The proposed location of the new Legacy Lane development is delineated in red (Image: Town of Huntsville)
The proposed location of the new Legacy Lane development is delineated in red (Image: Town of Huntsville)

Legacy Lane development seeking height exemption, staff request visual impact renderings

A proposed new development on Legacy Lane at one of Huntsville’s highest vantage points is seeking a height exemption for one of its buildings from three storeys and 11 metres to four storeys and 14 metres.

Elizabeth Reimer, senior planner with the Town of Huntsville, noted in her report to Huntsville’s Planning Committee that the proposal involves the construction of a four-storey multiple residential building, townhouses and semi-detached dwellings to be constructed on a currently vacant property surrounded by mature deciduous trees. A townhouse development exists to the south with another in the approvals process which would be located to the southeast. Two multiple-residential retirement living developments by Chartwell are nearby, one that is three storeys in height and another that is four storeys.

She also noted that the existing Chartwell developments “can be viewed from multiple vantage points in the urban area, including Highway 11 and King William Street.”

Her report was presented to committee for information only, as staff have requested a visual representation of the height of the four-storey building for committee’s consideration.

Local planner Wayne Simpson clarified the request on behalf of the proponent at the Planning Committee’s July 11 meeting.

“We are confident we can prepare visual information to demonstrate that this building will be suitably sited even at 14 metres in height,” Simpson told committee. “Just by way of reference, this particular building location is actually at least a minimum three metres below the Chartwell elevation where it starts, and the wall of the Chartwell building facing the proposed building is four storeys high… It will have underground parking but the height of this building will not exceed the Chartwell building and indeed may be less.

“The finished height of this building, the roofline, would be equivalent to the ground floor level of the Vernon View building. So we are starting at lower elevation basically in a hole and building it up so we won’t exceed Chartwell’s height and certainly are no comparison to Vernon View. So we’ll prepare some visual evidence to demonstrate that.”

(See photos and a sketch of the site below.)

But Simpson added that he’s pleased to have the deferral because there is a roadway matter stemming from comments made by District of Muskoka staff that needs to be addressed.

In its comments, the District wrote that “the standard easement width required for common element condominium roads containing in-ground municipal services is now 12.0 metres.”

But Simpson said that the nearby developments have proceeded with roads that fall below that standard.

“For clarification I asked if that meant the common elements corporation actually had to own the whole 12-metre width or if it could be similar to what happened in the Serenity Place development nearby with Devonleigh where the roadway is 6.4 metres wide and then there is another six metres, three metres on each side, as part of the total width,” he said. “The District has come back and said, no, they want the entire 12 metres to be part of the common elements corporation land. So that sort of plays havoc with the whole project to some extent. We have to now look at setbacks that are three metres further set into where the development is.”

He added that the requirement would have a “profound impact on the development” because the proposed location of the buildings would have to be moved back by three metres to accommodate parking space that is not part of the common elements. “We’re not quite sure how many units would be lost, how the whole thing could be structured, what the zoning amendments we would have to request of the municipality will be. Quite frankly I think the District is making a grievous error in enforcing this standard. The Devonleigh development could not have taken place if this was the requirement in that instance.”

The Town’s Manager of Development Process, Kirstin Maxwell, said she learned in an email exchange with District that “there is a minimum requirement road width for transportation safety for building code and fire access, but then the District is also looking at what the width of the roadway needs to be so that they can have water and sewer services and be able to access those services without blocking across the entire width of the road…so if the road is only six metres wide and they are digging up a significant portion of it then they wouldn’t be able to access through that area.”

To which Councillor Jason FitzGerald quipped that it would be “cheaper to dig up front yards than it would be the road.”

Simpson added, “We don’t disagree with the District in terms of the total width of the right of way and where they would choose to locate services. It’s really a matter of who owns what… Any servicing that’s outside the paved road area is usually accommodated by easements and that gives the District the right to be able to maintain them as well. So it’s really more of where do we draw the property line and what are the implications when we draw those lines in different locations.”

He said that they would continue discussions with both the District and with Town staff and councillors, and in the meantime would prepare visual evidence to satisfy the committee’s concern about the height of the four-storey building.

The roadway discussion led to questions from committee members about traffic in the area. Legacy Lane meets Centre Street North across from the commercial area that houses a Tim Hortons, a gas station, Home Depot, and a car dealership.

Councillor Jonathan Wiebe noted that “one thing that has been a concern in that area has been traffic. There’s nothing in the notes thus far about how the increasing level of density for those lots, how it will practically affect traffic at that intersection.”

But Reimer said that none of the commenting agencies have asked for a traffic study.

Deputy Mayor Karin Terziano wondered why “there’s no consideration to punch a road out down into the Kinton Avenue area to alleviate traffic down there.”

