COPY. Glenn J. McGlashon Director of Planning & Development DATE OF MEETING: June 1, 2015 REPORT TITLE/SUBJECT:

COPY THE CORPORATION OF THE TOVVN OF COBOURG TO: COMMITTEE OF THE WHOLE REPORT Mayor and Council Members FROM: Glenn J. McGlashon Director of Planning & Development DATE OF MEETING: June 1, 2015 REPORT TITLE/SUBJECT: Official Plan Amendment No. 69 (Official Plan Review) Proposed Modifications to Resolve Appeals Ontario Restaurant Hotel & Motel Association et al Sobeys Capital Inc. DATE OF REPORT: May 13, 2015 FILE: OPA-03-07 1.0 RECOMMENDATION It is recommended that Council: I) endorse the proposed modifications attached hereto as Figure 1 and Figure 2 for the purpose of resolving six (6) outstanding Ontario Municipal Board (OMB) appeals by the Ontario Restaurant Hotel and Motel Association, The TDL Group Corp., McDonald's Restaurants of Canada Limited, A&W Food Services of Canada Inc., Wendy's Restaurants of Canada Inc. and Sobeys Capital Inc. regarding Official Plan Amendment #69 (Official Plan Review); and, ii) authorize the Town Solicitor to forward the proposed modifications and any associated documentation to the OMB for the purpose of achieving a settlement to the six (6) outstanding appeals to OPA #69. 2.0 ORIGIN/BACKGROUND In May of 2010, Cobourg Municipal Council adopted Official Plan Amendment #69 (OPA #69), which implemented a number of amendments to the Cobourg Official Plan as part of the Town's five year review and Provincial Growth Plan conformity exercise. In accordance with the provisions of the Planning Act, RSO 1990, as amended, the Town forwarded OPA #69 to the Ministry of Municipal Affairs and Housing (MMAH) and it was subsequently approved by the MMAH on December 6, 2011. 1

A total of seven (7) appeals to the MMAH's decision were filed and referred to the OMB pursuant to the Planning Act -- fi've (5) of the appellants are restaurant chains and an association representing these chains who collectively appealed OPA #69 in its entirety based on identical issues relating to the Town's drive-thru policies, while the remaining two (2) appeals were made by individual property owners and were more site-specific in nature. The following is a brief summary of the appeals filed: i) The restaurant chain appellants (hereinafter referred to as "Ontario Restaurant Hotel and Motel Association et al") claimed that the policies of the amended Official Plan pertaining to drive-thus do not conform to the Planning Act and are not consistent with the Provincial Policy Statement (PPS); ii) iii) Sobeys Capital Inc. (hereinafter referred to as "Sobeys") wishes to retain the Shopping Node Area designation for the properties known municipally as 990-1000 Division Street & 0 Paterson Street (Foodland) as it existed prior to OPA #69. OPA #69 changed the designation of the subject lands from Shopping Node Area to Mixed Use Area. DePalma Developments appealed OPA #69 as it applies to the 13 ha (33 ac) parcel of land immediately west of Wal-Mart and Home Depot on the basis that the Town's Employment Area designation does not appropriately define "non-employment' uses" and "major retail uses", nor does it provide any planning justification for not permitting commercial retail uses on the Subject Lands. The intent of this Report is to ask Council to endorse a set of modifications to OPA #69 which is intended to resolve the OMB appeals referenced above in items i) and ii). Unfortunately, it appears that a short term resolution of the DePalma Developments' appeal in item iii) is unlikely, although discussions between the two parties are continuing. It is hoped that the OMB will approve the proposed modifications and OPA #69, as amended, in its entirety, save and except for the policies and/or lands applicable to DePalma Developments which may be addressed separately either through settlement resolution or adjudication at a future OMB Hearing. 3.0 ANALYSIS a) Ontario Restaurant Hotel and Motel Association et. al. Over the last several years, representatives from the Town and agents for the Ontario Restaurant Hotel and Motel Association et al have been involved in extensive back-and-forth discussions aimed at resolving the issues surrounding the Town's drive-thru policies. Obviously, the appellants conduct a large component of their business via drive-thru's Page 2

