Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
November 22, 2021
CASE NO(S).:
PL210125
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Hanlon Glen Homes Inc.
Subject:
Application to amend Zoning By-law No. 0225-2007 - Neglect of City of Mississauga to make a decision
Existing Zoning:
D-8 (Development – Exception) and G1-7 (Greenlands - exception)
Proposed Zoning:
R2-Exception (Detached Dwellings-Typical Lots), R11-Exception (Detached Dwellings-Garage Control Lots - Exception), RM2-Exception (Semi-Detached), OS1 (Open Space-Community Park) and OS1-Exception (Open Space - Community Park-Exception)
Purpose:
To permit 260 detached and 62 semi-detached dwellings, a public park, a stormwater management pond and to retain the existing heritage house.
Property Address/Description:
1200 Old Derry Road
Municipality:
City of Mississauga
Municipality File No.:
OZ 19/020
OLT Case No.:
PL210125
OLT File No.:
PL210125
OLT Case Name:
Hanlon Glen Homes Inc. V. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Hanlon Glen Homes Inc.
Subject:
Proposed Plan of Subdivision - Failure of City of Mississauga to make a decision
Purpose:
To permit the creation of lots and blocks for the dwellings, public roads, and the stormwater pond
Property Address/Description:
1200 Old Derry Road
Municipality:
City of Mississauga
Municipality File No.:
TM-19/007
OLT Case No.:
PL210125
OLT File No.:
PL210126
Heard:
November 8, 2021 by telephone conference call
APPEARANCES:
Parties
Counsel
Hanlon Glen Homes Inc.
John Alati
City of Mississauga
Lia Magi
MEMORANDUM OF ORAL DECISION DELIVERED BY A. CORNACCHIA ON november 8, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1A first Case Management Conference (“CMC”) was held on November 8, 2021 regarding the Appellant’s appeal under s. 34(11) and 51(34) of the Planning Act (“Act”) relating to the failure of the City of Mississauga (“City”) to make a decision regarding a Zoning By-law Amendment (“ZBA”) and a draft Plan of Subdivision (“Draft Plan”) relating to the property located 1200 Old Derry Road, City of Mississauga. (“Subject Property”).
2The Appellant proposes a development of 260 detached and 62 semi-detached dwellings, a public park, a stormwater management pond and to retain the existing heritage house (“Proposed Development”) for the Subject Property. It filed two applications with the City to facilitate the Proposed Development:
a) An application for a ZBA changing the existing zoning from D-8 (Development – Exception) and G1-7 (Greenlands - Exception) to R2-Exception (Detached Dwellings-Typical Lots), R11-Exception (Detached Dwellings-Garage Control Lots - Exception), RM2-Exception (Semi-Detached), OS1 (Open Space-Community Park) and OS1-Exception (Open Space-Community Park-Exception), and
b) an application for a Draft Plan Approval.
3The City did not make decisions on these applications by the deadlines stipulated by the Act and Appellant filed this appeal with the Tribunal in response.
4The CMC dealt with the following matters:
a) Notice;
b) Requests for Status; and
c) A case update; and
d) Scheduling a further CMC.
NOTICE
5The Tribunal reviewed the Notice for the CMC and the Affidavit of Service (Exhibit 1 and 2) with Counsel and the attendees at the CMC. Submissions were sought from Counsel and the attendees generally regarding concerns with the adequacy of notice and none were expressed.
6The Tribunal ruled that service of the CMC had been effected in accordance with Tribunal requirements, and no further notice of the proceedings was necessary.
REQUESTS FOR STATUS
7Prior to the CMC, the Tribunal received the Participant Requests and the Party Requests identified in Exhibit 3 (Attachment 1) and 4. Neither the Appellant nor the City had any objections to the Participant or Party Status Requests. Mr. Jim Holmes, Chair of the Meadowvale Village Community Association confirmed that the association was incorporated in 1977, plans to engage counsel and will notify the Tribunal and the parties once counsel has been retained.
8The Tribunal ruled that Participant Status is granted to all the persons identified in Exhibit 3 (Attachment 1) and Party Status is granted to the following persons or entities, who are represented by the identified individuals:
Party
Counsel/Representative*
The Regional Municipality of Peel
Rachel Godley
Mr. Frank Baldesarra
Peter Van Loan
Meadowvale Village Community Association
Jim Holmes*
Credit Valley Conservation (CVC)
Lisa Hosale*
CASE UPDATE AND PROCEDURAL ORDER AND ISSUES LIST
9The Tribunal received an update from the parties regarding the status of their discussions relating to this case. The following is the summary of their update:
The City, CVC and the Appellant have had extensive discussions regarding the Proposed Development and how the concerns expressed at public meetings might be addressed;
The Appellant will submit a revised Proposed Development by early December 2021 for comment by the City and notify all parties and participants by email on a timely basis that it has been submitted;
The Revised Proposal will be posted for public commentary on the City website and Ms. Magi will notify all the parties and participants by email on a timely basis once it has been posted and provide the website address or weblink;
The parties expect to be able to resolve a draft procedural order including an issues list prior to the next CMC;
The parties requested a further CMC in the spring of 2022 which was granted by the Tribunal.
