city council item j2 for august 6, 2014 - brampton council 2010/20140806cc_j2.pdf• existing...

BRAMPTON CITY COUNCIL DATE: August 6, 2014

June 16, 2014

Members Present: Regional Councillor P. Palleschi – Wards 2 and 6 (Chair) City Councillor V. Dhillon – Wards 9 and 10 (Vice-Chair) (left at 3:16 p.m. – personal) Regional Councillor E. Moore – Wards 1 and 5 Regional Councillor J. Sanderson – Wards 3 and 4 Regional Councillor G. Miles – Wards 7 and 8 Regional Councillor J. Sprovieri – Wards 9 and 10 City Councillor G. Gibson – Wards 1 and 5 City Councillor J. Hutton – Wards 2 and 6 (left at 2:23 p.m. –

personal) City Councillor B. Callahan – Wards 3 and 4

Members Absent: Regional Councillor S. Hames – Wards 7 and 8 (vacation) Staff Present: Planning and Infrastructure Services Department

M. Ball, Chief, Planning and Infrastructure Services D. Kraszewski, Senior Executive Director, Planning and Building M. Won, Executive Director, Engineering and Development H. Zbogar, Acting Director, Planning Policy and Growth

Management D. Waters, Manager, Land Use Policy, Planning and Building A. Parsons, Manager, Development Services J. Hogan, Planning Project Manager N. Grady, Development Planner

Corporate Services Department J. Zingaro, Legal Counsel, Real Estate

E. Evans, Deputy City Clerk S. Danton, Legislative Coordinator

Minutes Planning, Design and

Development Committee Committee of the Council of

The Corporation of the City of Brampton

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Minutes Planning, Design and Development Committee

2014 06 16 of 26

The meeting was called to order at 1:04 p.m., and adjourned at 4:23 p.m. After due consideration of the matters placed before this Committee, the members beg leave to present its report as follows: Item Recommendation A. PDD117-2014 Approval of Agenda B. Conflicts of Interest C. Consent D 1. Site Specific Amendment to the Sign By-law 399-2002,

as amended – The Corporation of the City of Brampton - 10775 the Gore Road – Ward 10 (File 26S1)

D 2. PDD118-2014 City of Brampton Initiated Official Plan Amendment –

Highway 427 Industrial Secondary Plan (Area 47) – Ward 10 (File P26 S47) (see Item F 5)

D 3. PDD119-2014 Proposed Land Use Plan – Heritage Heights Community

– Secondary Plan Areas 52 and 53 – Ward 6 (File P26RE-52&53) (see Item F 3) F 1. PDD120-2014 Bed and Breakfasts Background Study – Wards 1, 3, 4

and 5 – RML# 2012-035 (File PO2BB) F 2. PDD121-2014 Queen Street West Land Use Study Update – Wards 4

and 5 (File P09QU) F 3. PDD119-2014 Proposed Land Use Plan – Heritage Heights Community

– Secondary Plan Areas 52 and 53 – Ward 6 (File P26RE-52&53) (see item D 3) F 4. PDD122-2014 2014 Provincial Policy Statement (File G75 ST) F 5. PDD118-2014 City of Brampton Initiated Official Plan Amendment –

Highway 427 Industrial Secondary Plan (Area 47) – Ward 10 (File P26 S47) (see item D 2)

G. Committee of Adjustment Reports H 1. PDD123-2014 Application for a Permit to Demolish a Residential

Property – 7764 Churchville Road – Ward 6 (File G33-LA)

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H 2. PDD124-2014 Application for a Permit to Demolish a Residential Property – 1454 Queen Street West – Ward 6 (File G33-LA)

H 3. PDD125-2014 Site Specific Amendment to the Sign By-law 399-2002,

as amended – The Corporation of the City of Brampton - 10775 The Gore Road – Ward 10 (File 26SI)

I 1. PDD126-2014 Initiation of Subdivision Assumption Report – Helena

Beach South Subdivision Phase 1 – Registered Plan 43M-1803 – South of Castlemore Road, East of The Gore Road – Ward 10 (File C10E10.008)

J. Minutes K. Other/New Business/Unfinished Business L1. PDD127-2014 List of Referred Reports – Planning, Design and

Development Committee M 1 PDD128-2014 Deferred Matters N. Notice of Motion O Correspondence P. Question Period Q. Public Question Period R. Closed Session S. PDD129-2014 Adjournment

_ Regional Councillor Paul Palleschi, Chair

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A. Approval of the Agenda PDD117-2014 That the agenda for the Planning, Design and Development Committee

Meeting of June 16, 2014, be approved, as printed and circulated. Carried

The following item was deferred to this meeting from the June 9, 2014, Planning, Design and Development Committee Meeting, pursuant to Recommendation PDD108-2014:

Item M 1 – Report from N. Grady, Development Planner, Planning and

Building Division, dated May 29, 2014, re: Application to Amend the Official Plan and Zoning By-law – Howard, Roger – Eldomar Investments Ltd. – South West Corner of Kennedy Road South and Research Road – Ward 3 (File C01E04.012)

The following supplementary information relating to items on the published agenda was provided at the meeting:

