Official Plan & Zoning By-Law Amendment Intercontinental Combo Hotel Niagara-on-the-Lake, ON PLANNING JUSTIFICATION REPORT

Official Plan & Zoning By-Law Amendment Intercontinental Combo Hotel Niagara-on-the-Lake, ON PLANNING JUSTIFICATION REPORT October 2015 Project # 13254

CONTENTS Introduction... 1 The Site... 1 The Proposed Development... 2 Planning Policy Analysis... 2 Natural Environment... 11 Drainage and Stormwater Management... 12 Municipal Services... 12 Conclusion... 12 Policy... 12 Site and Location... 13 Compatibility with Adjacent Land Use... 13 Natural Environment... 13 APPENDIX A: PROPOSED OFFICIAL PLAN AMENDMENT APPENDIX B: PROPOSED ZONING BY-LAW AMENDMENT

Introduction Quartek Group Inc. has been retained by Niagara York Road Inc., owner of the property located at the northeast corner of Glendale Avenue and York Road to amend the Official Plan and Zoning By-law documents to permit construction of a six storey, two phase hotel and five restaurant buildings. The proposed development has frontage on Glendale Avenue, York Road and Counsell Street. The Site The property is located on York Road in the Glendale area in the Town of Niagara-onthe-Lake. The subject property occupies 2.83 ha (7.0 ac) and has approximately 310 m of frontage on York Road. Access to the property is proposed from Counsell Street and there is an existing stubbed driveway entrance off the Glendale Road extension. The site is generally flat with a rolling topography. There is a creek running alongside the western property boundary that influences the grading in this area. The subject site is predominately covered in meadow-like grasses. There are trees lining the western edge of the subject site and some wooded areas adjacent to the creek. Photos of Subject Property looking west (L) and north (R), 2014 Planning Report: Intercontinental Combo Hotel 1

The Proposed Development The proposed Official Plan Amendment and Zoning By-law Amendment will permit construction of a two-phase, six storey Holiday Inn Express and Staybridge Suite hotel, as well as the future development of up to five (5) restaurant buildings (one of which offers a drive through). Three of the restaurant buildings are oriented toward York Road to provide an enhanced streetscape and defined street edge. An internal road connects the end of Glendale Avenue with Counsell Street and serves to provide access to the site from either the east or the west. There is no proposed access onto York Road. The hotel building is situated on the north half of the site and set close to the proposed internal road. Sufficient at grade parking is available and located around the hotel and central to proposed restaurants. Building E is the only restaurant with a drive through and traffic flows are oriented and accommodated within the site. There are provisions for active transportation and adequate parking has been provided. The request is for an Official Plan amendment to permit the 6-storey, two-phase hotel complex, to permit a drive through restaurant, and to permit loading, garbage storage and other service areas at the side of the building and screened from public view. There is an application for a Zoning By-law amendment to address building height, minor front yard setbacks, minimal reduction in parking, and minimal reduction in the required number of loading spaces. The development is proposed to be phased with Phase 1 consisting of the hotel complex and the associated parking. The five restaurants are identified as Phase 2 for future development with several of the proposed buildings and some of the parking being dependent on the provision of an Environmental Impact Study that indicates that the proposed buildings and parking lot will not negatively impact on the woodland feature. Three of the proposed restaurants shown in Phase 2 can proceed regardless of the Environmental Impact Study outcome but have been shown as future development as there are no specific tenants for the restaurants at this time. The zoning by-law amendment proposes a Holding Zone for a portion of the area of land identified as future development that is currently identified as Open Space (OSF) zone in the zoning by-law. Planning Policy Analysis Provincial Policy Statement The Provincial Policy Statement (2014) provides policy direction on matters of Provincial interest related to land use planning and development. The policies in Section 1.0 provide guidance to Building Strong Communities. These policies encourage efficient Planning Report: Intercontinental Combo Hotel 2