and they are hesitant to acquiesce to policies that overly restrict these operations or that are particularly onerous or unclear to implement. The proposed modifications attached as Fiqure 1 are intended to provide more detailed policy direction, clarity and, ultimately, more certainty for justifying and evaluating developments which incorporate drive-thru facilities. Specifically, the proposed modifications: include general policies which ensure that new development and redevelopment in commercial and mixed use areas conform to and/or have regard to a number of policies, including the Town's Community Design policies and Urban and Landscape Design Guidelines; add provisions whereby new vehicle-oriented uses and drive-thru facilities in the King Street corridor of the Main Central Area, Mixed Use Areas and Shopping Node Areas shall require an amendment to the Zoning By-law, and that such amendments would be subject to a number of performance criteria relating to the achievement of quality urban built forms, enhanced streetscapes, mixed land uses, appropriate buffering and similar compatibility elements, pedestrian and cyclist safety, and safe and effective traffic circulation; add general design policies which require proponents to demonstrate that proposed commercial and/or mixed use development, redevelopment or modifications to existing uses in commercial areas reinforce and enhance the character of the streetscape and surrounding urban context, respects pedestrians and cyclists and minimizes vehicle impacts (traffic, idling, safety); add policies and clarify wording with respect to scenarios involving new development, significant redevelopment and minor expansions to existing sites; reduce the minimum floor space index (defined as the gross floor area of all buildings on a lot divided by the lot area) in Mixed Use Areas and Shopping Node Areas from 0.5 to "generally in the order of 0.3" and include development phasing provisions to ultimately achieve the intended level of intensification over time; generally make minor wording changes in a number of areas to clarify intent. Page 3

b) Sobeys Capital Inc. The discussions with Sobeys and DePalma Developments came to the forefront more recently and are more closely tied to their individual land use designations and future development options for their sites. Sobeys proposes to retain the Shopping Node Area land use designation for the subject lands which was in existence prior to the adoption of OPA #69 (approved in 1997 as OPA #16, but changed to Mixed Use Area under OPA #69). According to Sobeys, the Shopping Node Area designation will appropriately recognize the existing Foodland supermarket and facilitate future expansion under the Shopping Node Area policies of the Official Plan. Under OPA #69, a Mixed Use Area land use designation was applied broadly to the commercial lands within the Division Street commercial corridor, including the Sobeys lands, to act as one of the major intensification areas for the community. Following discussions with Sobeys' representatives, municipal staff proposed that a special 'hybrid' Shopping Node Area designation be created for 990-1000 Division Street and 0 Paterson Street which acknowledges both Sobeys request to retain their pre-existing land use designation, thus recognizing the existing supermarket and future expansion opportunities, and includes policies for future intensification consistent with the Mixed Use Area land use designation. In other words, the proposed special designation effectively integrates the key elements of the two designations to meet the needs of both parties. The proposed modification was accepted by Sobeys and is outlined in Figure 2. In addition, Sobeys was also in favour of reducing the minimum floor space index in Shopping Node and Mixed Use Areas from 0.5 to 0.3 with phasing provisions to facilitate a reasonable transition towards greater intensification. c) DePalma Developments As indicated above, a settlement of the outstanding appeal by DePalma Developments in the north-west sector of the municipality as part of this round of modifications is not possible. Discussions with DePalma Developments are, however, ongoing towards a possible planning process and resolution to the appeal, and a further report(s) and/or update will have to be brought forward to Council in the future. Although Provincial legislation does not specify that modifications to an amendment to the Official Plan that is the subject of an appeal and is before Page 4

the OMB requires a Public Meeting of Council prior to endorsement, it is recommended that this matter be placed on the agenda for the next meeting of the Committee of the Whole for consideration in open session. This Report and the proposed modifications will also be posted on the Town website for additional public awareness. 4.0 FINANCIAL IMPLICATIONS The proposed modifications, if endorsed by Council, will need to be presented to the OMB during what is known as a "Settlement Hearing". These Hearings are much shorter than a regular Hearing of the OMB, and are often conducted via tele-conference. Accordingly, there will be some legal costs associated with the Settlement Hearing however they will be less extensive than if no resolution was reached and the matter went to a full Hearing. 5.0 CONCLUSION It is the opinion of planning staff that the proposed modifications to OPA #69 attached to this Report conform to Provincial and Municipal policies and represent good planning. It is recommended that Council endorse the proposed modifications and submit the required documentation to the Ontario Municipal Board for the purpose of resolving six (6) outstanding appeals. Title: Signing Official: Sig "hire: Date: Chief Administrative Officer S. Peacock, P. Eng 42,21 1 h", i Director of Planning & G. McGlashon, 3)/1- MCIP, RPP ti 4 Ltd1.91 Development v.4, &AI 110 (ð / Page 5