Re: Item F 3 – Proposed Land Use Plan – Heritage Heights

Community - Secondary Plan Areas 52 and 53 – Ward 6 (File P26RE-52 & 53)

• D 3 – Presentation by Jill Hogan , Planning Project Manager, North West Brampton

Re: Item D 2 – City of Brampton Initiated Official Plan Amendment –

Highway 427 Industrial Secondary Plan (Area 47) – Ward 10 (File P26 S47) (see item F 5)

• Presentation and revised Appendices A and B, by Malik Majeed, Policy Planner, Planning Policy and Growth Management

The following was received by the City Clerk’s Office after the agenda was printed and relates to published items on the Agenda. (Committee approval was not required for addition of these items in accordance with Procedure By-law 160-2004, as amended):

Re: Item F 3 – Proposed Land Use Plan – Heritage Heights

Community - Secondary Plan Areas 52 and 53 – Ward 6 (File P26RE-52 & 53)

• Delegation from Emma West, Principal, planningAlliance • Delegation from Ron Webb, Davis Webb LLP • Delegation from Mike Everard, Principal, Augusta National Inc.

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• Delegation from Michael Gagnon, Gagnon and Law Urban Planners Ltd.

• Correspondence from Signe Leisk, Cassels Brock and Blackwell LLP, dated June 13, 2014

• Correspondence from James Harbell, Stikeman Elliott, dated June 16, 2014

Re: Item M 1 – Report from N. Grady, Development Planner,

Planning and Building Division, dated May 29, 2014, re: Application to Amend the Official Plan and Zoning By-law – Howard, Roger – Eldomar Investments Ltd. – South West Corner of Kennedy Road South and Research Road – Ward 3 (File C01E04.012)

• Delegation from Roger Howard, Eldomar Investments Ltd. • Delegation from Lynn Wallace, Brampton resident • Delegation from Barbara-Anne Smith, Brampton resident

Re: Item F 5 – City of Brampton Initiated Official Plan Amendment –

Highway 427 Industrial Secondary Plan (Area 47) – Ward 10 (File P26 S47)

• Correspondence from Ryan Vandenburg, Development Services, Region of Peel, dated June 13, 2014

• Correspondence from Natalie Rouskov, Ministry of Transportation, dated June 13, 2014

B. Conflicts of Interest - nil C. Consent * The following items listed with an asterisk (*) were considered to be routine and non-

controversial by the Committee and were approved at one time.

(F 1, F 2, F 4, H 1, H 2, H 3, I 1, L 1) (Item F 3 was removed from consent)

(Item H 3 was moved into consent) D. Delegations/Presentations D 1. Possible delegations re: Site Specific Amendment to the Sign By-law 399-

2002, as amended – The Corporation of the City of Brampton - 10775 the Gore Road – Ward 10 (File 26S1)

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Note: Notice regarding this matter was published in the Brampton Guardian on June 5, 2014. In response to the Chair’s inquiry, no one requested to address the subject matter.

See Item H 3 – Recommendation PDD125-2014 D 2. Presentation from M. Majeed, Policy Planner, Planning Policy and Growth

Management, re: City of Brampton Initiated Official Plan Amendment – Highway 427 Industrial Secondary Plan (Area 47) – Ward 10

(File P26 S47) Malik Majeed, Policy Planner, Policy Planning and Growth Management,

provided a presentation on the subject matter which included the following:

• Summary of proposed land use and policy o Background and statutory public meetings o Public comments o Public comments – corridor protection area o Proposed land use changes o Focus of proposed policy changes – residential,

environmental, community park and corridor protection area o Revisions to proposed policy changes

• Updates to appendices A and B • Conclusion and next steps

Mr. Majeed referenced revised appendices A and B provided to Committee and

stated that they replace appendices A and B in the printed agenda. Mr. Majeed stated that the proposed Official Plan Amendment represents good planning and is consistent with the growth plan, provincial policy statement, regional plan and the City’s strategic plan. Next steps for staff include preparing the final Official Plan Amendment for Council adoption.

Committee discussion of the matter included:

• Ensuring a sufficient number of schools • Second units and increased population density • Location of proposed development in relation to current area

development Staff stated the following:

• Staff has and will continue to consult with the school boards • The estimated population is based on highest permissible numbers • Second units and accommodation for the additional numbers have

been considered in the planning process Item F 5 was dealt with at this time.

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The following motion was considered: PDD118-2014 1. That the report from M. Majeed, Policy Planner, Planning Policy

and Growth Management, dated May 1, 2014, to the Planning, Design and Development Committee Meeting of June 16, 2014, re: City of Brampton Initiated Official Plan Amendment – Highway 427 Industrial Secondary Plan (Area 47) – Ward 10 (File P26 S47), be received; and,

2. That the City’s draft official plan amendment for Secondary Plan

Area 47 be revised as set out in Appendices A and B;

3. That staff be directed to use appropriate discretion to make minor adjustments/corrections to text and mapping before submitting a revised official plan amendment for Secondary Plan Area 47 for adoption by City Council; and,

4. That a copy of this report and Council resolution be provided to

the Town of Caledon, City of Vaughan, Region of Peel, the Region of York, Ministry of Transportation and the Toronto and Region Conservation Authority for information.

