DATE: June 14, 2016 REPORT: CD TYPE OF REPORT CONSENT ITEM [ ] ITEM FOR CONSIDERATION [ X ]

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1 DATE: June 14, 2016 REPORT: CD TO: Chair and Members Committee of the Whole Community Development FROM: Paul Moore, General Manager Community Development 1.0 TYPE OF REPORT CONSENT ITEM [ ] ITEM FOR CONSIDERATION [ X ] 2.0 TOPIC Official Plan Amendment OP-03-15, Zoning By-law Amendment PZ-12-15, (84 Lynden Road (Lynden Park Mall)), [Financial Impact None] (CD ) 3.0 RECOMMENDATION A. THAT Official Plan Amendment Application OP submitted by NA (LPM) Limited Partnership c/o Steve Bishop, affecting lands located at 84 Lynden Road, BE APPROVED by applying a Modified Policy Area to the subject lands to permit an increase in the total gross floor area for retail uses and include additional uses, in accordance with the applicable provisions as noted in Section 9.0 and 10.0 of Report CD ; and B. THAT Zoning Bylaw Amendment Application PZ submitted by NA (LPM) Limited Partnership c/o Steve Bishop, affecting lands located at 84 Lynden Road, BE APPROVED by changing the zoning of the subject lands from District Centre Commercial Zone (C11), District Centre Commercial Exception 2 Zone (C11-2) and District Centre Commercial Exception 3 Zone (C11-3) to Holding District Centre Commercial-Exception Zone (C11-Exception) to permit an increase in the total gross floor area for retail uses and include additional uses, in accordance with the applicable provisions as noted in Sections 9.0 and 10.0 of Report CD ; and C. THAT the Bylaw to remove the Holding (H) provision from the lands, in whole or in part, not be presented to Council for approval until a site plan

2 June 14, 2016 Page PURPOSE agreement has been entered into between the applicant and the City addressing all relevant requirements of the City and the Grand River Conservation Authority in regard to the natural heritage features, stormwater management, transportation and engineering matters including services and the relocation of any municipal infrastructure as noted in Section 10.0 of Report CD An application has been received to amend the City of Brantford Official Plan and Zoning Bylaw affecting the Lynden Park Mall property located at the south east corner of Lynden Road and the Wayne Gretzky Parkway, abutting the Alexander Graham Bell Parkway (Hwy. 403) to the south and Woodyatt Drive to the east (84 Lynden Road). A map showing the location of the lands is attached as Appendix A. The applicant is proposing to expand and redevelop the mall property by increasing the commercial floor area and variety of retail and service commercial uses. In addition to an expansion and redevelopment of the mall, also proposed are several separate standalone buildings to accommodate both large format and smaller format retail stores. New uses proposed include an apartment building, hotel, and retail warehouse. A site plan illustrating the proposed development is attached as Appendices B and C. 5.0 BACKGROUND 5.1 Site Features and Surrounding Land Use Attached as Appendices D to F are an aerial photograph, a map of existing land uses and photographs of the property. As illustrated in the appendices, the subject lands are irregular in shape with a total area of approximately 30.6 hectares (75 acres). The lands are bound by Lynden Road to the north, Woodyatt Drive to the east, the Alexander Graham Bell Parkway (Hwy. 403) to the south and Wayne Gretzky Parkway to the west. Roy Boulevard terminates at the eastern boundary of the site. An easement containing water and sanitary services extends through the lands from the termination of Roy Boulevard to the west lot line. An easement for stormwater also runs along the west side of the property and curves around the south side of the property. The mall itself currently has a gross floor area of 40,199 m² (432,709 ft²) and includes Sears, Food Basics, Winners, Shoppers Drug Mart, SportChek and other stores. Four other outbuildings occupy the property including three restaurants and a bank. The property is currently underdeveloped and the mall, together with the outbuildings occupies approximately 14% of the total site. The Brantford Visitor and Tourism Centre is accessed through the site from Wayne Gretzky Parkway but is located on its own parcel to the south which is separate from the Lynden Park Mall lands.

3 June 14, 2016 Page 3 A bus stop providing service for seven Brantford Transit routes is located interior to the site on the east side of the mall, providing direct access to all parts of the City including downtown. An off road multi use trail is also located on the west side of the Wayne Gretzky Parkway across from the mall, and there is an onroad shared bike lane that extends eastward along Lynden Road from Wayne Gretzky Parkway. The south and west part of the property is vacant and undeveloped. There is a large open drainage channel that has been realigned in the past, running along the western boundary of the property, parallel to Wayne Gretzky Parkway, extending to the south, and curving along the south boundary of the property to the north of the Alexander Graham Bell Parkway (Hwy. 403). It continues to the east as a tributary of Fairchild Creek. There is also a wetland located on the south part of the property. The lands are generally surrounded by a mix of commercial and industrial uses. Commercial and retail uses are located along Lynden Road to the north with industrial uses located beyond. Residential uses including single detached dwellings, townhouses and apartments are also located further to the northeast and north west. Industrial uses including manufacturing and warehouse uses are located to the east. The lands to the west are predominantly commercial in nature including Canadian Tire, Staples, Zehrs, a hotel, fitness centre, and other smaller retail uses as well as restaurants and medical offices. The Alexander Graham Bell Parkway (Hwy. 403) and other service commercial and retail uses are located to the south east along Holiday Inn Drive including Home Depot, Best Western Brant Park Inn as well as other offices and a place of worship. Industrial uses and vacant industrial land are to the south west. 5.2 Background and Detailed Description of the Proposal As noted in Section 4.0 of this Report, the applicant is proposing to expand and redevelop the mall property by intensifying the use of the lands and increasing the variety of retail and service commercial uses on the property as well as adding offices and an apartment building. The proposed development is comprised of the following elements: To permit some additional uses including apartment dwellings, a hotel, retail warehouse and retirement home. The total gross floor area is to be identified as 136,000 m² reflective of the current permissions in the Zoning Bylaw. The current cap on the total maximum gross leasable floor area for retail uses of 32,950 m² is proposed to be increased to 76,200 m² gross floor area for retail uses. The existing mall building is to be renovated and expanded to accommodate a total gross floor area of 51,343 m 2. Renovations of existing retail units at the north end of the mall building are proposed, as well as a retail expansion of the

4 June 14, 2016 Page 4 northeast corner of the existing building. The southern part of the mall, which contains the existing Sears department store, is proposed to be renovated and expanded to accommodate increased retail floor space and a new loading area. Existing mall building entrances are also proposed to be renovated. A number of new buildings are proposed to be located in the outlying areas of the site. These buildings include: o A hotel accommodating 96 suites with ground floor retail on the west side of the site near Wayne Gretzky Parkway; o A residential building containing 85 dwelling units which may or may not include ground floor retail uses on the east side of the site near Woodyatt Drive; o A large format retail building is proposed to be located in the southern portion of the site and is sufficiently sized to accommodate a retail warehouse (e.g. warehouse membership club); and o A number of other retail/service commercial and office buildings with a total gross floor area of approximately 15,431 m ² are also proposed. A new one-way entrance-only off Wayne Gretzky Parkway near the City s Tourism Centre is also proposed to the south of the existing entrance. The introduction of a turning circle at the termination of Roy Boulevard. The relocation / realignment of the internal transit stop to improve traffic movement on site. Improvement to traffic circulation, parking, landscaping and pedestrian connection throughout the site is also proposed. The applicant has not indicated the timing for expansion and redevelopment of the lands but it is expected that the new commercial space and other uses will be phased in gradually in accordance with the recommendations of the market analysis and related Peer Review. Attached as Appendices G and H are elevation drawings and artist renderings showing some of the proposed renovations to the existing mall as well as examples of proposed designs for the large format retail building as well as other buildings. In support of the application, the applicant also submitted the following studies and reports: Stage 1 and 2 Archaeological Assessment (Paterson Group) Environmental Impact Study (LGL) Functional Servicing and Stormwater Management Report (FP&P) Parking Study (Burnside) Transportation Impact Study (Burnside) Planning Justification Report (MHBC) Retail Market Demand and Impact Analysis (Tate Economic Research) Urban Design Brief (MHBC)

