January 16, Regional Councillor S. Hames Wards 7 and 8 (vacation)

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1 BRAMPTON CITY COUNCIL DATE: January 25, 2012 J6-1 Minutes Planning, Design and Development Committee Committee of the Council of The Corporation of the City of Brampton January 16, 2012 Members Present: Members Absent: Staff Present: Regional Councillor P. Palleschi Wards 2 and 6 (Chair) City Councillor V. Dhillon Wards 9 and 10 (Vice-Chair) 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 City Councillor B. Callahan Wards 3 and 4 Regional Councillor S. Hames Wards 7 and 8 (vacation) Planning, Design and Development Department D. Kraszewski, Director, Planning and Land Development Services H. Zbogar, Director, Planning Policy and Growth Management M. Won, Director, Engineering and Development Services K. Ash, Manager, Development Services R. Nykyforchyn, Development Services Corporate Services Department K. Pfuetzner, Legal Counsel E. Evans, Deputy Clerk C. Urquhart, Legislative Coordinator

2 J6-2 The meeting was called to order at 7:05 p.m., and adjourned at 9:48 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. PDD Approval of Agenda B. Conflicts of Interest C. Consent D. Statutory Public Meeting Reports E 1. PDD Application to Amend the Official Plan and Zoning By-Law Glen Schnarr and Associates Inc. Claireville Heights Limited East of Goreway Drive and North of Exchange Drive Ward 10 (File C08E07.010) (See Item O 1) F 1. PDD Application to Amend the Official Plan and Zoning Bylaw Glen Schnarr & Associates Inc Victor Szumlanski 9610 McLaughlin Road Southwest corner of Williams Parkway and McLaughlin Road North Ward 5 (File C02W09.011) F 2. PDD Application to Amend the Zoning By-law Glen Schnarr & Associates Inc. Kaneff Properties Limited North of Highway 407 and West of Financial Drive Ward 6 (File T04W13.008) F 3. PDD Application to Amend the Official Plan and Zoning By-Law Glen Schnarr and Associates Inc. Claireville Heights Limited East of Goreway Drive and North of Exchange Drive Ward 10 (File C08E07.010) (See Item O1) G. Policy Planning Reports H. Committee of Adjustment Reports I. Building and Zoning Reports J. Community Design - Parks Planning and Development Reports K. Engineering and Development Services Reports Page 2 of 22

3 J6-3 L. Minutes M 1. PDD City Initiated Zoning By-law Amendments Hardship for Residential Property Owners Requiring Minor Variances City Wide All Wards (File G31) N 1. PDD List of Referred Reports Planning, Design and Development O 1. PDD Application to Amend the Official Plan and Zoning By- Law Glen Schnarr and Associates Inc. Claireville Heights Limited East of Goreway Drive and North of Exchange Drive Ward 10 (File C08E07.010) (See Item E1). P. Notice of Motion Q. Correspondence R. Councillors Question Period S. Public Question Period T. Closed Session U. PDD Adjournment Regional Councillor P. Palleschi, Chair _ Page 3 of 22

4 A. Approval of the Agenda J6-4 PDD That the agenda for the Meeting of January 16, 2012, be approved, as amended as follows: To Delete Report F3 Report from P. Snape, Manager, Development Services, Planning, Design and Development, and R. Nykyforchyn, Development Planner, dated January 10, 2012, re: Application to Amend the Official Plan and Zoning By-Law Glen Schnarr and Associates Inc. Claireville Heights Limited East of Goreway Drive and North of Exchange Drive Ward 10 (File C08E07.010). To add correspondence from the following re Item O 1. Peel Standard Condominium Corporation 668, 890, 869, 882, PCC650 and their respective residents Board of Directors, Peel Standard Condominium Corporation 668 Carried 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, N 1) (Item M 1 was removed from Consent) D. Statutory Public Meeting Reports E. Delegations/Presentations - nil E 1. Delegations, re: Application to Amend the Official Plan and Zoning By-Law Glen Schnarr and Associates Inc. Claireville Heights Limited East of Goreway Drive and North of Exchange Drive Ward 10 (File C08E07.010) (See Item O 1). Carolyn Coffey, 3 Dayspring Circle, Brampton Calford Robinson, 3 Dayspring Circle, Brampton Barbara Douglas, Peel Standard Condominium Corporation Page 4 of 22

