Application for a Zoning By-law Amendment, ZBA , Zelinka Priamo Ltd, on behalf of HLH Investments Inc.; Ilderton Road

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1 August 15, 2018 Page 1 of 64 Staff Report Report No.: PLA Meeting Date: August 15, 2018 Submitted by: Subject: Kelly Henderson Planner Application for a Zoning By-law Amendment, ZBA , Zelinka Priamo Ltd, on behalf of HLH Investments Inc.; Ilderton Road Recommendation: THAT Zoning By-law Amendment ZBA 9 for land legally described as Part of Lot 25, Concession 10 (geographic Township of London) and more specifically as Part 3, Reference Plan 33R-1073 and Part 2, Reference Plan 33R-9311, Municipality of Middlesex Centre, to allow a number of additional uses to the current Site Specific Highway Commercial (C2-13) zone be amended to include only the following permitted uses: animal clinic, clinic, day nursery, financial institution, general or professional office, personal service establishment, convenience store, retail store, studio and one restaurant/drive-thru at a time, be approved. Purpose: The purpose of this report is to provide Council with a recommendation regarding a Zoning By-law Amendment application for a property located at the southwest corner of the intersection of Ilderton Road (County Road 16) and Hyde Park Road (County Road 20). The applicant is proposing to add an additional 352 m² (3,800 square feet), multi-unit commercial building on the vacant portion of the southwest corner of the lot. A location map is included as Attachment 1. Background: The purpose and effect of this Application is to rezone the subject lands to allow a number of additional uses to the current site-specific Highway Commercial (C2-13) zoning of the lands. The additional uses being requested include: accessory use, animal clinic, clinic, private club, day nursery, financial institution, general or professional office, personal service establishment, place of entertainment, place of recreation, restaurant, service shop, convenience store, retail store and studio. The current zoning only allows a drivethru restaurant. This rezoning also proposes a reduced rear yard of 2.8 metres adjacent to Heritage Park compared to the required rear yard setback of 10 metres under the parent C2 zone. 1

2 August 15, 2018 Page 2 of 64 Staff Report A concept plan for the property is included as Attachment 2. The applicant s proposal was accompanied by a justification report that is included in Attachment 3 of this report. A public participation meeting was held on July 18, 2018 in accordance with Section 34 of the Planning Act. A circulation of the proposal to various agencies was also completed. In addition to the verbal feedback that was provided at the July 18, 2018 public participation meeting, the Municipality received a number of written submissions regarding the proposal. The written submissions, together with the minutes of the public participation meeting, are included in Attachment 4 of this report. Given that the proposal seeks an amendment to the Municipality s Zoning By-law for the purposes of establishing new commercial land uses outside of the Ilderton downtown, a retail market study was requested in order to demonstrate that the proposed development would not have an undesirable or unanticipated financial impact to the Municipality; including adverse impact on the downtown core. Therefore, the applicant also submitted a market justification report in support of the proposal. The report is included in Attachment 5. The subject property is proximate to several residential uses, with a daycare to the west and Heritage Park to the South. The Village Centre of Ilderton is located approximately 300 metres to the west of the subject property. The lands are rectangular in shape and have an area of approximately 0.47 hectares (1.16 acres) with a frontage of approximately 68.3 metres along Ilderton Road, and a frontage of approximately 70.1 metres on Hyde Park Road. The lands currently contain a Tim Horton s restaurant and associated parking area with 46 spaces. The southwest portion of the site is currently vacant. The proposed development is to be serviced by full municipal services. Please see Attachment 6 for the list of permitted uses that the applicant has requested through this application versus a list of the amended uses planning staff are recommending. Policy Regulation: Provincial Policy Statement: All municipal planning decisions must be consistent with The Provincial Policy Statement (PPS). Section of the PPS provides direction for development within settlement areas in the Municipality and notes that the vitality of settlement areas is important to the long-term economic prosperity of Ontario s communities. In Section it is noted that settlement areas shall be the focus of growth in municipalities, while Section stipluates that land use patterns within settlement areas shall provide for a mix of land uses that efficiently use land and resources and are appropriate for and efficiently use the infrastructure that is planned or available. Section of the PPS also provides policy 2

3 August 15, 2018 Page 3 of 64 Staff Report direction for encouraging redevelopment of existing sites, as appropriate, within built-up settlement areas. Section of the PPS directs municipalities to promote economic development and competitiveness by providing for an appropriate mix and range of employment uses to meet long-term needs and providing opportunities for a diversified economic base that includes maintaining a range and choice of suitable sites for a variety of employment uses that support a wide range of economic activities and ancillary uses and take into account the needs of existing and future businesses. Section also provides policy direction that encourages compact, mixed-use development that incorporates compatible employment uses. County Of Middlesex Official Plan: The County Official Plan provides a regional policy framework within which development proposals are to be evaluated. Section of the County Official Plan dictates that growth within Middlesex is generally to be directed to the County s Settlement Areas in order to protect Agricultural Areas, protect natural heritage and promote efficient use of water and sewage services. It is noted that the detailed land use policies, and particularly those that pertain to development within settlement areas, are provided in the official plans of the County s member municipalities. Section of the County Official Plan provides for a variety of land uses, including commercial uses, to be located in the Urban Areas of Middlesex. Section of the County Official Plan states that economic development is an important component of the County s Growth Management policy framework and that many long-term goals and objectives depend on economic activity and the opportunity for residents to live and work in Middlesex County. The County consequently encourages diversity in its economic base. Middlesex Centre Official Plan: The subject property falls within Special Policy Area #27 of Middlesex Centre s Official Plan, and is designated Settlement Commercial. Middlesex Centre s Official Plan provides direction to develop a diverse economic base within the Municipality. Section of the Official Plan encourages the Municipality to endeavor to increase its tax base and job opportunities in a manner that improves the quality of life of existing and future residents, and balances various economic sectors to ensure a sustainable economic base. The Official Plan also encourages the promotion of the viability and economic health of village centres. 3

4 August 15, 2018 Page 4 of 64 Staff Report The subject property is designated Settlement Commercial and Special Policy Area #27. The Special Policy Area requires that any new use on the property shall be subject to a zoning by-law amendment application that includes the submission of a planning justification report, and a market justification report. The intent of the Settlement Commercial Area is to provide additional opportunities for retail, service and office uses within Urban and Community Settlement Areas where such uses will not undermine the planned function of the established Village Centre s of the Municipality, and to provide areas where larger commercial uses can be located outside of the Village Centre. The Settlement Commercial Area permits a range of uses including: general retail, personal services, recreational uses, restaurant uses, and office uses. Middlesex Centre s Zoning By-law: The subject property is zoned site-specific Highway Commercial (C2-13) zone, which permits a restaurant drive-thru only, has a minimum front yard setback of 6.5 metres, a minimum rear yard setback of 10.0 metres and a side yard setback of 10.0 metres on the side abutting the road and 6.0 metres on the other side. As mentioned the applicant is proposing to add additional uses to the property within a proposed commercial building, which is to be setback 2.8 metres from the read yard of the property adjacent to the Municipal Park. Middlesex Centre s Zoning By-law speaks to parking requirements for each of the proposed uses. The most restrictive parking requirement is for a restaurant/drive-thru, which requires 1 space per 10 m². The other proposed uses range in parking requirements from 1 space per 20 m² to 1 space per 40 m². Re-tooling Downtown Ilderton: In late 2011 and early 2012 the Municipality commissioned Dr. Avi Friedman to undertake a visioning exercise for the village of Ilderton, with a focus on revitalizing its downtown. The report, titled Retooling Downtown Ilderton was completed in March of 2012 and its findings detailed recommendations for investments in the public realm, improving walkability in the commercial core and providing for a mix of housing types in the community in order to accommodate residents at all stages of their lives. The focus of Retooling Downtown Ilderton was to market Ilderton s commercial core as a destination for residents and visitors alike. In order to achieve this objective a compact, walkable downtown with an attractive streetscape is important. As part of the Municipality s efforts to implement Dr. Friedman s recommendations, Council approved a Community Improvement Plan for the village in 2013 with a primary focus of supporting façade and streetscape improvements in the village core. Updated Market Justification Report: 4

5 August 15, 2018 Page 5 of 64 Staff Report As part of the application requirements, the applicant provided a Market Justification Report, which was completed by UrbanMetrics Inc. Planning staff have relied on the expertise of UrbanMetrics Inc. to provide an analysis on the impact the proposal may have on the Village Centre of Ilderton. This report concluded that there is sufficient market demand to warrant the additional 3,800 square feet of commercial space on the subject site. It is their opinion that the proposed uses would not have a detrimental impact on the viability of the existing commercial space in Ilderton. Municipal staff have also indicated that they have over the years received several enquiries concerning commercial sites within Ilderton. However, there has been an apparent lack of available and suitable commercial sites within Ilderton which has constrained economic development opportunities. Consultation: Notice of the application has been circulated to agencies, as well as property owners in accordance to the requirements of the Planning Act. Public Comments: At the time of writing this report there were several comments submitted from the Public. Please see Attachment 4 of this report for a summary of the comments received and the minutes from the July 18, 2018 public meeting. The majority of the concerns relate to: traffic, litter, parking and the impact of the proposed development on the Village Centre. Agency Comments: The following comments were received at the time of writing this report: The Municipality of Middlesex Centre s Director of Public Works and Engineering, and Corporate Services have advised of no concerns or requirements for the subject application. The County of Middlesex s Engineering office have advised of no concerns with the proposal as the proposed development will use the existing site access and land dedication and road improvements have already been made. The Upper Thames River Conservation Authority have reviewed the subject application and have no concerns and/or objections. Analysis: 5

