Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 06, 2024
CASE NO(S).:
OLT-22-004843
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Edenshaw Queen Developments Limited
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the construction of two mixed-use residential buildings of 40 and 42 storeys
Reference Number:
OZ/OPA 22-10 W1
Property Address:
88 Park Street E
Municipality/UT:
Mississauga/Peel
OLT Case No.:
OLT-22-004843
OLT Lead Case No.:
OLT-22-004843
OLT Case Name:
Edenshaw Queen Developments Limited 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:
Edenshaw Queen Developments Limited
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the construction of two mixed-use residential buildings of 40 and 42 storeys
Reference Number:
OZ/OPA 22-10 W1
Property Address:
88 Park Street E
Municipality/UT:
Mississauga/Peel
OLT Case No.:
OLT-22-004844
OLT Lead Case No.:
OLT-22-004843
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Edenshaw Queen Developments Limited
Subject:
Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description:
To permit the construction of two mixed-use residential buildings of 40 and 42 storeys
Reference Number:
TM 22/02 W1
Property Address:
88 Park Street E
Municipality/UT:
Mississauga/Peel
OLT Case No.:
OLT-22-004845
OLT Lead Case No.:
OLT-22-004843
Heard:
April 25, 2024 by video hearing (“Hearing”)
APPEARANCES:
Parties
Counsel
City of Mississauga (“City”)
Lia Magi
Edenshaw Queen Developments
Mark Flowers, in absentia,
Limited (“Edenshaw”)
Grace O’Brien
Metrolinx
Christie Gibson
MEMORANDUM OF ORAL DECISION DELIVERED BY william Middleton ON April 25, 2024 and INTERIM order of the Tribunal
Link to the Order
INTRODUCTION
1This Tribunal considered the proposed settlement of this proceeding at the Hearing pursuant to Rule 12.1 of the Ontario Land Tribunal (“OLT”) Rules of Practice and Procedure.
2The following materials were delivered to the Tribunal for this hearing
(a) Affidavit of David Sajecki, sworn April 24, 2024, comprising 220 pages (Exhibit 1); ex 1, ex 2 Order;
(b) A draft proposed Order (Exhibit 2);
(c) A draft proposed amendment to the City’s Official Plan (“OPA”);
(d) A draft proposed City Zoning By-law (“ZBLA”) to implement the OPA; and
(e) Minutes of Settlement, dated April 23, 2024, comprising 46 pages (Exhibit 3).
3The City and Edenshaw have reached a resolution of Edenshaw’s appeal seeking the OPA and the ZBLA (“Settlement”) in order to permit the construction of two mixed-use residential buildings of 40 and 42 storeys at the property municipally known as 88 Park Street East ("the Subject Property”) in the City (“Development”). These two Parties, and a related corporate affiliate of Edenshaw, executed minutes of settlement reflecting the Settlement on April 23, 2024, just two days prior to this Hearing.
4At one point during the history of this proceeding the Regional Municipality of Peel (“Region”) and Metrolinx were granted Party status but, on consent, the Region later converted its status to Participant only, while Metrolinx withdrew all of its issues from the Procedural Order, having consented to the Settlement. Unsurprisingly, the Region did not appear at this Hearing. Edenshaw withdrew its appeal of the application for the plan of subdivision on January 19, 2024.
ANALYSIS/APPROVAL OF THE SETTLEMENT
5Mr. Sajecki has a Bachelor of Applied Science (Civil Engineering) from Queens University, a Master of Urban and Regional Planning from Queens University, and a Diploma in Urbanization and the Environment from Fudan University in Shanghai, China. He is a Registered Professional Planner and a full member of the Canadian Institute of Planners and Ontario Professional Planners Institute, as well as a Leadership in Energy and Environmental Design (“LEED”) Accredited Professional and founding member of the Vancouver Island Green Building Councilan engineer and has over 15 years of experience on various projects throughout the Province of Ontario and British Columbia. He was qualified to provide opinion evidence to the Tribunal on matters relating to land use planning. Mr. Sajecki’s written and oral evidence was tendered with the consent of all the Parties.
6Mr. Sajecki was first retained by Edenshaw in respect of the Development on September 23, 2021. The Tribunal found Mr. Sajecki to be an articulate and persuasive witness and a summary of his written and oral opinion evidence established the following:
(a) The Development includes a mid-block pedestrian connection, which separates the two buildings at ground level. The Draft ZBLA permits a total Ground Floor Area (“GFA”) of 73,766 metres square (m2), which consists of 70,511 m2 of residential GFA with 1,122 dwelling units, and 3,255 m2 of non-residential GFA, resulting in a Floor Space Index (“FSI”) of approximately 10.1;
(b) There are 600 (53.5%) one-bedroom dwelling units proposed, 139 (12.4%) one bedroom plus den units, 356 (31.7%) two-bedroom units, and 27 (2.4%) two bedroom plus den units;
(c) A total of 3,385 m2 of amenity space is provided, equating to 3 m2 of amenity area per dwelling unit. Outdoor amenity space is located at the ground, 2, 9 and 16 floors, with a total area of 925 m2. Indoor amenity space is also located at the ground, 2, 9, and 16 levels and totals 2,460 m2. In addition to the outdoor amenity area, a 1,790 m2 Privately Owned Public Space (POPS) is proposed;
(d) Finalizing the OPA and the ZBLA requires, among other things, the final results of a wind tunnel test to improve the pedestrian wind safety and comfort conditions, satisfactory to the City. In addition, the final wording of the proposed Holding (“H”) condition related to servicing is pending, and subject to confirmation by the Region and the City;
(e) An interim Order only is recommended with the approval in principle of the OPA and ZBLA, subject to the following conditions:
(i) The City and Edenshaw Ann Developments Limited have entered into an Agreement of Purchase and Sale in relation to the purchase by the City of 63 offsite parking spaces located at land municipally known as 28 Ann Street, in the City.
