Ontario Limited. Planning Justification Report. Zoning By-Law Amendment. 177 Cross Avenue Town of Oakville. October, 2012.

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1 Ontario Limited Zoning By-Law Amendment Planning Justification Report 177 Cross Avenue Town of Oakville October, 2012 Prepared For: Prepared By:

2 PLANNING JUSTIFICATION REPORT Proposed Zoning By-Law Amendment Ontario Limited 177 Cross Avenue Town of Oakville Introduction Korsiak & Company has been retained by Ontario Limited c/o Salmona Tregunno Inc. to assist in obtaining the necessary planning approvals to allow for the redevelopment of lands located in Oakville s Midtown Core. The lands are located on the northwest corner of Cross Avenue and Argus Road and are proposed to be redeveloped with four mixed use buildings Ontario Limited has also retained the assistance of additional specialized consultants. The following reports have been prepared under separate cover in support of the development proposal: Traffic Impact Study HDR Noise and Vibration Study Swallow Acoustics Functional Servicing Report Flora Designs Inc. and addendum by MGM Consulting Phase I & II Environmental Site AME Environmental Assessment Urban Design Brief Salmona Tregunno Inc. and Allied Architects Planning Justification Report Ontario Limited 1

3 Purpose of Report The purpose of this planning justification report is to outline the nature of the proposed development and to evaluate the proposal in the context of the policies of the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe, the Region of Halton Official Plan, and the Oakville Official Plan. Site Description The property is generally located on the northwest corner of Cross Avenue and Argus Road as shown on Figure 1 Location Map. The site has an area of approximately 1.01 hectares (2.5 acres) with a frontage of approximately 96m along Cross Avenue and approximately 129m along Argus Road. There are currently four one storey commercial buildings on the site as shown on Figure 2 Context Map. The property is flat, primarily consisting of buildings and asphalt surface parking and has no significant vegetation. Surrounding Land Uses As shown on Figure 1 Location Map, the lands surrounding the site are fully developed and are primarily occupied with retail and office uses. The area on the south side of Cross Avenue is occupied by the Oakville GO Transit Terminal and the Oakville VIA Rail Station. The terminal and station are located adjacent to the rail tracks and the area between the tracks and Cross Avenue is occupied by a large surface parking lot and bus bays associated with the GO and VIA Stations. Development Proposal Ontario Limited is proposing to demolish the existing buildings and redevelop the site with four towers, all of which are to be placed on a podium consisting of one level of retail commercial and one level of office uses. As shown on Figure 3 Site Plan, above the two storey podium are four residential towers, proposed at various heights. Tower A is proposed as a 20 storey building (22 total), Tower B, a 12 storey Planning Justification Report Ontario Limited 2

4 QEW SOUTH SERVICE ROAD HOME DEPOT RETAIL SIXTEEN MILE CREEK CROSS AVENUE SUBJECT SITE ARGUS ROAD AUTOMOTIVE DEALERSHIP TRAFALGAR ROAD GO STATION PARKING GO STATION PARKING GO STATION PARKING CN RAIL OAKVILLE GO STATION Figure 1 Location

5 HOTEL SOUTH SERVICE ROAD RETAIL OFFICE RETAIL ARGUS ROAD AUTOMOTIVE DEALERSHIP RETAIL RETAIL/ OFFICE SUBJECT SITE RETAIL CROSS AVENUE GO STATION PARKING GO STATION PARKING GO STATION PARKING Figure 2 Context

6 Figure 3 Site Plan

7 building (14 total), Tower C, an 8 storey building (10 total) and Tower D, a 16 storey building (18 total). The proposed buildings along Cross Avenue (Towers B and C) have been designed to present an active and attractive face to the street (See Elevation Below). Tower D has been similarly designed to address the streetscape of Argus Road. Tower A (20 storeys) consists of residential uses and is situated in the northwest corner of the site. The proposed development has a total of 552 residential units within 44,640 square metres of gross floor area. The proposed commercial/office area within the building podiums is 7000 square metres. The proposed development has a total of 570 parking spaces, 495 underground spaces (12 barrier free) and 75 surface parking spaces (4 barrier free). Policy Framework Provincial Policy Statement The Provincial Policy Statement (PPS) contains policies relating to the management and direction of land uses to achieve efficient development and land use patterns. Section states: Planning Justification Report Ontario Limited 3

