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Report

Planning, Design andDevelopment CommitteeCommittee of the Council of

The Corporation of the City of Brampton

Date: August 18, 2011PLANNING, DESIGN &DEVELOPMENT COMMITTEE

Files: C02E11.020, C02E12.014, C02E12.015DAT •

Subject: RECOMMENDATION REPORTDirection to attend the OMB to provide evidence in support ofApplications for Amendments to the Zoning By-law within theHeart Lake Area 4-1 Block Plan

Andrin (Heart Lake) Properties Limited,2077060 Ontario Inc. (Saberwood Homes), andLindvest Properties (Heart Lake) Limited)(Andrin and Saberwood - to permit townhousesLindvest - to permit 6 storey apartments)East and West of Heart Lake Road, north of Bovaird Drive EastWard: 2

Contact: Paul Snape, Manager, Planning Design and Development Department

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Overview

• This report provides an up-date on the ongoing process for the approval of thedevelopment proposals in Heart Lake Area 4-1 Block Plan and seeks direction forstaff to attend the Ontario Municipal Board (OMB) and give evidence in support ofthe implementing zoning by-laws.

• The Official Plan Amendment for the Heart Lake Area 4-1 Block Plan (OPA 2006-058)is adopted by Council and final Block Plan approval will occur following thesubmission and approval of the supporting technical studies. The developers inthe Block Plan are working towards completing these documents. There are twoappeals to OPA 2006-058 (one concerning clarification of density and the other todeal with cost sharing for the use of the Dixie/Bovaird SWM pond). These appealsare expected to be withdrawn or settled.

• To implement the individual development proposals, an amendment to the ZoningBy-law is required. Site Plan Approval will be required prior to construction and theCity staff will ensure the plans are consistent with site and design aspectsenvisioned by the approved Block Plan and associated Official Plan policies.

• The developers still have their original appeals before the Ontario Municipal Boardand hearing time is scheduled, starting September 26, 2011. The developers are notdisputing the Block Plan process or OPA 2006-058 in principle but since the OMBtime is available they are proceeding to the OMB to receive final approval of theimplementing zoning by-laws.

fx~:Recommendations:

1. THAT the report from Paul Snape, Manager, Planning Design and DevelopmentDepartment, entitled "RECOMMENDATION REPORT", dated August 18, 2011,to the Planning, Design and Development Committee Meeting of September 7,2011 re: Direction to attend the OMB to provide evidence in support ofApplications for Amendments to the Zoning By-law within the Heart Lake Area 4-1 Block Plan, Andrin (Heart Lake) Properties Limited, 2077060 Ontario Inc.(Saberwood Homes), and Lindvest Properties (Heart Lake) Limited), Ward:2, File: C02E11.021 be received; and,

2. THAT staff be directed to attend the Ontario Municipal Board hearing andprovide planning evidence, including:

a) support of zoning by-law amendments to permit the developments inconformity with the approved Heart Lake Area 4-1 Block Plan and associatedOfficial Plan policies, generally in accordance with the following:

(i) For Andrin (file: C02E11.020): zoning to permit street and block(condominium) townhouses with an overall maximum of 122 units;

(ii) For Saberwood (file: C02E12.014): zoning to permit street and block(condominium) townhouses with an overall maximum of 356 units;

(iii) For Lindvest (file: C02E12.015): zoning to permit apartment dwellinguses at a maximum height of 6 storeys, an overall Floor Space Index of2.0 and a maximum of 500 units.

(iv) appropriate zoning standards for all developments consistent with theapproved Community Design Guidelines, including provision for privateopen space areas within the condominium townhouse blocks, provisionfor adequate parking, minimum landscaping, minimum unit widths andminimum setbacks.

b) to ensure that the OMB order allowing the amending zoning by-laws iswithheld until the approval of the final Block Plan and supporting studies;

c) to ensure an appropriate condition is applied for cap allocation (Note: Andrinreceived allocation and an additional 500 units are allocated for the BlockPlan area for 2011);

d) to ensure that the developers are in good standing with respect to costsharing for the use of the Dixie and Bovaird Storm Water Management Pondin the Sandringham-Wellington Secondary Plan; and

e) to ensure that the OMB allowing the amending zoning by-laws is withhelduntil satisfactory arrangements are made with respect to parkland dedication,in accordance with City policy.

