( THE CORPORATION OF THE CITY OF BRAMPTON BY-LAW

( THE CORPORATON OF THE CTY OF BRAMPTON BY-LAW Number 9_0_-_9_1 To amend By-law 139-84 (part of Lots 13 and 14, Concession 1, W.H.S., geographic Township of Toronto) The council of The corporation of the City of Brampton ENACTS as follows: 1. By-law 139-84, as amended, is hereby further amended: (1) by changing, on Sheet 6 of Schedule A thereto, the zoning designation of the lands shown outlined on Schedule A to this by-law from AGRCULTURAL (A) to SERVCE COMMERCAL ONE - SECTON 694 (SC1-SECTON 694), such lands being part of Lots 13 and 14, Concession 1, West of Hurontario Street, in the geographic Township of Toronto; (2) by adding thereto, as SCHEDULE C - SECTON 694, Schedule B to this by-law; (3) by adding to section 3.2 thereof, as a plan to be included in Schedule C, the following: "Schedule C - section 694" (4) by adding thereto, the following section: "694 The lands designated SC1-SECTON 694 on Sheet 6 of Schedule A to this by-law: 694.1 shall only be used for the following purposes: (1) an office; (2) a hotel; (3) only in conjunction with an office or hotel:

- 2 - ( a) a bank, trust company or financial institution; (b) a retail establishment having no outside storage; (c) a personal service shop; (d) a dry cleaning and laundry establishment; (e) a community club; (f) a recreation facility; (g) a standard restaurant; (h) a dining room restaurant, and (4) purposes accessory to the other permitted purposes. 694.2 shall be subject to the following requirements and restrictions: (1) the maximum gross floor areas shall be as follows: either (a) an office: 49,580 square metres and a hotel: 12,587 square metres or (b) only an office: metres 59,021 square (c) purposes permitted by section 694.1(3) shall not exceed 10 percent of the total gross floor area of the hotel and office.

- 3 - (2) the minimum lot area shall be 3.2 hectares; (3) the minimum front yard depth, side yard width and rear yard depth shall be as shown on SCHEDULE C - SECTON 694; (4) all buildings shall be located only within BULDNG AREA A, B, C and D as shown on SCHEDULE C-SECTON 694 (5) the maximum height of all buildings within BULDNG AREA A on SCHEDULE C-SECTON 694 shall not exceed 6 storeys; (6) the maximum height of all buildings within BULDNG AREA B on SCHEDULE C-SECTON 694 shall not exceed 10 storeys; (7) the maximum height of all buildings within BULDNG AREA C on SCHEDULE C-SECTON 694 shall not exceed 12 storeys; (8) the maximum height of all buildings within BULDNG AREA D on SCHEDULE C - SECTON 694 shall not exceed 14 storeys; (9) the purposes permitted by section 694.1(3) shall only be permitted in BULDNG AREAS B, C and D on SCHEDULE C-SECTON 694; (10) the purpose permitted by section 694.1(2) shall only be permitted in BULDNG AREA C on SCHEDULE C - SECTON 694: (11) all garbage and refuse containers including those for recyclable materials, shall be enclosed within the main building; (12) all garbage and refuse containers for restaurant uses shall be provided within a climate controlled area within the building;

- 4 - (13) a 1.8 metre high masonry wall shall be provided and maintained in the location as shown on SCHEDULE C - SECTON 694; (14) landscaped open space areas shall be provided and maintained in the locations shown as LANDSCAPED OPEN SPACE on SCHEDULE C-SECTON 694; (15) parking requirements for those purposes permitted by section 694.1(1) and (3) shall be calculated as follows: The parking requirements for each use contained within the development shall be calculated as if these uses were freestanding buildings in accordance with Section 20.3 of this bylaw. The parking requirement for each use shall then be multiplied by the percent of the peak period for each time period contained below. Each column shall be totalled for weekdays and weekends. The maximum figure obtained from all the periods shall become the parking requirement. PERCENT OF PEAK PEROD Percent of Peak Period (Weekday) Land Use Morning Noon Afternoon Evening Office 100 90 95 10 Retail 80 65 100 100 Restaurants 20 100 30 100 Percent of Peak Period (Weekend) Land Use Morning Noon Afternoon Evening Office 10 10 10 10 Retail 80 100 100 30 Restaurants 20 100 50 100

- 5 - (16) no above ground parking structure shall be permitted. 694.3 shall also be subject to the requirements and restrictions relating to the SC1 zone and all the general provisions of this bylaw which are not in conflict with the ones set out in section 694.2." READ a FRST, SECOND and THRD TME, 'and PASSED, in OPEN COUNCL, this 13th 77/90

