Contact: David Waters, Manager, Land Use Policy (905) Overview: This report presents a City-initiated Zoning By-Law Amendment for the

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1 Report BRAMPTON w-i Planning, Design and brompton.ca FlOWef City Development Committee Committee of the Council of The Corporation of the City of Brampton Date: March 6, 2013 PLANNING, DESIGN &DEVELOPMENT COMMITTEE File: S u bject: City File: CI n.~ Ajv'.l *, 1CA3 INFORMA TION REPORT City of Brampton Initiated Zoning By-law Amendment (Bram East Secondary Plan Area 41) Proposal to amend the zoning permissions within Special Policy Area 16 to Permit An Expanded Range of Non-Industrial uses Lands bound by The Gore Road, Ebenezer Road, Fogal Road & Nexus Avenue. Ward: 10 Contact: David Waters, Manager, Land Use Policy (905) Overview: This report presents a City-initiated Zoning By-Law Amendment for the area generally bound by Ebenezer Road to the north, Nexus Avenue to the east, Fogal Road to the south and The Gore Road to the west for presentation at a public meeting. The subject lands are located within a Special Policy Area 16 (SPA 16) in the Bram East Secondary Plan. SPA 16 expands the range of nonindustrial uses in addition to those uses already permitted by the M zone. This City-initiated Zoning By-law Amendment is necessary to harmonize the existing zoning with the uses permitted by the Secondary Plan. RECOMMENDATIONS 1. THAT the report from David Waters, Manager, Land Use Policy, dated March 6, 2013 to the Planning, Design and Development Committee Meeting of April 8, 2013, re: "Information Report - City of Brampton Initiated Zoning Amendment (Bram East Secondary Plan 41) Proposal to amend the zoning permission within Special Policy Area 16 to Permit An Expanded Range of Non-Industrial uses, Ward: 10, (File: CM2.020), be received; and,

2 2. THAT staff report back to Planning Design and Development Committee with a final recommendation that includes the results of the statutory public meeting and agency review. BACKGROUND This report presents a City-initiated Zoning By-law Amendment for the lands bounded by The Gore Road, Ebenezer Road, Fogal Road and Nexus Avenue. The subject lands are contained within Special Policy Area 16 (SPA16), in the Bram East Secondary Plan. OPA 69 was adopted by Council on June 20, 2012, implementing the Special Policy Area to extend the range of non-industrial uses for the subject lands. At the May 23, 2012 Meeting (Resolution No. PDD ), Council directed staff to initiate an amendment to the existing zoning by-law for the subject lands in order to harmonize with the uses permitted by SPA16.4. The property owned by Peel Standard Condominium Corporation (#767: 8887, 8897, 8907, and 8917 The Gore Road) at the north east quadrant of The Gore Road and Fogal Road is excluded from the City-initiated zoning amendment because it is subject to a private application which is proposing to broaden the range of non-industrial permissions. If the private application is approved, it would conform with the SPA 16 policies of the Bram East Secondary Plan The lands subject to the City-initiated Zoning By-law Amendment comprise approximately 7.51 acres. Figure 1.1 Limits of the area subject to the zoning by-law amendment

3 DT-3 Official Plan The 1993 Official Plan designates the subject site as "Business Industrial." The 2006 Brampton Official Plan proposes to designate the subject lands "Residential" but is subject to a Deferral. The Deferral was issued by the Region of Peel at the request of the City of Brampton because of the Growth Plan conformity review that was assessing the long term potential and viability of the City's employment lands. In accordance with the results of the Growth Plan review, Council endorsed the redesignation of the subject lands to "Business Corridor." This redesignation awaits final approval from the Ontario Municipal Board before it can be implemented in the Official Plan. On March 1, 2013, the City presented modifications to the Ontario Municipal Board to lift the deferral and redesignate the lands contained within Special Policy Area 16 as "Business Industrial." Formal approval is required from the Ontario Municipal Board before the designations are revised in the Official Plan. Secondary Plan The policies of Special Policy Area 16 (SPA 16) in the Bram East Secondary Plan apply to the subject lands. OPA 69, which implemented Special Policy Area 16 was approved by Council on June 20, The policies of the SPA were based on the recommendations of a market study undertaken by UrbanMetrics, which evaluated the plannedfunction of designated retail sites in, and near, the subject lands. The purpose of the SPA was to clarify the role and planned function of the subject lands, taking into account that several approved minor variance applications for nonindustrial uses resulted in the evolution of the lands towards more service commercial uses. As such, in addition to those uses permitted in the Mixed Commercial/Industrial designation of the Bram East Secondary Plan, SPA 16 expands the range of nonindustrial permissions to include the following: i. An office ii. A bank/credit union/financial institution; iii. A commercial school (includes commercial, technical and recreation school); iv. A health or fitness centre, including a place of commercial recreation;

