Contact:

MISSISSAUGA ,., liiiJii

AGENDA

SESSION 20

SPECIAL MEETING OF

THE COUNCIL OF

THE CORPORATION OF THE CITY OF MISSISSAUGA (www.mississauga.ca)

WEDNESDAY, December 4, 2013 ~ 9:00 A.M.

COUNCIL CHAMBER 300 CITY CENTRE DRIVE

MISSISSAUGA, ONTARIO L5B 3Cl

Telephone: Carmela Radice, Legislative Coordinator, Office of the City Clerk 905-615-3200 Ext. 5426; carmela.radice@mississauga.ca

Meetings of Council streamed live and archived at mississauga.ca/videos

Council Agenda 1 December 4, 2013

1. CALL TO ORDER

2. APPROVAL OF AGENDA

3. DECLARATIONS OF CONFLICT OF INTEREST

4. PUBLIC QUESTION PERIOD-15 Minnte Limit (in accordance with Section 36 of the City of Mississauga Procedure By-law 0139-2013 - Council may grant permission to a person who is present and at Council and wishes to address Council on a matter on the Agenda. Public Question Period is limited to a total of 15 minutes. Persons addressing Council with a guestion should limit preamble to a maximum of two statements sufficient to establish the context for the guestion. For any other matter, leave must be granted by Council to deal with a matter not on the agenda).

5. CLOSED SESSION

(a) Pursuant to the Municipal Act, Section 239 (2)

(i) Litigation or potential, including matters before administrative tribunals, affecting the municipality or local board re: Update and Legal Advice

Regarding Official Plan Amendment No. 8 and Zoning By-law 0050-2013 Appeals and Proposed Partial Settlement with OMERS Realty Management Corporation and 156 Square One Limited.

6. MATTERS ARISING OUT OF CLOSED SESSION

R-1 A report dated December 2, 2013, from the Commissioner of Planning and Building re: Information Status and Removal of "H" Holding Symbol Report To permit the southwest addition to Square One Mall, private open space plaza with public access easement and new public road network, 100 City Centre Drive, Northeast of City Centre Drive and Duke of York Boulevard Owner/Applicant: OMERS Realty Management Corp. and 156 Square One Limited Bill 51, (HOZ 13/004 W4) (Ward 4).

Recommendation

That the Report dated December 2, 2013, from the Commissioner of Planning and Building outlining the details of the proposed development and recommending approval of the removal of the "H" holding symbol application, to permit the southwest addition to Square One Mall and new road network under file H-OZ 13/004 W4, OMERS Realty Management Corp. and 156 Square One Limited, 100 City Centre Drive, be received for information, and that the Planning and Building Department be authorized to prepare the necessary byclaw for Council's passage.

Motion

Council Agenda 2 December 4, 2013

7. MOTIONS

(a) To approve the Report dated December 2, 2013, from the Commissioner of

Planning and Building outlining the details of the proposed development and recommending approval of the removal of the "H" holding symbol application, to permit the southwest addition to Square One Mall and new road network under file H-OZ 13/004 W4, OMERS Realty Management Corp. and 156 Square One Limited, 100 City Centre Drive, be received for information, and that the Plauning and Building Department be authorized to prepare the necessary by-law for Council's passage.

Corporate Report R-1

8. INTRODUCTION AND CONSIDERATION OF BY-LAWS

B-1 A By-law to authorize the execution of a Development Agreement between OMERS Realty Management Corp & 156 Square One Limited and the Corporation of the City of Mississauga North of City Centre Drive between Duke of York Boulevard and Kariya Gate (H-OZ 13/004 W4) Owner/Applicant: OMERS Realty Management Corp & 156 Square One Limited (Ward 4).

Corporate Report R-1

B-2 A by-law to amend the Zoning By-law 0225-2007 to remove the 'H' Holding symbol for the lands located at 100 City Centre Drive for the lands in the northeast corner of City Centre Drive and Duke of York Boulevard, OMERS Realty Management Corp. and 156 Square One Limited (Ward 4).