5 June 14, 2016 Page 5 Tree Inventory (GSP) The subject lands are designated District Centre Commercial Area in the Official Plan, which permits shopping centres and retail areas offering a broad range of retail, service and office commercial uses, as well as multiple unit residential dwellings, institutional and entertainment uses. The maximum gross leasable floor area for retail uses permitted for the Lynden Park Mall is 32,950 m². Through the amendment to the Official Plan, the applicant proposes to amend Section to allow for an increase in the gross floor area for retail uses to approximately 76,200 m², and to apply a Modified Policy Area to the subject lands to specifically permit supermarket, department store, hotel and retail warehouse uses. The lands are subject to three different zones as set out in Zoning Bylaw The north part of the site, which encompasses the existing mall is zoned District Centre Commercial - Exception 2 Zone (C11-2). The currently vacant middle and south portions of the site are zoned District Centre Commercial Exception 3 Zone (C11-3) and District Centre Commercial Zone (C11) respectively. Through the proposed amendment to the Zoning Bylaw, the applicant is seeking to consolidate the zoning for the entire site into one C11 Zone with specific exceptions to permit the following additional uses: apartment dwelling, hotel, retail warehouse and retirement home. Also proposed are special regulations as follows: 1. Lot coverage (maximum) 40% 2. Building height (maximum) 15 m Apartment dwelling 27 m Retirement home 27 m 3. All yards (minimum) 5 m 4. Gross floor area for retail uses (maximum) 76,200 m² 5. Total gross floor area (maximum) 136,000 m² 6. Parking (minimum) 4.0 spaces per 100 m² GFA Apartment Dwelling 1.5 spaces/unit Hotel 1 space/suite 7. Residential amenity space for Apartment dwellings and retirement homes (minimum) 3 m²/unit or bed 8. Mixed use buildings to be clarified to ensure mixed use buildings do not also have to include offices The definition of retail uses as they relate to the subject lands is also to be refined and special regulations are proposed to address the phasing of the additional retail gross floor area. These applications will be discussed in more detail in Sections 8.0, 9.0 and 10.0 of this Report.

6 June 14, 2016 Page INPUT FROM OTHER SOURCES 6.1 Technical Liaison Response These applications were circulated to internal departments and external agencies for review, and the comments received are summarized in Appendix I. Detailed comments from the Engineering Department, Grand River Conservation Authority and the Ministry of Transportation are attached as Appendices J-1, J- 2, K and L. The comments are discussed in further detail in Section 10.0 of this Report. 6.2 Public Response Notice of the Public Hearing was issued to all property owners (30 owners) within a 120 m radius of the subject lands (Appendix M) and the attendees of the ward meetings who requested the notices. At the time of writing this Report one letter was received from a property owner in the area and it is attached as Appendix M-1. The letter outlines concerns specifically related to the introduction of residential uses in close proximity to an industrial operation in the area. This letter is discussed further in Section 10.0 of this Report. A ward meeting regarding the proposal was held on October 28, Approximately 17 area residents and interested parties attended the meeting. The notes from the meeting are found in Appendix N. In general, the overall tone of the meeting was positive and supportive of the proposal. Questions were asked concerning the timing of the development, as well as traffic and how on site traffic flow was going to be improved. This is discussed further in Section 10.0 of this Report. 6.3 Grand River Notification Area Input Notice was issued as part of the Grand River Notification Agreement and a response from Six Nations was received and is attached as Appendix O to this Report. 6.4 Confederacy Notice was issued to representatives of the Confederacy, with no response received to date. 7.0 POLICY CONTEXT 7.1 Community Strategic Plan Context ( ) The applications were reviewed within the context of the Municipal Strategic Plan and they are consistent with the long-term desired outcomes set out under the

7 June 14, 2016 Page 7 first goal, Economic Vitality and Innovation as well as the third goal, Managed Growth and Environmental Leadership. In particular: Brantford will have a strong diversified economic base that provides its citizens with excellent local job opportunities. Brantford will be a business friendly community. Brantford will be known as a city that manages growth wisely, makes optimum use of its infrastructure, and is a leader in infill and brownfield development. These applications assist in achieving these objectives as they focus development within an established commercial node that is currently under developed and which serves not just local residents in the City but beyond. The proposal provides opportunities for new businesses to establish in Brantford, resulting in the creation of additional job opportunities as well. 7.2 Provincial Policy Statement (2014) The Provincial Policy Statement (PPS) focuses growth within settlement areas and promotes development that is carefully managed to meet the full range of current and future needs, while achieving efficient development patterns that optimize the use of land and resources in a sustainable manner. This proposal is consistent with the PPS as the development provides opportunities for employment and economic development, intensifies the use of existing serviced land, and minimizes the need to expand the settlement area and the extension of services. The lands are located within a primary regional commercial node in the City intended to accommodate retail and service commercial uses that serve the City and surrounding area. The proposal represents an efficient development and provides for a greater range of retail, commercial and limited residential uses through expansion, redevelopment and intensification of the existing site. The lands are currently underutilized and the expansion of the existing mall and the inclusion of additional uses will help to strengthen the role of this property as a regional shopping centre and will help to address the needs of the City and surrounding area into the future. 7.3 Places to Grow Growth Plan for the Greater Golden Horseshoe Similar to the policies of the Provincial Policy Statement, Places to Grow encourages intensification of built-up areas in order to optimize the use of the existing land supply and to avoid the over-designation of new land for urban development. The Growth Plan supports a strong and competitive economy and seeks to achieve compact, vibrant and complete communities within the Greater Golden Horseshoe Area. This proposal will provide for the intensification of a regional shopping centre located within a designated Intensification Corridor. It builds on the City s Intensification Strategy by focusing intensification within an established and

8 June 14, 2016 Page 8 underutilized commercial site. It also proposes to introduce residential uses into the Lynden Road corridor in an effort to improve the mix of commercial and residential uses in the surrounding area which will also assist in supporting transit. 7.4 Growth Management The lands are located within the built boundary of the City of Brantford as identified in the Growth Plan for the Greater Golden Horseshoe. This property is 30.6 hectares in size, and the applicant estimates that with the expansion and redevelopment of the lands, an estimated 931 additional jobs will be created, as well as the inclusion of 85 new apartment units, accommodating approximately 128 residents by applying a ratio of 1.5 persons / unit. 8.0 Official Plan Considerations Existing Land Use Designation: Proposed Amendment: District Centre Commercial Area To amend Section to allow for an increase in the total gross floor area for retail uses to approximately 76,200 m², and to apply a Modified Policy Area to the subject lands to specifically permit supermarket, department store, hotel and retail warehouse uses Attached as Appendix P, is an extract from Schedule 1 Land Use Plan of the City s Official Plan. The subject lands are designated District Centre Commercial Area in the Official Plan and they are located within one of the four principal areas in the City where retail activities are concentrated. As outlined in Section of the Official Plan, the mall, together with the emerging retail uses in the general vicinity of Lynden Road/Fairview Drive/Wayne Gretzky Parkway Area serve as a primary regional-scale focus for retail activities for the City and the surrounding area. As noted in Section of the Official Plan, It is the City s intent to direct the majority of new retail development into these existing commercial areas. Priority will be given to new retail development proposals, or the removal of development caps on existing retail properties, within these retail areas. The District Centre Commercial Area designation applies to only two areas of the City, the Lynden Park Mall and the Brantford Mall (now the Brantford Commons located on King George Road). The main permitted uses within this designation include shopping centres or retail areas offering a broad range of retail service, and office commercial uses which serve the City and portions of the surrounding municipalities. This includes all types relating to retail uses; restaurants and entertainment uses; personal and business uses; recreational uses; business

