REPORT TITLE: BRAMALEA CITY CENTRE APPLICATION FOR HOLIDAY OPENINGS UNDER THE RETAIL BUSINESS HOLIDAYS ACT BY MORGUARD CORPORATION

Transcription

1 P Region d P d Nonki~q Fon qou REPORT Regional Council DATE: March 14,201 1 REPORT TITLE: BRAMALEA CITY CENTRE APPLICATION FOR HOLIDAY OPENINGS UNDER THE RETAIL BUSINESS HOLIDAYS ACT BY MORGUARD CORPORATION FROM: Dan Labrecque, Commissioner of Public Works RECOMMENDATION That the Regional Municipality of Peel hold a Public Meeting on June 23, 2011 to consider an application for exemption under the Refail Business Holidays Act by Morguard Corporation for the Bramalea City Centre in the City of Brampton. On November 2010, Morguard Corporation applied to the Regional Municipality of Peel for - an exemption under the Retail Business Holidays Act (RBHA) for an Area Basis Tourist exemption for Bramalea City Centre in the City of Brampton. The subject lands are known municipally as 25 Peel Centre Drive (Bramalea City Centre), Peel Centre Drive and Peel Centre Drive. 0 The exemption would permit retail and food type businesses to remain open voluntarily on New Years Day, Family Day, Victoria Day, Canada Day, Labour Day and Thanksgiving 0 Peel Region By-law provides that Regional Council determines whether applications under the Retail Business Holidays Act should proceed to a public meeting. Staff has circulated the application to the area municipalities and agencies and has DISCUSSION 1. Background Morguard Corporation applied to the Regional Municipality of Peel for an exemption to the Retail Business Holidays Act for the Bramalea City Centre (BCC) in Brampton. If this application is approved retail and food service type businesses within and adjacent to Bramalea City Centre would be permitted to remain open voluntarily between 10:OOam and 6:OOpm on the following statutory holidays: o New Years Day; o Family Day; o Victoria Day; o Canada Day; o Labour Day; and o Thanksgiving Day.

2 %-A \ -2- March 14, 2011 BRAMALEA CITY CENTRE APPLICATION FOR HOLIDAY OPENINGS UNDER THE RETAIL BUSINESS HOLIDAYS ACT BY MORGUARD CORPORATION The application is attached as Appendix I The area proposed for exemption is located in the area bounded by Peel Centre Drive, Queen Street East, Dixie Road and Team Canada Drive as shown in Appendix II. 2. Role of Regional Council Pursuant to Section 4(1) of the Retail Business Holidays Act, Region of Peel Council has the authority to grant Area Basis Tourist Exemptions by adopting a Regional By-law. The Act requires applicants to demonstrate that the exemption criteria outlined in the Act and accompanying Regulation (O.Reg.711/91) have been addressed and that the exemption would assist in the maintenance or development of tourism activity. Peel Region By-law details the process for Regional consideration of applications under the Retail Business Holidays Act. It requires applicants to submit studies and documentation to demonstrate than an exemption would support tourism development. The applicant submitted the required application and a supporting report entitled: Bramalea Citv Centre Application for Holidav Openincls under: The Retail Business Holidays Act. b InterStratics Consultants Inc.. dated November 8'" As a result of staff discussion: with the applicant, an addendum report, dated February 25'" 2011 was submitted. In the supporting report, the consultant concludes that Bramalea City Centre is an excellent candidate for exemption to the Act, especially in comparison to other regionally-significant retail destinations and to commercial centres and areas that have already been exempted. Regional staff expects that the applicant to present the opinions detailed in this report and will be prepared to answer questions on its conclusions at a future public meeting. The Region's process requires circulation to affected municipalities, agencies, persons and internal departments for comment. In addition, the Region's process also includes the requirement to hold a public meeting; the application may be subsequently decided upon by Regional Council. 3. Circulation - Comments Received Regional staff circulated this application to the City of Brampton, City of Mississauga, and Town of Caledon Clerks and Planning departments to provide them the opportunity to identify any concerns with the application proceeding to a public meeting. The application was also circulated to the City of Brampton's Economic Development Office, Peel Legal Services, Peel Region Paramedic Services, Peel Region Police, and the Brampton Fire Department. The following comments were received: (Please see Appendix Ill) o The Town of Caledon Council passed a resolution at the December 14, 2010 meeting that the circulated application was received and that Council has no objections to the application. o The City of Brampton's Economic Development Office comments include the following: o "The exemption of BCC addresses an inequity that has existed in Peel Region since Square One was designated 2009, by providing a wider range of retail and

3 March 14,201 1 BRAMALEA CITY CENTRE APPLICATION FOR HOLIDAY OPENINGS UNDER THE RETAIL BUSINESS HOLIDAYS ACT BY MORGUARD CORPORATION commercial service to residents and tourists in closer proximity to people that live and visit in Brampton." o "Brampton Economic Development staff believe that Region of Peel Council, in conjunction with the area municipalities should request the government of the Province of Ontario to review the regulations of the Retail Business Holidays Act RSO 1990, in order to address the uneven impact of designations of certain areas under the current Act, and review the merits of amending the legislation to allow a more balanced treatment of smaller retail areas that operate at a competitive disadvantage to larger retail areas under the current legislative context." o No additional comments, concerns or objections were received. Commissioner of Public Works Approved for Submission: D.kdwarc. Chief Administrative Officer For further information regarding this report, please contact Andrea Warren at extension 4355 or via at warrena@peelregion.ca,*-r- 3 Authored By: Christina Marzo c. Legislative Services

4 APPENDIX I Bramalea City Centre Applicalion for Holiday Oveninas. - Under the Retail Business Holidays Act Appendix E 1 THE RETAIL BUSmESS HOLIDAYS ACT S(4). ESTABLISWMENT OR AREA EXEMPTION APPLICATION To be completed by all applicants applying for an establishment or an area exemption. NOTE: Applicants applying for exemption for up to five holidays a year, during which a fair, festival, or oilier eveni is being held, rise ihe separate application entitled "SPECLAC EVENTAPRZICATTON" APPLICANT U\IFOMTIQN 1. Type of Exemption Application: An applicant may apply for a by-law to permit one or more Retail Business Establishments to open on a holiday for the maintenance and development of tourism (an "exemption"). Except where an application is made on an area basis, a separate application and fee must be submitted for each retail business establishment for which an exemption is sought. Check one and complete the designated Sections. Establishment Area Applicant applying for exemption for an individual retail business establishment. Complete Sections I, m, W and Appendii 1. Applicants applying for exemption on an area-wide basis. CompIete Sections I, 11, N and Appendix 1. If this is an Application for Renewal, provide previous exempting By-law Number or Municipality: In which municipality in the Region of Peel is tbe retail business establishment or exemption area located: r] Mississauga Brampton 0 Caledon Indicate whether any of the following municipalities are located within one kilometre of the subject retail business establishment or area:

5 APPENDIX I Bramalea City Centre Application for Holiday Openings Under the Retail Business Holidays Act 3. Applicant Classification: Mississauga a Brampton Caledon "Applicant" means: (please check one and provide information) i, person or persons, including a corporation, and a partnership canying on a retail business in a retail business establishment in the Region of Peel. Provide name and address of such retail business establishment. Retail Business Establishment: BQMALC* C 177 cm&,, SNOPPI Mh ~te/ibt: ii. an association whether or not incorporated representing retailers canying on business in the Region of Peel. Name of Association: iii. council of a local municipality (attach authorizing resolution). 4. Applicant Names: a) List the name and address of each retail business establishment seeking exemption, or if the applicant is an association or coutrcil of a local municipali&, list the name(s) and addre,ss(es) of each retail business establishment seeking an exemption which is represented by the association or council.

6 APPENDIX I Bramalea City Centre Application for Holiday Openings.. Under the Refail Busioess Holidays ACI March ) Provide name and address of ihe principle corttact person, legal counsel, or authorized ugent (if any) representing the applicant(.) to whom all co~espondence win be addressed: Name of Firm: Contact Person: Adhss: N?&&u b e u 3 %&Iu ~1 PA \b\1 kt)n kkft5 25 Tcct b-hemue, r bn-, - k h n W3eS msi3 Business Tel.: (40'5)545- ~73Y Fax: (405 ) Lp Proposed Holiday Operations a) Which Holidays? C] All Holidays a Sundays Only [II;] Specific Holiday(s) Seasonal, Specie X J i&ha. h bph CWAN w?~) Proposed Hours ofoperation IOAJA- TN~PW: ~VIJU~& 6. Provide a Key Plan showing the retail business establishment or area for which the exemption is sought and the location of the qualieing tourist uttraction(s). Include the scale of the plan. see ic 2 ril 7. Provide a Study establishing that the exemption requested will comply with the relevant criteria under the Act and Regulation and elaborating upon responses requested in this application form. The Study, prepared by a qualified person, must set out the qualifications of such person, the methodology employed, the relevant facts, rcasons for conclusions drawn and describe how passing of a tourism exemption by-law will contribute to the maintenance or development of tourism. Provide any other information to establish that the requirements of Regional By-law Number are met. The Regional Municipality of Peel may require such further informatiori as it deems necessary in order to assess this application. (Guidelines are available from tbe Region of Peel Clerk's office).

7 APPENDIX I Bramaiea City Centre Application for Holiday Openings Under the Retail Business Holidays Act To be completed by all applicants. SECTION X TOURIST ATTIPACTIONS 1. a) Identify and briejly describe the lourist altraction(s) which idare relied upon. [Where the retail business establishmerttfs) are located in the City of M&sissaziga or tlie City of Brampton the tourist attraction(s) must be located within two kilometres of the retail business estabiishment(s)]. Bramaiea City Centre (BCC) is Brampton's largest enclosed superregional shopping mail. With over 1.25 million square feet of retail space, 288 outlels, a trade area of 530,000 and more than one inillion visitors per month an average, BCC is currently one of Canada's largest shopping mails. Over 2.2 miilion tourists currently visit BCC from beyond the primary and semndarytrade area each year. This level is expected to increase as the current redevelopment opens. Specifically, Bramalea City cenlre serves a tourist clientele fram many areas includin~neighbour&holiday inn hotel and conference centre and Chinguacous~ Park ~tfractions&nal in nature? b) Is the ~ourist Yes If Yes, explain the Seasonal Nature of the tourist attraction and the justification in relation to the seasonal nature for the time period for which the exemption is sought. 2. Under which category does the tourist attraetion(s) FdM? 61 Natural Attractions, including those which draw visitors to the area to observe and focus on a unique nahual feature or features. Outdoor Recreationat Attractions, including those which provide visitors with opportunities to engage in leisure activities or outdoor recreational pursuits which are dircctly associated with the natural resources of a given area. [7 Historical Attractions, including those which portray the lifestyle, activities or events of a bygone era. These may be preserved, developed, and promoted to commemorate, re-create and enhance understanding of the past. Cultu~dI Attractions, including those which draw visitors wishing to experience the tine arts or performing arts associated with local artists or with those of national or intcmational promincncc. Multi-Cuihirul Atfraetiour, including thosc which fcnture displays or exhibilr promoting

8 APPENDIX I Bramalea Cilv Centre Aoolicalion for Holidav O~enlnqs. - ~nbei the ~eiail Business ~olidais Acl March an understanding of an appreciation of other traditions and cultures. Educational Attractions, including those wllich are an implicit or explicit part of all cultural and mxrlti-cultural attractions. Chinguacousy Park Holiday Inn Hotel &Conference Centre Rose Theaire, Brampton Pearson International Airpwt Cultural Activities: - Brampton's Summer Festival (amusement rides, dog shows and horse shows) Brampton Winter Festival Blazin' Summer Weekend & Firefit Combat Challenge Cruisin' for a Cure Canada (a one-day car show in support of finding a cure for prostate cancer) e Communities in Bfoom Community Showcase (music, free food, entertainment) Spring Fling in Ching (includes midway lides, bmx and skateboard demos andcom~etitions) 0 Canada Day celebrations (live enteltainment, activities, rides, fireworks choreographed to music) for which Brampton Transit offers free mundtnp shuttle service to Shoppers World Transit Terminal, Downtown Brampton Transit Terminal, Trinity Common Transit Terminal, and Mount Pleasant GO Station Annual ski and snowboard sale.

