PLANNING JUSTIFICATION REPORT

OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS

CAPREIT LIMITED PARTNERSHIP

PROPOSED FITNESS CLUB

1360 WHITE OAKS BLVD. & 1297 & 1289 MARLBOROUGH COURT

TOWN OF OAKVILLE, REGION OF HALTON

August 2016

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August 2016

PLANNING JUSTIFICATION REPORT

OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS CAPREIT LIMITED PARTNERSHIP

PROPOSED FITNESS CLUB 1360 WHITE OAKS BLVD. & 1297 MARLBOROUGH COURT

TOWN OF OAKVILLE, REGION OF HALTON INTRODUCTION Wellings Planning Consultants Inc. has been retained by Capreit Limited Partnership (“Capreit”) to provide a Planning Justification Report for the proposed interior renovation of existing, vacant residential ground floor amenity space for a new fitness club with a Gross Floor Area (“GFA”) of approximately 838 square metres (approximately 9,020 square feet). PROPERTY LOCATION The subject lands contain two (2), 18 storey rental apartment buildings (1360 White Oaks Blvd. and 1297 Marlborough Court) and a commercial plaza (1289 Marlborough Court). 1360 White Oaks Blvd. contains 125 apartment units (majority two (2) bedrooms + den) and 1297 Marlborough Court contains 141 apartment units (majority two (2) bedrooms + den). The commercial development located at 1289 Marlborough Court contains fourteen (14) commercial uses, including a separate Burger King drive-through restaurant and thirteen (13) commercial units in the one-storey plaza format. Three (3) of these units front Marlborough Court (south side of the plaza) and eight (8) units plus the Burger King building front Trafalgar Road. Two (2) small service commercial uses (barber shop and hair salon) front the internal courtyard at the base of 1297 Marlborough Court. The total existing commercial floor space is approximately 3,017.5 square metres (approximately 32,480.0 square feet). Heritage Montessori school (community use) is located at the base of 1360 White Oaks Blvd. A proposed fitness club with a GFA of 838 square metres (approximately 9,020 square feet) is proposed within vacant space at the base of 1360 White Oaks Blvd. (see Figure 1 below).

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No additional parking spaces are planned for the proposed re-development. Fitness club users will use the existing commercial parking fronting Trafalgar Road and walk through the path between the commercial buildings to the courtyard and enter the fitness club.

Figure 1 – Subject Lands – 1289 and 1297 Marlborough Court and 1360 White Oaks Blvd. SURROUNDING LAND USES The land to the northeast of 1360 White Oaks Blvd. contains an apartment building located at 1359 White Oaks Blvd. (see Figure 2 below). The commercial buildings on the subject lands are shown in Figure 3 below (southwest of the apartment buildings on the same lot). The land to the northwest contains single detached dwellings located on Erin Street (see Figure 4 above). The lands to the southeast contain a six (6) storey apartment building (see Figure 5 below).

1289 Marlborough Court

1297 Marlborough Court

1360 White Oaks Blvd.

Trafalgar Road

Commercial Parking

Area for proposed Fitness Club

Courtyard

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Figure 2 - 1359 White Oaks Blvd. located to the northeast of the subject lands

Figure 3 – View looking northeast showing Commercial uses in the Neighbourhood Commercial land use designation and zoning

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Figure 4 - Single Detached Homes fronting on Erin Street, northwest of the subject lands

Figure 5 – Six (6) storey apartment building located to the southeast of the subject lands at Marlborough Court

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PROPOSAL As noted above, the proposal is to convert approximately 838 square metres (approximately 9,020 square feet) of ground floor amenity space at the base of 1360 White Oaks Blvd. to accommodate a fitness club [sports facility as defined in Zoning By-law 2014-014 (“ZB”)]. The vacant ground floor space contains a swimming pool and associated uses which are no longer in use. The existing Montessori pre-school and day care is located within approximately 317 square metres (approximately 3,412 square feet) of ground floor space, also at the base of 1360 White Oaks Blvd. A day care centre is considered a community use and is permitted within all land use designations with the exception of the Natural Area designation [Part C, Section 7 – Community Uses, Subsection 7.1.2 iv) of the Livable Oakville Plan].

PLANNING FRAMEWORK Provincial Policy Statement 2014 (“PPS”) The PPS issued under the authority of Section 3 of the Planning Act, contains policies regarding Building Strong Communities (Section 1); Wise Use and Management of Resources (Section 2) and Protecting Public Health and Safety (Section 3).