6 August 15, 2018 Page 6 of 64 Staff Report Both the PPS and the County Official Plan provide overarching policy direction for planning within Middlesex Centre s settlement areas, like Ilderton. A diverse economic base is important for the purposes of providing local employment and shopping options as well as fostering a community in which residents can live and work without needing to drive to a nearby municipality to run daily errands or access various amenities. The success and vibrancy of village cores is also central to the economic health of Middlesex Centre s settlement areas. The opinion of Planning staff is that the proposed zoning bylaw amendment as recommended to be amended is consistent with both the Provincial Policy Statement and the County of Middlesex Official Plan, as the proposal will provide a form of compact development located within a Settlement Area on full municipal services. As mentioned above the intent of the Settlement Commercial designation of Middlesex Centre s Official Plan is to permit a range of commercial uses that would not undermine the planned function of the established Village Centre, and to provide areas where larger commercial uses can be located outside of the Village Centre. As demonstrated in the Market Justification Report, the proposed uses would not have a detrimental impact on the Village Centre, and the proposed uses as amended are consistent with Middlesex Centre s Official Plan. The applicant has requested the full range of Highway Commercial uses be permitted. However, given the surrounding land uses and the current Zoning By-law definitions, planning staff recommend that some of the requested uses be removed. These uses include, accessory use, service shop, place of entertainment and place of recreation. Staff is of the opinion that these uses may not be as compatible with the neighbouring land uses. The subject property is zoned Site Specific Highway Commercial (C2-13) zone. In the parent Highway Commercial (C2) zone, a rear yard setback of 10 metres is required, and the applicant has requested a rear yard setback of 2.8 metres adjacent to the Municipal Park. The purpose of the 10 metres rear yard setback is to ensure there is adequate buffering between commercial uses and other sensitive uses. It is Planning Staff s opinion that the proposed 2.8 metres rear yard setback is supportable as there is still adequate room and buffering between the proposed commercial use and the municipal park. All other setbacks are consistent with the requirements of the Highway Commercial (C2) zone. As mentioned, the Zoning By-law refers to parking requirements. The site currently has 46 parking spaces available, 25 of these spots are required for the current Restaurant drive-thru on the property, which leaves 21 spaces available for the new proposed commercial use. All of the proposed uses would meet the required parking spaces, except for an additional restaurant/drive-thru. Therefore planning staff are recommending that 6

7 August 15, 2018 Page 7 of 64 Staff Report the proposal be amended to include only one restaurant/drive-thru on the property at a time. Staff have relied on the Market Justification Report by UrbanMetrics Inc. who have determined that the proposed uses would not have a detrimental impact on the viability of the existing commercial space in Ilderton. Therefore, planning staff are of the opinion that the proposed uses can be supported based on the market justification report. Given the above, planning staff are recommending that the subject application be approved as recommended to be amended to only include the following uses: animal clinic, clinic, day nursery, financial institution, general or professional office, personal service establishment, convenience store, retail store, studio and one restaurant/drivethru at a time. This opinion is provided prior to the public meeting and without the benefit of potentially receiving all comments from agencies or members of the public. Should new information arise regarding this proposal prior to or at the public meeting, the Council is advised to take such information into account when considering the application. Financial Implications: None. 7

8 August 15, 2018 Page 8 of 64 Location Map Meters Legend Description: HLH Investments File Number: ZBA Created By: Date: 6/22/2018 Scale: 1: 2,257 Assessment Parcels Prepared By: Middlesex Centre

9 August 15, 2018 Page 9 of 64 LEGAL INFORMATION PT OF LOT 25, CONC 10 PT LOT 25, CONC 10, PT 2, 33R-9311 PT LOT 25, CONC 10, PT 3, 33R-1073 GEOGRAPHIC TOWNSHIP OF LONDON MUNICIPALITY OF MIDDLESEX CENTRE COUNTY OF MIDDLESEX TEMPORARY SITE BENCHMARK: SUBJECT SITE KEY PLAN SITE DATA CHART LEGEND: PARKING REQUIREMENTS CANADA POST WASTE REMOVAL LIST OF DRAWINGS BUILDING CLASSIFICATION Medway Rd., PO Box #29, Arva, Ontario Tel: (519) Fax: (519) sbm@sbmltd.ca

10 August 15, 2018 Page 10 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton Planning Justification Report Ilderton Road Municipality of Middlesex Centre HLH Investments Ltd. May 25, 2018 Zelinka Priamo Ltd. Page i

11 August 15, 2018 Page 11 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton TABLE OF CONTENTS Page No. 1.0 INTRODUCTION SUBJECT LANDS AND LOCATIONAL CONTEXT Subject lands Surrounding Land Uses PLANNING POLICY CONTEXT County of Middlesex Official Plan Municipality of Middlesex Centre Official Plan Municipality of Middlesex Centre Zoning By-Law PROPOSED DEVELOPMENT PROPOSED APPLICATION PLANNING DOCUMENTS AND ANALYSIS Provincial Policy Statement (PPS) Analysis of the County of Middlesex Official Plan Analysis of the Municipality of Middlesex Centre Official Plan Analysis of the Municipality of Middlesex Centre Zoning By-Law ADDITIONAL CONSIDERATIONS Market Justification Report Update Transportation CONCLUSIONS Zelinka Priamo Ltd. Page ii

12 August 15, 2018 Page 12 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton 1.0 INTRODUCTION HLH Investments Ltd. has made an application to amend the Municipality of Middlesex Centre Zoning By-Law for the lands located at Ilderton Road (the subject lands ) in the community of Ilderton. The purpose of the proposed amendment is to re-zone the lands to add a range of commercial and service uses. The purpose of the following land use planning justification report is to evaluate the proposed Zoning By-Law Amendment for the subject lands within the context of existing land use policies and regulations, including the 2014 Provincial Policy Statement, the County of MiddlesexOfficial Plan, the Municipality of Middlesex Centre Official Plan, and the Municipality of Middlesex Centre Zoning By-law. 2.0 SUBJECT LANDS AND LOCATIONAL CONTEXT 2.1 SUBJECT LANDS The subject lands are located at the southwest corner of Hyde Park Road and Ilderton Road, in the community of Ilderton, approximately 300m east of the Ilderton Village Centre (Figures 1-3). The lands are rectangular shaped and have an area of approximately 0.47ha (1.16ac) with a frontage of approximately 68.3m (224ft) along Ilderton Road, and a frontage of approximately 70.1m (230ft) on Hyde Park Road. The lands contain a Tim Horton s drivethrough restaurant and associated parking area with 46 spaces. The southwest corner of the site is currently vacant. Zelinka Priamo Ltd. Page 3

13 August 15, 2018 Page 13 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton Figure 1 Subject lands and surrounding context Figure 2 Subject lands and immediate context Zelinka Priamo Ltd. Page 4

14 August 15, 2018 Page 14 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton Figure 3 Approved Site Plan (excerpt) Figure 4 Subject lands from Hyde Park Road and Ilderton Road intersection looking southwest Zelinka Priamo Ltd. Page 5

15 August 15, 2018 Page 15 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton Figure 5 Subject lands from Hyde Park Road (location of proposed building visible at left) looking west Figure 6 Subject lands from IldertonRoad looking southeast 2.2 SURROUNDING LAND USES Land uses in the immediate vicinity of the subject lands consist of low-density residential in the form of single detached dwellings (east, north), a daycare (west), and Heritage Park which includes tennis courts, a skateboard park, splash pad, playground, park pavilion, public washrooms, and two baseball diamonds (south). The Ilderton library and medical centre are located further to the south, beyond Heritage Park. The main commercial area of Ilderton (also known as the Village Centre) is located approximately 300m to the west of the subject lands along Ilderton Road. Building heights in the vicinity of the subject lands are all one and two-storey buildings. Both Ilderton Road and Hyde Park Road are designated as County Roads in the Middlesex Centre Official Plan. These roads are intended to convey large volumes of local and regional traffic movements at medium to high speeds. Both roads are two-lane roads constructed to an urban cross section with public sidewalks. The intersection is fully signalized and includes dedicated left-turn lanes on Hyde Park Road for both northbound and southbound approaches. Zelinka Priamo Ltd. Page 6

16 August 15, 2018 Page 16 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton 3.0 PLANNING POLICY CONTEXT 3.1 COUNTY OF MIDDLESEX OFFICIAL PLAN The subject lands are designated Settlement Area (Urban and Community) as per Schedule A Land Use in the County of Middlesex Official Plan. Settlement Areas are intended to be the focus for development in the County of Middlesex and, as such, new and infill development is directed to these areas. 3.2 MUNICIPALITY OF MIDDLESEX CENTRE OFFICIAL PLAN The community of Ilderton is identified as one of two Urban Settlement Areas in the Municipality of Middlesex Centre Official Plan. Urban Settlement Areas either provide, or have the potential to provide, full municipal services. The Official Plan provides that all new proposed development shall be fully serviced by municipal water and sewage disposal systems. Urban Settlement Areas are expected to have the highest concentration and intensity of land uses, and will be the focus for future growth by accommodating a significant portion of growth over the planning period. The subject lands are further identified as within the Settlement Commercial land use designation and Special Policy Area (SPA#27) as per Schedule A-1 (Figure 6). Uses permitted within Settlement Commercial areas include general retail, personal services, recreational uses, restaurants and office uses. The Special Policy Area (SPA#27) designation provides that the establishment of any new uses on the property shall be subject to a further zoning by-law amendment application that includes the submission of a planning justification report, a market impact assessment and any other additional supporting documentation as deemed appropriate by the Municipality. Lands designated Residential are located to the east, west, and north of the subject lands, while lands abutting to the south are designated Parks and Recreation. The Parks and Recreation designation recognizes Heritage Park and the Ilderton Library. Zelinka Priamo Ltd. Page 7

17 August 15, 2018 Page 17 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton Figure 6 Municipality of Middlesex Centre Official Plan Schedule A (excerpt) Zelinka Priamo Ltd. Page 8

18 August 15, 2018 Page 18 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton 3.3 MUNICIPALITY OF MIDDLESEX CENTRE ZONING BY-LAW The subject lands are zoned Commercial (C2-13) Zone which permits only drive-through restaurants (Figure 7). This zone was recently implemented to permit the existing Tim Horton s restaurant. Figure 7 Municpality of Middlesex Centre Zoning By-Law (excerpt) Zelinka Priamo Ltd. Page 9

19 August 15, 2018 Page 19 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton 4.0 PROPOSED DEVELOPMENT HLH Investments Ltd. proposes to add a 352m 2 (3,800 ft 2 ), multi-unit commercial building on the vacant, southwest portion site (Figures 8-10). This building was originally proposed when the site was developed but was ultimately removed from that plan. The building is located approximately 7.3m from the westerly lot line to maximize spatial separation with the existing daycare establishment, and 2.8m from the southerly lot line to discourage activity behind the building. A range of commercial uses are contemplated for this building, as outlined in Section 5.0 of this report. Figure 8 Proposed Site Plan (excerpt) As the subject lands are already largely developed, with only the southwesterly portion vacant, the existing vehicular access and 46 parking spacesare to be maintained. A single loading space is proposed at the east side of the building. Zelinka Priamo Ltd. Page 10

20 August 15, 2018 Page 20 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton Figure 9 Proposed north (front) and south (rear) building elevations Figure 10 Proposed east (left) and west (right) building elevations Zelinka Priamo Ltd. Page 11