land use and development patterns to support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. Specifically, Section 1.1 provides direction for achieving sustainability in the health, liveability and safety of Ontario communities through policies that create an efficient development and land use pattern: 1.1.1 Healthy, liveable and safe communities are sustained by: a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; b) accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs; c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; d) avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e) promoting cost-effective development patterns and standards to minimize land consumption and servicing costs; f) improving accessibility for persons with disabilities and older persons by identifying, preventing and removing land use barriers which restrict their full participation in society; g) ensuring that necessary infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities are or will be available to meet current and projected needs; and h) promoting development and land use patterns that conserve biodiversity and consider the impacts of a changing climate. Furthermore, policies in Section 1 favour development within existing settlement areas where servicing already exists versus expansion of the urban boundary: 1.1.3.1 Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. 1.6.6.1 Planning for sewage and water services shall: a) direct and accommodate expected growth or development in a manner that promotes the efficient use and optimization of existing: 1. municipal sewage services and municipal water services; and 2. private communal sewage services and private communal water services, where municipal sewage services and municipal water services are not available; b) ensure that these systems are provided in a manner that: Planning Report: Intercontinental Combo Hotel 3

1. can be sustained by the water resources upon which such services rely; 2. is feasible, financially viable and complies with all regulatory requirements; and 3. protects human health and the natural environment; c) promote water conservation and water use efficiency; d) integrate servicing and land use considerations at all stages of the planning process; and e) be in accordance with the servicing hierarchy outlined through policies 1.6.6.2, 1.6.6.3, 1.6.6.4 and 1.6.6.5. 1.3.1 Planning authorities shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment and institutional uses to meet long-term needs; b) providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; c) encouraging compact, mixed-use development that incorporates compatible employment uses to support liveable and resilient communities; and d) ensuring the necessary infrastructure is provided to support current and projected needs. 1.6.6.2 Municipal sewage services and municipal water services are the preferred form of servicing for settlement areas. Intensification and redevelopment within settlement areas on existing municipal sewage services and municipal water services should be promoted, wherever feasible. The proposed commercial development is consistent with the Provincial Policy Statement as the proposed development is located within a settlement area and has access to municipal sewage and water services. Furthermore, the proposed development adds compatible commercial uses to the existing hospitality area that has been planned for the community of Glendale. The proposed development provides employment and adds to the mix of services available in Glendale. Growth Plan for the Greater Golden Horseshoe The Provincial Growth Plan for the Greater Golden Horseshoe provides for the better use of land and infrastructure by directing growth to existing urban areas and by building more compact communities that reduces the rate at which land is consumed. The lands are located within the built up area boundary of Glendale. The Growth Plan expects a significant portion of new growth to occur in the Greenfield Areas through new development in settlement areas resulting in complete, compact and transit-supportive communities. Complete communities should be developed to provide a diverse mix of Planning Report: Intercontinental Combo Hotel 4

uses, a range of employment and housing types, quality public spaces, open space and easy access to local stores and services. The Growth Plan policies state: Population and employment growth will be accommodated by a) directing a significant portion of new growth to the built-up areas of the community through intensification b) building compact, transit-supportive communities in designated greenfield areas c) reducing dependence on the automobile through the development of mixed-use; transitsupportive, pedestrian-friendly urban environments d) providing convenient access to intra- and inter-city transit e) encouraging cities and towns to develop as complete communities with a diverse mix of land uses, a range and mix of employment and housing types, high quality public open space and easy access to local stores and services f) directing development to settlement areas, except where necessary for development related to the management or use of resources, resource-based recreational activities, and rural land uses that cannot be located in settlement areas g) directing major growth to settlement areas that offer municipal water and wastewater systems and limiting growth in settlement areas that are serviced by other forms of water and wastewater services Municipalities are to develop and implement official plan policies and other strategies for their built-up areas to implement these policies. Regional Policy Plan As the upper-tier planning body, the Niagara Region is concerned with the broad interests of balancing the physical and economic growth of urban areas with the conservation of the natural environment. The Niagara Region Policy Plan provides guidance to municipalities for growth throughout Niagara, and facilitates the implementation of Provincial Policy direction. The Regional Policy Plan designates the subject land as Urban Area. This designation identifies land suitable for urban development. The relevant Regional Plan objectives are as follows: 4.G.1.1 Provide a framework for developing sustainable, complete communities. 4.G.1.2 Plan for all of Niagara s residents, both current and future, by promoting social inclusion, improved access to housing, commercial goods and services, job opportunities and social services. 4.G.1.3 Provide a policy direction for creating healthy, safe, vibrant, transit supportive, active transportation friendly, diverse, mixed use residential areas. 4.G.1.4 Develop a policy framework to ensure that, as urban development occurs, natural resources and ecosystem health and sustainability are maintained, enhanced or restored. 4.G.1.5 Ensure that the Region has an adequate supply of accessible, attractive commercial areas. Planning Report: Intercontinental Combo Hotel 5