5 Note: The above noted delegation requests were received by the City Clerk s Office after the agenda was printed and circulated, and were considered by the Committee in accordance with Procedure By-law , as amended. Item O 1 was brought forward at this time. Committee acknowledged correspondence from the following: Peel Standard Condominium Corporation 668, 890, 869, 882, PCC650 and their respective residents Board of Directors, Peel Standard Condominium Corporation 668 Carolyn Coffey, 3 Dayspring Circle, Brampton, commented on the City s process regarding the application to date, noting that the recommendation report presented to Committee on December 5, 2011 was deferred to this meeting. She referenced correspondence that was circulated outlining the concerns that are not addressed in the staff recommendation report before Committee. She requested Committee s consideration on the following issues: Increased density of 90 units being proposed for a total of 330 units Reassurance that the existing sanitary sewer infrastructure will accommodate the density and a written agreement that in the event of sewer problems the builder will cover all expenses for repairs Road and traffic safety and the security of a gated community; putting a median on Goreway Drive would allow non residents access to their site; a suggestion that an allowance be made on the proposed median to allow for left hand turns Security gate should be installed at the entrance of the new community when the secondary road is made the permanent access and visitors to the community would then use Yorkland Gate Widening of Goreway Road which was originally scheduled for 2013, will also alleviate traffic congestion for commuters; given the additional development planned for the area, the road widening should not be delayed until 2017 J6-5 The City has the funding to begin the road works and additional funds will be generated from the proposed industrial development on the west side of Goreway Drive. Calford Robinson, 3 Dayspring Circle, Brampton, President of Peel Standard Condominium Corporation 668, stated his concerns as follows: Density, height and the number of buildings have increased the footprint for the site; the density exceeds the number of units per hectare of land Building materials for construction will include glass and precast concrete and will be compatible with the design of the architectural features of the existing developments Page 5 of 22

6 J6-6 Insufficient parking for residents and visitors will inconvenience the residents Residents experience difficulty exiting their homes in the mornings; future development in the area will generate additional traffic volume and further aggravate the situation A twelve storey building is too high for senior residents in the event of an emergency which raises the question of safety for the residents Residents need to feel a sense of security in their surroundings; a security gate at the entrance of the new community when the secondary road is made the permanent access would prove useful Assurance that adequate amenities will be available for residents Residents paid premiums for their units to have a view of the conservation area; the height of the proposed buildings will provide shadows and impede their views Request that Committee take the appropriate action to address the issues that the residents have brought forward, and a reminder of the many deficiencies in the previous Dayspring and Pointe of View developments which were not resolved Barbara Douglas, Peel Standard Condominium Corporation 668, commented as follows: Referenced the previous meetings on the proposal Approximately 125 residents attended the meeting held with staff and the applicant on January 9, 2012 Concerns reiterated at the meeting with respect to the proposal and a request that they be addressed whether any changes were made to the report that is before Committee and from the one presented on December 5, 2011 units per hectare exceeds the density that is allowed for the site concerns that families with young children will be permitted to live in the building commented that the traffic study that was undertaken was not done during peak hours Committee s comments and questions, staff and delegation responses included the following: o Whether the developer has guaranteed that the secondary road will be made permanent to provide the residents with access to the site; staff response that access is addressed o Adult oriented communities should be predominantly for seniors; whether there are families presently living at the Dayspring and Pointe of View Communities; a response from the delegations that there are probably two families at Dayspring and several at Pointe of View o How to reassure the residents that they will not have to deal with the same issues they experienced with Dayspring and Pointe of View and Page 6 of 22