21 August 15, 2018 Page 21 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton 5.0 PROPOSED APPLICATION The proposed multi-unit commercial building is not currently permitted under the Commercial (C2-13) Zone. As such, HLH Investments Ltd. proposes to add a limited range of commercial uses to the existing Commercial (C2-13) Zone, and a special provision for a reduced rear yard setback, through a Zoning By-Law Amendment to in order to permit the proposed commercial building. The following additional commercial and service uses are proposed for the subject lands: Accessory uses; Place of entertainment; Animal clinic; Place of recreation; Clinic; Restaurant; Club, private; Service shop; Day nursery; Store, convenience; Financial institution; Store, retail; and, Office, general or professional; Studio. Professional service establishment; As no single user has yet been identified for the proposed building, the above range of appropriate uses is being sought to provide flexibility for future tenants. The proposed rear yard setback is 2.8m for the southerly lot line abutting Heritage Park. Zelinka Priamo Ltd. Page 12

22 August 15, 2018 Page 22 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton 6.0 PLANNING DOCUMENTS AND ANALYSIS PROVINCIAL POLICY STATEMENT (PPS) The Provincial Policy Statement (PPS), issued under the authority of Section 3 of the Planning Act provides policy direction on matters of provincial interest related to land use planning in order to ensure efficient, cost-efficient development and the protection of resources. All planning applications, including Official Plan and Zoning By-Law Amendment applications, are required to be consistent with these policies Analysis of the 2014 PPS In this analysis section, relevant policies are bordered and in italics, with discussion on how the proposed application is consistent with that policy immediately after: Section Healthy, liveable and safe communities are sustained by: b) accommodating an appropriate range and mix of residential, employment (including industrial, commercial and institutional uses), recreational and open space uses to meet longterm needs; e) promoting cost-effective development patterns and standards to minimize land consumption and servicing costs; The subject lands are well suited to accommodate the proposed range of commercial uses at the intersection of two main roads. The proposed commercial building represents a costeffective development pattern which will minimize land consumption and servicing costs. Section Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. Section 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; b) a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy , where this can be accommodated. Zelinka Priamo Ltd. Page 13

23 August 15, 2018 Page 23 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton The subject lands are located within the Ilderton Settlement Area. The proposed commercial uses contribute Ilderton s continued vitality and regeneration. The proposed commercial building adds to appropriate mix of land uses and densities, and makes efficient use of land and infrastructure facilities. Active transportation is supported by locating commercial uses within walking and cycling distance of existing residential areas. The subject lands are an appropriate location for the additional building (i.e. intensification) as all infrastructure, parking facilities, and access from higher order streets is provided. Section New development taking place in designated growth areas should occur adjacent to the existing built-up area and shall have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities. The proposed development is located within the existing built-up area, represents a compact form of development (as only the building is proposed to be added to the site), and adds to the range of uses in the area. Section Planning authorities shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment and institutional uses to meet long-term needs; b) providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; Section Long-term economic prosperity should be supported by: a) promoting opportunities for economic development and community investment-readiness; The proposed commercial uses add an appropriate range of uses to the subject lands, promoting economic development and competiveness to meet the needs of the community of Ilderton. As noted in the Market Justification Report Update, prepared by UrbanMetrics Inc., the proposed development and associated commercial uses will not have a negative effect on the Ilderton Village Centre, but rather more likely will have a positive effect on other commercial uses in Ilderton. Zelinka Priamo Ltd. Page 14

24 August 15, 2018 Page 24 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton Section Municipal sewage services and municipal water services are the preferred form of servicing for settlement areas. Intensification and redevelopment within settlement areas on existing municipal sewage services and municipal water services should be promoted, wherever feasible. The subject lands currently make use of full municipal services. The proposed commercial building will also make use of full municipal services. Section A land use pattern, density and mix of uses should be promoted that minimize the length and number of vehicle trips and support current and future use of transit and active transportation. The proposed development and will add to the range of commercial uses available in the immediate area, thereby broadening the range of uses available within walking and cycling distance to area residents. As demonstrated above, the proposed Zoning By-Law Amendment to permit an expanded range of commercial uses on the subject lands is consistent with the policies of the 2014 PPS. It is noted that the appropriateness and compatibility of the proposed building and uses are examined in greater detail in the following sections of this report. 6.2 ANALYSIS OF THE COUNTY OF MIDDLESEX OFFICIAL PLAN The County of Middlesex Official Plan (COP) provides broad policies regarding land use for the County of Middlesex. Decisions regarding land use in the County must be consistent with the COP. The subject lands are identified as being within the Ilderton Urban Area. General policies for Urban Areas are found in Section of the COP, which provides that new development is directed to settlement areas; shall be on full municipal services; and, be adjacent to existing built-up areas. The proposed development is consistent with this policy direction by being within a settlement area; makes use of full municipal services; and, is within the built-up area. Section provides policies regarding intensification and redevelopment. The Official Plan supports, and encourages, intensification and redevelopment in areas where it may be physically supported and is compatible with surrounding uses. As the activity on the subject lands is already largely informed by the existing Tim Horton s restaurant, the proposed building and occupying commercial uses will have little impact on the functionality of the site. The building is located away from the abutting daycare establishment as to provide an appropriate setback with sufficient area for landscape buffers. Lands to the south contain a Zelinka Priamo Ltd. Page 15

25 August 15, 2018 Page 25 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton public park, which will interface with the rear of the proposed building; this relationship is considered compatible. Furthermore, the rear and side yard setbacks have been designed to ensure a sufficient setback and static wall faces with limited or no activity features, thereby ensuring a high level of compatibility with lands to the west and south. The proposed building will have little, if any, impact on low-density residential uses to the north and east. Section of the COP encourages development on full municipal services, as outlined in The proposed development will utilize full municipal services and is therefore consistent with this policy. Section 3.2 provides policies for development within Settlement Areas, and provides that: Settlement Areas shall develop in a manner that is phased, compact, and does not result in a strip pattern of development; Development shall be in accordance with local Official Plans; and, A variety of residential and commercial uses, among other uses, are permitted within Urban Areas. The proposed commercial building and additional commercial uses comply with the policies noted above by being compact and efficient, by being located in a Settlement Area, and by consisting of uses permitted within Urban Areas. Based on the above, the proposed Zoning By-Law Amendment is consistent with the policies of the County of Middlesex Official Plan. 6.3 ANALYSIS OF THE MUNICIPALITY OF MIDDLESEX CENTRE OFFICIAL PLAN The Municipality of Middlesex Centre Official Plan (OP) provides more specific policies regarding land use for the Municipality of Middlesex Centre. Decisions regarding land use in Middlesex Centre must be consistent with both the COP and the OP. The subject lands are within the Ilderton Urban Settlement Area and are within the Settlement Commercial and Special Policy Area #27 land use designations. The intent of the Settlement Commercial land use designation is to provide additional opportunities for retail, service, and office uses within Urban and Community Settlement Areas where such uses will not undermine the planned function of the established Village Centres of the Municipality, and to provide areas where larger commercial uses can locate outside of existing Village Centres. Permitted uses within Settlement Commercial designations include general retail, personal services, recreational uses, office uses and Zelinka Priamo Ltd. Page 16

26 August 15, 2018 Page 26 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton restaurants. The range of uses proposed falls within the range of uses permitted in the Settlement Commercial designation. The Special Policy Area #27 states that The establishment of any new uses on the property shall be subject to a further zoning by-law amendment application that includes the submission of a planning justification report, a market impact assessment and any other additional supporting documentation as deemed appropriate by the Municipality. The present Zoning By-law Amendment application and associated submission materials, including this Planning Justification Report, and the Retail market Justification Update, are intended to satisfy this policy to permit an expanded range of commercial and service uses. Section sets out policies for proposals to establish new, and expand existing, Settlement Commercial areas. As the proposed ZBA seeks to expand the range of permitted commercial uses, applicable policies are noted as follows: a) Sufficient market analysis to determine anticipated impacts on the continued health and viability, and planned function, of identified Village Centres; existing and proposed settlement commercial; and existing and proposed rural commercial areas within the Municipality. Such studies should also consider the implications of the application to the commercial structure, and existing commercial opportunities, within adjacent municipalities. While a market study was previously submitted, and peer reviewed, for the previous Official Plan Amendment and Zoning By-law Amendment on the subject lands, an updated study, the Market Justification Report Update provided by urbanmetrics Inc., concludes that there will be no negative effect of the proposed additional commercial and service uses on the health and viability of the Ilderton Village Centre. Key excerpts from the report which speak to addressing Section a) of the OP and SPA#27 are as follows: The remaining commercial space to be constructed on the subject site includes only 3,800 square feet of commercial space. Recognizing that this would be a very minimal addition to the existing inventory of commercial space in the local area, in our professional opinion the proposed development would not undermine the planned function or ongoing economic viability of commercial facilities located in the Ilderton Village Centre, or for that matter any other commercial areas in Middlesex Centre. In fact, the proposed development would help to supplement the existing commercial inventory in Ilderton and help to ensure that there is sufficient commercial space to serve the growing population living in the local community. The subject site is located only 300 metres east of the Village Centre and therefore will ultimately act as an attraction or anchor for this area, no matter what tenants ultimately locate in the proposal. Zelinka Priamo Ltd. Page 17

27 August 15, 2018 Page 27 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton The addition of new commercial space on the subject site would help to augment the limited supply of existing commercial space in Ilderton and in our professional opinion would not have a negative impact on the continued viability and planned function of the Ilderton Village Centre. Instead, the development of the type of uses proposed would potentially help to reduce the outflow of expenditures from Ilderton to communities located outside of the defined Trade Area (e.g. London). Therefore, sufficient market analysis has been performed to satisfy Section a) of the OP and SPA#27. c) Planning studies detailing implications of the application to land use and public interest issues including impacts on adjacent properties and uses; impacts on the proposed structure of land use within the Municipality; issues of physical design; and issues of general Municipal quality of life and community character. Section5.4.4.b) above is addressed through the following analysis: The majority of the subject lands are already developed for a Tim Horton s drive through restaurant, which is a notably higher impact use than the proposed building and commercial uses. Given this existing condition, and the effect of Hyde Park Road and Ildertron Road providing physical separation between the subject lands and adjacent lands to the north and east, no additional impacts to those areas are anticipated. Both the interior side yard (west) and rear yard (south) are to include landscape buffers and fencing. The proposed building setback from the abutting daycare facility to the west is consistent with the regulations in the standard Highway Commercial (C2) Zone and is compatible. Furthermore, the west elevation of the proposed building (facing the daycare facility) is not an active building elevation and is an appropriate interface with the abutting lands. Lands to the south interface with Heritage Park, and will be buffered by a 1.8m board-onboard fence (currently being installed). The placement of the building at a 2.8m setback achieves enhanced compatibility by discouraging activity between the building and lot line. Also, given that lands immediately to the south are used for a tennis court and skateboard park, the proposed reduced rear yard setback is appropriate. The proposed development provides an expansion to the range of commercial amenities found in the community of Ilderton. The proposed development will enhance the built form and range of uses in Ilderton, and contribute to the character of the community. It is not anticipated that the proposed development will have a significant impact on the structure of land use within the Municipality. Zelinka Priamo Ltd. Page 18

