Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 15, 2021

CASE NO(S).: PL200251

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Annovator Developments

Appellant: Orlando Corporation

Subject: By-law No. 0121-2020

Municipality: City of Mississauga

OLT Case No.: PL200251

OLT File No.: PL200251

OLT Case Name: Annovator Developments v. Mississauga (City)

Heard: November 2, 2021 by video hearing

APPEARANCES:

Parties	Counsel
Orlando Corporation	Leo F. Longo
City of Mississauga	Michal Minkowski

MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON NOVEMBER 2, 2021 AND ORDER OF THE TRIBUNAL

1The matter before the Tribunal is an appeal filed by Orlando Corporation (the “Appellant”) against the City of Mississauga (the “City”) appealing the passing of Zoning By-law No. 0121-2020 which amends Zoning By-law No. 0225-2007 (“ZBL 2007”) for the purposes of introducing two new office zones with a list of permitted uses and accessory uses in conformity with the policies of the Mississauga Official Plan Amendment No. 25 (MOP 25). The appeal is on the basis, among other things, that clarification is required regarding the application of this by-law upon the Appellant’s lands (“Orlando lands”) in terms of minimum floor space index (non-residential), recognition of legally existing uses, and the increase in manufacturing facility gross floor area as an accessory use in the O2 and O3 zones of the by-law.

2The amendments to ZBL 2007 contained in ZBL 0121-2020 include the following:

a. change all O zones to O1 zones where it appears in the ZBL 2007;

b. introduce O2 and O3 zones with a list of permitted uses and accessory uses in conformity with the policies of Mississauga Official Plan Amendment 25;

c. establish a minimum height of three storeys for O2 zones and two storeys for O3 zones;

d. introduce lot frontage, setback, driveway, aisle, parking space and loading space requirements.

3The following lands are affected by ZBL 0121-2020:

a. the lands located in the City’s Gateway Corporate Centre Character Area; and

b. properties zoned “O” outside of the Gateway Corporate Centre in the City of Mississauga as shown on the maps designated as Schedules “A1” to “A34” which are attached to ZBL 0121-2020.

4The Appellant and the City Council have settled the matter. Following the Settlement (“Settlement Proposal”), a Draft Amendment to the ZBL (“ZBA”) that implements the settlement is presented to the Tribunal.

5The City filed an Affidavit sworn on October 20, 2021 by Christian Binette, a registered Land Use Planner with the City. The Tribunal qualified Mr. Binette to provide opinion evidence in the area of land use planning and his Affidavit is marked as Exhibit 1.

6The Tribunal considered the uncontradicted testimony of Mr. Binette, the Settlement Proposal, the ZBA and having reviewed the materials filed with the Tribunal, allows the appeal in part for the reasons set out below.

PLANNING EVIDENCE

7Mr. Binette testified that:

a. The parties have reached a resolution of all the issues in such manner as to satisfy the conformity and consistency questions of the policy framework. The proposed settlement of these issues has been confirmed by Council. (Attached as Exhibit “L” to Exhibit 1).

b. The Council resolution of September 15, 2021 refers to two appendices which describe the nature and substance of the settlement of each issue. These appendices are included with Exhibit L.

c. The two appendices referred to in the Council resolution refer to a map of the Orlando lands with an alphabetic code to identify the zoning designations for each block of land. (Attached as Exhibit “M” to Exhibit 1).

8Mr. Binette opined that the settlement of the Appeal on the terms and conditions as described in the two appendices attached to the Council resolution, and found in Exhibit L, is appropriate and reasonable, consistent with good planning principles, consistent with the Provincial Policy Statement, conforms to the Growth Plan, conforms to the Region of Peel Official Plan and conforms to the City of Mississauga Official Plan.

9The conceptual terms and conditions of the settlement as described in the appendices contained in Exhibit L, have been incorporated into a draft Zoning By-law text. (Attached as Exhibit “N” to Exhibit 1).

10Mr. Binette took the Tribunal through an overview of the Policy context of the ZBA. He concluded that the ZBA represents good land use planning, is consistent with the Provincial Policy Statement 2020, (“PPS”), in conformity with the Growth Plan for the Greater Golden Horseshoe 2020 (“Growth Plan”), maintains the intent and purpose of the Region of Peel Official Plan (“ROP”) and the Mississauga Official Plan (“MOP”).

ANALYSIS AND FINDINGS

11The Tribunal accepts the testimony and conclusions of Mr. Binette.

The Policy Context – Planning Act

12The Tribunal notes that s. 2 of the Planning Act (“Act”) sets out matters of provincial interest for which planning authorities shall have regard to. The Tribunal finds that the Settlement Proposal and ZBA have regard for the applicable matters of provincial interest set out in s. 2 of the Act, including subsections (h) the orderly development of safe and healthy communities; (n) the resolution of planning conflicts involving public and private interests, (p) the appropriate location of growth and development; and (q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians.