INTRODUCTION ?%-$

The lands located north of Bovaird Drive east and west of the re-aligned portion of HeartLake Road (see Figure 1) are designated "Residential" in the Official Plan and identifiedas Block Plan Area 4-1. Beginning with the submission of development applicationswithin the Block Plan area, the holding of statutory public meetings, the Block Planapproval process has proceeded over the past year and a half, culminating in theapproval of the Official Plan Amendment (OP 2006 - 058) by City Council on July 13,2011. The Official Plan Amendment has created the necessary Block Plan policies inPart III of the Official Plan and land use policies in the Secondary Plan.

The three developers on the west side of Heart Lake Road (Andrin, Saberwood andLindvest) still have appeals before the OMB and are proceeding to the scheduledhearing time in late September 2011 to obtain approval of their individual amendingzoning by-laws.

Planning and Legal staff will attend the hearing and provide planning opinion in supportof OPA 2006-058 and the approval of the amending by-laws and to ensure theappropriate conditions are applied.

BACKGROUND

Original Development Proposals

The original development applications for Andrin, Saberwood and Lindvest that werepresented at the public meeting on April 7, 2010, proposed the following:

Andrin-133 units

Saberwood - 498 units

Lindvest - 846 units

Together with the potential for dwelling units on the east side of Heart Lake Road on theJordon and Senator lands (approximately 240 units), the total number of dwelling unitsproposed and planned was 1,717.

Revised Proposals Conforming to Block Plan Amendment

Now that the Official Plan/Block Plan Amendment is approved and the land usedesignations established, the developers have revised their proposals as follows:

Andrin-122 unitsSaberwood - 356 units

Lindvest - max. of 500 units

Although there is no appeal to the OMB for the Jordon lands on the east side of HeartLake Road, a development application has been submitted. It has the potential for

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Drawn By: MADate: 2011 08 18

AIR PHOTO OF HEART LAKE AREA 4-1 BLOCK PLAN AND

SURROUNDING LANDS

FIGURE 1 File: BP4-1 001 AIRPHOTOMAP

approximately 160 units. The development application submitted for the Jordonproperty is being processed and will proceed to a public meeting early in the Fall of2011. The application, as submitted, conforms to theadopted Official Plan and BlockPlan policies. The Jordon application can be processed expeditiously because there isno overriding land use and density conflict.

There is no proposal submitted for the small Senatorparcel and the number of units itcould yield is limited.

The total number of units now being proposed and planned following the Block Planprocess is 1,158. Acomposite plan showing the revised proposed developments isshown on Figure 2.

There are now approximately 560 fewer dwelling units proposed and public roads areproposed within the Block Plan where there were no public roads proposed originally.The revised proposals together result in a well planned and integrated communitystructure with appropriate public connection provided throughout.

CURRENT SITUATION

OMB September 2011

The developers on the west side of Heart Lake Road (Andrin, Saberwood and Lindvest)are now proceeding to the OMB to seek approval of their amending zoning by-laws fortheir revised proposals. These developers have proper appeals before the Board andare within their rights to have these appeals heard. Public notice for the Board'sproceedings has been given in the past and the need for further public notice has beendecided upon by the previous Board orders from the several pre-hearings held. Nofurther public notice is required.

Two Appeals to OPA 2006-058

There are two appeals to OPA 2006-058. One is from Saberwood because of theirconcern about the density limit in the OPA. The Saberwood proposal now shows a mixof street and condominium townhouses and 2 public roads. In addition, Saberwood ismaking provision for a future walkway connection to the south end of White SprucePark. The density proposed is slightly over the maximum set out in OPA 2006-058 butit is within the flexibility range that is allowed by the Official Plan. Staff has no objectionto the Saberwood's current plan.

The other appeal is about the request for cost sharing for the proposed use of theDixie/Bovaird storm water management pond. The developers within the Heart BlockPlan have acknowledged the request. Planning Staff will advise the Board of this issueand recommend that appropriate arrangements be made prior to the release of theBoard's order.

SABERWOOD353 TOWNHOUSES

B BRAMPTONbramplon.ca FlOWerCtyPLANNING, DESIGN ANDDEVELOPMENT

Date: 2011 08 18 Drawn By: MA

WHITE SPRUCE PARK Pz-6 LINDVEST APARTMENTS - MAX 6STOREYS- 2.0 FSI

- APPROX 400-500 UNITS

SENATORNO APPLICATION

SUBMITTED

JORDONAPPROX 158 TOWNHOUSES

(APPLICATION SUBMITTED BUT NOTSUBJECT TO APPEAL TO OMB)

PROPOSED DEVELOPMENTS WITHIN THE BLOCK PLAN

FIGURE 2 FILE: FIG 2 BP4 1 PROP DEV.DGN

P*-7Conditions of Approval

The revised proposals of Andrin, Saberwood and Lindvest conform to the recentlyadopted Official Plan amendment. Planning staff see no issue with these developersproceeding to the OMB for their individual approvals however there are a number ofmatters, discussed below, that should be made clear to the OMB to ensure thedevelopments are properly implemented and the City's interests protected.