Section 1 of the PPS provides policies for managing change and promoting efficient land use and development patterns. In our opinion, the proposed adaptive re-use of existing accessory residential amenity floor space for a fitness club (commercial use) is consistent with the policies of the PPS. Growth Plan for the Greater Golden Horseshoe (“Growth Plan”) The Growth Plan emphasizes building complete communities that “are well-designed, offer transportation choices, accommodate people at all stages of life and have the right mix of housing, a good range of jobs, and easy access to stores and services to meet daily needs.” (Section 2.1 of the Growth Plan). We have reviewed the Growth Plan in its entirety and in our opinion the proposal conforms to the Growth Plan. Amendment No. 38 - Region of Halton Official Plan (“ROPA 38”) The subject lands are designated “Urban Area” in ROPA 38. Trafalgar Road is designated as a Major Arterial Road with a right-of-way width of 50 metres and is also designated a Higher Order Transit Corridor.

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Policy 78 of ROPA 38 addresses Intensification Areas. Intensification Areas consist of Urban Growth Centres; Major Transit Station Areas; Intensification Corridors as identified in Local Official Plans, and Mixed Use Nodes. In the Livable Oakville Plan, the Trafalgar Road Corridor is identified as a Special Policy Area/Intensification Corridor. ROPA 38 contains the following definition:

“Intensification Corridor means Intensification Areas identified along major roads, arterials or higher order transit corridors that have the potential to provide a focus for higher density mixed-use development consistent with planned transit service levels”. [Words in italics are defined in ROPA 38]

ROPA 38 contains a number of objectives associated with Intensification Areas/Corridors. Policy 78(1) states: “78(1) To provide an urban form that is complementary to existing developed

areas, uses space more economically, promotes live-work relationships, fosters social interaction, enhances public safety and security, reduces travel by private automobile, promotes active transportation, and is environmentally more sustainable.”

The built form at 1289 and 1297 Marlborough Court and 1360 White Oaks Blvd. is mixed in format, uses and density, split between Neighbourhood Commercial uses and High Density Residential uses. There is currently vacant, ancillary residential ground floor amenity space that Capreit wishes convert to a private fitness club. At the present time, the floor space is abandoned and is not being used as an amenity for the tenants of the apartment buildings. In our opinion, the adaptive re-use of existing floor space “uses space more economically”, as noted above in the quote from ROPA 38. The re-use will also, in our opinion, foster increased social interaction and public safety and security. A private fitness club within the vacant ground floor area will bring both investment and additional people to the area surrounding the pedestrian square located at the centre of the subject lands. Two of the ROPA 38 intensification objectives are to provide a range of employment opportunities, facilities and services and provide a diverse and compatible mix of residential and employment uses to support neighbourhoods. The fitness club provides a service for both students in the area (Sheridan College is located across Trafalgar Road) and local residents, and also represents an employment opportunity. Within Intensification Corridors, such as Trafalgar Road, a ROPA 38 objective is to

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accommodate local services, including recreational, cultural and entertainment uses. The fitness club will add to the range of local services provided on the subject lands. Policy 86(11) of ROPA 38 states that land uses should be intensified for residential purposes such as infill, redevelopment, and conversion of existing structures provided that the physical character of existing neighbourhoods can be maintained. The intensification proposed is not residential but rather employment, i.e., increasing the number of employees per hectare. We are not suggesting that the adaptive re-use of vacant ground floor space will be a significant contributor to employment intensification, but the principle of intensification is met by the subject proposal. It is a policy of the Region to encourage Local Municipalities to adopt parking standards and policies within Intensification Areas/Corridors to promote the use of active transportation and public transit. The parking requirements of the Town of Oakville and the Parking Study prepared in support of the proposal are discussed in a latter section of this report. Upon review of ROPA 38 and its associated Guidelines, in our opinion, the proposal to re-purpose former ancillary residential amenity space for a service commercial use, such as a fitness club, conforms to ROPA 38. Town of Oakville Official Plan (“OP”/ “Livable Oakville”) The vacant ground level floor space at the base of 1360 White Oaks Blvd. is situated on lands designated “High Density Residential” on Schedule I, Central Land Use Plan of Livable Oakville (see Figure 6 below). Part D of the OP, Land Use Designations and Policies, Section 11.4, “High Density Residential”, states: “11.4.1 Permitted Uses

The High Density Residential land use designation may permit a range of high density housing types including multiple-attached dwelling units, apartment, retirement homes and long-term care homes.

