DEVELOPMENT PROFILE. Main Street North and Nelson Street East City of Brampton W E S T O N C O N S U L T I N G. planning + urban design

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1 W E S T O N C O N S U L T I N G planning + urban design DEVELOPMENT PROFILE Main Street North and Nelson Street East City of Brampton Vaughan Office 201Millway Avenue, Suite 19, Vaughan, Ontario L4K5KB T Oakville Office 1660 North Service Road E., Suite 114, Oakville, Ontario L6H7G3 T Toronto Office 127 Berkeley Street, Toronto, Ontario M5A 2X1 T westonconsulting.com F

2 Development Profile-Main Street North and Nelson Street East, City of Brampton Table of Contents 1.0 Introduction The Site Context Adjacent Land Uses and Surrounding Context Transportation Planning Policy City of Brampton Official Plan (January 2000 Consolidation) City of Brampton Official Plan (2006) 2013 Consolidation Downtown Brampton Secondary Plan Flood Plain Heritage Considerations Approved Planning Application OMB Approved Zoning By-law Amendment Site Plan Process and Next Steps Development Charges Incentive Program 16 Contacts 17 List of Attachments Zoning By-law Amendment Conditions of Approval Development Concept Downtown Retail Investment Brochure Downtown Brampton and Queen Street Corridor Brochure Development Charges Incentive Program Implementation Guidelines Development Charges Incentive Program Program Application Form 2

3 1.0 INTRODUCTION Weston Consulting has prepared this development profile on behalf of the owners of the lands located at Main Street North, 6 and 7 Nelson Street East, 7 Church Street East, and 11 Church Street East herein referred to as the subject site. The subject site has Zoning approval to permit a 17 storey mixed-use building containing up to 333 residential units with a minimum gross floor area of 800m 2 for commercial uses. This package provides an overview of the background of the subject lands, applicable Official Plan designations, Zoning By-law as approved by the Ontario Municipal Board, development considerations and opportunities and next steps for the site to be undertaken through the Site Plan process by the purchasers of the subject lands. 3

4 2.0 THE SITE CHURCH STREET EAST UNION STREET Brampton Tennis Club Brampton YMCA MAIN STREET NORTH Subject Site Brampton GO Rail Station NELSON STREET EAST The Rose Theatre The subject site and surrounding area 2.1 Context The subject site is located on a 0.74 hectare (1.84 acre) irregular parcel of land at the northeast corner of Nelson Street East and Main Street North in downtown Brampton. The subject site is currently occupied by a multi-unit commercial building, surface parking lot and several single storey buildings containing a laundry business, a mechanics garage, and storage shed. The legal description of the property is Plan Br2., Part Lots 49, 50, 51, 52, 57, 58, 59, 85, and 86, Being Part 1 on Reference Plan 43R-6278 of the City of Brampton. The subject site is bordered to the south by Nelson Street East and the CN railway track with GO Transit service, to the north by residential lots fronting onto Church Street East, to the west by Main Street North and commercial land uses, and to the east by residential apartments. The site is within close proximity to various amenities of interest, including the GO Transit and Via Rail station located to the west, Brampton Bus Station located to the south west, the YMCA recreational centre located to the east, Rose Theatre to the south and Brampton City Hall located further south at Wellington Street West and Main Street South. 4

5 2.2 Adjacent Land Uses and Surrounding Context The subject site is located within the Downtown Central Area of the City of Brampton characterized by medium/high residential, commercial and institutional land uses. More specifically, the following land uses abut the subject lands: North two storey commercial building which contains the John Howard Society, single detached dwellings used for commercial purposes and single detached dwellings used for residential uses; South Nelson Street East, beyond Nelson Street is the CN railways overpass; East five storey residential apartment; West Main Street north, across from Main Street is a one storey mixed use retail building and the GO Transit station and parking lot. The subject site is located within the Downtown core of Brampton and is located within the vicinity of a number of attractions and services. Points of interest include the Rose Theatre, City Hall, the YMCA and Brampton GO Station along with the many services and shops located in the vicinity of Queen Street and Main Street. The Rose Theatre City Hall Brampton GO Station Brampton YMCA 5