8 Healthy, livable and safe communities are sustained by: b) accommodating an appropriate range and mix of residential, employment (including industrial, commercial, and institutional uses), recreational and open space uses to meet long-term needs ; Sufficient land shall be made available through intensification and redevelopment and, if necessary, designated growth areas, to accommodate an appropriate range and mix of employment opportunities, housing and other land uses to meet projected needs for a time horizon of up to 20 years. However, where an alternate time period has been established for specific areas of the Province as a result of a provincial planning exercise or a provincial plan, that time frame may be used for municipalities within the area. Policies in the Settlement Areas section states: Settlement areas shall be the focus of growth ; Land use patterns within settlement areas shall be based on: a) densities and a mix of land uses which: 1. efficiently use land and resources; 2. are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion. Policies in the Public Spaces, Parks and Open Space section state: Healthy, active communities should be promoted by: a) planning public streets, spaces and facilities to be safe, meet the needs of pedestrians, and facilitate pedestrian and non-motorized movement, including but not limited to, walking and cycling; Planning Justification Report Ontario Limited 4

9 The proposed development conforms to the PPS by providing a mix of uses that will make very efficient use of existing and planned infrastructure. The proposed development encourages redevelopment and intensification of the area and contributes to the goal to promote healthy, active communities. Open space areas are provided within the proposed development for the enjoyment of both residents and visitors. Growth Plan for the Greater Golden Horseshoe The Growth Plan for the Greater Golden Horseshoe builds on other provincial initiatives, such as the PPS, and is intended to guide decisions on growth related matters including transportation, infrastructure planning, land-use planning, urban form, housing, natural heritage and resource protection. Within the Growth Plan for the Greater Golden Horseshoe, Midtown Oakville has been designated as an Urban Growth Centre as shown on Figure 4 Schedule 4 Urban Growth Centres. Figure 4 Schedule 4 Urban Growth Centres Section 2 Where and How to Grow states: Population and employment growth will be accommodated by: Planning Justification Report Ontario Limited 5

10 a) directing a significant portion of new growth to the built-up areas of the community through intensification; b) focusing intensification in intensification areas; Urban Growth Centers will be planned to achieve, by 2031 or earlier, a minimum gross density target of: b) 200 residents and jobs combined per hectare for the Midtown Oakville urban growth centre; Major transit station areas and intensification corridors will be designated in official plans and planned to achieve: a) increased residential and employment densities that support and ensure the viability of existing and planned transit service levels; b) a mix of residential, office, institutional, and commercial development wherever appropriate. The proposed development conforms to the Growth Plan for the Greater Golden Horseshoe by focusing intensification in an identified Urban Growth Centre. The proposed intensification helps to achieve the target density of 200 residents and jobs per hectare, while supporting existing and planned transit infrastructure and provides a mix of residential and commercial uses. Region of Halton Official Plan The subject lands are designated as being within a Primary Node as shown on Figure 5 Map 1 The Regional Structure. Policies governing this designation direct intensification, redevelopment and future growth to these areas. Policies in the Urban Area section state: 73(2) To identify an urban structure that supports the development of Nodes and strategically located mixed-use corridors. Planning Justification Report Ontario Limited 6