5. That the presentation by Malik Majeed, Policy Planner, Planning

and Infrastructure Services, to the Planning, Design and Development Committee Meeting of June 16, 2014, re: City of Brampton Initiated Official Plan Amendment – Highway 427 Industrial Secondary Plan (Area 47) – Ward 10 (File P26 S47) be received; and,

6. That the following correspondence to the Planning, Design and

Development Committee Meeting of June 16, 2014, be received:

1. Correspondence from Ryan Vandenburg, Development Services, Region of Peel, dated June 13, 2014

2. Correspondence from Natalie Rouskov, Senior Project Engineer, Ministry of Transportation, dated June 13, 2014

Carried

D 3. Presentation by Jill Hogan, Planning Project Manager, North West Brampton,

dated May 22, 2014, re: Proposed Land Use Plan – Heritage Heights Community – Secondary Plan Areas 52 and 53 – Ward 6

(File P26RE-52&53)

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Jill Hogan, Planning Project Manager, North West Brampton, provided a presentation on the subject matter which included the following:

• City context plan • Heritage Heights boundary • Current policy considerations • Background and context • Preliminary concept plan • Existing infrastructure • Existing natural features and natural heritage system • North-south transportation corridor • Residential, business employment, institutional, commercial and

mixed-use provisions • Gateway nodes • Community park • Background and context • Current situation - next iteration of planning • Added elements • Next steps, public and stakeholder consultation and staff

recommendations

Ms. Hogan stated that Brampton Brick Limited has submitted an application to amend the Zoning By-law to permit shale extraction on a 35 hectare site located in the area of Old Pinecrest Road and Winston Churchill Boulevard. The proposed extraction will require an amendment to the City’s Zoning By-Law and a Ministry of Natural Resources Aggregate License. The secondary plan will assist with the review of shale protection policies in the Region of Peel and City of Brampton Official Plans. The secondary plan is preliminary and will be refined through the finalization of component studies and extensive public input. Staff has held numerous meetings with various stakeholders to provide status updates and to receive input and will continue to engage with stakeholders throughout the development of the secondary plan. A public open house to present the proposed land use plan for comment is anticipated for the end of 2014 and a draft Official Plan Amendment is expected to be presented at a statutory public meeting in 2015. Staff is seeking endorsement of the Heritage Heights Proposed Land Use Plan and direction to present the Proposed Land Use Plan for public input. Staff is also seeking direction to advise the Ministry of Natural Resources that the plan will include the evaluation of the Brampton Brick shale quarry application and the review of the shale protection policies of the Region of Peel and City of Brampton Official Plans.

Regional Councillor John Sanderson declared a conflict as his family owns property in the area of the proposed transportation corridor.

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Committee requested that staff consult with the Bicycle Advisory Committee

and include numerous roundabouts in the street plans. Emma West, Principle, planningAlliance, expressed concern with the proposed

secondary plan, stating that it is not appropriate for Council to endorse at this time. Many elements of the plan including the GTA west corridor, availability of studies, analysis and planning, land use and density projections are premature and need further consideration.

Ron Webb, Davis Webb LLP stated that his client, Jeff Kerbel of Brampton

Brick Limited would delegate in his place. Jeff Kerbel, Brampton Brick Limited, stated that he supports the secondary plan

in principle. Brampton Brick Limited has applied for an amendment to the Zoning By-law to permit a quarry in the Greenbelt, directly adjacent to the Heritage Heights planning area. Mr. Kerbel suggested that staff include criteria to establish an interface between the proposed quarry and future urban development in Heritage Heights.

Mike Everard, Principle, Augusta National Inc., a planning representative for the

Catholic Cemeteries Archdiocese of Toronto, stated the following:

• Catholic Cemeteries Archdiocese of Toronto purchased 88 acres of land in 1989, generally located at the northeast corner of Wanless Drive and Heritage Road

• The lands were purchased with charitable funds • A Zoning By-law is not required to develop the lands as a cemetery • A site plan was submitted to the City in April 2013 • Thirty percent of Brampton’s population is Catholic and there are

currently no Roman Catholic cemeteries in Brampton • Catholic burials must occur in other municipalities, at an

inconvenience and expense to the family members • The location of the proposed north-south transportation corridor in

the staff report, as proposed by Cole Engineering, will bisect the lands and reduce the site, rendering it impossible to develop for cemetery purposes

• Catholic Cemeteries Archdiocese of Toronto requested that staff and Council work to preserve the cemetery in its entirety

Mr. Everard presented a site plan created by Augusta National Inc. that proposes an alternate transportation corridor location that does not bisect the cemetery lands. Mr. Everard requested that Council not endorse the report.