7 J6-7 whether deficiencies will be addressed; staff responded that with respect to Dayspring Phase 1 site deficiencies, staff explained that the City originally required the developer to post a subdivision bond in the amount of $1.25 million as part of the Phase 1 development, the City has recently secured the full amount of the subdivision o The impact of the additional density of 90 units on the existing community and why this is being supported; staff explained that the density being proposed is permitted in the Secondary Plan and will not result in adverse impacts on the neighbouring properties, and together with the restrictions on the type and size of units, the technical studies demonstrate that density is supportable o Primary access to the site appears to be from Yorkland Boulevard and a secondary access is through the church parking lot; seniors should be able to feel a sense of security and their request for a gated community should be reconsidered; staff confirmed that the issue will be revisited when the development is completed and the temporary access is made permanent o Suggestion that full access be made into the Church parking lot and that access to Yorkland Boulevard be located between the gatehouse and Goreway Drive; o Measures to deter families from purchasing the proposed adult oriented units; staff explained that the development will be marketed as an adult lifestyle community from a design perspective with no amenities for families, however, there are no restrictions that the City can enforce o Confirmation that Peel Living is the only organization that is able to restrict families from adult oriented communities and a suggestion that only seniors should be allowed to live in adult oriented buildings; and comments that someone must have jurisdiction to implement and enforce this practice o City is required to meet the requirements of the Growth Plan to intensify and increase density, however quality should always be a factor in order to attract the desired community for the units; staff indicated that the developer has committed to a high quality building which will attract the senior residents and noted that the Pointe of View development attracted families because of lower pricing o Suggestion that the area Councillors, staff and the developer/consultant meet with the adult community every six months and provide an update on the development o Impact of traffic and measures to address residents concerns; staff indicated that there will be no adverse traffic impact and signals will be installed at the intersection of Yorkland and Goreway Drive prior to development o Sanitary services and capability to accommodate the Claireville Heights development; the applicant s allocation analysis stated that the existing sanitary infrastructure can accommodate the proposed Page 7 of 22

8 J6-8 density, however the Region of Peel will assess and confirm whether the services proposed will be sufficient prior to the Zoning By-law being presented o Height of the proposed buildings will create shadows and impede residents views; staff explained that a shadow analysis was undertaken and it was determined that the impact will be minimal Note: Later in the meeting, on a 2/3 majority vote, the question was reopened to add the following delegation on this item: Colin Chung, Glen Schnarr and Associates Inc., Mississauga, consultant for the applicant, provided the flowing comments: o explained that the framework of the development is structured for an adult oriented community o the units are smaller, with one and two bedrooms that would not be suitable for families, there are no three bedroom units to attract families o family amenities are not being provided o confirmed that the shadow impact will be minimal o development will be marketed as adult lifestyle community, however the builder cannot prevent families from purchasing a property o the three developments, Dayspring (Phase 1), Pointe of View (Phase 2) and Claireville Heights (Phase 3) are separately owned, however they are all participants of a shared facility agreement, such as, amenities, infrastructure, access and maintenance o applicant is aware of deficiencies experienced by the residents in Phases 1 and 2 and it is their intent to deliver a product that is appropriate and conducive to seniors. A motion to amend the staff recommendation to add the following clauses was introduced, voted on and carried: 8. That staff be directed to provide full moves vehicular access into the church parking lot off Goreway Drive and further, that any vehicular access drive from the church to Yorkland Boulevard in the vicinity of the gatehouse, be located between the gatehouse and Goreway Drive; 9. That the developer-funded traffic signals at the intersection of Yorkland Boulevard and Goreway Drive be installed by the end of Summer 2012 with full access, including a southbound left turn lane and a northbound right turn lane; 10. That the intersection at Goreway Drive southbound and Humberwest Parkway be examined to include dual left turn lanes, with a report back to Committee of Council; Page 8 of 22

9 J That the Claireville Heights development be marketed as an adult lifestyle facility; 12. That the area Councillors arrange a meeting with the residents every six months, in conjunction with the developer(s) and staff, to keep residents informed of the project status. The following motion was considered: PDD That the report from P. Snape, Manager, Development Services, Planning, Design and Development, and R. Nykyforchyn, Development Planner, dated November 21, 2011, to the Meeting of January 16, 2012, re: Application to Amend the Official Plan and Zoning By-Law Glen Schnarr and Associates Inc. Claireville Heights Limited East of Goreway Drive and North of Exchange Drive Ward 10 (File C08E07.010) be received; and, 2. That the application be approved in principle, and that staff be directed to prepare the appropriate documents for the consideration of Council; 3. That the Goreway Drive Corridor Secondary Plan be amended, accordingly to: 3.1. Establish a permitted density range of 65 to 123 units per hectare of the entire Special Policy Area 2 lands; and, 3.2. Delete or revise out-of-date or non-applicable policies to reflect the current development standards. 4. That the Zoning By-law be amended to appropriately implement the approved development standards of the proposal, including: 4.1 A Floor Space Index of 2.12 exclusive of the amenity floor area; 4.2 A maximum of 330 apartment dwelling units; 4.3 A maximum building height of 12 storeys; 4.4 A minimum building setback of 10.0 metres to all lot lines, except to the easterly lot line which shall be 7.5 metres; 4.5 A minimum landscaped open space of 50 per cent of the lot area; Page 9 of 22