11 HWY 6 QEW TWISS RD THIRD LINE EIGHTH LINE TRAFALGAR RD FOURTH LINE BRONTE RD BURLOAK DR YAGAWA VD REG RD 25 FIRST LINE SIXTH LINE TH LINE FOURTH LINE NINTH LINE WINSTON CHURCHILL BLVD EIGHTH LINE TRAFALGAR RD FOURTH LINE Proposed SIXTH LINE FIFTH LINE SIXTH LINE H LINE GHTH LINE RAFALGAR RD SIXTH LINE FIFTH LINE FOURTH LINE THIRD LINE EIGHTH LINE TRAFALGAR RD NEYAGAWA BLVD THIRD LINE kilometres The Urban System Urban Area Primary Node Parkway Belt Area The Rural System WELLINGTON COUNTY CITY OF HAMILTON Escarpment Protection Area Escarpment Rural Area D ROUGH LINE 10 SIDE RD Campbellville DUNDAS ST 3 SIDE RD 5 SIDE RD HWY 401 DUBLIN LINE REG RD SIDE RD Proposed James Snow Parkway OAKVILLE STEELES AVE HWY SIDE RD INSTON CHURCHILL BLVD AMD25-D3 HWY 403 WINSTON CHURCHILL BLVD BURLOAK DR!( The Greenlands System Other Areas * D18 QEW D23 Agricultural Rural Area Hamlet Mineral Resource Extraction Area Halton Waste Management Site Environmental Sensitive Area Escarpment Natural Area Greenlands A Greenlands B Regional Waterfront Park HWY 403 HAMILTON HARBOUR AMD25-D4 Niagara Escarpment Plan Area Parkway Belt West Plan Area * Milton West Special Study Area Ninth Line Corridor Policy Area North Aldershot Policy Area Area Eligible for Urban Services WATERDOWN RD PLAINS RD CITY OF HAMILTON BRONTE RD D21 KING RD D11 Kilbride CEDAR SPRINGS RD MCNIVEN RD STEELES AVE 2 SIDE RD SPEERS RD REBECCA ST UPPER MIDDLE RD 8 SIDE RD BURLINGTON COLLING RD ETR SIDE RD 1 SIDE RD LAKESHORE RD BRONTE ST DORVAL DR LOWER BASE LINE LOWER BASE LINE OAKVILLE KERR ST ETR BRANT ST D22 R15 BURLINGTON BEACH WATERFRONT PARK GUELPH LINE Lowville Mount Nemo WALKER'S LINE UPPER MIDDLE RD WALKER'S LINE APPLEBY LINE 14 SIDE RD DUNDAS ST FAIRVIEW ST DERRY RD APPLEBY LINE BELL SCHOOL LINE 2 SIDE RD MAINWAY MAIN ST QEW BURLOAK WATERFRONT PARK TREMAINE RD MILTON DUNDAS ST NEW ST REBECCA ST ONTARIO ST SPEERS RD BRONTE HARBOUR WATERFRONT PARK THOMPSON RD UPPER MIDDLE RD James Snow Parkway DORVAL DR D2 KERR ST DERRY RD BRITANNIA RD ETR 407 BURNHAMTHORPE RD LAKESHORE RD LAKE ONTARIO REGION OF PEEL D12 D5 AMD25-D3 Con. II N.D.S. Con. I N.D.S HWY 403 SUBJECT SITE Con. I S.D.S. Con. II S.D.S. Con. III S.D.S. LAKESHORE RD D2 Figure 5 Office Consolidation: October 6, Map 1 - The Regional Structure C S

12 Policies within the Nodes and Corridors section states: 79. Nodes and Corridors are areas designated in Regional and/or Local Official Plans that exhibit or will exhibit the following characteristics: 79(1) presence of both residential and employment lands that would allow residents to live and work within the Node or along the designated Corridor, 79(2) an appropriate mix of various land uses without a single dominant land use or form, 79(3) an urban design that favors pedestrian traffic and public transit over the private automobile, 79(4) their strategic location on the inter-municipal/inter-regional rapid transit network; 81(1) Direct development with higher densities and mix uses to Nodes and Corridors The proposed development conforms to the Region of Halton Official Plan by focusing intensification and higher densities within this Primary Node. The proposed development incorporates a mix of uses that support and promote walking, cycling, and transit use while making efficient use of existing and proposed services. New Region of Halton Official Plan ROPA 38 While ROPA 38 has been appealed and is not in effect, it is useful to consider the development proposal in the context of the proposed new policies. The subject lands are designated Urban Area and fall within the Urban Growth Centre and Major Transit Station designation on Figure 6 Map 1 Regional Structure. Similar to the current Halton Official Plan, policies governing this designation direct intensification, Planning Justification Report Ontario Limited 7

13 Burloak Dr Third Line Tr!0" Waterfront Park (See Map 2)!P!R Major Transit Station Proposed Major Transit Station Rail Line Proposed Major Arterial Major Road Provincial Freeway Lot and Concession Line Municipal Boundary Urban Area Hamlet Agricultural Rural Area Regional Natural Heritage System Regional Natural Heritage System Overlay Greenbelt Plan Policy Area Greenbelt Natural Heritage System Mineral Resource Extraction Area North Aldershot Policy Area Ninth Line Corridor Policy Area Greenbelt Plan Protected Countryside Boundary Dundas St Niagara Escarpment Plan Boundary Parkway Belt West Plan Boundary Built Boundary Employment Area Urban Growth Centre Area Eligible for Urban Servicing Halton Waste Management Site Trafalgar Road Upper Middle Rd Ford Dr %Ó%Î Bronte Rd SUBJECT SITE Rebecca St Lake Ontario Figure 6 ROPA 38 - Map 1 - The Regional Structure

