July 29, 2020 Ontario Growth…

July 29, 2020
Ontario Growth Secretariat
Ministry of Municipal Affairs and Housing
777 Bay Street, 23rd Floor, Suite 2304
Toronto, ON
M7A 2J3
PROPOSED AMENDMENT #1 TO A PLACE TO GROW - GROWTH PLAN FOR THE GREATER GOLDEN HORSESHOE 2019
Introduction
Thank you for the opportunity to review and comment on the Proposed Amendment #1 (“Amendment”) to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (“Growth Plan”), currently posted on the Environmental Registry of Ontario (“ERO”) under ERO Number 019-1680
The purpose of this letter is to provide a focused review and recommendations with respect to only the proposed policy changes pertaining to Major Transit Station Areas (“MTSAs”) within Provincially Significant Employment Zones (“PSEZs”). The letter is submitted on behalf of four landowners within the City of Burlington (“subject lands”), which are:
1. 1020 Emery Ave – Gervais Development Corporation
2. 1021 Emery Ave – Emshih Aldershot Inc.
3. 1070 Waterdown Rd & 1077 Howard Rd – Howard Road Holdings Ltd.
4. 1035 Howard Rd – St. Marys Cement Inc.
The location and extent of these Owners lands are shown in Figures 1 and 2 below. For clarification, these lands are within a PSEZ area as currently mapped (see Figures 3 and 4 below). Prior to preparing this letter, these Owners had agreed to make a joint submission to the Ministry of Municipal Affairs and Housing (“MMAH”) to remove the lands (and others around the Aldershot GO Station Area) from the PSEZ mapping. The goal was to remove regulatory barriers and prioritize the planning for these lands in order to accommodate intensified mixed-use development, given the MTSA context. In-lieu of that exercise, this letter is submitted to MMAH through the Growth Plan amendment consultation period to review and comment on the proposed amendment, highlight the subject lands as a case study.
This letter highlights the subject lands and makes clear:
1. The lands have already been recommended for employment conversion through the City’s New Official Plan Project, which remains ongoing, and that this recommendation is supported by independent planning analysis;
2. The lands have also been included within the City’s Aldershot Mobility Hub study area, which is the City’s ongoing process to plan for this MTSA as a key intensification and growth node consistent with intensified transit-supportive development envisioned by the Growth Plan;
3. The Region of Halton has included the lands in a preliminary MTSA delineation, which appears generally consistent with the Growth Plan requirements and which also includes existing designated employment lands. The delineation of this MTSA and the conversion of employment lands within should be implemented before completion of the Region’s MCR process, which would speed up implementation of mixed-use projects in this MTSA as envisioned by the proposed policy change.
These points support our position that:
1. The Aldershot MTSA should be removed from the PSEZ mapping and prioritized as a mixed-use intensification area;
2. That such work should not be held-up by the prevention of employment land conversions within the overlapping PSEZ area;
3. That the Region should complete the delineation of the MTSA and the conversion of employment lands therein concurrently and in advance of completing its MCR;and,
4. That the City complete the MTSA planning work to implement an intensified mixed-use, transit-supportive MTSA plan.
In our opinion, the proposed MTSA and PSEZ policy amendments regarding employment conversions, in combination with other existing Growth Plan policies, would permit this exact scenario and would be consistent with the stated basis for the proposed amendment to “allow for mixed-use developments to be initiated faster around MTSAs”.
It should be noted that each of the above-noted Owners may provide comments on other Proposed Amendment 1 matters under separate cover.

Figure 1 - Subject Lands in Wider Context - Google Earth (subject lands in dashed red circle)

Figure 2 - Subject Lands and Approximate 800m Radius From Aldershot GO Station

Figure 3 - Approximate Location of Subject Lands in PSEZ Context (Subject Lands in dashed red circle)