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In response to questions from Committee, staff explained the following:

• The transportation corridor in the staff report is a preliminary concept plan that is based on the likely location as determined by the City’s consultants, Cole Engineering

• The Ministry of Transportation is the deciding body for the location of the transportation corridor; to date a location has not been determined

• The preferred concept for the transportation corridor will be presented at a Public Information Centre in June 2014

• When the Ministry of Transportation has formally identified the corridor lands, expropriation will begin; the road is required by 2031

Michael Gagnon, Gagnon and Law Urban Planners Limited, informed

Committee that he and Colin Chung of Glen Schnarr and Associates Inc., represent the Heritage Heights Landowners Group, which represent 46% of the Heritage Heights Lands. The Heritage Heights Landowners Group has reviewed the staff report and support the proposed land use plan being endorsed in principle. Mr. Gagnon stated that the planning process has been open and transparent and has provided many opportunities for pubic and stakeholder input. He referenced key aspects of the proposed land use plan and noted that they succeed in delivering a “complete community”. Mr. Gagnon concluded that the Heritage Heights Landowners Group is committed to working with the City on the development of the Secondary Plan and noted that the Landowners Group has established a set of operating protocols. Anyone is welcome to join, subject to compliance with the protocols.

Committee discussion of the matter included:

• Recommendation to staff to work with Brampton Brick on the interface and mitigation of the quarry

• Recommendation that staff discuss the Catholic Cemetery with the Landowners Group and Catholic Cemetery representatives

• Provincial mandate regarding shale extraction • Inability to confirm cemetery lands until the Ministry of Transportation

sanctions lands for the transportation corridor • Request for legal advice on the matter of the proposed quarry • Recommendation that the matter be referred to the next Council

meeting Staff clarified that the recommendations in the report reflect an application from

Brampton Brick and suggested that the City inform the Ministry of Natural Resources of the application and review of the shale protection policies of the Region and the City.

The motion to refer the matter to the next Council meeting was withdrawn.

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Item F 3 was brought forward and dealt with at this time. The following motion was considered: PDD119-2014 1. That the report from J. Hogan, Planning Project Manager, North

West Brampton, dated May 22, 2014, to the Planning, Design and Development Committee Meeting of June 16, 2014, re: Proposed Land Use Plan – Heritage Heights Community – Secondary Plan Areas 52 and 53 – Ward 6 (File P26RE-52&53) be received; and,

2. That the Heritage Heights Proposed Land Use Plan dated May

2014, attached to the report as Appendix ‘A’ be endorsed in principle; and,

3. That the Proposed Land Use Plan be presented for public review;

and,

4. That the Ministry of Natural Resources be advised that the Proposed Land Use Plan is intended to inform the evaluation of the Brampton Brick shale quarry applications and the review of the shale protection policies of the Region of Peel and City of Brampton Official Plans; and,

5. That a copy of this report be forwarded to the Ministry of

Transportation, Region of Peel, the Region of Halton, the Town of Halton Hills, the Town of Caledon and Credit Valley Conservation for information; and,

6. That staff meet with the Heritage Heights Landowner Group and

Mike Everard, Augusta National Inc., consultant for the Catholic Archdiocese, to discuss the cemetery proposed in the northeast quadrant of Heritage Road and Wanless Drive.

7. That the presentation by Jill Hogan, Planning Project Manager,

North West Brampton, to the Planning, Design and Development Committee Meeting of June 16, 2014, re: Proposed Land Use Plan – Heritage Heights Community – Secondary Plan Areas 52 and 53 – Ward 6 (File P26RE-52&53) be received; and,

8. That the following delegations and correspondence to the

Planning, Design and Development Committee Meeting of June 16, 2014, re: Proposed Land Use Plan – Heritage Heights Community – Secondary Plan Areas 52 and 53 – Ward 6 (File P26RE-52&53) be received:

1. Emma West, Principle, planningAlliance

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2. Jeff Kerbel, President and CEO, Brampton Brick Ltd. 3. Mike Everard, Principle, Augusta National Inc. 4. Michael Gagnon, Gagnon and Law Urban Planners Ltd. 5.. Signe Leisk, Cassels Brock and Blackwell LLP

(correspondence dated June 13, 2014) 6. James Harbell, Stikeman Elliott (correspondence dated

June 16, 2014) Carried

E. Development Team Reports F. Policy Planning Reports * F 1. Report from D. VanderBerg, Central Area Planner, Planning and Building

Division, dated May 14, 2014, re: Bed and Breakfasts Background Study – Wards 1, 3, 4 and 5 – RML# 2012-035 (File PO2BB)

The following motion was considered:

PDD120-2014 1. That the report from D. VanderBerg, Central Area Planner, Planning and Building Division, dated May 14, 2014, to the Planning, Design and Development Committee Meeting of June 16, 2014, re: Bed and Breakfasts Background Study – Wards 1, 3, 4 and 5 – RML# 2012-035 (File PO2BB) be received; and,

2. That staff be directed to schedule an open house to consult with

downtown residents on issues related to permitting bed and breakfasts outside the Main Street North DPS area in downtown Brampton; and,

3. That following the open house, staff report back to the Planning,

Design and Development Committee with a final recommendation on permitting bed and breakfasts outside the Main Street North DPS area in downtown Brampton.

