Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 15, 2024
CASE NO(S).: OLT-22-002855
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
Description: to implement the new Bramalea Mobility Hub Secondary Plan Area 9
Reference Number: OP2006-173
Property Address: All lands subject to OP2006-173
Municipality/UT: City of Brampton
OLT Legacy Case No.: PL190557
OLT Case No.: OLT-22-002855
OLT Lead Case No.: OLT-22-002855
OLT 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
Description: to implement the new Bramalea Mobility Hub Secondary Plan Area 9
Reference Number: BL 232-2019
Property Address: All lands subject to OP2006-173
Municipality/UT: City of Brampton
OLT Legacy Case No.: PL190558
OLT Case No.: OLT-22-002856
OLT Lead Case No.: OLT-22-002855
Heard: Written
APPEARANCES:
Parties
Counsel
Mac Mor of Canada Ltd.
Maggie Bassani
City of Brampton
Matthew Rea
MEMORANDUM OF DECISION DELIVERED BY ERIC S. CROWE AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The Tribunal convened a Settlement Hearing with respect to appeals brought by Mac Mor of Canada Ltd. pursuant to sections 17(24) and 34(19) of the Planning Act (“Act”) for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) for the property municipally addressed as 75 Bramalea Road (the “Subject Lands”) located in the City of Brampton (the “City”), for the failure of the City’s council to adopt or to make a decision within the legislated timeframe.
2The Subject Lands are located at the southeast corner of Dearbourne Blvd. and Bramalea Rd, within the secondary plan area. The property is currently developed with a one-storey industrial building.
3The Parties propose modifications to OPA 173 and Zoning By Law 232- 2019. These proposed modifications better reflect land uses for the Subject Lands, as a result of the employment conversion approved by the Region of Peel (the “Region”) and emerging policy directions arising from the City's Official Plan Review and Major Transit Station Areas (“MTSA”) framework.
PROPOSED SETTLEMENT
4Mac Mor of Canada Ltd. and the City (collectively, the “Parties”) have agreed to a comprehensive resolution of the appeals and wish to reflect their agreement, herein before the Tribunal for approval.
5The Parties request that the Tribunal allow the appeal in part and approve the site-specific modifications to Official Plan Amendment No. OP2006-173, attached as Attachment ‘1’ to this order, and By-law 232-2019, attached as Attachment ‘2’ to this order, thereby bringing OP2006-173 into full force and effect, pursuant to section 17(50) of the Planning Act, and By-law 232-2019 into full force and effect, pursuant to section 34(26) of the Planning Act.
WITNESSES
6Evidence in support of the proposed applications was provided by Claudia LaRota, a land use planner for the City.
7The Tribunal marked the following documents as Exhibits:
Exhibit 1: Affidavit of Claudia LaRota
REGION OF PEEL OFFICAL PLAN AMENDEMNT (ROPA) - PEEL 2051
8Ms. LaRota advised, the Subject Lands are located in an area of the City designated for employment uses. In accordance with Growth Plan policies, the conversion of an employment area to permit non-employment uses may only be considered through a Municipal Comprehensive Review (“MCR”) undertaken by an upper-tier municipality, which was initiated by the Region in 2020.
9Ms. LaRota explained through the Region's MCR process, Mac Mor of Canada Ltd. requested an employment conversion to permit the redevelopment of the subject industrial property with a mix of residential and commercial uses.
10As part of the MCR, the Region supported the employment conversion request for the Subject Lands, removing the property from the Regional Employment Area.
11According to Ms. LaRota, the Subject Lands are located in proximity to a Growth Plan Priority Transit Corridor (the Kitchener GO Line) and, as such, are located within a designated MTSA. The Region has identified the Bramalea GO MTSA as a "Primary" station. Primary MTSAs are intended to accommodate the minimum density targets set up by the Growth Plan.
12Ms. LaRota submitted, MTSAs are intended to develop as mixed-use and transit-supportive communities at densities that support higher-order transit. MTSAs are planned to be vibrant public destinations, supporting a mix of uses, a variety of housing types and amenities, and attracting new employment and high-quality job opportunities in complete, walkable communities.
13On November 4, 2022, the Minister of Municipal Affairs and Housing approved the "Peel 2051 Municipal Comprehensive Review", the Region's Official Plan Amendment (“ROPA”), which was adopted by Regional Council in April 2022.
BRAMPTON PLAN (OFFICIAL PLAN REVIEW) AND MTSA PROCESS
14Ms. LaRota advised that the City recently completed its Official Plan Review, which culminated with the adoption of the City’s new Official Plan (the “Brampton Plan” and the “OP”) in November 2023. The OP still needs to be approved by the Region to be in full force and effect.
15According to Ms. LaRota, the removal of the Subject Lands from the Region's Employment Area has been reflected through the City's Official Plan Review. The property is designated in the OP as "Neighbourhoods".
