Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 24, 2021
CASE NO(S).: PL171333
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2366885 Ontario Inc.
Subject: Application to amend Zoning By-law No. 270-2014 - Neglect of City of Brampton to make a decision
Existing Zoning: Agricultural (A)
Proposed Zoning: To be determined
Purpose: To permit residential development
Property Address/Description: 10194 Heart Lake Road
Municipality: City of Brampton
Municipality File No.: C02E11.022
OLT Case No.: PL171333
OLT File No.: PL171333
OLT Case Name: 2366885 Ontario Inc. v. Brampton (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2366885 Ontario Inc.
Subject: Proposed Plan of Subdivision - Failure of the City of Brampton to make a decision
Purpose: To permit residential development
Property Address/Description: 10194 Heart Lake Road
Municipality: City of Brampton
Municipality File No.: 21T-11003B
OLT Case No.: PL171333
OLT File No.: PL171334
Heard: October 12, 2021 by video hearing and October 18, 2021 by written submission
APPEARANCES:
Parties
Counsel
2366885 Ontario Inc. (later assumed by Van Dyke – Heart Lake Limited)
Patrick Harrington
City of Brampton
Matthew Rea
Toronto and Region Conservation Authority
Tim Duncan
DECISION DELIVERED BY M.A. SILLS AND INTERIM ORDER OF THE TRIBUNAL
1The parties have reached a settlement in the matter of an appeal by the former owner of the property 2366885 Ontario Inc., and subsequently assumed by the current owner, Vandyke Van – Heart Lake Limited (“Vandyke), from the refusal or neglect of the City of Brampton (the “City”) to amend Zoning By-law No. 270-2004 (the “ZBA”) for the lands located at 10194 Heart Lake Road (the “subject lands/ property”).
2Chris Barnett, who has been monitoring this matter on behalf of his client Senator Homes (Discover ll) Inc. (“Senator Homes”), was also in attendance. Senator Homes owns lands to the east of the property.
3The subject property is designated “Residential” and “Open Space” in the City’s Official Plan (“COP”) and “Urban System” in the Region of Peel Official Plan (“ROP”).
4The subject lands are located within the north-western portion of the City, north of Bovaird Drive East and west of Highway 401 and have approximately 320 metres (“m”) of street frontage on the east side of Heart Lake Road. The property encompasses an area of approximately 9.06 hectares (“ha”), 3.91 ha of which are developable lands.
5The property being proposed for residential development is currently vacant, with Provincially Significant Wetlands (“PSW”) located within the north (PSW No. 31) and south (PSW No. 33) portions of the developable area.
The Development Proposal
6The original application was filed by the previous owner of the property in 2011. That proposal was substantially revised in 2017 by the current owner, Vandyke.
7The current proposal is for a residential development consisting of 200 dwelling units within fifteen (15) blocks of townhouses. A private condo road connection to Heart Lake Road is proposed to provide access to the units and the future developable land east of the former Heart Lake Road right of way owned by Senator Homes.
8The ZBA includes the wetlands to the north and south (including respective buffers) of the developable area, with a total of 5.15 ha of the property being dedicated to Open Space and landscape buffer blocks.
9The subject property is currently zoned Agricultural (A). The purpose and effect of the proposed ZBA is:
a. to rezone the developable portion of the property to Residential Townhouse A – Section 35260 (R3A-3560) and Open Space (OS).
b. to allow townhouse dwelling units, back to back townhouse dwelling units, stacked townhouse dwelling units, stacked back to back townhouse dwelling units, and purposes accessory to other permitted purposes, as permitted building types on the developable portions of the property, and establish a maximum of 200 units for the proposed residential development.
c. to introduce site-specific performance standards for the proposed 200 townhouse units.
d. to reflect the protection of the existing wetlands located within the property to the north (PSW No. 31) and south (PSW No. 33), their proposed landscaped buffers, and a green corridor running along the east edge of the developable portion of the property, all of which will be zoned OS.
e. to establish maximum building height and minimum dwelling unit width performance standards for the building types being proposed.
Planning Evidence
10Theodore Cieciura was qualified by the Tribunal to proffer expert land use planning evidence and opinion to support the development application and proposed ZBA. Mr. Cieciura is an experienced Registered Professional Planner and a Member of the Canadian Institute of Planners and the Ontario Professional Planners Institute.
11Following his review and analysis of the policy and regulatory framework for the property, Mr. Cieciura concluded that the residential development being proposed is appropriate and represents good land use planning.
12The subject lands are within a defined settlement area and the proposal contemplates a land use pattern that is designed specifically to add a density of housing in an efficient way, while minimizing impacts to abutting environmental features by the incorporation of appropriate buffers.
13The development proposal provides for a logical extension of land uses in this area of the City. The property is a vacant parcel of land within an area that has experienced development over the past few decades. The subject lands are located in an area that has available municipal services, commercial and recreational amenities, and is well served by transportation and road networks.
14It is his opinion that the proposed ZBA facilitates development that has regard for the matters of Provincial interest set out in s. 2 of the Planning Act, is consistent with the Provincial Policy Statement, 2020 (“PPS”), conforms to the Growth Plan for the Greater Golden Horseshoe, 2019, as amended in 2020 (“GP”), the COP and the ROP.
15The development proposal provides for the orderly development of a safe and healthy community in a location that is appropriate for growth and residential development. The development that is being proposed is well designed, encourages a sense of place, supports public transit, and provides for public spaces that are high quality, safe, accessible, attractive and vibrant.
16The proposal facilitates development in a variety of compact forms, while maximizing existing underutilized lands in a designated urban area, while also ensuring that the two PSWs and associated buffers and connecting green corridor are zoned in a protective manner.
17In his opinion, the introduction of residential development on a parcel of land with easy access to the regional and provincial road network and well-served by municipal and commercial amenities contributes to the efficient development of the City and the area west of Highway 410 in a positive manner.
18The GP directs growth to settlement areas that have existing or planned municipal water and wastewater systems and can support the achievement of complete communities. The GP seeks to achieve minimum intensification targets by encouraging intensification within the delineated built-up area, and to ensure that urban lands are zoned and designed to support the achievement of complete communities. The proposal will assist the City in achieving these objectives.
19The subject property is within a defined settlement area and is designated “Urban System” by the ROP. The growth management policies of the ROP are consistent with the related policies of the GP.
20The ROP focuses on providing housing types, densities, sizes and tenure to meet the projected needs and requirements of current and future residents. The proposed plan includes medium-density townhouse development in an urban context within an area with existing municipal services and in proximity to local and regional transit servicing. Compact and dynamic community design techniques will be incorporated in the development proposal to provide for an appropriate style of housing that will contribute positively to the lifestyle of current and future residents.
21The addition of this subdivision to the City’s built form will assist the City and the Region to meet intensification goals in a responsible and appropriate manner. The environmental rehabilitation efforts being made in regard to the PSWs respects and supports the Region’s commitment to pursuing environmentally responsible development.
22The objectives of the COP are: to encourage development of built forms that enhance the characteristics of the neighbourhood; protect and enhance natural heritage; promote public safety; encourage intensification; and create attractive streetscapes. The COP strives to accommodate residential growth by promoting and facilitating intensification throughout the built-up area and ensuring compact, complete greenfield neighbourhoods.
23The proposed ZBA to implement the development proposal conforms to the policies of the COP by providing for a more efficient use of the land, creating a wider variety of dwelling types, utilizing existing municipal services in an efficient manner, and preserving the natural environment.
24In summary, it is Mr. Cieciura’s professional opinion that the development of 200 residential townhouse dwelling units on the subject lands respects and enhances the localized natural heritage; meets the criteria specified under the Planning Act; is consistent with the policies of the PPS; conforms to the GP and the ROP, and appropriately implements the COP. It is his view and recommendation that the ZBA be approved.
Analysis and Disposition
25The Tribunal accepts the uncontested planning evidence and opinions of Mr. Cieciura in support of the zoning amendments to facilitate the residential development of the subject lands in the manner proposed.
26The Tribunal is satisfied that the proposed ZBA facilitates orderly residential development on vacant lands within an area that contemplates a range and mix of housing types and forms. The development proposal makes efficient use of vacant lands utilizing existing and available municipal servicing infrastructure, while also ensuring that the natural environment and heritage features on the property and in the area are being appropriately protected and preserved.
27The Tribunal finds that the development proposal is consistent with the land use planning policy directives of the Province and conforms to the policy intent of the ROP and the COP. The proposal, as implemented by the ZBA, represents good land use planning and is in the public interest.
INTERIM ORDER
28The Tribunal orders that the appeal is allowed in part, and Zoning By-law No. 270-2004, as amended, is further amended in the manner set out in Attachment 1 to this order.
29At the request of the parties, the Tribunal will withhold the Final Order pending written confirmation of the following:
The parties and the participant have fully executed Minutes of Settlement;
The Owner has registered a private access and servicing easement across the subject property to the benefit of Senator Homes to the satisfaction of the City of Brampton; and
A satisfactory update to the Functional Servicing Report has been provided to the Toronto and Region Conservation Authority to address site water balance targets and feature-based water balance.
30The Tribunal may be spoken to regarding issues arising from the implementation of this Order.
31The parties are expected to provide a status update on the progress in fulfilling these conditions no later that 120 days from the date of issue of this order.
“M.A. Sills”
M.A. SILLS
VICE-CHAIR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.