Fl -I. PLANNING, DESIGN & DEVELOPMENT COMMITTEE File: C03W03.008

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1 BRAMPTON Fl -I Report Planning, Design and "amp Flower City Date: December 19, 2012 Development Committee Committee of the Council of The Corporation of the City of Brampton PLANNING, DESIGN & DEVELOPMENT COMMITTEE File: C03W DATE: JoftUtftfSjt LJ* t2 \h Subject: SUPPLEMENTARY RECOMMENDATION REPORT Application to Amend the Official Plan and Zoning By-Law GLEN SCHNARR & ASSOCIATES INC - CREDIT VALLEY ESTATES (To permit service commercial uses) South-west corner of Chinguacousy Road and future Dusk Drive Part of Lot 3, Concession 3, W.H.S. Ward: 6 Contact: Paul Snape, Acting Director, Land Development Services, Overview: On January 27, 2010, Council approved "in principle" an amendment to the Official Plan and Zoning By-law to permit service commercial uses on the lands located at the south-west corner of Chinguacousy Road and Dusk Drive in the Block 5 - Credit Valley Secondary Plan area. The Recommendation Report submitted to Council included a condition that "this decision be considered null and void and a new development application be required, unless a zoning by-law is passed within 18 months of the Council decision." The 18 month timeframe expired on June 27, The owner has requested that the timeframe for a zoning by-law to be passed by Council be extended from 18 months to 48 months from Council's decision on January 27, To date, the owner has not satisfied all of the Council approved "prior-to" conditions. These conditions require the owner to sign the Rezoning Agreement and sign the Block 5 Master Cost Sharing Agreement and the Credit Valley Master Cost Sharing Agreement. The owner is required to satisfy all of the Council approved "prior-to" conditions before the adoption of the Official Plan Amendment and enactment of the Zoning By-law. Staff can support the extension to the timeframe for a zoning by-law to be passed by Council to January 27, 2014 in order that a satisfactory building layout and design can be achieved at this location. To implement this request for an extension, Council will also need to endorse the re-activation of this application. C03W Recommendation Report

2 Fl-2 Recommendations: 1. THAT the report from Paul Snape, Acting Director, Land Development Services, Planning Design and Development Department, dated December 19, 2012, to the Planning, Design and Development Committee meeting of January 14, 2013, re: 'Supplementary Recommendation Report - Application to Amend the Official Plan and Zoning By-Law by Glen Schnarr and Associates Inc. - Credit Valley Estates, Ward 4, City File C03W03.008" be received; and, 2. THAT the application by Glen Schnarr and Associates Inc. - Credit Valley Estates, City File C03W be re-activated and that its zoning by-law be passed by January 27,2014, otherwise the decision of Council shall be considered null and void and a new development application will be required. Background: Council, on January 27, 2010 approved in principle an amendment to the Official Plan and Zoning By-law to permit service commercial uses on the lands located at the south west comer of Chinguacousy Road and Dusk Drive (see below Concept Site Plan that was approved "in principle" by Council and a Location Map). One of the conditions of the report is "that this decision be considered null and void and a new development application be required, unless a zoning by-law is passed within 18 months of the Council decision" (see Appendix 1 - Council Approved Recommendations). Concept Site Plan (Approved "in principle" by Council) C03W Recommendation Report

3 Fi-a Location Map Current Situation: The applicant has requested an extension of 30 months (until January 27, 2014) to the timeframe in which the zoning by-law is required to be passed by Council (see Appendix 2 - Letter from Glen Schnarr and Associates Inc. dated November 27, 2012). The owner has indicated that the reason for the extension to the timeframe is related to the uncertainty as to the prospective tenants for the proposed commercial development and what they may require in terms of building size and design. Since Council's decision in January 2010, the owner has submitted a site plan application with the City (File: SP ) for the proposed commercial development. A site plan report was sent to the owner in November Over the last year, City staff has been working with the owner to discuss site plan and zoning issues, such as building layout, architectural design and parking requirements. The original concept site plan for the proposed commercial development included two drive-through facilities, however, only one drive-through facility was supported by Council. Through the site plan approval process, staff from the Planning, Design and Development Department has been working with the owner to appropriately design the commercial development to accommodate one drive-through facility. As illustrated below on the current site plan drawing, only one drive-through facility is now being provided. C03W Recommendation Report