Figure 1 Recommended Modifications to the Town of Cobourg Official Plan in response to an appeal by the Ontario Restaurant and Motel Association et. al. Official Plan Amendment No. 69 (OPA 69) was adopted by the Town in May 25, 2010 and approved by the Ministry of Municipal Affairs and Housing on December 6, 2011. Three appeals were filed. The appeal by the Ontario Restaurant Hotel and Motel Association et. al. related to the policies of the Plan which affect drive through restaurants. The following modifications are proposed to resolve the appeal by the Ontario Restaurant Hotel and Motel Association et. al. with proposed additions shown as underlined and deletions as struck out. 1. Section 2.88 of OPA 69/Application of Urban Design Guidelines Section 5.1 Community Design and Improvement - Purpose 5. COMMUNITY DESIGN ANDIMPROVEMENT 5.1 PURPOSE The Town of Cobourg Official Plan is based on four community development principles including "Distinctive Community Image" and eight Design Principles. A key factor in the implementation of these principles is the design and improvement of the community. This section outlines general design policies for the Town, as well as policies related to Gateway Areas and Neighbourhood Planning Areas, which will assist in the implementation of these broad directions. It also provides policies with respect to the preservation of heritage areas and community improvement. The policies provide a framework for the review of development. In addition, the Town has adopted Urban and Landscape Design Guidelines. These shall be used, in conjunction with the policies of the Official Plan, as a basis for the evaluation of all development applications. The policies provide a framework for the review of development. In addition, the Town has adopted Urban and Landscape Design Guidelines. The Town in evaluating all development applications shall have regard to these Design Guidelines Thcsc shall be 1

used, in conjunction with the policies of the Official Plan, as a basis for the evaluation 2. Section 2.37 of OPA 69/ Section 3.7.3.1 of he OP Main Central Area Policies for King Street 3.7.1 Purpose 3.7 MAIN CENTRAL AREA The Main Central Area designation on Schedule "A" recognizes the existing historic community core. The purpose of the designation is to identify the core as the major focal point of community life in the Town, and to provide for its continuing maintenance and enhancement, including redevelopment and new development which is in keeping with the existing character of the area. The objective is to promote the multi-use function of the area and to ensure that it remains, together with the adjacent Harbour Area, an attractive pedestrian-oriented environment in which to shop, live, work and visit recognizing that many visitors will also arrive in private vehicles. Strong connections to the Harbour Area shall be maintained to help ensure the attainment of this objective. 3.7.2 Permitted Uses, Buildings and Structures The permitted uses, buildings and structures are: i) commercial; ii) office; iii) low, medium and high density residential; iv) mixed use; v) institutional; vi) park and recreation; and, vii) parking facilities, including parking garages. 2

3.7.3 Land Use Policies 3.7.3.1 King Street Corridor The King Street Corridor as designated on Schedule "A" in the Main Central Area contains the major concentration of pedestrian oriented commercial uses in the Town. New development and redevelopment shall reinforce its character as a pedestrian shopping area in a traditional setting, shall have regard for the Town's Urban and Landscape Design Guidelines and shall be evaluated based on conformity with the following criteria, the Heritage District Guidelines - Commercial Core Area, the policies of Section 5,Community Design and Improvement, other applicable policies of the Official Plan, and the following criteria and thc Town's Urban and Landscape Dasign Prescrvation: a) pedestrian traffic generating activities, particularly commercial, institutional, and office uses but including rcsidential development which achicves those objectives, shall be encouraged to locate at grade level and shall be required to locate at grade level in the block between Division Street and Spring/Hibernia Street; b) parking areas shall be prohibited between the front of the principal building and the street; c) submission of adequate justification for the proposed development that establishes how it conforms to the Official Plan and, in particular, that it: i) assists in reinforcing and enhancing the character of the existing and planned streetscape through the introduction of development which reflects the heritage, mixed use and urban character of the surrounding area; and ii) does not compromise the safe and efficient movement of pedestrians and cyclists and is designed to be easily accessible by, and oriented to, pedestrian traffic; d) buildings and structures shall have a minimum height of two storeys and shall be designed in a manner which is sensitive to the scale and character of adjacent development; and, e) development within existing buildings and structures, or which does not require any significant modifications to existing buildings, particularly buildings of historic and/or architectural value shall be encouraged:3 and ddesignated and listed cultural heritage buildings and structures shall be preserved, and where new development is located adjacent to 3