6 2.3 Transportation The property is well accessed by transit located in the immediate vicinity of the Brampton GO Rail Station and Bus terminal which is located directly west of the lands. GO Transit, VIA rail, ZUM and Brampton transit are located in the vicinity of the property as discussed below: GO Transit Rail transit is directly accessible through the Brampton GO Station which is also located just west of the subject site across Main Street. The Brampton GO Station is serviced by the Kitchener (Georgetown) line which runs from Union Station in Toronto to Kitchener. Currently rail service runs during AM/PM peak periods. Improvements to this rail line are expected and underway through the Georgetown South Project. The Georgetown South Project consists of a number of infrastructure and service improvements that have been recently completed or will be completed in the upcoming years. GO Bus Transit service from the Brampton GO Station supplements the existing rail service, running throughout the day approximately hourly VIA RAIL Further to the GO Transit rail service, VIA rail service is accessible from the Brampton GO transit rail station Brampton Transit and ZUM The site is well served by bus transit along Main Street, including both Brampton Transit and ZUM. ZUM is a Bus Rapid Transit System within the City of Brampton providing riders with efficient, high frequency transit service. ZUM 502 along Main Street runs north south directly adjacent to the subject site with service running from Sandalwood Parkway to the Mississauga City Centre Transit System at Square One. The site is also directly adjacent to one of the major transit terminals, the Nelson/Theatre Lane stop which connects to the ZUM line. A second line runs along Queen Street, approximately 200 metres south of the subject site, running east west from Downtown Brampton terminal to the transit hub at York University in Toronto. Local routes serviced by Brampton transit are accessible along Main Street including routes 2, 24 and 25. A majority of other routes connect to the Downtown Brampton Terminal directly across Main Street from the subject site. The site is located within the centre hub of local and regional bus transit. 6

7 3.0 PLANNING POLICY 3.1 City of Brampton Official Plan (January 2000 Consolidation) The January 2000 consolidation of the City of Brampton Official Plan was applicable during the time that the Zoning By-law Amendment application was submitted in November The subject property is subject to the policies within the Central Area designation. The Central Area includes a number of the corridors, nodes, and districts. The Primary Office Nodes and the Office Nodes of the Central Area are intended to function collectively and in an increasingly complementary manner. 3.2 City of Brampton Official Plan (2006) 2013 Consolidation Since the time of application, a new Official Plan was approved in part by the OMB by Order in October The Plan is in now in force and includes the Region of Peel s modifications and deferrals set out in the Region s Notice of Decision and appeals to the OMB. Subject Lands Extract of Schedule A General Land Use Designations, City of Brampton Official Plan Central Area The current Official Plan designates the subject site as within the Central Area, within the Urban Growth Area which is recognized as a significant corridor in Downtown Brampton and contains a wide range of land uses. The Urban Growth Area is planned to achieve a minimum gross density target of 200 residents and jobs combined per hectare by

8 The Central Area designation is to serve as the major location for free-standing or mixed-use development including: A full range of office, retail and service activities; A variety of residential land uses; Entertainment and cultural uses such as movie theatres, museums, Art galleries, live theatre and tourism, yet recognising commercial trends of such uses in other parts of the City; Governmental, institutional and community facilities and uses including Places of Worship subject to Section of this Plan; A high density employment centre that will attract provincially, nationally or internationally significant employment uses; and, Major transit infrastructure. Similar to the existing City of Brampton Official Plan (January 2000 Consolidation) policies, the proposed development conforms to the adopted policies as it represents a complimentary addition to the Central Area, encourages intensification and a mix of land uses within a built-up area, and safely addresses public health and safety in the event of an emergency. Subject Lands Extract of Schedule 1A Urban Growth Centre City of Brampton Official Plan 8

9 3.3 Downtown Brampton Secondary Plan Subject Lands Central Area Mixed-Use Extract of Schedule SP7(A) Secondary Plan Downtown Brampton The Secondary Plan for Downtown Brampton provides more specific policy direction for the area where the subject property is located and is intended to supplement and refine the policies contained within the Official Plan. The subject property is designated Central Area Mixed-Use. In this instance a mixed-use development means, a free-standing use either/or a development which any combination of office, retail, commercial, institutional, or residential uses are developed and managed as a unit. The maximum overall permitted Floor Space Index (FSI) in specific portions of the Mixed-Use designation is 3.5. The site is also identified as Special Policy Area No. 3 which has been determined by the TRCA as being below the regulatory floodline and therefore susceptible to flooding. As a result, the plan contains policies relating to site development and alteration on the site. Specifically, that all new buildings shall not be susceptible to flooding under regional storm conditions and that buildings will not be permitted should they be susceptible to flows which would be a hazard to life or major structural damage as a result of a flood. The proposed development is in keeping with the policies of the Official Plan and Secondary Plan as it represents a complimentary addition to the Central Area, encourages intensification and a mix of land uses within a built-up area, and safely addresses public health and safety in the event of an emergency. 9

