Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 25, 2022 CASE NO.: OLT-21-001142
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Stellarcorp Developments 420 Inc.
Subject: Request to amend the Official Plan - Failure of City of Mississauga to adopt the requested amendment
Existing Designation: Mixed use
Proposed Designated: Residential High Density
Purpose: To permit residential development Property Address/Description: 420 Lakeshore Road East Municipality: City of Mississauga
Approval Authority File No.: City file PAIOZ 20/009 - Ward 1 OLT Case No.: OLT-21-001142
OLT File No.: OLT-21-001142
OLT Case Name: Stellarcorp Developments 420 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: Stellarcorp Developments 420 Inc.
Subject: Application to amend Zoning By-law 0225-2007 Neglect of City of Mississauga to make a decision
Existing Zoning: C4 (Mainstreet Commercial)
Proposed Zoning: RA5-Exception (Apartments - Exception)
Purpose: To permit residential development Property Address/Description: 420 Lakeshore Road East Municipality: City of Mississauga
Municipality File No.: City file PAIOZ 20/009 - Ward 1
OLT Case No.: OLT-21-001142
OLT File No.: OLT-21-001143
BEFORE:
D. S. COLBOURNE ) Friday the 25th
MEMBER ) day of March, 2022
THE TRIBUNAL ORDERS that the Procedural Order, attached hereto as Schedule “1” shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing scheduled to commence on Monday, August 15, 2022 at 10 a.m. by video conference, at: https://global.gotomeeting.com/join/692665589, Access code: 692-665-589
Persons 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: (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 692-665-589.
The length of the hearing will be seven (7) days.
“Euken Lui ”
EUKEN LUI REGISTRAR
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.
Schedule “1”
CASE NO(S).: OLT-21-001142 and OLT-21-001143
PROCEEDING COMMENCED UNDER (subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Stellarcorp Developments 420 Inc.
Subject: Request to amend the Official Plan - Failure of City of Mississauga to adopt the requested amendment
Existing Designation: Mixed Use
Proposed Designated: Residential High Density Purpose: To permit residential development
Property Address: 420 Lakeshore Road East
Municipality: City of Mississauga
Approval Authority File No.: City file PAIOZ 20/009 - Ward 1 LPAT Case No.: OLT-21-001142
LPAT File No.: OLT-21-001142
LPAT Case Name: Stellarcorp Developments 420 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: Stellarcorp Developments 420 Inc.
Subject: Application to amend Zoning By-law 0225-200 Neglect of City of Mississauga to make a decision
Existing Zoning: C4 (Mainstreet Commercial)
Proposed Zoning: RA5-Exception (Apartments - Exception) Purpose: To permit residential development
Property Address: 420 Lakeshore Road East
Municipality: City of Mississauga
Approval Authority File No.: City file PAIOZ 20/009 - Ward 1 LPAT Case No.: OLT-21-001142
LPAT File No.: OLT-21-001143
LPAT Case Name: Stellarcorp Developments 420 Inc. v. Mississauga
(City)
PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
The video hearing will begin on August 15, 2022 at 10:00 a.m./p.m. by video conference at https://global.gotomeeting.com/join/692665589
Access code: 692-665-589
Or by phone at 647) 497-9373 or Toll Free 1-888-299-1889. The access code is
692-665-589.
The parties’ initial estimation for the length of the hearing is 7 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the
representative’s name, address, email address and the phone number as soon as possible.
- Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
- A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they
June 21, 2022
will be called. This list must be delivered on or before and in
accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
9.
July 22, 2022
Expert witnesses in the same field shall have a meeting on or before
and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before July 29, 2022.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.
On or before July 8, 2022, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before July 8, 2022, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before August 5, 2022, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the
hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within fourteen (14) days after the evidence is received and in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before August 5, 2022.
Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the OLT case co-ordinator, on or before the evening before cross-examination.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before August 8, 2022 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
THIS MEMBER IS [NOT] SEIZED. SO ORDERS THE TRIBUNAL. BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
PARTIES
ATTACHMENT “1”
STELLARCORP DEVELOPMENT 420 INC.
c/o Mary Flynn-Guglietti
McMillan LLP Brookfield Place
181 Bay Street, Suite 4400 Toronto, ON
M5J 2T3
Email: Mary.flynn@mcmillan.ca Tel: 416-865-7292
THE CITY OF MISSISSAUGA
c/o Lia Magi
Legal Department
300 City Centre Drive – 4th Floor Mississauga, ON L5B 1M7 Email: Lia.Magi@mississauga.ca Tel: 289-971-0682
METRO ONTARIO REAL ESTATE LIMITED (“METRO”)
c/o Conner Harris
Rayman Beitchman LLP
250 Yonge Street, Suite 2200 Toronto, ON
M5B 2L7
Email: conner@rbllp.com Tel: (416) 597-5422
PARTICIPANTS
BORIS ROSOLAK
Email: brosolak@rogers.com Tel: 905-891-8179
LAKEVIEW RATEPAYERS ASSOCIATION C/O DEBORAH GOSS
Email: admin@lakeviewratepayers.com Tel: 647-302-9618
NOTE: Ms. Goss has been requested to provide a certificate of incorporation for the LRA but has not yet confirmed that the LRA is incorporated
LAURA MCLEAN-CLEARY
Email: laurajmclean@gmail.com Tel: 647-295-9538
MAIRI BURNS
Email: mjburns1965@gmail.com Tel: 416-602-4807
MICHAEL COOKE
Email: mike@greenwaygeneral.com Tel: 647-272-1393
ADRIAN & LORETTA GOUDAS
Email: ilorettalee@gmail.com Tel : 416 993-9159
RON TURK (Self Represented) Email: sixturks@rogers.com Tel: (416) 606-8773
ATTACHMENT “2” PARTIES ISSUES LISTS
The identification of an issue does not mean that all parties agree that such issues, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.
Issues List of the City of Mississauga PLANNING ACT:
- Does the proposed development have regard to matters of Provincial interest as outlined in Section 2 of the Planning Act?
PROVINCIAL POLICIES:
Does the proposed development demonstrate consistency with the Provincial Policy Statement 2020, including but not limited to Section 1.1.3 Settlement Areas?
Does the proposed development conform to the Growth Plan for the Greater Golden Horseshoe, including but not limited to:
(a) Policy 2.2.2.3 – All municipalities will develop a strategy to achieve the minimum intensification target and intensification throughout delineated built- up areas
(b) Policy 5.2.5.6 – Municipalities will develop and implement urban design and site design official plan policies and other supporting documents that direct the development of a high quality public realm and compact built form
REGION OF PEEL OFFICIAL PLAN:
- Does the proposed development conform to the Region of Peel Official Plan in relation to Section 5.3 Urban System, as it relates to respecting the characteristics of existing communities, including policies 5.3.1.3; 5.3.1.4; 5.3.1.7; and 5.3.2.6;
MISSISSAUGA OFFICIAL PLAN:
- Does the proposed development conform to the Mississauga Official Plan, including but not limited to policies in:
a. Chapter 5: Direct Growth - Sections 5.3.5 Neighbourhoods and 5.4 Corridors;
b. Chapter 7: Complete Communities – Section 7.2 Housing
c. Chapter 9: Build a Desirable Urban Form – Sections 9.2.1 Intensification Areas, 9.2.2 Non-Intensification Areas, and 9.5 Site Development and Buildings
d. Chapter 19: Implementation – Sections 19.5 Criteria for Site Specific Official Plan Amendments, and 19.8 Bonus Zoning1
LAKEVIEW LOCAL AREA PLAN & BUILD FORM STANDARDS:
- Does the proposed development conform to the Lakeview Local Area Plan, including but not limited to policies in:
a. Chapter 5.0: Vision – Sections 5.1 Guiding Principles and 5.2 Community Concept
b. Chapter 6.0: Direct Growth – Sections 6.1 Neighbourhood Character Areas,
6.2 Lakeshore Road Corridor,
c. Chapter 8.0 Complete Communities – Section 8.1 Housing
d. Chapter 10.0 Desirable Urban Form – Section 10.2 Lakeshore Corridor
e. Built Form Standards – Sections 2.2.5 Apartment Dwellings, 3.0 Lakeshore Corridor Precinct
PLANNING, DESIGN & LANDSCAPE ISSUES:
- Does the proposed development appropriately implement:
a. The Direct Growth and Urban Form Policies of Mississauga Official Plan and the Lakeview Local Area Plan
b. The Lakeview Local Area Plan Built Form Standards
c. The urban design guidelines and standards of the City of Mississauga, including but not limited to: Mississauga Standards for Shadow Studies, Pedestrian Wind Comfort and Safety Studies and Outdoor Amenity Area Design Reference Note
Is the proposed development consistent with the Mississauga Official Plan urban structure and does it represent an appropriate level of intensification in a Neighbourhood?
