Discussion:
In early 2019, 2319576 Ontario Ltd. submitted applications for an Official Plan Amendment (OPA) and a Zoning By-law Amendment (ZBA) to permit commercial uses at 3945 and 3985 Dougall Avenue. The OPA and ZBA applications were later withdrawn at the preliminary review stage. Following the withdrawal of the OPA and ZBA applications, 2319576 Ontario Ltd. then submitted this rezoning application on July 17, 2019, requesting for a zoning change to permit neighbourhood commercial use(s) on the properties known as 3945 and 3985 Dougall Avenue.
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PROVINCIAL POLICY STATEMENT (PPS) 2020 Provincial Policy Statement 2020 was issued under section 3 of the Planning Act and came into effect May 1, 2020. It replaces the Provincial Policy Statement issued April 30, 2014.
The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development and sets the policy foundation for regulating the development and use of land in Ontario.
This amendment is about a proposed neighbourhood commercial development (retail use) replacing existing residential developments (single detached dwellings) on residential lands. The applicant`s planning consultant provided a Planning Justification Report and Supplementary Memo in support of the proposed amendment. I have reviewed their submission and I disagree with their opinion.
Under “Managing and Directing Land use...” the PPS mentions residential uses (a range of housing types such as single detached dwellings, etc.) and housing options. In addition, the Provincial Policy Statement 2020 devotes a full sub-section (1.4) specifically to Housing, in which residential intensification is specifically mentioned. To the contrary, there is no specific mention of a “neighbourhood commercial use". Other PPS policies such as 1.1.1, 1.1.2, 1.1.3 address the need for a mix of land uses (residential, commercial, industrial, institutional, etc. Policy 1.1.1 (b) mentions commercial uses, but there is no specific mention of “Neigbhourhood Commercial Use(s)” in the PPS. It is a category of commercial use found in the City’s Official Plan.
To analyse the PPS policies pertaining to the requested amendment, one would need to consider the current use being replaced (the existing residential use), because housing is of high interest to the Province. The following policies of the PPS 2020 are deemed relevant for this analysis, and have been considered:
1.1.1 Healthy, liveable and safe communities are sustained by:
a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; b) accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs;
Regarding 1.1.1 (a), the subject area of the City is already planned and contains existing developments and land use pattern(s). The proposed amendment undermines the existing established residential neighbourhood. This neighbourhood, like many others in the City, has potential for residential intensification and infill, which would make it more efficient.
The proposed amendment is an intrusion on the existing planned land use pattern in the subject area. There is an existing commercial corridor with a host of commercial uses in