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Report e-i Planning Design and

bramptonca FlOWer City Development Committee

Date

File

Subject

Contact

OVERVIEW

Committee of the Council of

The Corporation of the City of Brampton

April 23 2010 PLANNING DESIGN ampDEVELOPMENT COMMITTEE

C10E03010 and C10E03011

RECOMMENDATION REPORT

McMillan llp on behalf of gagnon amp law

urban planners ltd - 802158 ontario

LIMITED

Request for an extension to fulfill conditions for Official Plan and Zoning By-law Amendment Applications

(For a proposed Commercial Centre located west of Queen Street East and south of Highway 50) Ward 10

Paul Snape Manager Development Services (905) 874-2062

This report recommends an extension to the previously approved extension beyond the date in which approvals to these rezoning applications can lapse An additional six (6) months is recommended and this should be adequate because the applicant is actively working towards having an executed development agreement and satisfying all other requirements

These applications to amend the Official Plan and Zoning By-law were originally endorsed by Council on June 11 2008 to permit a commercial centre south of Queen Street East and west of Highway 50

Although there has been ongoing progress made the initial approval was due to lapse on December 11 2009 A report similar to this present report recommended a six (6) month extension from the December 11 2009 date Accordingly this present report is recommending a further six (6) month extension to avoid the approval becoming null and void on June 11 2010 There are no adverse implications arising from these extension requests

7a Recommendation Report

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Recommendations

1 THAT the report from Paul Snape Manager of Development Services and Omar Lababidi Development Planner Planning Design and Development Department entitled RECOMMENDATION REPORT MCMILLAN LLP ON BEHALF OF GAGNON amp LAW URBAN PLANNERS LTD-802158 ONTARIO LIMITED Request for an Extension to fulfill conditions for Official Plan and Zoning By-law Amendment Applications dated April 23 2010 be received

2 THAT an extension be granted for a period of six (6) months which would expire on December 11 2010 to allow the applicant to fulfill the conditions outlined in the June 4 2008 Recommendation Report entitled Application to Amend the Official Plan and Zoning By-law C10E0310 and C10E03001 - Gagnon amp Law Urban Planners Ltd - 802158 Ontario Limited

Background

This report addresses a request for an extension to allow the applicant additional time to satisfy conditions outlined in a recommendation report for two development applications City File Nos C10E03010 and C10E03011 These applications were submitted in 2005 and 2007 respectively The site is located south of Queen Street East and west of Highway 50 The applications propose a commercial centre consisting of multiple buildings totaling approximately 37500 square metres (405000 sq ft) in gross floor area with a combined lot area of 16 hectares (40 acres) The proposed commercial centre is to allow a broad range of commercial uses

The original approval was given June 11 2008 with the expiry time 18 months after on December 11 2009

On November 25 2009 Council approved an extension for a period of six (6) months to allow the applicant to fulfill the conditions outlined in the June 4 2008 Recommendation Report This time extension period expires on June 11 2010

Current Situation

The applicant is requesting a further six (6) month extension (see letter dated April 6 2010 attached as Appendix 1) The applicant is in the process of complying with all conditions outlined in the June 4 2008 Recommendation Report but is currently working with the Region to resolve traffic issues that are still outstanding in relation to the site This has created a delay in finalizing the Official Plan Amendment and Zoning By-law amendments and the June 11 2010 deadline cannot be met Since the applicant is still working toward resolving issues and complying with all conditions outlined in the June 4 2008 the requested six (6) month extension to fulfill all conditions is reasonable


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Respectfully submitted

Dari Kraszewski rMCIP RPP Acting Director Land Development ioner Planning Design Services and Development

Authored by Omar Lababidi


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APPENDICES AND MAPS

Appendix 1 LETTER REQUESTING EXTENSION

Appendix 2 COUNCIL RESOLUTION

Map 1 CONCEPT SITE PLAN


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APPENDIX T

LETTER REQUESTING EXTENSION City File Number C10E03010 and C10E03011


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ReplyAttention of MaryFfynn-Guglietti Direct Line 4I686S72S6