such designated or listed cultural heritage buildings and structures it shall be designed to be compatible, et) new uses oriented to vehicle use, such as restaurants with "drive-thru" facilities., or vehicle sales and/or repair uses, or uses involving open storage, shall be prohibitedrequire an amendment to the Town's Zoning By-law; and, q) An application for a Zoning By-law Amendment to permit a new drivethru facility will be evaluated based on the location and design of the proposed development. Specifically, such development shall be evaluated based on the proposed development meeting the following criteria in addition to satisfying all other applicable policies of this Plan: 0 sufficient separation from permitted residential uses or other site buffering is provided in order to mitigate impacts such as noise, lighting and traffic; ii) convenient and safe pedestrian access is provided between the primary building entrance and adjacent sidewalks and walkways; iii) a strong building edge with minimal or no setback from the street will reinforce the streetscape; and, iv) the appropriate location of vehicle stacking lanes and sufficient vehicle stacking to: prevent queuing on public streets and other traffic disruption; minimize interference with on-site pedestrian access; create a comfortable pedestrian environment on and in the adjacent public realm; and, ensure efficient vehicle circulation and parking. 4

3. Section 2.38 of OPA 69/ Section 3.7.3.2 of the OP Other Areas of King Street 3.7.3.2 Other Areas of the Main Central Area Areas of the core Main Central Area, away from the King Street Corridor are developed with a mix of uses. New development and redevelopment shall reinforce the mixed use character and traditional setting, and shall be have regard for the Town's Urban and Landscape Design Guidelines and shall conform with the Heritage District Guidelines - Commercial Core Area, an-d--tbe-towills U-r-ban the policies of Section 5.5, Cultural Heritage Preservation, other applicable policies of the Official Plan, and the following criteria: -la) proposed uses, buildings and structures are of a size and scale which can be appropriately integrated with the character of the adjacent area, particularly any residential areas; lib) ii-ic) designed to ensure that there are no significant negative impacts with respect to privacy and shadowing, and that appropriate buffering can be provided for any adjacent lands in the Residential Area designation or a residential use; parking areas shall be prohibited between the front of the principal building and the street, except on sites where the lot configuration prohibits alternative parking arrangements and a detailed site plan is submitted to demonstrate how the impact of such parking on the streetscape can be reduced; and, ivd) development within existing buildings and structures, or which does not require any significant modifications to existing buildings, particularly buildings of historic and/or architectural value shall be encouraged, and designated and listed cultural heritage buildings and structures shall be preserved, and where new development is located adjacent to such designated or listed cultural heritage buildings and structures it shall be designed to be compatible; and e) new uses oriented to vehicle use, such as restaurants with "drive-thru" facilities, vehicle sales and/or repair uses, or uses involving open storage, shall require an amendment to the Town's Zoning By-law; and f) An application for a Zoning By-law Amendment to permit a new drivethru facility will be evaluated based on the location and design of the proposed development. Specifically, such development shall be evaluated based on the proposed development meeting the following criteria in addition to satisfying all other applicable policies of this Plan: 5