28 August 15, 2018 Page 28 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton The physical design of the proposed development is largely informed by the existing site conditions, being the Tim Horton s restaurant, drive-through facilities, and parking area. The proposed building elevations, as shown in Figures 9 and 10, show a contemporary, single storey building with a generous amount of glazing on the front elevation. The physical design is considered compatible with the site s context and existing restaurant. As noted in the Retail Market Study prepared by Urban Metrics Inc., in recent years, there has been a significant amount of residential development in Ilderton (including Timberwalk; Meadow Creek Estates; Deerhaven). In response to this population growth, there is a need for additional commercial space in Ilderton. The proposed development will meet a portion of this need. Demand for the proposed retail and service commercial uses would be derived primarily from the local population in Ilderton, including residents living in nearby residential neighbourhoods, local seniors/retirement homes, in addition to local employees, pass-by traffic, and visitors to the community. Section 6 of the Official Plan provides municipal design policies. The following policies are applicable to the subject lands: 6.3.c) A high quality of site design and architectural design is encouraged for new commercial,industrial and medium density residential developments, in keeping with the physical character of the settlements. Setbacks, massing, location of parking, architecture and so on will be considered carefully to promote developments compatible with existing development and character. Parking areas should be de-emphasized through appropriate placement and through well designed landscaping. 6.3.f) New buildings and development should generally be oriented to streets or parks, and should be designed and situated in harmony and in a compatible manner with adjacentstructures and surrounding neighbourhood character. 6.3.g) Development shall have regard for the Municipality s Urban Design Guidelines. The proposed commercial building provides a high level of urban design that is compatible with the context of the area (Figures 9 and 10). Specific consistency with the Municipality s Urban Design Guidelines will also be confirmed through the Site Plan Approval process. The Settlement Commercial designation is intended to permit a range of commercial uses that would not normally be appropriate within Village Centre areas. The intent of SPA#27 is to ensure that there is sufficient supporting documentation and justification to permit a broader range of uses on the subject lands, beyond the current drive-through restaurant. As demonstrated above, and in the Market Justification Report Update, the proposed Zoning By- Law Amendment to permit a broader range of appropriate commercial uses on the subject lands is consistent with the policies and intent of the Middlesex Centre Official Plan. Zelinka Priamo Ltd. Page 19

29 August 15, 2018 Page 29 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton 6.4 ANALYSIS OF THE MUNICIPALITY OF MIDDLESEX CENTRE ZONING BY-LAW As the current Commercial (C2-13) Zone does not permit the proposed development, a Zoning By-Law Amendment is proposed to permit the following additional uses on the subject lands: Accessory uses; Place of entertainment; Animal clinic; Place of recreation; Clinic; Restaurant; Club, private; Service shop; Day nursery; Store, convenience; Financial institution; Store, retail; and, Office, general or professional; Studio. Professional service establishment; Of the uses listed above, it was identified by Municipal staff that store, retail (otherwise known as a retail store) may have the potential to impact other commercial uses in Ilderton. To address this concern, an update to the previously submitted Market Justification Report was prepared by urbanmetrics Inc. In their Market Justification Report Update, urbanmetrics states that the community of Ilderton can support the full range of uses listed above, including retail stores; that these uses will not have a negative effect on the Ilderton Village Centre; and, that additional commercial uses will likely have a positive effect on Ilderton as a whole. The findings of the Market Justification Report Update are further discussed in detail in Sections 6.3 and 7.1 of this report. Given their locational context at the intersection of two main roads, the subject lands are an ideal location for additional commercial uses in Ilderton. The location of the subject lands allows them to take advantage of passing vehicular traffic, and are still within walking distance of the Village Centre. Furthermore, it has been observed that the existing Tim Horton s restaurant is very active, suggesting that additional commercial uses on the site will be well received by the community as a whole. The list of proposed uses above is reflective of the range of uses which may occupy the proposed building. It is common practice in commercial land development to provide a broad, but appropriate, range of uses for prospective tenants, allowing for immediate occupation of a building. As such, it is likely that only several of the proposed uses will actually occupy the building at any time. The rear yard setback regulation for the standard Highway Commercial (C1) Zone is 10.0m, whereas the proposed rear yard setback (abutting Heritage Park) is 2.8m. The intent of a Zelinka Priamo Ltd. Page 20

30 August 15, 2018 Page 30 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton 10.0m setback is to buffer commercial uses from sensitive land uses, such as single detached dwellings. It is important to note that, as the subject lands are a corner lot, the rear yard could be interpreted as either the southerly or westerly lot lines. One of the design intents of the proposed commercial building is to locate it an appropriate distance away from the abutting daycare facility, consistent with the intent of the C1 rear yard setback requirement. Placing the building at the proposed location, a 7.3m side yard setback provides enhanced compatibility with the daycare facility, and places the building closer to Heritage Park. As Heritage Park is not considered a sensitive land use (with the portion abutting the lands containing a tennis court and skateboard park), a reduced setback in this location is appropriate, and discourages unwanted activity (e.g. loitering) behind the building. As such, the proposed rear yard setback of 2.8m is appropriate and, in this context, is consistent with the intent to provide spatial separation with more sensitive land uses. Additionally, this setback provides for a more efficient and functional use of the subject lands. As discussed throughout this report, the proposed additional commercial uses and reduced rear yard setback for the subject lands is consistent with the policy direction provided by the Middlesex Centre Official Plan, and is consistent with the regulatory intent of the Zoning By- Law. The proposed range of commercial uses will not have a negative effect on the Village Centre, and are appropriate for the subject lands, given their land use designation, supporting justifying documentation, and their location at the intersection of two main roads abutting a public park. 7.0 ADDITIONAL CONSIDERATIONS 7.1 MARKET JUSTIFICATION REPORT UPDATE A Market Justification Report was submitted together with a previous Official Plan and Zoning By-law Amendment application for the subject lands in Ultimately, the additional commercial uses sought in this application were removed from the previous application. Since that time the subject lands have been developed for a drive-through restaurant and conditions have changed within Ilderton, with notable residential growth. SPA#27 identifies the need for supporting market analysis to support any additional uses on the subject lands. As such, urbanmetrics Inc. has prepared the Market Justification Report Update (May 2018) to address this policy. The findings of this report update confirm that there is sufficient market demand to support the proposed 3,800ft 2 of commercial floor space for the entire range of uses proposed. Key findings of the report are as follows: The remaining commercial space to be constructed on the subject site includes only 3,800 square feet of commercial space. Recognizing that this would be a very minimal addition to the existing inventory of commercial space in the local area, in our professional opinion the proposed development would not undermine the planned Zelinka Priamo Ltd. Page 21

31 August 15, 2018 Page 31 of 64 Planning Justification Report May 25, Ilderton Road, Ilderton function or ongoing economic viability of commercial facilities located in the Ilderton Village Centre, or for that matter any other commercial areas in Middlesex Centre. In fact, the proposed development would help to supplement the existing commercial inventory in Ilderton and help to ensure that there is sufficient commercial space to serve the growing population living in the local community. [emphasis added] The subject site is located only 300 metres east of the Village Centre and therefore will ultimately act as an attraction or anchor for this area, no matter what tenants ultimately locate in the proposal. The addition of new commercial space on the subject site would help to augment the limited supply of existing commercial space in Ilderton and in our professional opinion would not have a negative impact on the continued viability and planned function of the Ilderton Village Centre. Instead, the development of the type of uses proposed would potentially help to reduce the outflow of expenditures from Ilderton to communities located outside of the defined Trade Area (e.g. London). 7.2 TRANSPORTATION The subject lands are accessed via two, full-turn driveways; one on Ilderton Road; and, one on Hyde Park Road. No change to the driveways is proposed. A Traffic Impact Assessment (TIA) was previously submitted for the original development proposal, which included the additional commercial building. 8.0 CONCLUSIONS The proposed Zoning By-Law Amendment to add an appropriate range of commercial uses to the Commercial (C2-13) will help meet the need for warranted commercial space in Ilderton and will provide an expanded range of uses and services for the community. The proposed development will not have undue negative impacts on surrounding land uses and will provide additional commercial amenities to area residents and the travelling public. Furthermore, as provided in the Market Justification Report Update, the proposed development is will not undermine the function and viability of the Ilderton Village Centre, but rather will have a positive effect on the all commercial uses in the community. The proposed Zoning By-law Amendment is consistent with the 2014 PPS, both the County of Middlesex and Middlesex Centre Official Plans, and maintains the intent of the Zoning By-Law. For these reasons, the proposed Zoning By-Law Amendment to permit the proposed development is appropriate for the subject lands and represent good planning practice. Zelinka Priamo Ltd. Page 22

32 August 15, 2018 Page 32 of 64 May 16, 2018 Mr. Harry Hermann HLH Investments Ltd Hyde Park Road London, ON N6H 5L7 Dear Mr. Hermann: RE: Ilderton Road Market Justification Report Update urbanmetrics inc. ( urbanmetrics ) has been asked by your planning consultant, Mr. Matt Campbell, to provide an update to our initial report, dated June 20, 2016, which was undertaken in support of your 6,500 square foot commercial development located at the southwest corner of Ilderton Road and Hyde Park Road (13349 Ilderton Road) in Ilderton, Ontario. A peer review of our initial study was also undertaken by Watson & Associates Economists Ltd. ( Watson ) and submitted to the municipality on July 22, urbanmetrics also submitted a response to the Watson peer review, dated August 3, Since that time, a 2,700 square foot Tim Hortons restaurant has been constructed on the subject site, however, the remaining 3,800 square feet of commercial space has yet to be constructed and is the primary focus of this update. The following summary report provides an update to our initial market justification study and includes commentary with respect to the range of tenants that would be suitable for the 3,800 square foot ancillary commercial building that is proposed on the site. The commercial uses we have recommended as potential tenants are those that would have limited, if any, impact on the Ilderton Village Centre. Yours truly, urbanmetrics inc. Douglas R. Annand, CMC, PLE Partner dannand@urbanmetrics.ca

33 August 15, 2018 Page 33 of Ilderton Road Market Justification Report Update Policy Context The subject site, which was previously designated Residential according to the Official Plan of the Municipality of Middlesex Centre ( Official Plan ), has now been designated as a Special Policy Area (SPA #27), as illustrated in Figure 1-1. The Official Plan states that for SPA #27, the establishment of any new uses on the property shall be subject to a further zoning by-law amendment application that includes the submission of a planning justification report, a market impact assessment and any other additional supporting documentation as deemed appropriate by the Municipality. Figure 1-1: The Municipality of Middlesex Centre Official Plan Schedule A-1 SOURCE: Official Plan of the Municipality of Middlesex Centre Schedule A-1.

