Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 02, 2022

CASE NO(S).: OLT-22-004186

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

Appellant: Rangeview Landowners Group Inc. Appellant: Stratos Technologies Inc.

Subject: Zoning By-law No. 0119-2022

Description: A zoning By-law amendment application that proposes to permit a mixed-use and multi-phase project that will create a waterfront community of 8,050 residential units.

Reference Number: OZ 19/003 W1

Property Address: 1082 Lakeshore Road East and 800 Hydro Road

Municipality: City of Mississauga

OLT Case No: OLT-22-004186

OLT Lead Case No: OLT-22-004186

OLT Case Name: Rangeview Landowners Group Inc. v. Mississauga (City)

Heard: October 24, 2022 by Video Hearing

APPEARANCES:

Parties

Counsel

Lakeview Community Partners Ltd. (“Applicant’)

Patrick Harrington Ira Kagan

Stratos Technologies Inc. (“Appellant”) City of Mississauga (“City”)

Meredith Baker Lia Magi

MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON OCTOBER 24, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a Case Management Conference (“CMC”) on an appeal filed by Rangeview Landowners Group Inc. and Stratos Technologies Inc. (“Appellants”) against the City of Mississauga (“City”) Council decision, in relation to a Zoning By-law Amendment (“ZBLA”) application concerning 1082 Lakeshore Road East and 800 Hydro Road (“Subject Lands”).

2The purpose and effect of the ZBLA application is to amend the zoning to permit a mixed-use and multi-phase project that will create a waterfront community of 8,050 residential units (townhouse, mid-rise and high-rise), parks, institutional, cultural, employment, and commercial uses.

3The Notice of Affidavit was marked as Exhibit 1.

PARTICIPANT STATUS REQUEST

4During the start of the hearing, one Participant Status request was received from Lakeview Ratepayers Association. There were no objections raised by the Parties to the Participant request.

5Trevor Baker, President of the Association, advised there are approximately 500 members, and the Association was incorporated in 1921. The Tribunal determined that the Participant had an interest in these proceedings and granted on consent Participant Status.

HEARING

6Prior to the hearing, Rangeview Landowners Group Inc. provided a Notice of withdrawal of their appeal to the Tribunal. The Tribunal noted the withdrawal of the appeal. Stratos Technologies Inc. is now the sole Appellant.

7Patrick Harrington, Counsel for the Applicant provided background of the application. Mr. Harrington stated the application is to change the official plan, zoning and to approve a plan of subdivision to permit a mixed-use and multi-phase project that will create a waterfront community of 8,050 residential units (townhouse, mid-rise and high-rise), parks, institutional, cultural, employment, and commercial uses. The ZBLA is intended to implement these designations.

8The Appellant concerns revolve around growth and density which would rely on the new collector road. There are issues with the Traffic Impact Studies.

9Mr. Harrington advised that he will be seeking a one (1) day motion hearing to dismiss the Stratos Technologies Inc. appeal.

10Mr. Harrington also requested a five (5) day hearing considering there will be several transportation and planning expert witnesses concerning the appeal. Mr. Harrington advised that a Draft Procedural Order and Issues List have been submitted to the Tribunal which will be finalized before the next hearing date. Mr. Harrington as Applicant counsel will coordinate the final Procedural Order.

11Counsel for the Appellant Meredith Baker agreed with the final Procedural Order and timelines as suggested.

12The intent of the Parties is to set a one (1) day Motion hearing at the next available date and to set a five (5) day Hearing at the next available date. As noted above, according to the Parties, this proposed timeframe will allow for finalization of the Procedural and Issues List.

13The Tribunal conferred with the Tribunal scheduling coordinator, which had a conflict for five (5) days therefore, the hearing will be scheduled for four (4) days. This is also in consideration that there will only be one Appellant since the other Appellant withdrew their appeal.

MEDIATION

14The Tribunal inquired about the need for Tribunal-led mediation. Mr. Harrington advised due to the facts of the Appeal there is no interest at this point for mediation.

15Ms. Baker advised there didn’t seem to be a willingness on either side to pursue mediation at this time.

HEARING DATES

16The Tribunal directs that a Motion Hearing (1 day) will be held by video hearing commencing on Wednesday, January 11, 2023, at 10 a.m.

17Furthermore, if required, the Tribunal directs that a four (4) day hearing will be held by video hearing commencing on Tuesday, February 21, 2023, at 10 a.m.

18The hearings are scheduled to proceed by video as follows:

Wednesday, January 11, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/914098901 Access code: 914-098-901 Audio-only telephone line: +1 (647) 497-9373 Audio-only access code: 914-098-901

Tuesday, February 21, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/344779885 Access code: 344-779-885 Audio-only line: +1 (647) 497-9373 Audio-only access code: 344-779-885

19Parties 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 at: https://app.gotomeeting.com/home.html.

20Persons 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 provided above.

21Individuals 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 hearing 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.

22No further notice will be given.

23The Tribunal Member is not seized but may be spoken to for case management purposes subject to the availability of the Tribunal’s calendar.

24The directions in this Decision are so ordered.

“Eric S. Crowe”

ERIC S. CROWE 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.