9 June 14, 2016 Page 9 and professional offices and accessory uses. Multiple unit residential dwellings and institutional uses are also permitted. All uses may be permitted in either mixed use or single use buildings. As stated in Section of the Official Plan, the total maximum gross leasable floor area for retail uses in the Lynden Park Mall shall generally not exceed 32,950 m². Any application to increase the floor area cap requires submissions of a planning justification study, a traffic impact study, a market impact study and an engineering study, all of which have been provided. The market study has also been peer reviewed by an external expert retained by the City. These lands are also located within an Intensification Corridor as set out in Schedule 1-2 Growth Management Plan to the Official Plan. (Refer to Appendix Q, attached to this Report). Intensification Corridor areas are located along major roads and arterials that have the potential to provide a focus for increased residential and employment densities and mixed use development and redevelopment. Intensification Corridors are encouraged to develop at densities and in a form that is supportive of transit and compatible with surrounding land uses. Increases in height can be considered through the submission of an urban design study and provided the development can be integrated with existing development, particularly low and medium density residential uses (single detached and semi detached dwellings, townhouses etc.). New buildings are encouraged to directly address the street edge by bringing the buildings closer to the street and providing pedestrian entrances and other amenities, creating a more attractive streetscape environment. Parking is also encouraged to be located in the interior of the blocks where possible and pedestrian related uses are encouraged at grade. The Floodway Policy Area of the Official Plan also applies to the south part of the subject lands as shown on Appendix R. The Floodway Policy Area applies to all lands within the floodplain of major watercourses within the City, including Fairchild Creek. The Floodway area applicable to the subject lands does not appear to reflect the realignment of the drainage channel along the south portion of the site as current Grand River Conservation Authority (GRCA) mapping defines a much narrower floodplain area along the south limit of the property. The policies relating to the Floodway Policy Area are to be followed in addition to the policies in the respective land use designations applicable to the lands and any development is also subject to the regulations of the GRCA. As noted in Section 5.2 of this Report, the purpose of the Official Plan Amendment application is to amend Section to allow for an increase in the gross floor area for retail uses to approximately 76,200 m², and to apply a Modified Policy Area to the subject lands to specifically permit supermarket, department store, hotel and retail warehouse uses. With respect to the current restriction or cap on floor area, the purpose of limiting the retail floor area is to ensure that any expansion has considered the impact on the viability of the City s other commercial areas. Section of the Official

10 June 14, 2016 Page 10 Plan requires the submission of a market impact study in support of such an application. Specifically Section states: a market impact study indicating that the proposed development can be justified on the basis of market demand without severe impact on the planned function of the existing and proposed commercial structure of the City as established by the Official Plan. In this case, the applicant submitted the necessary study which was also subject to a detailed Peer Review by an independent external expert and a copy of the executive summary from the Peer Review is attached to this Report as Appendix S. The applicant s Market Study concluded that the Lynden Park Mall has significant capacity to expand. It draws customers from a wide area which is experiencing growth in population. The Market Study also examined the need for a Warehouse Membership Club in particular (i.e. a retail warehouse) and concluded that such a use is justified on the basis of market demand and can be accommodated without material impact on the planned function of the existing and proposed commercial structure of the City. Similarly, additional retail space at the mall as well as in separate buildings could be accommodated without a severe impact on the planned function of the existing and proposed commercial structure of the City. The Market Study proposed a phasing of the additional retail space prior to and after 2021 to address reduced sales per square foot levels for existing retail nodes in the City after the introduction of the additional retail space at the mall. The phasing proposed recommended that a maximum retail floor area of 71,830 m² could be accommodated on site immediately, with an additional expansion of 4,370 m² after The Market Study prepared by Tate Economic Research Inc. (TER) and submitted in support of the application was subject to a detailed Peer Review which also required some additional analysis on the part of the applicant. A copy of the executive summary as attached as Appendix S. The City s Peer Review consultant (Malone Given Parson s Ltd. (MGP)) concluded the following: The proposed expansion to the Lynden Park Mall would increase and improve the level of service and convenience to shoppers. This includes the addition of a warehouse membership club (WMC) as residents of the City and the trade area served by the mall drive to and shop at WMCs in other cities including Ancaster, Burlington and Kitchener. Population growth in the market from 2014 to 2031 and projected retail spending generate demand and market support for additional retail space. High sales at existing stores also support this as well. The TER Report and MGP sensitivity market analyses illustrate that the retail expansion is justified on the basis of market demand without severe impact on the planned function of the existing and proposed commercial structure of the City. The Peer Review prepared by MGP also recommends that if the expansion is determined to be appropriate, that development controls including use restrictions, development timing and maximum floor area caps be identified in

11 June 14, 2016 Page 11 site specific amendments to the Official Plan and Zoning Bylaw. discussed further in Section 10.0 of this Report. This is The second aspect of the proposed amendment to the Official Plan, involves the inclusion of supermarket, department store, hotel and retail warehouse uses as additional uses in the District Centre Commercial Designation. Section of the Official Plan sets out the permitted uses within this designation which states: shopping centres or retail areas offering a broad range of retail service and office commercial uses which serve the City and portions of the surrounding municipalities. These uses will include all the following types: retail uses, restaurants and entertainment uses In Planning Staff s opinion, supermarket and department store are already permitted uses in this designation and this is supported as well by the underlying zoning applicable to the lands which permits both grocery stores and department stores. However, Staff understand that the applicant is seeking complete clarity regarding the permitted uses and they would like these included in a modified policy applicable to the lands. With respect to hotel uses, they are currently permitted in the Core Commercial, General Commercial and Business Park Industrial designations of the Official Plan. Lands within these designations are located on arterial roads and/or in close proximity to the Highway 403 interchanges and in some cases are parts of the identified principal retail areas of the City as identified in the Official Plan. The Lynden Park Mall property is also located on a major and minor arterial road (Wayne Gretzky Parkway and Lynden Road respectively) and they are adjacent to a Highway 403 interchange. Existing hotels are located directly south of the lands as well as across the Wayne Gretzky Parkway to the west. Permitting hotel uses on the subject lands would complete the existing uses in the area and would contribute to the range and mix of uses located within an existing intensification corridor. While the District Centre Commercial Area designation clearly permits all types of retail uses, the only designations in the Official Plan that expressly permit a retail warehouse use is the New Format Commercial Area designation and the Mixed Industrial Commercial Area designation. The New Format Commercial Area designation was introduced in 2000 and reflects the change in land use trends toward large format retail uses that generally locate outside of District, Community and Neighbourhood Centres or require extensive sites independent of traditional shopping centres. These areas function as auto-oriented destinations, which serve large market areas (Section of the Official Plan). These are the types of uses which provide customers the option of purchasing merchandise in bulk, but yet they still offer the range of goods found in department stores and grocery stores. These uses generally serve a larger market area that is not limited to the geographic limits of one City or municipality. Given the above, in Planning Staff s opinion, the Lynden Park Mall site also fits the criteria for this particular type of use, specifically a retail warehouse. The subject lands are located within one of the four principal areas of the City which

