Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

May 16, 2023

CASE NO(S).:

OLT-22-003367 (Formerly PL200230)

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant and Appellant:

Plazacorp. Properties Ltd.

Subject:

Request to amend the Official Plan – Refusal of request by City of Mississauga

Existing Designation:

Residential Low Density

Proposed Designated:

Residential Medium Density

Purpose:

To permit 101 back-to-back stacked townhomes

Property Address/Description:

2512, 2522 and 2532 Argyle Road

Municipality:

City of Mississauga

Approval Authority File No.:

OZ 18/017

OLT Case No.:

OLT-22-003367

Legacy Case No.:

PL200230

OLT Lead Case No.:

OLT-22-003367

Legacy Lead Case No.:

PL200230

OLT Case Name:

Plazacorp. Properties Ltd. 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:

Plazacorp. Properties Ltd.

Subject:

Application to amend the Zoning By-law No. 225-2007 – Refusal of application by City of Mississauga

Existing Designation:

Proposed Designated:

RM9 – Exception

Purpose:

To permit 101 back-to-back stacked townhomes

Property Address/Description:

2512, 2522 and 2532 Argyle Road

Municipality:

City of Mississauga

Approval Authority File No.:

OZ 18/017

2 OLT-22-003367

OLT Case No.:

OLT-22-003369

Legacy Case No.:

PL200231

OLT Lead Case No.:

OLT-22-003367

Legacy Lead Case No.:

PL200230

BEFORE:

G.C.P. BISHOP

Friday, the 12th

ALTERNATE-CHAIR

day of May, 2023

THESE MATTERS, in respect of the lands at 2512, 2522 and 2532 Argyle Road in the City of Mississauga, having come for a public hearing on May 31, 2021 before the Ontario Land Tribunal (the "Tribunal") and the Tribunal having issued a Decision and Interim Order on November 3, 2022 allowing the Applicant/Appellant’s appeals of the request to amend the City of Mississauga Official Plan and application to amend City of Mississauga Zoning By-law 0225-2007; and

THE TRIBUNAL HAVING BEEN ADVISED by the Parties on May 12, 2023, that the proposed Official Plan Amendment and Zoning By-law Amendment have been reviewed and approved with respect to form and content, and that the City and the Applicant are thus jointly requesting that the Tribunal proceed to issue its Final Order on that basis;

AND THE TRIBUNAL having received, considered and determined the request for the Final Order on Friday, on the 12th day of May, 2023;

AND THE TRIBUNAL BEING SATISFIED that the prior conditions to the Final Orders previously imposed by the Tribunal, upon the consent of the parties, have been satisfied or will now be appropriately addressed and that it is accordingly appropriate that the Tribunal issue its Final Order amending the City’s Official Plan and the identified Zoning By-law through the revised instruments now submitted for final approval upon the joint request of the City and the Applicant;

3 OLT-22-003367

NOW THEREFORE

THE TRIBUNAL ORDERS that the Appeals are allowed in part and:

The City of Mississauga Official Plan is amended in accordance with the official plan amendment attached hereto as Attachment "A";
Zoning By-law No. 0225-2007 of the City of Mississauga is amended in accordance with the zoning by-law amendment attached hereto as Attachment "B"; and

THE TRIBUNAL authorizes the municipal clerk to format, as may be necessary, and assign a number to these by-laws for record keeping purposes.

“Euken Lui”

EUKEN LUI ACTING REGISTRAR

Attachment A

Amendment No. 156 to

Mississauga Official Plan

Amendment No. 156 to

Mississauga Official Plan

The following text and Map "A" attached constitute Amendment No. 156.

PURPOSE

The purpose of this Amendment is to change the land use designation of the subject lands from Residential Low Density I to Residential Medium Density to permit back to back stacked townhouse dwellings.

LOCATION

The lands affected by this Amendment are located south of Dundas Street West, west of Confederation Parkway. The subject lands are located in the Cooksville Neighbourhood Character Area, as identified in Mississauga Official Plan.

