Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 29, 2024
CASE NO(S).:
OLT-24-000111
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant
Dunpar Developments Inc.
Applicant
City of Mississauga
Subject:
Zoning By-law
Description:
To amend Mississauga Zoning By-law 0225-2007
Reference Number:
BL.09-CIT (No 17)
Property Address:
City Wide
Municipality/UT:
Mississauga/Peel
OLT Case No:
OLT-24-000111
OLT Lead Case No:
OLT-24-000111
OLT Case Name:
Dunpar Developments Inc. v. Mississauga (City)
Heard:
April 19, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Dunpar Developments Inc. (Appellant)
Giouzelin Mutlu
City of Mississauga
Alex Ciccone
MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS ON April 19, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by Dunpar Developments Inc. (“Applicant”). The appeal arises following the passing by the City of Mississauga (“City”) of a By-law to amend Zoning By-law No. 0225-2007 (“ZBA”) by adding/revising definitions; deleting outdated terminology; identifying Meadow Wood Lane as having frontage on a street; adding a vacant-unit parking rate; creating regulations to permit rooftop amenity areas for apartment, long-term care, and retirement buildings; providing clarification to the RM4 Permitted Uses and Zone Regulations Table; and, removing instances of the courier/messenger use in the City.
Service of Notice of CMC
2There is no issue with the service of the Notice of this CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status, MEDIATION AND SETTLEMENT
3No one attended the CMC seeking either Party or Participant status.
4The Tribunal explored the possibility of Mediation and Settlement with the Parties. The Parties both confirmed that they will keep the Tribunal apprised of any developments with potential resolution efforts, which the Tribunal finds satisfactory.
PROCEDURAL ORDER AND ISSUES LIST
5As only three sections of the ZBA are under appeal, Counsel for the City requested a second CMC that may be converted to a Motion Hearing to seek permissions for the portions of the ZBA not under appeal to be in force and effect. The Applicant consented to this request, and it was granted by the Tribunal.
6The Tribunal received and reviewed a draft Procedural Order from the Parties. The Tribunal finds it acceptable, and the proceedings shall be governed by it (see Attachment 1).
SECOND CMC and HEARING
7Upon request of the Parties, the Tribunal set a second CMC Hearing commencing on Tuesday, July 23, 2024, at 10 a.m. by Video Hearing. No further Notice is required.
Tuesday, July 23, 2024, at 10 a.m. (One-day CMC)
GoToMeeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
8Upon request of the Parties, the Tribunal set a four-day Hearing commencing on Tuesday, November 26, 2024, at 10 a.m. until Friday, November 29, 2024, by Video Hearing. No further Notice is required for the Hearing.
Tuesday, November 26, 2024 to Friday, November 29, 2024, at 10 a.m. (Four (4) Day Hearing)
GoToMeeting: https://global.gotomeeting.com/join/687587165
Access Code: 687-587-165
9Parties are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections.
10Parties 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
11Persons 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) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
12Individuals 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 Hearing by video 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
13The Tribunal Orders that:
The date and particulars of the Hearings are set out above; and
The Procedural Order appended as Attachment 1 shall govern the proceedings;
14The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“J. Innis”
j. inniS
MEMBER
Ontario Land Tribunal
Website: www.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.
ATTACHMENT 1