Internet Address maryflynnmcmbmcom Our File No 90384

Date April 62010

Mayor and Members of Council Corporation of the City ofBrampton 2 Wellington Street West Brampton ON L6Y 4R2

Dear Mayor and Members ofCouncil

Re 802158 Ontario Ltd - Request for an Extension to Fulfill conditions for Official Plan and Zoning Amendment to permit a commercialCentre south and west of Queen Street and Highway 50 City of Brampton City File Numbers C10E310 and C10E03011

We are the solicitors representing 802158 Ontario Limited and Queen 50 Developments Limited owners of theabove noted property and applicants with respect to City of Brampton File Numbers C10E310 and C10E03011 OnJune 9 2008 theCouncil of theCity of Brampton accepted the recommendations contained in a report prepared by the Planning Design Development Department recommending approval of the Official Plan amendment and rezoningapplicationsubject to a numberofconditions

Condition number 8 on page Fl-8 of the Recommendation Report states that Councils decision will be considered null and void and a new developmentapplication will be required unless a zoning by-law is passed within 18 months of the Council Decision According to ourcalculations the 18month time period would expire by December 92009

Accordingly on October 82009 wewrote to the Council of the Cityof Brampton requesting a 6 month extension to condition 8 of theRecommendation Report to allow myclient and its consultants thenecessary time to ensure that all conditions aremetand the zoning by-law approved Therequested extension for a further 6 months was granted by Council on November 162009 Attached is a copy ofCouncils resolution

Both our client and consultants have been working diligently to comply with all conditions outlined in the Recommendation Report prior to June 4 2010 however with respect to the inclusion of Regional provisions and other issues raised by Brampton staff which have resulted ina delay inthe preparation ofthe Development Agreement we do not believe it will be possible to meet the June 4 2010 date Accordingly we are writing this letter to request the Council of Brampton to grant a further 6 month extension to condition 8 of theRecommendation

Wfflf^iWampWkfield Place 181 Bay Strccc Suite 4400 Toronto Ontario Canada M5J 2T3 Lawyers I Avocats I Cikjiry gt Torunlo Monlrltil t 416 8657000 bull f 416 8657048 bull mcmillan ca

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Report to allow my client and its consultants the necessary time to ensure that all conditions are met and the zoning by-law is approved

Your indulgence is greatly appreciated Should you have any questions please do not hesitate to call me to discuss

Yours very truly

Mary Flynn-Gugli

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cc Cheryl Coelho Planner(sherylcoelhobramptonca) K Ash Manager Development Services Planning Designamp Development (kathyashbramptonca) Andrew Danyliw (adanyliwglobalservenet) Michael Gagnon (mgagnonglbplannerscom) Omar Lababidi (oniarlababidibramptonca) Allan Parsons (aUanparsonsbramptonca) Andrew Walker (awalkerglbplannesrscom)

MBDOCS 46420713

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APPENDIX 2

COUNCIL RESOLUTION

City File Number C10E03010 and C10E03011


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June 25 2008

GLB Urban Planners Ltd Attn Michael Gagnon 21 Queen Street East Suite 500 Brampton ON L6W 3P1

Re Application to Amend the Official Plan and Zoning By-Law - Gagnon Law Bozzo Urban Planners Ltd - 802158 Ontario Ltd - Southwest corner of Intersection of Queen Street East (Regional Road 107) and Regional Road 50 - Ward 10 (Files C10E03010 and C10E03011)

The following recommendations of the Planning Design and Development Committee Meeting of June 4 2008 was approved by the Council of the Corporation of the Citv of Brampton on June 11 2008

PDD135-2008 1 That the report from P Snape Manager of Development Services and A Parsons Development Planner PlanningDesign and Development dated June 4 2008 to the PlanningDesign and Development Committee Meeting of June 4 2008re Application to Amend the Official Plan and Zoning By-Law -Gagnon Law Bozzo Urban Planners Ltd shy802158 Ontario Ltd - Southwest cornerof Intersection of Queen Street East (Regional Road 107) and Regional Road 50 - Ward 10 (FilesC10E03010 and C10E03011) be received and

