Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
March 20, 2024
CASE NO(S).:
OLT-22-004628
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Liquor Control Board of Ontario
Subject:
Zoning Bylaw Amendment
Description:
To permit a 42-storey and 37-storey mixed-use development containing 928 residential units
Property Address:
31-33 George Street N and 18-28 Elizabeth Street N
Municipality/UT:
Brampton/Peel
Municipal File No.:
OZS-2021-0053
OLT Case No.:
OLT-22-004628
OLT Lead Case No.:
OLT-22-004628
OLT Case Name:
Liquor Control Board of Ontario v. Brampton (City)
Heard:
February 12, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Greenwin Corp. (“Greenwin”)
Sweeny Holdings Ltd. (“Sweeny”)
Liquor Control Board of Ontario
(“LCBO” or “Appellant”)
J. Park
M. Laskin
City of Brampton (“City”)
Canadian National Railway Company
(“CNR”)
Metrolinx
A. Peebles
J. Jakubowski
C. Gibson
MEMORANDUM OF ORAL DECISION DELIVERED BY gregory j. INGRAM on FEBRUARY 12, 2024 AND ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION AND BACKGROUND
1The matter before the Tribunal concerns an Application filed by Greenwin and Sweeny (“Applicant”) to seek an amendment of the City’s Zoning By-law (“ZBA”) to permit a 42-storey and 37-storey mixed-use development containing 928 residential units on the lands municipally known as 31-33 George Street North and 18-28 Elizabeth Street North in the City (“Site”).
2The City’s Planning and Development Committee recommended approval of the Application in September 2022 with the support of a City Planning Staff report. City Council subsequently adopted By-Law 216-2022 (“ZBL”). The Liquor Control Board of Ontario (“LCBO”) appealed the ZBL in October 2022.
3The LCBO property abuts the Site to the East and the South and consists of a single-storey commercial building currently being used as a LCBO retail store with surface-level parking and a loading zone.
4The issues identified in the LCBO Appeal are related to massing and built form resulting in concerns with setbacks both at the podium and tower levels and the reliance on LCBO lands to achieve building separations. The LCBO contends that the approved ZBL results in a significant future impact on their property in terms of light, views, and potential privacy issues.
5In March 2023, a Case Management Conference (“CMC”) was held regarding this Appeal and Party status was granted to Canadian National Railroad Company (“CNR”) and Metrolinx. Both own property and conduct operations near the Site. They agreed to shelter under issues raised by the LCBO.
6Consultations occurred over several months and resulted in a settlement between the Applicant and LCBO. A separate agreement with CNR regarding operational emissions from the rail line close to the Site was also reached in the form of a development agreement and an environmental easement. Metrolinx and CNR as Parties to the Appeal support the Proposed Development and ZBA reflected in the Minutes of Settlement.
7Settlement materials were submitted to the Tribunal, including the Minutes of Settlement, which were submitted before this Hearing, at which time it was requested that the Settlement Proposal be heard at the scheduled CMC.
8In accordance with Rule 12 of the Tribunal’s Rules of Practice and Procedure, the Tribunal convened these proceedings as a Settlement Hearing on the terms of the Settlement Proposal.
SETTLEMENT PROPOSAL
9The Settlement resolves the Appeal launched by the LCBO and is supported by the uncontested Affidavit evidence of Lincoln Lo through his opinion evidence in land use planning.
10The revised ZBA before the Tribunal reflects the settlement discussions between the Parties and the revised development concept is consistent with the revisions proposed.
11The revised ZBA permits commercial uses, an apartment dwelling, a community centre and accessory, establishes a definition for building floor plate and clarifies the established grade and the front lot line for the purposes of the ZBL.
12Regarding concerns raised by the LCBO and other Parties, the Applicant revised the Proposed Development to increase the setback for the fifth and tenth floors along the property line between the LCBO and the Site. The setback was increased on floors five through ten of the North Tower if windows or doors are present in the design. These changes are intended to provide adequate separation, should the LCBO lands be redeveloped in the future.