0 sufficient separation from permitted residential uses or other site buffering is provided in order to mitigate impacts such as noise, lighting and traffic; ii) convenient and safe pedestrian access is provided between the primary building entrance and adjacent sidewalks and walkways; iii) a strong building edge with minimal or no setback from the street will reinforce the streetscape; and, iv) the appropriate location of vehicle stacking lanes and sufficient vehicle stacking to: prevent queuing on public streets and other traffic disruption; minimize interference with on-site pedestrian access; create a comfortable pedestrian environment on and in the adjacent public realm; and, ensure efficient vehicle circulation and parking. 4. Section 2.87 of OPA 69/Section 4.8.2 of the OP, Sustainability Strategy Development Form Mt/ / 4.8 SUSTAINABILITY STRATEGY 4.8.1 Purpose Consideration of the environment is not limited to the protection and enhancement of lands in the Greenlands System and the Town is committed to, and has already made significant progress in, developing a "culture of conservation" which reflects the principle of sustainable development - "development that meets the needs of the present without compromising the ability of future generations to meet their own needs. The Sustainability Strategy provides policies with respect to the implementation of this principle as it relates to development form as well as the framework for the creation of an Integrated Community 'The Bruntland Commission (1983) 6

Sustainability Plan for conservation of water, air quality, energy and other resources and waste reduction, transportation, as well as environmental monitoring and education. Related policies for cultural heritage conservation are found in Section 5.5 of the Plan. 4.8.2 Development Form The Town will encourage, in accordance with the policies of this Plan and having regard for the Town's Urban and Landscape Design Guidelines, development (including Town facilities) which is based on the principle of sustainable development, including Town facilities. The Town will also work with other public agencies to encourage them to follow the same principle. In particular, the Town will encourage development designed to: i) reduce the consumption of energy, land and other non-renewable resources including support for energy efficient building and opportunities for co-generation; ii) iii) iv) minimize the waste of materials, water and other limited resources; create livable, healthy and productive environments; reduce greenhouse gases; and, v) enhance biodiversity, ecological function, and the natural heritage system, including the provision of wildlife habitat and linkages. 5. Section 2.96 of OPA 69/Section 5.2.8 of the OP Community Design External Building Design 5.2.8 External Building Design When considering, as part of site plan approval, the external design of buildings and the design of the adjacent streetscape, the Town shall take into account all the policies of this Plan, particularly the policies of this Community Design Strategy. In addition, in evaluating the external design of buildings the Town shall seek design which reflects the directions in the Town's Urban Design and Landscape Guidelines and, in particular: i) includes sustainable building practices such as the use of green roofs and solar panels with the achievement of LEED or Energy Star or other similar certification or equivalent being encouraged; 7

ii) iii) iv) complements the massing patterns, rhythms, character and context of adjacent existing development, while recognizing that built form evolves over time and that new buildings should not necessarily replicate existing buildings; clearly defines public and private spaces; is designed to incorporate the principles of universal design to ensure access and visitability for all individuals, while recognizing the need for balance where designated heritage properties and properties in Heritage Conservation Districts are involved; v) is in scale with surrounding development; and, vi) is designed to ensure that all buildings, and, in particular, any commercial, mixed use or institutional buildings are designed to animate and create a positive interface with the street through: a) the use of architecture and facade treatment (e.g. landmark features, recesses, projections, canopies) of the buildings, including appropriate variation in materials and textures and colours of building materials to reflect the heritage of the community; b) front doors and generous real windows, or in some cases three dimensional display windows, on any major walls facing streets; c) strong pedestrian connections to the street, while drivc through uscs, whcre permittcd, all buildings and structures are carefully positioned to minimize impacts on the street; and d) the location of outdoor activity areas (e.g. patios), landscaping and other site design elements. 8

6. Section 2.140 of OPA 69/ Section 8.3.1 (xvi) of the OP Required Information and Materials Information Requirements Urban and Landscape and Sustainable Design 8.3 REQUIRED INFORMATION AND MATERIALS 8.3.1 Information Requirements Unless an exemption is granted by the Town in writing as part of the preconsultation process, the following information and materials shall be required to be submitted as part of the application for an Official Plan amendment, zoning by-law amendment, draft plan of subdivision, draft plan of condominium and site plan, and may be required for other applications. Such required information and material shall be prepared at the applicant's expense and carried out by qualified professionals as determined by the Town xvi) Urban and Landscape and Sustainable Design The submission of an urban and sustainable design study which identifies how the proposed development satisfies the Town's Community Design policies in Section 5 of this Plan, Official Plan the policies of this Plan related to sustainability, and which has regard for the Town's Urban and Landscape Design Guidelines shall be submitted with any devclopment required by the Town. In addition, a shadow study and 3D computer modelling and other contextual documentation including photo montages, shall be required in support of the urban and sustainable design study. 7. Section 2.141 of OPA 69/ Section 8.3.4 of the OP Required Information and Materials Development Evaluation Criteria Design and Sustainability 8.3.4 Development Evaluation Criteria Development proposals shall generally conform with the following criteria, in addition to any of the applicable policies of this Plan: i) Design and Sustainability The appropriateness of the design and sustainability of the proposal shall be evaluated in accordance with the policies of Section 5 and other applicable policies of this Plan, and with regard for the Town's the Urban and Landscape Design Guidelines. In particular, where new development is 9