Final Block Plan Approval First

The adopted Official Plan/Block Plan amendment requires that final Block Planapproval is obtained before amending zoning by-laws are approved. To get finalBlock Plan approval, the supporting technical studies dealing with communitydesign, servicing and environmental impact shall be submitted to the City andapproved. The environmental impact study must also address ground water. Inaddition, environmental and geotechnical assessments of the soils will be required.(Note: Andrin has received the appropriate clearance for the environmentalassessment of soils). Any requirements of these studies must be addressed andthese will be managed by staff and additional conditions will be recommended to theOMB if required.

The completion of the supporting studies will ensure the developments provide thenecessary protection for the abutting environmentally sensitive lands (the wetlandsand wooded areas), that the type of storm water management is appropriate andthat the overall community is well designed and cohesive.

Noise studies will be required for the individual developments and will be requiredthrough the site plan approval process.

A vegetation assessment is required for the Lindvest site because it abuts avegetated area of White Spruce Park to the north. The limit of development must beestablished so that the tree line is properly maintained and protected.

The developers are working to put together an abridged phasing and sequencingplan. Due to the small size of this Block Plan area and to the few number oflandowners/developers within the area, there is little that is required with respect tothe sequence in which the developments proceed relative to the delivery of services.

There are no cost sharing requirements internal to the Block Plan identified to-dateamongst the developers for the provisions of services, including roads. It appearsthat the developers have worked out an equitable way to deal with possible sharedcosts. There are no impediments or risks to the City identified if a cost sharingagreement is not used for this Block Plan.

PWSanitary Sewer Capacity

The developments within the Block Plan are proposing to connect to an existingsanitary sewer that was constructed in conjunction with the Senator development tothe east. An "oversized" pipe was constructed in anticipation of the futuredevelopments within the Block Plan. There is however a limit to the capacity of thesanitary sewer. The control to not exceed the capacity will be through the zoning bylaw with the establishment of maximum numbers of permitted units. The proposedand planned number of units resulting from the revised plans (1,158 units) willadequately ensure that the capacity for the sewer is not exceeded. The Region willrequire a servicing report that demonstrates that the proposed development will notexceed the capacity of the Region's sanitary service.

Cost Sharing for the Dixie/Bovaird SWM Pond

The storm water from this Block Plan area is proposed to flow, in part, to the existingstorm water management pond at Bovaird Drive and Dixie Road. This pond wasconstructed by developers in the Sandringham-Wellington Secondary Plan area andthe Trustee for the cost sharing agreement for Sandringham-Wellington isrequesting financial contributions for the use of the pond. As noted, this matter willbe presented to OMB, if still at issue, and an appropriate condition recommended forsuitable arrangements to be made for the requested costs.

Parkland Dedication

Parkland dedication is required to be paid at the time of building permit issuance forthe proposed developments within the Block Plan. However, the Saberwoodproposal includes the dedication of land for part of the required parkland dedicationand this dedication should occur prior to site plan approval. Staff will recommendthat an agreement with the City is entered into for the dedication of the parklandprior to the Board's issuance of an order approving the amending zoning by-law.

Cap Allocation

Allocation for dwelling units is required prior to the approval of implementing zoningby-laws. To-date Andrin has received allocation and an additional 500 units hasbeen allocated for the Block Plan area for 2011. Staff will recommend that the

appropriate condition of approval with respect to allocation is applied.

Site Plan Approval

Site Plan Approval is required for all the developments proposed. When the originalapplications were submitted for Andrin, Saberwood and Lindvest, public roads within thedevelopments were not proposed. The developers therefore did not submit plan ofsubdivision applications. The segments of local roads now planned within thesedevelopments can be dedicated to the City through the site plan approval process.

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The site plan approval process will also be the process through which adherence to thecommunity design guidelines are met as well as and detailed functional servicing, noiseattenuation and landscaping requirements. The provision for private amenity areaswithin the proposed condominium townhouses blocks will also be required through theSite Plan Approval process.

Respectfully submitted:

Dan Kraszewski, MCIP, RPPDirector, Land Development Services

John BAyorbett, MCIP, RPPCommissioner, Planning, Design andDevelopment