16Ms. LaRota submitted, as part of the official plan conformity exercise, Brampton is undertaking a comprehensive study for its "Primary" MTSAs to implement a local policy framework that facilitates transit-oriented development in these areas. The study has identified, at an official plan level, appropriate land uses and minimum densities for each designation within the MTSA boundary, including the Subject Lands. The Brampton Plan includes 14 land use schedules, corresponding to the City's Primary MTSAs.
17According to Ms. LaRota, the Bramalea GO MTSA schedule (Schedule 13a - Kit -2 Bramalea GO Land Use Plan) shows that the Subject Lands have been designated "High-Rise Mixed Use". This designation will allow the development of the property for a high-rise apartment building, with retail/commercial uses at grade. Appropriate heights and densities for this site will be reviewed as part of the next phase of the MTSA work to be completed in Q1/Q2 2024 or as part of any owner initiated OPA/ZBA application and will be reflected through future amendments to the Bramalea Mobility Hub Secondary Plan.
OPA 173 AND ZONING BY LAW 232-2019
18Ms. LaRota advised, the Bramalea Mobility Hub Secondary Plan (“OPA 173”) includes lands within an approximate 800 metre (“m”) radius from the Bramalea GO station, which is now designated as a MTSA. The OPA 173 was adopted as an interim policy framework to guide redevelopment of the existing low-density employment area while the MTSA study is completed.
19Ms. LaRota advised, in early 2018, Planning staff initiated a land use study for lands within an 800 m radius from the Bramalea GO station, which formed the basis for drafting the OPA 173 , recognizing that this was an interim policy framework while additional land uses and densities were recommended as part of the MTSA study initiated in late 2021.
20On September 23, 2019, staff presented a recommendation report to Planning Committee as well as the proposed OPA implementing the OPA 173 and five site-specific amendments to the City's comprehensive zoning by-laws.
21According to Ms. LaRota, the report recommended approval of the OPA and zoning by-laws on the basis that they represent good planning, including that they are consistent with the Provincial Policy Statement, 2020, (“PPS”) and conform with the Growth Plan for the Greater Golden Horseshoe, 2020, (“Growth Plan”), Region of Peel’s Official Plan, 2022, (“Region OP”) and City’s OP.
22On September 25, 2019, the City’s Council adopted the recommendations of the September 23, 2019, Planning Committee Meeting by Resolution C356-2019. The City issued a Notice of Adoption of Official Plan Amendment 173 implementing the OPA 173, and five site-specific Zoning By-laws, including By-law 232-2019, applicable to the Subject Lands. The Notice provided a description of the purpose and effect of the official plan amendment and location of the lands affected by OPA-173 and the five site-specific Zoning By-Laws and indicated the last day to appeal the City Council's decision.
23On October 30, 2019, Mac Mor of Canada Ltd. appealed OPA-173 and Zoning By-Law 232-2019. The appeal letter indicates that the adopted instruments were premature, pending completion of the Region's MCR process.
24In Ms. LaRota’s opinion, the modified secondary plan policies have regard to matters of Provincial Interest contained in Section 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.
25According to Ms. LaRota, the secondary plan policies will facilitate the development of the Subject Lands with higher-order transit uses that will contribute to the creation of housing, employment and retail opportunities in close proximity to the Bramalea GO MTSA. The secondary plan policies, as modified, also have regard for the appropriate location of growth and development and promote development that is designed to be sustainable and support public transit.
Provincial Policy Statement, 2020
26In Ms. LaRota’s opinion, the proposed modifications to OPA 173 and zoning by-law 232- 2019 are consistent with policies contained within the PPS. Specifically, section 1 of the PPS which 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. The proposed modifications consider that the area surrounding the Bramalea GO station has been identified as an appropriate location to accommodate transit-supportive development through intensification.
Growth Plan for the Greater Golden Horseshoe, 2020
27In Ms. LaRota’s opinion, the secondary plan, as modified, is consistent with the Growth Plan, specifically with respect to policies regarding the direction to create urban forms that optimize infrastructure, particularly along transit corridors, and to support the achievement of complete communities through a more compact built form.
28According to Ms. LaRota, the area surrounding the Bramalea GO station has been identified in the Growth Plan as a MTSA within a priority transit corridor, and the secondary plan, as modified, encourages the development of a mix of uses to support existing and planned transit service levels. The transformation of the existing low-density employment area into higher-order uses is consistent with policies of the Growth Plan that promote economic development by making more efficient use of existing employment areas.
29In Ms. LaRota’s opinion, the secondary plan, as modified, will assist the City in achieving the density targets set for this MTSA in the Growth Plan (150 residents and jobs combined per hectare).
Region of Peel Official Plan, 2022
30Ms. LaRota submits, that the designations and policies contained in the secondary plan conform to the Region OP general goals contained in section 1.7, in particular to goals to creating healthy, equitable and sustainable regional communities for those living and working in Peel, to recognizing the importance of a vital, competitive and diverse economy and to supporting growth and development which takes place in a sustainable manner.