10 J An underground parking structure setback of 0 metres, subject to consultation with the Toronto and Region Conservation Authority; and, 4.7 Deleting the requirement of a holding provision That prior to the enactment of the zoning by-law: 5.1 The flood plain limits of development shall be established to the satisfaction of the City, including the extent and setbacks for the underground garage and the establishment of the need for an easement in consultation with Toronto and Region Conservation Authority; 5.2 The application shall receive development allocation for 330 residential units; and 5.3 Final confirmation from the Region of Peel shall be received with respect to water and sanitary sewer capacity; That the applicant shall execute a zoning development agreement with the City which shall address or include the following, to the satisfaction of the Commissioner of Planning, Design and Development: 6.1. 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 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 City s site plan review process Prior to site plan approval, the Design Brief shall be approved, and the owner shall agree to implement the approved Design Brief, including but not limited to the provision of appropriate architecture and open space design elements The owner/developer will consult with Canada Post to determine suitable locations for the placement of Community Mailboxes and to indicate these locations on appropriate servicing plans The owner/developer 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 Page 10 of 22

11 J specification, on which to place the community mailboxes. b) Any required curb depressions for wheelchair access. c) The owner/developer agrees that ground floor commercial./retail units within this plan, to make arrangements to supply and install a central mail facility(mailroom, lock box assembly) for any office or commercial building(s) with a common indoor area. Prior to site plan approval, the applicant shall prepare a homebuyer s information map. 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. A restrictive covenant shall be registered on title within the site plan agreement and condominium declaration to advise perspective purchasers that this development shall not contain recreational amenity space or features oriented towards children. Prior to the issuance of site plan approval, arrangements shall be made for signalization and intersection works at the intersection of Yorkland Boulevard and Goreway Drive. In this regard, these signalization and intersection works shall either be completed or significantly advanced to a point that satisfies the City, or alternatively, the owner will need to make alternative financial arrangements to ensure that the appropriate intersection works are completed to the City s satisfaction. Prior to site plan approval, the applicant shall make arrangements, satisfactory to Brampton Transit for the provision of transit improvements, which shall consist of a bus landing and shelter pad along with the associated bus stop shelter being located within the northbound right-of-way of Goreway Drive, near Yorkland Boulevard. In addition, a walkway connection will also be provided from the Dayspring Community to the bus stop shelter. Prior to the issuance of site plan approval, the Functional Servicing Report (FSR) shall be approved and the applicant shall agree to undertake the requirements of the approved FSR. A Phase 1 Environmental Site Assessment and a Phase 2 Environmental Site Assessment (if required) Page 11 of 22

12 J shall be completed, and confirmation of filing of the Record of Site Condition shall be undertaken to the satisfaction of the Chief Building Official. The owner shall demonstrate, to the satisfaction of the City, that arrangements have been made for all three phases of the development to provide a temporary construction route for the transportation of construction equipment and supplies across the lands owned by the Pentecostal Assemblies of Canada to Goreway Drive. Once construction has been completed, the temporary access route shall be converted to a permanent motor vehicle access route for the residential development and shall be designed in accordance with City standards. The size and configuration of this secondary motor vehicle access route shall be approved as part of the site plan approval process. Prior to site plan approval, the application shall make arrangements, satisfactory to the Region of Peel, for the provision of all matters and works relating to residential waste collection and disposal. The applicant shall grant easements to the appropriate authorities as may be required for the installation of utilities and municipal services to service the lands. If required by the Peel District School Board, the owner/developer agrees to include the following clause in the agreement of purchase and sale: 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 Planning Services Department of the Peel District School Board to determine the exact schools. The owner/developer agrees to erect and maintain signs at the entrance(s) of the development to the satisfaction of the Peel District School Board which shall advise perspective purchasers that due to the present school facilities, some of the children from this development may have to be accommodated in Page 12 of 22

13 J6-13 temporary facilities or bussed to schools according to the Board s Transportation Policy The owner/developer agrees to erect and maintain signs at the entrance(s) of the development to the satisfaction of the Dufferin-Peel Catholic District School Board which shall advise perspective purchasers of the following: Please be advised that students may be accommodated elsewhere on a temporary basis until suitable permanent pupil places, funded by the Government of Ontario, are available. These signs shall be to the Dufferin-Peel Catholic District School Board s specifications, at locations determined by the Board and erected prior to registration If required by the Dufferin-Peel Catholic District School Board, the owner/developer agrees to include the following clause in the agreement of purchase and sale: 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. That the purchasers agree that for the purposes of transportation to school, the residents of the development agree that children will meet the bus on roads presently in existence or at another place designated by the Board 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 36 months of the Council approval of this decision. That staff be directed to provide full moves vehicular access into the church parking lot off Goreway Drive and further, that any vehicular access drive from the church to Yorkland Boulevard in the vicinity of the gatehouse, be located between the gatehouse and Goreway Drive; Page 13 of 22