4.G.1.9 Recognize the unique role of tourism and recreation-based employment in Niagara s economy. As a hospitality precinct the proposed development at York and Glendale Road will enhance the existing hospitality uses present in Glendale. These uses will support tourism to the greater Niagara area given the proximity to the QEW highway. They will also support tourism to the commercial shopping center on the south side of the highway as well as tourism in Niagara-on-the-Lake. The proposed development addresses the objectives and policies of the Regional Plan. Official Plan The Town of Niagara-on-the-Lake s Official Plan provides guidance for growth in the Town. The site is located within the Glendale Secondary Plan area where that designation provides guidance for future land development. Glendale Secondary Plan Glendale has a vital role to play in enhancing and sustaining Niagara-on-the-Lake s economy, physical environment and quality of life. It contains the bulk of the Town s industrial employment lands; it can accommodate hospitality and other commercial uses that may not be compatible with the Town s older communities; and it is home to a major educational institution Niagara College. While development in Glendale needs to be sensitive to the rural context, it is the highway, the character of Niagara-on-the-Lake s other communities and Glendale s land-use role within the Town that will have the greatest influence on its future shape and identity as an urban community. The overall vision for Glendale is to develop a community that provides sidewalks and good urban spaces while encouraging employment uses and commercial development. The presence of the highway interchange and the significant regional shopping centre and well as Niagara College drives demand for hospitality related uses at this location. These uses may not be appropriate in other locations in Niagara-on-the-Lake but are necessary services for the travelling public, tourists, and locals. The secondary plan designates the subject property as Hospitality Precinct. 3.5 Hospitality Precinct The hospitality precinct is intended to become a focal area for hotels, restaurants and other commercial uses catering to the travelling public and business community in Glendale and supporting tourism elsewhere in the Town. Planning Report: Intercontinental Combo Hotel 6

The proposed uses for the subject land are permitted uses in the Hospitality Precinct. The proposed development is for a 6-storey two-phase hotel and five restaurants. However, there is a need for an Official Plan amendment to amend specific policies related to drive-through restaurants to permit one drive-through restaurant, permitting a building height of more than 5 storeys, and allowing for loading, garbage storage and other service areas to be located at the side of the building and screened from public view. While a drive-through is not permitted in the Official Plan the requested Official Plan amendment to permit the drive-through is reasonable. The need for an Official Plan amendment to permit the drive-through provides Council and planning staff an opportunity to evaluate the proposed drive-through and exercise thought and rationality to permitting the proposed drive-through. The requested drive through has been located so that it is not visible from York Road, does not detract from the overall Glendale community, and does not impact on traffic movement on York Road. In this case the proposed drive-through will not have a negative impact on Glendale and will serve the travelling public as well as locals, which is the stated purpose of permitting hospitality uses in this area of Glendale. The requested Official Plan amendment to permit a building of more than 5-storeys is to permit the 6-storey two-phase hotel. Hotels are generally a minimum of 6-storeys for there to be a sufficient number of units for a viable hotel operation. While the request is for an additional storey, the impact of the additional height is minimal; the actual height increase above and beyond what the zoning by-law currently permits on the property is less than 2 metres greater. For this reason, the proposed increase from 5-storeys to 6- storeys is a reasonable use of the land and is not a significant departure from the planned heights for this particular site. The location of the 6-storey building is such that it will not negatively impact on surrounding land uses. The hotel is set well back from York Road and is a removed from the existing hotel on the other side of the intersection. The Hilton Garden Inn is 20.25 metres from the ground to the top of the roof. Therefore, although the Official Plan requests an amendment to permit an additional storey, the 5-storey hotel that exists in Glendale is higher than the proposed hotel for this site. The proposed hotel has a height of 18.85 metres. The hotel is buffered by a significant amount of Environmental Conservation Area that is to be retained on the west side of the property north of the proposed driveway to the site. To the rear of the property are additional lands zoned for regional commercial and light industrial uses. The Glendale Secondary Plan was particularly focused on height restrictions in order to preserve the prominence of the Niagara Escarpment but notes Planning Report: Intercontinental Combo Hotel 7

