PLANNING JUSTIFICATION REPORT - Burlington · Planning Justification Report – 1621158 Ontario...

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PLANNING JUSTIFICATION REPORT

Zoning By-Law Amendment

Proposed Stand Alone Day Care Centre – Emery Investments

4903 Thomas Alton Way

Block 24, Plan 20M-1034

City of Burlington

June 2016

Korsiak | Urban Planning 206-277 Lakeshore Road East Oakville, Ontario, L6J 1H9

Tel: 905-257-0227 E: [email protected]

Prepared for: Prepared by:

1621158 Ontario Ltd. (Emery Investments) Korsiak Urban Planning

Planning Justification Report – 1621158 Ontario Ltd. (Emery Investments) 1

PLANNING JUSTIFICATION REPORT

Zoning By-Law Amendment

Proposed Stand Alone Day Care Centre – Emery Investments

4903 Thomas Alton Way

Block 24, Plan 20M-1034

City of Burlington

Introduction

Korsiak Urban Planning has been retained by 1621158 Ontario Ltd. (Emery Investments) to prepare

this Planning Justification Report in support of a rezoning application required to allow for a stand-

alone day care centre on lands located immediately west of Appleby Line, between Palladium Way and

Thomas Alton Boulevard in the City of Burlington.

Emery Investments has retained the assistance of additional specialized consultants. The following

reports have been prepared under separate cover in support of the proposed rezoning:

• Letter of Opinion – Noise − Valcoustics Canada Ltd.

• Traffic and Parking Brief − Paradigm Transportation Solutions Limited

• Phase 1 Environmental Site Assessment − Soil Engineers Ltd.

Purpose of Report

The purpose of this Planning Justification Report is to outline the nature of the proposed rezoning and

to evaluate the proposal in the context of the policies of the Provincial Policy Statement, the Region of

Halton and the City of Burlington. The report also provides a Risk Assessment in accordance with

Provincial regulations and local policies.


Zoning

Existing Zoning

The subject lands are currently zoned Mixed Use Corridor Employment Exception 322 (MXE-322) by

By-law 2020, as amended. A range of uses are permitted in this zone including commercial, office,

hospitality, automotive and community institution uses. Day care centres are permitted as an

accessory use only. Therefore, a zoning By-law amendment is required to permit a day care centre as

a principal use.

Proposed Zoning

The proposal seeks to rezone the subject lands by way of a modification to the Mixed Use Corridor

Employment Exception 322 (MXE-322) Zone in order to permit the development of a stand-alone day

care centre. A draft amending zoning By-law is appended to this report as Appendix 1.

Need for a Day Care Centre in the Alton Community

The Alton Central East Community will continue to experience both residential and commercial growth

in the coming years. As illustrated in Figure 1 – Aerial Photo, the subject site is in a preferred location

to accommodate the growing demand of current and future residents and employees. Thus, a day

care centre as a principal use is proposed.

Proposed Day Care Centre

Emery Investments would like to develop a day care centre on the subject property. At this time, it is

unclear whether the proposal would be located in one of the two existing buildings on the property or

as part of phase two of the site development. The proposed amendment to the zoning by-law will

provide this flexibility. As shown on Figure 2 –Site Plan, access the site is provided via existing

entrances on Appleby Line, Palladium Way and Thomas Alton Boulevard. The future day care centre

will include an internal driveway network (to accommodate drop off/pick up of children), play areas,

landscape areas and shared parking with the existing buildings on the property. It is expected that

these details will be addressed via a minor modification to the previous Site Plan Approval for this

block.

Business Corridor Regional

Commercial

Hydro Corridor

Hydro Corridor

Appleby Line

Palladium

Way

Mikalda Road

Thom

as A

lton

Blvd

.

Columbus Drive

Valera RoadVerdi Street

Capri Cres.

