GOLDBERG GROUP LAND USE PLANNING AND DEVELOPMENT '. .2098 AVENUE ROAD, TORONTO, ONTARlO M5'14A8 _ \/TEL:416-322-5364 FAX',4l6*932‘9327

.December 19‘ 2016 MICHAEL S. GOLDBERG. MCIP RPP

mgoIdbe1'g@goIdbe1ggroup.:u

Mr. Craig Larmour, Director (416) 322-6364 E><T- 2100

Niagara-on-the-LakeCommunity and Development Services1593 Four Mile Creek RoadPO Box 100Virgil, ONLOS 1T0

Dear Mr. Larmour:

RE: Zoning By-law Amendment ApplicationSouth Service Road/Taylor RoadlG|enda|e AvenueThe Outlet Collection (Niagara) LimitedTown of Niagara-on-the-LakeAssociated Site Plan Approval

1.0 Introduction

We are the planning consultants for The Outlet Collection (Niagara) Limited, owners ofapproximately 25.21 ha (62.30 ac) of lands, located at the southwest quadrant of theQueen Elizabeth Way (QEW) and Glendale Avenue, in the Town of Niagara-on-the-Lake(Subject Site). The Subject Site is currently occupied by the Outlet Collection at NiagaraOutlet Centre.

A Planning Report supporting the existing Outlet Collection at Niagara Outlet Centre wasprepared and submitted by our firm as part of the original Regional Policy Amendment andZoning By—|awAmendment Applications in September 2011. Approvals for the OutletCentre were issued by the Ontario Municipal Board (OMB) on December 28, 2012 followinga settlement between all applicants. Several Site Plan Amendment approvals have beenissued since.

The current Zoning By-law Amendment (ZBA) Application seeks to add as permitted usesto the zoning by-law, a Mobile Food Truck use, Picnic area (referred to as Picnic in thePark), Special Event use, Postal Outlet and Courier Service Establishment, and a Pet-Grooming Establishment use. These proposed uses augment the existing permitted useswhile maintaining the planned function and operation of the Outlet Centre for regionalserving retail and service commercial uses. This letter provides the required land useplanning justification in support of this ZBA Application. Additional reference can be madeto our 2011 Planning Report for a more in depth policy analysis. A Site Plan Amendmentapplication will be subsequently filed.

On behalf of The Outlet Collection (Niagara) Limited, we are pleased to file this Zoning By-law Amendment application. In support of this application, the following materials areincluded in the submission package:

1. Two (2) copies of a completed ZBA application;

Mr. Craig Larmour December 19, 2016Town of Niagara-on—the-Lake Page 2

2. Five (5) copies of the Draft ZBA document;

3. A cheque in the amount of $2,200.00 made out to Town of Niagara-on-the-Lakerepresenting the ZBAap

4. A cheque in the amount of $2,500.00 made out to Town of Niagara—on—the—Lakerepresenting the ZBA Cost Acknowledgment fee;

5. A cheque in the amount of $300.00 made out to Regional Municipality of Niagara astheir review fee;

6. Five (5) full—size(11 x 17) copies and one (1) 8.5 x 11 reduction of the followingplans:

i) Site Plan, dated September 22, 2016;ii) Proposed Picnic on the Park Layout, dated November 14, 2016;iii) Picnic in the Park Rendering/Elevation; and

7. One (1) CD-Rom with digital copies of the above plans.

2.0 Background

A pre-consultation meeting with Town and Niagara Peninsula Conservation Authority Staffwas held on December 1, 2016 where the applications and the related submissionrequirements were discussed. Staff expressed the preference that this proceed by way of aZoning By-law Amendment application as opposed to a Minor Variance application. A SitePlan Amendment application is also required. Staff also advised that representatives fromthe Region of Niagara were not present as they had no interest in the application.

3.0 Existing Site and Area Context

The subject site is located at the southwest quadrant of Glendale Avenue and the QEW inthe Town of Niagara-on-the-Lake, and is municipally known as 300 Taylor Road. Thesubject site is approximately 25.21 ha (62.30 ac) in size, with approximately 612.32 m(2008.92 ft) of exposure to/from the QEW.

The subject site is currently occupied by the large Outlet Collection at Niagara OutletCentre which contains an approximate gross leasable area of 44,476 m’ (478,742 ft?) TheOutlet Centre consists of several buildings comprised of numerous retail and servicecommercial units, a food court building, and approximately 3 large anchor tenants.