that areas close to the highway interchange are where taller buildings should be located in order to mark the gateway and create a distinctive skyline. The location of this proposed hotel meets all of the criteria as a location for a taller building as it will not take away from the prominence of the Niagara Escarpment due to the hotel being located on the north side of York Road and the QEW and it will contribute to the gateway at the highway interchange in Glendale. The Glendale Secondary Plan is specific in providing guidance about entrances, building materials, location of garbage storage and other service areas. However, the plan has to be read as a whole. The secondary plan contemplates Glendale as the location for services and uses that do not fit in other parts of Niagara-on-the-Lake including multiple storey hotels and larger-scale restaurants. The plan indicates that not all of the specific design guidelines have to be met provided the overall objectives of the secondary plan are met. Glendale represents Niagara-on-the-Lake s newest community and the character of the built form includes many buildings that make use of contemporary building materials and the architecture reflects current design aesthetics. Examples include the outlet mall, Niagara College, the Federal Government Building, the Hilton and the new residential development in Niagara-on-the-Green. The secondary plan envisioned a village centre on the site of the new outlet mall with a pedestrian oriented street, however, at this point that has not been achieved. The development of the outlet mall has set the tone for future development in Glendale. The inter-regional commercial centre that caters to a wide catchment area is oriented toward the travelling public through the provision of large parking areas with the commercial in the middle of the development. Glendale serves both tourists and locals as it provides a range of commercial and highway commercial uses. The proposed development does not address York Road with the restaurants facing onto York Road but it does provide buildings with minimal setbacks to the road to create a street wall and does not the parking between the buildings and the street, which the plan encourages. Without onstreet parking or centralized parking there is a need to provide parking on-site and to orient entrances that cater to customers who arrive by vehicle. The parking standards require 358 parking spaces for the full build out of the development. It is not possible to provide parking and have street oriented development and entrances on both sides with no areas for loading and garbage storage. The functional reality of a hospitality precinct and regional commercial land uses are that people are predominately arriving by vehicle and require parking especially for a hotel complex in a settlement area located at a highway interchange and not connected to the any other urban area. Planning Report: Intercontinental Combo Hotel 8

The York Road side of the buildings will be well landscaped to create an attractive pedestrian environment. There is a proposed patio on all three of the restaurants that are positioned along the York Road frontage which will help to animate the street and will contribute positively to the pedestrian environment. The development also provides for the required bike parking in order to accommodate active modes of transportation. The buildings are located close to the street edge to create a pedestrian oriented scale of development and a pleasant pedestrian environment instead of parking lots. The proposed plan provides sidewalks throughout the development and several sidewalk connections to York Road to encourage walking. The restaurants will have the rear façade oriented to York Road but the facades will be well articulated to create a high quality urban environment and the scale of the buildings will be smaller and 2-storeys in height to achieve a street wall effect. The Secondary Plan envisions at grade entrances for commercial units fronting on York Road, however, at grade entrances are dependent on a complete restructuring of York Road and changing the elevation. Given that York Road has not been reconstructed it is not possible to build at-grade entrances on York Road and there are no detailed designs for the future reconstruction of York Road that can provide direction in terms of the future elevation of York Road. The proposed development does not meet the urban design desire for at-grade entrances, however, not all the design guidelines have to be met, the development must be consistent with the overall goals and objectives of the Secondary Plan and it is believed that the proposed development will make a positive contribution to the overall development of Glendale. The secondary plan specifies that loading, garbage storage and other service areas shall be located at the rear of the building and screened from public view. The rear of the buildings by the traditional definition would be the parking lot area and with the restaurants clustered to provide entrances from the parking lot to the restaurants it is not appropriate to have the garbage and loading at the rear of the building. If the rear of the building is the opposite to where the main entrances are this would mean the garbage should be between the building and the street face which is definitely not the desire or intent of the secondary plan. The plan does not permit parking between the edge of the public right-of-way and the building face which means it has to be at the rear or the side. The plan then states garbage must also be at the rear, functionally in this case with multiple buildings on a lot there is only one place where garbage and loading spaces are the least impacting on the streetscape and the customer experience. For this reason there is a request to amend the Official Plan policy to permit these uses in the side yard. Given that the front of the building is not a desired location and that the customer parking is at the rear of the building, thus making the parking lot facing side of the building the predominate entrance the most logical option for the service uses is at the sides of the building. With proper screening and landscaping these uses can be located at the side of the buildings without negatively impacting on the character of Glendale. Planning Report: Intercontinental Combo Hotel 9