1 That the application be approved and staff be directed to prepare the appropriate amendments to the Official Plan and Zoning By-law as follows

A) That the Bram East Secondary Plan be amended by

(1) changing the land use designation on the subject lands from Office Node and Mixed Commercial Industrial to a site specific Special Policy Area to permit industrial retail and office uses

(2) providing policy to recognize that a minimum amount of office space should be provided on this property and that a sufficient amount of land area along the Queen Street or Highway 50 frontage shall not be developed until the minimum amount of office is delivered on the entire site

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(3) applying the land use permissions of the Secondary Plans Mixed Use Commercial Industrial and Office Node designations to the entirety of the subject lands but restricting industrial uses uses requiring large outdoor storage areas (ie motor vehicle sales establishment garden centre) automotive related uses and stand alone retail uses with a gross floor area less than 930 sqm from prominent locations along Queen Street

(4) Delete the local road designation on the subject site (5) Establishing the following urban design principles

(a) The Queen Street and Highway 50 frontages shall have minimal or no parking located between buildings and the street particularly between at the Queen Street and Highway 50 intersection Areas where one row of parking is provided between the building and the street shall have superior landscaped treatment

(b) A multiple storey building (implemented with a minimum building height) is to be located in proximity to the Queen Street and Highway 50 intersection

(c) A principal building associated with a gas bar shall have a visually prominent location adjacent to the road to screen the gas bar pump islands from the streetscape

(d) Buildings shall have significant articulation with upscale building materials glazing roofline variation and corner features Buildings in proximity to the intersection of Queen Street and Highway 50 in particular shall have superior architectural treatment and buildings in proximity to residential uses west of The Gore Road shall have appropriate treatments

(e) Convenient safe pedestrian access shall be provided to and upon the subject site

(f) Serviceloading areas shall be screened from all streets to the greatest extent possible

(g) Upscale landscaped treatment shall be provided along all adjacent arterial roads particularly along The Gore Road to ensure

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an appropriate interface between this site and the residential uses to the west

(h) Pedestrian facilities will be provided through interconnections between buildings and the adjacent public roads and will include appropriate weather protection comfort facilities

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(i) Drive-through facilities should not be located between buildings and an adjacent public road

(j) Vehicular access aisles should be designed to provide a clear and convenient connection on-site between Queen Street Highway 50 and the abutting property to the south

B) Theamending zoning by-law to rezone the subject lands from Service Commercial - Section 1578 (SC-1578) Service Commercial - Section 1579 (SC-1579) Industrial Four-Section 1580 (M4-1580) Highway Commercial One -1505 (HC1-1505) and Floodplain (F) to a site specific Service Commercial (SC) zone be approved generally in accordance with the following

(1) Permitted uses are to include but not be limited to offices (medical and professional) retail warehouses retail establishments personal service shops a supermarket restaurants a hotel warehousing and manufacturing uses

(2) Specific uses are prohibited within 200 metres of Regional Road 107 including industrial uses (ie warehousing and manufacturing uses) and uses requiring large outdoor storage areas (ie motor vehicle sales establishment garden centre)

(3) Specific uses are prohibited within 100 metres of Regional Road 107 including stand alone retail establishments personal service shops and service shopswith a gross floor area less than 930 sqm

(4) Aminimum of 5500 square metres (60000 sqft) of gross leasable floor area of office uses shall be developed on the subject lands prior to or in

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conjunction with the development of lands within 80 metres of Queen Street or Highway 50

(5) Buildings located within 80 metres of the Regional Road No 50 and Regional Road No 107 intersection shall have a minimum height of 3 storeys

(6) Minimum Landscaped Open Space

(a) 3 metres abutting a Floodplain (F) zone

(b) 6 metres abutting the Queen Street Highway 50 and The Gore Road rights-of-way except at approved access locations

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(c) 3 metres abutting all other lot lines except at approved access locations