34 August 15, 2018 Page 34 of Ilderton Road Market Justification Report Update 2 The subject site was previously zoned Urban Residential First Density (UR1) Residential according to the Municipality of Middlesex Centre Zoning By-Law ( Zoning By-law ), however, it is now zoned Highway Commercial Exception 13 (C2-13), as illustrated in Figure 1-2. Figure 1-2: The Municipality of Middlesex Centre Zoning By-law SOURCE: Municipality of Middlesex Centre Zoning By-law Schedule A Key Map U-7.

35 August 15, 2018 Page 35 of Ilderton Road Market Justification Report Update 3 The Highway Commercial-Exception 13 (C2-13) zoning permits the development of a drive-thru restaurant. However, it does not permit other Highway Commercial uses. As indicated in the Official Plan, a Zoning By-law Amendment ( ZBA ) is required to permit a greater variety of commercial uses on the subject site. Below we have provided a comparison of the uses permitted for properties zoned C1 Village Commercial and C2 Highway Commercial, as well as the range of uses you are seeking through this ZBA. Figure 1-3: Additional Uses Proposed for ZBA C1 - Village C2 - Highway Commercial Commercial Proposed ZBA Accessory Use YES YES Accessory Use Animal Clinic YES YES Animal Clinic Bed and Breakfast Establishment YES NO Building Supply Establishment NO YES Boarding House YES NO Car wash YES YES Clinic YES NO Clinic Club, private YES NO Club, private Day Nursery YES YES Day Nursery Dwelling units (above first floor) YES NO Financial Institution YES YES Financial Institution Flea Market NO YES Garage, public YES YES Garden Centre NO YES Gas Bar YES YES Hotel/Motel/Tavern YES YES Motor Vehicles Sales Establishment YES YES Motor Vehicle Service Establishment YES YES Office, general or professional YES YES Office, general or professional Parking Lot YES NO Personal Service Establishment YES YES Personal Service Establishment Place of Entertainment YES YES Place of Entertainment Place of Recreation NO YES Place of Recreation Nursery NO YES Restaurant YES YES Restaurant Restaurant, drive-through YES YES Restaurant, drive-through Service Shop YES YES Service Shop Store, convenience YES YES Store, convenience Store, retail YES YES Store, retail Studio YES YES Studio SOURCE: Municipality of Middlesex Centre Zoning By-law

36 August 15, 2018 Page 36 of Ilderton Road Market Justification Report Update Site & Access The subject site is located within the Ilderton Settlement Area Boundary, at the southwest corner of Ilderton Road and Hyde Park Road. The site is currently occupied by a newly constructed Tim Hortons restaurant with drive-thru, and a portion of the site that has been cleared for the construction of approximately 3,800 square feet of ancillary commercial space, as illustrated in Figure 2-1. Figure 2-1: Subject Site SOURCE: urbanmetrics inc. The location of the subject site, provides good accessibility for residents living in the existing and future residential neighbourhoods surrounding the site, as well as nearby employees and other visitors to the local area. The high volumes of traffic on both Ilderton Road and Hyde Park Road also make the subject site ideal for the development of the proposed highway commercial centre, and the type of use permissions you are seeking. In our opinion the proposed development would be compatible with the surrounding land uses, and due to its small size and expected tenant mix, it would not undermine the planned function of the Ilderton Village Centre, where the majority of commercial uses in the local community are currently concentrated. In fact, the proposed development has the potential to help increase the attraction of the Ilderton Village Centre, which is located approximately 300 metres west of the subject site. As described in our initial study, there continues to be a limited amount of commercial space in Ilderton, despite the considerable amount of residential growth that has occurred recently and is projected to accelerate in future years. It is important to emphasize that the remaining commercial space to be constructed on the subject site includes only 3,800 square feet of commercial space. Recognizing that this would be a very minimal addition to the existing inventory of commercial space in the local area, in our professional opinion the proposed development would not undermine the planned function or ongoing economic viability of commercial facilities located in the Ilderton Village Centre, or for that matter any other commercial areas in Middlesex Centre. In fact, the proposed development would help to supplement the existing

37 August 15, 2018 Page 37 of Ilderton Road Market Justification Report Update 5 commercial inventory in Ilderton and help to ensure that there is sufficient commercial space to serve the growing population living in the local community. Furthermore, we note that in 2013 the Municipality of Middlesex Centre approved a ZBA to permit an office development (i.e. commercial use) on a nearby property located at 15 Meredith Drive that had previously been zoned for residential uses. Later in 2017, the Municipality approved another ZBA for 15 Meredith Drive to expand the portion of the site zoned for commercial use, in order to provide for additional commercial space as part of a future expansion. As a result, an 8,000 square foot office building is currently under construction on this property, with further permissions for up to 8,000 square feet of additional space in future years. Figure 2-2: 15 Meredith Drive (Middlesex Mutual Insurance) SOURCE: urbanmetrics inc. Similar to the subject site, the property at 15 Meredith Drive is located outside of Ilderton s Village Centre; and was previously zoned and designated for residential development. However, in our opinion the subject site is better located compared to the 15 Meredith Drive site, which has an internal location that does not provide exposure to either, Ilderton Road or Hyde Park Road, the two primary roads in Ilderton. We would also note that the new office at 15 Meredith Drive, is a relocation of Middlesex Mutual Insurance, which was formerly located within Ilderton s Village Centre. The planning recommendation report undertaken by the Municipality of Middlesex Centre in support of the ZBA for the 15 Meredith Drive property noted that this project supported some strategic priorities identified in the Middlesex Centre Strategic Plan ( ). Similarly, the proposed development on the subject site also supports the same strategic priorities, including: Realizing development potential; Realizing economic development opportunities; and Expanding local employment options.

38 August 15, 2018 Page 38 of Ilderton Road Market Justification Report Update Trade Area Demographics The Trade Area delineated for the proposed commercial development is consistent with the Ilderton Settlement Area Boundary and is the same as the Trade Area used in our initial market justification report. Similar to our initial report, we have analyzed the historical, current and projected population in the Trade Area, as summarized in Figure 3-1, which indicates that the population in Ilderton has been growing at a much higher rate than Middlesex Centre as a whole. Based on housing forecasts for each Urban Settlement Area in Middlesex Centre, this trend is expected to continue in future years. Going forward until 2031, a significant portion of the projected growth in the Municipality of Middlesex Centre is projected to be concentrated within the defined Trade Area (i.e. Ilderton). Since our initial market justification report was undertaken, the 2016 Census data has been released. As a result, we have updated our analysis of the historical, current and projected population in the Trade Area in Figure 3-1. The updated 2031 population forecast is slightly lower than the 2031 population forecast from our initial market justification report, due to differences between the 2015 Environics population and the 2016 Census population. Nevertheless, the population forecasts for the Trade Area and Middlesex Centre have remained largely unchanged.

39 August 15, 2018 Page 39 of Ilderton Road Market Justification Report Update 7 Trade Area Figure 3-1: Trade Area Historical, Current and Projected Population Population ( ,790 1,990 4,110 Average Annual Increase Average Annual Growth 35.1% 2.2% 7.1% Middlesex Centre Population (2 16,270 17,000 18,030 23,610 Average Annual Increase Average Annual Growth 0.9% 1.2% 2.1% SOURCE: urbanmetrics inc. All figures have been rounded to the nearest 10. 1) The historical data for 2006, 2011 and 2016 are based on data from Statistics Canada, Census of Canada. The Census data has been adjusted to correct for the net Census undercount. The 2031 population has been forecast based on the 2016 population, plus the future residential population that has been calculated based on the number of unbuilt, potential and planned residential units in Ilderton according to Schedule 2 from the Middlesex Centre 2017 Development Charges Update, less the number of units constructed between May 2014 and May 2016 according to the CMHC data for Census Tract ) The historical data for 2006, 2011 and 2016 are based on data from Statistics Canada, Census of Canada. The Census data has been adjusted to correct for the net Census undercount. The 2031 population is based on the projections provided in Section 5 of the Official Plan. Notably, in addition to the significant levels of recent and projected future population growth, income levels in Ilderton are almost 30% higher than the Provincial average as of These above average income levels in Ilderton help to create demand for additional commercial space.

40 August 15, 2018 Page 40 of Ilderton Road Market Justification Report Update Competitive Overview In order to evaluate the existing supply of commercial facilities available to serve the Ilderton population both now and in future years, urbanmetrics has updated our previous inventory of all retail and service commercial space in the Trade Area and considered the competitive effect of any proposals for new space that may be built in the future. 4.1 Existing Commercial Space There is just under 55,000 square feet of existing commercial space in the Trade Area, as summarized in Figure 4-1. This represents an increase of approximately 10,000 square feet since our initial market justification report was undertaken. The new office for Middlesex Mutual Insurance accounts for the majority of this increase. Most of the existing commercial space in Ilderton has not changed since 2016 and continues to be comprised of small-scale, local-serving commercial service facilities that are less than 2,000 square feet. As such, the existing supply of retail and service commercial space in the Trade Area continues to be limited in terms of both the quantity of space, and the variety of commercial tenants. Figure 4-1: Existing Retail and Service Commercial Space in the Trade Area CATEGORY SIZE (ft 2 ) FSR: Convenience & Specialty Food Stores 2,360 TOTAL FSR 2,360 NFSR: Apparel and Accessories 1,380 NFSR: Other Miscellaneous 1,910 NFSR: Home Furnishings 1,100 TOTAL NFSR 4,390 Services: Banks/Credit Unions 2,790 Services: Post Office 2,550 Services: Professional, Scientific & Technical Services 3,670 Services: Selected Civic & Social Organizations 2,220 Services: Social Services 1,820 Services: Food Services & Drinking Places 6,770 Services: Cultural, Entertainment & Recreation Services 4,390 Services: Health Care Services 7,230 Services: Insurance & Real Estate Services 11,290 Services: Personal & Household Goods Repair & Maintenance Services 1,800 Services: Personal Care Services 3,060 Services: Selected Office Administrative Services 420 TOTAL SERVICES 48,010 TOTAL 54,760 SOURCE: urbanmetrics inc. based on inventory fieldwork conducted in May 2018.