The secondary plan encourages hospitality and retail uses that support other employment uses and tourism in the Town which again indicates that the expectation is many of the customers will be arriving by car. The presence of the hotel on the site and the restaurants being oriented toward the interior of the lot means that it creates a relationship with hotel guests who will be able to walk across the parking lot to the restaurants. The objectives and principles allow for the use of contemporary architecture and materials provided that there is an attention to aesthetics. The materials proposed are consistent with the materials used for recent development in Glendale, particularly the outlet mall and the government building. The future buildings shown as restaurants will have to meet the policies of the Official Plan when the specific buildings are proposed for development. Overall, the proposed uses fit the land use designation and are consistent with the objectives for the Hospitality Precinct. This development represents a significant increase in the options for accommodations in Niagara-on-the-Lake. This is important for the diversification and growth of the Town s tourism industry. Hotels of 6- storeys do not fit in the Old Town, Virgil, Queenston, or St. Davids making Glendale the only option for this critical component of the Town s tourism services. Zoning By-Law According to the Town of Niagara-on-the-Lake s Zoning By-law the subject site is currently zoned Regional Commercial (RC1-15). The zoning on the property permits a variety of hospitality uses including those proposed. The proposed development does not comply with the following provisions: Zoning Requirements Existing Proposed Requirements Minimum lot frontage 30 m No change Minimum front yard setback 2.0 m No change Maximum front yard setback 4.0 m 8.85 m Minimum interior side yard setback 0 m No change Minimum rear yard setback 15 m No change Minimum landscaped open space 10% Maximum Building Height 17.0 m 18.9 m Minimum number of parking spaces 358 344 Minimum number of loading spaces 12 7 The Zoning By-Law Amendment request appropriate changes to the zoning provisions to permit the proposed hotel development and restaurant buildings in accordance with the Site Plan prepared by API Development Consultants Inc. dated October 28, 2015. Planning Report: Intercontinental Combo Hotel 10

The zoning by-law permits restaurants, however, the zoning must be amended to permit one (1) drive-through restaurant on the property. The overall development is proposed to be phased by placing a Holding Zone on the Natural Area where development is proposed, except for a small area that is impacted by Phase 1. An updated EIS will be prepared and must be acceptable to the approval authority demonstrating that removal of a larger portion of the Natural Area will not result in any negative impacts. The proposed site plan shows an expected final build out but the area of future development shown as Phase 2 will require a site plan amendment once the Holding Zone is removed and there are proposals for the specific restaurants. The requested zoning changes are minor. The increase in the maximum front yard setback to 8.85 metres is to accommodate the proposed restaurant at the corner of York Road and Counsell Street where a patio is proposed at 2.85 metres from the York Road property line, however, the building edge is at 8.85 metres and 3.16 metres from the Counsell Street property line. The reduction in parking spaces is minimal given that the requirement for the proposed development is 358 spaces and the provided parking is 344 spaces, just 14 spaces less than the by-law requires. It is expected that this minor reduction in parking will not result in a shortage of parking on-site for the various proposed uses. It is anticipated that customers from hotel on-site and the one across the road will walk to the restaurants which will help reduce some of the demand for parking. Additionally, the probability of all of the restaurants and the hotel complex being fully occupied at the same time is minimal; therefore, there is an opportunity for shared parking between the uses. If promotion of transit and active transportation result in a modal shift this should also reduce the demand for parking on-site. Overall in a development of this size the reduction in parking by 14 spaces is minimal and should not negatively impact on the needs of the proposed uses and their customers. The increase in the height of the building is to permit the 6-storey hotel development and is consistent with the height of the existing hotel across the street despite the increase in height by one-storey. Due to the proposed flat roof the height from ground level to the top of roof is less than the height of the Hilton Garden Inn. Within this context it is reasonable to permit the 6-storey hotel complex. Natural Environment Parts of the site have been disturbed. An Environmental Impact Study (EIS) dated September 2015 was prepared by Quartek Group Inc. to evaluate the impact of Phase 1 of the proposed development. There is the need for additional field work to evaluate for Planning Report: Intercontinental Combo Hotel 11