Simpson replied that he didn’t have the history on the possibility of a Kinton Avenue extension but that it may be related to the grade. Regarding traffic, he added, “I know the traffic study that was done for the whole of this property before anticipated about 60 units in the area and that’s what we’re looking at now is a maximum of 60 units… But I agree where Legacy Lane meets Centre Street there’s a lot of turning movements there.”

He said he would follow up on a possible connection to Kinton Avenue.

The proposed location of the new Legacy Lane development (Photo: Town of Huntsville)

The proposed location of the new Legacy Lane development is adjacent to existing buildings and is in an area that was cleared of trees by the previous owner. (Photo: Town of Huntsville)

The proposed development location (Photo: Town of Huntsville)

The proposed development location (Photo: Town of Huntsville)

There are other, existing developments nearby (Photo: Town of Huntsville)

There are other, existing developments nearby (Photo: Town of Huntsville)

A sketch of the proposed development on Legacy Lane shows the locations of the four-storey building, townhomes and semi-detached homes (all on the left of the sketch) and existing buildings on the site to the right (Image via Huntsville Planning Committee agenda)

A sketch of the proposed development on Legacy Lane shows the locations of the four-storey building, townhomes and semi-detached homes (all on the left of the sketch) and existing buildings on the site to the right (Image via Huntsville Planning Committee agenda)

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8 Comments

  1. Ken Sharer says:

    As a previous resident on Serenity Place Cr., Michael is spot on with his comments, particularly with regard to the narrow street width.

  2. Rob Millman says:

    Don’t sugar-coat it, Bill: say exactly what you mean. And to make matters worse, the extra storey was granted to the initial building in the development; and to this day, it’s an eyesore from Highway 11. Also, did anybody notice the adjective “deciduous”? This spring/summer abstract might look fine, but for more than 1/2 the year “the Emperor will be almost naked”.
    .
    Even though some Town staff feel that traffic isn’t a concern if “none of the commenting agencies have (sic, has) asked for a traffic study; that doesn’t remove the responsibility to do a professional job. Access should be from Centre St.; egress should be to Kinton Rd. Egress from both Jason Armstrong and Tim Horton’s should be to the north to meet the road east to Hanes Rd. A pedestrian crossing may be warranted west of the development access as well. (I believe that one senior = two people for the purpose of meeting the warrant.)

  3. Bill Beatty says:

    There was a major exemption given here over decade ago through some clever planning, despite the request for delay when 4 Council Members were known to be absent and opposed.There were regrets…. Don’t let it happen again Mayor Scott and Councillor Thompson !

  4. Ron Darrach says:

    It’s time our local government takes a good look at height restrictions and density .protect the local property owners and towns people from over development .and it is a election year

  5. Gail Orr says:

    Access through Kinton St. should be mandatory. That much density needs more than one way of egress.

  6. Michael Lowe says:

    As a resident of Serenity Place Cres I can tell you that the traffic at the corner of Legacy Lane and Cente Steet is becoming a major problem. Especially with the street coming down from the commercial businesses across from Legacy Lane. Centre Street traffic is also increasing with truckers, and others, from number 11 Hwy using Tom Horton’s for their coffee stop.

    This intersection will eventually become totally unworkable. Alternatives have to be found if additional residences are placed in the Legacy Lane area.

    In addition, narrow streets, like Serenity Place Cres., should never be allowed. This restriction for maintenance, traffic flow, emergency vehicles, and parking is dangerous and unsuitable for any building complex. That this was allowed shows terrible town planning.

    This whole area of Huntsville needs a very detailed plan overall as the development that is taking place could turn into a colossal nightmare over time if not careful consideration of the complete location is not properly studied. It appears at the moment that it is a developers wonderland with too little insight from town planners. Green space needs to be given serious consideration while layering in residential and business construction. The topography of the area is a problem as well being on top of a hill.

    The Town needs to think this one through very carefully and not get all excited about the additional tax dollars.

    This combining of residential and commercial in such a small part of Huntsville will become a permanent stain on the town over time if not plannned properly. What could be a wonderful residential area is being turned into a mess.

    Michael Lowe

  7. Doug Hopson says:

    We know how this goes, 3 storey maximum……… Unless you get an exception. Then the next complex erected will identify that this project went 4 stories, and ask for permission to go 5……. And they get an exception and carry on. It’s never enough, developers want to develop as many units as possible. No matter location, traffic or obstruction. Move on.

  8. Ian Gibbard says:

    A development with this many residences should proceed only as a plan of subdivision and only from Kinton Avenue as Legacy Lane should be reconstructed and become a Town road as it is overburdened now with access to Centre Street a challenge most of the day with busses and PSW workers going to the existing residents.
    I am not opposed to development, but I am opposed to poor Planning and inadequate conditions placed on them such as sidewalks and visitor parking and narrow roads that don’t exit without putting one’s safety at risk.