41 August 15, 2018 Page 41 of Ilderton Road Market Justification Report Update 9 We note that there is no vacant commercial space in Ilderton, which indicates an unmet demand for new commercial space, given that a vacancy rate of 5.0% 7.5 % is typical in healthy commercial markets. Figure 5-2 illustrates the geographic distribution of the existing commercial facilities in Ilderton and illustrates how close the subject site is to the Village Centre. Figure 4-2: Map of Existing Commercial Facilities in Ilderton SOURCE: urbanmetrics inc. based on fieldwork conducted in May A detailed commercial inventory which corresponds with Figure 4-2 has been provided in Appendix A. Since our initial market justification report was undertaken in 2016, there have only been minor changes in the inventory of retail and service commercial facilities in Ilderton. While there has been some natural turnover of retail and service commercial tenants, only two new commercial facilities have been constructed in Ilderton since As described in Section 2, the largest addition to the commercial inventory in Ilderton is the new 8,000 square foot Middlesex Mutual Insurance office at 15 Meredith Drive. The Tim Hortons drive-thru restaurant on the subject site is the only other newly constructed commercial facility in Ilderton. The property formerly occupied by Middlesex Mutual Insurance, located in the Village Centre, has been re-tenanted and is now occupied by Positive Image Fitness and LivyBean Marketplace, confirming the viability of the Village Centre as an attractive commercial location.

42 August 15, 2018 Page 42 of Ilderton Road Market Justification Report Update 10 Currently, local residents are forced to travel outside of the Trade Area to larger Urban Settlement Areas within Middlesex Centre (e.g. Komoka) and/or shopping facilities located outside of the municipality entirely (e.g. London) in order to access most retail and service commercial uses, including higher order commercial facilities that are unlikely to locate in Ilderton. The addition of new commercial space on the subject site would help to augment the limited supply of existing commercial space in Ilderton and in our professional would not have a negative impact on the continued viability and planned function of the Ilderton Village Centre. Instead, the development of the type of uses proposed would potentially help to reduce the outflow of expenditures from Ilderton to communities located outside of the defined Trade Area (e.g. London). 4.2 Proposed Commercial Space As noted in our initial market justification report, there is a property located within the Ilderton Settlement Area Boundary that is currently being marketed for medical/office space. The property, which is shown in Figure 4-3, is located at Ilderton Road and measures less than 0.5 acres. Figure 4-3: Ilderton Road SOURCE: urbanmetrics inc. As noted in Section 2 of this letter report, there is also the opportunity to add another 8,000 square feet of commercial space on the property occupied by the new Middlesex Mutual Insurance office at 15 Meredith Drive. However, this site is located internal to a residential neighbourhood, and therefore does not have exposure to either, Ilderton Road or Hyde Park Road, the two primary roads in Ilderton. In our opinion, the subject site is in a much better location for commercial development compared to the property at 15 Meredith Drive.

43 August 15, 2018 Page 43 of Ilderton Road Market Justification Report Update Warranted Commercial Space We have undertaken an update to the per capita space analysis that was included in our initial market justification report to confirm the amount of warranted additional retail and service commercial space required in the Trade Area. In this analysis we have utilized the projected population in Ilderton as summarized in Figure 3-2 of this letter report. The methodology and assumptions utilized to determine the current and future warranted commercial space in Ilderton are the same as in our initial market justification report. The per capita space analyses summarized in Figures 5-1, 5-2 and 5-3 focus on the store categories that you are requesting and are most likely to represent the type of highway commercial uses that would locate in the 3,800 square foot building on the subject site. Figure 5-1: Warranted Per Capita Commercial Space Comparison 2016 & 2031 SOURCE: urbanmetrics inc.

44 August 15, 2018 Page 44 of Ilderton Road Market Justification Report Update 12 Figure 5-2: 2016 Per Capita Space Analysis Trade Area SQFT Per Capita Space Requirements (1 Total Space Required by Trade Area Residents Target Trade Area Capture Rate (2 Space Supported by Trade Area Residents Less Existing Effective Space (3 Net Additional Space Supported in Trade Area (4 Inflow (from outside Trade Area) Total Additional Warranted Space in the Trade Area Category ILDERTON TRADE AREA A B C D E F G H 2016 Population 1,990 (A X Pop'n) (B X C) (D-E) (F/(1-G)) FOOD STORE RETAIL (FSR) Convenience & Specialty Food 1.5 2, % 2,388 1, % 900 SUB TOTAL 1.5 2, % 2,388 1, SELECTED NON FOOD STORE RETAIL (NFSR) General Merchandise 3.0 5, % 1, , % 1,500 Building & Outdoor Supply Stores 2.5 4, % 1, , % 1,300 Health and Personal Care Stores 1.5 2, % 1, , % 1,500 Clothing & Accessories Stores 2.5 4, % 1, % n/a Furniture, Home Furnishings, Electronics & Computer Stores 2.5 4, % 1, % 500 Miscellaneous Retailers 2.5 4, % 2,000 1, % 800 SUB TOTAL , % 7,600 3,073 4,527 5,600 OTHER RETAIL Other: Liquor / Beer / Wine n/a n/a n/a n/a 0 n/a n/a n/a SUB TOTAL n/a n/a n/a n/a 0 n/a n/a SERVICES Financial Services 1.0 1, % 1,200 1, % n/a Eating & Drinking Establishments 4.0 7, % 5,200 4, % 600 Personal Care Services 1.0 1, % 1,400 2, % n/a Entertainment & Fitness Establishments 1.5 2, % 1,800 3, % n/a Health Care Services 1.5 2, % 1,800 5, % n/a Professional, Scientific & Technical Services % 200 2, % n/a All Other Services ( , % 2,400 14, % n/a SUB TOTAL , % 14,000 33, GRAND TOTAL , % 21,600 38,332 5,724 7,100 SOURCE: urbanmetrics inc. 1) urbanmetrics estimates based on our market experience in Middlesex County and elsewhere in southwestern Ontario. 2) urbanmetrics estimates. 3) Assume effective space of 70%, which recognizes the type and location of existing space and represents the space supported locally by Ilderton residents. 4) For categories where 'Existing Effective Space' exceeds 'Space Supported by Trade Area Residents', 'Net Additional Space Supported in Trade Area' has been set at 0 (rather than a negative number). This indicates that there may be an existing oversupply within these specific categories. 5) All Other Services includes Personal Household Goods Repair & Maintenance Services; Post Offices; Selected Civic and Social Organizations; Selected Office Administrative Services; Insurance and Real Estate Services; and Social Services.

45 August 15, 2018 Page 45 of Ilderton Road Market Justification Report Update 13 Figure 5-3: 2031 Per Capita Space Analysis Trade Area SQFT Per Capita Space Requirements (1 Total Space Required by Trade Area Residents Target Trade Area Capture Rate (2 Space Supported by Trade Area Residents Less Existing Effective Space (3 Net Additional Space Supported in Trade Area (4 Inflow (from outside Trade Area) Total Additional Warranted Space in the Trade Area Category ILDERTON TRADE AREA A B C D E F G H 2031 Population 4,110 (A X Pop'n) (B X C) (D-E) (F/(1-G)) FOOD STORE RETAIL (FSR) Convenience & Specialty Food 1.5 6, % 4,932 1,652 3, % 4,100 SUB TOTAL 1.5 6, % 4,932 1,652 3,280 4,100 SELECTED NON FOOD STORE RETAIL (NFSR) General Merchandise , % 2, , % 3,100 Building & Outdoor Supply Stores , % 2, , % 2,600 Health and Personal Care Stores 1.5 6, % 2, , % 3,100 Clothing & Accessories Stores , % 2, , % 1,400 Furniture, Home Furnishings, Electronics & Computer Stores , % 2, , % 2,300 Miscellaneous Retailers , % 4,100 1,337 2, % 3,500 SUB TOTAL , % 15,900 3,073 12,827 16,000 OTHER RETAIL Other: Liquor / Beer / Wine n/a n/a n/a n/a 0 n/a n/a n/a SUB TOTAL n/a n/a n/a n/a 0 n/a n/a SERVICES Financial Services 1.0 4, % 2,500 1, % 500 Eating & Drinking Establishments , % 10,700 4,739 5, % 7,500 Personal Care Services 1.0 4, % 2,900 2, % 800 Entertainment & Fitness Establishments 1.5 6, % 3,700 3, % 600 Health Care Services 1.5 6, % 3,700 5, % n/a Professional, Scientific & Technical Services 0.5 2, % 400 2, % n/a All Other Services ( , % 4,900 14, % n/a SUB TOTAL , % 28,800 33,607 7, % 9,400 GRAND TOTAL , % 44,700 38,332 24,000 29,500 SOURCE: urbanmetrics inc. 1) urbanmetrics estimates based on our market experience in Middlesex County and elsewhere in southwestern Ontario. 2) urbanmetrics estimates. 3) Assume effective space of 70%, which recognizes the type and location of existing space and represents the space supported locally be Ilderton residents. 4) For categories where 'Existing Effective Space' exceeds 'Space Supported by Trade Area Residents', 'Net Additional Space Supported in Trade Area' has been set at 0 (rather than a negative number). This indicates that there may be an existing oversupply within these specific categories. 5) All Other Services includes Personal Household Goods Repair & Maintenance Services; Post Offices; Selected Civic and Social Organizations; Selected Office Administrative Services; Insurance and Real Estate Services; and Social Services.