Figure 4 - Approximate Location of Subject Lands in PSEZ Zone 19 - Halton
Proposed Policy Change Pertaining to MTSA Areas Within PSEZ Areas
We have reviewed the proposed policy amendment, and note the following wording provided in the ERO Posting:
Major Transit Station Areas (MTSAs) in Provincially Significant Employment Zones (PSEZs)
In May 2019, changes to A Place to Grow provided new policies to enable municipalities to convert lands within employment areas to non-employment uses without provincial approval so as expedite new housing construction as part of the government’s More Homes, More Choice: Ontario’s Housing Supply Action Plan. However, to ensure certain employment areas were not converted locally without provincial involvement, the provincially significant employment zones PSEZ were introduced with policy that provides the employment area lands located in a PSEZ could only be converted to non-employment uses through ministerial approval.
As a tool to support economic development, PSEZs are utilized to provide provincial land use protections for employment areas that require provincial involvement in the support of retaining and expanding existing businesses as well as attracting new business investments. While each PSEZ is unique in nature, all zones must contain a significant number of jobs.
In light of the unique nature of each zone and to address the government’s objective of intensification around major transit station areas MTSA, Proposed Amendment 1 proposes to change an employment policy within A Place to Grow with respect to the planning of MTSAs within a PSEZ. Notably, the policy amendment would allow conversions of employment areas to non-employment uses within a provincially significant employment zone that is located within a MTSA. This proposed change would allow for mixed-use developments to be initiated faster around MTSAs. This does not change municipal zoning by-laws or other conversion policies within A Place to Grow.
Mapping of an MTSA still requires provincial approval and this exercise can encourage transit-oriented development while protecting and enhancing employment opportunities.
The next phase of work, which will begin shortly, will examine how PSEZs can support post-COVID economic recovery and support the retention and expansion of existing industrial and manufacturing operations and how the zones can attract investment. The government continues to view PSEZs as an important tool and looks forward to engaging with businesses, municipalities, Indigenous communities and organizations and the development industry to maximize opportunities within a PSEZ (Emphasis added in all bold instances above).
This is the stated basis which results in the following proposed amendment:
Policy 2.2.5 is amended by adding “unless the part of the employment area is located within a major transit station area as delineated in accordance with the policies in subsection 2.2.4.” at the end of policy 2.2.5.10 c).
Policy 2.2.5.10 c) would read, “not include any part of an employment area identified as a provincially significant employment zone unless the part of the employment area is located within a major transit station area as delineated in accordance with the policies in subsection 2.2.4.”
To re-iterate, we generally support the proposed amendment, particularly in light of the stated basis, which includes allowing for mixed-use, transit-oriented developments to be initiated faster around MTSAs.
In our experience in the particular circumstances involving the subject lands, we see this proposed policy amendment as addressing a barrier currently limiting the City from prioritizing the Aldershot MTSA for delineation, employment conversion, and implementation of a comprehensive mixed-use, transit-supportive plan for the entire MTSA area. Allowing for consideration of conversion of employment lands within this MTSA in advance of the full completion of the Region of Halton MCR will allow the City to plan for and implement its vision for the evolution of this MTSA into a mixed-use, transit-supportive node. The City has already completed the bulk of work which would permit conversion of employment lands within this MTSA, and has also embarked on setting the vision and developing a MTSA plan to permit an intensified, mixed-use node consistent with transit-supportive development envisioned by the Growth Plan. Further, the Aldershot MTSA has recently been preliminarily delineated by the Region, setting the stage for implementation of the MTSA boundary. It is our submission that the proposed policy changes, along with our recommendations, will direct the City and the Region to work together to advance the planning for this MTSA as a separate component from the Region’s ongoing MCR, so that the MTSA will be delineated employment lands converted simultaneously, permitting transit-supportive mixed-use development to be implemented.
Background on the Subject Lands – City of Burlington New Official Plan Project – Employment Land Conversions and Mobility Hub Planning
The City of Burlington is currently engaged in a project to adopt a new Official Plan. This process remains ongoing. However, two supporting sub-processes pertain to the subject lands and are relevant to the Proposed Amendment #1 and this submission:
1. Employment Land Conversion Preliminary Recommendations and Policy Directions
Through supporting technical work, the City considered the quantum of designated employment lands to support forecasted growth. The City retained Dillon Consulting Ltd. to assist with this work, including the completion of technical analysis for the City as a whole, assessment of submitted conversion requests, and assessment of Mobility Hub’s/MTSA’s. With respect to the Aldershot MTSA, the recommendation is captured in Figure 5, which shows nearly all of the employment lands within this MTSA as recommended for conversion.

Figure 5 - Recommended Employment Land Conversions Within Aldershot Mobility Hub Study Area (MTSA)
This recommendation was made in part on the basis of surplus employment lands within the City as well as the individual characteristics of this MTSA which make it suitable for transition to a higher density mixed-use node consistent with transit supportive development. This recommendation was incorporated into the Official Plan that was adopted in April of 2018. While this version of the plan has since been subject to further examination by Council, it is our understanding that the employment conversion recommendation will still be incorporated into the New Official Plan that is expected to be adopted by Council in the fall of 2020 and subsequently forwarded to the Region. This plan would also identify Aldershot MTSA as a Primary Intensification Area.

2. Mobility Hubs
The City had previously identified the GO Station areas within its borders as Mobility Hubs, and advanced area-specific plans for each. These areas are now to be delineated and planned as MTSAs, which includes the Aldershot MTSA. The most recent Draft Precinct Plan for the Aldershot MTSA is shown in Figure 6 below (dashed red circle denotes approximate location of subject lands).

Figure 6 - City of Burlington Draft Aldershot Mobility Hub Precinct Plan
This Draft Precinct Plan is based on work by City staff, a retained consultant, and stakeholder engagement. The advancement of this plan is currently on hold due in part to uncertainties around implementing a plan for this area in relation to the Region’s MCR and employment land conversions. In our opinion, the City’s planning work to transition this MTSA to a mixed-use node is hampered by the existing Growth Plan regime, including the prevention of employment land conversions outside of an MCR for lands within an MTSA that is also within a PSEZ.
Ongoing Region of Halton Municipal Comprehensive Review
At the time of writing this letter, the Region of Halton is engaged in an ongoing MCR process, and has just released a series of discussion papers. This includes a review of the Regional Structure, within which MTSAs are discussed. Figure 7 shows the preliminary delineation for the Aldershot MTSA, which encompasses the subject lands (approximate location shown by dashed red circle).

Figure 7 - Preliminary Aldershot GO Station MTSA Delineation - Region of Halton
We note it shows some consistency with the City’s delineated area outlined above. This MTSA could be delineated and incorporated through amendment into the Region’s current Official Plan (i.e. in advance of the MCR). Further, subject to adoption of the proposed MTSA/PSEZ policy amendment, the employment lands within should then be simultaneously converted to permit mixed-use development. This would then create the spatial area and land-use basis within which the City could advance its own MTSA planning work, ensuring its new Official Plan is adopted and/or amended to conform to and implement the Growth Plan.
Recommendations
We note that the policy language is clear that the potential for employment conversions within MTSAs outside of the completion of an MCR must be within an MTSA that is delineated. As noted in the basis for the amendment “this proposed change would allow for mixed-use developments to be initiated faster around MTSAs”.
We respectfully suggest that should this policy be implemented as proposed, the Province issue further direction to Upper and Single Tier municipalities which clarifies that the intent is also for MTSAs to be prioritized. More specifically, the Province should confirm and clarify the following:
• Employment lands not within a PSEZ may be converted outside of an MCR; and,
• MTSAs may also be delineated and incorporated into an Official Plan outside of an MCR; and,
• The proposed policy regime would also then permit conversion of employment lands within both an MTSA and a PSEZ outside of an MCR; and,
• The Province intends for Upper and Single Tier Municipalities to engage in prioritized planning work for MTSA’s, such that intensified, mixed-use, transit-supportive development around these nodes can truly be implemented faster
With respect to the subject lands, while the proposed change would, in our view, open the possibility for private Official Plan Amendment applications to convert the lands from employment use and advance intensified mixed-used development, the achievement of this can also be held up should a Municipality (i.e. Upper Tier) choose not to formally delineate the MTSA until completion of its MCR. In our view, this would not result in faster mixed-use development around this MTSA, but simply the status quo of waiting for the completion of the MCR before mixed-use developments could be initiated. Accordingly, we also suggest the Province:
a) Direct Municipalities to delineate MTSAs forthwith;
b) Direct that employment conversions occur simultaneously at time of MTSA delineation, where supported by analysis
The proposed policy change is a positive step towards implementing mixed-use in MTSAs, and these two additional steps would implement transit-supportive mixed-use development in MTSAs quicker, consistent with the stated intent of the policy update.
Conclusion
We thank you once again for this opportunity to provide comments on Proposed Amendment #1 to the Growth Plan. We trust that our review and recommendations will be considered fully. Should you have any questions, please contact the undersigned directly.

Mike Crough MCIP RPP
Associate, Senior Planner

CC: 1020 Emery Ave – Gervais Development Corporation
1021 Emery Ave – Emshih Aldershot Inc.
1070 Waterdown Rd & 1077 Howard Rd – Howard Road Holdings Ltd.
1035 Howard Rd – St. Marys Cement Inc.