11.4.2 The density range is to be between 51 and 185 units per site

hectare.” The subject vacant ground floor area was constructed as a swimming pool amenity accessory to the apartment buildings. The proposal is to convert the vacant space to a

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fitness club open to the public. An Official Plan Amendment (“OPA”) is required to permit the proposed fitness club as a new service commercial use permitted in the “High Density Residential” land use designation. The adaptive re-use of the swimming pool area is considered “development” as per the definition of development in Livable Oakville. Development means the creation of a new lot, a change in land use, or the construction of buildings and structures, requiring approval under the Planning Act. The proposal is a change in land use. The definition of development includes three (3) activities that are not considered development: infrastructure authorized under an Environmental Assessment (“EA”) process; works subject to the Drainage Act; and an activity deemed by the Director of Planning Services to be minor in nature, which has negligible impact to the natural environment and meets the intent of the OP. In our opinion, the proposed adaptive re-use of vacant floor space is minor in nature, has no impact on the natural environment and meets the intent of the policies and objectives in Livable Oakville associated with mixed use developments and intensification. However, since the “High Density Residential” designation does not permit commercial uses, an OPA is required.

Figure 6 - Extract from Schedule I – Central Land Use Plan – Livable Oakville – Light Yellow – Low Density Residential; Gold – Medium Density Residential; Brown – High Density Residential; Orange – Institutional; Green Dotted Line – Boundary of Trafalgar Road Corridor Special Policy Area

Lands Subject to proposed OPA and ZBA

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The term compatible is defined in Livable Oakville as:

“the development or redevelopment of uses which may not necessarily be the same as, or similar to, the existing development, but can coexist with the surrounding area without unacceptable adverse impact.”

As noted above, there are a mix of uses located on the subject lot. The existing development consists of two (2) residential apartment buildings; former accessory non-residential ground floor space (swimming pool); and commercial uses within separate commercial buildings and on the ground floor of 1297 Marlborough Court. Rather than applying a Mixed Use land use designation to the subject lands, the lot remains within two separate land use designations: “Neighbourhood Commercial” and “High Density Residential”. The line between the two land use designations takes into consideration the commercial uses at the base of 1297 Marlborough Court but does not currently extend to the base of 1360 White Oaks Blvd. In our opinion, the adaptive re-use of the vacant ground floor amenity space for a fitness club is similar to the previous use (swimming pool and associated facilities) and can easily coexist with the surrounding area without unacceptable adverse impact. The Parking Study prepared by Trans-Plan concludes that there is a sufficient number of “commercial” parking spaces on site to accommodate the fitness club. The fitness club users will not be permitted to park in designated residential parking spaces. The proposed fitness club is located in close proximity to Monaghan Sports Bar, Pub & Grill (located on lands designated “Neighbourhood Commercial”). This restaurant use is open until 1 a.m. every night of the week. There is also an outdoor patio associated with the restaurant. In comparison, the fitness club would typically be open from 6:00 a.m. to 8:00 p.m. on weekdays and from 8:00 a.m. to 6:00 p.m. on weekends. The proposed fitness club is not expected to generate noise that results in an unacceptable impact on adjacent uses. The Parking Study prepared by Trans-Plan concludes:

“given that the fitness club would generally peak in the late afternoon/early evening and existing commercial uses peak during the midday/early afternoon, by estimating hourly parking demands for a fitness club from the ITE Parking General Manual, the results indicate that the commercial parking area would peak at approximately noon and again at 6:00 pm on a weekday, at about 131 to 132 spaces occupied, leaving a surplus of at least 29 to 30 parking spaces.” [Page 9 of the Parking Study].

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Figure 7 – Schedule I to Livable Oakville – Central Land Use Plan Part E of Livable Oakville contains policies for Oakville’s six (6) Growth Areas, Special Policy Areas and Policy Exceptions for specific properties/areas within five (5) of the Town’s land use planning areas (South West; South East, West, Central and East, being Schedules F, G, H, I and J respectively).

As shown in Figure 7 above, the subject lands are located in Central Oakville. The only Growth Area in Central Oakville is the Uptown Core, shown as dark pink on Schedule I (Figure 7) located to the north of the subject lands.

