3) of the Planning Act, R.S.O.
1990 may require that land be conveyed to the Town for park or other
public recreational purposes at a rate of one hectare for each 300
dwelling units proposed or at such a lesser rate as may be specified
in the bylaw itself. Council may require a "cash in lieu" of
parkland conveyance, the monetary value of which shall be determined
by the Town in accordance with the provisions as set out in Section
42 of the Planning Act, R.S.O. 1990.
|
3.11 - WETLAND
All land-based and submergent wetlands situated
along or within the Detroit River, Turkey Creek, or the Canard
River, which have been identified by the Ministry of Natural
Resources as being provincially significant, are depicted on
Schedule "D" to this Plan.
The Detroit River marsh wetland complex is by
far the largest of the existing wetland areas in the Town of
LaSalle. This wetland complex was first evaluated and identified as
being provincially significant by the Ministry of Natural Resources
in 1985. Since that time, several reevaluations have been undertaken
by the province to further refine the boundaries of all existing
wetland areas in the Town. In February of 1994, the Town received
new mapping from the Ministry of Natural Resources delineating the
extent of all provincially significant wetland areas. This mapping
was based on extensive field work undertaken during 1993 by
biologists from both the Ministry of Natural Resources and the Essex
Region Conservation Authority Wetland areas may
comprise different kinds of ecosystems such as marshes, swamps, bogs
and fens. However, notwithstanding the unique features which may be
present in individual wetland areas, all wetlands have certain
common characteristics. They are covered by shallow water on a
seasonal or permanent basis, have soils in which there is an
abundance of moisture, and contain mostly water tolerant and hydrophytic plant species. Lands which are being used for
agricultural purposes, that are periodically "soaked" or "wet", are
not considered by the province or Council to be wetlands.
Historically, wetlands in Ontario have been
drained and filled for a variety of reasons despite the social,
economic and environmental benefits that such areas provide to a
community.
Wetlands maintain and improve water quality,
protect shorelines from erosion, assist in flood control, contribute
to an ecologically diverse landscape that is able to accommodate
significant fish and wildlife habitat, and provide important outdoor
recreation, educational and leisure opportunities such as fishing,
bird watching, and outdoor classrooms for environmental studies. The
following goals and policies are intended to implement the
provincial wetland policies and to articulate Council's land use
policy approach regarding the preservation and enhancement of this
important natural resource.
3.11.1 Goals
|
i) |
To identify and protect all provincially
significant wetlands;
|
|
ii) |
To encourage both
private and public sector landowners, developers, provincial and
local ministries and agencies affected to maintain and, wherever
possible, enhance the functioning and diversity of existing wetland
areas;
|
|
iii) |
To prohibit development within
provincially significant wetlands.
|
3.11.2 Policies
The following policies shall
apply to those lands designated "Wetland" on Schedules "B" and "B-1"
of this Plan:
|
i) |
Development shall be prohibited
with any "Wetland" designation. For the purpose of this paragraph,
development means: the construction, erection, or placing of a
building or structure, save and except buildings and structures used
in conjunction with a permitted conservation, fish and wildlife
management or public passive open space purpose (such as boardwalks,
observation decks, viewing platforms or other similar structures);
activities such as site grading, excavation, removal of topsoil or
peat and the placing or dumping of fill; drainage works, save and
except for the maintenance of existing municipal and agricultural
drains;
|
|
ii) |
Permitted land uses with a "Wetland"
designation shall be limited to conservation uses, fish and wildlife
management areas, passive open space uses, and existing agricultural
uses.
|
|
iii) |
On adjacent lands, with 120 metres of a
provincially significant wetland as depicted on Schedule "D", new
development or redevelopment may be permitted in accordance with the
applicable official plan designations and land use policies of this
Plan, provided an Environmental Impact Study (EIS) is prepared by
the proponent utilizing the procedures and content requirements that
may be prescribed from time to time by the Ministry of Natural
Resources to confirm that the proposed new development or
redevelopment will not result in any of the following:
-
loss of wetland functions;
-
subsequent demand for future development which
will negatively impact existing wetland functions;
-
loss of contiguous wetland areas; and
-
conflicts with any existing site-specific
wetland management practices;
|
|
iv) |
Subsection 3.1 1.2 iii) shall not apply to
existing zoned properties which do not require any further Planning
Act approvals or to existing agricultural activities. In addition,
subsection 3.1 1.2 iii) shall not apply in those instances where
further Planning Act approvals are required (ie. a minor variance or
site plan control approval) and the Ministry of Natural Resources
has informed the Town in writing that a formal Environmental Impact
Study is not required;
|
|
v) |
Schedule "C" to this
Plan depicts the limits of the Floodplain Development Control Area (FDCA)
and the Detroit River Floodprone Area. Subsections 3.13 and 3.14 of
this Plan apply to lands located with each of these areas.
Permits will have to be obtained from the Essex
Region Conservation Authority in advance of any fill being placed or
removed and/or the construction of any building or structure with
the FDCA or the Detroit River Floodprone Area.
As part of the review process associated with
this permit, the Essex Region Conservation Authority will be
assessing the impact of the works proposed on existing wetland
areas;
|
|
vi) |
Land-based provincially significant wetland
areas will be zoned in a "Wetland" zone in the Town's comprehensive
Zoning By-law.
|
3.12 - NATURAL ENVIRONMENT
Public attitude towards environmental issues,
conservation and sustainable development has evolved during the last
two decades, and now favours a more balanced and ecologically-based
approach to land use planning, growth management and land
development.
Council has now recognized that natural
heritage features such as woodlots, wetlands, and prairie
communities play an important ecological role in keeping people
physically, mentally and spiritually healthy due to the following:
-
natural areas provide readily accessible
opportunities for popular recreational activities such as
walking, cycling and bird-watching;
-
vegetation moderates local climatic
conditions and helps to maintain and enhance the quality of our
air, water and soil;
-
within an urban setting natural areas
provide a refuse from the stresses of daily living;
-
natural areas enhance the value of nearby
residential dwellings;
-
residents take pride in living in a
community with a healthy environment and many businesses prefer
to be located in urban settings where natural features are
preserved and available for passive recreational and leisure
purposes;
-
preserving a wide variety of plants and
animals that are provincially and regionally rare or endangered
contributes to the maintenance of a healthier gene pool of
significant Carolinian species.
Natural heritage features should not be viewed
as "remnant areas" in the landscape, but instead should be
considered as integral parts of a healthy and vibrant community.
A new land use planning policy approach is
required to educate individual landowners and developers affected,
and to ensure that the interests, views and opinions of the
community as a whole are used to preserve, maintain, and enhance
ecologically important natural areas town-wide.
Native Canadians have for many generations
recognized the importance of natural features and resources to their
continued well being and prosperity. Proper land stewardship has
been a cornerstone of many native cultures. They recognize that ....
"we did not inherit this land from our
parents, we are borrowing it from our children and grandchildren."
The Natural Environment designation is shown on
Schedules "B-1", "B-2" and "B-4" of this Plan.
3.12.1 Goals
The following goals are established for the
Natural Environment area:
|
i) |
To facilitate and support the preservation,
protection and enhancement of remaining natural heritage areas,
including provincially significant wetlands, provincially and
regionally significant Carolinian forests and prairie communities,
and locally significant natural areas;
|
|
ii) |
To encourage and support landowners who
wish to maintain or improve the natural character of their land and
surrounding properties;
|
|
iii) |
To direct intensive urban development away
from the natural heritage areas to the greatest degree possible;
|
|
iv) |
To create and protect important linkages
and corridors, as part of a linked open space "greenway system" and
a comprehensive natural heritage policy framework. |
3.12.2 Policies All provincially significant
wetlands are designated "wetland" and are subject to the policies of
subsection 3.1 1 of this Plan.
Locally significant candidate natural heritage
sites are subject to the policies of subsection 3.3.2(vi) of this
Plan.
Subsection 3.10.2(v) of this Plan articulates a
new "greenway" policy framework for the Town of LaSalle. For
lands which have been identified as being a provincial ANSI (Area of
Natural or Scientific Interest) and/or a regionally significant
natural area (ESA) and are designated "Natural Environment" on the
Land Use Schedules of this Plan, the following additional policies
shall apply:
|
i) |
The permitted uses shall be
limited to passive recreation, wildlife management, and conservation
uses;
|
|
ii) |
Utility corridors and inland watercourses
should be utilized as physical linkages between remaining natural
heritage sites, and should be enhanced and maintained as wildlife
habitat areas, recreational trails, bikeways and walkways;
|
|
iii) |
These areas should remain in their natural
state, and should be managed for wildlife habitat enhancement and
conservation purposes;
|
|
iv) |
Buildings and structures associated with
passive parks, recreation and leisure are permitted in addition to
those directly related to the management of the natural environment
for conservation or ecological purposes;
|
|
v) |
Public purchase, private stewardship,
conservation easements, and management agreements shall be the major
form of preservation and management of the natural environment sites
identified in this Plan;
|
|
vi) |
Council is committed to the establishment
of on-going partnerships with ERCA, local school boards, service
clubs, business organizations and volunteer groups from the
community, and any other interested agency or association, to
secure, maintain and implement the natural environment, greenway,
conservation and passive recreational policy objectives of this
Plan. It is recognized and acknowledged that the full implementation
of these policy objectives will require a long-term and sustained
commitment on the part of many individuals, groups and agencies. A
phased implementation strategy, including the deployment of
sufficient human and financial resources, will be needed to
successfully implement these policy objectives during the life of
this Plan - 1997 to 2016.
|
3.13 - FLOODPLAIN DEVELOPMENT CONTROL AREA
The lands identified as Floodplain Development
Control Area on Schedule "C" of this Plan are subject to flooding
under regulatory flooding conditions (1:100 Year or maximum
observed) and are subject to Ontario Regulation 535/91, as amended,
the Fill and Construction Regulations of the Essex Region
Conservation Authority.
Under the two-zone approach to floodplain
management, Council shall, to the satisfaction of the Essex Region
Conservation Authority, identify the floodway (that area subject to
deeper, faster flows, which acts as the channel in times of
flooding) as an area where development other than buildings or
structures required for flood or erosion control is prohibited. It
has been determined that a setback of generally 8 metres plus the
depth of the watercourse or municipal drain, to a maximum of 15
metres from the top of bank shall constitute the Floodway area for
all Inland watercourses, save and except for the improved channel of
Turkey Creek and the Cahill Drain (downstream from Brunet Park). Along the improved channel of these two watercourses the Floodway
area has been determined to be the limits of the easement established
during the channelization project by the Essex Region Conservation
Authority.
Development on those lands within the
Floodplain Development Control Area but outside the Floodway shall
only be permitted if:
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i) |
Floodproofing is provided to the regulatory
flood elevation to the satisfaction of the Essex Region Conservation
Authority. This area is subject to the Fill and Construction
Regulations of the Essex Region Conservation Authority and, as such,
a permit allowing construction and/or the placement of fill is
required from the Authority;
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ii) |
All development must be in accordance with
the underlying land use designations.
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The implementing Zoning By-law will prescribe
certain setback and minimum elevation requirements for development
with the floodprone area. The required setbacks and minimum
elevations will be determined in consultation with the Essex Region
Conservation Authority.
3.14 - DETROIT RIVER FLOODPRONE AREA
Development of lands located within the limit
of the Detroit River Floodprone Area shown on Schedule "C" of this
Plan shall be subject to the following policies:
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i) |
The land uses permitted within the Detroit
fiver Floodprone Area are determined by the underlying designations
identified on Schedules "B" and "B-1" of this Plan;
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ii) |
The implementing Zoning By-law will
prescribe certain setback and minimum elevation requirements for
development within the floodprone area. Generally, the setback
and minimum elevation will vary depending on whether approved shore
protection works are installed. The required setbacks and minimum
elevations will be determined in consultation with the Essex Region
Conservation Authority. If and when fill and construction
regulations of the local conservation authority are approved for the
Detroit River shoreline area of the Town, Council, in consultation
with the Essex Region Conservation Authority, may amend the
implementing Zoning By-law accordingly, without the need to further
amend this Plan. |
SECTION 4 - SECONDARY PLANS
4.1 - INTRODUCTION
4.1.1 Purpose
The policies in this section of the LaSalle
Official Plan apply to development and redevelopment on all lands
situated within the "Bouffard" and "Howard" Planning Districts.