4 v. An animal hospital; vi. A grocery store, no greater than 10,000 sq ft in gross floor area; and, vii. A private school. Zoning The existing M zoning that applies to the subject lands permits prestige industrial uses and a limited range of commercial uses. The zoning permissions include: The manufacturing, cleaning packaging, processing, repairing or assembly of foods or materials within an enclosed building, but excluding a motor vehicle repair shop and motor vehicle body shop or accessory use; A warehouse; A utility installation; A printing establishment; A retail establishment; and, A banquet hall. LOCAL CONTEXT There are a number of other commercial designations with similar functions (Neighbourhood Retail, District Retail and Mixed Commercial/Industrial) in the vicinity of the subject lands that vary in size (See Appendix 2: Bram East Secondary Plan designations and Appendix 3: Zoning Designations). Whereas commercial lands have been designated, the majority of these sites have not developed. At the northeast comer of The Gore Road and Ebenezer Road is an existing Convenience Retail Centre. At the southwest corner of the same intersection is a vacant site that is designated and zoned to permit a neighbourhood retail centre. This site is subject to a private application to permit residential uses and was considered at a statutory public meeting on September 5, The redesignation to residential was approved in principle at the Planning, Design and Development Committee meeting of November 19, The Official Plan and Zoning By-law Amendments were adopted by Council on February 27, At the southeast quadrant of Fogal Road and The Gore Road, is a nine acre site that is designated for Neighbourhood Retail uses. It should be noted that this site is actually part of a larger Mixed Commercial/Industrial designation and is zoned M At the southeast comer of the subject site, a banquet hall facility has been constructed. North of the banquet hall facility is a four acre parcel that has been

5 M-5 acquired by a faith group proposing a Place of Worship and a community recreation facility. Recently developed residential subdivisions are located to the north and west of the subject lands. To the east of the subject site, abutting Nexus Avenue, is a stormwater management plan and vacant, undeveloped lands. DETAILS OF THE PROPOSAL A Zoning By-Law Amendment is required to add permissions that are currently allowed in the Bram East Secondary Plan, within SPA16, but not reflected by the existing zone for the subject lands. Specifically, the proposed Zoning By-Law "Industrial Four (M4) - Section 2380" shall permit the uses allowed under "Industrial Four (M4) - Section 1669", as well as the following additional uses for the subject lands: An office A bank/credit union/financial institution; A commercial school (includes commercial, technical and recreation school); A health or fitness centre, including a place of commercial recreation; An animal hospital; A grocery store, no greater than 10,000 sq ft in gross floor area; and, A private school. The proposed amendment will remove the current M zoning restriction that limits offices uses to the area within 120 metres of the intersection of The Gore Road and Ebenezer Road. Office uses are permitted in the SPA. The 10,000 sq ft limitation for a specialty food and grocery store is proposed as part of the amendment to control the size of the food store so as not to compete with Neighbourhood Retail or District Commercial sites in the trade area of the subject site. A pharmacy is a permitted use under "Retail establishment", and is provided for in the existing M zoning. The proposed Zoning By-law Amendment will harmonize planning permissions by aligning the Secondary Plan with the Zoning By-Law in order to recognize the existing built form and planned function of the subject lands.