12 June 14, 2016 Page 12 concentrates retail activities serving as a primary regional-scaled draw for the City and surrounding area. (Section of the Official Plan). The mall is an auto-oriented destination type use that draws on a large market area extending well beyond the City of Brantford. It is an expansive property with capacity on site that could potentially accommodate the land requirements for a retail warehouse type use as well as the additional floor area as proposed. Based on the above analysis, Planning Staff are of the opinion that the proposed development conforms to the Official Plan upon approval of the amendment, and that the requested modifications are considered appropriate for the subject lands. 9.0 Zoning Considerations Existing Zoning: District Centre Commercial Exception 2 Zone (C11-2) (the north part of the site, containing the mall) District Centre Commercial Exception 3 Zone (C11-3) (the south east part of the site) and District Centre Commercial Zone (C11) (the south west part of the site) Proposed Zoning: District Centre Commercial Exception XXX Zone (C11-XXX) Attached as Appendix T is a map identifying the zoning in the general area of the subject lands. Although the mall is one property, it is subject to three different zones which have no relationship to any identifiable feature. The lands are also located within a Mixed Use Area as set out on Schedule M : Growth Management Plan Mixed Use Areas of Zoning By-law Mixed use buildings are permitted within this area which is part of the intensification corridor identified on Schedule M, subject to a set of special zoning regulations. The three zones, including the two with special exceptions (C11-2 and C11-3) contain different restrictions relating to the uses permitted as well as different regulations which are somewhat confusing in their application. To illustrate, extracts from Zoning Bylaw are attached as Appendix U. With respect to the portion of the site zoned C11-2, the Zoning Bylaw sets out specific regulations with respect to the yards associated with a shopping centre or an automobile service station. As well minimum and maximum gross floor areas are identified for a shopping centre. The part of the site that is zoned C11-3 is limited in terms of the uses permitted. For example this part of the property only permits an automobile gas bar, service station or car wash, day nurseries, banks, offices (general and medical), personal service stores, place of entertainment / recreation, public halls, restaurants, retail stores, service and repair shops and supermarkets. The introduction of these types of uses is then governed by a very detailed list of site specific regulations

13 June 14, 2016 Page 13 which makes it overly complicated, especially when compared to the C11 and C11-2 Zone regulations that apply to the balance of the lands. The applicant is seeking to amend the Zoning Bylaw by changing the zoning from the three zones currently applying to the lands (C11, C11-2 and C11-3) to District Centre Commercial-Exception XXX Zone (C11-XXX). The lands would be subject to one zone which would clearly identify the uses permitted and set out appropriate regulations applicable to the entire property. The regulations applicable to the lands in the current situation are not consistent across the property. They do not facilitate the expansion, redevelopment and intensification of the Lynden Park Mall as encouraged through the policies in the Official Plan. As well urban design objectives that encourage the creation of a comfortable pedestrian environment, siting buildings close to the adjacent streets etc. are difficult to meet under the current zoning regulations. The applicant has indicated that the purpose of the Zoning Bylaw Amendment is to rezone the entirety of the site by applying one zone category that will achieve the following: Implement the District Centre commercial and Intensification Corridors policy framework of the official Plan; Establish the phasing of the retail gross floor area on the site; Apply consistent development standards across the entirety property; and Facilitate the overall intensification and expansion of the Lynden Park Mall. The applicant proposes to apply a special exception to the lands that would allow for some additional permitted uses, subject to site specific regulations. With respect to the permitted uses, the applicant is proposing that the following uses be permitted in addition to all the uses permitted in the C11 Zone as listed in Appendix U: Apartment dwelling Hotel Retail warehouse Retirement home With respect to the site specific regulations, the following table (Table 1) compares the proposed exceptions with the standard regulations applicable to the C11 Zone as set out in Zoning Bylaw A discussion of the exceptions follows the table.

14 June 14, 2016 Page 14 Table 1 Exception Standard Zoning Bylaw Regulations (C11) Proposed Exception 1 Lot Coverage (maximum) 30% 40% 2 Building Height (maximum).1 Apartment dwelling.2 Retirement home 15.0 m 15.0 m 27.0 m Front Yard (minimum) 30.0 m 3 Rear Yard (minimum).1 Abutting a street.2 Abutting any other lot line 15.0 m 8.0 m All Yards (minimum) 5.0 m Side Yard (minimum).1 Interior.2 Exterior 8.0 m 15.0 m 4 Gross Leasable Floor Area (maximum) 32,950.0 m² Total Gross Floor Area (GFA) (maximum) 136,000 m² 5 Gross Floor Area for Retail Uses (maximum) 6 Parking (minimum) 7 Residential Amenity Space for Apartment Dwellings and Retirement Homes (minimum) 8 Mixed use buildings NA In accordance with Section spaces per 100 m² GFA (shopping centre) 1 space /guest room, + 1 space/4 persons Hotel capacity of restaurant and place of assembly 9 m² / unit (apartment dwellings) No requirement for retirement homes A mixed use building which shall include dwelling units, offices and any use permitted in Section excluding Automobile gas bar. Automobile service stations, and Automobile washing facilities. Gross Floor Area for Retail Uses (maximum) 76,200 m² 4.0 spaces per 100 m² GFA Hotel 3 m²/unit or bed 1 space/suite A mixed use building which shall include dwelling units, offices and any use permitted in Section excluding Automobile gas bar. Automobile service stations, and Automobile washing facilities.

15 June 14, 2016 Page 15 9 Retail uses NA Shall mean a lot and a building or structure, or portion thereof, wherein goods, wares, or merchandise are offered for sale or rent, and shall include, but not be limited to, grocery stores, home furnishing stores, major and junior department stores, neighbourhood convenience stores, pharmacies, retail warehouses, specialty retail stores and supermarkets. 9.1 Discussion of Proposed Exceptions 1. Lot Coverage Lot coverage is defined as the percentage of the total lot area covered by all buildings and structures at grade level. The main purpose for restricting lot coverage is to ensure that buildings and structures do not occupy the entirety of a lot and that there is still area on site to incorporate buffering, landscaping and amenity areas etc. In this particular case, according to the zoning applicable to the lands, part of the site is limited to 30% lot coverage, part is limited to 40% lot coverage and if there was a mixed use building on the property, on its own lot, it could occupy 100% of the lot. Overall, the zoning regulations are not consistent and make it difficult to redevelop the property. Planning Staff are supportive of an increase to 40% lot coverage. It will provide more flexibility and allow for additional uses and an expansion of the mall, all of which can be accommodated on the property. Buffering and landscaping are still required and no reductions in those requirements are proposed. The increase in lot coverage would also be consistent with the regulations that apply to the commercial properties across the road to the north as well as across Wayne Gretzky Parkway to the west. 2. Building Height Currently building height is limited to 15.0 metres. The applicant is proposing to maintain the 15.0 metre height restriction for the majority of the property but is seeking an increase to 27.0 metres for an apartment dwelling or a retirement home only. The height of 27.0 metres equates to approximately 8 storeys. Given the location of these lands in relation to the abutting arterial roads and the highway to the south, as well as the industrial uses to the east and the commercial uses to the north and west, Planning Staff are supportive of an increase in height for these two uses. There are no low or medium density residential uses (ie. single detached dwellings or townhouses) that would be impacted and the lands are in an ideal location that would support a mix of uses and would assist in increasing density on site. 3. Yards The applicant is proposing to reduce all yards to 5 metres, recognizing though that all yards abutting the corridor area associated with the Alexander Graham