10Based on the submissions of counsel, the Tribunal directs that the parties prepare and agree upon a draft procedural order in compliance with the following directions and submit it to the Tribunal by the date identified in this decision:
11The draft issues list must identify the statutory provisions that the Tribunal is required to consider when reviewing the appeal. Specific issues should be identified below each of the statutory provisions clarifying the matters in dispute relating to that statutory provision. If the parties believe that there are no issues worthy of consideration by the Tribunal relating to a specific test, they should identify it.
12The planning witnesses must be required to meet and agree on any facts that are not in dispute as between the planners and an agreed statement of facts should be submitted to the Tribunal at least 30 days in advance of the hearing date. (“Tribunal Instructions”)
DECISION
13The following individuals are granted party status:
The Regional Municipality of Peel;
Mr. Frank Baldesarra;
Meadowvale Village Community Association; and
Credit Valley Conservation (CVC).
14The individuals identified in Exhibit 3 (Attachment 1) are granted Participant status.
15With the consent of the parties, counsel for the Appellant shall submit a draft Procedural Order to the Tribunal by Monday, April 11, 2022 at 4:30 p.m. at the latest. It shall comply with the Tribunal’s Instructions previously described in this decision.
16The Tribunal orders that a further Case Management Conference will be held on Tuesday, April 19, 2022 commencing at 10 a.m. by VH.
17Statutory parties and anyone seeking party or participant status are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/722863693
Access code: 722-863-693
18Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
19Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9391. The access code is 722-863-693.
20Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the Case Management Conference by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
21There will be no further notice.
22The Member is not seized.
23Scheduling permitting, the Member may be available for case management purposes.
24This is the Order of the Tribunal.
“A. Cornacchia”
A. CORNACCHIA
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.
ATTACHMENT 1
Exhibit 3 - Participant List
Leo Polazzi
Zizek - participant
Matteo Galvan – participant
Nancy Hall
Gray David
Chance Chan
Keith Adamson
Young Lee
Carmello Pierro
Mike Picco
Kimberley Van Wart
Allan Ramsay
Carol Cocomello
Elizabeth Mowling - emowling@rogers.com
Justin Lam - justin.lam@rogers.com
Steve Runstedler – steve.runstedler@rogers.com
Farid and Yvette Kanji - fnykanji@gmail.com
Andy Leung – andyleung1140@gmail.com
Murray Gottschlich - murray@principal10.com
Nishant S - drnishantsangole@gmail.com
James P Gazzola - james.gazzola@gmail.com
Anne Onn - anneonn@hotmail.com
Margaret Young - margieyoung26@gmail.com
Meghan Kerrigan - kerriganmeghan@hotmail.com
Donnie Persad - donniepersad@gmail.com
Harvinder Soodan - harvinder22.soodan@gmail.com
Elizabeth Eves - eveseliz@gmail.com
Samantha Mead - smeadgalvan@gmail.com
Brad Li - xin.brad_li@hotmail.com
David Hutchings - 3cehutch@gmail.com
Helen Hwang-Hutchings - homes.buyerandseller@gmail.com
Myrtle Chin - myrtle.chin@rogers.com
Devraj Dhoot - devraj54@gmail.com
Brian Carmody - crmdyb@yahoo.ca
Harnoor Grewal - h_grewal09@hotmail.com
Sheri Thevarkunnel - s_thevarkunnel@hotmail.com
Chuck Lee - chuckrlee@rogers.com
Mital Patel - mitalmpatel75@gmail.com
Manmohan and Sabina Singh - manmohan.sabina@gmail.com
Sabina Singh - sabinamsingh@gmail.com
Neha Patel - nehamitalpatel@gmail.com
Mary Martino - ziggygal23@hotmail.com
Robert and Savi Somsky - robert1550@rogers.com
Carolyn Wolkowich - cwolkowich@gmail.com
Leandra D'Souza - leandradsouza1999@gmail.com
Jane Ho - janejyh@gmail.com
Carrol D'Souza - carrol_dsouza@yahoo.com
Jennifer Serson - bandjserson@icloud.com
Anna Lee - yunjoo79@hotmail.com
John Bayliss - john.e.bayliss@gmail.com
David Moir - davidsmoir@gmail.com
Roberto Di Marco - dimarco1@rogers.com
Desiree Gomes - desiree.gomes@gmail.com
Tony DiFiore - tony.difiore@gmail.com
Vince Pugliese - vince21@bell.net
Judy Mossip - judymossip@gmail.co
Janice Gillespie - janiceigillespie@rogers.com
Lawrence D'Souza - dsouza2107@yahoo.com
Steve Wolkowich - srwolkowich@gmail.com
Linda Simopoulos - Linda@maddangroup.com
Martin Boeykens - martinboeykens@hotmail.com
Brian Camody - crmdyb@yahoo.ca
E and K Maksimovich - emaks1@gmail.com
Peter Lashley - aubinlashley@gmail.com
Srikanth Balasubramanian - srikanthbala@yahoo.com
John and Lori Bruner - loribruner@gmail.com
Vince and Sandra Tripani - trapani0069@rogers.com
Srikanth Balasubramanian - srikanthbala@yahoo.com
Scott Norwood - s.norwood@rogers.com
Sue Miller - sue.miller0005@gmail.com
Harry Pannu - harrypannu2@gmail.com
Niraj Keswani - nikeswani@gmail.com
Maricar & Barry Takemura - Barry.Takemura@RichardsonWealth.com
– Jorge Flores - Flores.Jorge@hotmail.com
Peter Bartos – pbartos8@gmail.com