Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 19, 2023
CASE NO(S).: OLT-23-000075
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Ahmed Group (1000 Dundas St. E.) Inc. and Ahmed Group (1024 Dundas St. E.) Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the redevelopment of the property for a 4 storey, 16 storey and 20 storey mixed use building with at grade commercial use
Reference Number: OZ/OPA 22-18 W1
Property Address: 1000 and 1024 Dundas Street East
Municipality/Upper Tier: City of Mississauga/Region of Peel
OLT Case No.: OLT-23-000075
OLT Lead Case No.: OLT-23-000075
OLT Case Name: Ahmed Developments Inc. et al. v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the redevelopment of the property for a 4 storey, 16 storey and 20 storey mixed use building with at grade commercial use
Reference Number: OZ/OPA 22-18 W1
Property Address: 1000 and 1024 Dundas Street East
Municipality/Upper Tier: City of Mississauga /Region of Peel
OLT Case No.: OLT-23-000076
OLT Lead Case No.: OLT-22-000075
Heard: May 8, 2023, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Ahmed Developments Inc. et al. | Peter Gross Jessica Chen |
| City of Mississauga | Michael Minkowski |
| Mother Parkers Tea and Coffee Inc. | David Tang Jesse White |
| Dundas Landowners’ Association | Max Laskin |
| Region of Peel | Rachel Godley |
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON MAY 8, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) with respect to appeals brought pursuant to sections 22(7) and 34(11) of the Planning Act (“Act”) for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (ZBA”) for the property municipally addressed as 1000-1024 Dundas Street East (“Subject Properties”) located in the City of Mississauga (“City”), for the failure of council to adopt or to make a decision within the legislated timeframe.
2The purpose of the OPA and ZBA are to permit the redevelopment of a 4 storey, 16 storey, and 20 storey mixed use building with at grade commercial uses, 543 purpose – built rental apartments, and a gross floor area of 37,817 square metres (“m2”).
3The OPA proposes to amend the City of Mississauga’s Official Plan (“MOP”) by redesignating the Subject Properties from Employment Area, Dixie Employment Area, and Mixed use to Neighbourhood, Applewood Neighbourhood, and Residential High Density.
4The ZBA proposes to amend the City’s ZBL No. 0255-2007 by changing the zoning designations of the Subject Properties from General Commercial Exception Zone C3-65 and General Commercial Exception Zone C3-66 to a site-specific Residential Apartment Exception (RA5-XX) Zone.
5The Sworn Affidavit of Service related to Notice and dated April 4, 2023, was marked as Exhibit 1.
PARTICIPANT STATUS REQUEST
6In response to the Notice, the Tribunal received one written request for Participant status.
7Nicholas Dell advised he was representing Harper Dell & Associates Inc. who advised that