LEGISLATIVE CONTEXT
13The issues that the Tribunal must address when adjudicating a ZBL Appeal are whether the proposed instruments:
a) Are consistent with the Provincial Policy Statement, 2020 (“PPS”);
b) Conform with applicable Provincial Plans (in this case, the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 (“Growth Plan”);
c) Conform with applicable Official Plans and the Zoning By-Law for the City of Brampton; and,
d) Represent good planning.
14The Tribunal must have regard to the matters of provincial interest set out in s. 2 of the Planning Act and have regard to the information and materials that the City received concerning the matters under s. 2.1(2) of the Planning Act.
HEARING AND FINDINGS
15Mr. Lo, a Registered Professional Planner and member of the Canadian Institute of Planners, was qualified by the Tribunal to provide land use planning opinion evidence and delivered a comprehensive contextual and planning rationale supporting the revised ZBA.
16As evidence in the Hearing, five documents were marked as exhibits:
Affidavit of Service;
Minutes of Settlement;
Affidavit of Lincoln Lo;
Exhibits Compiled; and
Draft Zoning By-Law (submitted Feb. 7).
17The Conceptual Site Plan/Proposed Development and Minutes of Settlement are included in Exhibit 4 which Mr. Lo opined represent good planning and are consistent with, and in conformity to, provincial policies and the Regional and City Official Plans.
18Mr. Lo opined that the revised ZBA provides for greater regulatory controls and specific details related to the design and massing to address the concerns expressed by the Appellant. Specifically, the revised ZBA (Exhibit 3, pg. 39):
a. Identifies specific minimum front, side, rear and interior setbacks which vary at different heights depending on which street it is facing;
b. Sets various interior side yard setbacks based on the presence of windows or doors, the existence of balconies, architectural features and other items that may protrude from the building;
c. Identifies a maximum building height that is specific to each area of the building and determines a maximum floor plate area; and
d. Establishes a minimum separation distance between buildings above the ninth storey and sets a maximum encroachment into George and Nelson Streets’ daylight triangle.
19Mr. Lo testified that regarding overall zone designation and tower separation, there were no changes from the original approved Application.
20The Tribunal, having reviewed all the materials submitted, heard submissions indicating support from City Planning staff and Council, and with the uncontested evidence of Lincoln Lo, provided an Oral Decision on this matter.
21The Tribunal allowed the Appeal in part and approved the Draft Zoning By-Law, which is included in Attachment 1 to this Decision.
ORDER
22THE TRIBUNAL ORDERS that the appeal is allowed in part, and in accordance with the Oral Decision given at the Settlement Hearing, that the City of Brampton Zoning By-Law 270-2004 is amended in accordance with the Zoning By-Law Amendment attached hereto as Attachment 1.
23THE TRIBUNAL ORDERS that, under Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, notwithstanding the eventual date of the formal issuance of this Order, it shall be, and was, effective as of February 12, 2024, which is the date that the Tribunal received, considered, and determined the request for the Final Order in this proceeding.
24THE TRIBUNAL authorizes the Municipal Clerk to format, as may be necessary, and assign a number to the Zoning By-Law for record-keeping purposes.
“Gregory J. Ingram”
GREGORY J. INGRAM
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
THE CORPORATION OF THE CITY OF BRAMPTON
BY-LAW
Number 216-2022
To amend By-law 270-2004 (known as "Zoning By-law 2004"), as amended
The Council of The Corporation of the City of Brampton, in accordance with the provisions of the Planning Act, R.S.O. 1990, c.P. 13, hereby ENACTS as follows:
- By-law 270-2004, as amended, is hereby further amended:
(1) By changing Schedule 'A' thereto, the zoning designation of the lands as shown outlined in Schedule B to this by-law:
From:
To:
Downtown Commercial One (DC1) Residential Extended One (R2B(1))
Downtown Commercial One - Section DC1
-3657
(2) By adding thereto Schedule C – 3657 in the form as shown outlined in Schedule A to this by-law;
(3) By adding thereto the following Section:
"3657. The lands designated DC1-Section 3657 on Schedule A to this By-law:
3657.1. Shall only be used for the following purposes:
a) Commercial and Other Uses listed in the DC1 zone, Sections 28.2.1(a) and (c)
b) A community centre;
c) An Apartment dwelling; and
d) The purposes accessory to the other permitted uses.
