Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 09, 2021

CASE NO(S).: PL190557

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 69 Bramalea Holdings Limited

Appellant: Mac Mor of Canada Ltd.

Subject: Proposed Official Plan Amendment No. OP2006-173

Municipality: City of Brampton

LPAT Case No.: PL190557

LPAT File No.: PL190557

LPAT Case Name: Mac Mor of Canada Ltd. V. Brampton (City)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Mac Mor of Canada Ltd.

Subject: By-law No. BL 232-2019

Municipality: City of Brampton

LPAT Case No.: PL190557

LPAT File No.: PL190558

Heard: March 5, 2021 by Telephone Conference Call

APPEARANCES:

Parties

Counsel

69 Bramalea Holdings Limited

Johanna Shapira

Mac Mor of Canada Ltd.

Maggie Bassani

City of Brampton

Matthew Rea

Region of Peel

Rachel Godley

MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON MARCH 5, 2021 AND ORDER OF THE TRIBUNAL

1This was a settlement hearing in the matter of appeals by 69 Bramalea Holdings Limited (“Medallion”) of the adoption by the Council of the City of Brampton (“City”) of Official Plan Amendment No. OP2006-173 (“OPA 173”) and the passing of Zoning By-law Amendment No. 232-2019 (“ZBA 232-2019”). Medallion owns the lands municipally known as 69 Bramalea Road, in the City of Brampton (the “Medallion Site”).

2The Medallion Site is located at the northeast corner of East Drive and Bramalea Road and is currently developed with a one-storey multi-unit industrial and commercial building. The building is listed as a heritage resource in the municipal register.

3The purpose and effect of OPA 173 is to implement the Bramalea Mobility Hub Secondary Plan (“Secondary Plan”), which expands the boundaries of the Bramalea Road South Gateway Secondary Plan to include lands within an approximate 800 metre (“m”) radius of the Steeles/Bramalea intersection and provides an interim planning framework to guide and manage appropriate development, redevelopment and growth within lands subject to the Secondary Plan while a Master Plan is undertaken for the Mobility Hub.

4The Medallion Site is located within the new Secondary Plan area. The Secondary Plan designates the Medallion Site as “Mixed-Use – Office and Retail”. The land designation in the Secondary Plan does not permit residential uses on the Medallion Site, contrary to the policies of OPA 133.

5The City and Medallion have reached an agreement to resolve Medallion’s appeal, the substance of which is contained in duly constituted Minutes of Settlement.

6The City and Medallion are jointly requesting that the Tribunal approve modifications to OPA 173, the purpose of which modifications are to allow the implementation of OPA 133 through an application for amendment to the Secondary Plan that is the subject of OPA 173, which may proceed prior to any further master planning or municipal comprehensive review exercise for the area. The proposed modifications to OPA 173 are contained in Schedule “A” to the Minutes of Settlement.

7Claudia La Rota provided contextual and land use planning evidence and opinion to support the proposed settlement. Ms. La Rota is a registered professional planner employed by the City and a Full Member of the Canadian Institute of Planners and the Ontario Professional Planners Institute.

8In Ms. La Rota’s professional opinion, the proposed modification to OPA 173 contained in Schedule “A” to the Minutes of Settlement appropriately implement the policy language of OPA 133 by recognizing the high density residential and retail permissions for the Medallion Site and acknowledging that Medallion may proceed with a further Secondary Plan Amendment before a Comprehensive Master Planning for the Mobility Hub is completed. In her opinion, the proposed high density uses are in keeping with the vision for the mobility hub and will not adversely impact the future planning for the area.

The [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html)

9The modified Secondary Plan policies have regard to matters of Provincial interest contained in s. 2 of the Planning Act, in terms of the orderly development of safe and healthy communities and the adequate provision of a full range of housing and employment opportunities. The Secondary Plan policies will facilitate the development of the Medallion Site with a high rise, mixed use building that will contribute to the creation of housing and employment retail opportunities in close proximity to the Bramalea GO station. The Secondary Plan policies, as modified, also have regard for the appropriate location of growth and development, promote development that is designed to be sustainable and supports public transit.

The Provincial Policy Statement, 2020

10The proposed modifications to OPA 173 are consistent with the policies contained within the Provincial Policy Statement, 2020 (“PPS”). Section 1 of the PPS outlines policies with respect to promoting efficient and cost-effective development and land use patterns that minimize land consumption and servicing costs. The policies contained in the Secondary Plan identify appropriate locations and promote opportunities for intensification and redevelopment of underutilized industrial areas and promote the efficient use of land and resources with a mix of uses and densities that support active transportation and are transit supportive. In addition, the policies will facilitate the development of a mixed-use residential building that will contribute to the creation of an appropriate range and mix of housing options to meet projected needs of current and future residents in the area.