Secondary Plans provide a more detailed
planning framework for specific geographic areas (planning
districts) within the Town of LaSalle, and establish more specific
land use, transportation, urban design, servicing, and
implementation policies for the land areas affected. These secondary
plans are intended to guide and direct Council, staff, landowners,
developers, residents, other levels of government, and other
interested stakeholders regarding the manner in which lands within
these two planning districts are developed and redeveloped over a
twenty (20) year planning horizon.
The LaSalle Official Plan may, from time to
time, be amended as required to add one or more additional secondary
plans for part or all of the "Talbot", "Front Road", and "Malden
Town Centre" Planning Districts. 4.1.2 Relationship to Official Plan
The land use designations and policies of
Section 4 shall be known as the Bouffard and Howard Secondary Plan. These secondary plan policies and designations generally conform to,
and are designed to implement the policies of the Official Plan.
However, where there is a conflict between the
policies of the Official Plan and the polices of the Secondary Plan,
the Secondary Plan policies will prevail and will supersede those of
the Official Plan for the land area which is the subject of the
Secondary Plan. In all other instances, the policies and
designations of the Official Plan are relevant and shall apply in
addition to the policies of Section 4.
4.2
- BOUFFARD AND HOWARD PLANNING DISTRICTS SECONDARY PLAN
4.2.1 General
4.2.1.1 Introduction
The Bouffard and Howard Planning District
Secondary Plan articulates a community vision and corresponding
policies and plans required to implement that vision.
The vision provides the basis for a community
design strategy, a "greenway system", a land use strategy, a
municipal servicing strategy and an implementation framework to
guide and direct individual development and redevelopment projects
within a coordinated, orderly and comprehensive planning framework.
4.2.1.2 Secondary Plan Areas
The Secondary Plan Areas are depicted on
Schedules "B-4" (Bouffard Planning District Secondary Plan) and
"B-5" (Howard Planning District Secondary Plan) to the Plan.
Both of these Secondary Plan areas are situated
within the approved urban growth boundary of the Town of LaSalle,
and represent planned "greenfield" development opportunities that
have been identified within the Town's Official Plan since the early
1980s.
The Bouffard Planning District Secondary Plan
area affects approximately 830 hectares of land, and the Howard
Planning District Secondary Plan area applies to approximately 220
hectares of property, as depicted on Schedules "B-4" and "B-5"
respectively.
4.2.1.3 Secondary Plan Structure
The Secondary Plan includes: Schedules "B-4"
and "B-5", Land Use and Transportation Plans; Schedules for both the Bouffard and Howard Planning Districts; Schedules "E" and "F",
Bikeway/Trail/Greenway System; and Schedule "G" Neighbourhood and
District Plan. The Secondary Plan policies are
structured as follows:
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i) |
Section 4.2.2 -
Community Vision;
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ii) |
Section4.2.3 - Community Design Strategy;
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iii) |
Section 4.2.4 - Greenway System Strategy, |
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iv) |
Section 4.2.5 - Land Use Strategy;
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v) |
Section 4.2.6 -Municipal Servicing Strategy;
and,
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vi) |
Section 4.2.7 - Implementation.
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4.2.1.4 Planning Period
The planning period for this Secondary Plan is
for a 20 year planning horizon, from 2002 to 2022.
4.2.1.5 Population and Employment
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i) |
Population
The population target for this Secondary Plan
is approximately 21,7000 persons (17,400 within the Bouffard
Planning District, and 4,300 within the Howard Planning District),
at full build out.
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ii) |
Employment
The employment target for the Secondary Plan
Area is approximately 4,000 jobs (2,200 within the Bouffard Planning
District, and 1,800 within the Howard Planning District), at full
build out. |
4.2.2 Community Vision
Through a series of community/stakeholder meetings, workshops and "charettes",
a clear community vision has emerged for the Bouffard and Howard
Planning Districts.
The following community design principles
collectively articulate the shared community vision for these
Secondary Plan areas:
|
a) |
Livable, mixed use neighbourhoods, designed
for people, are the building blocks of a healthy, vibrant and caring
LaSalle community;
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b) |
Neighbourhoods, Town
Centre and employment districts with a highly interconnected road
network and a balanced transportation system that is designed and
built for pedestrians, cyclists, transit, and automobiles;
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c) |
Shorter block lengths, a finer grain of
block sizes, and 5 minute walking distances to neighbourhood
activity centres;
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d) |
Neighbourhoods which are diverse in use and
population, with a broad range of housing choices for residents with
different needs and different incomes;
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e) |
Parks, schools, places of worship, compact
pedestrian-scaled shopping districts (mixed-use town centres) and
employment opportunities situated closer to where people live,
easily accessible by foot, bicycle, transit and automobile;
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f) |
Public places that foster a sense of
community pride and well-being within each neighbourhood (with each
neighbourhood activity centre-parkettes, day care centres, future
transit stops, corner stores/cafes, places of worship-being the
focal point and creating a sense of place for each neighbourhood);
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g) |
Ecologically significant lands are
protected, enhanced, incorporated within a planned "greenway
system", and given prominence (ie. single loaded roads) for the
benefit of all residents in the surrounding neighbourhood;
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h) |
Urban places framed by architecture and
landscape of a high standard of design that celebrates local
history, climate, ecology and building practice, in keeping with new
urban design guidelines and standards for both the public realm and
for private lands.
|
Many of these principles share common threads
with and draw from "neo-traditional planning", "new urbanism",
"healthy communities" and "traditional neighbourhood design"
philosophies.
These community design principles have been
applied to the Bouffard and Howard Planning Districts and have
contributed to the preparation and adoption of development plans for
each planning district, which when fully built-out will include a
series of linked, highly interconnected, pedestrian scaled
neighbourhoods, closely connected to employment, shopping,
recreation and other important community facilities.
When fully developed these two planning districts will be capable of
accommodating a population in excess of 21,000, with approximately
4,000 employment opportunities, 4 new school sites, and 220 plus
hectares of parks, open space, natural heritage areas, ponds,
trails, etc.
The residents of these neighbourhoods will also
have a strong connection with the natural environment. The
"cornerstone" upon which the Secondary Plan areas will be built is a
"greenway" or linked open space system. This system will connect
residents with the natural environment and with each other and will
link the various components of the community, while preserving and
enhancing ecologically significant lands and providing places to
recreate and interact.
4.2.3 Community Design Strategy
4.2.3.1 Purpose
The community vision reflects and articulates a
unique character for the Secondary Plan areas. A key part of that
character is determined by the design of the community. The
Community Design Strategy establishes the goals, objectives and
general design policies which serve as a basis for the
implementation of the community vision.
4.2.3.2 Goals and Objectives
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i) |
Goal 1: Create a Strong Community Framework
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Objectives
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a) |
To provide strong access and visibility
opportunities from the surrounding road network.
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b) |
To align streets, open space and view
corridors to maintain, create and enhance connections to parks,
woodlots and other features.
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c) |
To establish a hierarchy of community
elements from those that serve the Town as a whole, to uses,
facilities and activity centres that serve individual
neighbourhoods.
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d) |
To establish a hierarchy of street design
treatment.
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e) |
To provide a finer grain of block
sizes and land parcels to accommodate a range of building types.
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ii) |
Goal 2: Create Mixed-Use, Walkable, Livable
Neighbourhoods Objectives
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a) |
To establish a highly interconnected street
grid that shifts to provide visibility and access to key locations.
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b) |
To create pedestrian-oriented, walkable,
mixed use neighbourhoods, designed for people, based on 5 minute
(400 metre) walking distance to neighbourhood centres, in accordance
with Schedule "G", Neighbourhood and District Plan.
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c) |
To limit block lengths to not more than 200
to 250 metres to create shorter walking distances, a highly
interconnected road network, and slower traffic movement.
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d) |
To provide a high proportion of single
loaded streets adjacent to components of the "greenway system", such
as parks and woodlots, which respond to the organic form of these
elements and emphasize their public role.
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e) |
To focus and establish neighbourhoods around
neighbourhood centres - with one or more parkettes, village squares,
day care centres, places of worship, future transit stops and/or
other similar activities and uses being the focal point for each new
neighbourhood centre.
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f) |
To encourage the distribution and siting of
public/community-based elements within each neighbourhood to allow
for a five (5) minute walking distance between home and
neighbourhood destinations.
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iii) |
Goal 3: Create a Community Greenway
System, and an enhanced interface with natural features
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Objectives
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a) |
To create a
linked "greenway" or open space system that provides a well
connected, highly visible and safe system of recreation and open
space corridors throughout the Secondary Plan area as an extension
of the existing natural features. These natural features include
stream corridors, woodlots and hedgerows.
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b) |
To incorporate into the "greenway system" a
system of developed open space that is complementary to the existing
natural open space system through the inclusion of stormwater
management facilities, parkland, recreational trails and highly
landscaped streetscapes.
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c) |
To facilitate access and visibility to the
"greenway system" and to preserve view corridors through the careful
design of roads, pedestrian connections, and linkages.
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iv) |
Goal 4:Create a Diverse Community Framework
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Objectives
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a) |
To encourage a mix of lot sizes, building
types and architectural styles that contribute to a diverse,
attractive and coordinated streetscape image.
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b) |
To permit deliberate variations in the design of blocks and streets
around natural elements to enhance views and achieve place-specific
character within neighbourhoods.
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c) |
To create a consistent and identifiable
community image through specific features such as landscape
treatments, street trees, street furnishings, paving materials,
lighting and signs.
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4.2.3.3 Policies
All development within these Secondary Plan
Areas shall be designed in a manner which reflects and implements:
the Urban Design Objectives in Section 4.2.3.2; the Community Vision
as articulated in Section 4.2.2; the Town's Urban Design Guidelines;
and the following policies:
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i) |
Street System
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a) |
The design of the street system, as well as
the configuration of lots and the siting of buildings adjacent to
streets, is an essential part of a community's character. The Town
and all stakeholders involved in plan review and approval processes
shall have regard for streetscape design, as well as transportation
planning considerations, in reviewing proposals for new roads and
modifications to the existing street system.
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b) |
New development shall be based on a modified
grid system of streets which facilitates connectivity within the
community and with adjacent areas. All development plans submitted
for approval shall incorporate the arterial, Neighbourhood Parkway
and Neighbourhood Connector road system designated on Schedules
"B-4" and "B-5". They shall also reflect and incorporate the general
design direction established for the local road system as depicted
on Schedules "B-4" and "B-5".
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c) |
New development shall be connected to the
existing community whenever possible through road connections, as
well as bicycle and pedestrian links, to ensure that the Secondary
Plan areas are integrated with the rest of the Town.
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ii) |
Streetscape Design
The layout of streets, configuration of lots
and the siting of buildings and parking areas shall ensure that:
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a) |
Buildings and structures are oriented to the
street, and at intersections are massed toward the intersection;
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b) |
Reverse lotting is prohibited;
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c) |
There are significant areas of unobstructed
road frontage adjacent to the "greenway system" in general
conformity with Schedules "B-4" and "B-5", particularly for schools,
parks and natural heritage features to allow for views into such
sites and for public access and neighbourhood safety and enjoyment;
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d) |
In residential areas, garages are designed
so that they are not the dominant feature in the streetscape and do
not dominate the frontage of the lot, in keeping with the applicable
provisions of the Town's Urban Design Guidelines;
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e) |
Landscaping provides for features such as
the definition of the street, framing of views and focal points,
direction of pedestrian movement and demarcation of areas with
different functions as appropriate;
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f) |
Lighting provides suitable illumination for
vehicles, pedestrians and cyclists;
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g) |
Parking areas for large-scale uses are
designed to reduce their impact on the adjoining streetscape by such
features as screening with low walls and landscaping; minimizing
parking between the building and the street; subdivision into
smaller areas using landscaping and a location on the lot which
reduces impact on the street;
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h) |
Street trees are planted along all public
roadways, in keeping with the applicable provisions of the Town's
Urban Design Guidelines, which over time will result in the creation
of tree-lined canopies along all public thoroughfares.
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iii) |
Views
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a) |
New development shall be designed to
preserve, enhance and/or create views of the "greenway system" and
public or other landmark buildings.
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b) |
Major buildings or structures shall be
encouraged to locate at the termination of a street or view corridor
or at the intersection of major streets.
