Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 30, 2022
CASE NO(S).: OLT-22-004078
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 128 Lakeshore Road East LP Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Purpose: To permit an 11-storey mixed-use building
Property Address: 128 Lakeshore Road East
Municipality: City of Mississauga
Municipal File No.: OZ/OPA 22-5 W1
OLT Case No.: OLT-22-004078
OLT Lead Case No.: OLT-22-004078
OLT Case Number: 128 Lakeshore Road East LP Inc. v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 128 Lakeshore Road East LP Inc.
Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision
Purpose: To permit an 11-storey mixed-use building
Property Address: 128 Lakeshore Road East
Municipality: City of Mississauga
Municipal File No.: OZ/OPA 22-5 W1
OLT Case No.: OLT-22-004079
OLT Lead Case No.: OLT-22-004078
Heard: October 18, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 128 Lakeshore Road East LP Inc. | David Bronskill |
| City of Mississauga | Graham Walsh |
DECISION DELIVERED BY C. HARDY AND ORDER OF THE TRIBUNAL
1This Decision relates to an appeal brought pursuant to s. 22(7) and s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) from the failure of the City of Mississauga (“City”) to make a decision within statutory timeframes of the Act with respect to applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBLA”). The appeal has been filed by 128 Lakeshore Road East LP Inc. (“Appellant”) regarding lands located at 128 Lakeshore Road East, Mississauga (“Subject Property”).
2The Subject Property is located at the northwest corner of Lakeshore Road East and Ann Street with frontage of approximately 20.0 metres on Lakeshore Road East and approximately 46.2 metres on Ann Street. The Subject Property currently contains a 2-storey commercial building and surface parking with vehicular access from Ann Street.
3The Appellant intends to redevelop the Subject Property with an 11-storey mixed-use building containing approximately 42 residential dwelling units, retail/commercial uses at-grade and underground parking.
4On October 18, 2022, the Tribunal held its first Case Management Conference, (“CMC”) at which it addressed procedural issues, the identification of Parties and Participants, review of a draft Procedural Order and Issues List, and scheduling of hearing dates.
Procedural Matters
5The Tribunal confirmed with the Parties that the appeals of files OLT-22-004078 and OLT-22-004079 have been administratively consolidated.
6There were no issues with service of Notice for the CMC, and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Mina Siskopoulos dated September 9, 2022, which was marked as Exhibit 1.
Requests for Status
7Prior to the CMC, the Tribunal received 1 request for Participant status from Ed Praulins, who is self-represented. Mr. Praulins resides in a building adjacent to the Subject Property and raises a number of concerns, including height, distance separation, noise and lack of parking.
8The Tribunal did not receive any objections from the Parties and granted Participant status on consent to Mr. Praulins.
9At the CMC, upon the Tribunal canvassing if there were any other persons seeking Participant status, Louie Carnevale requested a description from the Tribunal of what Participant status means. Upon hearing the Tribunal’s explanation, Mr. Carnevale indicated that he is a neighbour of the Subject Property and would like to seek Participant status.
10The Parties consented to Mr. Carnevale’s participant request providing that Mr. Carnevale provide his contact information. The Tribunal directed Mr. Carnevale to complete the Participant status Request Form and submit it to the Tribunal on or before November 1, 2022.
11On October 31, 2022, Mr. Carnevale filed a Participant Status Request Form, which the Tribunal has reviewed. The Tribunal granted Participant status to Mr. Carnevale on consent of the parties.
12The Tribunal did not receive any requests for Party status and no other persons or entities were present at the CMC requesting Party status.
Opportunities for Settlement
13The Appellant advised the Tribunal that the Parties have not engaged in meaningful discussions to date; however, both Parties anticipated discussions would commence in the months following the CMC.
Draft Procedural Order and Issues List
14The Appellant stated that the Parties had worked together to prepare a Draft Procedural Order and Issues List, which was submitted to the Tribunal. The Appellant further advised that exchange dates and details in the Procedural Order would be finalized once hearing dates were set.
15The Tribunal raised concerns with the broad scope of Issues 2 and 3 and directed the Parties to work together to refine those issues. The Parties agreed and the City noted that the issues may be able to be scoped further once instruction from Council has been received.
16The Appellant agreed to submit the final Draft Procedural Order and Issues List to the Tribunal on or before October 28, 2022. The Parties failed to meet the deadline imposed by the Tribunal, and as of the date of this Decision, the Tribunal was not in receipt of the final Draft Procedural Order and Issues List.
Scheduling Hearing Dates
17After some discussion at the CMC, the Parties jointly requested that the Tribunal schedule an eight-day (“8-day”) Hearing for the appeal. They identified witnesses that they propose to call and the time that they estimate each witness will require. The Tribunal scheduled an 8-day hearing commencing October 10, 2023. The Tribunal will not sit on Monday, October 16, 2023.
ORDER
18The Tribunal orders that Ed Praulins and Louie Carnevale are Participants in this proceeding.
19The Tribunal directs the Appellant to submit to the Case Coordinator a final Draft Procedural Order and Issues List on or before Monday, December 12, 2022. If the Parties are unable to meet the filing deadline, the Appellant will provide a written status update to the Case Coordinator on or before December 12, 2022.
20The Tribunal orders that the Video Hearing in this matter is scheduled to proceed on Tuesday, October 10, 2023 at 10 a.m. Eight days have been set aside. The Tribunal will not sit on October 16, 2023.
21Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/442599157
Access code: 442-599-157
22Parties 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
1Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event, can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9391 or toll-free: 1-888-455-1389. The access code is 442-599-157.
2Individuals 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 Video Hearing 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.
23The Member is not seized, but will, however, remain available for Case Management subject to the Tribunal’s calendar.
24No further notice will be given.
25This is the Order of the Tribunal.
“C. Hardy”
c. hardy
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.