proposed abutting existing residential development it shall be designed to be compatible with that existing development with respect to scale and massing. Adequate buffering will also be provided. Consideration will be given to shadow studies and 3D modelling in assessing the compatibility of such proposals. In addition, development may be subject to the site plan control provisions of the Planning Act. 8. Addition of the following new section to Section 5, Community Design and Improvement with respect to Commercial and/or Mixed Use Development 5.2.10 Commercial and/or Mixed Use Development Applications for new commercial and/or mixed use development, redevelopment or modifications to existing uses shall be evaluated in accordance with all applicable policies of this Plan and the following criteria taking into account the context and constraints of the site, including any existing use(s) and development form. Where new commercial and/or mixed use development, redevelopment or modifications to existing uses are proposed in the Main Central Area such uses shall satisfy the criteria below and the criteria in Section 3.7. Where new commercial and/or mixed use development, redevelopment or modifications to existing uses are proposed in Mixed Use Area designations such uses shall satisfy the criteria below and the criteria in Section 3.9.4. Where new commercial and/or mixed use development, redevelopment or modifications to existing uses are proposed in Shopping Node Area designations such uses shall satisfy the criteria below and the criteria in Section 3.8. Applications for development including new commercial or mixed use development, redevelopment or modifications to existing uses will include submission of justification that establishes that it: i) will enhance the character of the existing and planned streetscape through the introduction of development which will contribute to the creation of a mixed use and urban built form, and in particular will be designed to be oriented to the street and a minimum of two storeys or equivalent in height; ii) does not compromise the safe and efficient movement of pedestrians and cyclists and is designed to be easily accessible and oriented to pedestrian traffic; and, iii) provides efficient on-site circulation that minimizes vehicle idling time and traffic disruption while creating a safe and comfortable pedestrian environment. In addition, new uses oriented to vehicle use, such as restaurants with "drivethru" facilities, vehicle sales and/or repair uses, or uses involving open storage, 10

in the Mixed Use Area and Shopping Node Area designations shall require an amendment to the Town's Zoning By-law. An application for a Zoning By-law Amendment to permit a new drive-thru facility will be evaluated based on the location and design of the proposed development. Specifically, such development shall be evaluated based on the proposed development meeting the following criteria in addition to satisfying all other applicable policies of this Plan: 0 sufficient separation from permitted residential uses or other site buffering is provided in order to mitigate impacts such as noise, lighting and traffic; ii) convenient and safe pedestrian access is provided between the primary building entrance and adjacent sidewalks and walkways; iii) a strong building edge to reinforce the streetscape; and, iv) the appropriate location of vehicle stacking lanes and sufficient vehicle stacking to: prevent queuing on public streets and other traffic disruption; minimize interference with on-site pedestrian access; create a comfortable pedestrian environment on and in the adjacent public realm; and, ensure efficient vehicle circulation and parking. 9. Sections 2.53, 2.54 and 2.55 of OPA 69/Section 3.9 Mixed Use Area 3.9.4 Land Use Policies 3.9.4.1 New Mixed Use Area Designations The Mixed Use Area designation applies to only those lands currently developed or zoned. Proposals for new Mixed Use Areas or a major expansion of a Mixed Use Area shall require an amendment to the Official Plan. Applications for official plan amendments for new Mixed Use Areas or expansion of existing areas and related zoning by-law amendments shall be evaluated based on conformity with the Growth Management Strategy in Section 3.2 and following criteria: i) -. e. I./. e where a minor expansion is proposed, as determined by the Town, an Official Plan amendment is not required; 11