Existing LowDensity Residential

Existing Medium Density

Residential

FutureHigh DensityResidential

Existing Medium DensityResidential

RegionalCommercial

Additional LandsOwned By Applicant

Additional LandsOwned By Applicant

Subject Lands

File Number 505-03/15

Scale - 1:2500 April 14, 2016

206-277 Lakeshore Road EastOakville, Ontario L6J 1H9

T: [email protected]

Aerial PhotoAppleby Line

Hig

hway

407

Dun

das

Stre

et

Walkers Line

Key PlanNTS

Subject Lands

Additional LandsOwned By the Applicant

S:\Korsiak & Company\EMERY\Alton Palladium Way\aerial photo\April 16\Aerial Photo MUC Employment April 14 16.dwg, LC Figure 1AERIAL PHOTO

Figure 2SITE PLAN


Site Description

The proposed day care centre site is located within the Alton Community, west of Appleby Line,

between Palladium Way and Thomas Alton Boulevard. The property is municipally known as 4903

Thomas Alton Boulevard and is approximately 2.6 ha in size. There are currently two 2-storey

commercial buildings on the site with approximate areas of 1,400 m2 each. At the time the site plan

was registered, it was anticipated that a second phase of development would feature an additional

two buildings abutting the western lot line (Figure 2 – Site Plan). The balance of the site is a paved

parking lot with reserve footprints along the western lot line to accommodate future development.

Appleby Line is a Major Arterial road while Thomas Alton Boulevard and Palladium Way are collector

roads. The subject site is directly served by three local transit routes via the Thomas Alton Boulevard

/ Appleby Line intersection. They include: the Sutton – Alton (11) route; the Appleby– Walkers (15a

& 15b) routes; and the Burlington Northeast – Late Night (51) route. Both the Sutton – Alton and

Appleby - Walkers routes connect to the Appleby GO Station while the former also connects to the 407

GO Station.

Surrounding Land Uses

As shown on Figure 1 – Aerial Photo, the subject property is bound by Palladium Way to the north and

vacant industrial lands owned by Emery Investments. The site is bound to the east by Appleby Line

and mostly vacant lands commercial lands beyond. The property is bound to the south by Thomas

Alton Boulevard. Across the boulevard are Neigbourhood Commercial lands also owned by Emery

Investments, currently under Official Plan Amendment review (505-03/15). To the west are vacant

future High Density Residential lands owned by Adi Development Group Inc. currently under Official

Plan Amendment/Zoning By-law Amendment (505-05-15 & 520-08/15) review by the City. The balance

of the Alton Central East Community west of the subject property features predominantly low and

medium density residential built out to Walkers Line, with the exception of a few schools and

commercial uses abutting Walkers Line.


Policy Framework

Provincial Policy Statement

The Provincial Policy Statement (2014) contains policies relating to the management and direction of

land uses to achieve efficient and resilient development and land use patterns.

Section 1.1.1 states: “Healthy, livable and safe communities are sustained by:

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 of close to

settlement areas;”

Policies in the ‘Settlement Areas’ section states:

“1.1.3.1 Settlement areas shall be the focus of growth and their vitality and regeneration

shall be promoted;

1.1.3.2 Land use patterns within settlement areas shall be based on:

a) densities and a mix of land uses which:

1. efficiently use land and resources;

2. are appropriate for, and efficiently use, the infrastructure and public service

facilities which are planned or available, and avoid the need for their

unjustified and/or uneconomical expansion”.

4. support active transportation;

5. are transit-supportive, where transit is planned, exists or may be developed;”

The proposed development conforms to the PPS by introducing an institutional use that will meet the

long term needs of the Alton Community. The subject lands are situated in a settlement area which is


identified as an area to be the focus of growth. The proposed development is adjacent to the built out

area and optimizes planned or available infrastructure and public service facilities.

Growth Plan for the Greater Golden Horseshoe

The Growth Plan for the Greater Golden Horseshoe is a framework for implementing the Government

of Ontario's vision for building stronger, prosperous communities by better managing growth in the

region. The subject lands are located within the ‘Designated Greenfield Area’ of the plan. Section

2.2.7, Designated Greenfield Areas, states that:

“(1) new development taking place in designated greenfield areas will be planned, designated,

zoned and designed in a manner that –

a. contributes to creating complete communities

b. creates street configurations, densities, and an urban form that support walking,

cycling, and the early integration and sustained viability of transit services

c. provides a diverse mix of land uses, including residential and employment uses, to

support vibrant neighbourhoods

d. creates high quality public open spaces with site design and urban design standards

that support opportunities for transit, walking and cycling.”