16 June 14, 2016 Page 16 Bell Parkway (Hwy. 403) are required to be maintained at a minimum of 15.0 m. Currently the C11 Zone requires interior yards of 8 m, 15.0 m where the yard abuts a street and a minimum front yard of 30 m. The reduction to 5 metres would allow for the placement of new buildings toward the streets. This provides for an increased presence along Wayne Gretzky Parkway, Lynden Road and Woodyatt Drive and can assist in improving the pedestrian environment. Placing the buildings closer to the street will also assist in screening the existing and new surface parking areas and will help to achieve more efficient and intensive development within the subject lands. 4. & 5. Gross Leasable Floor Area & Gross Floor Area for Retail Uses As noted earlier in the Report, the Zoning Bylaw currently limits the gross leasable floor area for retail uses to 32,950 m². The applicant is seeking to amend the Bylaw to permit a total gross floor area (GFA) for all uses of 136,000 m²; of this total, they propose that the gross floor area for retail uses be permitted to expand to 76,200 m². With respect to the total gross floor area for all uses to a maximum of 136,000 m², the applicant has indicated that this number is based on the maximum GFA currently permitted under the three zones applicable to the lands. Planning staff have verified the calculation and are in agreement. With respect to the maximum GFA for retail uses, as per the conclusions of the City s Peer Review and from a market perspective, a phased expansion of Lynden Park Mall up to a maximum of 76,000 m² GFA of retail space is justified on the basis of market demand without severe impact on the planned function of the existing and proposed commercial structure of the City as established by the Official Plan. It is recommended that development controls and caps be specified in the Official Plan and Zoning By-law amendments. The development controls and caps as noted above are discussed further in Section 10.0 of this Report. 6. Parking The applicant is seeking a reduction in the general parking requirements from 5.5 spaces/100 m² GFA for a shopping centre to 4.0 spaces/100 m² GFA as well as a reduction for a hotel. The applicant has completed a parking study that is supportive of the proposed reduction and noted the following: the existing surveyed parking demand is much lower than the requirements of the Zoning Bylaw; the surveyed parking demand is far lower than historic parking demand larger retail centres provide greater opportunities for multi-purpose shopping trips, thereby reducing the need to park at a higher ratio; and

17 June 14, 2016 Page 17 the introduction of non-retail uses such as office and residential uses also lessen the parking requirements as shared parking will play a larger role than predominantly retail centres. Planning Staff are supportive of the proposed change to the parking requirements. This lands are well served by several transit routes and include an on site bus stop in the interior of the site. Also proposed in conjunction with their proposal is a relocation of the bus stop that would potentially accommodate more buses and help strengthen and encourage the use of transit to and from the lands. The inclusion of a greater range and number of uses will also increase the potential for shared parking between some of the uses as proposed. Transportation Staff have also noted that the proposed parking ratio is requiring parking at a higher rate than the current peak for parking on the site. Further upgrades to the onsite transit facilities are also encouraged to help increase use of the transit network. Overall, the parking supply as proposed is considered satisfactory. 7. Residential Amenity Space Currently the Zoning Bylaw has no requirement for amenity space for retirement homes but requires 9 m² /unit of amenity space to be provided for each apartment dwelling unit. Amenity space for mixed use buildings is required to be provided at a ratio of 3 m² /unit. The applicants are seeking to carry forward the latter requirement for mixed use buildings and apply it to an apartment building as well as a retirement home. Planning staff recognize that the introduction of residential uses to this site will contribute to a mix of uses on these lands which is encouraged by the policies in the Official Plan and initially had some concerns regarding a reduction in amenity space for apartments although supportive of requiring amenity space for retirement homes. Amenity space is defined as space within a building or outside of a building which provides common active and/or passive recreation areas for residents of a residential use. It is a positive attribute in any residential development and can assist with developing a sense of community and enhancing the lives of those who live in the building. Given the nature of the existing and proposed land uses, it is likely that any amenity space associated with an apartment dwelling or retirement home at this location would be primarily of an interior nature. A potential apartment building consisting of 85 dwelling units would require the inclusion of 255 m² (2744 ft²) of amenity space which appears reasonable in light of the location of these lands where the real attributes relate to the proximity of any residential use to a wide array of services including retail opportunities as well as medical offices and other services within walking distance.

18 June 14, 2016 Page Mixed Use Buildings The applicant is proposing a slight modification to the description of Mixed Use Buildings as set out in Section of the Zoning Bylaw to clarify that a mixed use building does not have to include both residential and office uses (and other uses as well) to be considered mixed use (as described in Section 8 of Table 1 (pg. 14 of this Report)). The intention of the description in the Bylaw was always to ensure there was both residential uses and other non-residential uses (excluding those that are automotive related) but because of the placement of the word offices it could be interpreted differently. Planning Staff are supportive of this amendment and recommend that Section be amended accordingly so that it would apply to any lands subject to the regulations set out in the C11 Zone. 9. Retail Uses While Zoning Bylaw includes a definition for Retail Store, there is no actual definition for Retail Use. Accordingly, just to provide clarity, the applicants are proposing to include a site specific description of what is intended by retail use as it relates to the cap on gross floor area for retail uses. This is described in Section 9 of Table 1 (pg. 15 of this Report). The proposed definition builds on the existing definition of retail store in the Bylaw and expands it by including permitted uses in the C11 Zone and retail warehouses to ensure the restriction on gross floor area for retail uses is applied in accordance with the proposed Official Plan Amendment and the recommendations of the market analysis. Planning Staff are supportive of this aspect of the application Development Considerations Planning Staff have been in discussions with the applicant for the past year in regard to these applications. The applicant submitted the application in August, 2015 and has explained that they want to position themselves so that they are able to redevelop the site and add some additional uses but under the current policies in the Official Plan and the requirements of the Zoning Bylaw, they are constrained. They have always been clear that the redevelopment of this property will in all likelihood be phased and developed in stages. While the City s Peer Review consultant has advised that a phased expansion of the retail space on the site, up to a maximum 76,200 m² GFA is justified, there are several technical issues which must be resolved if the entirety of the site is to redevelop as per the site plan attached as Appendices B and C. The results of the Peer Review and a discussion of the technical issues and the outcome from the Ward Meeting are outlined below:

19 June 14, 2016 Page 19 Market Analysis and Peer Review As noted in Section 8.0 of this Report, the applicant submitted the required Retail Market Demand and Impact Analysis prepared by Tate Economic Research Inc. (TER) in support of the application. This field of study is very specialized so the City retained Malone Given Parsons Ltd. (MGP) to conduct an independent Peer Review with the Executive Summary attached as Appendix S. Both the report prepared by TER and the Peer Review by MGP are supportive of an expansion of additional floor space and new uses on the subject lands. The Peer Review by MGP makes it clear though that to protect the existing and planned commercial areas and commercial structure of the City, the expansion needs to be carefully controlled if the applications are approved. MGP recommends that the following be addressed in the implementing amendments to the Official Plan and Zoning Bylaw: A total maximum of 76,200 m² (820,000 ft²) gross floor area (GFA) (or 68,400 m² (736,700 ft²)) gross leasable area (GLA) of retail uses. A maximum of 18,580 m² (200,000 ft²) GLA of other non-food oriented retail (Other NFOR) space with a first full year of operation not before (Other NFOR space is defined as non-food store retail space excluding department stores, warehouse membership clubs, and building and outdoor home supply stores, home and auto supplies and automotive stores.) An additional 3,902 m² (42,000 ft²) for a total maximum of 22,480 m² (242,000 ft²) GLA of Other NFOR space with a first full year of operation not before A maximum of 13,005 m² (140,000 ft²) GLA of warehouse membership club space with a first full year of operation not before Any proposed increase in these maximums beyond a minor increase, requiring a further amendment to the Zoning Bylaw, should be subject to the findings of a market impact study. Considering the TER Report does not address any additional supermarket, grocery store, department store or home improvement store space at the mall, these uses should not be permitted within the expansion area. Permission for such uses should be subject to the findings of a market impact study. (Note, this refers to an expansion or additional floor space for these specific uses, beyond the current floor area, not the location of the uses on the subject lands). The applicants had originally proposed some phasing of the retail floor space and it is Staff s understanding that they do not object to the phasing and restrictions recommended by the City s Peer Review Consultant. Stormwater Management and Services As with any development application, stormwater management and water and sanitary services need to be addressed. In this particular case, to accommodate