4 Fl-M- Site Plan (SP ) To date, the owner has not satisfied all of the Council approved "prior-to" conditions (see Appendix 1). These conditions require the owner to sign the Rezoning Agreement and sign the Block 5 Master Cost Sharing Agreement and the Credit Valley Master Cost Sharing Agreement. The owner is required to satisfy all of the Council approved "priorto" conditions before the adoption of the Official Plan Amendment and enactment of the Zoning By-law. C03W Recommendation Report

5 Fl-S Planning, Design and Development staff supports the extension to the timeframe for a zoning by-law to be passed by Council in order that a satisfactory building layout and design can be achieved at this location. The extension will also ensure that accurate requirements and restrictions will be included in the implementing zoning by-law. To implement this request for an extension, Council will also need to endorse the re activation of this application. Conclusion: It is recommended that the application be re-activated and the timeframe for a zoning by-law to be passed by Council be extended from 18 months to 48 months from Council's decision on January 27,2010. Respectfully submitted: Original Signed By Raul Snap, MCIP, RPP Acting/Erector, Land Development Services Original Signed By //ban tfaszefypkij MCIP, RPP -^Acting Commissioner, Planning, //Designyand Development Authored by: Michelle Gervais, MCIP, RPP, Development Planner APPENDICES Appendix 1 -Council Approved Recommendations PDD Appendix 2 - Letter from Glen Schnarr and Associates dated November 27th, 2012 C03W Recommendation Report

6 Fl-b APPENDIX 1 Council Approved Recommendations PDD City File: C03W C03W Recommendation Report

7 FI-"7 January 29,2010 Glen Schnarr and Associates Inc. Attn: Mr. Colin Chung 10 Kingsbridge Garden Circle, Suite 700 Mississauga, ON L5R 3K6 Re: Application to Amend the Official Plan and Zoning By-law - Glen Schnarr and Associates Inc. - Credit Valley Estates - Southwest corner of Chinguacousy Road and future Dusk Drive - Ward 6 (File C03W03.008) The following recommendation of the Planning, Design and Development Committee Meeting of January 18,2010, was approved by Council on January 27, 2009: PDD That the report from D. Kraszewski, Acting Director, Land Development Services, and M. Gervais, Development Planner, Planning Design and Development Department, dated December 16, 2009, to the Planning, Design and Development Committee Meeting of January 18,2010, re: Application to Amend the Official Plan and Zoning By-law - Glen Schnarr and Associates Inc. - Credit Valley Estates Southwest corner of Chinguacousy Road and future Dusk Drive - Ward 6 (File C03W03.008), be received; and, 2. That the application be approved and that staff be directed to prepare the appropriate documents for the consideration of City Council, subject to the following conditions: (1) The Credit Valley Secondary Plan Area 45 be amended from "Highway Commercial", "Low Density 2 Residential" to "Service Commercial" with the following site specific policies relating to design: (a) (b) (c) (d) Buildings are to be sited at the corner to architecturally address the intersection. An appropriate proportion of the building mass shall be located along the street frontages. Only one drive-through building is permitted. The drive-thru building shall be oriented to ensure that vehicular and pedestrian traffic are not in conflict.

8 Fl-o (e) Pedestrian walkway connections between buildings, street and parking areas shall provide a safe and attractive environment for pedestrian circulation. (2) The subject site be rezoned from "Agricultural" to "Service Commercial - Special Section" with specific requirements and restrictions. (i) For the lands designated "Service Commercial Special Section (SC - Special Section): (a) shall only be used for the following purposes in the Service Commercial (SC) zone: The following purposes shall not be permitted: (1) an adult entertainment parlour (2) an adult video store (3) an adult book store (4) a massage or body rub parlour (5) an amusement arcade (b) shall be subject to the following requirements and restrictions. These requirements and restrictions will be finalized after the approval of the Commercial Design Brief: (1) Minimum Landscaped Open Space (i) a 3.0 metre wide landscaped open space area shall be provided along all property boundaries except at approved vehicular access locations. (2) a maximum of one drive through facility is permitted. (3) all garbage and refuse storage including any containers for the storage of recyclable materials, shall be enclosed and screened from Chinguacousy Road and Dusk Drive.

