Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 21, 2021
CASE NO(S).: PL160192
PROCEEDING COMMENCED UNDER subsection 36(3) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Armdale Estates Inc., Touchtone Constructions Ltd. and 1077022 Ontario Inc.
Subject: Removal of Holding Symbol: Zoning By-law No. - Failure of the City of Mississauga to announce a decision on the application
Property Address/Description: 0 Enfield Place, 3600, 2606 and 3618 Hurontario Street
Municipality: City of Mississauga
OMB Case No.: PL160192
OMB File No.: PL160192
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: 1077022 Ontario Inc. and Touchtone Construction Ltd.
Subject: Site Plan
Property Address/Description: 0 Enfield Place and 3618 Hurontario Street
Municipality: City of Mississauga
OMB Case No.: PL160192
OMB File No.: PL160146
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: Armdale Estates Inc.
Subject: Site Plan
Property Address/Description: 3600 & 3606 Hurontario Street
Municipality: City of Mississauga
OMB Case No.: PL160192
OMB File No.: PL160147
Heard: October 8, 2021 by Video Hearing (“VH”)
APPEARANCES:
Parties
Counsel
Armdale Estates Inc., Touchstone Construction Ltd.; and 1077022 Ontario Inc. (“Applicants”)
A. Margaritis
City of Mississauga (“City”)
R. Kehar
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON OCTOBER 8, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held a Case Management Conference to consider a site specific settlement proposal for the lands known municipally as: 0 Enfield Place, 3600, 3606, and 3618 Hurontario Street (“Subject Lands”). The Applicants propose to redevelop the Subject Lands with a 50 storey and a 43 storey residential tower.
2For the reasons set out below, the Tribunal allowed the appeals in part and modified the Mississauga Official Plan Amendment 8 (“MOPA 8”), its implementing Zoning By-law No. 050-2013 for the City’s Downtown Core Area, and Zoning By-law No. 0225-2007 all on a site specific basis.
DECISION
3In 2020 this Member of the Tribunal dealt with MOPA 8 and its implementing Zoning By-law No. 050-2013 for the City’s Downtown Core Area, which is an Urban Growth Centre. (See PL 130350).
4The Tribunal’s decision at that time allowed various appeals in part, approved a modified MOPA 8, and allowed appeals in part and directed the City to amend Zoning By-law No. 050-2013.
5However, that decision specifically noted that these appeals remained outstanding.
6The Tribunal has before it now the outstanding appeals for the Subject Lands in the Downtown Area. The Subject Lands are designated Downtown Mixed Use and zoned H-CCC (2) being City Centre-Mixed Use, but with a holding provision.
7In the lead up to the hearing, the parties had engaged in Tribunal-led mediation, which resulted in Minutes of Partial Settlement.
8Thereafter the parties were able to enter into a fully executed zoning agreement based on the proposed development outlined above.
9In support of the proposed settlement, the parties provided the land use planning affidavits of James Lethbridge on behalf of the Applicants (Exhibit 3), and Marianne Cassin on behalf of the City (Exhibits 2 and 5).
10Those affidavits describe the settlement as facilitating development that will achieve the goals of MOPA 8 which include providing for a vibrant mixed use urban centre, with the highest heights and densities in the City, in order to support all existing and planned infrastructure including the transit development (Hurontario LRT).
11Having considered those affidavits, and having considered the submissions of counsel, and having taken into consideration the decision of City Council, the Tribunal found that the proposed modifications to MOPA 8, the modifications to Zoning By-law No. 050-2013, and the modifications to Zoning By-law No. 0225-2007 embodied an appropriate and envisioned form of intensification with a Settlement Area, a Built-Up area, and the Downtown Core Area, and thus:
a. Had appropriate regard for the matters of Provincial Interest in s. 2 of the Planning Act;
b. Were consistent with the Provincial Policy Statement 2020;
c. Conformed to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020;
d. Conformed to the Region of Peel Official Plan;
e. Conformed to the Mississauga Official Plan;
f. Represented good land use planning, and
g. Were in the public interest.
12Accordingly, the Tribunal:
a. Allowed the appeals in part on a site specific basis;
b. Modified MOPA 8 as set out in Exhibit 4 Tab 1A;
c. Modified Zoning By-law No. 050-2013 as set out in Exhibit 4 Tab 1B;
d. Modified Zoning By-law No. 0225-2007 as set out in Exhibit 4 Tab 2.
13This is the Order of the Tribunal.
“Blair S. Taylor”
BLAIR S. TAYLOR
MEMBER
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.