20 June 14, 2016 Page 20 the expansion of the existing mall and the introduction of new buildings on the west and south side a couple of issues have been identified. At the present time, there is a large servicing easement that extends across the site from approximately the end of Roy Boulevard to the westerly lot line. The servicing easement contains water and sanitary services. Any expansion of the existing mall toward the easement area will require the relocation of those services to the cost of the developer. This would be addressed through either a separate agreement with the City or through the site plan process as the site builds out. With respect to stormwater management, to accommodate the new buildings, particularly the buildings proposed along the west and south part of the site, the applicant is proposing to enclose the large drainage channel that extends along the west side of the property and curves to the south where it exits toward the south east part of the property. A Photo of the drainage channel is attached as Appendix F. City Engineering and the Grand River Conservation Authority (GRCA) are not in support of enclosing the drainage channel at this time. The GRCA has commented that the channel provides some quality control and infiltration for upstream areas in a system that experiences notable downstream erosion and flooding issues and there are concerns that enclosure of the system will lead to additional impacts downstream. Engineering has also echoed the comments of GRCA and indicated that the channel reduces velocity of the flow of the water and helps with thermal control. It also allows for access for maintenance purposes. The applicant understands these concerns and has been exploring various options including securing an off site location for stormwater management. As well, the enclosure of the drainage channel is not required for some aspects of the redevelopment of the subject lands. For example an addition to the north side of the mall or new uses on the east side of the building would not require the enclosure of the channel. While GRCA initially recommended deferral of the applications, upon further discussions with the applicant, GRCA and Engineering, there is now general agreement that this can be reviewed further through the site plan control process as each phase of development moves forward. Transportation / Traffic As noted in Section 5.0 of this Report, the applicant also submitted a detailed Transportation Impact Study (TIS) in support of the application. The TIS was reviewed by both the City Transportation Staff and the Ministry of Transportation (MTO) (refer to Appendices J-2 and L). Both the City and Ministry staff do not support one of the key design elements proposed by the applicant; a new right in turn off Wayne Gretzky Parkway that would be sited between the 403 interchange and the existing entrance across from Edmondson Street. Wayne Gretzky Parkway is classified in the Official Plan as a Major Arterial Road with controlled access. The Transportation Master Plan indicates that the only new access to the Wayne Gretzky Parkway should be via new municipal road

21 June 14, 2016 Page 21 connections, where these connections can be shown to improve the operation of existing intersections. Engineering has also commented that the analysis provided in the TIS does not demonstrate that the new right in is critical and there would be a limited benefit if the proposed access is ever permitted. City Transportation Staff also had other comments relating to proposed changes internal to the site as well as the proposed turnaround at the end of Roy Boulevard but it was also confirmed that this could be addressed through the site plan review process as the site develops in stages. The Ministry of Transportation also referenced the approval of an Environmental Assessment (EA) study to develop a strategy to address the long-term transportation problems and opportunities between Brantford and Cambridge. The Hwy. 403 and Wayne Gretzky interchange is within the study area and it will be considered in the event that further improvements will help to address those long-term issues. MTO also raised the issue of the recent boundary discussions and agreement on the part of Brant County to transfer land to the City; the majority of which is located to the north of Powerline Road where Wayne Gretzky Parkway terminates. The City s Transportation Master Plan also identifies a future link to the north through the lands to the north, eventually connecting into Hwy. 24. MTO has indicated that in light of the emphasis placed on the future of the Wayne Gretzky corridor, the existing interchange might not be sufficient for future needs and the planning and implementation of a preferred design should not be constrained by adjacent land-use planning than what already exists. The right-in only access will not be supported by this office. The applicant has indicated that they will continue to try to seek permission for a new right-in turn off Wayne Gretzky Parkway but it is not something that will prevent the majority of the proposed development from proceeding. Accordingly, they will work toward obtaining a different opinion from both City Staff and the Ministry of Transportation but in the interim, they would like their application to move forward. The development applications are not contingent on the provision of a new driveway access off Wayne Gretzky Parkway Transit Currently the subject lands are served by a bus stop internal to the site, located on the east side of the mall. While Transit Services initially did not comment on the technical circulation, they did indicate to Planning Staff that they would like to see service improvements to the site, ideally through an expansion and reconfiguration of the bus stop. This particular issue does not affect the proposed amendment to the Zoning Bylaw or Official Plan as it can be addressed at any time between Transit Services and the owner of the subject lands. Natural Heritage Features As noted in Section 5.1 of this Report, there is a an open channel containing a watercourse extending around the part of the site as well as a wetland located in

22 June 14, 2016 Page 22 the south part of the subject lands with photos attached as Appendix F. The applicants prepared an Environmental Impact Study (EIS) that examined these features and have continued to respond to questions from the GRCA. The EIS commented that the realigned warm water watercourse through part of the property is highly disturbed, lacks storm water management controls and provides little in terms of fish habitat, particularly the portion along the west side. The wetland is described as an anthropogenic wetland which means created as a result of human activities. It does provide nesting habitat for common birds but has little importance for amphibians or other wildlife, is not connected to natural features and is not associated with groundwater discharge or recharge functions. Also noted was a cultural meadow which is regularly mowed for property maintenance purposes but where Eastern Meadowlark, a Threatened Species was observed. Recommendations identified in the EIS include compliance with GRCA regulations, the federal Fisheries Act and Provincial Endangered Species Act, all of which will require measures implemented to offset impacts. This includes habitat enhancement and compensation provided within the subwatershed along with stormwater management controls, critical to improving habitat conditions of Fairchild Creek. A vegetative buffer will be maintained and enhanced within a 15 metre setback from the development to the Tributary to Fairchild Creek and there will be further consultation with the Ministry of Natural Resources and Forestry (MNRF) in regard to the Eastern Meadowlark habitat. The report concludes that while the development plan will require the removal and enclosure of some natural heritage features on the site, the overall function of those features can be improved with appropriate design of habitat compensation and integration of stormwater management. As indicated above, the applicant continues to respond to the direction of the GRCA and has most recently provided additional information confirming discussions held with MNRF and confirming the results of the geotechnical investigation confirming that the soils beneath the wetland do not support infiltration or a recharge function. The wetland is isolated from groundwater and the Ministry has confirmed that the wetland does not meet the distance criteria to be added to an existing Provincially Significant Wetland complex and also noted was the disturbed nature of the area. The GRCA has confirmed that any remaining issues can be addressed through the site plan review process as development moves forward in stages. Ward Meeting and Letter Regarding Future Residential Use The Ward Meeting was well attended with 17 members from the public as well as several Members of Council. Overall, the tone of the meeting was very positive. Most of the discussion related to questions of clarification, the timing of the development and the nature of the improvements to the mall as well as traffic improvements (both internal and external). There seemed to be solid support to