Central Oakville is subject to two (2) Special Policy Areas: Residential Low Density Lands (RL1/RL1-0 Zones) and the Trafalgar Road Corridor (QEW to Dundas Street). The Trafalgar Road Corridor provides a link between the Midtown Oakville Growth Area and the Uptown Core Growth Area.

Location of Subject Lands

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The intent of Livable Oakville is to protect the unique character of existing Residential Low Density Lands in Southeast, Central and Southwest Oakville. Subsection 26.2 of the OP states:

“Due to the special attributes of the large lots and related homes in this Special Policy Area, intensification shall be limited to development which maintains the integrity of the large lots. Densities in the Special Policy Area shall not exceed 10 units per site hectare notwithstanding the Low Density Residential designation.” [Words in italics are defined in Livable Oakville]

Low Density Residential Areas surrounding the subject lands are not zoned RL1 or RL1-0. Therefore, this report does not review the policies that apply to the Residential Low Density Lands (RL1/RL1-0 Zones).

Livable Oakville directed that a planning study be conducted for the Trafalgar Road Corridor and the final report, titled Trafalgar Road Corridor Planning Study (“TRCPS”) is dated February 2014. The TRCPS primarily identifies intensification opportunities along Trafalgar Road.

An Oakville staff report dated February 24, 2014 (PD-001-14) included some key facts about the Corridor, one being:

“A number of sites were identified through this study; however, policy changes are recommended only for the Sheridan College lands, the former Halton Region reservoir site, the lands southwest of the intersection of Glenashton Drive and Trafalgar Road, High Density Residential sites and place of worship sites.”

The OPA which resulted from the TRCPS, which is now incorporated into the OP, does address intensification opportunities on lands designated “High Density Residential”.

The boundary of the Trafalgar Road Corridor Special Policy Area (“TRCSPA”), as shown on Schedule I to the OP, would seem to indicate that only the lands designated Neighbourhood Commercial are located within the TRCSPA boundary. However, Part E, Subsection 26.3 of the OP states: “Large sites that are not wholly within the Trafalgar Road Corridor Special Policy Area boundary on Schedule I, Central Land Use, shall be deemed to be within the Special Policy Area.”

Part E, Subsection 26.3.3 b) states:

“26.3.3 b) Notwithstanding section 11.1.8 c) and 11.4.2, on lands designated High Density Residential within the Trafalgar Road Corridor Special Policy Area, there may be underutilized lands on which additional development may be appropriate. Intensification of these lands may be considered to occur up to 300 units per site hectare.” [Words in italics are defined in the OP]

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It is clear that intensification of lands within the Trafalgar Road Corridor is supported, including both the “Neighbourhood Commercial” and “High Density Residential” land use designations.

The TRCPS reviewed, in particular, the subject lands designated “Neighbourhood Commercial” and referred to the site as “Site 3: Northeast Corner of Marlborough Court and Trafalgar Road”. The overall site was described in the TRCPS as consisting of: “Multiple uses including high density residential and retail uses at-grade” and “two tall buildings atop a single storey podium”. However, in the TRCPS, only the surface parking lot and the one-storey commercial units fronting Trafalgar Road were considered in the analysis.

One recommendation of the TRCPS is:

“Redevelopment of the existing parking lot along Trafalgar Road could occur which would allow the existing development to better respond to the context and bring the built form in closer proximity to the transit route. Other options may include reconstruction of the podium in select locations which could extend to the street without the need to completely remove the surface parking lot.”

The TRCPS concluded that given the function of the site, a significant redevelopment is not expected in the short to medium term. Notwithstanding this statement, it is the intent of the OP to facilitate some form of intensification on the subject lands with the recognition that any form of redevelopment would include a mix of uses. In the interim, in our opinion it is reasonable and appropriate to allow commercial uses within the single storey podium associated with 1360 White Oaks Blvd. given the mixed use nature of the development.

In order to facilitate the establishment of the fitness club, it is proposed to add an additional exception to Part E, Section 27.4 – Central Exceptions – Schedule I to read:

“27.4.9 On the lands designated High Density Residential known as 1360 White Oaks Blvd., a sports facility may be permitted within the existing ground floor space. The maximum floor area of the sports facility shall be regulated by the implementing zoning.”

Other exceptions in Section 27.4 include variations to height; permitting commercial uses in combination with a residential use; and adding or restricting certain types of uses on the ground floor of buildings.