2 That prior to the approval of the Official Plan Amendment and the enactment of the Zoning By-law the applicant gratuitously convey to the City all valleylands and the 10 metre buffer areas required by the City in consultation with the Toronto and Region Conservation Authority and in a condition satisfactory to the City and acknowledge that lands conveyed in this respect not be credited towards the parkland dedication requirements of the plan

3 That prior to the approval of the Official Plan Amendment and the enactment of the Zoning By-law a Long Term Slope Stability Analysis be approved as required to the satisfaction of the Commissioner of Planning Design and Development in consultation with the Toronto and Region Conservation Authority

4 That priorto the approval of the Official Plan Amendment and the enactment of the Zoning By-law the applicant provide the City with a written acknowledgement from the Trustee appointed pursuant to the Bram East Phase 1 Landowners Group to confirm that the applicant has satisfied all of their obligations as identified by the Bram East Phase 1 Cost Share Agreement and if required has signed the agreement delivered the deeds or made the payments required by the agreement

5 That prior to the approval of the Official Plan Amendment and the enactment of the zoning by-law an addendum to the Design Brief

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submitted in support of this application prepared by Viljoen Architect Inc dated March 5 2008 be finalized to the satisfaction of the Commissioner of Planning Design and Development and include but not be limited to the following

(A) The intended form massing and design character of all anticipated buildings shall have superior front elevation treatments using upscale construction materials Buildings located in proximity to the intersection of Queen Street and Highway 50 shall have superior architectural treatment to the satisfaction of the Commissioner of Planning Design and Development

(B) Area adjacent to Queen Street and Highway 50 should have minimal or no parking located between buildings and the street and superior landscaping should be provided adjacent to areas where parking is provided between the building and the street and along The Gore Road to adequately buffer this proposal from residential uses to the west

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(C) Details regarding convenient pedestrian accesses to and upon the subject site including weather and comfort facilities (ie gazebo and benches) at strategic locations

(D) The location and size of all roof-top mechanical equipment should be screened from all directions Roof-top screening should ensure that the roof forms an integral part of the building design

(E) Waste disposal units and permitted outdoor storage areas shall be fully screened by decorative fencing that is compatible with the architectural design of buildings on site

(F) Upscale landscaped treatment shall be used for all road frontages and will include the use of appropriate hard and soft elements such as decorative metal fencing masonry pillars a double rowof street trees and flowerbeds (in accordance with the Flower City Strategy)

(G) Details regarding vehicular access aisles that provide a clear and convenient connection on-site between Queen Street Highway 50 and the abutting property to the south

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That prior to the approval of the Official Plan Amendment and the enactment of the Zoning By-law the applicant enter into an agreement with the City to be registered on title which shall include the following

A) The applicant acknowledges that a vehicle access from The Gore Road shall only be permitted provided it is supported by an approved Traffic Impact Study to the satisfaction of the City and Region and no concerns with the access are identified by an approved Environmental Assessment for The Gore Road

B) Prior to site plan approval revisions to the Functional Servicing Report prepared by RJ Bumside and Associates Ltd dated March 2008 as required by the City and the Toronto and Region Conservation Authority shall be approved to the satisfaction of the Commissioner of Planning Design and Development

C) Prior to site plan approval revisions to the Traffic Impact Study prepared by MMM Group dated March 2008 as required by the City of Brampton and Region of Peel shall be approved to the satisfaction of the Commissioner of Planning Design and Development

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D) The location of a signalized access from Highway 50 will be aligned with the planned public road that is to be located on the east side of Highway 50 and is to be approved to the satisfaction of the Commissioner of Planning Design and Development in consultation with the Region of Peel

E) The applicant agrees to provide easements over the subject lands to the satisfaction of the Commissionerof Planning Design and Development to provide pedestrian and vehicular access from Queen Street and Highway 50 to abutting properties

F) Prior to the issuance of a building permit site plan approval shall be obtained Site plan approval will include the submission of a site development plan landscaping grading and storm drainage plan elevation and cross section

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drawings a fire protection plan and engineering and servicing plans Appropriate securities will be deposited with the City to ensure implementation of the approved plans in accordance with the Citys site plan review process