The proposed day care centre will assist in ‘completing’ the Alton Community by adding a vital

community service and employment opportunities. The proposed development will make use of

existing infrastructure and is transit supportive. Thus, the proposal aligns with the provincial interest.

Region of Halton Official Plan

The subject lands are designated ‘Urban Area’ in the Halton Region’s Official Plan. Policies governing

this designation direct future growth to urban areas. Policies relevant to the proposed development

include:

72. The objectives of the Urban Area are:

72(2) To support a form of growth that is compact and supportive of transit usage and non-motorized modes of travel, reduces the dependence on the automobile, makes efficient use of space and services, promotes live-work relationships and fosters a strong and competitive economy;


72(10) To provide for an appropriate range and balance of employment uses including industrial, office and retail and institutional uses to meet long- term needs;

143. It is the policy of the Region to:

143(12) Require the proponent of sensitive land uses in proximity to industrial, transportation and utility sources of noise, vibration, odour and air pollutants to complete appropriate studies and undertake necessary mitigating actions, in accordance with the Region’s Land Use Compatibility Guidelines, Air Quality Impact Assessment Guidelines, and any applicable Ministry of the Environment guidelines. Specifically, an air quality study based on guidelines under Section 143(2.1) is required for such development proposals within 30m of a Major Arterial or Provincial Highway, or 150m of a Provincial Freeway, as defined by Map 3 of this Plan.

The proposed development conforms to the aforementioned policies of the Region of Halton Official

Plan by providing an institutional and employment use to the neighbourhood. The proposal also

supports and promotes walking, cycling and transit use while making efficient use of existing and

proposed services. The issue of sensitive land use in proximity to industrial uses is addressed in the

section to follow.

City of Burlington Official Plan - Official Plan Amendment No. 3 – Alton Community Secondary Plan

The subject lands are part of the Alton Community Secondary Plan and have since been consolidated

into the Official Plan as site specific policies. Guiding principles of the Plan include a mixed use

community with the following objectives or characteristics: a wide range of employment uses;

neighbourhood and arterial commercial use; a range of housing densities and types; live-work

opportunities; a strong design emphasis on the pedestrian environment and public realm; a street

network that is highly interconnected and based on a grid; and transit-supportive collector streets

having reduced driveway access. To date, development has reflected these policies and will continue

to moving forward. The subject lands are located within the City of Burlington’s Mixed Use Activity

Area and are designated ‘Mixed Use Corridor – Employment Oriented’ on Schedule ‘B’ of the Official

Plan.


As per Section 5.3.4 a) (ix) of Part III – Land Use Policies – Urban Planning, the subject lands “are

primarily intended for higher intensity, transit and pedestrian oriented employment development”.

Permitted uses include:

5.3.4 b) “industrial uses; a broad range of office uses, a limited range of retail, service commercial

and personal service uses which serve the day to day needs of employees; financial

institutions and services; entertainment, recreation and other community facilities such as

libraries and day care centres and motor vehicle dealerships”.

The above policy permits day care centres in the Mixed Use Corridor – Employment Oriented area.

The proposed day care centre will provide an essential service for people who live and work in the

Alton Community and is in close proximity to existing and planned services and community

infrastructure.

Risk Assessment - The Ministry of Environment (MOE) Guideline D-6

The City of Burlington’s Official Plan defines Sensitive Land Uses as:

“Buildings, amenity areas, or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one or more adverse effects from contaminant discharges generated by a nearby major facility. Sensitive land uses may be a part of the natural or built environment. Examples may include, but are not limited to: residences, day care centres, and educational and health facilities”.