9 APPENDIX l Bramalea City Centre Application for Holiday Openings Under the Retail Business Holidays Act SECTION III AREA APPLICATION To be completed by au applicants applying for exemption on an area wide basis. Note: Any retail business esfablishmenf which on days other than holidays normally uses 2,400 square feet or more fir serving the public or normally has four or more employees serving the pttblic must itself make a separate establishment application for exemption. 1. Using Appendix 1, list all the retail establishments falling within the area proposed for exemption regwdless of whether or not the retail business establishment is one for which application is made, and provide the information requested. (If extra space is required on Appendix I, make blank photocopies of the form). 2. Using the information provided in Appendix I, what percentage of the retail business establishments in the area are directly associated with the tourist attraction or rely on tourists visitinrr the attraction for business on a holiday? % uscremc,26"ql BgawsSud-rj SECTION I11 ESTABLISIFNIENT APPLICATION To be completed by the applicant making an establishment application. Note: Any retail business establishment which on days other than holidays normally uses 2,400 square feet or more for serving the public or normally hus four or more ernployees serving the public must itself make a separate estahlishnlent application fir exempiion, 1. Complete Appendix I, for the retail business establishment for which the appfication is made and provide the information requested. (If extra space is required on Appendix I, make blank photocopies of the form).

10 APPENDIX I Bramaiea City Centre Appiication for Holiday Openings Under the Retail Business Holidays Act by Morguaid Coiporation zk To \ - be completed by all applicants. SECTION ISJ DECLARATION I,&&CU~=W ofthe C-6 of -$-&A* I Name Wg. Cily e.g. Mirskeuga inthe Cj,.-2- of T2-=(, hereby confirm that g. Regson c.g. Pecl the statements contained in this application including Appendix 1 and in any material submitted in support of this &~~&xnj$, at0 Date Position Note: The Retail Business Elolidays Act provides that the Council is not required to pass an exempting by-law even if the toorism criteria set out in the Act or any other regulation are met.

11 APPENDIX I Bramalea City Centre Appiication for Hoiiday Oneninas -,-~ " Under the Retail Business Holidays Acl 3. Applicant Names: a) List the Itarne and address of each retail business establishment seeking ereniption, or if the applicant is an association or council of a local municipalify, list /he name($ and uddress(es) of each retail business establishmertt seeking an exemption which is represented by the association or cotmcil. Also include (he mailing address for each. applicant ij"dz#erentfrom the retail btrsiners establishment(s) address. -=Fba&-'i-d-*azCCadzad &.-- p d ; L ~ U, b) Provide name and address of the principle contact person, legal counsel, or authorized agent (if any) representing the appticants to whom all correspondence will be addressed: Name of Fi: b. t ~ Ti ~ \I&-thkiif%- d l~&rlecj Contact Person: && Gkdi\i=r Address: 25?d&k'DyiVe, Unib 345 B %&, hbjga w3q5 Business Tel.: (%S) q13f; Fax: (905) 793. ' a -1% 4. Which of the following special events apply? a) Event Fair a Festival [rl Other b) Description, Location and Date(.$ cj Proposed tlottrs of Operation 19

12 APPENDIX II Bramalea City Centre Applicatioli for Holiday O~enings. - Under the Retail Business Holidays Act by Morguard Corporalion March

13 APPENDIX Ill Bramalea City Centie Application for Holiday Openings Under the Retail Business Holidays Act by Morguard Coiporalion /TOWN HALL % 631 I Old Church Road, Caledon, ON L7C 116 TOWN OF GALEDON / CALEDON I ~ i x / December 16,2010 Christina lulianetti Region of Peel 10 Peel Centre Drive Suite A, 6Ih ~Flor Brampion, Ontario L6T 4B9 Dear Ms. lulianetti: RE: Bramalea City Centre - Exception to the Retail Business Holidays Act At the regular meeting of Council held on December 14, 2010, Council passed the following resolution regarding Bramalea City Centre's application for exception from the Retail Business Holidays Act. This resolution reads as follows: That the correspondence from InterSratic Consulfing Inc. regarding Bramalea City, Cenfre Application for Holiday Openings under: The Retail' Business Holidays Act, be received; and That Council has no ob~ecfions to the application. If you have any questions regarding this resolution, please do not hesitate to contact me. Yours trulv.

