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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

 

1.2

Legislative Authority

 

1.3

Planning History

 

1.4

Purpose of the Plan

 

1.5

Basis of the Plan

SECTION 2: GENERAL DEVELOPMENT POLICIES

 

2.1

General Site

 

2.2

Suitability

 

2.3

Visual Amenity and Design

 

2.4

Minimum Distance Separation

 

2.5

Heritage Conservation

 

2.6

Energy Conservation

 

2.7

Electric Power Facilities

 

2.8

Other Utility Facilities

 

2.9

Institutional Uses

 

2.10

Permitted Public Uses

 

2.11

Mobile Homes

 

2.12

Wayside Pits, Quarries and Portable Asphalt Plants

 

2.13

Woodlots

 

2.14

Development Along Railways

 

2.15

Development Abutting Provincial Highways and County Roads

 

2.16

Development Along Inland Watercourses

 

2.17

Development Near Former Waste Disposal Site

 

2.18

Re-Use of Potentially Contaminated Sites

 

2.19

Bi-National Transportation Study

 

2.20

Special Policy Area - Species at Risk

SECTION 3: LAND USE PLAN

 

3.1

Introduction

 

3.2

Agricultural

 

3.3

Residential

 

3.4

Waterfront Development

 

3.5

Commercial District

 

3.6

Malden Town Centre

 

3.7

Business Park

 

3.8

Marine-Related Industrial

 

3.9

Community Facility

 

3.10

Recreational

 

3.11

Wetland

 

3.12

Natural Environment

 

3.13

Floodplain Development Control Area

 

3.14

Detroit River Floodprone Area

SECTION 4: SECONDARY PLANS

 

4.1

Introduction

 

4.2

Bouffard and Howard Planning Districts Secondary Plan

SECTION 5: LAND DIVISION POLICIES

 

5.1

General Policies

 

5.2

Agricultural

 

5.3

Residential and Waterfront Development

 

5.4

Commercial District, Town Centre, Business Park and Marine-Related Industrial

 

5.5

Community Facility and Recreational

 

5.6

Natural Environment and Wetland

 

5.7

Floodplain Development Control Area and Detroit River Floodprone Area

SECTION 6: MUNICIPAL SERVICES

 

6.1

General

 

6.2

Water Supply and Distribution

 

6.3

Sewage Disposal

 

6.4

Storm Drainage

 

6.5

Transportation

SECTION 7: IMPLEMENTATION AND INTERPRETATION

 

7.1

General

 

7.2

Implementing Zoning By-law

 

7.3

Holding Zones

 

7.4

Site Plan Control

 

7.5

The Municipal Act and the Development Charges Act

 

7.6

Committee of Adjustment

 

7.7

Plans of Subdivision

 

7.8

Public Works and Capital Works Programs 7.9 Maintenance and Occupancy By-law

 

7.9

Maintenance and Occupancy By-law

 

7.10

Other Methods of Implementation

 

7.11

Existing Land Uses and Buildings

 

7.12

Non-Conforming Uses

 

7.13

Existing Lots of Record

 

7.14

Temporary Use By-laws

 

7.15

Increased Density and Height (Bonus) Provision By-laws

 

7.16

Interpretation

 

7.17

Amendment Procedures

 

7.18

Review of Official Plan Policies

 

7.19

Municipal Plan Review/One Window

 

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:

  • the addition of secondary plan policies for all Stage 1 Planning Districts (1981, 1982, 1988, 1990 and 1991);
     

  • a comprehensive policy revision with new rural land division policies (1989);
     

  • new residential policies and housing targets (1992).
     

  • the inclusion of new wetland policies and designations (1995); and
     

  • 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.
 

The Plan's purpose is to:

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;
 

b)

Articulate a comprehensive and ecologically based land use planning and growth management policy framework;
 

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;
 

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;
 

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;
 

f)

Ensure that good agricultural land is preserved and enhanced for agricultural use;
 

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;
 

h)

Establish a land use pattern that ensures a basic compatibility between and among the Town's various land uses;
 

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;
 

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;
 

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;
 

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;
 

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:

(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.
 

(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:
 

a)

Soil and drainage conditions are suitable to permit the proper siting of buildings;
 

b)

The services and utilities, whether municipal or private, can adequately accommodate the proposed development;
 

c)

The road system is adequate to accommodate projected increases in traffic;
 

d)

The land fronts on a public road which is of a reasonable standard of construction;
 

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:
 

a)

The lot coverage, setback and yard requirements prescribed for the zone in which such land, building or structure is located are complied with;
 

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
 

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:
 

i)

Portable asphalt plants must obtain a certificate of approval from the Ministry of Environment and Energy;
 

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;
 

iii)

Portable asphalt plants must be removed from the site upon completion of the public project;
 

iv)

Sites used for portable asphalt plants in the agricultural areas, will be rehabilitated to their former agricultural use.