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4.2.4 Greenway System Strategy
4.2.4.1 Purpose
The "greenway system" is the "cornerstone" of
the Town of LaSalle's Official Plan. The essence of the "greenway
system" approach is linkages - connecting wildlife habitat areas to
each other, human settlements to other human settlements, urban
areas to rural areas, waterfront to non-waterfront lands, and people
to nature. 4.2.4.2 Goal The following goal is established for the
Greenway System:
To create a "greenway system" as a
"cornerstone" of development in these two Secondary Plan areas.
4.2.4.3 Policies
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i) |
The "greenway system" for the Bouffard and
Howard Secondary Plan Areas include those lands on Schedules "B-4",
"B-5" and "F" designated and/or identified as:
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a) |
Recreational;
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b) |
Natural Environment;
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c) |
Natural Corridors/Greenway Linkages;
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d) |
Neighbourhood Centre;
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e) |
Neighbourhood Park;
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f) |
Stormwater Management Pond;
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ii) |
The policies of Section 3.10(v),
Recreational of the Official Plan shall be applicable to the lands
in the "greenway system", in addition to other applicable policies
of this Secondary Plan. In particular, it shall be a priority of the
Town to work with landowners, community partners and
developers/builders in the Secondary Plan areas to:
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a) |
Develop the planned off-road
bikeway/multi-use trail system designated on Schedule "E";
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b) |
Ensure that as lands are permitted to be
developed within these Secondary Plan areas, that all required
Recreational, Natural Environment, Natural Corridor/Greenway
Linkage, Neighbourhood Centre, Neighbourhood Park, and Stormwater
Management Pond sites as designated and/or conceptually identified
on Schedules "B-4" and "B-5" are acquired by the Town or by other
public agencies,
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c) |
Encourage the preservation and enhancement
of existing hedgerows and other natural features to the greatest
extent possible, and,
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d) |
Achieve the goals for open space and
recreational lands set out in Section 3.10.1 of the Official Plan. |
4.2.5 Land Use Strategy
4.2.5.1 Purpose The land
use designations on Schedules "B-4" and "B-5" establish the general
land use pattern for existing and future development in the
Secondary Plan Areas during the planning period. The policies for
these designations are set out in this section.
4.2.5.2 Community Structure
The land use designations and transportation
system (See Section 4.2.6) reflect the key elements of the Community
Structure which comprise:
|
i) |
The Greenway System
A linked open space system including natural
heritage features, institutional areas and recreation facilities
such as trails and parks.
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ii) |
Residential Neighbourhoods
Residential neighbourhoods in accordance with
Schedule "G", which are compact, walkable, mixed use, pedestrian
scaled and transit friendly in nature and which include a broad
range of housing types and related uses such as schools, places of
worship, convenience commercial uses, home based businesses, day
care centres, seniors centres, community centres, and other similar
complementary facilities and land uses.
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iii) |
Town Centre Districts
Two centrally located compact mixed use Town
Centre districts will be available as meeting places, not only for
residents of the Secondary Plan areas themselves, but also for
residents of the Town as a whole. These town centre districts will
provide a range of commercial, civic, and institutional facilities
and employment opportunities. Higher density residential development
will also be permitted in the mixed use centres.
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iv) |
Employment Land Districts
The Secondary Plan Areas will provide
opportunities for a certain number of LaSalle residents to live
closer to where they work. The Employment Land Districts will be
designed to permit a range of employment opportunities including
office, space-extensive and automobile oriented retail and service
commercial uses, light industrial, institutional and other similar
uses.
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v) |
LaSalle Recreational Complex District
The Town is committed to the creation of a
major multi-use leisure and fitness recreational complex to serve
the needs of all residents of the Municipality. This important
facility will provide a focal point for the Town and particularly
for the Secondary Plan areas.
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vi) |
Transportation System
The transportation system is designed to be a
balanced transportation system, which is capable of providing
LaSalle residents with viable alternatives to the almost exclusive
use of the car, particularly for short trips within and between
neighbourhoods and adjacent districts. It includes a major
bikeway/trail system, and is planned to have a built form and a road
network that is "transit-supportive", and convenient and safe for
cyclists and pedestrians.
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4.2.5.3 Land Uses Permitted in all Designations
The following land uses shall be permitted in
all land use designations:
|
i) |
Permitted public use and utility facilities,
in accordance with Section 2 of this Plan;
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ii) |
Stormwater management facilities and
related uses, with the exception of the Natural Environment
designation;
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iii) |
Fish, wildlife and
conservation management uses;
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iv) |
Archaeological activities;
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v) |
Legally existing uses, buildings and
structures;
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vi) |
Replacement of legally existing uses,
buildings and structures and modifications to same subject to the
regulations of the Zoning By-law and the provision of required sewer
and water services;
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vii) |
Non-intensive recreation uses such as
nature viewing and pedestrian trail activities;
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viii) |
Home occupations and bed and breakfast establishments subject
to the requirements of the Zoning By-law; and,
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ix) |
Accessory uses subject to the regulations
of the Zoning By-law. |
4.2.5.4 Natural
Environment
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i) |
Purpose
The Natural Environment designation on Schedule
"B-4" includes regionally and locally significant natural heritage
features identified for protection and enhancement through an
assessment of the natural features in the Secondary Plan Areas.
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ii) |
Goals and Policies
The lands in this designation shall be subject
to the goals and policies of Section 3.12, Natural Environment, of
the Official Plan.. |
4.2.5.5 Residential Area
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i) |
Purpose
The Residential Area designation on Schedules
"B-4" and "B-5" provides for the development of new residential
neighbourhoods with a broad range of residential, institutional,
recreational and ancillary uses.
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ii) |
Goals and Policies
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a) |
The development of lands in the Residential
Area designation shall be subject to the goals and policies of
Section 3.3, Residential, of the Official Plan. However, in addition
to the permitted uses set out in Section 3.3 of the Plan, "Coach
Houses" and "Live/Work" housing may be permitted, subject to review,
and provided such uses are developed in accordance with the Town's
Urban Design Guidelines and the comprehensive Zoning By-law;
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b) |
Within the Residential Area designation, as
designated on Schedules "B-4" and "B-5", a number of
non-residential land use designations that are considered integral
and necessary within and at the edges of individual residential
neighbourhoods are depicted as overlays on Schedule "B-4" and "B-5";
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c) |
The exact size and location of each of these
neighbourhood features will be established, on a neighbourhood by
neighbourhood basis, at the time that individual draft plans of
subdivision are being reviewed and approved for the neighbourhood
affected.
The following policies shall be adhered to when
determining the precise location and size of each of these permitted
nonresidential neighbourhood elements:
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i) |
Community Facility and Neighbourhood Parks
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The Community Facility and Neighbourhood Park
lands depicted on Schedules "B-4" and "B-5" represent an overlay
designation that identifies the general location of lands that are
intended to be set aside for community use/facilities and
neighbourhood parks which are designed to serve one or more
neighbourhoods and surrounding areas;
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Community Facility lands are intended to
provide focal points for each group of neighbourhoods at a central
location for key community uses and facilities which will serve as a
"meeting place" for residents, and at a minimum will include a
neighbourhood park of a size and shape that is capable of
accommodating a broad range of active and passive recreational
activities. Each neighbourhood park will be designed to have a
minimum size in the range of 2 to 3.5 hectares;
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In addition, the Town will encourage the
location in such areas of key community facilities particularly:
- elementary and secondary schools;
- places of worship;
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community centres; and,
- other similar public or nonprofit uses.
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Development in the areas set aside for
Community Facilities shall be carried out in accordance with the
policies of this Plan and in accordance with the Urban Design
Guidelines. In particular, development shall be designed to:
- maximize multiple use of lands and
facilities;
- eliminate barriers between facilities;
- ensure that buildings are oriented to public
streets;
- maximize public service and safety; and,
- design parking, loading and access areas in a
manner which will minimize conflicts with adjacent residential uses
and pedestrian and vehicular traffic;
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Existing community facilities, (Sandwich
Secondary School, Heavenly Rest Cemetery, and the places of worship
and clubs located along Howard Avenue) are designated "Community
Facility" and will continue to be permitted land uses. They shall be
zoned accordingly in the implementing Zoning By-law, and the
policies of Section 2.9 of this Plan will continue to apply to these
existing uses.
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ii) |
Neighbourhood Centre
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The Neighbourhood Centre lands depicted on Schedules "B-4" and "B-5"
represent an overlay designation that identifies the general
location of lands that are intended to be set aside for
neighbourhood scale recreational and community uses and facilities
which serve the surrounding neighbourhood, and are within a 5 minute
walk of most of the surrounding residential dwellings;
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The Neighbourhood Centre lands are intended to
be developed in such a manner as to fully integrate and be
compatible with the surrounding residences, and not alter the
predominant residential character and amenity of the surrounding
neighbourhood. In interpreting what is compatible within these
Neighbourhood Centres, the Town shall have regard to the criteria
which follow subsection c) in Section 3.3.2 v) of the Official Plan;
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The Town will permit and encourage the location
in the Neighbourhood Centre lands a range of public, non-profit
community facilities including:
- neighbourhood parkettes;
- village squares;
- places of worship;
- postal outlets;
- day care facilities;
- corner stores, and small scale convenience
commercial or service uses;
- other similar uses;
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The neighbourhood parkette/village square
component of the permitted neighbourhood centre is intended to be a
small, passive open space area which serves as an "informal meeting
place" for the residents of the surrounding neighbourhood. Such
facilities are primarily for aesthetics and sitting, but may include
play equipment and informal play areas, as well as public service
facilities such as postal kiosks and notice boards. Neighbourhood
parkettes/village squares are typically 0.2 to 0.5 hectares in size;
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The location and configuration of neighbourhood parkette/village
squares shall be further refined when plans of subdivision are
prepared for individual neighbourhoods within the Secondary Plan
Areas. However, these sites will generally include tot lots and
other passive recreation features such as gazebos and seating areas;
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Development on the Neighbourhood Centre lands
shall be carried out in accordance with the policies of this Plan,
and in accordance with the Town's Urban Design Guidelines. In
particular, development within these areas shall be designed in such
a manner as to:
- ensure that buildings are oriented to public
streets;
- maximize public service, convenience and
safety; and,
- ensure that the use, particularly
parking, loading and access areas is developed in a manner which
will minimize conflicts with adjacent residential uses and
pedestrian and vehicular traffic;
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iii) |
Stormwater Management Facility
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The Stormwater Management Facility lands
depicted on Schedules "B-4" and "B-5" represent an overlay
designation that identifies the general location of lands that are
intended to be set aside for stormwater management facilities;
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The Stormwater Management Facility lands
represent general locations for these required and important
neighbourhood elements. The precise location, size and configuration
of each new Stormwater Management Facility shall be further refined
when individual plans of subdivision are prepared for each
neighbourhood in the Secondary Plan Areas;
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Stormwater Management Facilities shall be
integrated as positive and safe community amenities to optimize
their use as a vital component of the Town's publicly accessible
open space/greenway system;
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These facilities should be: limited in number;
well designed with shallow slopes; fully accessible and visible to
the surrounding neighbourhood; and incorporate high quality design
features, including natural vegetation that is indigenous to this
region of Ontario, in accordance with the Town's Urban Design
Guidelines;
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iv) |
School Sites
The School Site designation on Schedules "B-4"
and "B-5" represent an overlay designation that identifies the
general location of lands that are intended to be set aside for new
elementary and/or secondary schools that will serve the needs of the
residents of the Secondary Plan neighbourhoods;
The exact location and configuration of School
Sites shall be further refined when plans of subdivision are
prepared in consultation with the School Boards affected. The size
and configuration of each school shall be consistent with the
policies and requirements of the respective School Board and the
policies of this Plan, particularly subsection 3.9 of the Plan.
If all or part of a school site should not be required by either
School Board, alternative uses may be permitted in order of priority
as follows:
- public parks or other open space uses;
- compatible institutional uses including
private schools, places of worship, community service or cultural
buildings; and,
- residential uses with associated community
facilities.
The Town of LaSalle shall have the first right
of refusal to acquire all or part of surplus school sites, with
government agencies or community groups having the second right of
refusal. |
4.2.5.6 LaSalle Recreational Complex
District
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i) |
Purpose The LaSalle Recreational Complex
District designation on Schedule "B-4" applies to lands which the
Town has acquired, or intends to acquire, for the creation of a
major multi-use leisure, culture and recreational complex to serve
the needs of all residents of the Municipality.