10 3.4 Flood Plain The property is within Special Policy Area Number 3 within the Downtown Brampton Secondary Plan as being below the regulatory floodline. This policy area puts restrictions on development based on a number of provisions. Due to the site s location within a floodplain, a number of conditions have been adopted through the Zoning By-law Amendment process and will have to be addressed prior to Site Plan approval. In particular, an Engineering Feasibility Study and Emergency Measures Plan will need to be submitted prior to Site Plan approval among other requirements. Extract of OMB exhibit illustrating Regulatory Floodline (orange lines indicating Regulatory Floodlines ) 3.5 Heritage Considerations The commercial building at Main Street North is currently listed in the City of Brampton Municipal Inventory of Heritage Resources It was listed due to its history as an early automotive garage and gas station. Building facing Main Street North 10

11 4.0 APPROVED PLANNING APPLICATION In 2004, a Zoning By-law Amendment was submitted to the City of Brampton to permit a 17 storey mixed use building on the subject site. The proposal included the proposed 17 storey building plus a two storey mechanical penthouse at the intersection of Main Street North and Nelson Street East. The proposed land uses included retail/office components on the first three storeys and residential/hotel units above. An integrated underground parking structure was proposed to occupy the first three levels, with additional surface parking located towards the rear of the building, where an access ramp to the underground parking would be provided. A driveway from Nelson Street East would provide vehicular access to the underground and surface parking located at the rear of the building. An additional emergency egress was also proposed to provide an alternate parking access between the subject property and Church Street East, in order to provide a connection outside of the flood plain. This access was proposed on 7 Church Street East, which abuts the property to the north which serves as an egress route for pedestrians in the event of flooding. The concept site plan of this proposal is included below. Development Concept for Mixed-use Building 11

12 In support of this application a number of studies were submitted including: Nelson & Main Multi-Use Complex Traffic Impact Study, February 2005 (Paradigm Transportation Solutions Limited); Functional Engineering Report for Multi Storey Commercial/Residential Development Conceptual Engineering Design for Municipal Servicing Systems, January 2005 (Condeland Engineering Ltd.); Main and Nelson Commercial/Residential Development Plan Br-2 Environmental Noise & Vibration Study, December 2004 (Aercoustics Engineering Limited) Flood Analysis Report for Heritage Realty Condo Tower, May 2008 (Reinders + Rieder Ltd.) Engineering and Design Report, October 2008 (Weston Consulting) Sun/Shadow Study, April 2013 (Reinders + Reider Ltd.) Following submission of the application in 2004, a recommendation report in support of the application was released by City Planning and approved by Brampton Planning Design and Development Committee in The applicant and the City were then advised that Ministry of Municipal Affairs and Housing and Ministry of Natural Resources and Forestry approval was required for the rezoning application. The owners subsequently agreed to complete an Engineering Feasibility Study and Emergency Measures Plan prior to Site Plan approval. A Draft Engineering and Design Report was also submitted addressing the development application and policy background, flood analysis, emergency egress and floodproofing. In September 2012, the applicant appealed the Zoning By-law Amendment application to the Ontario Municipal Board. In addition to the City and Applicant, the Province and TRCA sought and were granted Party Status in the Ontario Municipal Board proceeding. The Province then withdrew from the proceedings and the applicant, City and TRCA reached a settlement that resolved the appeal. The appeal was settled as per OMB decision dated May 21, 2014 attached to this report. This decision can be found under case number PL dated May 21,

13 5.0 OMB APPROVED ZONING BY-LAW AMENDMENT As per the OMB decision dated May 21, 2014, the subject site is now zoned to permit a 17 storey building with up to 333 residential units and minimum gross floor area of 800 m2 (8611 sq ft) for commercial uses. The subject site is rezoned from Downtown Commercial (DC), Highway Commercial One (HC1) and Residential Extended One Zone (R2B(1) to Downtown Commercial 3441 (DC- 3441) and Residential Extended One Zone (R2B(1)- 3518). Permitted uses on the lands now include: 1) An apartment dwelling 2) A hotel or motel 3) An office 4) Only in conjunction with an apartment dwelling, or a hotel or motel: a) a retail establishment b) a grocery store c) a service shop d) a personal service shop e) a bank, trust company or financial company f) a dry cleaning and laundry distribution station g) a laundromat h) a dining room restaurant, a take-out restaurant i) a printing or copying establishment j) a temporary open air market k) a health or fitness centre l) and a custom workshop 5) purposes accessory to other permitted purposes With the following prohibited uses: An adult video store An adult entertainment parlour An amusement arcade A body art and/or tattoo parlour A massage or body rub parlour A drive- through facility in conjunction with any use Outside storage in conjunction with any use 13