Corporate Report R-1

9. CONFIRMATORY BILL

A by-law to confirm the proceedings of the Council of The Corporation of the City of Mississauga at its meeting held on December 4, 2013.

11. ADJOURNMENT

Corporate Report

Clerk's Fiies

Originator's

Files H-OZ 13/004 W4

COUNCJ.L A.Gl!.~DA

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DATE:

TO:

FROM:

SUBJECT:

December 2, 2013

Mayor and Members of Council Meeting Date: December 4, 2013

Edward R. Sajecki Commissioner of Plarming and Building

Information Status and Removal of "H" Holding Symbol Report To permit the southwest addition to Square One Mall, private open space plaza with public access easement and new public road network 100 City Centre Drive Northeast of City Centre Drive and Duke of York Boulevard Owner/Applicant: OMERS Realty Management Corp and 156 Square One Limited Bill 51

Ward4

RECOMMENDATION: That the Report dated December 2, 2013, from the Commissioner of Plarming and Building outlining the details of the proposed development and recommending approval of the removal of the "H" holding symbol application, to permit the southwest addition to Square One Mall and new road network under file H-OZ 13/004 W 4, OMERS Realty Management Corp. and 156 Square One Limited, I 00 City Centre Drive, be received for information, and that the Planning and Building Department be authorized to prepare the necessary by-law for Council's passage.

Council

REPORT HIGHLIGHTS:

BACKGROUND:

- 2 -File: H-OZ 13/004 W4

December 2 2013

• The "H" holding symbol is proposed to be removed from the

southwest side of Square One mall and the lands north of

City Centre Drive and east of Duke of York Boulevard in

order to permit an addition to the mall, private open space plaza with public access easement and allow for the

construction of a new public road network upon execution of a Development Agreement;

• The "H" holding symbol is to be re-instated over the

undeveloped blocks once the road network is constructed and

the surface parking lots are re-configured accordingly;

• A Site Plan application (SP 12/218 W4) has been received and

is currently under review for an addition to the southwest

portion of the mall, between Old Navy and Hudson's Bay, to include a Holt Renfrew store, retail shops, a private open space

plaza with public access easement, and a grand entrance to the

mall, along with the new network of public roads;

• This report is provided as information for Council to outline

the details of the proposal and to seek Council's permission to

prepare the by-law to lift the "H" holding symbol to allow for

development of the subject lands.

On July 2, 2008, City Council adopted PDC Recommendation

PDC-0053-2008 which requires that prior to approval of an

application to remove the "H" holding symbol for all lands located

within the downtown, the Planning and Building Department

prepare an Information Status Report for consideration by Planning

and Development Committee and Council, outlining the details of

the development proposal.

The proposal is for an addition to the southwest portion of Square

One mall (between the existing Old Navy and Hudson's Bay)

which includes a Holt Renfrew store, retail shops, a private open

space plaza with public access easement, and a grand entrance to

the mall. Also forming part of this application are the lands north

of City Centre Drive and east of Duke of York Boulevard, of

Council

COMMENTS:

- 3 -File: H-OZ 13/004 W4

December 2 2013

which portions will be gratuitously dedicated to the City for a new

network of public roads (See Appendices I-1 to I-7).

The Site Plan (SP 12/218 W4) for the proposed southwest mall

addition was submitted December 21, 2012 and the current

proposed site plan is shown in Appendix I-5, with the elevations

shown in Appendix I-6. The Downtown Interim Control By-law

was in effect upon submission of the site plan. The Interim Control

By-law Amendments (MOPA 8, By-law 0050-2013, and the

Downtown Built Form Standards) which sought to implement the

vision within the Downtown21 Master Plan were approved by

Council on March 6, 2013 and were subsequently appealed by a

number of the Downtown landowners including OMERS Realty

Management Corp. and 156 Square One Limited on April 9, 2013.

There have been on-going discussions between the City of

Mississauga and Oxford Properties (OMERS Realty Management

Corp. and 156 Square One Limited) to attempt to resolve their

proposal with the amendments.

The Removal of the "H" Holding Provision application

(H-OZ 13/004 W4) was submitted on October 29, 2013. This

application has been circulated for technical comments and once

the Development Agreement has been approved and executed, the

requirements for lifting of the "H" holding symbol will have

been met.

Typically the Information Status Report is prepared in advance of

the report to seek permission to prepare the by-law to lift the "H"

holding symbol, however, due to the timing of a related Ontario

Municipal Board pre-hearing on December 10th, the two reports

have been combined herein.

Details of the proposal are as follows:

Development Proposal

Application October 29, 2013

submitted:

Height: 1 and 2 storeys (tallest point is 18.5 m

( 60 ft.) appearing as 3 storeys)

Q-ICb)

Council - 4 -File: H-OZ 13/004 W4

December 2 2013

Development Proposal

Landscaped 3,177 m7 (34,197 sq. ft.)

Area:

Gross Floor Existing Mall

Area: 159,599 m2 (1,717,905 sq. ft.)

Northwest Addition (under construction)

5,952 m2 (64,067 sq. ft.)

Proposed Southwest Addition

9,762 m2 (105,077 sq. ft.)

Total mall area after both additions

174,380 m2 (1,877,010 sq. ft.)

Parking Total = 7 ,969 spaces

Required:

Parking Total= 7,930 spaces

Provided:

Site Characteristics

Frontage: 310 m(l,017 ft.)-City Centre Drive

152 m (499 ft.)-Duke of York Blvd.

Depth: irregular

NetArea: 5.371 ha (13.27 ac.)

Existing Use: surface parking lots and Old Navy/mall

Neighbourhood Context

The subject property is currently comprised of surface parking

lots, Square One Mall with the Old Navy store to be re-located

to the northwest mall addition, and private access roads for

Square One Mall.

The surrounding land uses are described as follows:

North: Square One Mall

East:

South: Hudson's Bay store (Square One Mall), parking structure City Centre Drive, office building (201 City Centre Dr.),

surface parking

Council - 5 -File: H-OZ 13/004 W4 Q-) Cd)

December 2 2013

West: Duke of York Boulevard, Mississauga Civic Centre,

Celebration Square

Mississauga Official Plan (2012)

"Downtown Core Commercial" which permits retail commercial

uses (except for those with a drive-through facility, motor vehicle

sales, motor vehicle repair, motor vehicle wrecking and truck

washes), restaurants, major and secondary offices, residential

apartments, hotel and conference facilities, entertainment facilities,

recreational facilities, parkland, and civic and cultural facilities

(see Appendix I-2).

MOPA 8 was approved by Council on March 6, 2013 and is

currently under appeal, but designates the lands "Mixed Use", "Public Open Space", and new "Minor Collector" roads with

both "A- Frontage" and "B - Frontage" designations (see

Appendix I-3). MOPA 8 was appealed by a number of the

Downtown landowners including OMERS Realty Management

Corp. and 156 Square One Limited on April 9, 2013.

While MOPA 8 is under appeal, Mississauga Official Plan (2012)

is in force.

Existing Zoning (By-law 0225-2007)

"H-CCl" (City Centre - Retail Core Commercial), which

permits a wide variety and mix of uses including retail and

service commercial uses, offices, restaurants, entertainment

establishments, apartment dwellings, hotels and conference centres

subject to specified development requirements.

On March 6, 2013 an amending by-law, By-law 0050-2013, was

passed to zone the subject lands:

"H-CCl" (Downtown Core - Core Commercial), which permits

a wide variety and mix of uses including retail and service

commercial uses, offices, restaurants, entertainment

establishments, apartment dwellings, hotels and conference centres

~-\Ce) Council - 6 -

File: H-OZ 13/004 W4 December 2 2013

subject to specified development requirements including design

requirements and a minimum building height of 3 storeys.

"H-CCOS" (Downtown Core - Open Space), which permits

only active and passive recreational uses, and below grade

parking structures.

The By-law also zones the lands with "A Street Frontage", "B Street Frontage", "75% Retail Activation Frontage", and "50% Retail Activation Frontage" requirements and

"Build-to Areas".