14 redevelopment and future growth in key areas within and adjacent to Major Transit Stations. The objectives of the Urban Area are: 72(1) To accommodate growth in accordance with the Region s desire to improve and maintain regional unity, retain local community identity, create healthy communities, promote economic prosperity, maintain a high quality, sustainable natural environment and preserve certain landscapes permanently; 72(3) To provide a range of identifiable, interconnected and complete communities of various sizes, types and characters, which afford maximum choices for residence, work and leisure; 72(6) To identify an urban structure that supports the development of Intensification Areas; 72(7) To plan and invest for a balance of jobs and housing in communities across the Region to reduce the need for long distance commuting and to increase the modal share for transit and active transportation; 72(9) To facilitate and promote intensification and increased densities; The proposed development conforms to the Urban Area polices of ROPA 38 as it will contribute to growth in the area while providing a balance of employment and residential uses. Through intensification and increased densities the development reduces the need for driving as it is located within walking distance to the Oakville GO terminal, Oakville Bus Terminal, and Via Rail Station. Policies for Intensification Areas set the following objectives: Planning Justification Report Ontario Limited 8

15 78(4) To provide a diverse and compatible mix of land uses, including residential and employment uses to support neighbourhoods; 78(6) To cumulatively attract a significant portion of population and employment growth; 78(9) To generally achieve higher densities than the surrounding areas; 78(11) For Major Transit Station Areas and Intensification Corridors: a) To achieve increased residential and employment densities in order to ensure the viability of existing and planned transit infrastructure and service. b) To achieve a mix of residential, office, institutional and commercial development, where appropriate. The proposed development conforms to the Intensification Area Policies as it incorporates a mix of uses, achieves higher densities through intensification and supports existing and planned transit infrastructure and services. Urban Growth Centres are to the primary focus of growth, density and major transit infrastructure. The objectives of Urban Growth Centres are: 81.1(1) To serve as focal areas for investment in institutional and regionwide public services, as well as commercial, recreational, cultural and entertainment uses; 81.1(2) To accommodate and support major transit infrastructure; 81.1(3) To serve as high density major employment centres that will attract provincially, nationally or internationally significant employment uses; 81.1(4) To accommodate a significant share of population and employment growth; Planning Justification Report Ontario Limited 9

16 81.2 The Urban Growth Centres are parts of Intensification Areas, which in turn are parts of the Urban Area and therefore are subject to the objectives and policies for both Intensification Areas and the Urban Area. The boundaries of the Urban Growth Centres as shown on Map 1 are to be interpreted in accordance with Section 52 of this Plan; 81.3 It is the policy of the Region to: 81.3(2) Require Urban Growth Centres to achieve a minimum development density target of 200 residents and jobs combined per gross hectare by 2031 or earlier; The proposed development conforms to the Urban Growth Centre policies of ROPA 38 as it will support the adjacent major transit infrastructure, accommodate population, employment growth and also assist in achieving the overall target development density of at least 200 residents and jobs per hectare by Livable Oakville Official Plan The subject lands are designated Growth Area as shown on Figure 7 South East Land Use Plan. The proposed development is subject to the Oakville Midtown Core policies within Part E: Growth Areas, Special Policy Areas and Exceptions of the Official Plan. The goal for Midtown Oakville is to create a vibrant, transit-supportive, mixed use urban community and employment area. The Midtown Oakville policies are intended to guide the development and intensification of the area. Policies supporting the development include: To create transit-supportive development by: a) ensuring the entire area is developed as a pedestrianoriented environment focused on access to, and from transit; Planning Justification Report Ontario Limited 10

17 SUBJECT SITE May 10, 2011 Figure 7 Schedule G - South East Land Use Map

18 b) improving internal road circulation and connections to, and through, Midtown Oakville for public transit, pedestrians, cyclists and vehicles; and, c) promoting a compact urban form with higher density and higher intensity land uses; To create a vibrant and complete new community by: a) providing a mix of residential, commercial, employment, civic, institutional, cultural and recreational uses, complemented by public open spaces and public art, to attract different users throughout the day; To achieve required growth targets by: a) promoting the evolution of Midtown Oakville as an urban growth centre and the Town s primary Growth Area; b) ensuring a minimum gross density of 200 residents and jobs combined per hectare a combined total of approximately 20,000 residents and jobs by 2031 in accordance with the Growth Plan; c) providing opportunities for increased building height through bonusing. The proposed development is consistent with these policies as it contributes to the evolution of the Midtown Core Area as an Urban Growth Centre through a mix of uses, higher densities and pedestrian oriented design that is strongly transit supportive. As shown on Figure 8 Schedule L1 Midtown Oakville Land Use, the property falls within the Lyons District of Midtown Oakville and is designated Urban Centre and Planning Justification Report Ontario Limited 11