46 August 15, 2018 Page 46 of Ilderton Road Market Justification Report Update Conclusions In recent years, there has been a substantial amount of residential growth in Ilderton, which has outpaced commercial market growth in the local community. As a result, there is definitely sufficient market demand to warrant the addition of 3,800 square feet of selected commercial uses on the subject site, to accompany the 2,700 square foot Tim Hortons drive-thru restaurant that already exists. In our opinion, the analysis contained in this updated report and our initial market justification study, continue to support the proposed ZBA, which would expand the range of permitted uses on the subject site to allow the following uses, recognizing that due to the limited size of this building, only one or a small number of these uses would be able to locate in this facility: Accessory Use Animal Clinic Clinic Club, private Day Nursery Financial Institution Office, general or professional Personal Service Establishment Place of Entertainment Place of Recreation Restaurant Restaurant, drive-through Service Shop Store, convenience Store, retail Studio As illustrated in our per capita space analysis, there is a considerable amount of warranted space in Ilderton, particularly in the following retail categories: Convenience and Specialty Food Stores, Selected Non-Food Retail Stores, Food Services and Drinking Places and Personal Care Services. Examples of retail tenants that would be most likely to locate in the proposed development include: convenience stores, variety stores, dollar stores, family clothing stores, computer stores, pet stores, florists, gift/novelty stores, and/or other similar types of retailers. Examples of service tenants that would be most likely to locate on the subject site include: restaurants, professional offices and personal care services (i.e barber, beauty salon, nail salon, etc.). Recognizing its proximity to the Middlesex Centre Family Medicine Clinic, the subject site could also be a good location for a medical office. Based on our updated analysis it is our professional opinion that the proposed development comprised of any of the uses noted above would not have a detrimental impact on the viability of existing commercial space in the Ilderton Village Centre. Rather, the development would help to augment the existing supply of commercial space in Ilderton and provide an additional commercial anchor located just 300 metres to the east of the Village Centre. As result, the proposed commercial centre actually has the potential to increase the viability of existing commercial enterprises elsewhere in Ilderton. Furthermore, the proposed development would help to increase local employment, both during and after construction, thereby directly supporting the local policy initiatives. Finally, it is important to emphasize that the proposed commercial development includes only 3,800 square feet of commercial space. Recognizing that this would be a minimal addition to the existing

47 August 15, 2018 Page 47 of Ilderton Road Market Justification Report Update 15 inventory of commercial space in the local area, the proposed development would not undermine the planned function or economic viability of the Ilderton Village Centre, or any other commercial areas in Middlesex County and adjacent municipalities. Appendix A Commercial Inventory Appendix A-1: Existing Retail and Service Commercial Space in the Trade Area (Full 2018 Inventory) ID Location Address City/Town Rounded Size (ft 2 Store Name ) Code Description 1 Ilderton Road & Hyde Park Road, SW Ilderton Road Ilderton 1,820 Bizzy Bees Day Care Center 255 Services: Social Services 2 Robert Street & Ilderton Road, SE 124 Robert Street Ilderton 2,550 Canada Post Office 296 Services: Post Office 3 Ilderton Road & Meredith Drive, NW Ilderton Road Ilderton 460 Suni's Convenience 100 FSR: Convenience & Specialty Food Stores 4 Ilderton Road & Meredith Drive, NW Ilderton Road Ilderton 3,010 Walker Hall Fitness and Lifestyle Centre 260 Services: Cultural, Entertainment & Recreation Services 5 Ilderton Road & Meredith Drive, NW Ilderton Road Ilderton 3,010 Body Mechanics 250 Services: Health Care Services 6 Ilderton Road & Robert Street, SW Ilderton Road Ilderton 1,380 Positive Image Fitness 260 Services: Cultural, Entertainment & Recreation Services 7 Ilderton Road & Robert Street, SW Ilderton Road Ilderton 1,380 Livy Bean Marketplace 140 NFSR: Apparel and Accessories 8 Ilderton Road & Meredith Drive, NW Ilderton Road Ilderton 1,680 Urbshott-Galloway Insurance 220 Services: Insurance & Real Estate Services 9 Ilderton Road & Mill Street, SE Ilderton Road Ilderton 810 The Village Teapot 270 Services: Food Services & Drinking Places 10 Ilderton Road & Mill Street, SE Ilderton Road Ilderton 910 Red Star Garage 281 Services: Personal & Household Goods Repair & Maintenance Services 11 Ilderton Road & Mill Street, SW Ilderton Road Ilderton 1,910 Active Chiropractic 250 Services: Health Care Services 12 Ilderton Road & Mill Street, SW Ilderton Road Ilderton 1,310 King Edward Pub & Restaurant 270 Services: Food Services & Drinking Places 13 Ilderton Road & Mill Street, SW Ilderton Road Ilderton 1,530 Fringe Hair Spa 290 Services: Personal Care Services 14 Ilderton Road & Mill Street, SW Ilderton Road Ilderton 850 For Pizzas Sake 270 Services: Food Services & Drinking Places 15 Ilderton Road & King Street, NE Ilderton Road Ilderton 810 Floral Temptations 190 NFSR: Other Miscellaneous 16 Ilderton Road & King Street, NE Ilderton Road Ilderton 810 Little off the Top 290 Services: Personal Care Services 17 Ilderton Road & King Street, NE Ilderton Road Ilderton 1,610 Royal Lepage 220 Services: Insurance & Real Estate Services 18 Ilderton Road & King Street, SE Ilderton Road Ilderton 1,100 New Orleans Pizza 270 Services: Food Services & Drinking Places 19 Ilderton Road & King Street, SE Ilderton Road Ilderton 1,100 Granite Computer Solutions 50 NFSR: Home Furnishings 20 Ilderton Road & King Street, SE Ilderton Road Ilderton 1,100 Ruff Trax Pet Supply 190 NFSR: Other Miscellaneous 21 Ilderton Road & King Street, SE Ilderton Road Ilderton 1,900 Ilderton Food Mart 100 FSR: Convenience & Specialty Food Stores 22 Ilderton Road & King Street, SW Ilderton Road Ilderton 2,790 CIBC 210 Services: Banks/Credit Unions 23 Ilderton Road & King Street, NW Ilderton Road Ilderton 890 Car & Truck Coin Wash 280 Services: Personal & Household Goods Repair & Maintenance Services 24 Ilderton Road & King Street, NW Ilderton Road Ilderton 420 Ilderton Tours 240 Services: Selected Office Administrative Services 25 Ilderton Road & King Street, NW Ilderton Road Ilderton 720 Muddy Paws Dog Grooming 290 Services: Personal Care Services 26 Ilderton Road & King Street, SW Ilderton Road Ilderton 2,310 Dove Dental Care 250 Services: Health Care Services 27 Ilderton Road & King Street, NW Ilderton Road Ilderton 2,220 Royal Canadian Legion 295 Services: Selected Civic & Social Organizations 28 King Steet & Ilderton Road, SW 125 King Steet Ilderton 1,440 Ilderton Pet Hospital 230 Services: Professional, Scientific & Technical Services 29 King Street & Stonefield Gate, NE 190 King Steet Ilderton 2,230 Tandell Research Ltd. 230 Services: Professional, Scientific & Technical Services 30 Ilderton Road & Hyde Park Road, SW Ilderton Road Ilderton 2,700 Tim Horton's 270 Services: Food Services & Drinking Places 31 Meredith Drive & Ilderton Road, NW 15 Meredith Drive Ilderton 8,000 Middlesex Mutual Insurance Co. 220 Services: Insurance & Real Estate Services TOTAL 54,760 SOURCE: urbanmetrics inc. based on fieldwork conducted in May 2018.

48 August 15, 2018 Page 48 of 64 ZBA HLH Investments Inc Ilderton Road, Ilderton Unapproved Public Meeting Minutes: This public meeting was held in the Coldstream Community Centre Hall, Ilderton Road, Ilderton, to accommodate the public expected to be in attendance. Mayor Edmondson welcomed all in attendance Ann Wright, Clerk, explained the process of the public meeting and explained that the purpose of this meeting was for public input and that Council would not be considering the application until a later meeting of Council in August. The Clerk read allowed the purpose and effect of the application and noted that 5 additional pieces of correspondence opposed to the application was received and distributed to Council prior to the meeting. Kelly Henderson, County Planner presented the Planning Report PLA The agent Matt Campbell, Planner for Zelinka Priamo Ltd., was in attendance and gave a PowerPoint presentation to explain the reason for the application and the purposed site. Public Comments: Llyod Stacey, Ilderton resident, voiced his concern that he felt there is already not enough parking on the site, he expressed concerns about excess traffic and illegal on street parking Skip Charlton, Ilderton Road resident, also voiced his concerns with insufficient parking, and also with garbage and garbage storage, enough space for service vehicles, and would like to see a list of excluded uses included Dakota Soares, Vanneck Road resident, concerns with the location to the village centre and would also see a list of restricted uses Councillor Silva joined the public meeting Dakota Soares would like the decision of Council postponed until after the election. He stated that he was opposed to the application. Stacey Kosar, PO Box 192 Ilderton resident, expressed concerns with traffic, and felt that the definition of Business is too vague, and agreed that the decision should be withheld until after the election Dorn, 30 Oakmont Gardens, Ilderton resident, concerns with more noise that would occur because of this proposed development, felt that this would hurt the downtown Ilderton Cathy Knixy, work address Ilderton Road, made note that she submitted a letter of opposition, and expressed concern that Council nor staff have not met or consulted with the Ilderton BIA since Tim Hortons, that the BIA s vision has not been considered.

49 August 15, 2018 Page 49 of 64 She felt like businesses of Ilderton should be allowed more participation and consultation in the process Roya Daycare Owner, expressed concern that more development on this corner would hurt other businesses. Concerns include the excessive traffic, air and Noise pollution and would cause dangerous traffic concerns for children. In addition there is already a big garbage and litter problem because of Tim Hortons. She says that it is a small Town and that s the way we want it to stay. Would like to see more business in the downtown core. She stated that she definitely does not want another daycare in that location Meggy Webber, 133 Ilderton Road, concerned with the amount of litter that already exists, and that there is already many close calls for accidents with people turning left out of Tim Hortons, and that large trucks are parking on the street in front of her house. It is hard to get out of her driveway because of the on street parking. Businesses should be kept in the downtown core Resident, 82 Robert Street Ilderton, his concern is with the traffic in the area, it is a very confined area and the intersection is a problem. Debbie Heffernan, Ilderton Road, concerned that the agent is incorrect with some of the details of the area in this presentation and report and it speaks to the reliability of the reports John, possess a question to the agent regarding what type of advertising will be used where it would be located. Would there be self-standing signage. Matt Campbell, Zelinka Primo Planner, responds by going to the provided signage location maps. At this time there is no free standing signs proposed. Signage will likely be included on the Site Plan. Resident, asks if there will be a lot more light Matt Campbell, Zelinka Primo Planner responds says that he is doubtful that it would create much more light. Resident, people are frustrated because they feel that it is already a done deal Christine, Mill Street, concerned that the public meeting is being held in the summer in Coldstream not in Ilderton Brian Urbshott, Nine Mile Road, Ilderton, questions the Planner regarding parking near the property line and concerned with whether the proposed parking can accommodate the required amount of parking. Henry speaks up and says that they building could be brought forward but that there is sufficient parking on site Brian Urbshott also asks who the parking police will be.

