Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 25, 2022
CASE NO(S).:
OLT-21-001693
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
BET Realty Limited and 3420 Hurontario Street Incorporated
Subject:
Request to amend the Official Plan - Failure of City of Mississauga to adopt the requested amendment
Existing Designation:
Residential High Density” and “Office”
Proposed Designated:
Residential High Density – Special Site
Purpose:
To permit residential, retail and office uses
Property Address/Description:
3420 and 3442 Hurontario Street
Municipality:
City of Mississauga
Approval Authority File No.:
OZ 20/022 W7
OLT Case No.:
OLT-21-001693
OLT File No.:
OLT-21-001693
OLT Case Name:
BET Realty Limited 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:
BET Realty Limited and 3420 Hurontario Street Incorporated
Subject:
Application to amend - Zoning Bylaw 0225-2007
, as amended and neglect of City of Mississauga to make a decision
Existing Zoning:
“RA-3-20 – Residential Apartment 3 Zone Exception 20” and “0-10” – Office Exception Zone 10”
Proposed Zoning:
“RA5-XX”
Purpose:
To permit residential, retail and office uses
Property Address/Description:
3420 and 3442 Hurontario Street
Municipality:
City of Mississauga
Municipality File No.:
OZ 20/022 W7
OLT Case No.:
OLT-21-001693
OLT File No.:
OLT-21-001694
Heard:
June 30, 2022 by video hearing (“VH”)
APPEARANCES:
Parties
Counsel
BET Realty Ltd. & 3420 Hurontario Street Inc.
Jonathon Cheng
City of Mississauga (“City”)
Lia Magi
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON JUNE 30, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by BET Realty Ltd. and 3420 Hurontario Street Inc. (“Applicant”) following City’s neglect/failure to render a decision respecting an Official Plan Amendment and Zoning By-law Amendment application to permit two apartment buildings, 30 and 36 storeys consisting of 680 dwelling units with ground floor office and/or retail commercial uses, at 3420 and 3442 Hurontario Street.
Service of Notice of CMC
2There was no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
Requests for Status
3There were no requests for either party or participant status.
MEDIATION AND SETTLEMENT
4The Tribunal explored the possibility of mediation and settlement with the parties. The parties both expressed openness to resolution discussions and/or Tribunal-led mediation but concurred that it is premature at the current early stages of the matter.
PROCEDURAL ORDER AND ISSUES LIST
5The Applicant indicated that it has prepared a draft Procedural Order (“PO”) and Issues List. However, the City has yet to provide instructions to counsel regarding same. The Parties agreed that it would be prudent to schedule a second CMC to deal with the draft PO and Issues list, and the Tribunal agreed. The Tribunal made it clear to the parties that it expects a finalized draft PO at the next CMC, and the parties assured the Tribunal that this would be delivered. The Applicant requested, and the City agreed, to set a deadline to have the City’s Issues List served on it.
Second Case Management Conference
6Upon request of the parties, the Tribunal set a Second CMC commencing on Friday, September 16, 2022 at 10 a.m. by VH. No further Notice is required for the hearing.
7Parties and participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/692665589
Access Code: 692-665-589
8Parties 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.
9Persons 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: Toll-Free 1-888-455-1389 or +1 (647) 497-9391. The Access Code is as indicated above.
10Individuals 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 VH 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
11The Tribunal Orders that:
The date and particulars of the Second CMC are set out above;
The City will serve its Issues List on the Applicant no later than Friday, August 26, 2022;
The Parties will jointly file a draft PO with the Tribunal no later than Friday, September 9, 2022;
No further notice is required and the Member is not seized.
“K.R. Andrews”
K.R. ANDREWS
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.