The proposed fitness club would be an adaptive re-use of existing ground floor amenity area previously used for a swimming pool accessory to the residential use. As mentioned above, a portion of the ground floor space (previously ancillary residential floor space) accommodates a community use, being a Montessori pre-school and day care centre.

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The change in use, for a portion of the ground floor space designated “High Density Residential” to a service commercial use will not, in our opinion change the character or function of the existing mixed-use development or create any adverse impacts to surrounding development.

Part D, Section 12 of the OP, Land Use Designations and Policies, addresses Mixed Use designations. Although the subject lands are not designated Mixed Use in the OP, it is useful to review the criteria for this designation and the associated policies.

Subsection 12.1.2 of the OP states: “Mixed use development will be focused on lands located within Oakville’s Growth Areas and along identified corridors.” The subject lands are not located within one of Oakville’s Growth Areas. However, as stated above, the subject lands are considered to be wholly within the Trafalgar Road Corridor. The subject lands were developed in the past as a mixed use development and continue to function as a mixed use development within the corridor.

Subsections 12.1.3 and 12.1.4 of the OP state:

“12.1.3 The Mixed Use designations are intended to create animated streets by providing retail and service commercial uses at grade, fronting onto the street and other pedestrian environments. The location and size of any use on upper and or/lower floors within mixed use buildings will be determined through the development process and regulations by the implementing zoning.

12.1.4 All development within the Mixed Use designations shall be of a high quality design that considers the integration of new and existing buildings, as well as building façade treatment.”

The Mixed Use designations are currently found primarily in the Town’s six (6) Growth Areas. However, a Mixed Use designation would be appropriate for lands located within an Intensification Corridor. As part of the upcoming review of Livable Oakville, it may be appropriate to request a Mixed Use designation to allow the development to function with some degree of flexibility, keeping in mind parking demands and impacts on surrounding developments. While a Mixed Use designation may not currently apply to the subject lands, this does not mean, in our opinion, that a mixed use form of development is inappropriate for a portion of the lot designated “High Density Residential”. The lot functions as a mixed use area given the two land use designations (“Neighbourhood Commercial” and “High Density Residential”). The proposed OPA is simply to permit an appropriate service commercial use (sports facility) to occupy vacant floor space at the base of one of the residential buildings.

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As noted above, service commercial uses within mixed use designations are intended to front onto the street and other pedestrian environments. The fitness club will front onto and have access to the pedestrian square located between the two apartment buildings. In our opinion, it is both desirable and appropriate to adapt existing vacant floor space, in an area that already functions as a mixed use development, for an additional service commercial use. Use of the vacant floor space will lead to upgrades to the building space as well as the abutting pedestrian environment thereby improving the vitality of the area. An OPA has been drafted (see Attachment No. 1) to permit a sports facility on the subject lands designated “High Density Residential”. The proposed change in use does result in an increased demand on the existing commercial parking. Trans-Plan, Transportation Engineering, prepared a Parking Study for the subject lands dated August 2016. The results of this study have been discussed above, and further discussed below in the Zoning By-law section of this report.

TOWN OF OAKVILLE ZONING BY-LAW 2014-014 The subject lands designated “Neighbourhood Commercial” in Livable Oakville are zoned in the Neighbourhood Commercial C1 Zone, Special Provision 86. The subject lands designated “High Density Residential” are zoned in the Residential High (RH) Zone, Special Provision 86. Special Provision 86 contains the following regulations:

“a) Minimum side yard, north side 31.0 m

b) A below grade parking structure is permitted to occupy land in both Zones, and parking spaces for all uses permitted on the lot allowed to be located anywhere within the parking structure

c) Notwithstanding subsection (a) above, outdoor playground equipment,

outdoor recreations uses, and accessory buildings and structures are permitted in the northern side yard.” [Words in italics are defined in Zoning By-law 2014-014]

The parent C1 Zone permits a number of retail and service commercial uses, including a retail store, financial institution, restaurant (including a drive-through), service commercial establishment, private school and a sports facility.

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Sports Facility is defined in the ZB as:

“a premises or outdoor area in which facilities are provided for the purpose of instruction, conduct, practice, or training for sports or physical exercise, and may include an indoor play facility.”

There is a note on Page 3-22 of the ZB which states:

“Private athletic and recreational programs such as sports leagues, martial arts or dance schools, private arenas, outdoor sports fields, or commercial fitness centres are interpreted as “sports facilities” in this By-law.”

