- GENERAL -
PROVINCE OF ONTARIO MATERIAL
* Material taken from submission
made to the Region of Peel Planning
dept., in regards to the City of Mississauga Official plan for the Cawthra
* Items in round brackets () with
numbers, refer to enclosed items with my submission to Peel, not this web-page.
* Items in square  brackets are
OTHER RELATED MATTERS;
THE RESTRICTIVE COVENANTS;
also check here.
A CHRONOLOGY -
this chronology is far from complete.
ZONING AND OTHER RELATED
For years Cawthra has been
zoned R3 (residential) and Environmental Policy Area A and B. Still
the City went in and started to log and tree farm Cawthra (3 & 13.1).
Residents want much stronger measures to ensure we will not have to fight
this battle every other year. The FCB is asking Peel to recommend
to the City, zoning of the highest order, so Cawthra will be an special
environmental site, with its special features well protected; protected
as Peel defines the word (the City doesn't even have that word in its glossary);
protected as the CRRA has stated in goals for the site; protected to reflect
the shifting human priorities from recreation to education for preservation.
It would also be wise to work
into the Official Plan Policies for Cawthra a way to easily add land to
the Cawthra Bush. The lots are deep down Northmount and landowners
could sell or will land to the forest if it was allowed. City O.P.- 188.8.131.52
- s. Where the Open Space network consisting of City, community and neighbourhood
parkland and greenbelt areas contains or abuts the Natural Areas System
the policies for the Natural Areas System will apply. The potential
to expand or connect natural forms, functions, and linkages will be encouraged.
Other matters to consider,
as the lots are deep in some cases, the back parts of the lots are sold
off and more house go up, increasing the density in the area. Some
people say there is an unopened road allowance going down the east side
of Cawthra. There was a similar case in Ward 1 not too long ago involving
an old Toronto Township unopened road allowance, that got residents really
upset. Best we close the door on this kind of thing right now.
The restrictive covenants
(27 & 28), in the Agreement of Purchase and Sale between the City of
Mississauga and Ontario Realty Corporation, involves the Credit Valley
Conservation in a very meaningful way. In the past, two letters written
by their biologist have largely gone ignored (see
academic letters). The Management Board Secretariat in its memo,
dated Nov. 4/98 to Stan Krauze from W. M. C. Wilson, RE: Sale of environmentally
significant area to city of Mississauga, makes it clear the Province expects
the City tobehave as the conservation body at Cawthra (23).
A chronology (from Management
Board Secretariat documents), of some of the events that took place over
almost 15 years highlight events that put Cawthra at risk from development.
I have spoken to representatives of the Management Board Secretariat and
it was made clear the only reason that the land transfer took so long was
the City of Mississauga's refusal to rezone to a park from residential
and MBS wanted the higher price for land that was zoned for development.
Some who have read this say the City was
blocking everyone's else's use of
Cawthra but not theirs while keeping the residential zoning intact, for
July 20, 1979
The M.T.C. advised the City that
the subject property is surplus to the requirements of the Ministry, and
enquired whether the City wishes to purchase the lands.
May 7, 1980
The M.T.C. indicated that it is
prepared to sell the subject property to the City for the sum of $1,160,000.
This was an appraised market value, based on development potential under
the existing R3 zoning.
July 15, 1980
The Planning Department prepared
an environmental assessment of the property which concluded that:
- the entire site is affected
by a high, 'perched' watertable, and central and eastern portions contain
depressed, poorly-drained areas (Figure 1);
- although the forest is healthy
under existing conditions, it is very sensitive to site disturbances which
may alter subsurface drainage conditions and/or increase susceptibility
- the elevated, better-drained
portions on the western and southern perimeter contain better quality,
less sensitive forest cover, and should be protected to preserve the visual
continuity and ecological integrity of the balance of the forest.
December 23, 1980
Letter received from the M.T.C.
advising the City that the Ministry will proceed with public auction of
the property if a City response to previous requests is not received by
February 3, 1981.