9 FM (4) all restaurant refuge storage shall be enclosed in a climate controlled area within the building. (5) no outside storage shall be permitted. That prior to the adoption of the official plan amendment and enactment of the zoning by-law by Council the applicant shall provide confirmation that the landowner has signed the Block 5 Cost Sharing Agreement and the Credit Valley Master Cost Sharing Agreement. That prior to the adoption of the official plan amendment and enactment of the zoning by-law by Council, the Commercial Design Brief shall be approved to the satisfaction of the Commissioner of the Planning, Design and Development Department. The Commercial Design Brief shall have regard for the approved Block 5 Creditview Crossing Community Design Guidelines. That prior to the adoption of the official plan amendment and enactment of the zoning by-law, a functional design of Dusk Drive between Chinguacousy Road and James Potter Road shall be required to finalize details about lanes configuration, storage, taper and centre median. That prior to the adoption of the official plan amendment and enactment of the zoning by-law, the applicant shall submit a letter to the City's Engineering Development Services Division confirming that the proposed servicing of the site is in accordance with the approved Block 5 Functional Servicing Report. That prior to the adoption of the official plan amendment and the enactment of the amending zoning by-law, the applicant shall enter into an agreement with the City, which shall include the following: (i) (ii) The applicant agrees that access to Chinguacousy Road will be restricted to a right-in/right-out turning movements only and that the access will be located at the south limit of the site. The applicant agrees that access to the site from Dusk Drive will be at the westerly property limit.

10 F/-IO (iii) The applicant shall agree to implement the approved Commercial Design Brief. The applicant shall comply with the architectural control policies of the City. (iv) 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 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. These plans shall be in accordance with the approved Design Guidelines. (v) The commercial block is dependent upon the completion of Dusk Drive. In this regard, prior to site plan approval arrangements for the construction of Dusk Drive and dedication of the road as public highway shall be completed to the satisfaction of the Commissioner, Planning, Design and Development. (vi) The applicant shall pay all applicable Regional, City and educational development charges in accordance with respective development charges by-laws. (vii) 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. (viii) The applicant shall pay cash-in-lieu of parkland dedication in accordance with the Planning Act and City Policy. (ix) The applicant shall agree that on-site waste collection is required through a private waste hauler. (x) The applicant shall agree to screen all roof-top mechanical units. (xi) Canada Post requests that the owner complies with the following conditions: The owner will consult with Canada Post to determine suitable locations for the placement of Community Mailboxes and to indicate these locations on appropriate servicing plans.

11 FM/ The owner agrees to provide the following for each Community Mailbox site and include these requirements on appropriate servicing plans: o o An appropriately sized sidewalk section (concrete pad), as per Canada Post specifications to place the Community Mailboxes on. Any required curb depressions for wheelchair access. (xii) The applicant shall agree to convey gratuitously a 1.0 metre wide entry feature block at the southwest corner of Dusk Drive and Chinguacousy Road to accommodate a gateway/entry feature in accordance with the approved Block 5 Creditview Crossing Community Design Guidelines. (xiii) The applicant shall agree to dedicate to the City, the necessary lands for a 15 metre daylighting triangle at the south-west corner of Chinguacousy Road and future Dusk Drive. (xiv) The applicant shall agree to dedicate to the City, the necessary lands towards the ultimate 45.0 metre right-ofway of Chinguacousy Road. (xv) Prior to the submission of any grading and servicing plans or any grading on the subject property the applicant shall submit to the satisfaction of the Community Design, Parks Planning and Development Division an assessment of all vegetation on the property and identify opportunities to retain groupings or individual specimen trees. (xvi) The applicant shall agree to provide an aerial easement on the property that provides Hydro One Brampton with a net 5.0 metre aerial clearance beyond the existing Hydro One Brampton facilities along Chinguacousy Road. (xvii)the applicant shall agree to grant all necessary easements, as may be required, for guying (pole support) to Hydro One Brampton.