The existing commercial uses located at 1289 Marlborough Court, and located on lands zoned C1-86, include retail stores, service commercial establishments and restaurants. As noted, a sports facility is permitted in the C1-86 Zone. However, as the use is proposed for vacant ground floor space on lands zoned HD-86, a Zoning By-law Amendment (“ZBA”) is required. For reference purposes, a sports facility is permitted in all the Mixed Use Zones: Central Business District Zone (CBD); Main Street 1 (MU1); Main Street 2 (MU2); Urban Centre (MU3) and Urban Core (MU4). A sports facility is also permitted in the Neighbourhood Commercial Zone (C1), the Community Commercial Zone (C2) and the Core Commercial Zone (C3). Table 1 below compares the specific C1-86 and HD-86 Zones to the existing setbacks, etc. on the subject lands. Table 1 C1-86 Zone

Regulations HD-86 Zone Regulations

Existing Areas/Setbacks

Minimum Lot Area 0.2 ha 1,858 sq. m. (0.186 ha)

3.24 ha

Minimum Lot Frontage

30 m 24.0 m 175.520 m (White Oaks Blvd.

Minimum Lot Depth n/a n/a 155.96 m Minimum Front Yard 0.0 m 7.5 m 14.35 m (from White

Oaks Blvd.) Maximum Front Yard 17.5 m n/a 16.62 m (from White

Oaks Blvd.) Minimum Flankage Yard

0.0 m 3.5 m 28.10 m

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Maximum Flankage Yard

17.5 m n/a 45.78 m (existing legal non-conforming flankage)

Minimum Interior Side Yard

31.0 m 31.0 m 30.84 m

Minimum Interior Side Yard Abutting a Residential Zone

31.0 m 31.0 m 30.84 m

Minimum Rear Yard 7.5 m 7.5 m 32.15 m Minimum Rear Yard abutting a Residential Zone

7.5 m 7.5 m n/a

Maximum Height 9.0 m The height legally existing on the lot on the effective date of this By-law

1 storey Commercial 18 storeys Residential

Maximum Number of Storeys

2 storeys n/a Commercial – 1 storey

Maximum Net Floor Area on a lot permitted by a single premises

50% n/a Largest GFA – 560 sq. m. – Less than 50% of total GFA

Maximum net floor area for all retail and service commercial uses on a lot

n/a n/a n/a

Minimum landscaping coverage

10% 10% 49.75%

Maximum lot coverage

n/a 35% 18.5%

Depending upon the method of calculating the flankage yard on a curve, the maximum flankage yard may vary from that noted in the table. However, for lands within the C1-86 Zone, the maximum flankage yard of 17.5 metres does appear to be exceeded. We would also anticipate that the 30.84 metre north side yard setback will be deemed to meet the required 31 metres. If not, then additional provisions may need to be added to the draft ZBA. As mentioned above, Trans-Plan prepared a Parking Study for the subject lands. The ZB requires 591 parking spaces for the mixed use development (residential and commercial) and 583 parking spaces are provided. The residential parking requirement is met. The required parking for the existing commercial/community uses and the proposed fitness club is 192 parking spaces and 184 parking spaces are provided. The Parking Study

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concludes that the existing supply is sufficient given the hourly variation in peak parking demands for the commercial uses. As stated in Part 5 of ZB 2014-014, the minimum number of parking spaces required for permitted uses are established and calculated in accordance with the ratios set out in Table 5.2.1 of the ZB. Table 5.2.1 establishes a ratio of 1 parking space per 22 square metres of net floor area for multiple premises located on a lot in the Neighbourhood Commercial (C1) Zone. Special Provision 86 does not alter this ratio. Net Floor Area is defined as:

“the total area of all floors of a building measured from the interior faces of the exterior walls or demising walls, but does not include the area of stair wells, elevators, escalators, ventilating shafts, attics, concourses, washrooms, attached enclosed and covered loading docks and related enclosed corridors used for loading purposes, above and below grade parking structures, storage rooms, rooms for garbage containment, and mechanical rooms.”