14 J That the developer-funded traffic signals at the intersection of Yorkland Boulevard and Goreway Drive be installed by the end of Summer 2012 with full access, including a southbound left turn lane and a northbound right turn lane; 10. That the intersection at Goreway Drive southbound and Humberwest Parkway be examined to include dual left turn lanes, with a report back to Committee of Council; 11. That the Claireville Heights development be marketed as an adult lifestyle facility; 12. That the area Councillors arrange a meeting with the residents every six months, in conjunction with the developer(s) and staff, to keep residents informed of the project status; 13. That the following delegations, to the Planning, Design and Development Committee Meeting of January 16, 2012, re: Application to Amend the Official Plan and Zoning By- Law Glen Schnarr and Associates Inc. Claireville Heights Limited East of Goreway Drive and North of Exchange Drive Ward 10 (File C08E07.010) be received: Carolyn Coffey, 3 Dayspring Circle, Brampton Calford Robinson, 3 Dayspring Circle, Brampton, President of Peel Standard Barbara Douglas, Peel Standard Condominium Corporation 668 Colin Chung, Glen Schnarr and Associates Inc, Mississauga. Carried F. Development Team Reports * F 1. Report from P. Snape, Manager, Development Services, Planning, Design and Development, and A. Dear-Muldoon, Development Planner, dated December 19, 2011, re: Application to Amend the Official Plan and Zoning By-law Glen Schnarr & Associates Inc Victor Szumlanski 9610 McLaughlin Road Southwest corner of Williams Parkway and McLaughlin Road North Ward 5 (File C02W09.011). PDD That the report from P. Snape, Manager, Development Services, Planning, Design and Development, and A. Dear- Muldoon, Development Planner, dated December 19, 2011, Page 14 of 22

15 J6-15 to the Meeting of January 16, 2012, re: Application to Amend the Official Plan and Zoning By-law Glen Schnarr & Associates Inc Victor Szumlanski 9610 McLaughlin Road Southwest corner of Williams Parkway and McLaughlin Road North Ward 5 (File C02W09.011) be received; and, 2. That the application be approved in part and staff be directed to prepare the appropriate amendments to the Official Plan and Zoning By-law. 3. That the Official Plan be amended generally in accordance with the following: That the subject property be re-designated from Residential Low & Medium Density to Convenience Commercial and Open Space in the Fletchers Creek Village Secondary Plan. 4. That the Zoning By-law be amended generally in accordance with the following: 4.1 To rezone the site From Agricultural (A) to Service Commercial (SC) above the regional floodplain and Floodplain (F) below the regional floodplain, subject to: a) Permitted commercial uses in addition to a permitted detached dwelling on the SC zone: i. An Office (excluding a medical office and a real estate office) ii. A Hair Salon iii. An Animal Care and Grooming Establishment iv. A Nursing Home v. An Animal Hospital vi. A Commercial School (excluding driver education) b) Requirements and restrictions for permitted commercial uses, including: i. maximum gross floor area of 370 square metres (3,980 square feet) Page 15 of 22

16 J6-16 ii. minimum setbacks from lot lines to maintaining the existing location of the building iii. Minimum landscaping areas - 1.0m abutting the daylight triangle, 3m to all other lot lines iv. Minimum parking 6 spaces v. No loading space is required 5. That the request to amend the Zoning By-law to permit a private school and a day nursery be refused. 6. That prior to the adoption of the Official Plan amendment and the enactment of the amending Zoning By-law, the applicant shall enter into a rezoning agreement to agree to the following: a) That site plan approval shall be obtained prior to the any use and development of the site, including the provision of required parking spaces, for the permitted commercial uses; b) That prior to the site plan approval, the owner shall gratuitously convey the following land for purposes of road widening as per the Williams Parkway Environmental Assessment: i. A 3.5 metre wide strip along McLaughlin Road; ii. A strip along Williams Parkway roughly 5 metres wide being Part 3 on Plan 43R 23273; iii. A 15 metre x 15 metre daylight triangle at the intersection for the new right-ofway widening; iv. In addition to the above, 0.3 metre reserves shall be maintained along the new property line except at approved accesses; c) The Owner agrees that the access to McLaughlin Road will be full moves until the intersection improvements are completed for dual northbound left turning lanes on McLaughlin Road at Williams Parkway. The McLaughlin Road access will be restricted to Page 16 of 22