12 Ft-a 8. That this decision be considered null and void and a new development application be required, unless a zoning by-law is passed within 18 months of the Council approval of this decision. Yours truly, Chandra Urquhart Legislative Coordinator City Clerk's Office Tel: Fax: chandra.urquhart@brampton.ca (PDD/ F3) cc: Regional Councillor P. Palleschi City Councillor J. Hutton J. Corbett, Commissioner, Planning, Design and Development D. Kraszewski, Acting Director, Planning and Land Development Services M. Gervais, Development Planner, Planning, Design and Development B. Mallon, Coordinator, Legal Development Services, Corporate Services Credit Valley Estates, John Mantia, 91 Delta Park Blvd., Suite 4, Brampton, L6T 5E7

13 FL-ft APPENDIX 2 Letter from Glen Schnarr and Associates Inc. dated November 27, 2012 City File: C03W C03W Recommendation Report

14 FM4 Glen Schnarr & Associates Inc. Uriah t Regionai Pianheis, Land Development Cohsuitahts PAITNEB: Gun Schharr, hop, rpp GUNBR0U,MCIP,RPP COUHCHUN0,«aRRPP ASSOCIATES: November 27,2012 Refer To File: C Jt*R.DuKc*.cPT.ACST A) _. _n City of Brampton Planning and Development Department 2 Wellington Street West Brampton, ON L6Y4R2 Kareh Bennett,nap,rpp Brian SuiHauitD, nap, rfp Attention: Michelle Gervais, Development Planner Re: Request for Extension ofcouncil Decision Application to Amend the Official Plan and Zoning By-law - C03W Ontario Limited (Castleridge Homes) - C03W Southwest Corner of Chinguacousy Road and Future DuskDrive City ofbrampton Please accept this letter as our formal request for an extension to the Council Decision made on January 27,2010 in relation to the above-noted application. The lands subject to the application are located atthe southwest corner ofchinguacousy Road and future Dusk Drive. The site has frontages of approximately 110 metres along Chinguacousy Road, 90 metres along future Dusk Drive and an area of approximately 0.94 hectares. The site is designated "Highway Commercial" and "Low Density 2" in the Credit Valley Secondary Plan (SP45) and is currently zoned "Agricultural - A". The OPA and rezoning application is intended to re-designate and rezone the subject lands to "Retail Commercial" and "Service Commercial", respectively, to allow for the development ofa retail commercial use plaza having a total gross floor area of approximately 2,690 m2 (29,000 sq. ft). The OPA and rezoning application has been approved in principle. Since the time of the council decision, most conditions have been satisfied and a Site Plan Application has been filed (SP11-021). One of the conditions required to be satisfied prior to rezoning is the approval of an Urban Design Brief. While we have been actively advancing the processing ofthe Site Plan Application, we have not finalized the urban design brief as there is still some uncertainty as to the prospective tenants and what they may require in terms of building size/design. Prior to the adoption ofthe Official Plan Amendment and enactment ofthe zoning by-law, the applicant isalso required to provide confirmation that the landowner has signed the Block 5 Cost Sharing Agreement and the Credit Valley Master Cost Sharing Agreement. loklngsbbkf GUDEnGSCIE Suite 700 Mikisuuga,Ontario 15R3K6 TEl (905) tu (90S) Website wwwgiol m

15 FI-'S" Glen Schnarr & Associates Inc. UlBAN & RECIONAl PlANNEHS, IAN0 DEVELOPMENT COHSUITANIS As cost-sharing obligations are required to be fulfilled at the time ofsigning, the applicant would like to advance the Site Plan Application to the fullest extent possible and secure tenants prior to signing the agreement in order to minimize cost. It is anticipated that design and tenancy issues will be resolved by mid In order to fulfill the remaining "prior-to" conditions, we request an extension to allow the enactment ofazoning by-law within 48 months (until January 27, 2014) ofthe council approval ofthe decision. We trust this letter will suffice as our request for an extension. Please contact the undersigned if you have any questions. Yours very truly, GLEN SCHNARR & ASSOCIATES INC. fasoh Afo'nso, MCIP RPP 'Plannert c. J. Mantia, Castleridge Homes