The subject site is surrounded by the following uses and is summarized in the following:

To the northeast - The QEW, south of which, is the White Oaks Inn across the streetfrom the subject site on Taylor Road. White Oaks Inn is anestablished conference resort and spa, comprised of a hotel,conference centre, banquet facilities, a spa, and fitness racquet club;

To the northwest - To the immediate northwest of the site on the southeast corner ofHomer Road and Taylor Road is the box retailer of Leon’s furniturestore. This store has approximately 90,000 ft2of floor area, inclusiveof its warehouse area;

Mr. Craig LarmourTown of Niagara—on-the—Lake

To the east-

To the south -

4.0

December 19, 2016Page 3

Diagonally across the intersection of Taylor Road and GlendaleAvenue is the campus of Niagara College serving a population ofapproximately 9,000 students;

To the south of the subject site are vacant lands, with the exceptionof a stormwater management pond, which are a part of the approvedNiagara-on-the-Green Properties residential draft plan of subdivisionwhich has been developing for approximately 20 years. The portionof the subdivision south of Glendale Avenue is constructed andoccupied with low and medium density dwellings. The Royal NiagaraGolf Club operates south of the existing residential subdivision whichincludes a 27 hole golf course and 279 m2 (3,000 ftz)of meetingspace. West of the Royal Niagara Golf Club are lands occupied byGeneral Motors of Canada Plant. This plant is part of the St.Catharines Glendale Avenue Power-train Plant, which manufacturesengine components and assembles engines.

Proposed Revisions to Existing Site Plan

The following revisions are proposed to the existing Site Plan:

1. A Picnic in the Park area, of approximately 696.77 m2 (7,500 ftz) in size, is proposedin the southeastern portion of the Outlet Mail. It willbe situated between The Eaterybuilding and the Gap store and will replace the existing walkways and sod area. ThePicnic in the Park area will consist of three areas to accommodate food trucks, asea can, a seating area with tables for customers, and a new gate;

The proposed food trucks will be located directly adjacent to The Eatery food courtbuilding and willneed to ensure appropriate OBC distance separation between eachtruck and the wall of the Eatery building. Access to/from the food trucks will be fromthe existing parking area to the south of the Outlet Mall and the Picnic in the Parkarea and through the new gate. The sea can is proposed to be located along thesouthern portion of the Picnic in the Park area and will assist in defining theperimeter of this area;

The proposed customer seating area will be located at the northwestern portion ofthe Picnic in the Park area and will include astro—turfground cover, tables andchairs, umbrellas, lounge chairs, and a bar table with seating. New planters arebeing proposed along the western extent of this area and hanging lights are beingproposed above this area;

As part of this application, the Mobile Food Truck use will need to be added to thelist of permitted uses in Zoning By-law 4316-09. In addition, Special Event, PostalOutlet or Courier Service Establishment, and Pet—Grooming Establishment uses arebeing proposed to add appropriate uses to the list of offerings of the Outlet Centre.These uses, like many of the other uses on site, function as accessory or supportuses to the main permitted uses on site. As such, these uses will augment theofferings of the facility and will maintain the planned function and operation of theOutlet Centre for regional serving retail and service commercial uses. No impactsare anticipated to arise from the approval of this application on the surrounding areaand/or other commercial uses within the Town;

Mr. Craig Larmour December 19, 2016Town of Niagara~on—the—Lake Page 4

5. As the Picnic in the Park area is an outdoor use and does not contain any buildingarea, it will not have any impact on the overall number of parking spaces required.It simply adds to the amenity offered at the Outlet Centre;

6. Coloured Rendering/Elevations are included as part of this submission. These showthe proposed food trucks, sea can, seating areas, and landscaping.

5.0 Town of Niagara-on-the-Lake Official Plan and Glendale Secondary Plan

The Town of Niagara-on-the-Lake Official Plan (Town OP), as amended by OPA 54,designates the subject site as “Mixed Use Destination” and “Village Centre” within SpecialPolicy Area A-7, the Glendale Secondary Plan (GSP) Area. The Town OP contains policiesrelated to the Regional Commercial (Niagara-on-the—Green) designation which applies tothe subject site and was the previous designation applicable to a portion of the site. Thesepolicies limit the overall gross leasable area to 650,000 ft 2 (60,387 m2) subject to phasingrestrictions.

The Mixed Use Destination Area in the GSP is intended as a major inter—Regionalshoppingand entertainment destination, complementing the Towns other visitor attractions. It is alsointended to make Glendale a more complete community by providing amenities forresidents, workers and students and integrating a mix of land uses over time. Section 3.6 ofthe GSP provides for a number of land use and design related policy guidance and permitsnumerous commercial uses including restaurants, personal or business service, and placesof entertainment and amusement. The design related policies address building and parkingarea design, among other things, and require that development be pedestrian friendly andthat the pedestrian realm be generous, interconnected and designed to a high standard.

The Village Centre in the GSP is intended to accommodate over time a mix of uses andprovide a focal point for commercial and social activities for residents, workers, studentsand visitors in Glendale. Development in the Village Centre should be oriented topedestrian—friend|y streets, including Taylor Road, and potentially a publicly accessibleurban square or village green. This designation permits numerous commercial and socialuses including restaurants, retail stores, and convention centres. The design relatedpolicies address building, servicing, and parking design, and state that on the west side ofTaylor Road, buildings shall address and have main entrances on a street or open spaces,forming an urban edge. Parking shall not be located between the front of buildings and thestreet.

Section 6.31 of the Town OP specifically addresses Special Events and requires that theyare in association with a main use or secondary use permitted in any designation providedthat the proponent has received permission of the Town in advance of the event. If the useis not directly related to a dominant use of the site, an amendment to the zoning bylaw or atemporary bylaw is required. in addition, Special Events will not be permitted where in theopinion of Council, the event will create a nuisance, be offensive or incompatible withsurrounding uses.

