ISSUE DATE:
July 26, 2022
CASE NO(S).:
OLT-22-002361
(Formerly PL210136)

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
City Park (Lakeshore) Inc.
Subject:
Request to amend the Official Plan – Failure of the City of Mississauga to adopt the requested amendment
Existing Designation:
Mixed Use
Proposed Designated:
Residential High Density and to change the maximum height permitted
Purpose:
To permit retail and residential development
Property Address/Description:
1381 Lakeshore Rd. E.
Municipality:
City of Mississauga
Approval Authority File No.:
OPA/OZ/20/018
OLT Case No.:
Legacy Case No.:
OLT-22-002361
PL210136
OLT Lead Case No.:
Legacy Lead Case No.:
OLT-22-002361
PL210136
OLT Case Name:
City Park (Lakeshore) Inc. 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:
City Park (Lakeshore) Inc.
Subject:
Application to amend Zoning By-law No. 0225-2007 – neglect of the City of Mississauga to make a decision
Existing Zoning:
C4 (Mainstreet Commercial)
Proposed Zoning:
RA5-Exception (Apartments – Exception)
Purpose:
To permit retail and residential development
Property Address/Description:
1381 Lakeshore Rd. E.
Municipality:
City of Mississauga
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
July 26, 2022
CASE NO(S).:
OLT-22-002361
(Formerly PL210136

Approval Authority File No.:
OPA/OZ/20/018
OLT Case No.:
Legacy Case No.:
OLT-22-002362
PL210137
OLT Lead Case No.:
Legacy Lead Case No.:
OLT-22-002361
PL210136

Heard:
June 30, 2022 by Video Hearing

APPEARANCES:
Parties
Counsel
City Park (Lakeshore) Inc.
Leo Longo
City of Mississauga
Michal Minkowski

MEMORANDUM OF ORAL DECISION DELIVERED BY M. ARPINO ON JUNE 30, 2022 AND ORDER OF THE TRIBUNAL
[1] The City Park (Lakeshore) Inc. is the owner of the property known municipally as 1381 Lakeshore Road East (“Property”). It seeks to construct an eight to 15 storey building with ground floor retail use on the Property (“Proposed Development”). The Property is located in the City of Mississauga (“City”).
[2] The Lakeview Local Area Plan policies of the City Official Plan (“City OP”) identify the Property within the Lakeshore Corridor, which restricts building heights to a maximum of four storeys. City Park (Lakeshore) Inc. (“Applicant”) submitted an application to amend the City OP (“OPA”).
[3] The Property is zoned Mainstreet Commercial pursuant to Zoning By-law No. 0225-2007 (“Zoning By-law”), the Proposed Development does not accord with the Zoning By-law.
[4] The Applicant submitted an application to amend the Zoning By-law (“ZBA”).

[5] The Applicant appealed the City’s failure to make a decision regarding the ZBA and OPA within the time frame stipulated in the Planning Act (“Appeals”).
[6] The City and the Applicant undertook mediation to resolve the Appeals. The Tribunal convened a settlement hearing at the request of the Parties.
[7] The Tribunal had before it a Document Book (Exhibit 1), a draft Zoning By-Law (Exhibit 2), and a draft OPA (Exhibit 3).
[8] The draft Zoning By-Law and draft OPA represent the Settlement Proposal, which was proffered on consent of the Parties for consideration and approval of the Tribunal (“Settlement Proposal”).
[9] The Applicant called one land use planning witness, in support of the Settlement Proposal. Jim Levac was qualified by the Tribunal to provide opinion evidence in the discipline of Land Use Planning.
[10] Mr. Levac described the general neighbourhood around the Property. He testified that the City recently approved construction of a 12-storey building near the Property. There is an existing 10-storey apartment building. He stated that, east of the Property, there is a parcel that is proposed to be developed with two blocks of four-storey stacked townhouses with ground floor retail. He opined that the Proposed Development is compatible with the neighbourhood.
[11] Mr. Levac testified that the Proposed Development is strategically located near major transit. He noted that the historical arsenal building is proposed to be redeveloped as a Community Centre and Park, which would provide amenities in the neighbourhood of the Proposed Development.

[12] Mr. Levac reviewed each of the proposed ZBA and the proposed OPA in detail.
[13] Overall, it was Mr. Levac’s evidence that the Settlement Proposal has regard for matters of Provincial Interest as identified in s. 2 of the Planning Act, is consistent with the Provincial Policy Statement, 2020 (“PPS”) and conforms with the Growth Plan for the Greater Golden Horseshoe, 2019 (“Growth Plan”), as amended. He opined that the Settlement Proposal conforms with the Region of Peel Official Plan (“Regional OP”) and the City OP.
[14] Mr. Levac recommended that the Settlement Proposal be approved.
ANALYSIS AND FINDINGS
[15] The Tribunal finds on the uncontradicted planning evidence and opinions of Mr. Levac that the Settlement Proposal warrants approval.
[16] The ZBA and the OPA are consistent with the policy direction of the PPS, conforms to the planning directives of the Growth Plan, the Regional OP and the City OP.
[17] The Settlement Proposal has appropriate regard for matters of provincial interest, is consistent with the principles of good land use planning and is in the greater public interest.
ORDER
[18] THE TRIBUNAL ORDERS that the Appeals are allowed and City of Mississauga’s Zoning By-law No. 0225-2007, as amended, is hereby amended as set out in Attachment 1 to this Decision. The Tribunal authorizes the municipal clerk of the City of Mississauga to assign a number to this by-law for record keeping purposes.