17 J6-17 right turns in and right turns out through means of a centre median upon completion of the noted works. The Owner further agrees to hold the City harmless in this regard; d) That prior to site plan approval, arrangements satisfactory to Enbridge Gas shall be made for the relocating of services; e) That prior to site plan approval, the arrangements shall be made satisfactory to the Region of Peel to confirm site servicing requirements; f) That prior to site plan approval, the applicant shall agree that on-site waste shall be collected by a private waste hauler; and g) That the applicant agree to apply Low Impact Development (LID) techniques where possible on the site. 7. 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 18 months of the Council approval of this decision. Carried * F 2. Report from P. Snape, Manager, Development Services, Planning, Design and Development, and O. Lababidi, Development Planner, dated December 19, 2011, re: Application to Amend the Zoning By-law Glen Schnarr & Associates Inc. Kaneff Properties Limited North of Highway 407 and West of Financial Drive Ward 6 (File T04W13.008). PDD That the report from P. Snape, Manager, Development Services, Planning, Design and Development, and O. Lababidi, Development Planner, dated December 19, 2011, to the Meeting of January 16, 2012, re: Application to Amend the Zoning By-law Glen Schnarr & Associates Inc. Kaneff Properties Limited North of Highway 407 and West of Financial Drive Ward 6 (File T04W13.008) be received; and, Page 17 of 22

18 2. That the application be approved and staff be directed to prepare the appropriate amendment to the Zoning By-law; and, 3. That the Zoning By-law be amended generally in accordance with the following: By changing the Recreation Commercial 2620 (RC-2620) zone to an appropriate Industrial Four A (M4A) zone to: a) To permit office, hotel and conference centre. b) To permit warehouse and manufacturing uses within an enclosed building. c) To permit limited accessory retail and service commercial uses in conjunction to the permitted uses. d) Provide for appropriate building setbacks, building height restrictions, landscape open space requirements and to prohibit outdoor storage. These include the following: (i) (ii) (iii) (iv) (v) (vi) J6-18 Minimum front yard depth: 6 metres Minimum interior side yard width abutting a residential use: 9 metres Minimum rear yard depth: 6 metres Maximum building height (except for an office or hotel): 13.7 metres Minimum Landscaped Open Space: a width of 3m in the front, rear, interior side and exterior side yards. All garbage and refuse storage shall be screened with an enclosure constructed from the materials that are compatible with the main building. 4. That prior to the enactment of the Zoning By-law, the applicant shall convey to the City lands required for road widening purposes along the west side of Financial Drive, to the satisfaction of the Commissioner of Planning, Design and Development. 5. That prior to the enactment of the Zoning By-law, the applicant shall enter into a rezoning agreement with the City, which shall include the following: a) Prior to site plan approval, the applicant shall adhere to the guidelines of the approved Urban Design Brief, to the satisfaction of the Commissioner of Planning Design and Development. b) Prior to site plan approval, the applicant shall implement the access and road improvement Page 18 of 22

19 J6-19 requirements of the approved Traffic Impact Study, to the satisfaction of the Commissioner of Planning, Design and Development. c) Prior to site plan approval, the applicant shall implement any lighting requirements including the submission of a Photometric Lighting Plan, to the satisfaction of the Commissioner of Planning, Design and Development. d) Prior to site plan approval, the applicant shall amend the previously approved draft plan and associated conditions of draft plan approval to reflect the current boundary limits of the subject lands, to the satisfaction of the Commissioner of Planning, Design and Development. 6. That this decision be considered null and void and a new development application be required, unless a zoning by-law is passed within 36 months of the Council decision. Carried F 3. Report from P. Snape, Manager, Development Services, Planning, Design and Development, and R. Nykyforchyn, Development Planner, dated January 10, 2012, re: Application to Amend the Official Plan and Zoning By-Law Glen Schnarr and Associates Inc. Claireville Heights Limited East of Goreway Drive and North of Exchange Drive Ward 10 (File C08E07.010) (See Item O1). Note: This item was deleted from the agenda under Approval of the Agenda, Recommendation PDD G. Policy Planning Reports - nil H. Committee of Adjustment Reports nil I. Building and Zoning Reports - nil J. Community Design - Parks Planning and Development Reports nil Page 19 of 22