19 SUBJECT SITE May 10, 2011 Figure 8 Schedule A-1 - Midtown Oakville Land Use

20 Urban Core. Permitted uses in the Urban Centre and Urban Core designation include: / A wide range of retail and service commercial uses, including restaurants, offices and residential uses may be permitted in the Urban Centre/Urban Core designation. Retail and service commercial uses are to be provided on the ground floor. These uses may also extend to other floors. Entertainment facilities and hotels may also be permitted. Office uses and ancillary residential uses may be provided on the ground floor and/or above the ground floor. The proposed residential and commercial uses conform to the permitted uses in Livable Oakville. Policies for Lyons District include: The Lyons District shall evolve from its current focus on strip malls and large format retail uses into a compact mixed use neighbourhood. Cross Avenue is intended to be an attractive central spine animated by at-grade retail uses, cohesive streetscapes and open spaces that enhance the experience of the public realm. Taller residential buildings shall be located in the vicinity of Sixteen Mile Creek and the railway. The proposed redevelopment entails the demolition of the existing strip mall format, one storey buildings and their replacement with much denser and compact mixed use buildings. At grade retail uses are proposed along Cross Avenue in a manner consistent with the objectives for Lyons District. Planning Justification Report Ontario Limited 12

21 The permitted building heights for the associated areas of the Midtown Oakville Core are provided on Figure 9 Schedule L2 Midtown Oakville Building Heights. Within the Urban Centre designation, the Official Plan permits the development of 6-12 storey buildings and within the Urban Core designation the Official Plan permits the development of 8-20 storey buildings. Livable Oakville does not specify a maximum density for this area. Livable Oakville also includes bonusing policies, which allow for an increase in building height without an amendment to the plan. The Bonusing policies state: Bonusing a) The Town may allow increases in building height in the areas of Midtown Oakville delineated on Schedule L2, without amendment to this Plan, in exchange for the provision of public benefits as listed in section , and with priority given those public benefits in section c). b) Bonusing shall only be permitted if: i. In conformity with section ; and, ii. Supported by a transportation impact analysis which confirms that the additional development with not adversely impact the transportation network or, where cumulative impacts are identified, such impacts are accommodated through road and transit improvements which are to be provided through agreement by the applicant. c) Public benefits considered appropriate for the application of increased building height in Midtown Oakville include, but are not limited to: i. Grade separated pedestrian and cycling facilities across the QEW, railway tracks or Trafalgar Road; ii. Community facilities such as: Planning Justification Report Ontario Limited 13

22 SUBJECT SITE May 10, 2011 Figure 9 Schedule A-2 - Midtown Oakville Building Heights

23 A creative centre, including studio, office, exhibition, performance and retail space; and, A library; iii. Improved local transit facilities and transit user amenities; iv. Parkland improvements beyond the minimum standards for public squares and plazas; and, v. Public art. d) For the purposes of bonusing in Midtown Oakville, there is no prescribed building height limit and no Official Plan amendment shall be required to increase building height as a result of bonusing. Building C is proposed to be 10 storeys in height and falls within the permitted range of 6-12 storeys. Buildings A, B and D have been proposed at heights of 22, 18, and 14 storeys, whereas the permitted range is 8-20 storeys. The increase in building height for Building A is proposed to be achieved through the bonusing policies of Livable Oakville. It is our opinion the proposed development conforms to section of the Livable Oakville Official Plan as it will be built out on a phased basis. As stated in the Functional Servicing Report, prepared by Flora Designs Inc. (addendum by MGM Consulting Inc.), the infrastructure is anticipated to be able to accommodate the development by the year The proposed development is also supported by a transportation impact analysis prepared by HDR which concludes that there will be no adverse impact on the transportation network. It is expected that bonusing will be discussed with the Town during the planning approval process to determine the specific nature of the public benefits and community amenities to be provided in exchange for the additional height. Existing Zoning The subject lands are zoned C3A Commercial as shown below. Planning Justification Report Ontario Limited 14

24 This zone permits an animal/veterinary clinic, athletic club/facilities, automobile related uses, bank, trust company, credit union, barber, hairdresser, aesthetics salon, billiard parlor, cleaning or laundry depot, commercial school, day nursery, library, pet grooming establishments, place of amusement commercial, private or fraternal club, private school, professional or business office, public garage, public hall, rehabilitation workshop, restaurant (excluding take-out), retail propane transfer facility, retail sales warehouse, and a service station. Rezoning is required to permit the proposed development. Proposed Zoning The draft amending zoning by-law proposes to rezone the subject lands to a C3R Special Section zone. In addition to the permitted uses within the C3R zone, we are proposing to include general retail commercial uses and special care/special needs uses. The draft zoning by-law is appended to this report as Appendix 1. Planning Opinion The proposed zoning by-law amendment is justified and represents good planning for the following reasons: 1. The proposal conforms to the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe, the Region of Halton Official Plan, and the Livable Oakville Official Plan; Planning Justification Report Ontario Limited 15

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