Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 09, 2024
CASE NO(S).: OLT-23-000761
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 65 Agnes Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
Reference Number: OZ/OPA 22-017 W7
Property Address: 65 - 71 Agnes Street
Municipality/UT: Mississauga/Peel
OLT Case No.: OLT-23-000761
OLT Lead Case No.: OLT-23-000761
OLT Case Name: 65 Agnes Inc. 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:
Reference Number: OZ/OPA 22-017 W7
Property Address: 65 - 71 Agnes Street
Municipality/UT: Mississauga/Peel
OLT Case No.: OLT-23-000762
OLT Lead Case No.: OLT-23-000761
Heard: May 31, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
65 Agnes Inc. (“Appellant”)
J. Cole
M. Foderick (in abstentia)
City of Mississauga (“City”)
J. Manser
DECISION DELIVERED BY A. SAUVE AND INTERIM ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1This Settlement Hearing results from a successful Tribunal led mediation between the Parties. The appeals regard the failure of the City to make decisions with respect to the Appellant’s applications for an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”) within the respective prescribed statutory timelines to permit the proposed development of a 29-storey apartment building on the lands municipally known as 65-71 Agnes Street, in the City of Mississauga (“Property”).
2The Property is a rectangular-shaped parcel and is approximately 0.36 hectares in area, situated at the northwest corner of Agnes Street and Cook Street, located within proximity to the Hurontario Street and Dundas Street East/West intersection. The Property currently comprises four residential lots, presently occupied by two detached dwellings (east half), and two vacant lots (west half). The Property is located within the Downtown Cooksville Character Area and is designated Residential High Density within the City’s Official Plan.
3The development proposal includes a total gross floor area (“GFA”) of 25,658 square metres, comprised entirely of residential space. The proposed density is approximately 7.11 floor space index (“FSI”). A total of 405 dwelling units are proposed, which includes a total of 137 (33.8%) larger units of two bedrooms or greater.
4A total of 1,621 square metres of amenity space is proposed, including 810 square metres of indoor amenity space and 811 square metres of outdoor amenity space. This results in a rate of 2 square metres of indoor space and 2 square metres of outdoor space per unit. Indoor amenity space is proposed on the ground floor and on Level 5, and outdoor amenity space is proposed on the roof of Level 4.
5A total of 284 vehicle parking spaces are proposed, comprised of 243 residential parking spaces and 41 visitor parking spaces. Parking spaces are proposed to be located within two levels of below ground parking and four levels of above ground parking. A total of 264 bicycle parking spaces are proposed, comprised of 243 long-term spaces (Class A) and 21 short-term spaces (Class B).
6The application proposes to amend the City’s Official Plan and the City’s Zoning By-law No. 0225-2007.
7An OPA is required to permit the proposed height of 29 storeys and the proposed density of 7.11 FSI. The proposed OPA would implement these amendments through the introduction of a new Special Site policy within the Downtown Cooksville Character Area, applying to the Property.
8The Property is zoned “D-1” (Development, Exception 1) under Zoning By-law 0225-2007. The “D-1” zone is an interim zoning category that recognizes vacant or underutilized lands not yet developed and permits legally existing uses on a lot until such time that the lands are to be rezoned. In this regard, there are no existing development permissions other than those which permit the existing detached dwellings on the Property, or any future enlargement to those dwellings.
9A ZBA is required in order to re-zone the Property into an appropriate zoning category and establish the required development standards, including permissions for permitted height, density, and setbacks, amongst others. In this regard, the proposed ZBA would rezone the Property from “D-1” (Development, Exception 1) to “RA5-XX” (Residential Apartment Five – Exception XX).
10The Parties are asking the Tribunal for an Interim Order to grant the appeals, in part, and to withhold a Final Order to allow for the following conditions to be met: