ISSUE DATE: July 3, 2025
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: to permit the development of one residential building with a height of 29 storeys
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: to permit the development of one residential building with a height of 29 storeys
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
BEFORE:
A. SAUVE MEMBER
Thursday, the 3rd day of July, 2025
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THIS MATTER, in respect of the lands in the City of Mississauga (the “City”) at 65-71 Agnes Street (the “Subject Property”), having been heard at a public hearing on May 31, 2024, and the Ontario Land Tribunal (the “Tribunal”) having issued its interim decision on October 9, 2024 (the “Decision”) that the appeal under subsections 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P.13 (the “Appeal”) in Tribunal Case No. OLT-23-000761 is allowed, and approving the proposed official plan amendment (“OPA”) zoning by-law amendment (“ZBA”) in principle;
AND THE TRIBUNAL having withheld its final order, pending the Tribunal being advised by the Parties that such conditions have been fulfilled, including the receipt of the final form of the OPA and ZBA in respect of the Subject Property;
AND THE TRIBUNAL now having received correspondence from the parties requesting the issuance of a final order for the OPA only, as the remaining outstanding conditions of the Decision are only relevant in the context of the ZBA;
AND THE TRIBUNAL now having received the final form of the OPA, satisfactory to the City, attached hereto as Schedule “A”;
THEREFORE THE TRIBUNAL ORDERS that:
a) the Appeal is allowed as it relates to the OPA only, and that the Official Plan for the City, as amended, is hereby amended in the manner set out in Schedule “A” to this Order; and
b) The Appeal as it relates to the ZBA remains approved in principle, pending the Tribunal being advised by the Parties that such conditions have been fulfilled, including the reciept of the final form of ZBA in respect of the Subject Property.
The Tribunal authorizes the municipal clerk to format the OPA in Schedule “A” as may be necessary for record keeping purposes.
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“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN REGISTRAR
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.
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Schedule “A”
Amendment No. 179 to
Mississauga Official Plan
Amendment No. 179 to
Mississauga Official Plan
The following text attached constitutes Amendment No. 179.
PURPOSE
The purpose of this Amendment is to add a Special Site to the Downtown Cooksville Character Area to permit a 29 storey apartment building.
LOCATION
The lands affected by this Amendment are located at the northwest corner of Agnes Street and Cook Street. The subject lands are located in the Downtown Cooksville Character Area, as identified in Mississauga Official Plan.
BASIS
Mississauga Official Plan came into effect on November 14, 2012, save and except for the outstanding site specific appeals to the Ontario Land Tribunal.
The subject lands are designated Residential High Density, which permits apartment buildings and ancillary non-residential uses. The general Downtown policies permit a maximum height of 25 storeys.
An Official Plan Amendment is required to add a Special Site to the Downtown Cooksville Character Area to permit a 29 storey apartment building.
DETAILS OF THE AMENDMENT AND POLICIES RELATIVE THERETO
Section 12.4, Downtown Cooksville Character Area, of Mississauga Official Plan, is hereby amended by removing the floor space index (FSI) range from the subject lands and adding Special Site 10 on Map 12-4, Downtown Cooksville Character Area, in accordance with the Special Site Policies.
Section 12.4.3, Special Site Policies, Downtown Cooksville Character Area, of Mississauga Official Plan, is hereby amended by adding the following:
12.4.3.10 Site 10
12.4.3.10.1 The lands identified as Special Site 10 are located at the northwest corner of Agnes Street and Cook Street.
12.4.3.10.2 Notwithstanding the policies of this Plan, an apartment building with a maximum height of 29 storeys will be permitted.
IMPLEMENTATION
Upon receipt of the Ontario Land Tribunal's Final Order for OLT Case No.
OLT-23-000761, Mississauga Official Plan will be amended in accordance with the Order.
The lands will be rezoned upon receipt of the Ontario Land Tribunal's Final Order for OLT Case No. OLT-23-000762.
This Amendment has been prepared based on the Office Consolidation of Mississauga Official Plan dated August 7, 2024.
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.
http://teamsites.mississauga.ca/sites/18/mopa/oz-opa 22-17 w7.mopa 179 olt.al.jmcc.docx