For the purposes of calculating parking required, the GFA of the commercial space has been used, rather than the lesser net floor area. At 838 square metres of GFA and a requirement for 1 space per 18 square metres of GFA for a sports facility, the parking required is 47 parking spaces. A ZBA (see Attachment No. 2) has been drafted to permit a sports facility on the subject lands zoned RH-86 and to permit the existing number of commercial parking spaces and the land zoned C1-86. Amendments to the C1-86 Zone regulations are required to recognize existing yards that may not meet the current ZB regulations. CONCLUSION The subject applications, to facilitate the accommodation of a sports facility within vacant amenity floor space associated within an existing mixed use development, and on a portion of the subject lands designated “High Density Residential”, represents good planning and should be approved for the following reasons:

1. The proposal represents an efficient use of land and infrastructure and an appropriate form of adaptive re-use. The proposed development is consistent with the 2014 PPS.

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2. The Provincial Growth Plan emphasizes the need to build well-designed, complete communities. The proposal conforms to the Growth Plan.

3. Within Intensification Areas, including the Trafalgar Road Corridor, the objectives

of ROPA 38 are to provide a range of employment opportunities, facilities and services and provide a diverse and compatible mix of residential and employment uses to support neighbourhoods. The fitness club will provide a service to college students in the area, as well as other local residents as well as employment opportunities. Within Intensification Corridors, an objective is to accommodate local services, including recreational, cultural and entertainment uses. The fitness club will add to the range of local services provided on the subject lands.

4. Currently, the Livable Oakville Plan permits a number of community uses in the “High Density Residential” land use designation such as educational facilities, places of worship, seniors’ centres, day care centres and art galleries. Amending the OP to include a fitness club (sports facility) is in keeping with the overall intent of the OP to permit service commercial uses on the ground floor, and is similar to recently developed mixed use high density developments with ground floor retail/service commercial uses.

5. The proposed fitness club (sports facility) will be located within existing vacant amenity floor space (former swimming pool area) on a site that currently functions as a mixed use development. This new service commercial use can utilize existing floor space and the adaptive re-use will require needed upgrades to both the floor space and the adjacent pedestrian areas. This will improve the overall aesthetics and vitality of the mixed use development.

6. The proposed fitness club (sports facility) will be a destination use and will not result in any adverse impacts to surrounding residential uses. No outdoor sports fields or activities are part of the proposal and the noise generated from the proposed use will be minimal. Parking is also adequate and available for the proposed use and residential parking areas on site will not be used for/required by the proposed fitness club.

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7. Trans-Plan, Transportation Engineering completed a Parking Study for the subject lands dated August 2016 given that the existing commercial parking supply is eight (8) parking spaces less than that required under the Zoning By-law. Trans-Plan analyzed the parking supply and demand on the subject lands and undertook parking surveys. Trans-Plan concludes that the existing commercial parking supply is sufficient to accommodate the proposed sports facility (fitness club).

Respectfully submitted, WELLINGS PLANNING CONSULTANTS INC. __________________________ __________________________ Nancy A. Frieday, MCIP, RPP Glenn J. Wellings, MCIP, RPP

ATTACHMENT NO. 1

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Official Plan Amendment Number ____

To the Town of Oakville’s Livable Oakville Plan

Constitutional Statement

The details of the Amendment, as contained in Part 2 of this text, constitute Amendment Number __ to the Livable Oakville Plan.

Part 1 – Preamble

A. Purpose

The primary purpose of the proposed official plan amendment is to incorporate into the Livable Oakville Plan an additional policy within Part E, Subsection 27.4, Central Exception, to permit a sports facility on the ground floor of an apartment building located at 1360 White Oaks Blvd. Vacant, ancillary residential amenity floor space is proposed to be converted to a sports facility (fitness club).

B. Background

Capreit Limited Partnership, the owners of 1289 and 1297 Marlborough Court and 1360 White Oaks Boulevard applied to the Town of Oakville to amend the Official Plan and Zoning By-law to permit a service commercial use (fitness club) in combination with the residential apartment building known as 1360 White Oak Boulevard. The lands are presently designated High Density Residential, with no policy exception, wherein only residential uses are permitted. On the ground floor of 1360 White Oaks Boulevard, part of the former ancillary residential ground floor space has been converted to a Montessori school/day care, which is a community use permitted by the Official Plan. It is proposed that additional ancillary residential ground floor amenity space be converted to a fitness club (sports facility). This floor space contains a swimming pool and related facilities (currently not in use) that were once ancillary to the apartment buildings.

The western portion of the lot is designated Neighbourhood Commercial wherein there is a commercial plaza with multiple tenants, including retail, service commercial and restaurant uses. The two (2) apartment buildings and the commercial plaza are integrated through a central walkway that connects the Neighbourhood Commercial lands

ATTACHMENT NO. 1

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and the High Density Residential lands. The proposed fitness club on lands designated High Density Residential will be integrated with the existing commercial plaza in form and function.

