Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 18, 2024
CASE NO(S).: OLT-24-000387
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Soneil Brampton lnc.
Subject: Request to amend the Official Plan – Refusal of request
Description: To permit an eight-storey, 82-unit development with ground-floor retail
Reference Number: OZS-2019-0053
Property Address: 75 Clarence Street
Municipality/UT: Brampton/Peel
OLT Case No: OLT-24-000387
OLT Lead Case No: OLT-24-000387
OLT Case Name: Soneil Brampton Inc. v Brampton (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit an eight-storey, 82-unit development with ground-floor retail
Reference Number: OZS-2019-0053
Property Address: 75 Clarence Street
Municipality/UT: Brampton/Peel
OLT Case No: OLT-24-000388
OLT Lead Case No: OLT-24-000387
Heard: September 27, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Soneil Brampton Inc. (“Appellant”) | Max Reedijk, Katarzyna Sliwa (in absentia) |
| City of Brampton (“City”) | Bruce Engell |
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON SEPTEMBER 27, 2024 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The Tribunal convened a Settlement Hearing concerning an appeal by the Appellant of the City’s decision to deny applications for an Official Plan Amendment (“OPA”) pursuant to s. 22(7) and for a Zoning-By-law Amendment (“ZBA”) pursuant to Section 34(11) both of the Planning Act. The Subject Property is municipally known as 75 Clarence Street (“Subject Property”).
2The applications propose to amend the Flowertown Secondary Plan and ZBA 270-2004. The Appellant is proposing to redevelop the Subject Property with a mixed-use development. More specifically, the existing commercial/retail building is to be demolished and the surface parking areas would be replaced with a new mixed-use development to permit the construction of an eight-storey apartment building with 82 residential units and 443 square metres of ground-floor retail.
3The staff report (“Staff Report”), dated January 15, 2024, recommended the applications be approved. City Council denied the applications on February 28, 2024, based on compatibility, scale and massing, and undue impact, including traffic, on the existing community. Subsequently, on April 2, 2024, the Appellant appealed City Council’s decision to refuse the Applications to the Tribunal.
SURROUNDING AREA
4The Subject Property is a rectangular-shaped parcel with a frontage of approximately 40 metres along Clarence Street and a gross site area of approximately 0.34 hectares.
5The Subject Property is situated along a collector road located part-way between Queen Street and Kennedy Road, major arterial roads providing access to employment uses, recreational activities and connectivity to inter- and intra-regional transit opportunities. The Subject Property is connected to an existing bus route system and offers opportunities to engage in active transportation. The Subject Property is in close proximity to the Future Hurontario LRT, which will provide additional rapid transit opportunities within the area. The Subject Property is also located proximally to the Central Area, described in the City’s Official Plan (“OP”), as intended to develop in accordance with policy frameworks that involve the provision of a mix of uses and intensification strategies.
6The surrounding lands are generally comprised of a mixture of residential (primarily single-detached housing), institutional, and commercial uses.
7The Subject Property has the following designations under the City’s OP:
a. “Residential” per the City’s OP, Schedule “A” General Land Use Designations which permits predominately residential land uses including a full range of dwelling types.
b. “Convenience Retail” per the City’s OP Schedule A2, Retail Structure within the City’s OP, which permits a variety of small-scale retail uses.
c. “Service Commercial” in the City’s OP, Flowertown Secondary Plan Area which permits small scale retail stores, supermarkets or specialty stores, junior department stores, pharmacies, and restaurants among other uses.
8Per the City ZBA, No. 270-2004, the Subject Property is zoned Service Commercial, which, among other uses, permits a bank, office, and retail establishment having no outside storage. No residential uses are permitted in this zone.
9The proposed development requires the following relief from the City’s OP and the City’s Z