Does the proposed development respect the existing and planned character of Lakeshore Road?
Does the subject property represent an appropriate location for a Tall Building, as defined in the Mississauga Official Plan Glossary?
Does the proposed development represent an appropriate built form and do features present unacceptable impacts on the surrounding environment, including the adjacent residential low density area?
Is approval of the proposal premature, until requested information has been provided and assessed including:
a. noise impacts from vehicles entering and exiting the site
b. sun/shadow impacts on residential amenity space immediately abutting the development as well as lands owned by the Credit Valley Conservation Authority on the eastern side of Enola Avenue.
- Does the proposed development incorporate appropriate amenity space, landscape area and buffers?
PARKING
- Has the applicant adequately justified the proposed reduction in parking rates from 276 spaces required by the by-law to 191 spaces proposed for the development?
TRANSPORTATION & WORKS
- Is approval of the proposal premature until the following is provided to the City’s satisfaction or, alternatively, is the use of an “H” Holding Symbol appropriate, should the Tribunal allow the appeal in whole or in part:
a. Traffic Impact Study
b. Functional Servicing Report update and hydrogeological report
- Is approval of the proposal premature until the following is provided to the City’s satisfaction or alternatively is the use of an “H” Holding Symbol appropriate, should the Tribunal allow the appeal in whole or in part:
a. Delivery of an updated Phase 2 Environmental Site Assessment and supporting documentation;
b. Temporary Discharge to Storm Sewer Commitment Letter;
c. Environmental compliance approval for proposed storm sewer extension;
d. Record of Site Condition including all supporting documentation and Reliance letter
e. Delivery of environmental documentation for any land dedication
f. Updated Grading and Servicing drawings
g. Gratuitous land dedication of sight triangles
h. Delivery of an Executed Development Agreement, including but not limited to the provision of a municipal right of way streetscape plan
i. Revision of the ground floor plan so that the two bike storage rooms meet requirements of the Fire Prevention Plan Examiner
In the event that the Tribunal allows the appeal in whole or in part, should the Final Order be withheld pending the City Solicitor advising the Tribunal that the Owner and City have agreed to the final form of the Official Plan Amendment and Zoning By-law Amendment?
In the event that the Tribunal allows the appeal in whole or in part, should the Final Order be withheld pending the City Solicitor advising the Tribunal that the Owner has agreed to provide appropriate community benefits pursuant to Section 371 of the Planning Act, and that a Section 37 Agreement has been executed and registered on title ot the satisfaction of the City Solicitor?
SUMMARY:
- Does the proposed development represent good planning and is it in the public interest?
NOTES:
1The City acknowledges that the Section 37 density bonusing provision will not apply as of the earlier of the City passing a Community Benefits Charges By-law, or September 18, 2022
Issues List of Metro
Do the applications, or any proposed modifications to the applications, negatively impact the operations of the grocery store owned and operated by Metro on the neighbouring lands at 406 Lakeshore Road East (the “Metro Lands”)
Do the applications, or any proposed modifications to the applications, restrict or otherwise negatively impact the future redevelopment potential of the Metro Lands?
Do the applications, or any proposed modifications to the applications, support the co-ordinated, appropriate, and orderly redevelopment of lands in the surrounding area, including the Metro Lands and those lands further to the west?
ATTACHMENT “3” ORDER OF EVIDENCE
Stellarcorp Developments 420 Inc. c/o Mary Flynn-Guglietti;
City of Mississauga c/o Lia Magi;
Metro c/o Connor Harris; and,
Reply by Stellarcorp Developments 420 Inc. c/0 Mary Flynn-Guglietti
ATTACHMENT “4” SUMMARY OF DATES
Due Date
June 21, 2022
List of Witnesses
July 8, 2022
Witness and Expert Witness Statements
July 8, 2022
Participant Statements
July 22, 2022
Expert Meeting
July 29, 2022
Statement of Agreed Facts and Issues
August 5, 2022
Visual Evidence
August 5, 2022
Joint Document Book
August 8, 2022
Preliminary Hearing Plan
The evening before cross-examination
Documents which may be used by a party in cross- examination of an opposing party’s witness
August 15, 2022
Hearing (7 Days)