This By-law is currently under appeal.

A minor variance application has been submitted under file

'A' 454/13 to permit the construction of a one and two storey

addition extending from the site of the existing Old Navy to

Hudson's Bay. The variance is scheduled to the December 5, 2013

Committee of Adjustment.

The application is seeking variances for the following:

• Reduced building height;

• To permit retail uses in the CCOS Open Space zone;

• Reduction in the amount of first storey streetwall glazing;

• Increased width of a retail unit within a retail

activation area;

• Encroachment of an underground parking structure below a

street; and,

• Reduction in the amount of parking required

The variances will accommodate the proposed development.

Site Plan

The site plan for the southwest expansion of Square One mall

(SP 12/218 W 4) proposes an addition between the existing Old

Navy store (to be re-located) and Hudson's Bay on the south side

of the mall within 1 and 2 storeys. The addition will contain a Holt

Council -7-File: H-OZ 13/004 W4

December 2 2013

Renfrew store, retail stores, grand entrance to the mall, and a

private open space plaza with public access easement and new

public road network (see Appendices I-5 and I-6).

The "H" holding symbol must be removed prior to the issuance of site plan approval for any building permit.

Removal of Holding Symbol

Section 36 of the Planning Act provides the legislative framework for the removal of the "H" holding symbol and allows

municipalities to amend a by-law to remove the "H" holding

symbol. A formal public meeting is not required; however notice

of Council's intention to pass the amending by-law must be given

to all land owners within 120 m (400 ft.) to which the proposed

amending by-law would apply. Notice was given to all affected land owners by pre-paid first class mail.

The conditions for removing the "H" holding provision will be

fulfilled as follows:

1. The owner will execute and enter into a Development

Agreement, satisfactory to The Corporation of the City of

Mississauga, addressing and agreeing to, amongst other things,

the installation or placement of all required municipal works,

municipal walkways, land dedications and the provision of required securities. This agreement must be complete and

approved by Council prior to Council's approval of the By-law

to remove the "H" holding symbol.

2. The lands comprising the future road network will be

constructed by OMERS Realty Management Corp. and

156 Square One Limited to municipal standards and

gratuitously dedicated to the City of Mississauga and assumed

as Public Highway. Some of the roads will be stratified (eastern portion of Princess Royal Drive and the future Main

Street) with the City owning the surface road, and OMERS

Realty Management Corp. and 156 Square One Limited

owning the below grade portion to be used for private

Q-1ct)

FINANCIAL IMPACT:

CONCLUSION:

ATTACHMENTS:

underground parking. The design of the new roads will be

determined through a future Environmental Assessment

process undertaken by the City.

Upon completion of construction of the roads and the alterations to

the remaining surface parking, the applicant has agreed in the Development Agreement to have the "H" holding symbol re­

instated upon the undeveloped lands (surface parking lots), and

these lands will require a separate application to remove the "H"

holding symbol upon there being a proposal for a Phase 2

redevelopment consistent with the approved policies, zoning, and vision for the Main Street District.

Not applicable.

The conditions to remove the "H" holding symbol are anticipated to be fulfilled through the approval of the Development Agreement

at this same special meeting of Council. These items must be

completed prior to enactment of the By-law to lift the "H" holding

symbol, and the by-law shall only be approved after the

Development Agreement is approved.

Appendix I-1: Aerial Photograph

Appendix I-2: Excerpt of Downtown Core Land Use Map

(Mississauga Official Plan - In Effect)

Appendix I-3: Excerpt of Downtown Core Land Use Map

(MOPA 8- Under Appeal) Appendix I-4: Excerpt of Existing Land Use Map

Appendix I-5: Proposed Site Plan

Appendix I-6: Elevations

Appendix I-7: General Context Map

Edward R. Sajecki

Commissioner of Planning and Building

Prepared By: Jonathan Famme, Development Planner

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LEGEND:

I I SUBJECT LANDS

DATE OF AERIAL IMAGERY: SPRING 2013

OMERS Realty Management Corp. & 156 Square One Limited

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