Allan Parsons, Manager, Development Services Site Plan Approval, Planning and Building Division,

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1 [:J BRAMPTON brompton.co Flower C1fy Date: Files: November 20, 2013 C03W and 21T B Report Planning, Design and Development Committee Committee of the Council of The Corporation of the City of Brampton PLANNING, DESIGN & DEVELOPMENT COMMITTEE DATE: ru~~ ~~ 2.-0)S Subject: Contact: SUPPLEMENTARY RECOMMENDATION REPORT Proposed Plan of Subdivision and Application to Amend the Zoning By-Law KLM PLANNING PARTNERS INC.- LOTEIGHT CONTHREEINVESTMENTSINC. (To permit residential, commercial, open space and floodplain uses) North of Queen Street West and West of Chinguacousy Road Part of Lot 8, Concession 3, W.H.S. Ward: 6 Allan Parsons, Manager, Development Services Site Plan Approval, Planning and Building Division, Overview: On June 9, 2010, Council approved " in principle" (PDD ) a proposed plan of subdivision and an amendment to the Zoning By-law to permit residential, commercial, open space and floodplain uses on the lands located north of Queen Street West and west of Chinguacousy Road in the Sub-areas 1 and 3 Block Plan area - Credit Valley Secondary Plan. 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 36 months of the Council decision." The 36 month timeframe expired on June 9, The owner has requested that the timeframe for a zoning by-law to be passed by Council be extended from 36 months to 48 months from Council's decision on June 9, The draft plan of subdivision was draft approved on January 12, Staff can support the extension to the timeframe for a zoning by-law to be passed by Council to June 9, 2014 in order that the appropriate zoning standards are enacted to reflect the residential land uses on both the Loteight Conthree plan of subdivision and the abutting draft approved plan of subdivision to the west (Nicolau Properties Ltd. 21T-01040B). To implement this request for an extension, Council will also need to endorse the re-activation of this application.

2 Recommendations: 1. THAT the report from Allan Parsons, Manager, Development Services Site Plan Approval, Planning and Building Division dated November 20, 2013, to the Planning, Design and Development Committee meeting of December 9, 2013, re: 'Supplementary Recommendation Report- Proposed Plan of Subdivision and Application to Amend the Zoning By-Law by KLM Planning Partners Inc. - Loteight Conthree Investments Inc., Ward 6, City Files: C03W and 21T B" be received ; and, 2. THAT the application by KLM Planning Partners Inc. - Loteight Conthree Investments Inc., City File C03W and 21T-10004B be re-activated and that its zoning by-law be passed by June 9, 2014, otherwise the decision of Council shall be considered null and void and a new development application will be required. Background: Council, on June 7, 2010 approved in principle a proposed plan of subdivision and an amendment to the Zoning By-law to permit residential, commercial, open space and floodplain on the lands located north of Queen Street West and west of Chinguacousy Road. Figure 1 : Location Map 2

3 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 36 months of the Council decision" (see Appendix 1 Council Approved Recommendations). The draft plan of subdivision was draft approved on January 12, 2012 (see below Figure: 2 Draft Approved Plan of Subdivision). Figure 2: Draft Approved Plan of Subdivision Current Situation: The applicant has requested a 12 month extension (until June 9, 2014) beyond the original 36 month timeframe within which the zoning by-law was to be passed by Council (see Appendix 2 - Letter from KLM Planning Partners Inc). The owner has indicated that the reason for the requested extension to the timeframe is to resolve the inconsistencies between the subject draft approved plan of subdivision and the abutting draft approved plan of subdivision to the west (Nicolau Properties Ltd. 21T-01040B). The applicant has advised that they have been working with the abutting landowner for the past year and a half, but unfortunately to date, they have not been able to resolve the inconsistencies between the two plans of subdivision. The applicant advises however that a recent meeting with the abutting landowner and staff, has provided progress on this matter, and it is expected that the issues can be resolved in the near future. 3

4 F3-Lf Planning and Infrastructure Services staff supports the extension to the timeframe for a zoning by-law to be passed by Council in order for staff to continue to meet with both the landowners, if required, to assist in resolving the inconsistencies between the two plans of subdivision. This will then allow for an accurate zoning by-law to be forwarded to Council, so that Loteight Conthree can work towards the registration of their plan. To implement this request for an extension, Council will also need to endorse the reactivation 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 36 months to 48 months from Council's decision on June 9, Respectfully submitted: <~ Dan Kraszewski, MCIP, RPP Senior Executive Director, Planning and Building Division Authored by: Michelle Gervais, MCIP, RPP, Development Planner APPENDICES Appendix 1-Council Approved Recommendations PDD Appendix 2- Letter from KLM Planning Partners Inc. dated October 21,