G) As part of the site plan approval process the design of the site and all buildings will be in full accordance an approved Design Brief prepared by Viljoen Architects Inc

H) Priorto site plan approval the applicant shall carry out an archaeological assessment of the subject site and mitigate through preservation or resource removal and documentation adverse impacts to any significant archaeological resources found No grading or other soil disturbances shall take place on the subject property prior to the approval authority and the Ministry of Citizenship Culture and Recreation confirming that all archaeological resource concerns have met licensing and resource conservation requirements

I) Priorto site plan approval the applicant shall submit to the satisfaction of the Commissioner of Planning Design and Development a vegetation inventory and assessment for the preservation of desirable trees as determined by the City No grading or other soil disturbances shall take place on the subject property priorto the approval of the referenced document

J) As part of the site plan approval process a noise attenuation study shall be approved to the satisfaction of the City and any amendments to the development agreement resulting from the approved study shall be made

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K) Prior to the issuance of site plan approval the applicant shall submit facility fit plans for the Storm Water Management Pond (SWMP) Valleyland Entry Feature and Buffer Blocks to the satisfaction of the Commissioner of

Planning Design and Development

L) Prior to the issuance of site plan approval traffic improvements recommended by the Boundary Area Transportation Short-Term Study (BATS) report as prepared by iTRANS and approved May 2003 and the

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Candevcon Limited Traffic Study approved March 11 2005 as these pertain to the subject site shall be implemented to the satisfaction of the Commissioner of Planning Design and Development and the Region of Peel

M) The applicant agrees to finance design and construct a bus shelter to accommodate transit facilities on the abutting public roads as required by Brampton Transit

N) Prior to issuance of site plan approval an Environmental Site Assessment shall be approved to the Satisfaction of the Commissioner of Planning Design and Development

O) Prior to the issuance of site plan approval a 60 metre wide Gateway Feature Block at the Queen Street and Highway 50 intersection shall be gratuitously conveyed to the City in a condition satisfactory to the City and in this regard the applicant shall also agree that this Block shall not be credited as parkland for the purpose of determining the parkland requirements for the subject plan

P) Priorto the issuance of site plan approval 10 metre wide Entry Feature Block at the principle entrance to the site from Queen Street and Highway 50 shall be gratuitously conveyed to the City in a condition satisfactory to the City and in this regard the applicant shall also agree that these Blocks shall not be credited as parkland for the purpose of determining the parkland requirements for the subject plan

Q) The applicant shall design and construct at their expense a Gateway Feature in accordance with the Bram East Area B Design Guidelines the Citys Flower City Strategy and the Gateway Beautification Program at The Gore Road and Highway 107 intersection and this feature will be provided in advance of site plan approval or appropriate financial securities will be provided to the City

R) Prior to site plan approval the applicant shall gratuitously convey part of the subject lands as required by the City and

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Region for the purposes of widening Highway 50 Queen Street and The Gore Road to their ultimate widths to provide daylight triangles at the intersections of Highway 50 and

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Queen Street and to provide 03 metre reserves behind the property line along the arterial road frontages and all conveyances are to be free and clear of encumbrances

S) The applicant shall grant easements as may be required for the purpose of access and installation of utilities to the appropriate authorities and adjacent properties and in this regard access to The Gore Road pumping station shall be provided if required to the satisfaction of the Region of Peel

T) All lighting on the site shall be designed and oriented so as to minimize glare on adjacent roadways and properties

U) The applicant shall agree to clear litter from the site at least twice weekly

V) The applicant shall pay cash-in-lieu of the parkland dedication required in accordance with the Planning Act and City policy or make other arrangements to the satisfaction of the City for this payment

W) Prior to the issuance of a building permit the application shall make satisfactory arrangements with the Region of Peel for on-site waste collection through a private waste hauler

X) The ownerdeveloper will consult with Canada Post to determine suitable locations for the placement of Community Mailboxes and to indicate these locations on appropriate servicing plans