Carried * F 2. Report from D. VanderBerg, Central Area Planner, Planning and Building

Division, dated May 14, 2014, re: Queen Street West Land Use Study Update – Wards 4 and 5 (File P09QU)


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PDD121-2014 1. That the report from D. VanderBerg, Central Area Planner, Planning and Building Division, dated May 14, 2014, to the Planning, Design and Development Committee Meeting of June 16, 2014, re: Queen Street West Land Use Study Update – Wards 4 and 5 (File P09QU) be received; and,

2. That staff be directed to schedule the public information session and statutory public meeting to present the Queen Street West Development Permit System By-law and the other proposed planning amendments to the Downtown Brampton Secondary Plan and Zoning By-law; and,

3. That staff report back to Planning, Design and Development Committee with a final recommendation that includes the results of the public consultation, including the statutory meetings.

Carried F 3. Report from J. Hogan, Planning Project Manager, North West Brampton, dated

May 22, 2014, re: Proposed Land Use Plan – Heritage Heights Community – Secondary Plan Areas 52 and 53 – Ward 6

(File P26RE-52&53) See Item D 3 – Recommendation PPDD119-2014 * F 4. Report from C. LaRota, Policy Planner, Planning Policy and Growth

Management, dated May 7, 2014, re: 2014 Provincial Policy Statement (File G75 ST)

The following motion was considered: PDD122-2014 1. That the report from C. LaRota, Policy Planner, Planning Policy and

Growth Management, dated May 7, 2014, to the Planning, Design and Development Committee Meeting of June 16, 2014 re: 2014 Provincial Policy Statement (File G75 ST) be received; and,

2. That a copy of the report and Council resolution be forwarded to the

Region of Peel and area municipalities of Mississauga and Caledon for information.

Carried

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F 5. Report from M. Majeed, Policy Planner, Planning Policy and Growth Management, dated May 1, 2014, re: City of Brampton Initiated Official Plan Amendment – Highway 427 Industrial Secondary Plan (Area 47) – Ward 10 (File P26 S47)

See Item D 2 – Recommendation PDD118-2014 G. Committee of Adjustment Reports H. Building and Zoning Reports * H 1. Report from B. Campbell, Director of Building and Chief Building Official,

Building Division, dated April 30, 2014, re: Application for a Permit to Demolish a Residential Property – 7764 Churchville Road – Ward 6 (File G33-LA)

The following motion was considered: PDD123-2014 1. That the report from B. Campbell, Director of Building and Chief

Building Official, Building Division, dated April 30, 2014, to the Planning, Design and Development Committee Meeting of June 16, 2014, re: Application for a Permit to Demolish a Residential Property – 7764 Churchville Road – Ward 6 (File G33-LA) be received; and,

2. That the application for a permit to demolish the residential

property located at 7764 Churchville road be approved; and, 3. That Peel Regional Police be advised of the issuance of a

demolition permit for the property 4. That the demolition of the dwelling must commence within six

months of the issuance of the demolition permit otherwise the approval shall be deemed null and void

Carried * H 2. Report from B. Campbell, Director of Building and Chief Building Official,

Planning and Building Division, dated May 6, 2014, re: Application for a Permit to Demolish a Residential Property – 1454 Queen Street West – Ward 6 (File G33-LA)


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PDD124-2014 1. That the report from B. Campbell, Director of Building and Chief Building Official, Planning and Building Division, dated May 6, 2014, to the Planning, Design and Development Committee Meeting of June 16, 2014, re: Application for a Permit to Demolish a Residential Property – 1454 Queen Street West – Ward 6 (File G33-LA) be received; and,

2. That the application for a permit to demolish the residential

property located at 1454 Queen Street West be approved; and, 3 That Peel Regional Police be advised of the issuance of a

demolition permit for the property. 4. That the demolition of the dwelling must commence within six

months of the issuance of the demolition permit otherwise the approval shall be deemed null and void.

Carried * H 3. Report from M. Taraborrelli, Sign Coordinator, Planning and Building Division,

dated May 12, 2014, re: Site Specific Amendment to the Sign By-law 399-2002, as amended – The Corporation of the City of Brampton - 10775 The Gore Road – Ward 10 (File 26SI)

The following motion was considered: PDD125-2014 1. That the report from M. Taraborrelli, Sign Coordinator, Planning

and Building Division, dated May 12, 2014, to the Planning, Design and Development Committee Meeting of June 16, 2014, re: Site Specific Amendment to the Sign By-law 399-2002, as amended – The Corporation of the City of Brampton - 10775 The Gore Road – Ward 10 (File 26SI) be received; and,

2. That the amendment to the Sign By-law be enacted; and, 3. That the applicant be responsible for the cost of the public

notification. Carried I. Engineering and Development Services Reports * I 1. Report from J. Edwin, Manager, Development Construction, Planning and

Infrastructure Services, dated May 26, 2014, re: Initiation of Subdivision Assumption Report – Helena Beach South Subdivision Phase 1 –

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Registered Plan 43M-1803 – South of Castlemore Road, East of The Gore Road – Ward 10 (File C10E10.008)

The following motion was considered: PDD126-2014 1. That the report from J. Edwin, Manager, Development

Construction, Planning and Infrastructure Services, dated May 26, 2014, to the Planning, Design and Development Committee Meeting of June 16, 2014, re: Initiation of Subdivision Assumption Report – Helena Beach South Subdivision Phase 1 – Registered Plan 43M-1803 – South of Castlemore Road, East of The Gore Road – Ward 10 (File C10E10.008) be received; and,

2. That Helena Beach South Subdivision Phase 1, Registered Plan

43M-1803 be forwarded to City Council for assumption by the City, once all departments have provided their clearance for assumption.