ii) iii) iv) the site is located on an arterial road; adequate off-street parking, service and loading areas will be provided for all permitted uses and access points to and from such areas shall be limited in number and designed in a manner which will minimize the danger to both pedestrian and vehicular traffic, however, Council may by by-law reduce the parking requirements in the Zoning By-law for a mixed use development in accordance with a parking analysis as set out in Section 3.7.7 iv); the proposed development can be appropriately integrated with adjacent existing and proposed uses as demonstrated by the submission of a conceptual site plan; v) the proposed development includes a mixed use component; and, vi) the development shall have a minimum floor space index generally in the order of 0.3 0.5 and a maximum floor space index of 2 provided that the Town may consider a reduction in the minimum density on specific sites for the initial phase of development where the approved development plan provides for the achievement of the minimum density and/or the introduction of mixed use development. 3.9.4.2 New Developmen Designations in Existing New development or significant redevelopment of existing sites (i.e. complete or almost complete demolition and reconstruction) in existing Mixed Use Areas may include non-residential development, but shall be encouraged to include a mixed use component. New development or significant redevelopment shall be subject to site plan approval and shall be evaluated based on conformity with the Growth Management Strategy in Section 3.2, and in accordance with the policies of Section 9.2.3 'Existing Non-Conforming Uses], and the following criteria, recognizing that where significant redevelopment of existing sites is proposed the review will take into account the context and constraints of the site: i) open storage is limited and screened; ii) iii) parking areas have a landscaped strip around the perimeter in conformity with regulations established in the zoning by-law, which should include a hedge, low fence or wall or other similar screening features and design features as required under site plan control; buildings shall be designed and located to assist in the creation of an attractive streetscape appearance and, there should be no 12

parking between the main building and the street, or parking in that area should be minimized where there is no other alternative. Council may by by-law reduce the parking requirements in the Zoning By-law for a mixed use development in accordance with a parking analysis as set out in Section 3.7.7 iv); iv) lands adjacent to a rear or side property line which abuts a residential area shall be landscaped and lighting shall be directed away from residential areas; v) minimum height 6 metres and maximum height four storeys; and, vi) a minimum floor space index generally in the order of 0.3 0.5 and maximum floor space index of 2.0 provided that the Town may consider a reduction in the minimum density on specific sites for the initial phase of development where the approved development plan provides for the achievement of the minimum density and/or the introduction of mixed use development. 3.9.4.3 Minor Changes to Existing Development in Existing Designations Minor changes (i.e. additions, updates, additional buildings) to existing development in existing Mixed Use Areas may include non-residential development, but shall be encouraged to include a mixed use component where appropriate. Such changes shall be subject to site plan approval and shall be evaluated based on conformity with the Growth Management Strategy in Section 3.2 and the criteria of Section 3.9.4.2 i) iv) inclusive, taking into account the context and constraints of the site including the existing use and development form. With respect to height and density, the development will be evaluated based on conformity with the following criteria: i) minimum height 6 metres for new buildings and additions where such a height can be appropriately integrated with the existing development on the site and maximum height four storeys; and, ii) an increase in the existing floor space index will be encouraged to a maximum floor space index 2.0. 3.9.4.34 Residential Development Medium and High Density residential uses shall be permitted as part of a mixed use development or in accordance with the High Density Residential Area policies in Sections 3.5, subject to a zoning by-law amendment, and the 13

provision, where feasible, of linkages to adjacent residential areas. Council may by by-law reduce the parking requirements in the Zoning By-law for a mixed use development in accordance with a parking analysis as set out in Section 3.7.7 iv). 10. Section 2.49 of OPA 69/Section 3.8 Shopping Node Area 3.8.3.3 New Development in Existing Shopping Nodes The intensification of existing Shopping Nodes will be encouraged, in particular the introduction of mixed use development and high density residential uses through the redevelopment of existing buildings and parking lots. New development shall conform with all the policies of this section: iv) a minimum floor space index of 0.5 generally in the order of 0.3 and a maximum floor space index of 2.0 provided that the Town may consider a reduction in the minimum density on specific sites for the initial phase of development where the approved development plan provides for the achievement of the minimum density; and, 14