the presence of herptiles, due to timing of the provision of information related to the EIS and requirements for completing the study during certain seasons the field work is pending. Until that time, it is requested that the land shown as Phase 2 which would impact the Natural Area be placed in a Holding Zone, should the EIS not be able to support the future development the site would be redesigned to maximize the development potential. Phase 1 proposes minimum intrusion into the recommended 10 metre buffer to protect the edge of the woodland. The 10 metre buffer is from the edge of dripline and the proposed incursion is for parking lot as opposed to building foundations that require deeper disturbance of the land and results in more impacts on the woodlot. The impact of the parking lot construction should be minimal as it is generally located within the 10 metre buffer, only meeting the tree dripline in one small spot. Typical remediation measures will be employed to minimize impacts on the Natural Area. Drainage and Stormwater Management For information please refer to the Stormwater Management Report prepared by Quartek Group October 2015. Municipal Services The proposed development will utilize existing municipal infrastructure available at Townline Road. Water and sanitary services can be provided by municipal services via an easement across the adjacent property fronting Townline Road also owned by the applicant. This is the preferred option as it permits gravity sanitary service for all but the basement level of the proposed hotels. Other servicing options would require a forecemain to connect. Other required utilities such as: electrical, gas, telephone, etc. are available at the site. Conclusion Policy The proposed commercial development recognizes provincial, regional and municipal policies that encourage commercial development in planned settlement areas where they can benefit by leveraging existing municipal infrastructure. The proposed commercial development is compatible the Glendale Secondary Plan and is in keeping with the intent of the hospitality uses identified in the Plan. The proposed development is compatible with neighbouring properties. The proposal will meet the intent of the urban design standards set out in the Official Plan and will provide visitors with infrastructure that encourage cycling and walking thereby reducing vehicular trips. Planning Report: Intercontinental Combo Hotel 12

Site and Location The site is located in the Glendale Secondary Plan Area. To the west is the six storey Hilton Garden Inn hotel. Immediately to the east on Counsell Street is a courier distribution centre. The property to the north is vacant and also owned by the applicant. Beyond that are single detached homes fronting Queenston Street. The property south of York Road is undeveloped and occupied largely by a woodlot. Geographically, the site is close to the QEW and the gateway to Niagara-on-the-Lake making it a desirable location for a hotel and restaurant complex. Furthermore, the regional commercial Outlet Mall on the opposite side of the QEW supports the proposed land use. The property has been identified for commercial use in keeping with the Secondary Plan s Hospitality designation. Compatibility with Adjacent Land Use The neighbouring property to the west is a hotel to those proposed and is considered compatible. Similarly, the light industrial use (courier distribution centre) east of the site does not impact the proposed use, nor does the proposed development impact operations. There are some single detached residences located north of the undeveloped adjacent property on Queenston Road, however, the siting of proposed buildings and their orientation, in conjunction with the site topography, do not pose a significant impact on the residential use of those properties. The site will be sufficiently landscaped and natural areas will be preserved where possible to provide site buffering and amenity space. Accordingly, the location of the proposed development is compatible with the adjacent land uses. Natural Environment The site is located within an urban settlement area intended for significant commercial, industrial, and residential development. Along the west side of the property, there is a wooded area and slope down to a creek which runs along the property edge and Glendale ROW. The proposed development contemplates removal of some of the trees to permit the siting of two restaurant buildings. Both of these buildings have attached patio areas that extend towards the established top of bank. The stable top of bank was established through geotechnical investigation as per the report prepared by Soil-Mat Engineers dated May 15, 2015. The proposed buildings are sited at a minimum of 7.5 metres from the identified stable top of bank. The EIS determined that a 7.5 metre setback from stable top of bank would be appropriate to prevent impacts on the watercourse. Planning Report: Intercontinental Combo Hotel 13