5 Fs-S APPENDIX 1 Council Approved Recommendations PDD City File: C03W

6 rfr~- BRAM PTON F~~(o Corporate Services ~~- Council and Administrative Services :ampton.: Flower City July 7, 2010 Please see Pages 1 0 and 11 for Correspondence Circulation Re: Proposed Draft Plans of Subdivision and Applications to Amend the Zoning By-law within Sub-Areas 1 and 3 - South of Bovaird Drive West, West of Chinguacousy Road - Ward 6: Loteight Confour Investments Limited (File C03W08.007) Helport Developments Inc. (File C03W08.005) Denford Estates Inc. (File C03W07.006) Cherry Lawn Estates Inc. (File C03W06.004) Bluegrass Valley Properties Limited (File C04W9.004) Tanyaville Holdings Inc. (File C04W09.005) Helport Developments Inc. (File C04W ) Sandyshore Property Development Corp. (File C04W09.002) The following recommendation of the Planning, Design and Development Committee Meeting of June 7, 2010, was approved by Council on June 9, 2010: PDD That the report from K. Ash, Manager, Development Services, and M. Gervais, Development Planner, Planning, Design and Development, dated May 10, 2010, to the Planning, Design and Development Committee Meeting of June 7, 2010, re: Proposed Draft Plans of Subdivision and Applications to Amend the Zoning By-law within Sub-Areas 1 and 3 - South of Bovaird Drive West, West of Chinguacousy Road - Ward 6: Loteight Confour Investments Limited (File C03W08.007) Helport Developments Inc. (File C03W08.005) Denford Estates Inc. (File C03W07.006) Cherry Lawn Estates Inc. (File C03W06.004) Bluegrass Valley Properties Limited (File C04W9.004) Tanyaville Holdings Inc. (File C04W09.005) Helport Developments Inc. (File C04W10.007) Sandyshore Property Development Corp. (File C04W09.002), be received; and, cont......i The Corporation of The City of Brampton 2 Wellington Street West, Brampton, ON L6Y 4R2 T: TTY:

7 f That the subject applications (Files: C03W and 21T 10004B, C03W and 21T-06016B, C03W and 21T-05018B, C03W and 21T-09007B, C04W9.004 and 21T-05037B, C04W and 21T-08006B, C04W and 21T-06019B and C04W and 21T 04012B) be approved and staff be directed to prepare the appropriate amendments to the Zoning By-law. 3. That prior to the issuance of draft plan approval, outstanding final comments and/or conditions of draft plan approval from external circulated agencies and internal City departments shall be received and any appropriate "prior to conditions of draft plan approval" and conditions of approval, including revisions to the plans and physical layout resulting from these comments, shall be accommodated. 4 That prior to the issuance of draft plan approval, all the landowners within each Phase of Sub-areas 1 and 3 (Phases 2S and 2W) shall execute a Single Source Agreement(s) for their respective areas (Phases 2S or 2W) for the provision of the portion of James Potter Road to be constructed as part of the draft plan of subdivision to the satisfaction of the Commissioner of the Planning, Design and Development, the Commissioner of Works and Transportation and the City Solicitor or their designate(s) and, in addition, appropriate warranties with respect to the Municipal Class Environmental Assessment undertaken by the Sub-areas 1 and 3 Landowners Group include the following: (i) that the Participating Owner is the sole Proponent of all Works and Undertakings to be constructed or installed by the Participating Owner pursuant to this Agreement within Credit Valley Block 2 for the purposes of the Municipal Class EA process required for any and all Works or Undertakings. The party acknowledge and agrees that the City is not a Proponent or co-proponent within the definition of the Municipal Class EA, either expressly or implied. Further, notwithstanding any action or omission by the City, the City shall not be deemed to be a Proponent or co-proponent of the Works and Undertakings; cont...../