6 Property Description The following characteristics are noted on the subject property: The subject lands are contained within Special Policy Area 16 (SPA 16) bounded by The Gore Road, Ebenezer Road, Fogal Road and Nexus Avenue; and, The subject lands are approximately 7.51 acres. The majority of the subject site is occupied by The Gore Centre Plaza, which is located at the southeast comer of The Gore Road and Ebenezer Road and contains a variety of service, office and retail uses. The current tenant mix is more characteristic of a service commercial development than a mixed commercial/industrial designation. The Gore Centre Plaza has access onto both The Gore Road and Ebenezer Road. Southeast in the subject site, planning approvals have been secured for a place of worship and community recreation facility. South and east of the subject site, a Banquet Hall facility has been constructed with access to both Fogal Road and Nexus Avenue. Surrounding Land Use The Ebenezer Primitive Methodist Chapel and Cemetery (8999 The Gore Road) are located at the corner of Ebenezer Road and The Gore Road. This designated heritage property is not subject to the proposed zoning amendment. The Jaipur Gore Plaza is located at The Gore Road and Fogal Road, west of the subject lands. There is an active private application by the Condo Corporation to expand the range of non-industrial permission for their existing development. This application was presented at a statutory public meeting on June 13, The surrounding land uses are described as follows: North: East: A convenience retail plaza, Ebenezer Community Centre and residential development to the north of Ebenezer Road; a storm water management pond and presently vacant, undeveloped lands on the east side of Nexus Avenue which are deferred and under appeal;

7 South: West: Fogal Road, beyond which are vacant, undeveloped lands designated Neighbourhood Commercial and Mixed Commercial/ Industrial lands in the Bram East Secondary Plan; The Japiur Gore Plaza and The Gore Road, beyond which is vacant, undeveloped lands. At the southwest comer of The Gore Road and Fogal Road is a vacant site that is designated and zoned to permit a neighbourhood retail use. This site is subject to a private application to permit residential uses and was considered at a statutory public meeting on September 5, The redesignation to residential was approved in principle at the Planning, Design and Development Committee meeting of November 19, The Official Plan and Zoning By-Law Amendments were adopted on February 27, A townhouse development, two rural residential properties and undeveloped lands are located to the west. (See Appendix 4 - "Aerial Photo and Existing Land Use"). INFORMATION SUMMARY Land Use: Official Plan: The 1993 Official Plan designates the subject site as "Business Industrial." The 2006 Brampton Official Plan proposes to designate the subject lands "Residential" but is subject to a Deferral. The City's current supply of employment lands was assessed as part of the Growth Plan conformity review. As a result of this review, Council recommended that the lands bounded by The Gore Road, Ebenezer Road, Nexus Avenue, and Fogal Road be redesignated from "Residential" to "Business Corridor" in the 2006 Official Plan. This redesignation awaits approval and endorsement from the Ontario Municipal Board before it can be implemented in the Official Plan. On March 1, 2013, the City presented modifications to the Ontario Municipal Board to lift the deferral and redesignate the lands contained within Special Policy Area 16 as Business Industrial. Formal approval from the Ontario Municipal Board is required before the designations are revised in the Official Plan.

8 Secondary Plan: w Special Policy Area 16 in the Bram East Secondary Plan provides permissions for an expanded range of non-industrial uses, in addition to those permissions under the Mixed Commercial/Industrial designation. Zoning: The subject lands are zoned Industrial Four-Section 1669 (M4-1669) in the City's Comprehensive Zoning By-law Previous Committee of Adjustment decisions have expanded the range of non-industrial permissions. SPA 16 allows greater permissions than reflected in the current zoning. A zoning by-law amendment for the subject lands is required to harmonize the zoning by-law with the Secondary Plan. CORPORATE IMPLICATIONS: This report has been reviewed by Development Team, including Corporate Services and Zoning Services of the Planning, Design and Development Department. Their comments have been incorporated herein. Comments received on the circulation of the application from internal City Departments and from external Agencies will be provided in a future report to the Planning, Design and Development Committee; following the statutory public meeting. CONCLUSION The purpose of the City-initiated Zoning By-law Amendment is to expand the range of non-industrial uses for the subject area and to harmonize the zoning with the policies of Special Policy Area 16. Harmonizing the existing planning instruments will allow for best utilization of the built form and market potential of the subject lands now and in the future. Public notification has been fulfilled by way of publication in the Brampton Guardian. A sign was also installed at the corner of The Gore Road and Ebenezer Road (fronting Ebenezer Road). Staff will report back to Planning, Design and Development Committee with a final recommendation respecting the City-initiated Zoning By-Law Amendment following the statutory public meeting and agency review.