Y) The ownerdeveloper agrees to provide the following for each Community Mailbox site and include these requirements on appropriate servicing plans

a An appropriately sized sidewalk section (concrete pad) as per Canada Post specification on which to place the community mailboxes

b Any required curb depressions for wheelchair access

Z) The ownerdeveloper is to co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all effected authorities

AA) In conjunction with any road improvements required for this proposal the developer shall grade all streets to final elevation prior to the installation of the gas lines and

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provide the necessary field survey information required for the installation of the gas lines to the satisfaction of Enbridge Gas Distribution

BB) All of the natural gas distribution system is to be installed at the cost of the ownerdeveloper within the proposed road allowances and therefore no easements will be required

7 That this decision be considered null and void and a new development application be required unless a zoning by-law is passed within 18 months of the Council approval of this decision

Yours truly

Chandra Urquhart Legislative Coordinator City Clerks Office Tel 905-874-2116 Fax 905-874-2119

e-mail chandraurquhartbramptonca (PDDF1)

cc Regional Councillor J Sprovieri City Councillor V Dhillon J Corbett Commissioner Planning Design and Development P Snape Manager of Development Services A Parsons Development Planner Geoff Sheffrin 28 Manswood Crescent Brampton L6T 0A4 Franka Cautillo 20 Manswood Crescent Brampton L6T 0A4 Gaetano Franco Bramgate Consolidated Inc 8500 Leslie St 380

Thomhill L6T7M8 David Matthews Matthews Planning amp Management Ltd 1523 Hurontario

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| |LANDS SUBJECT TO C10E03011 j LANDS SUBJECT TO C10E03010

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PUNNING MAP 1 - CONCEPT SITE PLAN DESIGN amp GLB URBAN PLANNERS LTD DEVELOPMENT

lilFTONCA 802158 Ontario Limited

bullate 2008 05 13 Drawn By CJK CITY FILES C10E03010 amp C10E03011

ife C0NV2 Map No 69-1B

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Recommendations

1 THAT the report from Paul Snape Manager of Development Services and Omar Lababidi Development Planner Planning Design and Development Department entitled RECOMMENDATION REPORT MCMILLAN LLP ON BEHALF OF GAGNON amp LAW URBAN PLANNERS LTD-802158 ONTARIO LIMITED Request for an Extension to fulfill conditions for Official Plan and Zoning By-law Amendment Applications dated April 23 2010 be received

2 THAT an extension be granted for a period of six (6) months which would expire on December 11 2010 to allow the applicant to fulfill the conditions outlined in the June 4 2008 Recommendation Report entitled Application to Amend the Official Plan and Zoning By-law C10E0310 and C10E03001 - Gagnon amp Law Urban Planners Ltd - 802158 Ontario Limited

Background

This report addresses a request for an extension to allow the applicant additional time to satisfy conditions outlined in a recommendation report for two development applications City File Nos C10E03010 and C10E03011 These applications were submitted in 2005 and 2007 respectively The site is located south of Queen Street East and west of Highway 50 The applications propose a commercial centre consisting of multiple buildings totaling approximately 37500 square metres (405000 sq ft) in gross floor area with a combined lot area of 16 hectares (40 acres) The proposed commercial centre is to allow a broad range of commercial uses

The original approval was given June 11 2008 with the expiry time 18 months after on December 11 2009

On November 25 2009 Council approved an extension for a period of six (6) months to allow the applicant to fulfill the conditions outlined in the June 4 2008 Recommendation Report This time extension period expires on June 11 2010

Current Situation

The applicant is requesting a further six (6) month extension (see letter dated April 6 2010 attached as Appendix 1) The applicant is in the process of complying with all conditions outlined in the June 4 2008 Recommendation Report but is currently working with the Region to resolve traffic issues that are still outstanding in relation to the site This has created a delay in finalizing the Official Plan Amendment and Zoning By-law amendments and the June 11 2010 deadline cannot be met Since the applicant is still working toward resolving issues and complying with all conditions outlined in the June 4 2008 the requested six (6) month extension to fulfill all conditions is reasonable


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Yours truly






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