As per the City’s development application Appendix, Sensitive Land Use (Risk Assessment) Reports are

required for applications proposing sensitive land uses in proximity to existing industrial uses in

accordance with Part II, Section 2.7.3 subsection n) & o) and Part II, Section 4.3 subsection d) of the

City’s Official Plan, Part IV, Section 143 of the Regional Official Plan and the Ministry of the Environment

D-6 series guidelines. The Ministry of Environment’s (MOE) Guideline D-6 is intended to be applied

when a change of land use is proposed to prevent or minimize future land uses problems due to the

encroachment of sensitive land uses and industrial land uses on one another. The D-series identifies

“potential areas of influence” in which adverse effects ‘may’ be experienced within industrial use areas

as follows:


Ministry of Environment: D-Series – INDUSTRIAL USES Potential Areas of Influences and Minimum Separation Distances

Industrial Facility Potential area of Influence (metres) Minimum Separation Distance (metres)

Class I 70 20

Class II 300 70

Class III 1000 300

At the pre-consultation, planning staff advised that the D6 Guideline Assessment / Risk Assessment is

required to examine the potential level of risk that transportation or industrial facilities within a 300

metre radius may have on the proposed sensitive land use. It is noted that the proposal is not

requesting a change in land use as Day Care Centres are permitted in the Official Plan and permitted

as an accessory use to a principal use in the Zoning By-law. Rather, the proposal is requesting that Day

Care Centres be permitted as a principal use on the subject lands.

Existing Industrial Uses

As per Figure 3 – Surrounding Land Uses, the only existing industrial uses within a 300 metre radius of

the subject property are located at 3096 and 3090 Harrison Court. Those lands are zoned H-GE1-400,

meaning the only uses permitted on the lands are those that legally existed on the date of the passage

of Zoning By-law 2020.264, until the provisions for the Holding provision have been met. The lands

currently serve as a dispatch property for a utility contractor (Aecon Utilities) and light

industrial/storage uses. The lands are adequately buffered by both Appleby Line and the Hydro

Corridor. As such, the land uses described above are classed as ‘Class I Industrial Facility’, meaning

they have a low probability of adversely effecting nearby sensitive lands.

Future Industrial Uses

Section 4.4.5 – Vacant Industrial Uses of the MOE’s Guideline D-6, states “where there is no existing

industrial facility within the area designated or zoned for industrial land uses, determination of the

potential influence area shall be based upon a hypothetical ‘worst case scenario’ for which the zoned

area is committed”. As such, the vacant industrial lands to the north and north-east of the subject

property are designated Business Corridor in the Official Plan are “to provide locations in the City for

prestige-type offices and industrial uses.” As there are no obnoxious industrial uses permitted in the

Business Corridor

BC1 - 409

RegionalCommercial

CR - 408

RegionalCommercial

GeneralEmployment

CR - 408

H - GE1 - 400

CR - 418

RegionalCommercial

Development

D

Business Corridor

Hydro Corridor

Hydro Corridor

Appleby Line

PalladiumW

ayMikalda Road

Mik

alda

Roa

d

DeForest

Ferris Street

Sim

pson

Driv

e

Cline Street

Sharp Road

Thom

as A

lton

Blvd

.

Columbus Drive

Valera Road

Verdi Street

Seal

ey C

res.

Capri Cres.

4853 Palladuim Way

Highw

ay 407

Dundas Street

MUC-Employment

4903 Thomas Alton Blvd.Neighbourhood

Commercial


4880 Valera Rd.

Furguson Road

Open Space


Doug Wright Drive

Existing Medium Density

Residential

FutureHigh DensityResidential

Existing Medium DensityResidential


CN1 - 332

MXE - 322BC1 - 448

Cres.

RegionalCommercial

CR - 261

Stone ProductsWholesale

andLandscapeContracting

H - GE1 - 315

Brick Plantand

Shale Extraction

GE1 - 359

H - GE1

3096 Harrison Ct. 3090

Harrison Ct.