C. Basis

The basis for permitting service commercial uses in combination with a residential use located on lands designated High Density Residential is as follows:

• The proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe.

• The overall intent of the Livable Oakville Plan is to provide for a mix of uses in specific locations and exceptions to land use designation policies have been approved to permit non-residential uses on the ground floor of residential buildings that are not located in a Mixed Use land use designation.

• The subject lands are partially located within the boundary of the Trafalgar Road Corridor Special Policy Area. Trafalgar Road Corridor policies within the Livable Oakville Plan are found in Part E, Subsection 26.3 wherein it states that large sites that are not wholly within the Trafalgar Road Corridor Special Policy Area boundary on Schedule I, Central land Use, shall be deemed to be within the Special Policy Area. It is also stated that this corridor contains a number of vacant or underutilized sites than can accommodate transit-supportive intensification.

• The former ancillary residential ground floor amenity area is no longer required

for ancillary residential purposes and the conversion of the ground floor area to permit a sports facility will provide an additional service commercial use to the surrounding neighbourhood.

ATTACHMENT NO. 1

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Part 2 – The Amendment

A. Text Changes

That Part E, Section 27.4 – Central Exceptions – Schedule I be amended to add a new subsection which states:

“27.4.9 On the lands designated High Density Residential known as 1360 White Oaks Blvd., a sports facility may be permitted within the existing ground floor space. The maximum floor area of the sports facility shall be regulated by the implementing zoning.”

ATTACHMENT NO. 2

Draft – August 31, 2016

THE CORPORATION OF THE TOWN OF OAKVILLE

DRAFT

BY-LAW NUMBER 2016- ___

A By-Law to amend the Town of Oakville’s Comprehensive Zoning By-law 2014-014, as amended, to permit a

Service Commercial Use (Sports Facility) in the HD-86 Zone WHEREAS the Council of the Corporation of the Town of Oakville deems it appropriate to amend Comprehensive Zoning By-law 2014-014, as amended;

AND WHEREAS the Town of Oakville Official Plan provides for the lands affected by this by-law to be zoned as set forth in this by-law;

NOW THEREFORE the Council of the Corporation of the Town of Oakville hereby enacts as follows:

1. Part 15, Special Provision 86, of By-law 2014-014, as amended, is further amended by deleting it in its entirety and replacing it with the following:

86

(Old 119) 1297 AND 1289 Marlborough Court and

1360 White Oaks Boulevard (Parts of Lot 12, Concession 2 S.D.S.)

Parent Zone: RH, C1

Map 19(6) (1969-118) (1971-72) (1977-37) (1998-246)

15.86.1 Zone Provisions The following additional uses are permitted at 1360 White Oak Boulevard b) Sports Facility – Maximum GFA 838.0 sq. m. The following regulations apply: a) Minimum side yard, north side 31.0 m b) A below grade parking structure is permitted to occupy land in both Zones, and

parking spaces for all uses permitted on the lot allowed to be located anywhere within the parking structure.

c) Notwithstanding subsection (a) above, outdoor playground equipment, outdoor recreational uses, and accessory building and structures are permitted in the northern side yard.

d) Notwithstanding the Parking Requirements in Part 5 of the Zoning By-law, the number of commercial parking spaces required for the permitted retail, service commercial and community uses shall be 184.

e) Notwithstanding the regulations for lots in a Commercial Use Zone in Table 9.3 of the Zoning By-law, a Maximum Flankage Yard of 46 m shall be permitted.

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2. This by-law comes into force upon the day it is passed, if no appeal is filed pursuant to subsection 34 (19) of the Planning Act, R.S.O. 1990, c.P.13, as amended. Where one or more appeals have been filed under subsection 34(19) of the Planning Act, R.S.O. 1990, c.P.13, as amended, this by-law comes into effect when all such appeals have been withdrawn or finally disposed of, whereupon the by-law, except for those parts which are repealed or amended by the Ontario Municipal Board pursuant to subsection 34(26) and 34(30) of the Planning Act, R.S.O. 1990, c.P.12, as amended, shall be deemed to have come into force on the day it was passed.

PASSED this ____day of _______________________, 2016 ________________________________ ________________________________ MAYOR CLERK