High and Dry: Brampton high-rise settlement

NRU
June 3, 2014
By Edward LaRusic

Creative use of an adjacent lot has allowed a settlement over a 17-storey development in Brampton to go ahead, despite being within a flood plain.

Heritage Brampton Inc.’s proposal to build a 17-storey, mixed-use development on the flood plain in downtown Brampton sparked concern when it applied to the city to rezone the site from commercial to residential. The city approved the application, in principal, in 2006 subject to provincial approval given it is located on a flood plain governed by a special policy area designation. Subsequently the province directed Brampton to review its special policy area prior to any amendment to the by-law that would permit a more intensive use. Heritage Brampton appealed to the OMB in 2012 over the city’s failure to grant full approval in a timely manner.

In a May 21 decision, Ontario Municipal Board member Reid Rossi approved a settlement among Heritage Brampton Inc., City of Brampton and the Toronto and Region Conservation Authority regarding the proposed development at 2, 6, 10, 22 and 24 Nelson Street East.

Solicitor for Heritage Brampton Mary Flynn-Guglietti (McMillan LLP) said the development was held up due to a special policy area related to the flood plain under a portion of downtown Brampton. The solution, she said, was two-fold.

“One of the things we had to do is purchase property [7- 11 Church Street] that would bring the development out into what would call a ‘safe zone,’” Flynn-Guglietti told NRU. “If there is any [f ooding], pedestrians and cars could exit out onto Church Street.”

Also important, she said, was creating what amounts to a residential setback from sea level.

“The proposal at this point is for residential [uses], but it’s very specific about where those units can be placed. Rather than a setback to a lot line, it’s based on an elevation.”

The by-law prohibits a residential dwelling unit or hotel or motel suite below a particular point above sea level. It similarly prohibits lobby areas, vehicular and pedestrian entrances.

“Once we resolved that and we resolved the emergency exit, the [Ministry of Natural Resources], [Toronto and Region Conservation Authority] and the city were able to come onside in support of the application. This now allows development to happen in the downtown core, while at the same time ensuring public safety.”

Brampton growth management and special policy manager Janice Given told NRU in an email that Heritage Brampton’s use of the adjacent lot reflects new policies created through the municipal review of the special policy area. These are intended to ensure sufficient flood-proofing for new development.

“What is being done on the Heritage Brampton site is exactly what is required under the new [special policy area] policies... Providing safe access to another street outside of the flood plain is the underlying principle on which the newly approved policies are based.”

The Provincial Policy Statement prevents new development in a flood plain unless it is within a provincially-approved special policy area. A special policy area was approved for downtown Brampton in 1986 and was recently revised, receiving approval from the Ministry of Natural Resources and the Ministry of Municipal Affairs and Housing on April 30. Subsequent official plan and zoning by-law amendments to implement the special policy area were approved at Brampton council May 7.