Portable asphalt plant means a facility:
 

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
 

b)

Which is not of permanent construction, but is designed to be dismantled and moved to another location as required.

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
 

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.
 

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.
 

iii)

Residential development and/or uses will not be permitted until the site has been restored in accordance with Provincial guidelines and legislation.
 

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.

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:
 

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;
 

ii)

To allow farm operators flexibility to engage in a wide range of agricultural activities;
 

iii)

To maintain the viability of farm units by discouraging the unnecessary fragmentation of existing farms;
 

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:

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;
 

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:
 

 

a)

The proximity of the proposed operation to existing residential uses and zones;
 

 

b)

The location of the proposed operation and other existing uses with respect to the prevailing winds;
 

 

c)

Comments and recommendations of the Ministry of Agriculture and Food and the Ministry of Environment and Energy;
 

 

d)

The criteria listed in subsection 6.16 of this Plan;
 

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;
 

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;
 

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;
 

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;
 

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:
 

 

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;
 

 

b)

Waste of oil field brine must not be disposed of underground without the approval of the Ministry of Natural Resources;
 

 

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;
 

 

d)

The operation of wells shall not exceed the noise and vibration pollution standards of the Ministry of Environment and Energy;
 

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:
 

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;
 

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;
 

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:

  • making the most efficient use of municipal infrastructure and services;

  • 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;

  • 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.

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;
 

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:
 

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.
 

ii)

The regulations and zone provisions of the Town's comprehensive Zoning By-law implementing this Plan shall be in accordance with the following:
 

 

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.
 

 

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.
 

 

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.
 

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:
 

 

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;
 

 

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;
 

 

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.
 

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:
 

 

a)

There is a demonstrated need for the proposed residential development, as identified through an analysis of housing supply and demand;
 

 

b)

The density and form of the proposed new development should not adversely impact adjacent development;
 

 

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;
 

 

d)

There should be adequate school, park, and other required community facilities to serve the proposed development;
 

 

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
 

 

f)

Adequate buffering and on-site landscaping, fencing and other site design elements are utilized to protect the residential amenities of adjacent land uses.
 

v)

The following ancillary uses may be permitted in a Residential designation where, in the opinion of Council, they are deemed to be compatible:
 

 

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;
 

 

b)

Home occupation uses that are of a limited  extent and operation, and do not require the services of more than one employee;
 

 

c)

Churches, schools, and private home day care uses.
 

 

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;

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:

  • 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;
     

  • 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;
     

  • 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;
     

  • 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.
 

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.
 

viii)

Mobile homes shall not be a permitted use in the Residential designation.
 

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.
 

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.
 

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:
 

 

a)

Low Density Single-Unit Detached and Attached Dwellings

  • 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;

 

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);

 

c)

High Density Multi-Unit Dwellings

  • low-rise and mid-rise apartment buildings (3 to 10 stories in height)
     

  • apartment units located as part of a mixed-use residential/commercial building.

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;
 

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);

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.

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;
 

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;
 

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.

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;
 

ii)

The uses permitted in subsection 3.4.2(i) shall be subject to the following additional policies:
 

 

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;
 

 

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;
 

 

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;
 

 

d)

The Town's water supply and sanitary sewerage infrastructure must have sufficient capacity to accommodate the development being proposed.
 

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;
 

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.

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;
 

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;
 

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.

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:

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;
 

ii)

All development must be in accordance with the underlying land use designations. 

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:

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;
 

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:

i)

Section 4.2.2 - Community Vision;

ii)

Section4.2.3 - Community Design Strategy;

iii)

Section 4.2.4 - Greenway System Strategy,

iv)

Section 4.2.5 - Land Use Strategy;

v)

Section 4.2.6 -Municipal Servicing Strategy; and,

vi)

Section 4.2.7 - Implementation.

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

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.

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;
 

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;
 

c)

Shorter block lengths, a finer grain of block sizes, and 5 minute walking distances to neighbourhood activity centres;
 

d)

Neighbourhoods which are diverse in use and population, with a broad range of housing choices for residents with different needs and different incomes;
 

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;
 

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);
 

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;
 

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
 

i)

Goal 1: Create a Strong Community Framework
 

 

Objectives
 

 

a)

To provide strong access and visibility opportunities from the surrounding road network.
 