[19] THE TRIBUNAL ORDERS that the appeal is allowed, and the City of Mississauga Official Plan is amended as set out in Attachment 2.
“M. Arpino”
M. ARPINO
MEMBER

Ontario Land Tribunal
Website: 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.

In Person and Virtual Public Meeting

Meeting Date and Time:

Monday, November 27, 2023 at 6:00 p.m.

Meeting Place:

Mississauga Civic Centre, Council Chamber, 300 City Centre Drive

Applicant’s Proposal:

850-1083 Rangeview Road and 830-1076 Lakeshore Road East, south side of Lakeshore Road East, east of Cawthra Road

Application submitted by: Rangeview Landowners Group Inc.

File:  CD.21-RAN

The applicant is proposing a new community which forms part of the overall Lakeview Waterfront vision for redevelopment.  The proposal is for the existing employment area known as Rangeview Estates.  A draft Development Master Plan has been submitted which illustrates the plan for new blocks, public roads, parks, retail and up to 5,300 new residential units (townhomes, mid-rise and high-rise).

Meeting Details:

This meeting will be held in person and online. Advance registration is required to make a verbal submission at the meeting virtually. Advance registration is preferred to make a verbal submission at the meeting in person. The proceedings will be streamed live online for the public to view at the following link: http://www.mississauga.ca/portal/cityhall/council-and-committee-videos. If you wish to phone in to listen to the meeting only, please call 905-615-3200, ext. 5423 for instructions.

Options for participating in the meeting are outlined below.

Purpose of Meeting:

• For the applicant to present the proposal
• For people to ask questions and share their views about the proposal
• For Planning and Development Committee to receive a report that provides information on the project

The report will be available on-line one week prior to the meeting at: http://www.mississauga.ca/portal/cityhall/planninganddevelopment

For detailed information contact:

City Planner David Breveglieri at 905-615-3200 ext. 5551 or david.breveglieri@mississauga.ca

If you would like to share your views and/or you wish to be notified of further meetings or be added to the mailing list, please contact the Planning and Building Department by Friday at 4:00 p.m. prior to the meeting date:

• by mail to 300 City Centre Drive, 6^th floor, Mississauga ON L5B 3C1
• by email to info@mississauga.ca
• please include your name, your address, and application number or address of the property you are providing comments on

Written Comments:

In order to be received by Committee at the public meeting, written comments must be received no later than Friday at 4:00 p.m. prior to the meeting date. Submissions are accepted by email at deputations.presentations@mississauga.ca or by mailing the Planning and Development Committee, 300 City Centre Drive, 2^nd Floor, Mississauga, ON L5B 3C1. Please include your name, your address, and application number or address of the property you are providing comments on.  Written comments received before, during or after a public meeting but before a by-law is passed receive the same consideration as verbal comments made during a public meeting.

How to participate in a public meeting if you wish to make verbal submissions:

Participate Virtually

Advance registration is required to participate and/or make comment virtually at the public meeting. Please email deputations.presentations@mississauga.ca no later than Friday at 4:00 p.m. prior to the meeting date. Any materials you wish to show the Committee during your presentation must be provided as an attachment to the email. Links to cloud services will not be accepted. You will be provided with directions on how to participate from Clerks’ staff.

Residents without access to the internet can participate and/or make comment in the meeting via telephone. To register, please call Angie Melo at 905-615-3200 ext. 5423 no later than Friday at 4:00 p.m. prior to the meeting date. You must provide your name, phone number, and application number if you wish to speak to the Committee. You will be provided with directions on how to participate from Clerks’ staff.

Participate In Person

To make a verbal submission in person, advance registration is preferred. Please email deputations.presentations@mississauga.ca no later than Friday at 4:00 p.m. prior to the meeting date.

If you are a landlord, please post a copy of this notice where your tenants can see it. We want to make sure they have a chance to take part.

Background Studies:

Planning documents and background material available at: www.mississauga.ca/portal/residents/inspirationlakeview

Contact the city planner noted above for more information.

Personal Information:

Individuals should be aware that any personal information in their verbal or written communication will become part of the public record, unless the individual expressly requests the City to remove the personal information. Questions about the collection of this information may be directed to application.info@mississauga.ca or in writing to the Planning and Building Department at 300 City Centre Drive, Mississauga ON L5B 3C1.

Information about Appeals:

If a person or public body does not make oral submissions at a public meeting or make written submissions to the City before the by-law is passed, the person or public body is not entitled to appeal the decision of City Council to the Ontario Land Tribunal, or be added as a party to an appeal of the decision to the Tribunal.

The proposed Official Plan amendment is exempt from approval by the Region of Peel.  The decision of City Council is final if a notice of appeal is not received on or before the last day for filing a notice of appeal.

Date of Notice:  November 2, 2023