0 m z 0 Cl) E... -l a::: *, r J t) JJ a:: > m co Z 0 1'- o - (;0 E ro.::.- "! rr) U "'t N Ci.: W Cl) et:,t - (\J y. (.) U 9 a1 (J) w en lj 0:: t-- e ro er:: <1 CL. d.. wgg'v 3Aa LEGEND - ZONE BOUNDARY m METRES, «t CENTRELlNE OF ORGNAL ROAD ALLOWANCE PART LOTS 138d4,CON.,W.H.S(TOR.r BY-LAW 139-84 SCHEDULE A By-Law Schedule A 1:/500 CTY OF BRAMPTON Planning and Development Date: 1990 11 28 Fiii no. TW3.8 Drawn by:cjk Map no,

RA Y lawson BLVD... _ LEGEND m METRES min MNMUM 1.8 METRE HGH MASONRY,WALL BULDNG AREAA 00 0 o 0 BULDNG AREA B BULDNG AREA C BULDNG AREA D LANDSCAPED OPEN SPACE SCHEDULE C- SECTON 694 BY-LAW 139-84 B -Law Cio -'if Schedule B 1:1500 CTY OF BAAMPTON Planning and Development Date: 1990 11 28 File no. TW3.8 Drawn by: C J K Map no.75-27v

.,' ", "" " ' " -,.:." ALLAN KERBEL NVESTMENTS,,'1,, ", Key Map By-law 90-91]' '" '.' 1:25000 CTY OF BRAMPTON Planning and Development Oa18:1991 05 21 Drawn by: CJK File no. TW3.S Map no. 75-27V

/ N THE MATTER OF the Planning Act, R.S.O. 1990, as amended, section 34; AND N THE MATTER OF the City of Brampton By-law 90-91 being a by-law to amend comprehensive zoning By-law 139-84, as amended, pursuant an application by Allan Kerbel nvestments Limited (File T1W13.8) DECLARATON, KATHRYN ZAMMT, of the Village of Erin, in the County of Wellington, DO SOLEMNLY DECLARE THAT: 1. am the Deputy Clerk of The corporation of the City of Brampton and as such have knowledge of the matters herein declared. 2. By-law 90-91 was passed by the Council of the Corporation of the city of Brampton at its meeting held on the 13th day of May, 1991. 3. Pursuant to appeals against the by-law in accordance with section 34(18) of the Planning Act, R.S.O. 1990 c.p.13 as amended, the matter was referred to the ontario Municipal Board. 4. The ontario Municipal Board in its oral decision and order dated November 19, 1992, under File R910370, granted the appeal in part and amended the by-law, as attached. DECLARED before me at the City of Brampton in the Region of Peel this 14th day of

D8' 9 q: ] folo' [315 ] f':f'r S*' 'P DAT DEC - 4: 1992 tj Ontario "'" Ontario Municipal Board Commission des affaires municipales de "Ontario R 910370 COUNSEL: N THE HATTER OF Section (18) of the P!annict, 1983 AND N THE HATTER OF an appeal by G.M. Thompson, Nicola Bongiovanni, Bruce Robinson and Desmond Winders against zoning By-law 90-91 of the Corporation of the City of Brampton REG. No.: RECEVED CLERK'S DEPT. DEC 0 7 1992 c..(q0&'d.9t( /1. QQ FLENo.: 1/A;2-rt Clay Connor for City of Brampton Neil Davis - for Allan Kerbel nvestments Limited MEMORANDUM OF ORAL DECSON delivered by D.W. MDDLETON on November 19, 1992 and ORDER OF THE BOARD Between the time that the appeal had been entered with respect to By-law 90-91 of the Corporation of the City of Brampton and the date of this hearing there had been considerable negotiations between the appellants, the Municipality and the proponents. Those negotiations had resulted in certain agreements between the parties that resulted in a reduction of the gross floor space index 2.D to 1.8. This reduction was achieved as set out in Exhibi t 3 Certain undertakings were made by agreement between the proponent and the City and an amended by-law was presented to the Board in the hearing. The Board heard the uncontested planning evidence of David Ross that this by-law was in conformity with the Official Plan and the Secondary Plan. The Board is satisfied from the evidence of the planner and the comments as expressed by and on behalf of the appellants that the by-law before the Board in Exhibit 4 is appropriate and represents good planning. The Board therefore will

.' ". - 2 - R 910370 " grant the appeal in part and will amend By-law 90-91 in the form of Exhibit 4, attached to the Board's decision/order as Schedule "A". The Board so orders. "D.W. Middleton" D.W. MDDLETON MEMBER. "