Carried J. Minutes K. Other/New Business/Unfinished Business L. Referred Matters * L 1. Referred Matters List – Planning, Design and Development Committee The following motion was considered: PDD127-2014 That the List of Referred Reports – Planning, Design and

Development Committee, to the Planning, Design and Development Committee Meeting of June 16, 2014, be received.

Carried M. Deferred Matters M 1. Report from N. Grady, Development Planner, Planning and Building Division,

dated May 29, 2014, re: Application to Amend the Official Plan and Zoning By-law – Howard, Roger – Eldomar Investments Ltd. – South West Corner of Kennedy Road South and Research Road – Ward 3 (File C01E04.012)

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Roger Howard, Eldomar Investments Ltd., referenced the visual of the

proposed development and stated that it accurately reflects setbacks and sizing. Eldomar Investments Ltd. met with staff and made revisions to the designs of the buildings in response to the concerns of area residents. Included in the new design is a reduction in height for the building located in proximity to existing residences to the west, a terraced design that has increased setbacks to existing residential development, relocation of the recreational area, landscaping enhancements, and improvements to the building design and architecture. A shadow study concluded that shadows from the development will not cross the property line. Mr. Howard suggested that the proposed development is needed to support revitalization of the area and stated that it transitions well into the neighbourhood.

Lynn Wallace, Eldomar Avenue, Brampton, spoke against the development

proposal and expressed concern with the following:

• Increase in traffic congestion • Visual impact of the building • Population increase and density • Noise pollution and unkempt balconies • Overcrowded schools and buses

Barbara-Anne Smith, Cornwall Road, Brampton, commented that she

appreciated the revisions made by Eldomar Investments Inc., and outlined her concern with the following:

• Aging infrastructure is in need of revitalization • Area residents are in need of community resources • Lengthy construction period • Traffic congestion • Insufficient public transit to sustain development

In response to questions from Committee, staff stated the following:

• The proposal conforms to the “Residential” and “Secondary Intensification Corridor” policies of the Official Plan.

• The Kennedy Road South Revitalization Area Secondary Plan designates the site as “Convenience Commercial” and “Special Policy Area 1”, an amendment to the Secondary Plan is required

• The residential and commercial uses, the scale, intensity and density of the development are appropriate for the site and consistent with the general vision for the re-development and intensification of Kennedy Road South

• The Traffic Impact Study prepared by Paradigm Transportation Solutions Limited has been approved and accepted by the Region. The study concluded that traffic signals at the area intersections will not be warranted until 2022

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• The application proposes a parking reduction from the standard requirements of the Zoning By-law. Staff has determined that the proposed parking and ease of access to transit that connects to all four Züm Brampton Rapid Transit lines will satisfy demand for parking

• Implementation of pedestrian crosswalks and transit stops will be addressed through the site plan process

• The four-season shadow study conducted by Levitt Goodman Architects shows there will be no impact of shadows on area residents

• Correspondence has been received from the school boards with no concern expressed with the application

Regional Councillor Paul Palleschi, Chair, noted the changes to the

recommendations regarding the maximum building height and no direct access from the development to the neighbourhood to the west.

The following motion was considered: PDD128-2014 1. That the report from N. Grady, Development Planner, Planning

and Building Division, dated May 29, 2014, to the Planning, Design and Development Committee Meeting of June 16, 2014, re: Application to Amend the Official Plan and Zoning By-law – Howard, Roger – Eldomar Investments Ltd. – South West Corner of Kennedy Road South and Research Road – Ward 3 (File C01E04.012) be received; and,

2. That the application be approved in principle and staff be directed

to prepare the appropriate amendments to the Official Plan and Zoning By-law;

3. That the Official Plan and Zoning By-law be amended in general

accordance with the following:

3.1 That the Kennedy Road South Revitalization Area Secondary Plan (Area 54) be amended to re-designate the site from “Convenience Commercial” and “Special Policy Area 1” to “Residential High Density-Special Policy Area” including site specific policies with respect to:

• limiting the amount of density to the proposed development;

• locating the majority of building massing along Kennedy Road South;

• requiring upscale urban design characteristics; and, • providing ground floor commercial uses.

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3.2 That the Zoning By-law be amended from “Service Commercial- Section 3442 (SC-Section 3442)” to “Residential Apartment A – Special Section (R4A – Special Section)”, generally in accordance with the following provisions:

(a) The lands designated “Residential Apartment A –

Special Section (R4A-Special Section)” shall only be used for the following purposes:

(1) an apartment dwelling; (2) the uses permitted in the Service Commercial

(SC) zone, located only on the ground floor of the apartment dwelling abutting Kennedy Road South; and,

(3) purposes accessory to other permitted purposes.