Schedule "A" Land Use Plan (illustrating the King Street Corridor) LEGEND ENIVRONMENTAL CONSTRAINT AREA EMPLOYMENT AREA Fi HIGH DENSITY RESIDENTIAL AREA r---1 MAIN CENTRAL AREA MAJOR INSTITUTIONAL I:21 MIXED USE CORRIDOR AREA PARIC AREA RESIDENTIAL AREA SHOPPING NODE AREA SECONDARY PLAN AREA 1 1 II 1 *., Soo Schedule "I" -,7-----c Land U so & Transportation Schedule,s\ Cobourg West Business Pnrk "., Secondary Plan ".' 77.!,,, N., %;:... 7*% '^ %, See Schectule AA ; \ Land Usti Designatkriss,. New AriihirsiComntunity SecOndiriPlan 0 KG 100 X. WO WO Waftaft BUILT BOUNDARY URBAN SETTLEMENT AREA BOUNDARY * SPECIAL PROVISION STABLE RESIDENTIAL AREA MAJOR TRANSIT STATION MAJOR TRANSIT STATION AREA 0 WASTE DISPOSAL ASSESSMENT AREA WATERCOURSE -- FLOODPLAIN SPECIAL POLICY AREA KING STREET CORRIDOR "#',...1......., 1. t... 1..!-!"--- \. a. N --"N; ' :\ ifs557( l eljatjt ;.n r,, ' ;''./../. ) \ - A *)'..'.:'. c. e 1 / /.. \,.._,--- \, %,,J Al., / A.,, See Schedule " H" JA Land UsciSchockdo... t ) Eleln Denimo re ) \,,. " Secondary Plan /.,, /,i / j. \...,),,;'...N. / ' wo"a l t ts'3'.l...1 t I AN..., Sao Schedule "F" Land Use Plan Hatbour Aran Secondary Plan - I t I Li 1::N II k ', ; A ir 1,----''.J '... - -- ý..':------\,, - L ADD King 011.01COWW. See Schedule "Xi" Land Use'Plan Cobourg East Community Secondary Plan Lane Ontario sr --47z L-4 s s _ \ l'; 1 ' st. --- -------------- -- ------ - Town of Cobourg OFFICIAL PLAN Schedule 'A' Land Use Plan further revised December 2013 AUGUST 2002 revised MAY 2010 To Wool updated 1011100 151040 and olnor Duo Inlonnallon such at datignallon lanai, which do nal chant 1/10 Inlanl 01100 Plan

Schedule "A" Land Use Plan (close-up of King Street Corridor).6oN 73'1 lo? eg, ergagr 11-Xt King Street West - 1>, ftaiii 4 4 mimems4 aropt "x 4 101, - Wrj i=k-te ga_ttlf,:=1 NPR See Schedule "F" Land Use Plan Harbour Area Secondary Plan ADD King Street Corridor Lake Ontario

Figure 2 Recommended Modifications to the Town of Cobourg Official Plan in response to an appeal by Sobeys Capital Inc. Official Plan Amendment No. 69 was adopted by the Town in May 25, 2010 and approved by the Ministry of Municipal Affairs and Housing on December 6, 2011. Three appeals were filed. The appeal by Sobeys Capital Inc. related to the policies of the Plan which affect their property at 990-1000 Division Street, and 0 Paterson Street (Foodland). The following modifications are proposed to resolve the appeal by Sobeys Capital Inc. with proposed additions shown as underlined and deletions as struck out. 1. Addition of the following new section to Section 3, Shopping Node Area Special Provisions 3.8.4.3 990-1000 Division Street, 0 Paterson Street 3.8.4.3.1 Permitted Uses, Buildings and Structures The uses, buildings and structures permitted in Section 3.8.2. 3.8.4.3.1 Land Use Policies The subject lands are located within a commercial corridor which is predominantly designated Mixed Use Area -- a major intensification area in the Official Plan. The special Shopping Node Area designation applicable to the subject lands is intended to recognize the existing supermarket use and provide an opportunity for future intensification of the site for commercial, mixed use and/or high density residential uses. New development in this special Shopping Node Area designation may include non-residential development but shall be encouraged to include a mixed use or high density residential component. New development shall be evaluated based on conformity with the policies of Section 3.2 Growth Management Strategy, Section 3.8 Shopping Node Area, Section 3.9.4.4 Mixed Use Area Residential Development and all other applicable policies of the Official Plan. 17