23 June 14, 2016 Page 23 see improvements at the site and no negative comments were expressed by those in attendance. While those present at the Ward Meeting seemed generally in favour of improvements to the Lynden Mall property, a letter was received in advance of the meeting from the Owner of an industrial property located south east of the subject lands (Appendix M-1). The Owner is generally in favour of the development but advises caution in relation to the placement of the proposed residential building on the east side of the mall property. The author of the letter, reports that their business, Slacan Industries is a forging operation that employs 165 employees. Part of their manufacturing process requires a stamping operation that generates noise that is audible during the summer months when they have to open the doors due to the heat produced during their procedures. They note that there have been complaints expressed by residents at the corner of Fairview Drive and West Street. Planning staff agree that the introduction of a residential use in close proximity to industrial operations is somewhat problematic. To ensure that compatibility issues are addressed, it is recommended that a noise, vibration and odour study be conducted and that an assessment be provided to confirm that any new residential use is in compliance with the Ministry of Environment D6 Guidelines prior to the introduction of any residential use on site. The applicant has indicated that there is some flexibility in terms of the location of the various new proposed uses on the site and there may be an alternative location where an apartment building or mixed use building could be located, once the necessary studies have been completed. Summary From the outset, Planning Staff have been supportive of this proposal provided it could be justified from a marketing perspective and that the technical issues could be addressed. In terms of the market analysis, an expansion of the floor area for retail uses as well as the introduction of new uses to the property is justified provided there are careful controls applied through the amendments to ensure the new retail floor space is introduced in such a way that it does not negatively impact the existing and proposed commercial structure of the City as set out in the Official Plan. With respect to the technical issues, while ideally staff and the applicant would have preferred that all issues be addressed in their entirety, it is not possible and in this case, it is not necessary at this stage of the proposal. The applicant has indicated that the redevelopment of the lands will be phased in gradually and there are some parts of the site that can accommodate an expansion to the mall, as well as some new buildings without requiring a resolution to the closure of the watercourse, without affecting the remaining natural heritage features, and

24 June 14, 2016 Page 24 without requiring the relocation of the existing services or the inclusion of a new right-in turn lane from Wayne Gretzky Parkway. City Engineering Staff as well as the GRCA have confirmed that any outstanding matters can be properly addressed through the site plan review process. Planning Staff are supportive of the proposed amendments to the Official Plan and Zoning Bylaw. These lands are located within one of the primary focus areas for retail activities as set out in the Official Plan. The lands are also within an intensification corridor where the focus is for an increase in residential and employment densities as well as a broader mix of uses. This property provides services and retail opportunities to both the residents of the City as well as beyond and the lands are underdeveloped with the mall and outbuildings occupying approximately 14% of the site. With respect to the proposed amendment to the Zoning Bylaw, Planning Staff are in agreement that the current application of three different variations of the C11 Zone are unnecessarily confusing and do not allow for opportunity to redevelop the lands in a comprehensive manner and in accordance with the direction for development or redevelopment of lands within an intensification corridor. Planning Staff support the exceptions as proposed but in light of the remaining technical matters, Planning Staff recommend that the amending Bylaw include the application of a Holding (H) provision over the entire parcel to be removed in whole or in part as new development proceeds. This will assist in controlling the timing of the new floor space and will allow for some redevelopment of the site to proceed in those areas which are not affected by the issues relating to enclosure of the drain, relocation of the services, etc. The introduction of any new residential use would also require the completion of a noise, vibration and odour study and an assessment to ensure compliance with the D6 Guidelines prior to the removal of the Holding to facilitate any new residential use on site. The Holding would not be removed until such time as the owner of the lands has entered into a site plan agreement addressing all municipal requirements as well as the requirements of the Grand River Conservation Authority and any other agencies such as the Ministry of Transportation if applicable. However, this would not preclude the owner of the lands from proceeding at any time with some relatively modest improvements to the site which would not warrant site plan control. This includes improvements such as alterations to the entrances and other minor additions provided they did not increase the gross floor area or gross leasable area by 10% or more and provided they did not generate the need for additional parking, or require the alteration of the existing parking areas or loading spaces (as per Bylaw , as amended Site Plan Control).

25 June 14, 2016 Page FINANCIAL IMPLICATIONS There are no direct Municipal financial implications respecting this application CONCLUSION In Planning Staff s opinion, the proposed redevelopment of these lands to allow for an expansion of the mall and the addition of new buildings and new uses conforms to the objectives and intent of the City s Official Plan, The Provincial Policy Statement and Places to Grow legislation. This property together with the retail uses in the general vicinity of this property are considered a primary regional-scale focus for retail activities serving the City and surrounding area. The lands are also located within an Intensification Corridor where increased densities are encouraged along with a mix of uses. The proposal represents an opportunity that is supportive of transit and considered compatible with surrounding land uses and will allow for further intensification, taking advantage of existing infrastructure and transit, which is encouraged by provincial planning policies as well as the land use policies for the City of Brantford. The proposed amendment to Zoning Bylaw will facilitate the development of the lands by introducing new uses, allowing for a controlled expansion of floor area and applying special regulations that will provide some flexibility in the siting of the development. These new regulations are considered reasonable and will help to ensure that the built form of the development is reflective of the direction established in the city s Urban Design Guidelines for Intensification. Site plan control will apply to address access, grading and drainage, natural heritage issues, servicing, parking, internal movement on the site, both vehicular and pedestrian as well as landscaping, lighting and buffering etc. A Holding (H) provision is to be applied, to be removed only upon satisfying all requirements of the City and GRCA have been addressed as well as any other relevant agencies. The removal of the H will also be controlled to ensure that the redevelopment of the site, including the introduction of new floor area will be in accordance with the recommendations of the City s Peer Review. Based on the above considerations, Planning Staff is of the opinion that the applications are appropriate, and represent good planning, subject to the conditions of approval that form part of the recommendation. Lucy Hives, MCIP, RPP Manager, Current Planning Community Development Paul Moore, MCIP, RPP General Manager Community Development

26 June 14, 2016 Page 26 In adopting this report, is a by-law or agreement required? If so, it should be referenced in the recommendation section. By-law required [ X] yes [ ] no Agreement(s) or other documents to be signed by Mayor and/or City Clerk [ ] yes [ X ] no Is the necessary by-law or agreement being sent concurrently to Council? [X ] yes [ ] no

27 June 14, 2016 Page 27 APPENDIX A Location Map

28 June 14, 2016 Page 28 APPENDIX B Proposed Site Plan (Black and White)

29 June 14, 2016 Page 29 APPENDIX C Proposed Site Plan (Colour)

30 June 14, 2016 Page 30 APPENDIX D Aerial Photograph

31 June 14, 2016 Page 31 APPENDIX E Existing Land Use

32 June 14, 2016 Page 32 APPENDIX F Photographs of the site Photo taken from the north west corner toward the mall Photo taken from the south west corner toward the mall

33 June 14, 2016 Page 33 Photo taken from the east side toward the mall and internal bus stop Photo taken from the north east corner toward the mall

34 June 14, 2016 Page 34 Photo of the drainage ditch and watercourse located along the west side of the subject lands toward the south Photos of the wetland area south of the mall toward Highway 403

