ISSUE DATE: April 11, 2025 CASE NO.: OLT-24-000751
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
1000403721 Ontario Corp.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the redevelopment of the site with a 6-storey mixed-use building
Reference Number:
PZ-16-23
Property Address:
75-79 Erie Avenue
Municipality:
Brantford/Brant County
OLT Case No.:
OLT-24-000751
OLT Case Name:
1000403721 Ontario Corp. v. City of Brantford (City)
BEFORE:
KURTIS SMITH ) Tuesday, the 8th day MEMBER ) of April, 2025
THIS MATTER having come before the Tribunal by way of an uncontested written hearing on April 8, 2025 and upon reviewing and having considered:
I. The uncontested opinion evidence proffered by Aaron Butler, a Registered Professional Planner and member of the Canadian Institute of Planners, in his comprehensive affidavit sworn March 27, 2025; and
II. The minutes of settlement between 1000403721 Ontario Corp. and the City of Brantford dated March 24, 2025.
AND THE TRIBUNAL understands that the aforementioned sworn evidence of Mr. Butler reflects revisions to the applications before the Tribunal that were reached through cooperative efforts of the Parties;
AND THE TRIBUNAL having accepted the opinion evidence of Mr. Butler as presented in his affidavit, finds that the zoning by-law amendments, as revised, has regard to those applicable matters of provincial interest found in section 2 of the Planning Act, is consistent with the Provincial Planning Statement, 2024, conforms to the City of Brantford Official Plan, and otherwise reflects principles of good land use planning. Further, the proposed development and draft zoning by-law amendments represents good planning and design and are in the public interest;
THE TRIBUNAL ORDERS THAT the appeal is allowed, in part, and By-law #106-90, as amended is hereby amended as set out in Attachment 1 to this Order and By-law #124-2024, as amended is hereby amendment as Attachment 2 to this Order. The Tribunal authorizes the municipal clerk of the City of Brantford to format, as may be necessary, and assign a number to these by-laws for record keeping purposes.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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.
Attachment 1
Zoning By-law Amendment to Zoning By-law 160-90
[See next page]
EXPLANATORY NOTE
TO
BY-LAW NO. ______-2025
This By-law applies to the lands, which are located at 75–79 Erie Avenue in the City of Brantford. The subject lands are located at the intersection of Erie Avenue and Eagle Avenue. The subject lands are approximately 860 m² in area with approximately 42.1 m of frontage along Eagle Avenue and 38.5 m along Erie Avenue. The subject lands are currently occupied by a 2-storey commercial building with a paved parking area.
The Application will amend the lands from “Floodplain - General Commercial Zone – Exception 19 (F-C8-19)” to “Holding - Floodplain General Commercial Zone – Exception 106 (H-F-C8-106)” to permit a 4-storey mixed-use building. The amendment includes modifications to the minimum landscaped open space, parking spaces, and minimum interior side yard setback.
File No: PZ-16-2023
Applicant: 1000403721 Ontario Corp.
Report No. 2024-290
BY-LAW NUMBER ______-2025
OF
THE CORPORATION OF THE CITY OF BRANTFORD
By-law to amend By-law No. 160-90, being a By-law to regulate the use of lands and the location and use of buildings and structures in the City of Brantford
WHEREAS the Council of The Corporation of The City of Brantford desires that By-law No. 160‑90, as amended, be further amended as hereinafter set out;
AND WHEREAS such amendment will be within the terms and intent of the Official Plan for the City of Brantford;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE CITY OF BRANTFORD UNDER THE PROVISIONS OF SECTION 34 AND 36 OF THE PLANNING ACT R.S.O. 1990 HEREBY ENACTS AS FOLLOWS:
- SCHEDULE AMENDMENTS TO BY-LAW NO. 160-90
.1 THAT Schedule “A” Map H-10 be amended as shown on Schedule “A”, attached to and forming part of this by-law, and summarized as follows:
Change from “Floodplain - General Commercial Zone – Exception 19 (F-C8-19)” to “Holding – Floodplain - General Commercial Zone – Exception 106 (H-F-C8-106)”.
- TEXT AMENDMENTS TO BY-LAW NO. 160-90
.1 That Section 9.8.3 be amended by the addition of the following new subsection:
.106 75–79 Erie Avenue (H-F-C8-106)
.1 The lands zoned H-F-C8-106 may only be used in accordance with the permitted uses in the H-F-C8-106 Zone upon the removal of the "Holding (H)" provision. Removal of the "H" may occur once the following provisions have been satisfied:
.1 The applicant has submitted a Streetscaping and On-Street Parking Plan to the satisfaction of the Manager of Development Engineering; and
.2 The applicant has satisfied the requirements of the City of Brantford relating to the Functional Servicing Report (FSR) and water modelling.