31In addition, policies in section 5.6.19 direct Bampton to achieve the minimum density targets prescribed in the Regional OP for all MTSAs through the completion of a comprehensive planning study. The Region also allows the review of development applications in advance of the completion of the MTSA study when it has been demonstrated that the proposal will contribute to transitsupportive densities, supports a compact urban form and provides a range and mix of housing options.
32The Region's MCR removed the Subject Lands from the employment area, identifying this property as being appropriate to redevelop for residential uses.
Brampton Plan, 2023
33On November 1st, 2023, Brampton Council adopted the Brampton Plan to bring the City’s official plan into conformity with the Region's OP, approved in November 2022.
34According to Ms. LaRota, the Brampton Plan recognizes the removal of the Subject Lands from the Region's employment area and designates it as "Neighbourhoods," allowing a wide range of non-employment uses, including residential uses. In Ms. LaRota’s opinion, the proposed modifications to the secondary plan and zoning by-laws conform to the policies contained in the Brampton Plan.
Brampton 2006 Official Plan
35The City’s 2006 Official Plan (“2006 OP”) remains in force, pending approval of Brampton Plan. According to Ms. LaRota, the secondary plan conforms to the relevant policies of the 2006 OP. The Bramalea GO station is identified in the 2006 OP as a Gateway Mobility Hub, as one of the areas in the City that it 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 (per policy 3.2.5.1.5), to accommodate significant population and employment growth. The secondary plan recognizes the potential of this area to redevelop over time with higher density and mixed uses within walking distance of the GO station.
36Ms. LaRota advised, the 2006 OP designates the Subject Lands as "Office", on Schedule A (General Land Use Designations) as, at the time of adoption of this 2026 OP, the property was located within an employment area, however, it is noted that this 2006 OP is to be repealed upon the Region approving the Brampton Plan.
37Ms. LaRota submits, while it is recognized that there is a technical non-conformity with the 2006 OP designation as "Office", which still remains in effect, she is satisfied that the updated policy directions within the Brampton Plan, including the MTSA policies, have resolved this technical non-conformity. In Ms. LaRota’s opinion, through the adoption of the Brampton Plan, the Subject Lands have been correctly designated in order to conform with the employment conversion approved through the Region's MCR in 2022.
SUMMARY
38In Ms. LaRota’s opinion, the requested OPA and ZBA application represents good land use planning, is consistent with the policies of the PPS, conforms with the policies in the Growth Plan, is consistent with the Region and City’ OPA-173 and maintains the intent and purpose of the City’s Zoning By-law No. 232-2019.
FINDINGS AND DISPOSITION
39In the absence of any planning evidence to the contrary, the Tribunal finds and accepts the land use planning evidence and opinion provided by Ms. LaRota, that the proposed OPA and ZBA conform with the applicable municipal plans and, correspondingly, satisfy all of the criteria of the Act, represent good planning and are in the public interest.
40The Tribunal acknowledges the cooperation between the Parties to reach a Settlement.
41As previously ordered by the Tribunal (October 9, 2020), the Official Plan Amendment No. 2006-173 is in full force and effect, save and except for lands municipally known as 69 Bramalea Road (69 Bramalea Holdings Limited) and 75 Bramalea Road (Mac Mor of Canada Limited), and that Zoning By-law Amendment No. 232-2019 is in full force and effect, save and except lands municipally known as 75 Bramalea Road (Mac Mor of Canada Ltd.) without prejudice to the adjudication and determination of Mac Mor of Canada’s site-specific appeals.
42As previously ordered by the Tribunal (July 9, 2021), the appeal of 69 Bramalea Holdings Ltd. is allowed, in part, and the site-specific proposed modifications to Official Plan Amendment No. 2006-173, as agreed to by the City and 69 Bramalea Holdings Ltd., are approved and the appeal of 69 Bramalea Holdings Ltd. is otherwise dismissed, without costs.
ORDER
43THE TRIBUNAL ORDERS that the appeals are allowed in part and:
a. The Tribunal orders that Official Plan Amendment No. OP2006-173 to the Official Plan for the City of Brampton is modified as set out in Attachment 1 to this Order thereby bringing OP 2006-173 into full force and effect pursuant to s. 17(50) of the Planning Act;
b. The Tribunal orders that By-Lay 232-2019 is approved as set out in Attachment 2 to this Order thereby bringing zoning By-law 232-2019 into full force and effect pursuant to s. 34(26) of the Planning Act.
c. The Tribunal orders that in all other respects, the appeal is dismissed.
“Eric S. Crowe”
ERIC S. CROWE
MEMBER
Ontario Land Tribunal
Website: www.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.
Attachment ‘1’
Attachment ‘2’