8 F~-<[{ - 3 (ii) (iii) that the Participating Owner and their Trustee, have satisfied themselves regarding compliance with the requirements of the Environmental Assessment Act, its regulations and the Municipal Class EA document, as amended with respect to the Works and Undertakings outlined in this Agreement; and, that the Participating Owner and their Trustee shpll not and have not relied upon the City to provide any direction, approval, review or advice with respect to compliance with the Municipal Class EA document, as amended, or with respect to the Environmental Assessment Act and its regulations, as amended. 5. That prior to the issuance of draft plan approval of the first draft plan within Phase 2S, all owners within Phase 2S sign the Credit Valley Master Cost Sharing Agreement and the Sub-areas 1 and 3 Cost Sharing Agreement and provide the City with a written acknowledgement from the Trustee, appointed pursuant to the agreement, that the owner has signed the agreements and has delivered the deeds or made the payments that may be required by the agreements, and that the plan may be released for draft plan approval. 6. That prior to the issuance of draft plan approval of the first draft plan within Phase 2W, all owners within Phase 2W sign the Credit Valley Master Cost Sharing Agreement and the Sub-areas 1 and 3 Cost Sharing Agreement and provide the City with a written acknowledgement from the Trustee, appointed pursuant to the agreement, that the owner has signed the agreements and has delivered the deeds or made the payments that may be required by the agreements, and that the plan may be released for draft approval. 7. That prior to the issuance of draft plan approval, an addendum to the Phasing and Sequencing Strategy for Subareas 1 and 3 be approved to the satisfaction of the Commissioner of Planning, Design and Development that addresses the Growth Management requirements for Subareas 1 and 3 for each Phase (Phases 2S and 2W). cont...../

9 -4 3. That prior to the issuance of draft plan approval, the applicant provide a letter from the consulting engineer confirming that all eight (8) draft plans comply with the requirements of the approved Sub-areas 1 and 3 Environmental Implementation Report and Functional Servicing Report to the satisfaction of the Director of Engineering Development Services, the Credit Valley Conservation and the Region of Peel, and if necessary, the Sub-areas 1 and 3 Environmental Implementation Report and Functional Servicing Report be revised to address all outstanding concerns related to natural heritage protection, hazardous land and water management to the satisfaction of the Director of Engineering Development Services, the Credit Valley Conservation and the Region of Peel, including confirmation that no major modifications are required to address the Ministry of Natural Resources issues. 4. That prior to the issuance of draft plan approval of the Helport Developments Inc. draft plan (City Files: C03W and 21T-06016B), an addendum to the approved Sub-areas 1 and 3 Environmental Implementation Report is required to be submitted which shall address the relocation of Channel 88 to the west side of James Potter Road, and that the addendum to the Environmental Implementation Report, as it may be amended, shall be approved, prior to draft plan approval, to the satisfaction of the Director of Engineering and Development Services and the Credit Valley Conservation. 5. That prior to the issuance of draft plan approval, a strategy to deliver the north-south collector road, the portion of a convenience commercial block and a portion of the residential block on the City owned lands located at the south-east corner of Mississauga Road and Bovaird Drive West with the remaining portions of these blocks on the Helport Developments Inc. lands be determined to the satisfaction of the Commissioner of Planning, Design and Development. Cont.../

10 F31o That prior to the issuance of draft plan approval, Preliminary Environmental Noise and Vibration Analysis be submitted in support of each application (Files: C03W and 21T-10004B, C03W and 21T-06016B, C03W and 21T-05018B, C03W and 21T , C04W9.004 and 21T , C04W and 21T , C04W and 21T-06019B and C04W and 21T-04012B) and be approved to the satisfaction of the Director of Engineering and Development Services. 7. That prior to the issuance of draft plan approval of the Bluegrass Valley Properties Limited draft plan (City Files: C04W9.004 and 21 T ), the following is required to be approved to the satisfaction of the Commissioner, Planning, Design and Development and a clearance from the Ministry of Culture: (i) Approval of an Archaeological Assessment for the lands adjacent to the Huttonville Cemetery; (ii) Approval of a Heritage Impact Assessment for the lands adjacent to the Huttonville Cemetery, including an assessment of the existing vegetation; (iii) Written confirmation shall be received that the draft heritage documentation on the Plank House heritage site has been assessed to determine whether or not a pioneer family burial site is located in the vicinity of the Plank House. If a pioneer family burial site is located in the vicinity of the Plank House, the draft heritage documentation shall be revised to include suitable recommendations with respect to the pioneer family burial site; and (vi) An appropriate vegetation heritage buffer and fencing be provided along the boundaries of the Huttonville Cemetery. 8. That prior to draft plan approval of the Helport Development Inc. draft plan (City Files: C03W and 21 T ), the following is required to be approved to the satisfaction of the Commissioner of Planning, Design and Development: a. a conceptual site plan for Medium Density Block 173, including an appropriate access to this block to the satisfaction of the Director of Engineering and Development Services; and, cont...../