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ii) |
Goal
The following goal is established for
the LaSalle Recreational Complex District:
To create a multi-use leisure, culture and
recreational complex to provide community scale recreational,
cultural, leisure and related facilities to serve the Town as a
whole.
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iii) |
Policies
The following policies shall apply to those
lands designated "LaSalle Recreational Complex District" on Schedule
"B-4"
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a) |
The lands designated "LaSalle Recreational
Complex District" shall be used for:
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i) |
A broad
range of indoor and outdoor recreational facilities such as ice
rinks, community centres, aquatics centre, soccer pitches, and
baseball diamonds;
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ii) |
Active and passive parkland;
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iii) |
Support services for the park and
recreation facilities including offices, greenhouses, and a
municipal tree nursery;
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iv) |
Complementary commercial and nonprofit uses
and facilities such as day care centres, sports and training
clinics, restaurants, and medical facilities;
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v) |
Other municipal or non-profit facilities such as libraries, arts and
cultural centres, and if required fire, police and other civic
departments;
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vi) |
Accessory uses.
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b) |
The Town has already acquired a substantial
portion of the lands in the Recreational Complex District. If
required, the own-will actively seek to acquire additional lands
located to the south of the lands already acquired, to add to the
size of the planned-recreational complex.
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c) |
The Town is currently in the process of
preparing a concept plan for the lands in the Recreational Complex
District designation. This plan will incorporate and reflect the
policies of this Secondary Plan, particularly Section 4.2.3,
Community Design Strategy and the corresponding Urban Design
Guidelines. Once finalized, the Municipality will use the
concept plan as the basis for the development of the lands in the
Recreational Complex District designation.
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d) |
The Town will also develop a related
implementation strategy. As part of the implementation strategy, the
Town will actively seek out and partner with various community and
business groups that can assist with the capital and ongoing
operational costs of this important community-scale facility. |
4.2.5.7 Employment Land District
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i) |
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Purpose
The Employment Land District designation on
Schedules "B-4" and "B-5" applies to two new employment land areas -
the Laurier and the Howard Employment Land Districts.
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ii) |
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Goal
The following goal is established for the
Employment Land District areas:
To provide for the establishment of employment
areas in close proximity to the proposed new residential
neighbourhoods, in order to:
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a) |
Create a broader range of employment
opportunities for LaSalle residents, in close proximity to where
they live, and thereby reduce the necessity for all residents to
commute long distances to/from places of employment; and,
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b) |
Strengthen the economic viability of the
Municipality, by increasing and diversifying the range of businesses
that currently exist in the Town of LaSalle.
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iii) |
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Policies
The development of lands in the Employment Land
District designation shall be subject to the policies of Section
3.7, Business Park, of the Official Plan.
The following additional policies shall apply
to the lands located within the Employment Land District
designation, as depicted on Schedules "B-4" and "B-5":
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a) |
Applications for new development within the
employment lands district will be required to demonstrate compliance
with the Town's Urban Design Guidelines, including but not limited
to the following:
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building placement, massing, landscape and
streetscape elements should be coordinated and incorporate a high
level of urban and architectural design to create a strong and
positive public presence along the Laurier Arterial Road and to
contribute to the planned urban and pedestrian oriented streetscape
for this important "community gateway";
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Within the Employment Land District two forms
of employment building design are anticipated. These include "street
edge" buildings including buildings that front directly onto the
Laurier Arterial Road andlor intersect with Laurier, and are likely
to have commercial uses and be urban in form and relationship to the
street. This is in contrast to "campus form" buildings which may
include one or more buildings which are situated in a landscaped
setting with shared amenities and features.
At the time that development applications are
submitted to the Town for review and approval purposes, detailed
drawings and plans will need to be submitted by the developer for
each of the two planned Employment Lands Districts, to identify
where "street edge" and "campus form" buildings are to be located,
and to demonstrate compliance with the Town's Urban Design
Guidelines. |
4.2.5.8 Laurier and Howard Town
Centre District
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i) |
Purpose
The Laurier and Howard Town Centre District
designations on Schedules "B-4" and "B-5" are intended to permit and
facilitate the development of clearly defined, compact, cohesive,
pedestrian and transit-friendly town centres. These districts will
become focal points for civic, retail and office commercial
activities in a mixed-use and attractive environment with higher
density residential accommodations.
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ii) |
Goal
The following goal is established for the
Laurier and Howard Town Centre districts: To
provide for the establishment of "community core areas" which
provide focal points for a full range of commercial, office,
service, institutional, entertainment and higher density residential
uses and which will become a "meeting place" for LaSalle residents,
where residents of all ages will enjoy spending time shopping, being
entertained, and recreating closer to where they live, while
conducting their daily business activities.
The Laurier and Howard Town Centre Districts
are to be built in a compact, cohesive, and fully integrated manner,
and will be required to include urban design elements and features
that promote and facilitate safe and convenient pedestrian, transit,
and automobile-modes of transportation to/from the Laurier Centre.
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iii) |
Policies
The following policies shall apply to the lands
designated "Laurier Town Centre District" on Schedule "B-4" and
"Howard Town Centre District" on Schedule "B-5" of this Plan:
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a) |
The
lands designated "Laurier Town Centre District" and "Howard Town
Centre District" shall be used for: retail and service commercial
uses; clinics, medical centres, professional and general office
uses; medium and high density residential apartment building uses;
mixed use developments, "live/work" housing units accommodating home
based businesses, studio type businesses, and/or loft-type living;
institutional uses; entertainment uses, restaurants, theatres,
hotels/motels; other similar commercial , civic uses that serve the
needs of these Secondary Plan areas and the Town as a whole;
accessory uses.
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b) |
The Town shall take a
proactive and supportive role in working with the
landowner/developers affected to develop, review and approve more
detailed development plans, site plans and building designs for each
of the two planned new town centres, that comply with the Town's
Urban Design Guidelines;
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c) |
Applications for new development within each
of the two town centre districts will be required to demonstrate
compliance with the Town's Urban Design Guidelines, including but
not limited to the following:
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within each town centre district, the Town will
encourage: a concentration of uses that discourage "strip
commercial" built forms; support a pedestrian scale "town centre"
with activity at grade uses, including local shops, restaurants,
outdoor cafes and other activities and uses that generate "street
level" pedestrian activities;
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buildings in the
Town Centre districts should be flexible in design, include exterior
building materials which exhibit high quality and workmanship, and
be capable of being modified over time to accommodate market changes
and to facilitate conversions between residential and commercial
uses;
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the street, site plan and building fabric
should provide a scale and pattern of development that supports
pedestrian activity between grade level activities;
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a maximum building height of twenty (20) metres
should generally be maintained within the Town Centre to accommodate
the flexibility of building either a 3 to 7 storey commercial or
residential building or a 4 to 6 storey mixed-use building with
retail at grade and five residential floors above;
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parking and loading areas should be well
screened from the public street, preferably located at the rear of
buildings and accessible via public and private walkways, driveways
and/or laneways;
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no open storage is permitted within the
Town
Centre district;
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all individual developments will be required to
be integrated with or have the potential to be integrated with
adjacent development and/or lands with respect to parking,
landscaping and pedestrian and vehicular circulation systems; and,
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where development contains a residential
component, ensure that use is compatible with surrounding
development with respect to noise and light and that the density
does not exceed 75 units per net hectare.
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4.2.5.9 Natural Corridor/Greenway Linkage
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i) |
Purpose
The Natural Corridor/Greenway
Linkage designations depicted on Schedules "B-4" and "B-5" identify
natural or man-made corridors which link individual natural heritage
and open space sites, as part of the Town's planned "greenway
system".
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ii) |
Goal
The following goal is established for the
Natural Corridor/Greenway Linkage designation:
The protection and enhancement of Greenway
areas which are central to the Town's "greenway system" as key
linkages between natural heritage and open space areas.
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iii) |
Policies The following policies shall apply
to those lands designated "Natural Corridor/Greenway Linkage" on
Schedules "B-4" and "B-5":
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a) |
In accordance with the policies of the
Official Plan and this Secondary Plan, the Town will work with
community stakeholders to ensure that the lands in the Natural
Corridor/Greenway Linkage designation are acquired and maintained by
the Municipality or by other partner public agencies and are
developed as linkages in the overall "greenway system";
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b) |
Where the lands in the Natural
Corridor/Greenway Linkage designation form part of a stream
corridor, the Town will ensure that no development occurs on such
lands other than passive recreation uses, including trail/bikeway
facilities;
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c) |
Where the lands in the Natural
Corridor/Greenway Linkage designation form part of a utility
corridor or other nonsensitive area, the Town will work with the
owner(s) to ensure that the lands are maintained in public ownership
and utilized as part of the Town's trail/ bikeway system.
Development will only be considered when the Town is satisfied that
the "greenway system" can be maintained, in accordance with the
applicable policies of this Plan;
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d) |
Individual landowners/developers are
encouraged to preserve existing hedgerows which link individual
natural heritage and open space sites or which have the potential,
if preserved, to significantly enhance proposed new developments;
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e) |
The Town's overall "greenway system'' and
planned bikeway/trail system are depicted on Schedules "E" and "F"
of this Plan. The corresponding policies of this plan, pertaining to
the planned "greenway" system and the planned bikeway/trail system
will continue to apply to lands located within the Bouffard and
Howard Planning Districts. |
4.2.5.10 Highway
Commercial District
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i) |
Purpose
The Highway
Commercial District designation on Schedule "B-5" includes lands
that are intended to serve the traveling public and to accommodate
space-extensive commercial land uses that are automobile oriented in
nature and require outside display and storage areas to meet the
needs of residents of the Secondary Plan Areas and the Town as a
whole.
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ii) |
Goals and Policies
The lands in this
designation shall be subject to the goals and policies of Section
3.5, Commercial District, of the Official Plan. |
4.2.6 Municipal Servicing Strategy
4.2.6.1 Purpose
Section 6, Municipal Services, of the Official
Plan establishes detailed policies with respect to:
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i) |
Water supply and distribution;
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ii) |
Sewage disposal;
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iii) |
Storm drainage; and,
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iv) |
Transportation.
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The policies of this section of the Secondary
Plan are intended to supplement the policies of Section 6 of the
Official Plan to provide detailed direction with respect to the
servicing of the Secondary Plan Areas.
4.2.6.2 General
The policies of Section 6.1, General, of the
Official Plan are applicable to the lands in the Secondary Plan
Areas. 4.2.6.3 Water Supply and Distribution
The policies of Section 6.2, Water Supply and
Distribution, of the Official Plan, shall apply to the Secondary
Plan Areas. In addition, development shall proceed in accordance
with the watermain, sanitary sewer and storm sewer infrastructure
servicing plan for the Bouffard and Howard Planning Districts.
4.2.6.4 Sewage Disposal
The policies of Section 6.3, Sewage Disposal,
of the Official Plan, shall apply to the Secondary Plan Areas. In
addition, development shall proceed in accordance with the watermain,
sanitary sewer and storm sewer infrastructure servicing plan for the
Bouffard and Howard Planning Districts.
4.2.6.5 Storm Drainage
The policies of Section 6.4, Storm Drainage, of
the Official Plan, shall apply to the Secondary Plan Areas. In
addition, development shall proceed in accordance with the watermain,
sanitary sewer and storm sewer infrastructure servicing plan for the
Bouffard and Howard Planning Districts. 4.2.6.6
Transportation
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4.2.6.6.1 |
General
The policies of this section and Section 6.5
b), d), g), h) and i) Transportation, of the Official Plan, shall
apply to the Secondary Plan Areas. In addition development shall
proceed in accordance with the transportation network plan for the
Bouffard and Howard Planning Districts.
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4.2.6.6.2 |
Transportation Network
Schedules "B-4", "B-5" and "E" of this Plan
establish the existing and planned road network for the Secondary
Plan Areas, and identifies the type of road by the function it is
expected to perform. Schedule "E" also establishes the main
bikeway/trail system for the Secondary Plan Areas. Other secondary
bikeways/trails will be required to be built as part of the
development of lands within these Secondary Plan areas, including on
and off-road facilities
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4.2.6.6.3 |
Road System
The Town's road network within the Secondary Plan Areas is based on
a hierarchical system which distinguishes between the relative
importance of providing for the traffic movement and/or property
access for each roadway. In addition, all roads in the Secondary
Plan Areas will be designed to facilitate use by pedestrians and
bicycles, including the provision of sidewalks on all roads, and
bikeways/bike lanes/trails on and/or along certain roads.