PPS 2020

13The Tribunal agrees with Mr. Binette that a key policy direction expressed in the PPS is managing and directing land use to achieve efficient and resilient development and land use patterns. With respect to sustaining healthy, liveable and safe communities, Policy 1.1.1(a) directs, promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; Policy 1.1.1(e) promotes the integration of land use planning, growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Policy 1.1.1(g) ensures that necessary infrastructure and public service facilities are or will be available to meet current and projected needs. Policy 1.1.3.3 directs planning authorities to identify appropriate locations and promote opportunities for transit-supportive development, accommodating a significant supply and range of options through intensification and redevelopment where this can be accommodated taking into account existing building stock and areas. The Settlement Proposal and ZBA promote efficient development and land use patterns while identifying the appropriate locations for intensification and redevelopment and taking into account the existing building stock in the area. The Tribunal finds the proposal and the ZBA consistent with the PPS.

The Growth Plan

14Mr. Binette referred to s. 1.2.1 guiding principles of the Growth Plan which support the achievement of complete communities and which prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure; support transit viability and provide flexibility to capitalize on new economic and employment opportunities as they emerge.

15The Tribunal agrees with Mr. Binette that Policy 2.2.1(2)(c) provides that growth will be focused in delineated built-up areas; strategic growth areas; locations with existing or planned transit and existing or planned public service facilities.

16The Settlement Proposal and ZBA promote a range of Office, light technology/manufacturing/and other permitted uses with priority given to existing Office Commercial use in the Corporate Gateway. The Tribunal finds the proposal and ZBA conform to the Growth Plan.

Region of Peel Official Plan (“ROP”)

17The ROP is the region’s long term plan to manage growth and development. Mr. Binette referred to ROP Policies 5.3.1 general objectives: to achieve sustainable development within the Urban System (s.5.3.1.2); to achieve intensified and compact form and a mix of land uses in appropriate areas that efficiently use land, services, infrastructure and public finances while taking into account the characteristics of existing communities and services (s. 5.3.1.4).

18It is a policy goal to plan for the provision and financing of Regional facilities and services so as to efficiently use existing services and infrastructure, while encouraging a pattern of compact forms of urban development and redevelopment (s. 5.3.2.3).

19The Proposed Settlement and ZBA implement appropriate standards which promote sustainable development in the urban area; use of existing infrastructure and services; and take into account the existing Commercial office character of the Gateway area. The Tribunal finds the proposal and ZBA maintain the general intent and purpose of the ROP.

City of Mississauga Official Plan (“MOP”)

20Mr. Binette demonstrated that the MOP recognizes the area where the Appellant’s lands are located as a Gateway Corporate Centre Character Area (s. 15.1). Corporate Centres will develop a mix of employment uses with a focus on office development and uses with high employment densities (s. 15.1.1.1). The focus on urban design policies is to promote high quality urban design and built form. These policies are intended to reinforce and enhance the image of Hurontario Street as the main north south Corridor through the City (s. 15.3.1.1). Lands on a Corridor or within a Major Transit Station Area will be subject to the two-storey height minimum. Local area plans or planning studies may establish maximum height requirements (s. 15.1.1.2).

21Further, Corporate Centres, represent major employment concentration, contain a mix of high density employment uses with a focus on major office development and are also where many prestigious research and manufacturing businesses are found, often in facilities exhibiting high architectural and urban design standards (s. 5.3.4).

22Character Area policies will address the mix of business uses and density requirements within each Corporate Centre. These policies may result in the establishment of minimum employment and building densities, building heights, urban design standards or transportation policies, among other matters (s. 5.3.4.7).

23As for the Hurontario Street Corridor Development Policies, the purpose of urban design policies is to define principles for the physical form and character of Hurontario Street (s. 15.3.1.2).

24The Settlement Proposal and the ZBA prioritize active and existing and future development of the facilities in this Corporate Centre and Hurontario Street Corridor through the management of the requirements of the Zoning Categories; the Zoning Mapping; the permitted uses; the appropriate floor space index and the gross floor area for the zone mapped lands affected. These have positive effects for the development and employment mix of the area. The Tribunal finds the proposal and ZBA maintain the general intent and purpose of the MOP.

ZBL

25Mr. Binette stated that the Draft ZBA text describes the site specific Zoning categories and the series of Maps A1 to A5, show the site specific zones. The Settlement Proposal and the ZBA appropriately govern the permitted land uses within the Area. The Tribunal finds that the proposal and ZBA maintain the general intent and purpose of the ZBL 2007.

26The Tribunal is satisfied that the Settlement Proposal and ZBA have regard for relevant matters of Provincial interest, as set out in the Planning Act, are consistent with the PPS, conform to the Growth Plan, maintain the general intent and purpose of the ROP, the MOP and the ZBL.

ORDER

27The Tribunal Orders that the Appeal against By-law No. 0121-2020 of the City of Mississauga is allowed in part, and By-law No. 0121-2020 is amended as set out in Attachment 1 to this Order. In all other respects, the Tribunal orders that the Appeal is dismissed.

“T.F. Ng”

T.F. NG 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.