BASIS

Mississauga Official Plan came into effect on November 14, 2012, save and except for the outstanding site specific appeals to the Ontario Land Tribunal.

The subject lands are designated Residential Low Density I which permits detached dwellings, semi-detached dwellings and duplex dwellings.

An Official Plan Amendment is required to change the designation from Residential Low Density I to Residential Medium Density in order to permit all forms of townhouse dwellings.

DETAILS OF THE AMENDMENT AND POLICIES RELATIVE THERETO

Schedule 10, Land Use Designations, of Mississauga Official Plan, is hereby amended by changing the land use designation of the subject lands from Residential Low Density I to Residential Medium Density, as shown on

Map "A" of this Amendment.

IMPLEMENTATION

Upon receipt of the Ontario Land Tribunal's Final Order, Mississauga Official Plan will be amended in accordance with the Order.

The lands will be rezoned as part of the same Tribunal Order.

This Amendment has been prepared based on the Office Consolidation of Mississauga Official Plan dated March 3, 2023.

INTERPRETATION

The provisions of Mississauga Official Plan, as amended from time to time regarding the interpretation of that Plan, will apply in regard to this Amendment.

This Amendment supplements the intent and policies of Mississauga Official Plan.

http://teamsites.mississauga.ca/sites/18/mopa/oz 18 017 w7.mopa 156 olt.jf.jmcc.docx

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LAND USE DESIGNATIONS

D Residential Low Density I D Business Employment

D Residential Low Density II - Industrial

Residential Medium Density D Airport
Residential High Density D Institutional
Mixed Use - Public Open Space Downtown Mixed Use - Private Open Space

D Downtown Core Mixed Use D Greenlands

Convenience Commercial D Parkway Belt West

Motor Vehicle Commercial □Utility

D Office

BASE MAP INFORMATION

■■■ Heritage Conservation District M Civic Centre (City Hall)

-6City CentreTransit Terminal

,:: GO Rail Transit Station

1111 LBPIA Operating Area Boundary 6 Public School See Aircraft Noise Policies ◄

♦ Catholic School

rlZJ tBP loep r;tt n;.rea Hospital

Natural Hazards 1D Community Facilities

City Structure

!!!!!! Downtown Corporate Centre

... Major Node l[ji Employment Area Community Node Special Purpose Area Neighbourhood

D AREA OF AMENDMENT FROM:

D RESIDENTIAL LOW DENSITY I

TO:

RESIDENTIAL MEDIUM DENSITY

MAP 'A'

Part of Schedule 10 Land Use Designations

of Mississauga Official Plan

MISSISSaUGa

EXISTING LAND USE DESIGNATION

AMENDED LAND USE DESIGNATION

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Attachment B

ONTARIO LAND TRIBUNAL OLT Lead Case No. OLT-22-003367

ORDER DATED

OLT Case No. OLT-22-003369

(Legacy Lead Case No. PL200230, Legacy Case No. PL200231)

Plazacorp. Properties Ltd.

By-law Number 0225-2007, as amended, being a City of Mississauga Zoning By-law, is amended by adding the following Exception Table:

4.14.2.5

Exception: RM9-5

Map # 15

By-law:

In a RM9-5 zone the permitted uses and applicable regulations shall be as specified for a RM9 zone except that the following uses/regulations shall apply:

Regulations

4.14.2.5.1

Maximum number of dwelling units on all lands zoned RM9-5

101

4.14.2.5.2

Maximum floor space index

1.5

4.14.2.5.3

Maximum height: flat roof

16.0 m and 4 storeys

4.14.2.5.4

Notwithstanding Sentence 4.14.2.5.20 of this Exception, maximum projection of a balcony, deck, patio, and porch, exclusive of stairs, from the outermost face or faces of the building

3.4 m

4.14.2.5.5

Notwithstanding Sentence 4.14.2.5.20 of this Exception, maximum projection of an awning or window well, exclusive of stairs, from the outermost face or faces of the building

