Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 19, 2023
CASE NO(S).: OLT-23-000393
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Almega Asset Management Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of three residential towers, with podium
Reference Number: OZ OPA 22-16 W7
Property Address: 60 Dundas Street East
Municipality/UT: Mississauga/Peel
OLT Case No: OLT-23-000393
OLT Lead Case No: OLT-23-000393
OLT Case Name: Almega Asset Management Inc. v. Mississauga (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Almega Asset Management Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of three residential towers, with podium
Reference Number: OZ OPA 22-16 W7
Property Address: 60 Dundas Street East
Municipality/UT: Mississauga/Peel
OLT Case No: OLT-23-000394
OLT Lead Case No: OLT-23-000393
PROCEEDING COMMENCED UNDER section 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Almega Asset Management Inc.
Subject: Site Plan
Description: To permit the development of three residential towers, with podium
Reference Number: SPA-92586
Property Address: 60 Dundas Street East
Municipality/UT: Mississauga/Peel
OLT Case No: OLT-23-000395
OLT Lead Case No: OLT-23-000393
Heard: September 12, 2023 via Video Hearing
APPEARANCES:
Parties
Counsel/Representative
City of Mississauga
M. Minkowski K. Pfaff
Almega Asset Management Inc.
M. Helfand
MEMORANDUM OF ORAL DECISION DELIVERED BY Steven Cooke ON September 12, 2023, AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal was the first Case Management Conference (“CMC”) for the appeals by Almega Asset Management Inc. (the “Appellants”) under s. 22(7), 34(11), and 41(12) of the Planning Act, for the City of Mississauga (the “City”) failure to make a decision on the applications for an Official Plan Amendment, Zoning By-law Amendment, and site plan for the property municipally known as 60 Dundas Street (the “Subject Site”).
2The Applicant proposes the development of three towers of varying heights, ranging from 16 to 29 storeys, along with a U-shaped podium and a mid-rise 14-storey building. The development will also feature about 2,000 square metres of non-residential gross floor area (GFA), which includes 1,138 square metres of retail space on the ground floor and 835 square metres of commercial and flexible space. The location of the development falls under the Downtown Cooksville Character Area.
3The Affidavit of Service, confirming that proper Notice of the CMC was given, was marked as Exhibit 1. The Parties had indicated that they were not aware of any issues related to the notice.
4No other individuals or entities sought Party or Participant Status in these proceedings.
5At the outset of the CMC the Parties indicated that they had a difference in opinion on whether or not to request merit hearing dates. Counsel for the City indicated that they had not been given instructions on how to proceed. The Tribunal was informed that a planning report for the Subject Site is scheduled to be on the agenda of the October 23, 2023 City Council meeting. As such counsel for the City requested that a second CMC be conducted prior to setting hearing dates.
6Counsel for the Applicant countered by pointing out to the Tribunal that the appeals having been filed on April 28, 2023 gave the City multiple chances to bring forward a planning report and receive instructions from Council. It was their opinion that a 10-day hearing should be scheduled for the summer of 2024.
7Both Parties indicated that they have a desire to work together and will be seeking opportunities to settle issues and potentially use mediation.
8The Tribunal gave direction that a second CMC will be held on Thursday, November 30, 2023 by video