 

b)

To align streets, open space and view corridors to maintain, create and enhance connections to parks, woodlots and other features.
 

 

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.
 

 

d)

To establish a hierarchy of street design treatment.
 

 

e)

To provide a finer grain of block sizes and land parcels to accommodate a range of building types.
 

ii)

Goal 2: Create Mixed-Use, Walkable, Livable Neighbourhoods Objectives
 

 

a)

To establish a highly interconnected street grid that shifts to provide visibility and access to key locations.
 

 

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.
 

 

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.
 

 

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.
 

 

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.
 

 

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.
 

iii)

Goal 3: Create a Community Greenway System, and an enhanced interface with natural features
 

 

Objectives
 

 

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.
 

 

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.
 

 

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.
 

iv)

Goal 4:Create a Diverse Community Framework
 

 

Objectives
 

 

a)

To encourage a mix of lot sizes, building types and architectural styles that contribute to a diverse, attractive and coordinated streetscape image.
 

 

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.
 

 

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.

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:
 

i)

Street System
 

 

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.
 

 

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".
 

 

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.
 

ii)

Streetscape Design

The layout of streets, configuration of lots and the siting of buildings and parking areas shall ensure that:

 

a)

Buildings and structures are oriented to the street, and at intersections are massed toward the intersection;
 

 

b)

Reverse lotting is prohibited;
 

 

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;
 

 

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;
 

 

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;
 

 

f)

Lighting provides suitable illumination for vehicles, pedestrians and cyclists;
 

 

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;
 

 

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.
 

iii)

Views

 

a)

New development shall be designed to preserve, enhance and/or create views of the "greenway system" and public or other landmark buildings.
 

 

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.

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

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:
 

 

a)

Recreational;
 

 

b)

Natural Environment;
 

 

c)

Natural Corridors/Greenway Linkages;
 

 

d)

Neighbourhood Centre;
 

 

e)

Neighbourhood Park;
 

 

f)

Stormwater Management Pond;
 

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:
 

 

a)

Develop the planned off-road bikeway/multi-use trail system designated on Schedule "E";
 

 

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,
 

 

c)

Encourage the preservation and enhancement of existing hedgerows and other natural features to the greatest extent possible, and,
 

 

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.
 

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.
 

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.
 

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.
 

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.
 

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.
 

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;
 

ii)

Stormwater management facilities and related uses, with the exception of the Natural Environment designation;
 

iii)

 Fish, wildlife and conservation management uses;
 

iv)

Archaeological activities;
 

v)

Legally existing uses, buildings and structures;
 

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;
 

vii)

Non-intensive recreation uses such as nature viewing and pedestrian trail activities;
 

viii)

Home occupations and bed and breakfast establishments subject to the requirements of the Zoning By-law; and,
 

ix)

Accessory uses subject to the regulations of the Zoning By-law.

4.2.5.4  Natural Environment
 

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.
 

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
 

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.
 

ii)

Goals and Policies
 

 

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;
 

 

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";
 

 

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:
 

 

 

i)

Community Facility and Neighbourhood Parks

  • 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;
     

  • 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;
     

  • In addition, the Town will encourage the location in such areas of key community facilities particularly:

    - elementary and secondary schools;
    - places of worship;
    - community centres; and,
    - other similar public or nonprofit uses.
     

  • 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;
     

  • 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.

 

 

ii)

Neighbourhood Centre

  • 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;
     

  • 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;
     

  • 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;
     

  • 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;
     

  • 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;
     

  • 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;

 

 

iii)

Stormwater Management Facility

  • 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;
     

  • 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;
     

  • 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;
     

  • 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;

 

 

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
 

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.
 

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.
 

iii)

Policies

The following policies shall apply to those lands designated "LaSalle Recreational Complex District" on Schedule "B-4"
 

 

a)

The lands designated "LaSalle Recreational Complex District" shall be used for:
 

 

 

i)

A broad range of indoor and outdoor recreational facilities such as ice rinks, community centres, aquatics centre, soccer pitches, and baseball diamonds;
 

 

 

ii)

Active and passive parkland;
 

 

 

iii)

Support services for the park and recreation facilities including offices, greenhouses, and a municipal tree nursery;
 

 

 

iv)

Complementary commercial and nonprofit uses and facilities such as day care centres, sports and training clinics, restaurants, and medical facilities;
 

 

 

v)

Other municipal or non-profit facilities such as libraries, arts and cultural centres, and if required fire, police and other civic departments;
 

 

 

vi)

Accessory uses.
 