14 APPENDIX Ill Brarnalea Cily Centre Applicatioii for Holiday Openings Under the Retail Business Holidays Act by Morguaid Corporation From: To: CC: Subject: Date: Attachments: Eastwood, Don Iulianetti, Christina; Cutajar, Dennis; Wilcox, Sharon; Darling, Bob; McCinty, Thomas; Evans, Earl; Walsh, Karl; Vanderberg, David [PD&D); Bramalea City Centre Request for RBHA Exemption Thursday, December 16, :24:48 PM iinage001.jpg image002.png Hi Christina... I am responding on behalf of the Economic Development Division of the City of Brampton to your request for comments on the application from Morguard Investments for an exemption under the Retail Business Holidays Act. Staff supports the application from Bramalea City Centre (BCC) for an exemption under the Act. Staff has reviewed the application from BCC, specifically the sections of their applications relating to the justification for exemption under the RBHA. Staff agrees with the contention of BCC that they are in fact a destination in and of themselves, as evidenced by the fact that as a result of their recent expansion, an increasing number of patrons travel to the centre from beyond a 40 kilometer radius, which by definition makes those patrons "tourists". Before their expansion, people from Vaughan, Georgetown, Caledon, Bolton and northern Peel Region may have chosen to shop at Square One or Sherway Gardens, but with the expansion and remerchandising undertaken at BCC, there is now the level, quality and mix of retailers that make the BCC a true retail tourist destination. Moreover, there are a number of special events that utilize BCC as a location which supports their function as a tourist destination.

15 APPENDIX Ill Brarnalea City Centre Appiication for Holiday Openings Under the Relaii Business Holidays Act In addition, the BCC is located within 2 Kilometers of the Donald M.Gordon Chinguacousy Park which is a major outdoor recreational tourist destination, which itself has the subject of a $24 million dollar renovation plan to enhance its capacity to attract and support sports events and major festivals. The BCC has always acted as a major drawing card and supports the adjacent Holiday Inn Toronto- Brampton Conference Centre which is a major component of the City's tourism infrastructure. Moreover, the BCC is the major anchor for the eastern component of the City of Brampton Central Area, as designated in the Official Plan which is the "major location for business, shopping, living, dining, entertainment, tourism and cultural activities in the City of Brampton." The exemption of BCC addresses an inequity that has existed in Peel Region since Square One was designated 2009, by providing a wider range of retail and commercial service to residents and tourists in closer proximity to people that live and visit in Brampton. Staff would argue that the 2 Kilometer limit as set out in the legislation is somewhat arbitrary and not representative of the nature of the tourism product and attractions in a suburban market context that BCC is situated within. Within 4 kilometers, and accessible by bus rapid transit, is downtown Brampton, which contains within it a number of tourist-oriented destinations such as the Peel Heritage Complex, Peel Art Gallery, Gage Park, Rose Theater, and the Brampton Farmers Market. Staff is of the opinion that exemption to allow BCC to remain open on the six statutory holidays cited in their application may also generate additional traffic to other tourist facilities in the City of Brampton. Staff is also of the opinion that the tourism destination criteria should be reviewed as it applies to other major shopping districts in Brampton, such as Downtown Brampton, Trinity Common, and Shoppers World Brampton. While staff are in support of the application by BCC, staff believe that the

16 APPENDIX Ill Bramalea City Centre Application for Holiday Openings Under the Retail Business Holidays Act?c)-A\- \b Region of Peel Council, in conjunction with the unicipalities the government of the Province of Ontario to review the regulations of the Retail Business Holidays Act RSO 1990, in order to address the uneven impact of designations of certain areas under the current Act, and review the merits of amending the legislation to allow a more balanced treatment of smaller retail areas that operate at a competitive disad retail areas under the current legislative context. DON EASTWOOD DIRECTOR, ECONOMIC DEVELOPMENT 33 Queen Street West, Brampton, ON, L6Y ll9 Direc? I Cell Fax ' don eastwood@brampton ca Please review the City of Brampton disclaimer statement at: www. bram~ton.ca/en/info-centrelpaqes/privacv-statement,aspx