CR - 312

300m

300m

600m

Scale - 1:7500 April 19, 2016

206-277 Lakeshore Road EastOakville, Ontario L6J 1H9

T: [email protected]

Surrounding Land Uses

Appleby Line

Hig

hway

407

Dun

das

Stre

et

Walkers Line

Key PlanNTS

Subject Lands

Additional LandsOwned By the Applicant

S:\Korsiak & Company\EMERY\Alton Palladium Way\aerial photo\Aerial Photo Apr 19 16.dwg, LC Figure 3 SURROUNDING LAND USES


BC1-448 & BC1-409 zones, the area of potential influence is minimal. As such, the future employment

land uses described above are also classed as ‘Class I Industrial Facility’.

As described above, the existing and future industrial uses in proximity to the proposed day care site

are/will be non-obnoxious in nature. These Class I Industrial Facilities have a low probability of

adversely effecting nearby sensitive lands. Likewise, Day Care Centres are a permitted land use in the

Official Plan and are permitted as an accessory use to a principal use in the Zoning By-law on the. As

the use is already permitted on the subject lands in principle, it is our opinion that the proposed stand-

alone day care will be compatible with existing and potential future industrial uses in the vicinity of the

site.

Planning Opinion

The proposed Zoning By-law amendment is justified and represents good planning for the following reasons:

1. The proposal conforms to the Provincial Policy Statement, Regional Official Plan and Local Official Plan;

2. The proposed day care centre is in the public interest as it will meet the current and long term needs of residents in the Alton Community;

3. The proposed site represents Emery Investment’s preferred location for a day care centre to serve the eastern portion of Alton Community;

4. The location of the proposed day care centre is at the intersection of two major roads that support and promote the use of transit;

5. The proposal supports the overall Alton Community neighbourhood structure;

6. The proposed development is readily serviced; and

7. The proposal is compatible with existing and planned uses.

APPENDIX A

THE CORPORATION OF THE CITY OF BURLINGTON

BY-LAW NUMBER 2020.AAA

A By-law to amend By-law 2020, as amended;

to permit a day care centre as a principal use at 4903 Thomas Alton Boulevard

File No.:

WHEREAS Section 34(1) of the Planning Act, R.S.O., 1990, c. P. 13, as amended, States that Zoning By-laws may be passed by the councils of local municipalities; 1. Part 14 of By-law 2020, as amended, Exceptions to Zone Designations, is

amended by modifying Exception 322 as follows:

EXCEPTION NO. 322

1. Yard abutting a street: 6 metres maximum

2. Additional Permitted Use: Day Care Centre subject to Part 1, Section 2.21 (f) regulations

Except as amended herein, all other provisions of this By-law, as amended, shall apply.

2 a) When no notice of appeal is filed pursuant to the provisions of the Planning Act, R.S.O. 1990, c.P.13, as amended, this By-law shall be deemed to have come into force on the day it was passed.

2 b) If one or more appeals are filed pursuant to the provisions of the Planning Act, as amended, this By-law does not come into force until all appeals have been finally disposed of, and except for such parts as are repealed or amended in accordance with an order of the Ontario Municipal Board this By-law shall be deemed to have come into force on the day it was passed.

APPENDIX A

ENACTED AND PASSED this …….day of…………………2016.

____________________________ MAYOR

___________________________CITY CLERK

RAL4

BC1 - 409

CR - 408

CR - 408

CR - 418

D

CN1 - 332

MXE - 332

RAL4 - 331

RAL3 - 330

BC1 - 448

S

R

A

L

4

P

a

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W

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S

Appleby Line

T

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B

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e

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RAL4

R

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RAL1

Sketch No. 1LOCATION / ZONING SKETCH

Application by 1621158 Ontario Ltd. (Emery Investments) to amend the Zoning By-Law of the City of Burlington to permit a Day Care Centre as a principal use.

SUBJECT PROPERTYFILE NO.

DATE: APRIL 12, 2016PLANNING AND BUILDING DEPARTMENTDEVELOPMENT AND INFRASTRUCTURE DIVISION

GENERAL ZONING LEGENDLow Density Medium Density High Density Mixed Use Commercial Employment

RAL1 RAL3 RAL4 RAL4

Other

CN1

CR

BC1 D

S

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