Best practices during construction (e.g. silt fencing) will ensure that the environment is protected during the construction phase. Accordingly, there are minimal impacts to the natural environment expected with the proposed development. Overall, the proposed development provides a desirable land use with both adequate and preferred servicing opportunities. Minimal impacts to the natural environment and neighbouring land uses are expected. Therefore, the proposed development represents an appropriate land use for the following reasons: 1. It supports policies put forth by the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, the Region of Niagara and the Town of Niagaraon-the-Lake. 2. The proposed hospitality use conforms with the intended land use and it is complimentary to adjacent land uses. 3. Makes use of planned servicing infrastructure appropriate to the proposed development. 4. Provides for economic development in the Town by creating jobs and supporting the tourism industry. Planning Report: Intercontinental Combo Hotel 14

APPENDIX A: PROPOSED OFFICIAL PLAN AMENDMENT

THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE BY-LAW NO. (Official Plan Amendment No. Glendale Hotel Complex) A BY-LAW PURSUANT TO SECTION 17 OF THE ONTARIO PLANNING ACT TO AMEND THE TOWN OF NIAGARA-ON-THE-LAKE OFFICIAL PLAN WHEREAS the Town of Niagara-on-the-Lake Council is empowered to enact this Bylaw by virtue of the provisions of Section 17 of the Planning Act, R.S.O. 1990, c.p.13, as amended; The Council of The Corporation of the Town of Niagara-on-the-Lake, in accordance with the provisions of Section 17 of the Ontario Planning Act hereby enacts as follows: 1. Amendment No. to the Official Plan for the Town of Niagara-on-the-Lake consisting of the attached explanatory test is hereby adopted. 2. Amendment No. to the Official Plan for the Town of Niagara-on-the-Lake is exempt from the approval of the Regional Municipality of Niagara and will come into force and effect on the day of the final passing thereof. Enacted and passed this day of 2016. LORD MAYOR PAT DARTE TOWN CLERK HOLLY DOWD

PART A THE PREAMBLE PART B THE AMENDMENT This does not constitute part of this amendment This part consists of the following text and attached plan which constitutes Official Plan Amendment No. to the Official Plan for the Town of Niagara-on-the-Lake. PART C ADDITIONAL INFORMATION Does not constitute part of this amendment. Outlines additional information available upon request.

PART A THE PREAMBLE The preamble does not constitute part of this amendment PURPOSE The purpose of this amendment is to change the land use designation on the subject lands from Hospitality Precinct to Hospitality Precinct EX-HP-01 in order to permit a 6-storey hotel complex, a drive through restaurant, and allow for loading and garbage storage at the side of the building. BASIS The basis of the amendment is as follows: 1. The subject land is located within Town/Villages and Hamlets of the Greenbelt Plan and a Settlement Area of the Provincial Policy Statement. It is designated Designated Greenfield Area by the Regional Official Plan and Hospitality Precinct in the Official Plan. 2. The property consists of 2.83 ha (6.996 ac) and is currently vacant. 3. The amendment is consistent with the Provincial Policy Statement and conforms to the Greenbelt Plan, the Growth Plan, the Regional Official Plan and the general intent of the Town s Official Plan. 4. The amendment will permit a 6-storey, two hotel complex with a shared common entrance, restaurant and amenities. The amendment will allow for the development of the property and create employment in the community as well as providing services to locals and the travelling public. 5. The overall development of the site allows for an intensity of use that is appropriate given the location of the site and access to existing and planned infrastructure. 6. The property is also subject to Site Plan Control, which will regulate those matters pursuant to the provisions of the Planning Act.