(ii) Edenshaw shall demonstrate that it has addressed all wind safety issues through appropriate mitigation and improved the uncomfortable wind conditions on the Subject Property and adjacent public realm to a walking standard or better or as otherwise agreed to by the City, acting reasonably; and
(iii) The final version of the OPA is satisfactory to the City and Edenshaw, and the ZBLA is satisfactory to the City and Edenshaw in its entirety, the Region in relation to the servicing condition, and Metrolinx in relation to components agreed upon between Metrolinx and Edenshaw.
(f) the Development has appropriate regard for all relevant matters of provincial interest as outlined in section 2 of the Planning Act R.S.O. 1990, c. P.13;
(g) the Development is consistent with all applicable policies of the Provincial Policy Statement, 2020 (“PPS”);
(h) the Development represents efficient development and land use patterns. It contributes to the supply and range of housing options and makes efficient use of existing and future infrastructure, public service facilities, and transit investment;
(i) the Development conforms to the Growth Plan for the Greater Golden Horseshoe, 2020 (“Growth Plan”). The Subject Property is within the settlement area and delineated built-up area. Port Credit is identified as a strategic growth area and a Major Transit Station Areas (“MTSA”) located on a Priority Transit Corridor. This is a location where growth is intended to be focused;
(j) the Development conforms to the Region Official Plan, 1996 (which was in effect at the time of the applications made) but also the most recent version which was revised in 2022 (collectively, “ROP”). The Development represents an intensified and compact form that efficiently uses land, services, infrastructure, and public finances. The Subject Property has access to existing services and supporting infrastructure and is adjacent to two higher-order transit corridors with significant recent public investment and close to a local and regional bus terminal. The location facilitates active transportation and transit use, supporting a pedestrian-friendly and transit-supportive urban development;
(k) the Development generally conforms to the City’s Official Plan (“MOP”), subject to the requested OPA, which has been appropriately justified in accordance with the criteria outlined in policy 19.5.1 of the MOP;
(l) the Development implements the goals and vision for Port Credit, in particular the Central Residential Precinct, and therefore meets the intent of the Port Credit Local Area Plan, 2014 (“PCLAP”); and
(m) the Settlement also seeks to revise City Zoning By-law 0225-2007 by way of the ZBLA so as to rezone the Subject Property to permit the Development, subject to the conditions described in [6] (e) above.
7As noted, the opinion evidence of Mr. Sajecki summarized above in paragraph [6] was tendered on consent, without challenge.
CONCLUSIONS
8The Tribunal accepts the opinions of Mr. Sajecki and finds that the Settlement and the Development satisfy all matters of provincial interest under the Planning Act; are consistent with the provisions of the PPS; conform to the applicable provisions of the Growth Plan; conform to the relevant provisions of the ROP and the MOP; meet the general intent of the PCLAP; are fair and reasonable and in the public interest and respect principles of good planning.
INTERIM ORDER
9THE TRIBUNAL ORDERS THAT:
(a) The appeal by Edenshaw Queen Developments Limited is allowed in part, and the Amendment to the Zoning By-law and the Amendment to the Official Plan of the City of Mississauga appended as Attachments A and B hereto, respectively, are approved in principle, on an interim basis subject to the satisfaction and confirmation of the pre-requisite matters set out in paragraph [9] (b) below;
(b) The Tribunal’s Final Order shall be withheld pending the confirmation by the Solicitor for the City of satisfaction of the following pre-requisite matters:
a. The City and Edenshaw Ann Developments Limited have entered into an Agreement of Purchase and Sale in relation to the purchase by the City from Edenshaw Ann Developments Limited of off-site parking spaces located at land municipally known as 28 Ann Street, in the City of Mississauga;
b. The applicant demonstrates that it has addressed all wind safety issues through appropriate mitigation and improved the uncomfortable wind conditions on the Subject Property and adjacent public realm to a walking standard or better or as otherwise agreed to by the City, acting reasonably; and
c. The final version of the Official Plan Amendment is satisfactory to the City and the applicant, and the Zoning By-law Amendment is satisfactory to the City and the applicant in its entirety, the Region in relation to the servicing condition, and Metrolinx in relation to components agreed upon between Metrolinx and the applicant;
10In the event that the Parties do not seek the Final Order described in paragraph [9] above by December 31, 2024, they shall provide a status report on or before that date advising as to by what date they expect that the conditions described in paragraph [9] (b) will be satisfied and confirmed and when they will seek the Final Order from the Tribunal.
11The Tribunal may be spoken to in the event that the Parties require assistance in implementing the Interim Orders made above, or in connection with the obtaining of the Final Order.
“William Middleton”
WILLIAM MIDDLETON
VICE-CHAIR
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.
ATTACHMENTS A AND B