The roadway classification is as follows:
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i) |
Arterial roads provide for high volumes of
both passenger and commercial traffic, as well as major transit
service, for interurban travel at moderate speeds. Direct property
access will be controlled to limit the number and spacing of
driveways and new public road intersections, while recognizing urban
design considerations and the importance of a high degree of
pedestrian, vehicular, and cyclist interconnections between and
within all neighbourhoods and districts located in the Secondary
Plan Areas.
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ii) |
Neighbourhood Parkway (Major Collectors)
roads provide for the movement of moderate volumes of traffic
between local roads and the arterial roads and provide for transit
service with the provision of multi-path systems. These facilities
will function at low to moderate speeds with direct access being
provided at individual properties.
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iii) |
Neighbourhood Connector (Minor Collectors)
roads provide for network linkages between neighbourhoods
distributing traffic between the local streets and the Neighbourhood
Parkways and Arterials. They are also intended to accommodate future
transit service between individual neighbourhood centres. Direct
frontage is provided with consideration for traffic calming measures
to limit noise and facilitate safe and convenient pedestrian use.
iv) Local Roads retain residential direct access and provide
linkages from abutting lands uses to the Neighbourhood Connectors
and Neighbourhood Parkways. Traffic speeds and volumes are low.
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4.2.6.6.4 |
Minimum Road Allowance Widths
The Town shall require the following minimum
road allowance widths, by roadway type:
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i) |
Arterial Roads - 33 to 36 metres
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ii) |
Neighbourhood Parkways - 26.5 to 30 metres
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iii) |
Neighbourhood Connectors - 22.5 to 26
metres
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iv) |
Local Road - 17 to 20 metres 4.2.7
Implementation
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4.2.7.1 Purpose
This section establishes policies related to
the implementation of the Secondary Plan. In addition to these
policies, the policies of Section 7, Implementation and
Interpretation, of the Official Plan, apply.
4.2.7.2 Phasing and Finance
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i) |
In order to implement the policies of the
Official Plan that the majority of the cost of new development shall
be paid by the developers, and not withstanding anything to the
contrary in this Plan, no development shall proceed, and no phase
within the Secondary Plan shall be developed unless:
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a) |
The Town has in full force and effect, and
not subject to appeal, an up-to-date Development Charges By-law
enacted under the Development Charges Act, 1997 or any successor
legislation identifying and imposing charges applicable to the lands
in the Secondary Plan Areas;
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b) |
Landowners/developers within the Secondary
Plan Areas or within a phase (neighbourhood) of the Secondary Plan
have entered into an agreement or agreements amongst themselves
satisfactory to the Town to address the distribution and timing of
the payment of all costs of development including those that may not
be recoverable by the Town under the Development Charges Act, 1997,
particularly the provision of community and infrastructure
facilities such as the "greenway system", roads, road improvements,
external services, sanitary and storm trunk sewers, storm water
management facilities and school sites; and,
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c) |
Landowners/developers within the Secondary
Plan Areas or within a phase of the Secondary Plan have entered into
an agreement or agreements with the Town for the provision of funds
or services, or both, to address the distribution and timing of the
payment of all costs of development, particularly the provision of
those matters set out in Section 4.2.7.2 i) b) above, all in
accordance with the intent of this Plan to ensure that the
developers pay the major share of the costs of development in the
Secondary Plan Areas;
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d) |
The Town has in full force and effect, and
not subject to appeal, appropriate Zoning By-law regulations that
fully implement the policies of this Secondary Plan and the
corresponding provisions set out in the Town's Urban Design
Guidelines.
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ii) |
Development shall only proceed
when the criteria in Section 4.2.7.2 i) and the following additional
criteria are satisfied:
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a) |
The Neighbourhood Parks shall be constructed
and delivered prior to the lands in the related neighbourhood(s) as
designated on Schedule "G" being 50% built, or at a date set out in
the development agreement entered into with the Town of LaSalle.
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b) |
The "parkette/village square" shall be constructed and delivered
prior to the lands in the related sub-neighbourhood being 50% built,
or at a date set out in the development agreement entered into with
the Town of LaSalle.
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c) |
Lands designated and/or set aside as
Neighbourhood Park, "parkette/village square", Natural Environment
and "Natural Corridor/Greenway Linkage" shall be dedicated to the
Town as a condition of draft plan approval and/or site plan
approval.
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d) |
Stormwater management facilities shall be
constructed and dedicated as a condition of draft plan approval
and/or site plan approval, provided that the Town may approve the
use of temporary stormwater facilities where it is not possible to
construct permanent facilities, and provided that provision has been
made, to the satisfaction of the Town through the payment of
financial securities or other safeguards, for the acquisition of the
required land and the construction of permanent facilities.
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For the purpose of interpreting subsection
4.2.7.2 (ii) (a) and (b) of this Plan, where neighbourhoods have
existing developed lands situated within their boundary, the 50%
criteria will be applied and calculated based on 50 percent of the
undeveloped lands situated within the related neighbourhood(s).
4.2.7.3 Zoning By-law
This Secondary Plan shall be implemented by an
appropriate amendment(s) to the Town's Zoning By-law in accordance
with the policies of this Plan. 4.2.7.4 Consents
Notwithstanding the provisions of Section 5 of
the Official Plan, subdivision of land in the Secondary Plan Areas
shall generally take place by plan of subdivision. Consents shall
only be permitted in accordance with Section 5 of the Official Plan,
and the applicable provisions of this Secondary Plan, provided that
any consent shall not prejudice the implementation of the Secondary
Plan.
4.2.7.5 Master Servicing Study and Development
Plan
In addition to the provisions of this Secondary
Plan, development in the Secondary Plan Areas shall have regard for
the Master Servicing Study and the overall design direction that has
been provided in the Development Plans that have been prepared by
the Town of LaSalle for both the Bouffard and Howard Planning
Districts. SECTION 5 - LAND DIVISION POLICIES
This section shall form the basis for Council
and Committee of Adjustment decisions on all applications for land
division with the Town of LaSalle.
5.1 - GENERAL POLICIES
The following policies shall apply to all
designations with the Town:
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a) |
The division of land will generally occur by
way of a registered plan of subdivision, and will generally be
discouraged by consent. Consent applications may, however, be
considered when a plan of subdivision is deemed not to be required
for the orderly development of any one parcel of land. The granting
of approval for all land division applications within the Town shall
be in conformity with the general and specific land use, servicing,
land division and other relevant policies of this Plan;
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b) |
Consents for the purpose of creating new
building lots will be granted only when all parcels involved abut an
existing publicly owned and maintained road of a standard of
construction acceptable to the Town and the Ministry of
Transportation;
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c) |
Consents will not be granted when any parcel
involved requires access to be obtained where a traffic hazard could
be created because of limited sight lines on curves or grades or
proximity to intersections;
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d) |
Consents will be
granted only when it has been established that soil and drainage
conditions for all parcels involved are suitable:
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i) |
To permit the proper siting of any permitted
building or structure;
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ii) |
To obtain a
sufficient and potable water supply, where no municipal piped water
supply exists;
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iii) |
To permit the installation of an adequate
means of private sewage disposal acceptable to the Ministry of
Environment and Energy or its designated agent, where no municipal
piped sanitary sewer collection system is available;
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e) |
Consents shall be granted only if they comply with the provisions
of the Town's Zoning By-law. Where a By-law amendment or minor
variance is necessary, it shall be a condition of the decision;
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f) |
Consents shall not be granted where
development would occur on lands subject to flooding, erosion or
unstable conditions or any other physical limitations as determined
by the Town in consultation with the Essex Region Conservation
Authority;
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g) |
Notwithstanding any other section
of this Plan, consents for lot adjustments or minor boundary changes
are permitted in all designations provided they are granted
conditional to Section 50(3) or (5) of the Planning Act, R.S.O.
1990;
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h) |
Consents may also be permitted to create an
easement or right-of-way provided all other applicable policies of
this Plan are maintained;
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i) |
The consent-granting authority may exercise
its powers under Section 53(12) of the Planning Act, R.S.O. 1990
when reviewing the shape, size, etc. of any proposed lot;
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j) |
Council, when making recommendations to the
Committee of Adjustment concerning consent applications, will give
consideration to the following criteria which may be stipulated as
conditions of the consent where applicable:
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i) |
That all realty and business taxes be paid in full;
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ii) |
That a land development charge is paid to
the Town in accordance with the Council approved Ontario Land
Development Charges By-law;
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iii) |
That a parkland dedication, or
alternatively, a cash-in-lieu of parkland dedication contribution is
made to the Town;
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iv) |
That any road widening
required be dedicated to the Town, county or provincial agency
having jurisdiction over the road affected;
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v) |
That, if necessary, the Town's Zoning By-law
be amended to permit the proposed use prior to the issuance of a
certificate or the stamping of deeds;
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vi) |
That the applicant enter into an agreement
with the Town to construct, upgrade or maintain a required service
affecting the lot to be severed or retained. |
5.2
- AGRICULTURAL On those lands designated
"Agricultural", consents may only be permitted if they are in
accordance with the following additional land division policies:
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a) |
Individual lot severances for agricultural purposes which could
result in, or lead to, the creation of less viable or non-viable
farm units should be discouraged. No more than one consent shall be
allowed on any farm lot as it existed on April 11, 1989, regardless
of changes in property ownership, and shall only be permitted for
one of the following reasons:
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1. |
Division of Farm Lots
A consent may be granted to permit a farm lot
to be divided into two farm lots provided:
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i) |
Each lot (both the severed and retained
parcel) has a minimum lot area of 20 hectares except in the case of
a greenhouse operation where a minimum of 4000 square metres of
greenhouses exist on the lot, the minimum lot area shall be 2
hectares. When a consent is submitted to sever a 2 hectare parcel
for greenhouse purposes and no greenhouses exist on the site at the
time of the application, such an application may be granted however
a budding permit for a residential building will not be issued until
such time as at least 4000 square metres of greenhouses are
constructed on the lot;
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ii) |
The land to be
conveyed is transferred to someone other than the applicant, the
applicant's spouse or a corporation or a partnership of which the
applicant is a principal owner.
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2. |
Surplus Dwelling A
consent may be granted to sever a dwelling unit that is considered
surplus to the needs of the farming operation as a result of the
acquisition of additional farm property provided:
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i) |
Each farm property has been owned and actively farmed by the
applicant for a minimum period of 5 years prior to the date of the
application (the other farm does not need to be located in the Town
of LaSalle, but the onus is on the applicant to provide confirmation
of ownership status);
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ii) |
Each farm property must have a minimum lot
area of 20 hectares, or 2 hectares if it contains a greenhouse
operation with a minimum of 4000 square metres of greenhouses
existing on the lot;
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iii) |
Notwithstanding paragraphs (i) and (ii)
above, a consent for a surplus dwelling may be granted if each or
either farm property has a lot area of less than 20 hectares or 2
hectares, as required above, or if the applicant has owned each or
either parcel for less than 5 years, if the subject property abuts
land owned. by the applicant and the two farm parcels will be joined
to form one consolidated farm parcel;
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iv) |
The size of the surplus dwelling lot is in
compliance with the Town's Zoning By-law and is not greater than 0.5
hectares in area, except where natural or man-made features dictate
otherwise;
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v) |
The land to be conveyed is
transferred to someone other than the applicant, the applicant's
spouse, a partnership, or a corporation of which the applicant is a
principle owner;
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vi) |
The requirements of the
Minimum Distance Separation (MDS) I shall be applied to the severing
of a surplus house.