9 w«t Respectfully submitted: HenlM ;ip, RPP Dan Kraszewski, MCIP, RPP Acting k, Planning Policy & Acting Commissioner, Planning, Growth Management Design and Development Authored by: Natasha Rea APPENDICES: Appendix 1 - Official Plan Designation Appendix 2 - Secondary Plan Designation Appendix 3 - Current Zoning Appendix 4 - Aerial Photo and Existing Land Use Appendix 5 - Draft Zoning Amendment 9

10 VH Appendix 1 - Official Plan Designation 10

11 J23di EXTRACT FROM SCHEDULE A (GENERAL LAND USE DESIGNATIONS) OF THE CITY OF BRAMPTON OFFICIAL PLAN SUBJECT LANDS OFFICE SPECIAL LAND USE POLICY AREA RESIDENTIAL OPEN SPACE DEFERRAL BUSINESS CORRIDOR CITY LIMIT APPENDIX 1 SH BRAMPTON j f OFFICIAL PLAN DESIGNATIONS in*gui Flower City CITY OF BRAMPTON PUNNING, DESIGNS DEVELOPMENT Metres Drawn By: CJK Dale: CITY FILE: CI12.020

12 D-MZ Appendix 2 - Secondary Plan Designation 11

13 D^iS SUBJECT LANDS : rj cr EXTRACT FROM SCHEDULE SP41(A) OF THE DOCUMENT KNOWN AS THE BRAM EAST SECONDARY PLAN RESIDENTIAL LANDS: ROAD NETWORK : o o Low / Medium Density Major Arterial o -> Medium Density Cluster / High Density Mp ~~ CR K Collector Road Local Road EMPLOYMENT LANDS: 16 Special Policy Area 16 Office Node Mixed Commercial / Industrial Neighbourhood Retail Convenience Retail t OPEN SPACE: 1 Valleyland INSTITUTIONAL: Place Of Worship Bj BRAMPTON brornplon.co FlOWerCty PLANNING, DESIGN AND DEVELOPMENT APPENDIX 2 v SECONDARY PLAN DESIGNATIONS CITY OF BRAMPTON Date: Drawn By: CJK CITY FILE: CI12.020

14 W-IM Appendix 3 - Current Zoning 12

15 w-«i I SUBJECT LANDS INDUSTRIAL INSTITUTIONAL AGRICULTURAL CITY LIMIT COMMERCIAL FLOODPLAIN OPEN SPACE M BRAMPTON bnftaa FlowerGty PLANNING, DESIGN & DEVELOPMENT Drawn By: CJK Metres Dale: APPENDIX 3 ZONING DESIGNATIONS CITY OF BRAMPTON CITY FILE: CI12.020

16 W-lt* Appendix 4 - Aerial Photo and Existing Land Use 13

17 1 I SUBJECT LANDS RECREATIONAL FACILITY (U CEMETERY Air Photo Date: sp,in OPEN SPACE SCHOOL CITY LIMIT H5 BRAMPTON bromplon.ca HOWei" llty PLANNING, DESIGN & DEVELOPMENT V CITY OF BRAMPTON APPENDIX 4 - AIR PHOTO Drawn By: CJK Data: CITY FILE: CI12.020

18 w-l* Appendix 5 - Draft Zoning Amendment

19 w-n DRAFT To amend By-law , as amended. The Council of The Corporation of the City of Brampton ENACTS as follows: (1) The subject site be rezoned from "Industrial Four- Section 1669 (M1 Section 1669)", to Industrial Four (M4) - Section 2380 to include the following provisions: a) shall only be used for the purposes permitted under the Industrial Four- Section 1669 (M4-1669) zone, as well as the following additional uses: An Office A bank/credit union/financial institution; A commercial school (includes commercial, technical and recreation school); iv. A health or fitness centre, including a place of commercial recreation; v. An animal hospital; vi. A grocery store, no greater than 10,000 sq ft in gross floor area; and, vii. A private school. READ a FIRST, SECOND and THIRD TIME, and PASSED, in OPEN COUNCIL, this day of SUSAN FENNELL- MAYOR PETER FAY - CITY CLERK Approved as to Content Henrik Zbogar Acting Director, Planning Policy and Growth Management

20 XA-7Q

21 "M-21 r '' i i i i i i i i \ s j \^ i ^ LEGEND ZONE BOUNDARY PART LOT 5, CONCESSION 10 N.D. CITY OF BRAMPTON Planning, Design and Development By-Law Schedule A Oat»: F5«no. D12 20 ZBLA Drawn by: CJK