Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 6, 2022
CASE NO(S).: OLT-22-003844
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: 1407 Lakeshore Developments Inc.
Appellant: 2828778 Ontario Inc.
Subject: Proposed Official Plan Amendment
Description: The purpose of this Amendment is to revise policies pertaining to height and urban design in the Lakeview Local Area Plan.
Reference Number: OPA 131
Property Address: Various Addresses
Municipality/UT: Mississauga/Peel
OLT Case No: OLT-22-003844
OLT Lead Case No: OLT-22-003844
OLT Case Name: 1407 Lakeshore Developments Inc. v. Mississauga (City)
Heard: August 30, 2022 by video hearing
APPEARANCES:
Parties
Counsel
1407 Lakeshore Development Inc.
Leo Longo
2828778 Ontario Inc.
Mary Flynn Guglietti
City of Mississauga
Lia Magi
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON AUGUST 30, 2022 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) for this case.
2The purpose of the CMC was to receive status updates from both parties to organize the hearing of these appeals.
OVERVIEW
3The purpose of this proposed Official Plan Amendment (“OPA 131”) is to revise policies pertaining to height and urban design in the Lakeview Local Area Plan of the City of Mississauga (“City”).
The lands affected by OPA 131 are located along Lakeshore Road East between Seneca Avenue and the Etobicoke Creek. The subject lands are located in the Lakeview Neighbourhood Character Area, as identified in the City’s Official Plan. Council of the City approved this amendment
NATURE OF THE APPEALS
42828778 Ontario Inc. plans a development on 420 Lakeshore Road East
51407 Lakeshore Developments Inc. plans a development on 1041 and 1407 Lakeshore Road East
6Accordingly the Appellants claim that the OPA 131’s maximum height policy is inconsistent with the Provincial Policy Statement 2020 (“PPS”) and fails to conform with the A Place to Grow: The Growth Plan for the Greater Golden Horseshoe 2019 (“Growth Plan”) and the Region of Peel Official Plan.
7The Tribunal was informed that in regards to 2828778 Ontario Inc.’s site specific appeal at 420 Lakeshore Road East referenced by OLT files 21-001142 and 21-00143, a Settlement Agreement had been presented to the Tribunal.
8Once the settlement has been approved, the Appeal will be withdrawn.
9The Tribunal heard that 1407 and 1041 Lakeshore Road East are Site Specific applications calling a for proposed development height of:
a. 1041 Lakeshore Road East at 10 storeys
b. 1407 Lakeshore Road East at 9 storeys
10The Region of Peel Official Plan has a maximum height allowance of 8 storeys.
11Mr. Longo informed the Tribunal that his client will retain their appeal regarding the site specific issues at 1407 and 1041 Lakeshore Road East.
12The Tribunal heard that no recommendation report of the City has yet been received.
13The Tribunal hereby schedules a second CMC of these proceedings on Monday January 23, 2023 at 10 a.m.
14Parties 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.
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
15Parties 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
16Persons 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) 497-9373 or (Toll-Free) 1(888) 299-1889. Access code is 709-076-365.
17Individuals 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.
ORDER
18THE TRIBUNAL ORDERS AS FOLLOWS:
The appeal by 1407 Lakeshore Developments Inc. against OPA 131 is limited to the properties known as 1041 Lakeshore Road East and 1407 Lakeshore Rd East.
The appeal by 2828778 Ontario Inc. against OPA 131 is limited to the property known as 420 Lakeshore Road East.
The balance of OPA 131 shall remain in force and effect.
The coming into force and effect of OPA 131 is without prejudice to the positions taken by the parties to any site-specific appeal, such that if those appeals proceed to a subsequent hearing or motion, either on their own or as may be consolidated with other proceedings, the City shall not be permitted to take the position that the Tribunal ought not to approve site-specific or area-specific amendments to OPA 131 on the basis that such amendments deviate from or are inconsistent with the OPA 131 as brought into force by this Order. However, this does not affect the City’s right to assert that OPA 131, to the extent brought into force by this Order, should be applied to specific sites or areas without amendment on the basis that doing so is consistent with the Planning Act and any applicable provincial policies, conforms to regional and City official plans and/or constitutes good planning.
Notwithstanding anything ordered above, the Tribunal retains jurisdiction to consider and approve amendments to any policies, schedules, and associated text approved as may be appropriate to dispose of any of the outstanding appeals before the Tribunal, in accordance with the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6.
19THE TRIBUNAL FURTHER ORDERS that it may be spoken to in the event of any matters that should arise in the connection with the implementation of this Order.
20The Member is seized.
“Carmine Tucci”
CARMINE TUCCI
MEMBER
Ontario Land Tribunal
Website: www.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.