11 b. a conceptual site plan for Convenience Commercial Block 215, including an appropriate access to this block to the satisfaction of the Director of Engineering and Development Services. 9. That prior to draft plan approval of the Helport Development Inc. draft plan (City Files: C04W and 21T-06019B), the following is required to be approved to the satisfaction of the Commissioner of Planning, Design and Development: a. a conceptual site plan for Convenience Commercial Block 229, including an appropriate access to this block to the satisfaction of the Director of Engineering and Development Services. 15. That the following be completed with respect to the delivery of James Potter Road in each of Phases 2S and 2W to the satisfaction of the Commissioner of the Planning, Design and Development, the Commissioner of Works and Transportation and the City Solicitor or their designate(s): (i) (ii) (iii) Prior to draft plan approval of the first draft plan in Phase 2S or 2W, a "no-dealing" restriction shall be registered in favour of the City over the future right-ofway of James Potter Road and over the stormwater management ponds required for James Potter Road; Prior to the registration of the first draft plan in Phase 2S or 2W, the owner will be required to provide Progress Certificates and a Statutory Declaration that the works (internal and external) and any necessary grading and drainage works associated with the delivery of James Potter Road have been completed to a certain level (base asphalt) and paid for and to provide a Letter of Credit equal to the amount of the outstanding works plus 1 Oo/o of the cost of the completed works; Prior to registration of the first draft plan of subdivision in Phase 2S or 2W, the lands external to the first draft plan required for James Potter Road and the stormwater management ponds required for James Potter Road shall be gratuitously transferred, in fee simple free and clear of encumbrances to the City; cont.../

12 (iv) (v) The portion of James Potter Road located within the first draft of subdivision to be registered in Phase 2S or 2W shall be dedicated as "Public Highway" on the Owner's Certificate on the registered plan; and The remaining portions of James Potter Road, shall be established as "Public Highway'' by By-law enacted by the City and the owners shall remain responsible for the maintenance of James Potter Road for the guaranteed maintenance period, notwithstanding that the City has established James Potter Road as a public highway. 16. That prior to the issuance of draft plan approval, the Developer agrees to implement the provisions of the City of Brampton's Development Design Guidelines, to the satisfaction of the City; adhere to the "Architectural Control Protocol" as considered applicable by the City, and to implement this protocol which includes, but is not limited to, the following: (i) (ii) (iii) Selection of a Control Architect from the short list of architectural firms established by the City; Approval of an Architectural Control Guideline section of a Community Design Guideline or Urban Design Guideline document after it is drafted to the satisfaction of the City, and Organization of an information meeting with builders, designers and other key staff to identify the City's expectations, key issues, the process and milestones. Written confirmation of both their attendance at this meeting and their understanding of the entire process will be provided to the City. 17. That the street names contained in Appendix 6 be approved for the subject applications (Files: C03W and 21T 10004B, C03W and 21T-06016B, C03W and 21T-05018B, C03W and 21T , C04W9.004 and 21T-05037B, C04W and 21T , C04W and 21T-06019B and C04W and 21T-04012B). cont...../

13 f~ That prior to the issuance of draft plan approval, the applicant prepare a preliminary homebuyer's information map for each subdivision (Files: C03W and 21T 10004B, C03W and 21T-06016B, C03W and 21T-05018B, C03W and 21T-09007B, C04W9.004 and 21T-05037B, C04W and 21T-08006B, C04W and 21T-06019B and C04W and 21T 04012B) and a comprehensive composite Sub-areas 1 and 3 Homebuyer's Information Map to be posted in a prominent location in each sales office where homes in the subdivision are being sold and these maps shall contain the applicable information prescribed within the City of Brampton List of Standard Conditions of Draft Approval for Residential Plans of Subdivision as it pertains to Sales Office homebuyer's Information Maps including City approved street names and the possible temporary location of Canada Post mailboxes, including the number and duration. 19. That prior to the issuance of draft plan approval, the applicants execute a preliminary subdivision agreement to the satisfaction of the City which includes a schedule identifying all of the notice provisions for all of the lots and blocks within the plan of subdivision. 20. That prior to the issuance of draft plan approval, the land required for Chinguacousy Road widening be dedicated by the owner to the City to the satisfaction of the Commissioner of Works and Transportation. 21. That prior to the issuance of draft plan approval, the application receive development cap allocation for the proposed residential units. 22. That prior to the issuance of draft plan approval, the location of the Secondary School block and Community Park block on the Helport Development Inc. (21 T B) and Bluegrass Valley Properties Limited (21 T B) be determined to the satisfaction of the City and the Peel District School Board. 23. That prior to the issuance of draft plan approval, the applicant agree in writing to the form and content of an implementing zoning by-law for the subject applications; cont..../