20 J6-20 K. Engineering and Development Services Reports nil L. Minutes nil M. Other/New Business/Unfinished Business M 1. Report from K. Ash, Manager, Development Services, Planning, Design and Development, dated December 16, 2011, re: City Initiated Zoning By-law Amendments Hardship for Residential Property Owners Requiring Minor Variances City Wide All Wards (File G31). Comments from Committee on the proposed amendments include the following: size of decks and whether it would be more appropriate to determine the size based on property size whether it is reasonable for homeowners who have lived on a property for several years, who have installed fences and built sheds, to be told that they have to reduce the fence height or move the shed because of a complaint requests to provide documentation for accessory buildings, such as a deck, stating that it was built within a specific timeframe setbacks for accessory buildings and driveways and the need for related by-laws to be clear and transparent the number of accessory buildings that are permitted on a property home owners should not be penalized for driveways or decks that are constructed by the builder fee structure for residential variances and whether it should be reduced new residents should be provided with information on the size of driveways and it should be clear that widening of driveways is not permitted possibility of grandfathering previously built accessory building, decks, garages and fences Staff advised that the purpose of the report is to provide information to Committee on the most common minor variance applications which are related to issues with decks, accessory buildings, fence heights, detached garages and parking of trailers. It is intended to identify the areas in the Zoning By-law that need amending to reduce the various restrictions on residential properties as they pertain to these issues. With respect to comments from Committee staff explained as follows: New homeowners are provided with a homebuyers information package and the City requires developers to attach information maps Page 20 of 22

21 J6-21 to all purchase and sale agreements so that purchasers are provided with general information pertaining to their property The current fee structure for minor variances is less than other municipalities, however, staff will further review Grandfathering on the issues raised will be considered through the public meeting Driveways were not addressed in the staff report because Council s position on driveways is that they must meet the City s streetscape and landscape requirements Staff further explained that this matter will proceed to a public meeting, which will provide the opportunity for all residents to provide comments. Staff noted that the issues raised by Committee will be addressed through the public meeting. Staff confirmed that they will work with Corporate Communications to issue a press release on the matter prior to publication of the notice of the public meeting in the newspapers. The following motion was considered: PDD That the report from K. Ash, Manager, Development Services, Planning, Design and Development, dated December 16, 2011, to the Planning, Design and Development Committee Meeting of January 16, 2012, re: City Initiated Zoning By-law Amendments Hardship for Residential Property Owners Requiring Minor Variances City Wide All Wards (File G31) be received; and 2. That staff be directed to hold a public meeting regarding zoning provisions for fences, rear yard decks, accessory buildings, detached garages and the parking of trailers in accordance with the draft zoning by-law included in the report, and report back to Planning, Design and Development Committee with a full analysis. Carried N. Referred Matters * N 1. List of Referred Reports Planning, Design and Development PDD That the List of Referred Reports Planning, Design and Development Committee to the Planning, Design and Development Committee Meeting of January 16, 2012 (File P45GE) be received. Carried Page 21 of 22

22 O. Deferred Matters J6-22 O 1. Report from P. Snape, Manager, Development Services, Planning, Design and Development, and R. Nykyforchyn, Development Planner, dated November 21, 2011, re: Application to Amend the Official Plan and Zoning By-Law Glen Schnarr and Associates Inc. Claireville Heights Limited East of Goreway Drive and North of Exchange Drive Ward 10 (File C08E07.010). Dealt with under Item E1, Recommendation PDD P. Notice of Motion - nil Q. Correspondence - nil R. Councillors Question Period R 1. Regional Councillor Moore questioned whether title insurance covers City by-laws and orders to comply issued by the City, and requested that Legal Services staff provide a response at a future date. S. Public Question Period nil T. Closed Session - nil U. Adjournment PDD That the Planning Design and Development Committee do now adjourn to meet again on Wednesday, January 18, 2012 at 7:00 p.m. (Special Meeting Brampton Soccer Centre, 1495 Sandalwood Parkway East) and on Monday, January 30, 2012 (Regular Meeting 1:00 p.m. at City Hall). Carried Page 22 of 22