 

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.
 

 

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.
 

 

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
 

i)

 

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.
 

ii)

 

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:
 

 

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,
 

 

b)

Strengthen the economic viability of the Municipality, by increasing and diversifying the range of businesses that currently exist in the Town of LaSalle.
 

iii)

 

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":
 

 

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:

  • 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";
     

  • 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
 

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.
 

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.
 

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:
 

 

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.
 

 

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;
 

 

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:

  • 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;
     

  • 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;
     

  • the street, site plan and building fabric should provide a scale and pattern of development that supports pedestrian activity between grade level activities;
     

  • 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;
     

  • 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;
     

  • no open storage is permitted within the Town Centre district;
     

  • 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,
     

  • 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.

4.2.5.9  Natural Corridor/Greenway Linkage
 

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".
 

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.
 

iii)

Policies

The following policies shall apply to those lands designated "Natural Corridor/Greenway Linkage" on Schedules "B-4" and "B-5":
 

 

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";
 

 

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;
 

 

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;
 

 

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;
 

 

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

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.

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:
 

i)

Water supply and distribution;
 

ii)

Sewage disposal;
 

iii)

Storm drainage; and,
 

iv)

Transportation.

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
 

 

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.
 

 

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
 

 

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:
 

 

 

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.
 

 

 

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.
 

 

 

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.
 

 

4.2.6.6.4

Minimum Road Allowance Widths

The Town shall require the following minimum road allowance widths, by roadway type:
 

 

 

i)

Arterial Roads - 33 to 36 metres
 

 

 

ii)

Neighbourhood Parkways - 26.5 to 30 metres
 

 

 

iii)

Neighbourhood Connectors - 22.5 to 26 metres
 

 

 

iv)

Local Road - 17 to 20 metres 4.2.7 Implementation
 

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

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:
 

 

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;
 

 

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,
 

 

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;
 

 

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.
 

ii)

Development shall only proceed when the criteria in Section 4.2.7.2 i) and the following additional criteria are satisfied:
 

 

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.
 

 

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.
 

 

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.
 

 

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.

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:

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;
 

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;
 

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;
 

d)

Consents will be granted only when it has been established that soil and drainage conditions for all parcels involved are suitable:
 

 

i)

To permit the proper siting of any permitted building or structure;
 

 

ii)

To obtain a sufficient and potable water supply, where no municipal piped water supply exists;
 

 

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;
 

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;
 

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;
 

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;
 

h)

Consents may also be permitted to create an easement or right-of-way provided all other applicable policies of this Plan are maintained;
 

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;
 

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:
 

 

i)

That all realty and business taxes be paid in full;
 

 

ii)

That a land development charge is paid to the Town in accordance with the Council approved Ontario Land Development Charges By-law;
 

 

iii)

That a parkland dedication, or alternatively, a cash-in-lieu of parkland dedication contribution is made to the Town;
 

 

iv)

That any road widening required be dedicated to the Town, county or provincial agency having jurisdiction over the road affected;
 

 

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;
 

 

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:
 

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:
 

 

1.

Division of Farm Lots

A consent may be granted to permit a farm lot to be divided into two farm lots provided:
 

 

 

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;
 

 

 

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.
 

 

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:
 

 

 

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);
 

 

 

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;
 

 

 

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;
 

 

 

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;
 

 

 

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;
 

 

 

vi)

The requirements of the Minimum Distance Separation (MDS) I shall be applied to the severing of a surplus house.
 

 

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:
 

 

 

i)

The applicant is at least 55 years in age and is retiring from farming;
 

 

 

ii)

The applicant has not already received a retirement lot with the Town of LaSalle or any other municipality ;
 

 

 

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;
 

 

 

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;
 

 

 

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;
 

 

 

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;
 

 

 

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;
 

 

 

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;
 

 

 

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;
     

  • 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.

b)

 

 

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;
 

c)

 

 

Consents may also be granted to allow the establishment of other permitted uses as set out in subsection 3.2 of this Plan;
 

d)

 

 

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:
 

 

 

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;
 

 

 

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;
 

 

 

iii)

The lot to be severed and the lot to be retained shall both:

  • have frontage on a publicly-owned and maintained road;
     

  • have a separate on-site sewage disposal system that meets the local health unit's minimum standards;
     

  • have an adequate water supply to the satisfaction of the municipality;
     

  • comply with the requirements of the Minimum Distance Separation (MDS) I; and
     

  • comply with the applicable requirements contained in the implementing Zoning By-law.