14 24. That staff be authorized to issue the notice of draft plan approval at such time as all items recommended by Planning Design and Development Committee, to be addressed prior to draft plan approval, have been addressed to the satisfaction of the City, subject to the following: (i) any necessary red-line revisions to the draft plans identified by staff and/or identified in comments; and, (ii) all conditions contained in the City of 8rampton List of Standard Conditions of Draft Approval for Residential Plan of Subdivision, or derivatives or special applications of said conditions and any other appropriate conditions to ensure the implementation of the approved Growth Management Staging and Sequencing Report for Sub-areas 1 and 3, as determined by the Commissioner of Planning, Design and Development and the Commissioner of Works and Transportation Department. (iii) prior to registration of any draft plan in Phase 2S, excluding Timberbank Development (City Files: C03W and 21 T ), the arrangements for the portion of James Potter Road that will provide a permanent connection at Queen Street West located in Sub-area 5 shall be made to the satisfaction of the Commissioner of Planning, Design and Development, Commissioner of Works and Transportation and the City Solicitor. 25. That the decisions of approval for the subject applications (Files: C03W and 21T , C03W and 21T , C03W and 21T , C03W and 21T-09007B, C04W9.004 and 21T , C04W and 21T-08006B, C04W and 21T and C04W and 21 T ) be considered null and void and new development applications be required, unless zoning by-laws are passed within 36 months of the Council approval of these decisions. Yours truly, Chandra Urquhart Legislative Coordinator City Clerk's Office Tel: Fax: chandra.urquhart@ brampton.ca (PDD/E2/ F1)

15 F;-Js - 10 Correspondence Circulation re: Re: Proposed Draft Plans of Subdivision and Applications to Amend the Zoning By-law within Sub-Areas 1 and 3 - South of Bovaird Drive West, West of Chinguacousy Road - Ward 6: Loteight Confour Investments Limited (File C03W08.007) Helport Developments Inc. (File C03W08.005) Denford Estates Inc. (File C03W07.006) Cherry Lawn Estates Inc. (File C03W06.004) Bluegrass Valley Properties Limited (File C04W9.004) Tanyaville Holdings Inc. (File C04W09.005) Helport Developments Inc. (File C04W ) Sandyshore Property Development Corp. (File C04W09.002) cc: Regional Councillor P. Palleschi City Councillor J. Hutton J. Corbett, Commissioner, Planning, Design and Development D. Kraszewski, Director, Planning and Land Development Services K. Ash, Manager, Planning, Design and Development Services M. Gervais, Development Planner, Planning, Design and Development C. Grant, City Solicitor, Corporate Services B. Mallon, Co-ordinator, Legal Development Services, Corporate services KLM Planning Partners, Attn: Mr. James Kennedy, 64 Jardin Drive, Unit 1 B, Concord, L4K 3P3 Loteight Conthree Investments Ltd., 3625 Dufferin Street, Suite 500, Downsview, M3K 1 N4 Beverly Brown, 98 Major William Sharpe Drive, Brampton, L6X 3V1 Bill & Mary Lester, 12 Dana Court, Brampton, L6T 1 M6 Max and Shirley Morgan, 9623 Mississauga Road, Brampton, L6X OB3 Helport Developments Inc., Attn: Gino DiFiorio, 5622 McAdam Road, Mississauga, L4Z 2Z1 Fieldgate Developments, Attn: Russel White, 5400 Yonge St., Suite 501 Toronto, M2N 5R5 EMC Group Limited, Attn: Ms. Nadia Zuccaro, 7577 Keele Street, Suite 201 Concord, L4K 4X3 Danford Estates Inc., Attn: Frank Carogioiello, 3550 Langstaff Road, Suite 200 Woodbridge, L4L 9G3 Cherry Lawn Estates, C/0 Ballantry Homes, 20 Cachet Woods Court, Suite 6 Markham, L6C 3G1 Mr. Claus Probst, 1280 Queen Street West, Brampton, L6X OB2 Bratty & Partners, LLp, Barristers & Solicitors, Attn: Helen A. Mihailidi, 7501 Keele Street, Suite 200, Vaughan, L4K 1 Y2