The Growth Plan for the Greater Golden Horseshoe, 2019

11The Secondary Plan as modified is consistent with the Growth Plan for the Greater Golden Horseshoe, 2019, (“GP”), specifically with respect to policies regarding the direction to create urban forms that optimizes infrastructure, particularly along transit corridors, to support the achievement of complete communities through a more compact building form.

12The area surrounding the Bramalea GO Station has been identified in the GP as a Major Transit Station Area (“MTSA”). The Secondary Plan as modified, encourages a mix of higher density residential and employment (retail) uses adjacent to a higher order transit station. The transformation of the existing low-density employment area into higher order uses is consistent with the policies of the GP that promote economic development by making more efficient use of existing employment densities.

13The designations and policies contained in the proposed Secondary Plan conform to the Region of Peel Official Plan goals contained in s. 1.3.6, in particular, creating healthy and sustainable regional communities for those living and working in the Region of Peel; recognizing the importance of a vital, competitive and diverse economy; and supporting growth and development which takes place in a sustainable manner.

14Policy 5.3.3.2.5 directs Brampton to identify MTSAs in the OP to support increased employment densities to ensure the viability of transit and a mix of uses.

Brampton Official Plan

15The Secondary Plan conforms to the relevant policies of Brampton’s OP. The Bramalea GO Station is identified in the OP as a Gateway Mobility Hub, one of the areas in the City that is planned to accommodate higher density mixed uses that will contribute to the development of compact complete communities. Section 3.2.5.1.2 indicates that Mobility Hubs are intended to develop with buildings generally 3-25 storeys in height, with more detailed massing and density guidelines in the comprehensive master plan for the area (Policy 3.2.5.1.5.), to accommodate significant population and employment growth. The Secondary Plan recognizes the potential of this area of the City to redevelop over time with higher mixed uses within walking distance of the GO station.

16In the Official Plan (“OP”), Policy 3.2.5.1.5 requires the City to prepare a Comprehensive Master Plan for the Mobility Hub, together with a review of the Secondary Plan, to guide land uses, the distribution of intensity and urban form. The proposed amendments to the Secondary Plan are intended to create an interim policy framework to facilitate the short-term development of higher order uses until a Comprehensive Master Plan for the area is undertaken and appropriate land uses are further refined.

17In accordance with s. 3.2.5.1.5 of the OP, individual applications may proceed prior to the completion of the Master Plan, provided they are in keeping with the intent of the OP policies and do not compromise the outcome of the master planning process. The proposed modifications to OPA 173 continue to align with the proposed interim policy framework contained in the Secondary Plan and will not impact the future master plan for the area.

18In conclusion, it is Ms. La Rota’s professional opinion that the proposed modifications to OPA 173 contained in Schedule “A” to the Minutes of Settlement and included as Exhibit “F” to this Affidavit represent good land use planning and are in the public interest.

19The Tribunal accepts the land use planning evidence and opinions of Ms. La Rota in the disposition of the appeal of 69 Bramalea Holdings Ltd.

ORDER

20The Tribunal orders that the appeal of 69 Bramalea Holdings Ltd. is allowed in part, and the proposed modifications to Official Plan Amendment No. 2006-173, as agreed to by the City and 69 Bramalea Holdings Ltd., attached as Schedule “A” and forming part of this Order.

21The Tribunal further orders that the appeal by 69 Bramalea Holdings Ltd. is otherwise dismissed.

“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.

SCHEDULE “A”

Policy Modifications to OPA-173 for 69 Bramalea Road

1. That the last bullet point in section 4.0 “General Objectives and Criteria” on page 5 of OPA-173 be amended in accordance with the following tracked text as it pertains to 69 Bramalea Road:

Notwithstanding the interim objectives listed above and the future Municipal Comprehensive Review process, high density residential and retail uses for the property municipally known as 69 Bramalea Road are already permitted by OPA 133, which is now in effect. The mixed-use apartment building that is permitted by OPA 133 will be implemented through further amendments to this Secondary Plan, which may include amendments to the text, policy and/or schedules of this Plan. The implementation of the mixed-use apartment building that is permitted by OPA 133 may occur prior to any further master planning process, including the MTSA process, or municipal comprehensive review for this area. may be considered through an amendment to this Plan, only if the Local Planning Appeal Tribunal (LPAT) approves the employment conversion

2. That the third paragraph of section 5.0 “Land Use Principles” on page 6 of OPA-173 be amended in accordance with the following tracked text as it pertains to 69 Bramalea Road:

Those coverages and building heights may be revised as a result of the recommendations arising from the MTSA study, and a comprehensive Master Plan for the Mobility Hub, or the consideration of a future development application to implement OPA 133, which may include, amongst other amendments, amendments to the Floor Space Index (FSI) shown in Schedule 9(c) as it relates only to 69 Bramalea Road.