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:
 

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;
 

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.

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:
 

a)

Adequate sanitary sewage transmission and treatment capacity; and
 

b)

Adequate water supply in respect to flows and pressures.

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:
 

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;
 

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.

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:
 

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;
 

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.
 

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;
 

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.

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:
 

a)

All new development shall be provided with adequate storm drainage facilities connected to storm sewers, drains or watercourses;
 

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;

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;
 

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;
 

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;
 

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;
 

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;
 

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;
 

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.

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:
 

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;
 

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;
 

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);
 

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".
 

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;
 

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;
 

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;
 

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.
 

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:
 

a)

To ensure a high standard of site design for new development;
 

b)

To ensure safety and efficiency of vehicular and pedestrian access;
 

c)

To minimize incompatibilities between new and existing development;
 

d)

To control the location of driveways, parking, loading and garbage collection facilities;
 

e)

To secure easements or grading and alterations necessary to provide for public utilities and site drainage;
 

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:
 

a)

The physical conditions of yards and passageways;
 

b)

The adequacy of sanitation including drainage and garbage;
 

c)

The physical condition of all structures with particular regard to the following:
 

 

i)

Structural standards

 

ii)

Lights and ventilation

 

iii)

Condition of stairs

 

iv)

Interior walls, ceilings and floors

 

v)

Toilet facilities

 

vi)

Condition of chimneys

 

vii)

Heating systems

 

viii)

Electrical service

 

ix)

Access.

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:
 

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;
 

b)

The assistance and advice of the Essex Region Conservation Authority on adequate flood protection and conservation measures;
 

c)

The acquisition of significant natural areas by public or private bodies or individuals concerned with conservation;
 

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.

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:
 

a)

The buildings lawfully existed prior to the date of adoption of this Plan;
 

b)

The use to be permitted does not interfere with the desirable development or enjoyment of neighbouring properties;
 

c)

The use does not constitute a danger to surrounding uses and persons because of its hazardous nature or traffic generated; and
 

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:
 

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;
 

b)

That the proposed extension or enlargement shall be in an appropriate proportion to the size of the non-conforming use;
 

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;
 

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;
 

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.;
 

f)

That adequate provisions have been, or will be made for off-street parking and loading facilities;
 

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:
 

a)

The proposed use is in conformity with the Town's comprehensive Zoning By-law;
 

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;
 

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;
 

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;
 

e)

The development is in compliance with the Minimum Distance Separation (MDS) I and 11;
 

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.

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:
 

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;
 

b)

The proposed use shall not be incompatible with adjacent land uses and the character of the surrounding area;
 

c)

The proposed use shall be properly serviced and not require the extension or expansion of existing municipal services;
 

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;
 

e)

Parking facilities required by the proposed use shall be provided entirely on-site; and
 

f)

The proposed use shall generally be beneficial to the surrounding area or the community-at large.

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:

  • The temporary use is determined to not have any detrimental effect upon the existing land uses in the area; and the
     

  • 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

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;
 

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;
 

c)

Address the matters to be dealt with in the agreement;
 

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.

In determining appropriate sets of bonus standards to be awarded, Council will ensure that:

  • The extent of the increase in height or density is compatible with adjacent development;
     

  • The bonus density and height proposed conforms to the Town's Official Plan;
     

  • The conditions to be met are realistic in terms of marketability, general economics and the needs of the Town of LaSalle;
     

  • 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:
 

a)

The physical suitability of the land to be used for the proposed use;
 

b)

The adequacy of all required services;
 

c)

The adequacy of the road system to accommodate the projected traffic volume increases;
 

d)

The compatibility of the proposed use with existing and potential future uses in the surrounding area; and
 

e)

The need for the additional land to accommodate the proposed use/facilities.

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:
 

a)

Document the type and location of new development that occurred during the preceding 5 year period;
 

b)

Project the nature of new development that can be expected during the subsequent 5 year period;
 

c)

Review the continued appropriateness of the Plan's goals, policies and designations;
 

d)

Formulate revised or new goals, policies and designated land use.

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)

 

Department of Planning and Development Services
5950 Malden Road
LaSalle, Ontario
N9H 1S4
Phone: 519-969-7770  Fax: 519-969-9852
 

Last updated April 03, 2009.  For questions or comments regarding this site email: webmaster@town.lasalle.on.ca