50 August 15, 2018 Page 50 of 64 Councillor Berze speaks and says that it will be dealt with during Site Plan Control through the CBO and the parking enforcement after it s been built. A lot of talking over top of each other Mayor Edmondson called for order and stressed that a decision would not be made tonight and that the point of the meeting was for public input to be considered when Council makes their decision. Arnie Marsman, CBO says it is a shared parking lot and the businesses on the property will self-police who is going to park where. Brian Urbshott questions the procedural by-law and says that this has already been dealt with in the past and now council is considering it again. Kelly Henderson, County Planner speaks and says that this is a separate application that is before Council. Mayor Edmondson thanked everyone for coming and expressing their concerns

51 August 15, 2018 Page 51 of 64 Sandy Whittall Ilderton Road Ilderton, Ontario N0M 2A July 5, 2018 Ann Wright, Clerk Municipality of Middlesex Centre Ilderton Road, RR # 2 Ilderton, Ontario N0M 2A0 Dear Ms. Wright: Re: Application for Zoning By-law amendment (ZBA ) by HLH Investments Inc. and public meeting July I am writing in relation to the above notice. It will be no surprise that since I vehemently and actively opposed the original Official Plan and Zoning Bylaw amendments of 2016/17 by this developer, I must once again submit my strong objection to this application. I am compelled to remind Counsel, although there should be no need, that a similar application linked with the drive-thru installation application, was rejected in October 2016 for well substantiated reasons. It is unfortunate and convenient that none of the staff that managed this file remain with Middlesex Centre, so I am concerned there will be no defense of the earlier rationale. I am equally concerned with the timing of this application and

52 August 15, 2018 Page 52 of 64 notice given summer vacations by many constituents that might otherwise have time to react and respond. My ongoing criticism is that our Counsel appears to continue to ignore a municipally funded 2012 study by Avi Friedman for Retooling Downtown Ilderton. If this has been abandoned, then Ilderton residents need some declaration of such. Even if the elements of the original study have been rejected, there is no evidence of a revised consideration of what the Village Centre in Ilderton could and should look like. Support of the creation of a strip mall at the entrance to Ilderton is not what I am looking to my current counsellors to be promoting. The earlier decision did not consider the IABA reservations and if that persists with this decision, I can only deduce that this Counsel and our local representative do not have the best interests of our community in mind but would rather cater to an out of town developer that prioritizes his return on investment. Although due to my vacation plans, I am unable to attend the public consultation (which at best is a charade of genuineness), I request and expect to receive further correspondence about this application so that I may reserve my right to appeal. Regards, Sandy Whittall c. Arnie Marsman Kelly Henderson

53 August 15, 2018 Page 53 of 64 Ann Wright, Clerk, Middlesex Centre Ilderton Road., RR#2 Ilderton, Ontario N0M 2A0 The Ilderton and Area Business Association are very much in favour of commercial growth in Ilderton. We see great value in the prospect of bringing new business to our community. We recognize that commercial growth would potentially provide benefits to both residents and the Municipality alike. We already have an identified Village Centre going from Meredith Drive to the arena on the main street of Ilderton. The Municipal official plan designates downtowns as the preferred commercial areas. Currently we have many businesses that call the Village Centre home and have recently have added four more businesses, a culmination of different and wonderful enterprises that make us stronger as a group in the downtown core. There still remains commercially zoned land available for potential development within the designated downtown core. The IABA has concerns in regards to the application to rezone the subject land that would allow an additional 3,800sq foot multi-unit commercial retail building and they are as follows: - the creation of 2 separate business districts that we foresee won t support each other but rather compete with each other based on the distance between the 2 areas. 300 metres is a fair distance to the downtown. - continued rezoning of other properties from residential to commercial in the same area to support the new commercial area. We know that at least one IABA member and a neighbouring home owner have been approached by HLH investments with a proposal.

54 August 15, 2018 Page 54 of 64 - further duplication of already existing businesses. Many of the mentioned potential businesses listed in the Justification report are already currently in the designated Downtown. Just because we have large residential growth in Ilderton it doesn t always translate to a healthy retail sector. We are very much a bedroom community. The report continually states that this development will not have a negative effect on the village centre but other than identifying the justification to increase the total of businesses, there is no mention of this development being complimentary of the existing businesss in the village centre. Only that it fills a need. - abandoning the CIP revitalization program from the Avi Freidman Retooling Ilderton report. - Abandoning the official plan where designated downtowns are the preferred commercial areas. -undermining the planned function of the established Village Centre The October 2016 recommendation by the municipal planner was approved by council. Council rejected the additional retail space to follow the Municipal official plan. The businesses in the Village Centre want to see that the official plan is upheld as was voted on, where future growth can be enhanced by existing businesses in the Village Centre. Yours truly, Ilderton and Area Business Association Kathy Nixey Chair

55 August 15, 2018 Page 55 of 64 Roya Martinek: I read the information regarding next door land by Tim Horton, that they are asking for a few options of vendors, and one was to have this space for a nursery. I do not understand why he should build a daycare in that corner while I am right next door. The last time everyone complained about zoning for Tim Hortons, which was ignored by all of you, this corner location creates unsafe and unhealty envoironment for our children, not only did it create more traffic it also encourages kids eating and drinking unhealthy food from Tim Hortons. With the park being adjacent to this busy corner we certainly do not want to increase the flow of traffic any more than what it is already. It is only a matter of time before a young child is headed for the park and gets run over by a car. The increasing garbage from Tim Hortons is all over town, the few houses close to Tim Hortons get the most garbage and why should they have to clean it up? We all pay our tax so why doesn't the township put a few garbage cans on main street? Afterall its the township that wanted Tim Hortons here. With all the problems from my new next door neighbor I would not want more garbage and traffic next to me. I think Tim Hortons is creating enough for 10 vendors. Also I certainly would not want another daycare next to me. I did call you on this matter not too long ago and you told me that there was no application from Harry Herman. Harry Herman is a very shrewd businessman that stops at nothing until he gets his way.

56 August 15, 2018 Page 56 of 64 July 13, 2018 Members of Middlesex Centre Council, c/o Ann Wright, Clerk, Municipality of Middlesex Centre, Ilderton Rd., R. R. #2, Ilderton, Ont. N0M 2A0 Dear Council members, Re: HLH Investments Inc.- Application for zoning by-law amendment (ZBA ) In regard to the above application, I refer to the previous planner s observations in his staff report of October 19, 2016 and his subsequent recommendation to decline the retail space. It is recommended that the proposed Official Plan Amendment be approved in part, in order to only permit the requested drive-thru restaurant. (Basically, there being no other location within the village, and in his opinion, there being no conflict with existing businesses by a drive-thru). The updated market study and justification reports submitted appear not to have any new or different information that could change his recommendation. Several years ago, the doctors office move from Main street, substantially reduced pedestrian traffic to the small businesses in the core. In 2011/2012 Avi Friedman Consultants Inc. was engaged by council, at a cost of approximately $30,000 to provide ideas to assist in regaining this traffic and create an overall vision for the business community. The resulting The Retooling Ilderton report was used as a guide for the subsequent Middlesex Centre by-law passed by council, to designate downtown Ilderton as a Community Improvement Project Area, and to support the growth and enhancement of commercial retail in the village centre. In the 5 years since, just under $100,000 has been spent to provide façade and signage improvements. Additionally, the Municipality of Middlesex Centre updated and approved their official plan as of September 29, The following texts copied from the updated plan are of note regarding this application: 1.7 (k) To develop the Municipality s Village Centres as the centres of commercial activity and community services, and as primary gathering places for community social interaction. New commercial and retail development should be directed to Village Centres wherever possible (b) It is the intent of this Plan to establish and maintain Village Centres in Urban and Community Settlement Areas as the centres of retail and services, community gathering, and community identity in the Municipality (a) To provide an additional opportunity for retail, service and office uses within Urban and Community Settlement Areas, where such uses will not undermine the planned function of the established Village Centres of the Municipality. Our small business entrepreneurs are the backbone of our communities. In Ilderton, these individuals support our community to the fullest, including sponsoring teams and fundraisers, organizing the Farmers Market, beautifying the main street by way of planters, volunteering for special events and then spending long days operating their own businesses, taking on risk many of us collecting paycheques never have to worry about. They have joined in every celebration with flags, floats, etc. for the betterment of our community. They deserve respect and support for their many efforts to enhance our village, by both council and administration.

57 August 15, 2018 Page 57 of 64 The premise for the drive-thru development was that one did not exist in Ilderton, and could not suitably exist in the core. That is not the case for other businesses. There continues to be commercially-zoned land available for potential development within the designated downtown core- hence, there is no justification for further development at the separate HLH location. We have an opportunity to make an Ilderton Village per Friedman s report, rather than an extension and copy of London. The investments already spent on improvements to the Village Centre and the Official Plan amendments of 2017 would indicate a level of commitment by Council that should support a rejection of this latest application by HLH Investments Inc. I have to comment that the timing of the application appears suspect. Also similar to the notification process in 2016, only the minimal required 20 days notice was given, and formal communication was provided to only the few residences that live within the prescribed adjacency to the subject property. For the rest of us, we needed to rely on signage. Additionally, the small planning meeting notification sign was removed for several days, so in actuality, less than the required 20 days notice was provided to the community at large and the replacement sign did not include an attached document outlining the planning request. The updated Market and Justification reports were not available on line until the Agenda information was posted on Friday afternoon, so residents have not even had adequate time to review prior to the public meeting. The fact this is the beginning of summer vacation time for many means concerned residents could be unaware of this amended zoning application. This push for approval, despite no known purpose stated for the space, is also suspicious, given our understanding that movement is currently under way for further development and rezoning of the abutting day care site from institutional to commercial, possibly into a strip plaza, absolutely contravening official plans and visions for the municipality and county. Approval of this present zoning amendment before council will provide impetus for the next foray to further divide the retail area and pressure our existing business community. As recommended by the municipal planner, in October 2016, this council wisely rejected this additional retail space so as to align with the official plan- unless there was a need: so, what exactly is the new, demonstrated need for further development at that location? Given the efforts to date in supporting the rejuvenation of downtown Ilderton, your approval of this zoning amendment would be a step backward, to effectively split our retail and commercial areas. Councils interests must lie in the best interests of this community at large and the business community in particular, rather than an outside developer who has only opportunistic interest in the village. Yours truly, Debbie Heffernan Ilderton Rd., Ilderton, Ont. N0M 2A0

58 August 15, 2018 Page 58 of 64