1.0 m

4.14.2.5.6

Notwithstanding Sentence 4.14.2.5.20 of this Exception, a building projection, with windows that cover a minimum of 50% of the total projection, may project a maximum of 0.61 m from the outermost face or faces of the building, provided that the building projection is not more than 3.6 m wide

Page 1 of 5

4.14.2.5

Exception: RM9-5

Map # 15

By-law:

4.14.2.5.7

Minimum internal setback from a porch or patio, exclusive of stairs, located at and accessible from the first storey or below the first storey to a condominium road, sidewalk, walkway or parking space

0.0 m

4.14.2.5.8

Minimum internal setback from a front wall of a building to a condominium road, sidewalk, walkway or parking space

3.3 m

4.14.2.5.9

Minimum internal setback from a side wall of a building to a walkway

0.0 m

4.14.2.5.10

Minimum number of resident parking spaces per studio and one bedroom dwelling units

1.1

4.14.2.5.11

Minimum number of resident parking spaces per two bedroom dwelling unit

1.3

4.14.2.5.12

Minimum number of resident parking spaces per three bedroom dwelling unit

1.4

4.14.2.5.13

Minimum number of visitor parking spaces per dwelling unit

0.25

4.14.2.5.14

Minimum setback of a parking structure constructed completely below finished grade to the front lot line

0.4 m

4.14.2.5.15

Minimum setback of a parking structure constructed completely below finished grade to the northerly side lot line

2.0 m

4.14.2.5.16

Minimum setback of a parking structure constructed completely below finished grade to the southerly side lot line

3.3 m

4.14.2.5.17

Minimum landscaped buffer abutting any side and rear lot line

2.3 m

4.14.2.5.18

Minimum setback from an amenity area to a building and to any type of road

0.0 m

4.14.2.5.19

Minimum contiguous private outdoor space per dwelling unit when located on a balcony

3.8 m²

4.14.2.5.20

All site development plans shall comply with Schedule RM9-5 of this Exception

Page 2 of 5

Map Number 15 of Schedule "B" to By-law Number 0225-2007, as amended, being a City of Mississauga Zoning By-law, is amended by changing thereon from "R3" to "RM9-5", the zoning of Part of Lot 17, Concession 1, South of Dundas Street, in the City of Mississauga, PROVIDED HOWEVER THAT the "RM9-5" zoning shall only apply to the lands which are shown on the attached Schedule "A", which is deemed to be an integral part of this By-law, outlined in the heaviest broken line with the "RM9-5" zoning indicated thereon.
This By-law shall not come into force until Mississauga Official Plan Amendment Number 156 is in full force and effect.

http://teamsites.mississauga.ca/sites/18/Bylaws/OZ 18 017 W7.by-law OLT.jf.jmcc.docx

Page 3 of 5

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THIS IS SCHEDULE "A" TO OLT ORDER DATED

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INCLUSIONARY ZONING OVERLAY

OLT LEAD CASE NO. OLT-22-0033

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This is nota Plan of Survey. Dimensions shown taken from Survey prepared by R. Avis Surveying Inc. (OLS), dated January 15,2017.

OLT CASE NO. OLT-22-003

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Note:

All measurements are in metres and are minimum setbacks or dimensions, unless otherwise noted.

This is not a Plan of Survey.

c:::J BUILDABLE AREA

- ZONE BOUNDARY

TH S S SCHEDULE "RM9-5" TO

OLT ORDER DATED

OLT LEAD CASE NO. OLT CASE NO.

OLT-22-003367 OLT-22-003369

Z-15 B.R. OZ 18-017 W7

Plazacorp. Properties Ltd. v. Mississauga (City), 2023 CanLII 43653

Case Summary

NOW THEREFORE

Attachment A

Attachment B

1,2,3,4

THIS IS SCHEDULE "A" TO OLT ORDER DATED

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