.2 Notwithstanding any provision of this By-law to the contrary, no person shall within any H-F-C8-106 Zone use any lot, or erect, alter or use a Mixed-Use Building except in accordance with the following provisions:
.1
Parking
.1
Dwelling Units
1 space per unit
.2
Permitted Non-Residential Uses in C8 Zone
NIL
.2
Landscaped Open Space (Minimum)
5.4%
.3
Interior Side Yard (Minimum) 4.5 m
That all remaining provisions of the C8 Zone in Section 9.8.2 to this Bylaw, and all other provisions of this Bylaw, as amended, that are consistent with the provisions herein contained, shall continue to apply mutatis mutandis.
- EFFECTIVE DATE
.1 THAT this By-law shall become effective from and after the date of passing thereof.
READ A FIRST TIME:
READ A SECOND TIME:
PASSED:
MAYOR
CLERK
Attachment 2 Zoning By-law Amendment to Zoning By-law 124-2024
[See next page]
EXPLANATORY NOTE
TO
BY-LAW NO. ______-2025
This By-law applies to the lands, which are located at 75–79 Erie Avenue in the City of Brantford. The subject lands are located at the southwest corner of the Erie Avenue and Eagle Avenue intersection. The subject lands are approximately 860 m² in area with approximately 42.1 m of frontage along Eagle Avenue and 38.5 m along Erie Avenue. The subject lands are currently occupied by a 2-storey commercial building with a paved parking area.
The Application will amend the Zoning By-law as it applies to the lands from “Intensification Corridor Zone, Pedestrian Prominent – Exception 26 (IC-26-PP)” to “Holding 35– Intensification Corridor Zone, Pedestrian Prominent – Exception 71 (H35-IC-71-PP)” to permit a 4-storey mixed-use building. The amendment includes modifications to the parking requirements, maximum height, minimum rear yard setback, minimum front yard setback, minimum interior side yard setback, minimum exterior side yard setback, minimum landscaped open space, and minimum common amenity space.
File No: PZ-16-2023
Applicant: 1000403721 Ontario Corp.
Report No. 2024-290
BY-LAW NUMBER ______-2025
OF
THE CORPORATION OF THE CITY OF BRANTFORD
By-law to amend By-law No. 124-2024, being a By-law to regulate the use of lands and the location and use of buildings and structures in the City of Brantford
WHEREAS the Council of The Corporation of The City of Brantford desires that By-law No. 124-2024, as amended, be further amended as hereinafter set out;
AND WHEREAS such amendment will be within the terms and intent of the Official Plan for the City of Brantford;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE CITY OF BRANTFORD UNDER THE PROVISIONS OF SECTION 34 AND 36 OF THE PLANNING ACT R.S.O. 1990 HEREBY ENACTS AS FOLLOWS:
- SCHEDULE AMENDMENTS TO BY-LAW NO. 124-2024
.1 THAT Schedule “A” Map I-8 be amended as shown on Schedule “A”, attached to and forming part of this by-law, and summarized as follows:
Change from “Intensification Corridor Zone, Pedestrian Prominent – Exception 26 (IC-26-PP)” to “Holding 35– Intensification Corridor Zone, Pedestrian Prominent – Exception 71 (H35-IC-71-PP)”.
- TEXT AMENDMENTS TO BY-LAW NO. 124-2024
.1 That Section 15.1 be amended by the addition of the following new subsection:
H35
Removal of the "H" may occur once the following provisions have been satisfied:
a. The applicant has submitted a Streetscaping and On-Street Parking Plan to the satisfaction of the Manager of Development Engineering; and
b. The applicant has satisfied the requirements of the City of Brantford relating to the Functional Servicing Report (FSR) and water modelling.
.2 That Section 6.8.2 be amended by the addition of the following new subsection:
IC-71-PP – 75 – 79 Erie Avenue
Special Provisions
Parking: 1 space per unit; 0 parking spaces for visitor parking; and 0 parking spaces for permitted non-residential uses in the IC Zone.
Parking location: Notwithstanding Section 5.7 d), a required parking space may be located 0 metres away from any lot line abutting a street.
Maximum building height: 14.5 m
Minimum front yard: 0 m
Minimum rear yard abutting a Residential or Mixed-Use Zone: 0 m
Minimum interior side yard: 4.5 m
Minimum exterior side yard: 0 m
Minimum landscape open space: 5.4%
Common amenity space: 100% of the common amenity space may be provided indoors.
Electric Vehicle Parking/Charging: 0 parking spaces with level 2 or 3 charging facilities for electric vehicles.
- EFFECTIVE DATE
.1 THAT this By-law shall become effective from and after the date of passing thereof.
READ A FIRST TIME:
READ A SECOND TIME:
PASSED:
MAYOR
CLERK