R 910370 Ontario Municipal Board Commission des affaires municipales de 'Ontario,} THE C,)POAATON OF THE: CTY OF BRAp.;PTON SCHEDULE lal BY-LAW ;\ umbcr. To amend By-law 139-84, (Part of Lots 13 and 14, Concesslon, W.H.S., in the geographic Township of Toronto) The councll of The Corporat10n of the C1ty of Brampton ENACTS as follows: 1. By-law 139-84, as amended, 1S hereby further amended: (1) by changng, on Sheet 6 of Schedule 'A' thereto, till' zoning desgnation of the ldnds shown outllncj on Schedule A to th1s by-law from AGRCULTURAL (A) to SERVCE COMMERCAL ONE - SECTON 694 (SC1-S[CTON 694), such lands beng part of Lots 13 and 14, Concess10n, West of Huror.tar10 Street, 1n the geographic Township of Toronto; (2) by adding thereto, as SCHEDULE C - SECTON 694, SChedule B to this by-law; (3) by adding to sectlon 3.2 thereof, as a plan to be included in Schedule C, the following: "Schedule C - Sect10n 694" (4) by add1ng thereto, the (0110w1ng section: "694 The lands designated SC1-SECTON 694 on Sheet 6 of Schedule A to thls by-law: 694.1 shall only be used for the follow1ng purposes: (1) an off1ce; (2) a hotel; (3) only in conjunction with an off1ce or hotel:..

- 2 -. _ (a) a bank, trust company or financial institution; (b) a retail establishment having no outside storage; Cc) a personal service shop; (d) a dry' cleaning and laundry establishment; (e) a community club; (f) a recreation facility; (g) a standard restaurant; (h) a dining room restaurant, and,- -,'--...--_../ (4) purposes accessory to the other permitted purposes. 694.2 shall be subject to the following requirements and restrictions: (l) the maximum gross floor areas shall be as follows: either (a) (i) an office: 42,256 square metres and a hotel: 10,730 square metres or (ii) only an office: 50,304 square metres (b) purposes permitted by section 694.1(3) shall not exceed 10 percent of the total gross floor area of the hotel and office. (2) the minimum lot area shall be 3.2 hectares; (3) the minimum front yard depth, side yard width and rear yard depth shall be as shown on SCHEDULE C - SECTON 694;.. (4) all buildings shall be located only within BULDNG AREA A, B, C and D as shown on SCHEDULE C - SECTON 694;

- 3 - (5) the maximum height of all buildings within BULDNG AREA A on SCHEDULE C - SECTON 694 shall not exceed 6 storeys; (6) the maximum height of all buildings within BULDNG AREA B on SCHEDULE C - SECTON 694 shall not exceed 10 storeys; (7) the maximum height of all buildings within BULDNG AREA C on SCHEDULE C - SECTON 694 shall not exceed 14 storeys; (8) the maximum height of all buildings within BULDNG AREA D on SCHEDULE C - SECTON 694 shall not exceed 12 storeys; (9) the purposes permitted by section 694.1(3) shall only be permitted in BULDNG AREAS B, C and D on SCHEDULE C - SECTON 694; (10) the purpose permitted by section 694.1(2) shall only be permitted in BULDNG AREA C on SCHEDULE C - SECTON 694; (11) all garbage and refuse containers including those for recyclable materials, shall be enclosed within the main building; (12) all garbage and refuse containers for restaurant uses shall be provided within a climate controlled area within the building; (13) a 2.5 metre high masonry wall shall be provided and maintained in the location as shown on SCHEDULE C - SECTON 694; (14) landscaped open space areas shall be provided and maintained in the locations shown as LANDSCAPED OPEN SPACE on SCHEDULE C - SECTON 694; (15) parking requirements for those purposes permitted by section 694.1(1) and (3) shall be calculated as follows:

- 4 - The parking requirements for each use contained within the development shall be calculated as if these uses were freestanding buildings in accordance with Section 20.3 of this by-law The parking requirement for each use shall then be multiplied by the percent of the peak period for each time period contained below. Each column shall be totalled for weekdays and weekends. The maximum figure obtained from all the periods shall become the parking requirement. PERCENT OF PEAK PEROD Percent of Peak Period (Weekday) Land Use Morning Noon Afternoon Evening Office 100 90 95 10 Retail 80 65 100 100 Restaurants 20 100 30 100 Percent of Peak Period (Weekend) Land Use Morning Noon Afternoon Evening Office 10 10 10 10 Retail 80 100 100 30 Restaurants 20 100 50 100 (16) no above ground parking 'structure shall be permitted. 694.3 shall also be subject to the requirements and restrictions relating to the SC1 zone and all the general provisions of this by-law which are not in conflict with the ones set out in section 694'.2." HEAD a FRST, SECOND and THRD TME, and PASSED, in OPEN COUNCL, this day of 19 ";'flral:j AL io fc...!.a"t OLPT, DR.M'TO: PETER ROBERTSON - MAYOR LEONARD J. MKULCH CTY CLERK 04/92

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