(b) The lands designated R4A shall be subject to the following restrictions and requirements:

(1) Minimum Font Yard Depth: 3.0 metres;

(2) Minimum Rear Yard Setback:

a) 12.0 metres to storeys 1 to 3 or part

thereof; b) 17.0 metres to storeys 4 to 6 or part

thereof; c) 23.0 metres to storeys 7 to 9 or part

thereof; d) 25.0 metres to storeys 10 to 13 or part

thereof; and, e) 80 metres to a 22 storey building.

(3) Minimum Exterior Side Yard Setback: 3.0

metres;

(4) Minimum Landscaped Area: 30 % of the site area;

(5) A minimum landscaped strip of 8.5 metres in

width shall be provided along the westerly property boundary;

(6) Maximum Number of Units: 308 units;

(7) Maximum Building Height: 19 storeys;

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(8) Maximum Floor Space Index: 3.1;

(9) Maximum Gross Floor Area for the purposes

permitted by Section (2) (a) (2): 1,120 square metres;

(10) Parking shall be provided as follows:

(i) one bedroom or bachelor

condominium apartment unit: 1.25 spaces per unit, inclusive of visitor parking;

(ii) two bedroom condominium apartment unit: 1.40 spaces per unit, inclusive of visitor parking; and,

(iii) for commercial purposes: one parking space for every 24 square metres or portion thereof;

(11) Minimum Setback for a Covered Ramp to

Underground Parking: 0.8 metres;

(12) All lands zoned Residential Apartment A – Special Section shall be treated as a single lot for zoning purposes.

4. That the following shall be satisfied prior to the adoption of the

official plan amendment and enactment of the zoning by-law:

4.1 Confirmation shall be received from the Chief Planning and Infrastructure Services Officer that development allocation is granted for 308 residential units and the owner shall be agreeable to the implementation of the requirements of the Department.

4.2 The applicant shall agree in writing to the form and content

of the Official Plan Amendment and amending zoning by-law.

4.3 The Urban Design Brief, dated December 23, 2013,

prepared by Levitt Goodman Architects, shall be approved.

5. That prior to the adoption of the official plan amendment and the enactment of the amending zoning by-law, the applicant shall

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enter into a rezoning agreement with the City, which shall include the following:

5.1 Prior to the issuance of a building permit, a site

development plan, landscaping, grading and storm drainage plan, elevation and cross section drawings, a fire protection plan, and engineering and servicing plans shall be in accordance with the approved Urban Design Brief and shall be approved by the City, and appropriate securities shall be deposited with the City, to ensure implementation of these plans in accordance with the City’s site plan review process.

5.2 Prior to the issuance of site plan approval, the applicant

agrees to make arrangements to the satisfaction of the Chief Planning and Infrastructure Services Officer to provide a new privacy fence along the westerly property line, and in this respect agrees to make arrangements with abutting landowners to replace existing fencing.

5.3 Prior to the issuance of site plan approval, the applicant acknowledges and agrees to make satisfactory arrangements to provide a signalized pedestrian crossing of Kennedy Road South in the vicinity of the site to the satisfaction of the Chief Planning and Infrastructure Services Officer.

5.4 Prior to the issuance of site plan approval, the owner

agrees to submit for approval, a Homebuyers Information Map to the satisfaction of the Planning and Infrastructure Services Department. The Homebuyers Information Map shall include all warning clauses and notes required by the City and shall be displayed in accordance with City policy and procedures.

5.5 Prior to the issuance of site plan approval, the owner shall

prepare a detailed construction configuration plan to the satisfaction of the Manager of Outdoor Construction Section of the Planning and Infrastructure Services Department.


submit an updated Noise Study and implement the requirements of the approved Study to the satisfaction of

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the Engineering and Development Services Division and the Chief Building Official. The applicant also agrees to provide a Noise Attenuation Statement as part of site plan approval and confirm and provide warning clauses in all offers of purchase and sale.

5.7 As part of site plan approval, the owner agrees to

implement the following to the satisfaction of the Engineering and Development Services Division and Chief Building Official to mitigate odour impacts from industrial uses in the vicinity:

i.) that air conditioning be provided for all residential

dwelling units and all common spaces in the proposed residential apartment buildings.

ii.) that the supply air system for the common spaces of the proposed residential apartment buildings and the commercial floor areas include a carbon filtration system.

iii.) confirm and provide warning clauses in all offers of purchase and sale.

5.8 Through the site plan approval process, the owner shall

provide a Functional Servicing Report to the Region of Peel for approval.


provide a plan to the Region of Peel showing all easements and the owner acknowledges that arrangements shall be made to the satisfaction of the Region of Peel to protect Regional easements from encroachments and obstructions.

5.10 The owner acknowledges that no additional storm drainage

shall be conveyed from Kennedy Road South, and additionally, that no grading will be permitted within the Kennedy Road South right-of-way to support adjacent development (Region of Peel Storm Sewer Design Criteria 2.0) and post-development flows must be equal to or less than pre-development levels (Region of Peel Storm Sewer Design Criteria 3.0).

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5.11 The owner agrees to complete arrangements satisfactory to the City and the Region of Peel for the provision of residential waste collection and disposal.