16 - 11 F~-f(Q Blue Grass Valley Properties Ltd., 40 Vogell Road, Suite #1, Richmond Hill, L4B 3N6 Springbrook Community Management Inc., Attn: Andrew Orr, 30 Madras Place, Brampton, L6S 2Z2 Tanyaville Developments Inc., Attn: Barry Stern, 200 King Street W., Suite 1602 Toronto, M5H 3T4 Yaw Osei-Aning, 43 Tiller Trail, Brampton, L6X 4R6 Sandyshore Property Development Corp., c/o Great Gulf Homes, Attn: Hayden Matthews, 3751 Victoria Park Ave., Toronto, M1W 3Z4

17 F3-11 APPENDIX 2 Letter from KLM Planning Partners Inc. dated October 21, 2013 City File: C03W

18 PLANNING PARTN ERS INC. F3-l<t 64 Jardin Drive, Unit 1 B Con co rd, Ontario L4K 3P3 T F klmplanning.com File: P-1924 October 21, 2013 Planning and Infrastructure Services City of Brampton 2 Wellington Street West, 3rd Floor Brampton, Ontario L6Y 4R2 Attention: Ms. Michelle Gervais Development Planner Re: Draft Plan of Subdivision (21T-10004B) loteight Conthree Investments limited Part of Lot 8, Concession 3, W.H.S. City File: C03W City of Brampton Dear Ms. Gervais: As you are aware, KLM Planning Partners Inc. represents Loteight Conthree Investments Limited (Lot8 Con3) related to the above-noted Draft Plan of Subdivision and Zoning Applications. The purpose of this letter is to formally request an extension to the approval of the implementing Zoning By-law related to this proposed development. The City of Brampton Planning Design, and Development Committee approved the staff recommendation for Draft Approval and Zoning for this proposed development on June 7, Recom mendation #24 in the staff report requires the zoning be approved within 36 months of the Council Approval, otherwise the approval will be null and void and new development applications will be required. You recently advised me that this time period has since lapsed. We did not pursue the implementation of the final Zoning By-law on the Lot 8 Con3 lands as result of a very significant lotting issue we are having with the landowners to the west (Nicolau) to which you are aware. Nicolau was draft approved in 2005 by the Ontario Municipal Board (OMB). The OMB approved draft plan is not consistent with the approved Block Plan. In June 2010, the City of Brampton approved the Lot8 Con3 draft plan of subdivision. In early 2012, the surveyor for Lot8 Con3 began to work on the final M-Pian and noted that there was an Page 1 of 2 Planning Design Development

19 issue with the alignment of the lots and roads along the common property line with Nicolau to the west. After further investigation, it became clear that the OMB approved Draft Plan of Subdivision for Nicolau (Phase 2 only) and the approved Draft Plan of Subdivision for Lot 8 Con3 were inconsistent with each other. Please see the attached schedules which illustrate this alignment issue further. In the spring and summer of 2012, we initiated discussions with Conservatory Group (Nicolau) to try and resolve this issue. We met again in the Fall of 2012 and again in April of 2013 with no agreement between the landowners as of today. Notwithstanding our ongoing efforts to resolve this issue, we did not pursue final approval of the implementing zoning by-law because we did not know what effect the final agreement between the land owners would have on the lot pattern and ultimately the final Zoning By-law. Given our ongoing efforts of the past year and a half to resolve this significant issue, we respectfully request a minor extension from 36 months to 48 months (one (1) extra year) to the final date for the approval the Zoning By-law. We have revised our draft zoning by-law for staff consideration in a manner that will allow us to continue to work towards a resolution with Nicolau and will at the same allow Brampton Council to approve the final implementing Zoning By-law without further delay, should our request for an extension be granted. LotS Con3 intends to begin the subdivision registration process imminently once we have resolved the lotting issue with Nicol au and it would add significant delay to have to go through the development approval process again to simply re-approve the plan of subdivision in the same manner it is currently designed. I trust the foregoing is in order and we appreciation your consideration and understanding in this matter. Please let me know if you have any questions or concerns. Yours truly, K?~~~fiNE~ INC. Ryan Mino-Leahan, MCIP, RPP Associate/Senior Planner Encl. cc: Dawn Buccigrossi, H & RDevelopments Page 2 of 2