14 Provisions permitted under the zoning by-law amendment include but are not limited to: Minimum Lot Area Minimum Front Yard Depth 0.70 ha 0.0 metres for any portion of the building less than 9.7 metres above grade for any portion of the building greater than 9.7 metres above grade, the minimum setback shall be 3.0 metres greater than that portion of the building less than 9.7 m above grade Minimum Exterior Side Width 0.0 metres for any portion of the building less than 9.7 metres above grade For any portion of the building greater than 9.7 metres above grade, the minimum setback shall be 3.0 metres greater than that portion of the building less than 9.7 metres above grade Minimum Interior Side Yard Width 0.0 metres Minimum Rear Yard Depth 6.0 metres for any portion of the building less than 9.7 metres above grade For any portion of the building greater than 9.7 metre above grade, the minimum setback shall be 10.4 metres Minimum Below Grade Setback 0.0 metres for all yard Minimum Building Height 17 storeys, excluding a mechanical penthouse, but in no case shall any portion of the building including a mechanical penthouse (but excluding an ornamental rooftop feature such as a spire) be higher than 52 metres above grade Maximum Number of Units 333 units Maximum Gross Floor Area 34,394 square metres, excluding all floor areas used for parking Maximum Lot Coverage 55% Minimum Landscape Open Space The cumulative landscape area comprising at grade and common terraces shall be a minimum of 12% of the lot area The full list of provisions is attached in Attachment 1. 14

15 6.0 SITE PLAN PROCESS AND NEXT STEPS Weston Consulting was retained to assist the owners of the subject site through the Zoning By-law Amendment process. We have successfully received approval for the Zoning By-law Amendment to permit a high density mixed use building. The Zoning By-law application was based off the site plan as attached. The next step in the development application process would be to undergo Site Plan Approval through a submission of a Site Plan application. Weston Consulting would be pleased to work with the developer of the site to undertake this next step. As part of the Zoning By-law Amendment settlement at the Ontario Municipal Board there are a number of conditions that must be met prior to the issuance of Site Plan approval. A number of reports, studies and fees should be resubmitted to satisfy these conditions. These conditions include but are not limited to: An Engineering Feasibility Study be approved to the satisfaction of the City and TRCA (original available dated October 2008); An Emergency Measures Plan; A revised Functional Servicing Report be approved by the City and the Region (original available dated January 2005); An Urban Design Brief to the satisfaction of the City; A Traffic Impact Study to the satisfaction of the City (original available dated May 2013); A Shadow Study to the satisfaction of the City (original available dated April 2013) It is important to note that a number of these studies have already been completed in which case revisions and updates will be necessary. The full list of conditions of approval is attached in Attachment 2. Weston Consulting would be pleased to assist any prospective purchaser of the property with design, consultation, and moving forward with a complete Site Plan application. 15

16 7.0 DEVELOPMENT CHARGES INCENTIVE PROGRAM The Central Area Community Improvement Plan Development Charges Incentive Program is intended to give financial relief to developers in the form of a refund of development charge costs (City Portion) or pay the development charge costs on behalf of the owner of the land. The objective is to change the character of Downtown Brampton and the Queen Street Corridor to a more intensive form of development including office, entertainment, medium/high density residential apartment and mixed residential/retail/commercial/office and hotel uses. The program is applicable to the lands situated within the Community Improvement Area (Program Area Map Appendix 5.2) and to the Central Area Mixed Use and Medium-High Density Residential land use designations prescribed by the Brampton Central Area Secondary Plans. The program only applies to new construction and the adaptive reuse of existing structures. Office uses, hotels, high density residential uses, commercial space and mixed use developments are applicable to the program in accordance to the standards set out in and of the guidelines. The full list of eligibility requirements is listed under 2.3 of the guidelines. Each project that has made an application to the Development Charges Incentive Program is scored based on the guidelines to establish the level of the incentive provided. If the application meets the minimum eligibility requirements it is eligible for 50% of the development charge incentive. Projects can earn up to another 50% Development Charge Incentive if they meet a number of performance criteria complying with the Central Area Vision. Therefore depending on the architectural design of the final site plan, this project could potentially achieve a 100% waiver of the City portion of the applicable development charges. Scoring is estimated by staff at the Site Plan stage and is recommended to Council for approval at Building Permit Stage. Projects that are approved will then have 6 months from the date of site plan approval to secure a building permit. The implementation guidelines and the application for the program are attached. 16

17 8.0 CONTACTS Mark Emery President Weston Consulting Phone: ext Bob Darling Advisor Office of the Chief Operating Officer City of Brampton Phone: Grant Gibson Ward 1 City Councillor Phone: grant.gibson@brampton.ca Joel Rieder President Reinders and Rieder Ltd. Architect Phone: joelr@reinders.ca Peter VanSickle President Brampton Downtown Development Corporation Phone: peter.vansickle@brampton.ca 17

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