PART B THE AMENDMENT All of this part of the document entitled Part B The Amendment, consisting of the following text and Schedule constitutes Amendment No. to the Official Plan of the Town of Niagara-on-the-Lake. DETAILS OF THE AMENDMENT 1. Schedule F of the Official Plan for the Town of Niagara-on-the-Lake is amended for the lands show on Schedule 1 attached hereto by redesignating the lands from Hospitality Precinct to Hospitality Precinct EX-HP_01. 2. That the following section Exceptions is added to Part 3, Land Use Policies, Section 6, Special Policy Area A-7 (Glendale Secondary Plan), Subsection 3.5 Hospitality Precinct of the Official Plan for the Town of Niagara-on-the-Lake as it effects the lands shown on the attached schedule: EX-HP-01 Notwithstanding the policies of the Official Plan, the lands identified as EX-HP-01 shall permit a 6-story hotel complex and one (1) drive through restaurant. Loading, garbage storage and other service areas shall be permitted at the sides of the building and screened from public view. In accordance with the regulations under Section 36 of the Planning Act, a Holding (H) Provision may be applied to the subject lands in the implementing Zoning By-law, which will enable Council to hold lands designated for a specific land use until such time as supporting studies related to impacts on the Natural Area are completed and approved.

COUNSELL STREET N GLENDALE AVENUE EX-HP-01 TO QEW LEGEND YORK ROAD CONSERVATION EX-HP-01 - HOSPITALITY PRECINCT (EXCEPTION) SCHEDULE ATTACHED TO BY-LAW, BEING AN AMENDMENT TO SCHEDULE "F" OF THE OFFICIAL PLAN, AS AMENDED, OF THE TOWN OF NIAGARA-ON-THE-LAKE AS PASSED ON THIS DAY OF, 2016. LORD MAYOR TOWN CLERK

PART C ADDITIONAL INFORMATION The following additional information is available upon request: 1. Community and Development Services Report CDS-16-XXX 2. Planning Advisory Committee Meeting Minutes dated 3. Town of Niagara-on-the-Lake Council Meeting Minutes dated 4. Draft Site Plan Concept

APPENDIX B: PROPOSED ZONING BY-LAW AMENDMENT

THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE BY-LAW NO. N/W Corner York Road and Counsell Street Intercontinental Combo Hotel Roll # 26-27-020-018-02450-0000 A By-law pursuant to Section 34 of the Ontario Planning Act to amend By-law No. 4316-09 as amended, entitled a by-law to regulate the use of land and character, location and use of buildings and structures thereon within the Town of Niagaraon-the-Lake. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE HEREBY ENACTS AS FOLLOWS: 1. That Schedule A-21 of By-law 4316-09, as amended, is further amended by changing the zoning of the subject lands shown on the Schedule attached hereto and forming part of this By-law as shown. 2. That Section 11.18 entitled Glendale Community Zoning District Site Specific Exceptions to Zoning By-law 4316-09 as amended, is hereby further amended by deleting Section 11.18.15.1: 11.18.15.1 Permitted Uses: (a) Restaurant, Drive-Through 11.18.15.2 Zone Provisions (a) Minimum front yard setback 4.0m (b) Maximum front yard setback 9.0m (c) Maximum building height 19.0m (d) Minimum number of loading spaces 7 (e) Minimum number of parking spaces 344 3. No development shall occur within the area identified with a Holding (H) Symbol until removal of the Holding (H) Symbol. Prior to the removal of the H an updated Environmental Impact Study acceptable to the appropriate approval authorities shall be approved. 4. All other provisions of Zoning By-Law 4316-09, as amended, shall continue to apply to the lands shown on the attached schedule.

5. That the effective date of this By-law shall be the date of final passage thereof. READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS DAY OF, 2016. LORD MAYOR PAT DARTE TOWN CLERK HOLLY DOWD

N GLENDALE AVENUE ZONE OSF ZONE OSF ZONE RC1-15(H) ZONE RC1-15(H) ZONE RC1-15 COUNSELL STREET TO QEW LEGEND YORK ROAD OSF - OPEN SPACE KEY FEATURE (WOODLANDS) RC1-15 - REGIONAL COMMERCIAL (SITE SPECIFIC) RC1-15(H) - REGIONAL COMMERCIAL (SITE SPECIFIC) (HOLDING) SCHEDULE ATTACHED TO BY-LAW 4316, BEING AN AMENDMENT TO SCHEDULE "A-21" OF ZONING BY-LAW 4316-09, AS AMENDED, OF THE TOWN OF NIAGARA-ON-THE-LAKE AS PASSED ON THIS DAY OF, 2016. LORD MAYOR TOWN CLERK