35 June 14, 2016 Page 35 APPENDIX G Elevations Mall Renovations

36 June 14, 2016 Page 36 APPENDIX H Elevations Concepts for New Buildings

37 June 14, 2016 Page 37 Department / Agency Comment APPENDIX I Agency Comments Building Department Economic Development & Tourism Engineering Department Fire Department Parks and Recreation Brantford Police Service Brantford Power B.I.A. Board of Management Bell Canada Brant Haldimand Norfolk Catholic District School Board Canada Post Fire Department access route and hydrants to be indicated. Development charges will be applicable to any new development. Building permit applications are subject to Site Plan Control. The Department supports the application and proposed uses. Would recommend to the applicant that consideration be given to relocate mixed use residential building containing 85 dwelling units on the east side of the site near Woodyatt Drive to a higher profile location closer to Wayne Gretzky Parkway on Lynden Road. Consideration should alsobe given to create a walkway / bike path along the watercourse adjacent to the WGPY from Lynden Road, terminating at the Visitor & Tourism Centre Refer to Appendix J-1 & J-2 (Traffic) No comments. Any concerns regarding the site plan will be addressed during the site plan control process. No comment received. One of the foundation principles of CPTED (Crime Prevention Through Environmental Design) is designation of space. We have some reservations about the wisdom of an 85 unit residential component in the suggested location of the space. In the surrounding area, the nearest residential area is almost 700 m to the east, 700 m to the north west and 900 m to the west. This will really contribute to a sense of isolation for those living there. Given that the visual surroundings (commercial and industrial) aren t much to look at, it would seem to limit those that want to live there. Perhaps this aspect would be better placed along the 403 side near the ramps, or as a secondary hotel site. No comment received. No comment received No comment received. No comment received. No objections. (Their response including Canada Post s policies regarding renovations to buildings and multiunit buildings was provided to the applicant under separate cover). No comment received. Grand-Erie District School Board Grand River Refer to Appendix K Conservation Authority Ministry of Municipal No comment received Affairs & Housing Ministry of Refer to Appendix L Transportation Municipal Property No issues Assessment Corp. Roger s Cable TV No comment received. Union Gas Limited No comment received. Agencies are advised at the time of circulation for comment that they are considered as having no objection to an application if they do not reply within the time limit provided. If additional time is required in which to comment they are to contact planning staff.

38 June 14, 2016 Page 38 With regard to this circulation, no one requested additional time in which to provide comments.

39 June 14, 2016 Page 39 APPENDIX J-1 Engineering Department Comments

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42 June 14, 2016 Page 42 APPENDIX J-2 Engineering Department (Traffic) Comments May 18, 2016 Comments: TIS 1. Upon review of the simtraffic analysis provided, transportation staff are satisfied that internal queue lengths should not impact the operation Lynden Road assuming proper driver behaviour, however we support the recommendation that operational monitoring be undertaken to identify any potential issues. Parking Study 1. We recognize that the proposed parking will result in a rate per 100m 2 higher than the current peak utilization of the site as per parking survey analysis provided. 2. We recognize and further encourage upgrades to on site transit facilities and also encourage further efforts in increasing active transportation trips to the site. 3. Based on the above comments, parking supply being proposed is deemed satisfactory by transportation staff. May 10, 2016 Comments I have reviewed the responses to our previous comments and have the below follow-up comments. The consultants response does not address the proposed right-in driveway from Wayne Gretzky Parkway. Provided their response to comment #2 is satisfactory, there are no other major areas of concern from a traffic perspective at this time. 1. At the first internal intersection east of Wayne Gretzky Edmondson St, the City supports the recommendation that operational monitoring be undertaken to identify any potential issues. 2. At the first internal intersection south of the intersection of Lynden Road at Driveway A, the City had previous concerns that the southbound queue may impact Lynden Road. Through the analysis provided, it cannot be determined whether or not this is the case. Please provide the Synchro files used in your analysis or queue estimates using Simtraffic. March 18, 2015 Comments: 1. The analysis with and without the proposed right-in movement from Wayne Gretzky Parkway (WGP) demonstrated it is not a critical movement and there would be a limited benefit if the proposed access is ever permitted. Through a discussion with the City s Transit department, it was determined the proposed right-in driveway would also have a limited benefit for transit vehicles even if dedicated for such purposes only. Given WGP is a controlled access road, the City will not be supporting the proposed right-in site access from WGP. Please note other transit related comments will be provided separately by the City s Transit department. 2. At the intersection of Edmondson St, the westbound left turn 95 th queue length exceeds the 35m proposed until the first internal intersection regardless of suggested adjustments made to the lane configuration. 3. First internal intersection east of the intersection of Edmondson St: a. There is a potential concern with the eastbound transition from 2 lanes to 1 lane causing a back-up as drivers squeeze into the left lane in order to proceed straight.

43 June 14, 2016 Page 43 b. Vehicles queued for westbound left turn at Edmondson St intersection are expected to interfere with the operation of this intersection based on the proposed design of the site in this area, as discussed in comment #2. c. Based on the above, further analysis of the operation of this intersection will be required. Please also provide the analysis of this location mentioned in Section 8.1 of the report. 4. Wayne Gretzky Morton Ave: a. In section 4.5, the recommendation is made that the dual southbound left turn is not needed and the approach should be reconfigured to have one left turn lane in order to alleviate the poor level of service (LOS) experienced by the other movements at this approach. This should be supported by further analysis, as section 4.4 indicates that no changes are required based on 2020 Background traffic conditions. b. The queue length for the southbound left turn movement exceeds the distance to the upstream intersection. c. Site traffic adds an additional delay to the eastbound left turn movement in the 2020 pm peak, which totals over 2 minutes of delay for vehicles making this movement. This amount of delay should be addressed in the TIS. d. In the 2025 pm peak total site traffic analysis, the volume of eastbound left turns increases while the delay for this movement diminishes. This result should be explained. 5. At the intersection of Lynden Driveway A, 2025 Total Saturday conditions predict a northbound left turn queue that will exceed the available storage before the first internal intersection. There may be an issue with this queue interfering with the operation of the first internal intersection. Please demonstrate that there will be no negative impact to Lynden Rd with respect to the southbound queueing at this first internal intersection. 6. At the intersection of Wayne Gretzky Pkwy and Edmondson St, the Saturday eastbound left turn LOS changes from E in 2020 Background to C in 2020 Total. Figures 9 and 10 of the report show there is an increase in vehicles making this movement. Please clarify that this result is correct. 7. The provided turning movement count (TMC) for the intersection of Hwy 403 eastbound off ramp has illegible volumes and may show inconsistencies with current site conditions with regards to the number of approaches. Please confirm method of determining the volumes used in the synchro analysis for this location. 8. The following comments are noted but are recognized as not being critical: a. Driveway B exit lane onto Lynden Road is marked as one lane and is treated as such in the report, however it is wide enough that it is likely being treated by drivers as one combined left turn and through lane and one right turn lane. b. At the Intersection of Lynden Road at driveway B, the eastbound movement is missing a through lane in Figure 2, however the synchro analysis shows the correct lane configuration.

44 June 14, 2016 Page 44 APPENDIX K Comments from GRCA

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50 June 14, 2016 Page 50 APPENDIX L Comments from MTO

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53 June 14, 2016 Page 53

54 June 14, 2016 Page 54 APPENDIX M Notification / Circulation Area

55 June 14, 2016 Page 55 APPENDIX M-1 Letter of Concern

56 June 14, 2016 Page 56 APPENDIX N Ward Meeting Notes

57 June 14, 2016 Page 57

58 June 14, 2016 Page 58

59 June 14, 2016 Page 59

60 June 14, 2016 Page 60 APPENDIX O Letter from Six Nations

61 June 14, 2016 Page 61

62 June 14, 2016 Page 62 APPENDIX P Official Plan Land Use

63 June 14, 2016 Page 63 APPENDIX Q Official Plan Extract Schedule 1-2