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3. |
Retirement Dwelling A
consent may be granted to permit an owner of a farm lot, who has
owned the farm lot for a minimum period of 10 years, to convey the
farmland portion and retain for his personal use an existing
dwelling or lot provided:
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i) |
The applicant is at least 55 years in age
and is retiring from farming;
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ii) |
The applicant has not already received a
retirement lot with the Town of LaSalle or any other municipality
;
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iii) |
The lot area of the farmland to be severed
is a minimum of 20 hectares, or 2 hectares if it contains a
greenhouse operation with a minimum of 4000 square metres of
greenhouses existing on the lot;
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iv) |
Notwithstanding (iii) above, a consent may
also be permitted if the farmland to be severed is less than 20
hectares or 2 hectares in area, as required above, if the farmland
is being conveyed to the owner of abutting lands and the two parcels
would be joined to form one consolidated parcel;
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v) |
The residential lot to be retained is in
compliance with the Town's Zoning By-law and is not greater than 0.5
hectares in area, except where natural or man-made features dictate
otherwise;
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vi) |
The land to be conveyed is transferred to
someone other than the applicant, the applicant's spouse, a
partnership, or a corporation of which the applicant is a principal
owner;
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vii) |
The requirements of the Minimum
Distance Separation (MDS) I shall be applied to the severing of a
retirement dwelling. However, if the existing barns that are in
proximity to the retirement dwelling cannot meet the requirements of
the Minimum Distance Separation (MDS) I, it may be warranted in
terms of future farm operations and options to demolish or remove
the barns;
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viii) |
Notwithstanding any other policies of
this Plan to the contrary, where a retirement dwelling consent is
granted in accordance with the above policies, a condition of the
decision may be that the applicant may provide a reference plan for
the lands to be retained (the retirement lot) to the
Secretary-Treasurer of the Committee of Adjustment instead of
providing a reference plan for the lands to be conveyed (the larger
farm parcel). This exception to the normal operating procedure is
being allowed to save the applicant the expense of having the larger
parcel surveyed. The deed, however, will have to be worded
accordingly;
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ix) |
Notwithstanding the minimum 10 year
ownership requirement above, a retirement dwelling may also be
granted to an applicant who has not had actual ownership of the
subject property for the required 10 years provided:
-
the applicant has been actively engaged in
farming the subject property as his principal occupation for a
minimum period of 10 years;
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the land has been farmed or owned by the
applicant's parents or spouse, or a corporation of which the
applicant's parents or spouse are principal shareholders for a
minimum period of 10 years;
-
all of the other
requirements of this subsection entitled Retirement Dwelling are
complied with.
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b) |
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With the exception of the residential lots
that could result from subsection 4.2 a) no consent shall be granted
that has the effect of creating any additional residential building
lot in the Agriculturally designated areas of the Town;
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c) |
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Consents may also be granted to allow the
establishment of other permitted uses as set out in subsection 3.2
of this Plan;
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d) |
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Notwithstanding any other policies of this
Plan to the contrary, the consent granting authority may consider
the granting of a consent to separate existing residential buildings
located on a lot in the Agricultural area of the Town provided:
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i) |
The consent will not result in the creation of
a new building lot. For the purpose of this paragraph a new building
lot is defined as a legally conveyable lot without an existing
residence;
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ii) |
The lot that is the subject of the consent
application must have two or more residences situated thereon, both
of which existed prior to April 11, 1989;
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iii) |
The lot to be severed and the lot to be
retained shall both:
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have frontage on a publicly-owned and
maintained road;
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have a separate on-site sewage disposal system
that meets the local health unit's minimum standards;
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have an adequate water supply to the
satisfaction of the municipality;
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comply with the requirements of the Minimum
Distance Separation (MDS) I; and
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comply with the applicable requirements
contained in the implementing Zoning By-law.
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5.3
- RESIDENTIAL AND WATERFRONT DEVELOPMENT In areas
designated "Residential" and 'Waterfront Development", division of
land by consent shall only be permitted in accordance with the
following policies:
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a) |
For infilling in areas which are already
substantially developed. Infilling shall mean development by
consent which would have the effect of completing the existing
development pattern on an existing publicly owned and maintained
road;
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b) |
For the relotting of existing
undersized lots on old registered plans of subdivision, in areas of
the Town which have already been subdivided. It is Council's intent
to use a deeming By-law in conjunction with the consent process to
consolidate existing undersized lots where a new plan of subdivision
is not required.
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5.4 - COMMERCIAL DISTRICT, TOWN CENTRE, BUSINESS
PARK AND MARINE-RELATED INDUSTRIAL
On those lands designated "Commercial
District", "Town Centre", "Business Park", and "Marine-Related
Industrial" consents will be granted for the creation of a new lot
for a permitted use as outlined in this Plan, provided the consent
is in compliance with the Town's Zoning By-law and a registered plan
of subdivision is deemed not to be required.
5.5 - COMMUNITY FACILITY AND RECREATIONAL
In areas designated "Community Facility" and
"Recreational", consents will be permitted for the creation of a new
lot for a permitted use as outlined in this Plan, provided the
consent is in compliance with the Town's Zoning By-law.
5.6 - NATURAL ENVIRONMENT AND WETLAND
In areas designated "Natural Environment" and
"Wetland", consents shall be permitted for the conveyance of land to
public or private agencies, conservation groups, individuals or
corporations engaged in the protection and conservation of the
natural environment and wetland areas.
5.7
- FLOODPLAIN DEVELOPMENT CONTROL AREA AND DETROIT RIVER FLOODPRONE
AREA
In addition to the consent policies for the
corresponding designations, consent applications which have the
effect of creating new lots with the Floodplain Development Control
Area and Detroit River Floodprone Area, will not be allowed unless a
development permit has been issued by the Essex Region Conservation
Authority in accordance with Ontario Regulation 730/82, as amended
from time to time and the site can be certified by the Ministry of
Environment and Energy or its designated agent as suitable for the
sustained operation of a private sewage disposal system where
applicable. SECTION 6 MUNICIPAL SERVICES
6.1 - GENERAL
The policies of Section 6 shall apply to all
development within the Town of LaSalle.
Developers will be required to pay for the
majority of costs associated with servicing future development
areas. With limited financial resources
available to the Town of LaSalle, the provision of new and/or
improved municipal infrastructure and services will be phased in
over time and may not be available at all locations town-wide when
individual development proposals are submitted to the Town for
approval purposes.
Council will utilize development agreements to
obtain financial contributions and where appropriate the completion
of required infrastructure and services needed to properly service
all new development and redevelopment proposals town-wide. For the
most part these financial contributions are area-specific in nature
and are intended to benefit the individual development(s) being
proposed.
The Town will continue to collect development
charges imposed through a Development Charges By-law passed in
accordance with the Development Charges Act. These fees have been
assessed and are being collected for town-wide infrastructure items,
to ensure that growth-related capital expenditures are paid for by
new development and do not place an undue financial burden on
existing ratepayers.
Prior to any new development and/or
redevelopment being permitted with the urban area of the Town,
Council will require individual landowners and developers to confirm
that for the land uses and residential densities being proposed
there is:
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a) |
Adequate sanitary sewage transmission and
treatment capacity; and
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b) |
Adequate water supply in respect to flows
and pressures.
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The maximum residential densities set out in
subsection 3.3.2 of this plan are provided for land use planning
purposes only, and should not be interpreted as representing
available existing sanitary sewerage design capacity and/or water
flows and pressures for any given geographic area with the urban
area of the municipality.
6.2 - WATER SUPPLY AND
DISTRIBUTION
The Town owns and operates its own water
distribution system, and provides a piped water supply to both the
urban and rural areas of the municipality. Water is purchased from
the Windsor Utilities Commission on a bulk basis at three delivery
points located along the northern limits of the Town. The following
policies shall apply to water supply and distribution within the
Town:
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a) |
Water pressures will be maintained at
adequate service levels, and no watermain extension will be permitted
if the resulting water pressure would fall below acceptable
waterworks standards;
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b) |
In order to support the growth management
and land use policy objectives of this Plan, it shall be the policy
of the municipality to not permit any new watermain extensions
outside the designated urban area of the municipality.
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6.3 - SEWAGE DISPOSAL In
1974, the Town of LaSalle entered into the necessary agreements with
the Ministry of the Environment and the City of Windsor for the
installation of a major sanitary sewer collection system designed to
service the urban area of the Town. Due to the very high costs
associated with this project and the limited resources available,
construction has been staged over a number of years. The final phase
of the trunk sanitary sewage collection system was installed in
1993. The following policies shall apply to sewage disposal within
the Town:
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a) |
It shall be the policy of this Plan that
unless otherwise expressly provided for in this Plan all development
in the urban area of the Town shall be connected to the municipal
sanitary sewer collection system;
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b) |
The infrastructure associated with the
sewage collection system (additional forcemain, pumping capacity and
treatment capacity) is to be phased in over time and constructed or
purchased by the municipality as required.
In areas of the Town with full municipal
services, development proposals shall not be granted approvals,
unless adequate uncommitted reserve water and sewage treatment
capacity is available to be allocated to the development.
The Ministry of the Environment guidelines on
the availability of uncommitted reserve servicing capacity may be
used as guidance. When the capacity of the water and sewage
facilities have been fully allocated and prior to the facilities
reaching their hydraulic capacity the Town shall demonstrate a
commitment to the expansion of the facilities in accordance with the
municipal servicing strategy. Limitations in the capacity and
operating performance of the water and sewage facilities will be
recognized as a constraint to the approval and timing of new
development proposals. Development with partial
municipal services (i.e. municipal piped water in the absence of
municipal sanitary sewers) will be discouraged in the Town, except
where necessary to address failed services or because of physical
constraints.
Where multiple lot/unit development is proposed
on individual sewage and water services for more than five
lots/units of residential, industrial, commercial, recreational or
institutional development, servicing options, including development
on communal sewage and water systems, must be investigated by the
proponent to the satisfaction of the Approval Authority and/or the
municipality. In addition, an impact assessment must be
prepared by the applicant, to the satisfaction of the Ministry of
the Environment and/or its designate, in accordance with Ministry
guidelines, demonstrating that the impacts on ground and surface
water of the proposal will be within acceptable limits. Any
development proposing a communal servicing system must satisfy the
requirements of the Ministry of the Environment.
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c) |
The design and construction of all sanitary
sewers shall have sufficient depth and capacity to serve all areas
which may be ultimately connected to that part of the system. All
sanitary sewers constructed shall be completely separate from any
storm drainage facilities;
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d) |
Sewage disposal in the rural area of the Town will continue to be by means of private septic tanks and tile
beds or other individual sewage disposal systems. There are no
plans by the Town to extend the municipal sanitary sewer system
beyond the urban area boundary. All sewage disposal systems in the
agricultural area must be approved by the Ministry of Environment
and Energy and/or its designated agent.
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6.4 - STORM DRAINAGE
The topography of the Town is very flat and is
drained by an extensive network of inland watercourses, municipal
drains, storm sewers and open ditches in various states of repair. The following policies shall apply to storm drainage with the
Town:
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a) |
All new development shall be provided with
adequate storm drainage facilities connected to storm sewers, drains
or watercourses;
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b) |
As development occurs in the designated
urban area, it will be necessary for some storm sewer over-sizing and
deepening to occur. The design and construction of all storm sewers
and improvements to natural watercourses shall have sufficient depth
and capacity to serve all areas which may ultimately be connected to
sewers or open watercourses;
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c) |
Where an area is already partially developed
but is deficient in storm drainage facilities, the installation of
the necessary works for new development shall also be designed and
constructed to accommodate existing development where this is
appropriate;
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d) |
In certain instances, the Town and the Essex
Region Conservation Authority will require stormwater runoff from
new development to be controlled to predevelopment conditions.
Where necessary, developers will also be required to provide
sufficient temporary outlets, designed and built to the satisfaction
of the Town and the local conservation authority, until such time as
downstream trunk sewers or municipal drains are constructed;
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e) |
New development within the designated urban
area of the Town will also have to comply with the requirements of
the Ministry of Environment and Energy with respect to stormwater
quality matters;
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f) |
The comprehensive
Zoning
By-law will establish setbacks from open drains and watercourses
that are outside of the regulated area of the Essex Region
Conservation Authority, to ensure that proper maintenance of these
storm drainage facilities can be carried out efficiently in the
future;
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g) |
Easements and/or land dedications for the
maintenance and upkeep of municipal drains and open watercourses
will be secured as development/redevelopment takes place within the
Town, in accordance with the corridor width requirements to be
determined by the Town's Engineer;
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h) |
In reviewing individual development
applications, Council will, where necessary, require developers to
utilize appropriate stormwater management techniques to minimize
erosion and siltation of watercourses and open drains and to not
adversely affect upstream or downstream property owners;
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i) |
The Town is currently participating in a
joint subwatershed study for the Turkey Creek subwatershed areas
with the City of Windsor, the Township of Sandwich South and the
Essex Region Conservation Authority. This study is intended to
provide the respective municipalities with further information and
policy recommendations pertaining to water quantity and quality
issues. Once the findings of this study are available, additional
storm drainage policies may be added to this Plan by amendment to
implement a coordinated regional approach to stormwater management
issues for the affected subwatersheds.