The proposed Picnic in the Park, Special Event, Postal Outlet or Courier ServiceEstablishment, and Pet-Grooming Establishment uses are permitted uses within the MixedUse Destination Area and Village Centre designations of the Town OP and GSP. Theseuses will maintain the intended function and operation of the Outlet Centre for retail andservice commercial uses, and will be accessory to these uses, without having anyanticipated impacts on the surrounding uses or other commercial uses within the Town.

Mr. Craig Larmour December 19, 2016Town of Niagara-on-the-Lake page 5

The proposed Picnic in the Park area will not increase the gross leasable area of the OutletCentre as it is an outdoor use. In our opinion, the proposed design of the Picnic in the Parkarea is in conformity with and promotes the objectives and policies of the Town OP. Theproposed area has been designed to locate the food truck use next to the existingrestaurants located in the Eatery building and to locate the sea can along the southperimeter of this area to act as a barrier from the existing parking area. The area features ahigh quality standard of design in providing a variety of seating areas, tables, lighting andother landscaping that will further program and animate this area to foster a friendlierpedestrian environment and an amenity in the Outlet Centre.

In view of the above, the subject application is in conformity with the Town OP and theGSP.

6.0 Town of Niagara-on-the-Lake Zoning By-law 4316-09

The subject site is zoned Regional Commercial (RC(a)—13 and RC(b)-13) in the Town ofNiagara-on-the-Lake Zoning By-law 4316-09, as amended. These zones are site specific tothe subject site and are consolidated for the majority of permitted uses except for drive-through restaurant which is permitted only in the RC(b)—13zone. Restaurants, take outrestaurants, retail stores, and retail kiosks and retail carts are among some of the permittedcommercial uses. As Mobile Food Truck, Special Event, Postal Outlet or Courier ServiceEstablishment, and Pet-Grooming Establishment uses are not currently permitted, a ZoningBy-law Amendment is required to expand the list of permitted uses on the subject site. Nosite standards are being amended.

7.0 Planning Analysis

The addition of the Mobile Food Truck, Special Event, Postal Outlet or Courier ServiceEstablishment, and Pet-Grooming Establishment uses requires an amendment to the By-law since the uses are currently not permitted on the subject site in the Zoning By-law. Nozoning standards are being amended as the Picnic in the Park use is an outdoor use.

The proposed uses would maintain the intended function and operation of the Outlet Centrefor regional serving retail and service commercial uses, and will, in part, be accessory orsupportive of these uses, without having anticipated impacts on the surrounding uses orother commercial uses within the Town.

The existing site features numerous restaurants, which are currently permitted under theZoning By-law, located within the Eatery building which also contains a common eatingarea. As such, these restaurants are like take—outrestaurants under the Zoning By-law astheir function is to prepare, package and offer sale of food to the general public forconsumption off the premises of the establishment. In this case, a common eating area.The Mobile Food Truck use will function and operate the same way, with the only differencebeing that it has wheels and can be relocated as required. Customers will purchase thefood from the food truck and have the option to consume it in the existing on site commoneating area or the proposed eating area in the Picnic in the Park.

The proposed Special Event, Postal Outlet or Courier Service Establishment, and Pet-Grooming Establishment uses would implement the permitted personal or business service,and places of entertainment and amusement uses currently contemplated by the Mixed UseDestination designation in the GSP. The Special Event use would be associated with theexisting commercial use and could feature temporary live entertainment, or other types ofevents, such as art shows, that would be located within temporary structures or tents, andmay include food and alcohol. Also, the Postal Outlet or Courier Service Establishment and

Mr. Craig Larmour December 19, 2016Town of Niagara-on-the-Lake page5

Pet-Grooming Establishment are commercial uses that would provide a service forbusinesses or residents, in the area and are typically permitted uses found in most largeretail centres.

8.0 Overall Conclusion

The subject ZBA application is required to add the Mobile Food Truck use and eating area,Special Event, Postal Outlet and Courier Service Establishment, and Pet-GroomingEstablishment uses. No development standards are being amended. A SPA application willbe filed subsequently.

This planning letter has provided an analysis of the subject proposal in relation to theapplicable planning policy documents. We conclude that the proposed uses will maintainthe planned function and operation of the Outlet Centre for regional serving retail andservice commercial uses, while being accessory or supportive of these uses. In addition,there are no anticipated impacts on the surrounding uses or other commercial uses withinthe Town as a result of this application.

In view of the above, the subject application, will successfully implement the applicableplanning policy documents; is sufficiently justified from a planning perspective; is ameritorious planning proposal; is in the public interest; and represents good planning.Accordingly, it warrants the support of Staff and the approval of Town Council.

We trust that this application package is in order. if you have any questions or requireadditional information, please do not hesitate to contact me at (416) 322-6364 ext. 2100.

Yours truly, .,GOLDBERGGROUP

Michael‘o|)5)/erg,?MClP,RPPPrincipal /Cc: Nicole Vicano, Ivanhoe Cambridge

Neil Palmer, Niagara—on—the—GreenProperties Inc.David Moore, Pellow + associates architects inc.