Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 24, 2025
CASE NO(S).: OLT-24-001135
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2125 NS Mississauga GP Limited, 2125 NS Mississauga LP, Dixon Toronto Airport Holdings Inc., 2125 North Sheridan Limited Partnership and 2125 North Sheridan Hospitality Inc.
Appellant: 2145 North Sheridan Hospitality Inc.
Appellant: 6257 Airport Toronto Hospitality Inc.
Subject: Proposed Official Plan Amendment No. 182
Description: To permit an update to the Mississauga Official Plan to align with the new definition of "area of employment" in the Planning Act and the Provincial Planning Statement
Reference Number: OPA 182 LA.07-PRO
Property Address: City-Wide
Municipality/UT: Mississauga/Peel
OLT Case No.: OLT-24-001135
OLT Lead Case No.: OLT-24-001135
OLT Case Name: 2125 NS Mississauga GP Limited et al. v. Mississauga (City)
Heard: March 19, 2025 by video hearing
APPEARANCES:
Parties
Counsel
City of Mississauga (“City”)
B. Luo L. Magi
2125 NS Mississauga GP Limited 2125 NS Mississauga LP 2125 North Sheridan Limited Partnership 2125 North Sheridan Hospitality Inc. Dixon Toronto Airport Holdings Inc.
2145 North Sheridan Hospitality Inc. 6257 Airport Toronto Hospitality Inc.
(“Appellants”)
D. Artenosi J. Reyes
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON MARCH 19, 2025 and ORDER OF THE TRIBUNAL
1This Decision implements a settlement reached by the Parties related to land use policies that affect three hotels.
2The City had adopted Official Plan Amendment 182 (“OPA 182”) to update the Region of Peel Official Plan (“ROP”) (for which the City is now responsible within its boundaries) and to update the City Official Plan (“COP”) to align the definition of Employment Areas with the definition of “area of employment” contained in the Planning Act (“Act”) and the Provincial Planning Statement, 2024 (“PPS”) as of October 20, 2024. An “area of employment” is more narrowly defined and does not permit a hotel (among other uses).
3The Appellants (i.e., groupings thereof) own operating hotels on each of three properties: 2125 North Sheridan Way (“2125”); 2145 North Sheridan Way (“2145”); and 6257 Airport Road (“6257”). 2125 and 2145 are in the southern area of the City along the Queen Elizabeth Way, and 6257 is across Airport Road from Pearson International Airport.
4The Tribunal qualified Christian Binette, Planner with the City, to provide opinion evidence in land use planning. On the affirmed and uncontested Affidavit by Mr. Binette, the Tribunal finds as follows.
5The proposed modification to OPA 182 to remove 2125 and 2145 from the Employment Area is warranted, given: their location at the periphery of the Sheridan Park Corporate Centre; the acceptable co-existence of these two hotels with adjacent residential and employment uses; and the opportunity for these sites, adjacent to an Employment Area, to be used for other uses supportive of an Employment Area.
6The Tribunal finds that OPA 182, with the requested modification, has regard for s. 2 of the Act; is consistent with the PPS; aligns with the purpose and intent of the ROP and COP; and constitutes good planning in the public interest.
7The Parties’ settlement retains 6257 within the Employment Area surrounding the Pearson International Airport. Following the Tribunal’s oral Order at the Hearing, 6257 Airport Toronto Hospitality Inc. withdrew its appeal by letter to the Tribunal dated March 19, 2025.
8The Parties are congratulated on achieving a settlement that constitutes good planning.
ORDER
9The Tribunal Orders that the appeals are allowed, in part, and Official Plan Amendment 182 is modified as contained in Attachment 1, and approved as modified.
“S. Tousaw”
S. TOUSAW 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.
ATTACHMENT 1
Note: The proposed modifications are bordered and marked in red.
MISSISSAUGA OFFICIAL PLAN AMENDMENT NO. 182 MODIFICATIONS
- Section 5.8, Employment Areas, of Region of Peel Official Plan, is hereby amended by adding policies 5.8.17, 5.8.18 and 5.8.19 and renumbering existing policies accordingly as follows:
5.8.17 Employment Areas include Corporate Centres and Employment Areas in Mississauga Official Plan to the extent that lands in these areas are shown on Schedule E-4.
5.8.18 Lands described in Policy 5.8.17 are Employment Areas even if they include one or more parcels of land that are subject to Mississauga Official Plan policies authorizing the continuation of a use that is excluded from the definition of Employment Area, provided that the use was lawfully established on the parcel of land before October 20, 2024.
5.8.19 Notwithstanding policies 5.8.17, 5.8.18 and Schedule E-4, the lands located at 2125 and 2145 North Sheridan Way in the City of Mississauga are not part of an Employment Area.
- Glossary, of Region of Peel Official Plan, is hereby amended by deleting and replacing the term "Employment Area" as follows:
Employment Area: an area of land designated in this Plan for clusters of business and economic uses, those being uses that meet the following criteria:
- The uses consist of business and economic uses, other than uses referred to in paragraph 2, including any of the following:
a. manufacturing;
b. research and development in connection with manufacturing anything;
c. warehousing and goods movement;
d. retail and office associated with uses set out in a. to c. above;
e. facilities that are ancillary to uses set out in a. to d. above; and
f. any other prescribed business and economic uses under the Planning Act.
- The uses are not any of the following uses:
a. institutional uses; and
b. commercial uses, including retail and office uses not referred to in subparagraph 1d.
- Section 15.1.1, General, Corporate Centres, of Mississauga Official Plan, is hereby amended by adding policy 15.1.1.5 as follows:
15.1.1.5 Within an area of employment, a land use that is excluded from the list of permitted uses for an area of employment is authorized to continue, provided the use has been lawfully established on the parcel of land before October 20, 2024.
- Section 17.1.1, General, Employment Areas, of Mississauga Official Plan, is hereby amended by adding policy 17.1.1.2 as follows:
17.1.1.2 Within an area of employment, a land use that is excluded from the list of permitted uses for an area of employment is authorized to continue, provided the use has been lawfully established on the parcel of land before October 20, 2024.
- Chapter 20, Glossary, of Mississauga Official Plan, is hereby amended by adding a term for "Area of Employment" as follows:
AREA OF EMPLOYMENT
means an area of land designated in the Region of Peel Official Plan as Employment Area for clusters of business and economic uses, those being uses that meet the following criteria:
- The uses consist of business and economic uses, other than uses referred to in paragraph 2, including any of the following:
a. manufacturing;
b. research and development in connection with manufacturing anything;
c. warehousing and goods movement;
d. retail and office associated with uses set out in a. to c. above;
e. facilities that are ancillary to uses set out in a. to d. above; and
f. any other prescribed business and economic uses under the Planning Act.
- The uses are not any of the following uses:
a. institutional uses; and
b. commercial uses, including retail and office uses not referred to in subparagraph 1d.
IMPLEMENTATION
Upon receipt of the Ontario Land Tribunal's Final Order, Mississauga Official Plan and Region of Peel Official Plan, as applicable to the City, will be amended in accordance with this Amendment, subject to Tribunal modifications.
This Amendment has been prepared based on the Office Consolidation of Mississauga Official Plan dated August 7, 2024 and the Region of Peel Official Plan approved by the Official Plan Adjustments Act, 2023.
INTERPRETATION
The provisions of Mississauga Official Plan, as amended from time to time regarding the interpretation of that Plan, will apply in regard to this Amendment.
This Amendment supplements the intent and policies of Mississauga Official Plan.