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6.5 - TRANSPORTATION
During the planning horizon of this Official
Plan document, the principal mode of transportation for Town
residents will continue to be the private automobile. Consequently,
the transportation policies of this plan envisage that with the
exception of local trips to/from various locations within and
between neighbourhoods and leisure activities associated with
walking and cycling, Town residents will continue to use the
existing provincial highway, county road and Town road systems to
travel to/from work and to/from other parts of Essex County.
Schedule "E" of this Plan depicts the
Town's
existing road network, and identifies the type of road by the
function it is expected to perform. New arterial and collector roads
are also shown on this schedule, together with the location of the
main corridors for a new bikeway/trail system. The following
policies shall apply to the management and development of the
transportation network within the Town:
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a) |
The Town's road network will be based on a
hierarchical system which distinguishes between the relative
importance of providing for the traffic movement and/or property
access for each roadway. This roadway classification is as follows:
Arterial roads provide for high volumes of both
passenger and commercial traffic for inter-urban travel at moderate
speeds. Direct property access will be discouraged and controlled to
limit the number and spacing of driveways and new public road
intersections.
Collector roads are intended to provide for the
movement of moderate volumes of traffic between local roads and the
arterial roads at low to moderate speeds, while at the same time
providing access to individual properties. All
other roads in the Town are expected to function as local roads
during the planning period, providing direct access to various
abutting land uses. By their very nature they are designed and
intended to accommodate a much lower volume of traffic at low
speeds;
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b) |
To maintain a safe and efficient road system
in the Town, it shall be the policy of Council to pursue a program
of improving road alignments, surfaces and pavement widths, and to
establish adequate road allowances and standards for new
development. Priority will generally be given to
any repairs on arterial and collector roads so that the flow of
traffic may be maintained. The Roads Need Study of the Town and the
capital works budget will be used to establish priorities for the
upgrading of the existing municipal road system that is under the
control and jurisdiction of the Town;
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c) |
Council will require the following minimum
road widths, by roadway type:
arterial roads - 26.2 metres to 30.5 metres
collector roads - 22 metres to 26.2 metres
local streets - 20.1 metres
(note: a reduced right-of-way of 15.2 metres
may be permitted by Council where 2.5 metre easements are provided
on both sides of the road, and a 20.1 metre right-of-way is not
deemed to be required for engineering or planning reasons);
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d) |
In designing, building and maintaining roads
with the Town, the following policies shall be applied to new and
existing roads:
Alignment, boulevard, and centre median
development should be an aesthetic consideration during the design
of all roadways; Landscaping and planting should
be used to establish a uniform and coordinated street image along
arterial and collector roads; The roadway
function (arterial, collector or local street) should be used as a
guide to determine the number, frequency and location of permitted
driveway and street intersections, in accordance with sound traffic
engineering principles that maximize safety and protect the capacity
and operational characteristics of the overall road network;
Sidewalks, walkways, and bikeways shall be
considered as integral parts of all new residential developments, to
facilitate cycling and pedestrian modes of transportation with and
between residential neighbourhoods, recreational and community
facilities;
Provisions for bus bays should also be
considered as part of new subdivision designs to accommodate an
expanded regional transit service, should such a service become
available during the life of this Plan.
The use of cul-de-sacs is discouraged within
the Town and, wherever possible, crescents and a modified grid
system should be used when designing and constructing new roads in
order to promote and facilitate walking within neighbourhoods and
the use of a future transit system. Where cul-de-sacs are required
to be used within new developments, they should be designed in such
a manner as to not exceed 300 metres in length;
Alternative design standards will be favourably considered by Council
in those instances where such innovation is required to protect
important natural heritage features and/or to implement part of the
proposed new "greenway system".
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e) |
Council supports the creation of a new
bikeway/linear trail system for the Town. The main corridor for this
new bikeway/linear trail system is depicted on Schedule "E" to this
Plan.
As funding becomes available, the Town will
implement a staged network of bikeways, recreational trails and
walkways which will be developed and managed as part of the Town of
LaSalle "greenway system". The design of
bikeways with the Town will encourage the separation of bicyclists
and pedestrians wherever possible, or facilitate the mixture of
pedestrians with slow-moving recreational bicyclists when such
separation is not possible.
Council will encourage the development of
pedestrian routes to link all major open space areas, commercial
districts, and schools and other public institutions located within
the Town. This pedestrian network will be integrated with and
designed to function as part of the Town's overall transportation
network, providing a safe and convenient alternative to automobile
forms of transportation.
In areas of the Town where new residential
development is being phased, the Town will consider the temporary or
up-front permanent development of walkways, bikeways and trails at
the early phase of the development to ensure continuous and early
pedestrian/cyclist linkages to schools, parks and future transit
stops;
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f) |
Sidewalks on one or both sides of the
street, or at other required locations, wd be required to be
constructed to serve new development and to provide pedestrian
access to schools, parks and commercial districts town-wide. In
certain instances, sidewalks may not be required on short
residential crescent and cul-de-sac streets, depending on pavement
length, anticipated volumes of pedestrian traffic, distance to
existing pedestrian routes and the overall nature and type of
adjacent land use;
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g) |
Council will require that all developments
incorporate sufficient off-street parking spaces to meet the
anticipated needs of the proposed land use, in order to maintain
safe and convenient transportation corridors town-wide. The Town's
comprehensive Zoning By-law will establish the minimum number of
spaces required for each type of land use. In view of the fact that
at present there is no public transit system available with the
Town, these parking standards should be considered as guidelines
representing industry standards and in many instances depending on
the nature and operational characteristics of the business itself
additional off-street parking spaces may be warranted and should be
provided.
Design standards for the location, layout,
construction, lighting and landscaping of off-street parking areas
will be applied through the site plan control review and approval
process. The intent of such standards will be to achieve safe access,
efficient usage, improved aesthetics and reduced impacts on adjacent
land uses and transportation corridors;
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h) |
Functional design studies should be carried
out in advance of any new recreation-way/bikeway system being
constructed to ensure that a safe and efficient facility is put in
place to meet the needs of existing and future LaSalle residents. In
the interim period, Council should continue to acquire the necessary
corridors as part of all development and redevelopment applications
town-wide.
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i) |
A regional transportation study is
currently being prepared for all lands located with the Metropolitan
Windsor area. Additional transportation policies may need to be
added to this plan once this study is complete and recommendations
are available for review by Council. |
SECTION 7
- IMPLEMENTATION AND INTERPRETATION
7.1 - GENERAL
This Plan shall be implemented by means of the statutory powers
conferred upon the Council and other municipal officials by the
Planning Act, the Municipal Act, the Development Charges Act and any
other powers as may be exercised through the Zoning By-law,
subdivision control regulations, developer's agreements and
standards of maintenance and occupancy By-laws.
7.2 - IMPLEMENTING ZONING BY-LAW
The Town will prepare a new comprehensive
Zoning By-law to zone lands in accordance with the policies and
designations contained in this Plan.
7.3 - HOLDING ZONES
The Town's Zoning By-law will incorporate the
holding zone approach in accordance with Section 36 of the Planning
Act, R.S.O. 1 990. The Zoning By-law will identify the uses that are
ultimately intended for certain lands, but by adding the holding (h)
symbol, will delay their actual development until specific
conditions are met. When the required conditions are met, a By-law
removing the holding (h) symbol will be passed.
Holding zones will be used in the Zoning By-law in accordance with
the policies of Section 3 of this Plan. The
holding (h) symbol will not be removed until such time as Council is
satisfied that adequate sewage disposal and the provision of other
services is possible, development applications are approved by
Council, various agreements are in place and plans of subdivision
are approved, where necessary.
In the interim period, the Zoning By-law shall
permit existing uses and in some cases, agricultural uses.
7.4 - SITE PLAN CONTROL
The Town of LaSalle will
exercise site plan control in accordance with the provisions of
Section 41 of the Planning Act, R.S.O. 1990 and the following
policies: 7.4.1 Proposed Site Plan Control Area
The Town of LaSalle in its entirety is designated as a proposed site
plan control area pursuant to Section 41 (2) of the Planning Act,
R.S.O. 1990.
7.4.2 Objectives
The Town's objectives in using site plan
control are:
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a) |
To ensure a high standard of
site design for new development;
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b) |
To ensure safety and efficiency of vehicular
and pedestrian access;
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c) |
To minimize incompatibilities between new
and existing development;
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d) |
To control the location of driveways,
parking, loading and garbage collection facilities;
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e) |
To secure easements or grading and
alterations necessary to provide for public utilities and site
drainage;
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f) |
To ensure that the development
proposed is built and maintained as approved by Council. |
7.4.3 Application of Site Plan Control
Expansions to existing and the establishment of new medium and high
density residential developments, all low density free-hold
townhouse type residential developments, commercial, industrial,
recreational and institutional developments shall be subject to site
plan control. The development of new mushroom operations shall also
be subject to site plan control. All other development such as
single unit dwellings and agricultural uses other than mushroom
operations shall be exempt from the site plan control process.
7.4.4 Proposed Road Widening
As a condition of the approval of site plans,
the Council of the Town of LaSalle may require the owner to provide,
at no expense to the municipality, a specified amount of land for
the purpose of road widening. Such land shall only be required where
the proposed development abuts one or more of the roads indicated
below and only on the side and to the extent indicated below:
|
Road Name |
Maximum
Amount of Land Required from Each Side |
|
Malden Road |
5.2
metres |
|
Huron Church Line Road |
5.2
metres |
|
Sprucewood Road |
3.0
metres |
|
Front Road |
3.0
metres |
|
Todd Lane |
1.7
metres |
7.4.5 Implementation This
policy shall be implemented through the adoption of one or more Site
Plan Control By-laws designating specific Site Plan Control Areas in
accordance with Section 41 (2) of the Planning Act, R.S.O. 1990 and
the policies contained in this subsection.
7.5
- THE MUNICIPAL ACT AND THE DEVELOPMENT CHARGES ACT
It is intended that the Town shall review existing legislation
pursuant to the Municipal Act governing such uses as fences and
signs, and where necessary amend existing By-laws or pass new By-laws as may be required to ensure such uses are properly
regulated and controlled.
Also, it is the intention of the Town to pass a
Development Charges By-law in accordance with the Development
Charges Act. The development charge outlined in the By-law will
reflect Council's opinion that the majority of expenses incurred as
a result of new development will be borne by the developers and not
the municipality at large.
7.6 - COMMITTEE OF
ADJUSTMENT
It is intended that the Town will continue to
maintain a Committee of Adjustment under the provisions of the
Planning Act, R.S.O. 1990 to preside over consent, minor variance
and non-conforming use applications. The Committee shall be guided
by the policies of this Plan and the requirements of the Zoning
By-law in making decisions on applications.
7.7
- PLANS OF SUBDIVISION
It shall be the policy of the Town to recommend
to the Minister for approval, only those plans of subdivision which
comply with the policies of this Plan, which can be supplied with
adequate servicing such as fire protection, water supply, storm
drainage and sewage disposal facilities, and which are appropriate
in light of the Town's financial position.
7.8 - PUBLIC WORKS AND CAPITAL WORKS PROGRAMS
It is intended that the construction of public
works with the Town of LaSalle shall be carried out in accordance
with the policies of this Plan.
7.9 - MAINTENANCE AND OCCUPANCY BY-LAW
It is the goal of this Plan to maintain an
efficient and pleasant living environment. To achieve this goal, a
Maintenance and Occupancy By-law will be passed and shall be
enforced in accordance with Section 31 of the Planning Act, R.S.O.
1990. This By-law will establish the minimum standards for property
maintenance and occupancy as they relate to:
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a) |
The physical conditions of yards and
passageways;
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b) |
The adequacy of sanitation including
drainage and garbage;
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c) |
The physical condition of all structures
with particular regard to the following:
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i) |
Structural standards |
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ii) |
Lights and ventilation |
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iii) |
Condition of stairs |
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iv) |
Interior walls, ceilings and floors |
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v) |
Toilet facilities |
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vi) |
Condition of chimneys |
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vii) |
Heating systems |
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viii) |
Electrical service |
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ix) |
Access.
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This Maintenance and Occupancy By-law shall be
enforced and administered by the Chef Building Official or any other
person designated by Council. A Property Standards Committee shall
also be maintained to review all appeals.
7.10
- OTHER METHODS OF IMPLEMENTATION
The Town may use the agencies and techniques
listed below to assist in the implementation of Official Plan
policies as appropriate:
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a) |
The assistance and advice of the Ontario
Ministry of Agriculture, Food and Rural Affairs and the Ministry of
Environment and Energy on agricultural operations;
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b) |
The assistance and advice of the Essex
Region Conservation Authority on adequate flood protection and
conservation measures;
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c) |
The acquisition of significant natural areas
by public or private bodies or individuals concerned with
conservation;
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d) |
The assistance and advice of the Ministry of
Environment and Energy and/or its designated agent and the local
Health Unit on servicing matters.
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7.11 - EXISTING LAND USES AND BUILDINGS
Certain lands with the Town have been developed for a use other than
that which is permitted by the designations and policies of this
Plan. Some of these uses are still operating but some have ceased to
exist leaving vacant substantial buildings, most commonly commercial
or industrial buildings. Such lands (both those with legally
existing uses and those with vacant buildings) may be zoned in the
Zoning By-law to permit the existing use, if there is one, or the
previous use if the buildings are presently vacant provided:
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a) |
The buildings lawfully existed prior to the
date of adoption of this Plan;
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b) |
The use to be permitted does not interfere
with the desirable development or enjoyment of neighbouring
properties;
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c) |
The use does not constitute a danger to
surrounding uses and persons because of its hazardous nature or
traffic generated; and
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d) |
The By-law reasonably limits the amount of
expansion that is to be permitted to ensure that the use does not
become larger than would be appropriate for the area. |
Applications to amend the Zoning By-law to permit a use that is as
compatible or is more compatible with the surrounding area may also
be approved by Council without an amendment to this Plan provided
the proposed use satisfies the above criteria.
Also, there are a number of parcels that have
applying to them current zonings that are not in conformity with
this Plan. Those zonings can be carried forward in the implementing
Zoning By-law without the requirement of amending or modifying this
Plan.
7.12 - NON-CONFORMING USES
Any land use which does not meet the provisions
of Section 6.1 1 shall be left as a non-conforming use in the Zoning
By-law. As a general rule, such a use should cease to exist.
In special circumstances however, it may be desirable to permit the
extension or enlargement of such a nonconforming use in order to
avoid unnecessary hardship.
It is the intention of this Plan that
extensions and enlargements be handled without an amendment to this
Plan through the use of either Section 34(10) or 45(2) of the
Planning Act, R.S.O. 1990. When considering an application under
either section of the Act for the extension or enlargement of a
non-conforming use, Council shall decide if the special merits of
the individual case make it desirable to grant permission for the
extension or enlargement and in so doing shall have regard to the
following matters:
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a) |
That the proposed extension or enlargement
of the established non-conforming use shall not unduly aggravate the
situation created by the existence of the use, especially in regard
to the policies of this Official Plan and the Zoning By-law applying
to the area;
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b) |
That the proposed extension or enlargement
shall be in an appropriate proportion to the size of the
non-conforming use;
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c) |
That the
application which would affect the boundary areas of different land
use designations will only be processed under these policies if it
can be considered as a "minor adjustment" permitted under the
Interpretation Clause, Section 7.16 of this Plan, without the need
for an amendment. Any major variance to the property boundaries will
require an amendment to this Plan;
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d) |
The
characteristics of the existing nonconforming use and the proposed
extension or enlargement shall be examined with regard to noise,
vibration, fumes, smoke, dust, odours, lighting and traffic
generating capacity;
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e) |
That the neighbouring conforming uses will be
protected, where necessary, by the provision of areas for
landscaping, buffering or screening, appropriate setbacks for
buildings and structures, devices and measures to reduce nuisances
and, where necessary, by regulations for alleviating adverse effects
caused by outside storage, lighting, advertising signs, etc.;
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f) |
That adequate provisions have been, or will
be made for off-street parking and loading facilities;
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g) |
That applicable municipal services such as
storm drainage, sewage disposal and water supply are adequate and
meet the approval of the Town and the Ministry of Environment and
Energy or its designated agent. |
7.13 - EXISTING
LOTS OF RECORD
There are existing lots of record in the Town
which are under separate ownership and which do not conform with the
development standards of the designation or the corresponding zone
in the Zoning By-law.
Notwithstanding their non-compliance, it is the
policy of this Plan that these lots may be developed subject to the
following provisions:
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a) |
The proposed use is in conformity with the Town's comprehensive
Zoning By-law;
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b) |
The lot abuts an existing publicly owned and
maintained road of a standard of construction acceptable to the Town
and the Ministry of Transportation;
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c) |
Outside the designated sanitary sewerage
service area, soil and drainage conditions are suitable to permit
the proper siting of a building and to permit the installation of an
adequate means of sewage disposal. The installation of septic tank
systems or other private sewage disposal systems must meet the
standards established by the Ministry of Environment and Energy or
its designated agent;
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d) |
The lot is serviced by an existing municipal
piped water supply in the urban areas of the municipality. In
the agricultural areas of the Town, the lot is serviced by an
approved potable water supply or an existing municipal water supply;
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e) |
The development is in compliance with the
Minimum Distance Separation (MDS) I and 11;
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f) |
The existing lot of record has a minimum lot
frontage which meets the prescribed minimum lot frontage for such
lots of record as set out in the Town's comprehensive Zoning By-law.
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7.14 - TEMPORARY USE BY-LAWS
Pursuant to Section 39 of the Planning Act,
R.S.O. 1990, Council may pass "temporary use By-laws" to authorize
the temporary use of land, buildings or structures for a purpose not
otherwise authorized by the Zoning By-law for a specific period of
time not to exceed three years.
Council may authorize a temporary use on a
one-time basis or for a short period of time on a periodic basis,
where it is considered inappropriate by Council to permit the
proposed use on a permanent or continuing basis, and where
alternatives such as relocation, etc. are not practical. Council may
pass subsequent By-laws granting extensions of up to three years. However, once the By-law has lapsed, the use must cease or otherwise
will be viewed as contravening the Zoning By-law.
Prior to the approval of any temporary use
By-law, Council shall be satisfied that the following principles and
criteria are met:
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a) |
The proposed use shall be of a temporary
nature and shall not entail any major construction or investment on
the part of the owner so that the owner will not experience undue
hardship in reverting to the original use upon the termination of
temporary use provisions;
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b) |
The proposed use
shall not be incompatible with adjacent land uses and the character
of the surrounding area;
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c) |
The proposed use
shall be properly serviced and not require the extension or
expansion of existing municipal services;
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d) |
The proposed use shall not create any
traffic problems with the surrounding area, nor shall it adversely
affect the volume and/or type of traffic found on the area's roads;
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e) |
Parking facilities required by the proposed
use shall be provided entirely on-site; and
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f) |
The proposed use shall generally be beneficial to the surrounding
area or the community-at large.
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Notwithstanding the policies of this Plan,
Council may authorize the temporary use of land which may not
conform with the land use policies of this Plan provided:
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The temporary use is determined to not have any
detrimental effect upon the existing land uses in the area; and the
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Proposed temporary use conforms to the
principles and criteria established in this subsection.
7.15 - INCREASED HEIGHT AND DENSITY (BONUS) PROVISION BY-LAWS
Pursuant to Section 37 of the Planning Act,
R.S.O. 1990, Council may pass "increased height and density (bonus)
By-laws" to authorize increases in the height and density of
development otherwise permitted by the Town's comprehensive Zoning
By-law that will be permitted in return for the provision of such
facilities, services or matters as are set out in the "Bonus
By-law".
Council may utilize Section 37 of the Planning
Act to assist with the acquisition, conservation and protection of
remaining natural heritage features town-wide, and with the
development of the proposed Greenway System as depicted on Schedule
"F" of this Plan. In addition, Council may use Section 37 of the
Planning Act to assist with the acquisition and
development/redevelopment of land for off-street parking lots and
other public amenities in the Town Centre area and within the Front
Road Commercial District.
A Bonus By-law adopted under Section 37 of the
Planning Act will
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a) |
Contain the detailed development standards
that would apply when the bonus is awarded. If the bonus is
not awarded, the standards of the underlying Zoning By-law category
assigned to the site affected would continue to apply. The
development standards must conform to the applicable land use,
servicing, transportation and other relevant policies of this plan;
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b) |
Set out how the bonus standards relate to
the conditions that are required to be met in order for the bonus
standards to apply to the site;
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c) |
Address the matters to be dealt with in the
agreement;
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d) |
Be written in such a way as to ensure that
discretion cannot be applied. If the conditions to be met and the
bonus to be awarded are all agreed to and set out in an agreement, a
rezoning should not be necessary.
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In determining appropriate sets of bonus
standards to be awarded, Council will ensure that:
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The extent of the increase in height or density
is compatible with adjacent development;
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The bonus density and height proposed conforms
to the Town's Official Plan;
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The conditions to be met are realistic in terms
of marketability, general economics and the needs of the Town of
LaSalle;
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The natural heritage, environmental, greenway,
Town Centre, and commercial district objectives of this plan are
implemented to the greatest degree possible.
7.16 - INTERPRETATION
The designation boundary lines and the text of
this Plan should not be interpreted in a legalistic, narrow or
strict manner. They are meant to be relatively flexible. Appropriate
variations may be made by Council without an amendment to this Plan,
where necessary and appropriate, provided that the general intent of
the Plan is maintained.
Where any Act or portion of an Act is referred
to in the Plan, such references shall be interpreted to refer to any
subsequent renumbering of the sections in the Act and/or changes in
the date of the Act. 7.17 - AMENDMENT PROCEDURES
All proposed amendments to this Official Plan
or the implementing Zoning By-law shall be processed in accordance
with the provisions of Sections 21 and 34 of the Planning Act, R.S.O.
1990, and due regard shall be given to the following matters:
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a) |
The physical suitability of the land to be
used for the proposed use;
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b) |
The adequacy of all required services;
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c) |
The adequacy of the road system to
accommodate the projected traffic volume increases;
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d) |
The compatibility of the proposed use with
existing and potential future uses in the surrounding area; and
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e) |
The need for the additional land to
accommodate the proposed use/facilities.
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7.18 - REVIEW OF OFFICIAL PLAN POLICIES
The policies and designations of this Plan
shall undergo a comprehensive review not later than 5 years from the
date of its approval by the Minister of Municipal Affairs. The
purpose of the review will be to:
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a) |
Document the type and location of new
development that occurred during the preceding 5 year period;
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b) |
Project the nature of new development that
can be expected during the subsequent 5 year period;
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c) |
Review the continued appropriateness of the
Plan's goals, policies and designations;
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d) |
Formulate revised or new goals, policies and
designated land use.
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7.19 - MUNICIPAL PLAN REVIEW/ONE WINDOW
Notwithstanding other policies of this Plan, if
the policies of this Plan require consultation with government
ministries for development applications under the Planning Act, the
Town and/or applicant shall consult with the Ministry of Municipal
Affairs and Housing where the Ministry of Municipal Affairs and
Housing is the approval authority.
Where the Official Plan has been drafted to
require that an evaluation, demonstration or other action by one or
more of the provincial ministries, the policy should generally be
interpreted to mean that it is the Town's responsibility to ensure
regard has been had for Provincial policies.
In keeping with the statutory requirement of
the Planning Act, the Town will forward all applications to amend
the Official Plan to the Ministry of Municipal Affairs and Housing,
with 30 days of receiving the application, for review and comment.
SCHEDULE A
Planning Districts (pdf)
SCHEDULE B
Land Use Plan (pdf)
SCHEDULE B-1
Land Use Plan: Front Road Planning District (pdf)
SCHEDULE B-2
Land Use Plan: Malden Planning District (pdf)
SCHEDULE
B-3
Land Use Plan: Talbot Planning District (pdf)
SCHEDULE
B-4
Land Use Plan: Bouffard Planning District (pdf)
SCHEDULE B-5
Land Use Plan: Howard Planning District (pdf)
SCHEDULE
C
Areas Susceptible to Flooding (pdf)
SCHEDULE D
Provincially Significant Wetlands (pdf)
SCHEDULE E
Transportation Plan (pdf)
SCHEDULE F
Proposed Greenway System (pdf)
SCHEDULE G
Neighbourhood and District Plan for Bouffard, Howard, & Talbot
Planning Districts (pdf)
CONSOLIDATED LAND USE PLAN
(pdf) |