5.12 The owner agrees that all lighting on the lands shall be

designed and oriented to minimize glare on abutting properties and streets.

5.13 The owner shall agree to supply, install and maintain a

central mail facility (separate mailroom with lock panel) for the provision of mail service within for each of the buildings within this development proposal to the satisfaction of Canada Post.

5.14 The Owner shall gratuitously convey 0.3 metre reserves as

may be required by the City along the Research Road frontage and by the Region of Peel along the Kennedy Road South frontage except at approved access locations.

5.15 Through the site plan approval process, the owner shall agree to provide a combined berm and enhanced landscaping adjacent to the westerly property boundary.

5.16 Prior to the submission of a building permit application, the

owner agrees to provide a study to the satisfaction of the Chief Building Official to determine whether construction activity has the potential to cause vibrations which may impact buildings or structures outside of the construction site, and, if a zone of influence extends outside the construction site, the owner shall implement a pre-construction consultation and monitoring program to the satisfaction of the Chief Building Official.

5.17 Prior to the issuance of a building permit, the owner shall

submit to the Chief Building:

i.) a Phase 2 Environmental Site Assessment in compliance with the most current regulations;

ii.) a decommissioning report if contaminated material has been identified and is removed or, alternatively, a copy of the risk assessment together with a copy of the written acknowledgement of its acceptance by the Ministry of the Environment; and,

iii.) a copy of a Record of Site Condition and confirmation of the filing of Site Condition in the Environmental Site Registry.

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5.18 The owner agrees to undertake the following to the

satisfaction of Hydro One Brampton:

i.) confirm and grant all necessary easements, as may be required;

ii.) provide written confirmation from a Structural

Engineer guaranteeing that any supply transformer (s) located on the top of the underground parking structure will support the required weight;

iii.) confirm that Hydro One Brampton’s requirements for

transformer(s) maintenance and repair by Hydro One Brampton’s vehicles can be accommodated; and,

iv.) assume responsibility for all overhead and

underground clearances.

5.19 The owner shall provide the following clause in all offers of purchase and sale to the satisfaction of the Dufferin-Peel Catholic District School Board:

(i) “Whereas, despite the best efforts of the Dufferin-

Peel Catholic District School Board, sufficient accommodation may not be available for all anticipated students from the area, you are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside of the neighbourhood, and further, that students may later be transferred to the neighbourhood school.”

(ii) “That the purchasers agree that for the purpose of

transportation to school, the residents of the subdivision shall agree that children will meet the bus on roads presently in existence or at another place designated by the Board.”

5.20 The owner shall, to the satisfaction of The Dufferin-Peel

Catholic District School Board and to the Board’s specifications, erect and maintain signs on the site with the following:

“Notice: Please be advised that students may be accommodated elsewhere on a temporary basis until

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suitable permanent pupil places, funded by the Government of Ontario, are available.”

5.21 The owner shall provide the following clause in all offers of

purchase and sale to the satisfaction of the Peel District School Board:

“Whereas despite the best efforts of the Peel District School Board, sufficient accommodation may not be available for all anticipated students in neighbourhood schools, you are hereby notified that some students may be accommodated in temporary facilities or bussed to schools outside of the area, according to the Board’s Transportation Policy. You are advised to contact the School Accommodation Department of the Peel District School Board to determine the exact schools.”

5.22 The owner shall to the satisfaction of the Peel District

School Board and to the Board’s specifications, erect and maintain signs at the major locations to the development advising prospective purchasers that due to present school facilities, some of the children from the subdivision may have to be accommodated in temporary facilities or bused to schools according to the Board’s Transportation Policy. These signs shall be to the Board’s specifications, at locations determined by the Board and erected prior to registration.

5.23 The owner shall agree to implement the approved Urban

Design Brief.

5.24 The owner shall pay all applicable Regional, City and educational development charges in accordance with respective development charges by-laws.

5.25 The owner shall grant easements to the appropriate

authorities as may be required for the installation of utilities and municipal services to service the lands.

5.26 The owner shall pay cash-in-lieu of parkland dedication in

accordance with the Planning Act and City Policy or make other arrangements to the satisfaction of the City for this payment.

5.27 There shall be no direct access from the site (vehicular or

pedestrian) to the residential neighbourhood to the west.

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6. That the decision of approval for the subject application be

considered null and void and a new development application be required, unless a zoning by-law is passed within 24 months of the Council approval of this decision or within an extended period of time as approved by the Chief Planning and Infrastructure Officer.

Carried N. Notice of Motion O. Correspondence P. Question Period Q. Public Question Period In response to a question regarding Item M 1, staff clarified that the sale of units prior

to construction will determine if the buildings will be developed. The intent of the developer is to market the buildings as owner-occupied units. Staff explained that they do not have the ability to control tenancy of the units, including the ground floor commercial space.

R. Closed Session S. Adjournment PDD129-2014 That the Planning, Design and Development Committee do now

adjourn to meet again on July 7, 2014, at 7:00 p.m. Carried

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city council item j2 for august 6, 2014 - brampton council 2010/20140806cc_j2.pdf• existing...

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