3657.2 Shall be subject to the following requirements and restrictions:
a) For the purpose of this section, George Street North shall be deemed to be the front lot line for Zoning purposes;
b) Minimum Front Yard Setback to George Street North:
i. For the first 2 storeys: 1.5 metres
ii. For any portion above the 2nd storey up to and including 9th storey: 0 metres
iii. For any portion above the 9th storey up to and including the 10th storey: 7.5 metres
iv. For any portion above the 10th storey: 20.0 metres
c) Minimum Exterior Side Yard Setback to Nelson Street West:
i. For the first 2 storeys: 2 metres
ii. For any portion above the 2nd storey up to and including the 9th storey: 0 metres
iii. For any portion of a building above 9th storey: 2.1 metres
d) Minimum Rear Yard Setback to Elizabeth Street North:
i. For the first 6 storeys: 2 metres
ii. For any portion above the 6th storey: 3.6 metres
e) Minimum Interior Side Yard Setback:
i. Abutting a Commercial Zone: 0 metres
ii. Abutting a zone other than a Commercial Zone: 1.5 metres
f) Notwithstanding the minimum Interior Side Yard Setback set out in 3657.2(e)(i), if the building wall facing the lot line shown as Segment A on Schedule C – 3657 does not include windows or doors the following setback requirements shall apply:
i. For the first four storeys: 0.0 m
ii. For the 5th storey to the 10th storey, inclusive: 3.0 m
g) Notwithstanding the minimum Interior Side Yard Setbacks set out in 3657.2(e)(i), if the building wall facing the lot line shown as Segment A on Schedule C – 3657 includes windows or doors the following setback requirements shall apply:
i. For the first four storeys: 5.5 m
ii. For the 5th storey to the 10th storey, inclusive: 5.5 m
h) Notwithstanding the provisions of Section 6.13, balconies, architectural features, cladding, parapets, canopies, antennas, and railings are permitted to project a maximum of 1.5 metres into any minimum required yard but shall not extend beyond the lot lines of the subject property, except that there shall be no balconies on any portion of a building wall less than 11 storeys above established grade and facing the lot line shown as Segment A on Schedule C – 3657;
i) Maximum Building Height: No portion of any building shall have a building height greater than the maximum height specified in metres for each area of the building shown on Schedule C – 3657;
j) Notwithstanding (i) above, and in addition to the exempted features specified in Section 6.16, the following equipment and structures may exceed the maximum permitted building height:
i. building maintenance units and window washing equipment may exceed the maximum building height by up to 4.0 meters;
k) Maximum Floor Space Index (FSI): 11.5
l) Maximum Tower Floor Plate Area above the 9th storey: 880 square metres
m) Minimum separation distance between buildings or portions thereof above the 9th storey: 25 metres (measured from main wall to main wall)
n) Maximum encroachment into the George Street and Nelson Street daylight triangle for that portion of the building having a height of 13 metres above established grade: 1.5. metres
o) Notwithstanding Section 20.6, the minimum required number of loading spaces is 2.
p) The parking of motor vehicles on a lot is subject to the following provisions:
i. All motor vehicle parking on a lot shall be located within a parking garage at, above or below grade;
ii. No setback from any lot line is required for any portion of a parking garage that is below grade;
iii. No portion of a parking garage at or above grade shall be located any closer to an interior side or rear lot than any other building on a lot;
iv. Minimum aisle width for angled parking from 70 degrees up to and including 90 degrees: 6.0 metres
q) For the purposes of this Section, Established Grade shall be taken from the geodetic elevation of 211.75 metres as measured by an Ontario Land Surveyor.
r) For the purposes of this Bylaw, Section 28.2.3 e) and Section 28.2.3 j) shall not apply.
3657.3 Definitions - For the purpose of this section:
a) BUILDING FLOOR PLATE: shall mean the total floor area of an individual storey of the building measured from exterior walls.”