February 4, 1981
The City Manager, the Commissioner
of Planning, and the Commissioner of Recreation and Parks discussed the
M.T.C. request and concluded that the M.T.C. should be advised that:
- the City is not interested
in purchasing the property;
- the M.T.C. can proceed to
dispose of the lands;
- the City will deal with any
subsequent owner/proponent with respect to
preservation of the western
and southern portions of the woodlot.
February 18, 1981
General Committee considered a staff
report which recommended that the M.T.C. be advised that the City has no
interest in acquiring the subject property.
February 23. 1981
City Council approved the following
"(a) That the Ministry of Transportation
and Communications be requested to withhold the sale of surplus M.T.C.
lands.....and that the City of Mississauga review the use and ultimate
disposition of these lands with the Ministry.
(b) That a by-law be enacted
placing the (subject property) in a holding zone."
February 23, 1981
By-law 115-81 was enacted, placing
the subject property in a "holding" zone category (H-R3).
March 26. 1981
The M.T.C. filed with the O.M.B.
a formal objection to approval of By-law 115-81.
[ The Province of Ontario clearly
believes that the City of Mississauga mislead them. The difference
between what was said and what is done. ]
April 9, 1981
Deputy Minister of Transportation
and Communications forwarded a letter to the City Manager expressing concern
over the City proposal to place the M.T.C. property in a holding zone and
requesting a meeting with City officials.
June 9. 1981
City staff met with the Deputy Minister
and the Executive Director of the M.T.C., who indicated that the lands
could only be sold to the City at market value. It was agreed that
the City would examine alternative schemes for development of the property
which would permit preservation of the western and southern perimeter.
The M.T.C. agreed to request deferral of any hearing before the O.M.B.
with respect to their objection to By-law
July 28. 1981
The Planning Department prepared
a further environmental assessment of the site and concluded that, due
to the sensitivity of the forest to disturbances, the M.T.C. proposal to
develop the entire site and to attempt preservation of trees on individual
lots is Simply not practicable. The report emphasized that:
better-drained areas along the western
and southern perimeters contain higher quality forest cover and should
be preserved to maintain the visual continuity of the forest and to protect
the City-owned portion of the forest;
depressed, poorly-drained areas in
the eastern half of the property have little recreational or ecological
value and could be developed. Accordingly, the report recommended
that the Dixie-Shorefront Secondary Plan
be amended to retain the Environmental Protection Area classification of
the western portion of the site
and to reclassify the eastern portion Environmental Policy Area 'B'(Figure
November 27. 1981
The M.T.C. responded to the above
and stated that retaining the Environmental Protection Area
classification on approximately half of the property will preclude development
of such lands, would reduce the
market value of the property by approximately $1,000.000, and
is therefore not acceptable to the Ministry.
January 18, 1982
The City Manager responded to the
above and indicated to the M.T.C. that the Planning Department
report proposes reclassification of approximately half of the property
to permit development, whereas
the entire site is currently proposed to be classified Environmental
Protection Area which precludes any development. The letter concludeswith
an invitation to the M.T.C. to submit a concept plan showing their preferreddevelopment
of the site.
June 2, 1982
The M.T.C. presented to the City
two conceptual schemes for development. Both schemes would
limit effective tree reservation to a 30 m (100 ft.) wide border at the
south boundary of the property.
July 13, 1982
City staff met with M.T.C. officials
and encouraged the Ministry to consider a form of development
based on a transfer of density from that half of the property which the
City wishes to remain undeveloped,
to the balance of the site which is more suitable for development
(Figure 2). It was agreed that the M.T.C. would consider this strategy
in their formulation of a proper
development application which could subsequently form the
basis for the preparation of a zoning by-law.
December 8, 1982
The M.T.C. advised that the suggestion
by the City to consider a simple, transfer of density and
to restrict development to the easterly half of the site is not acceptable
to the Ministry.
January 25, 1983
City staff met with M.T.C. officials
and discussed options for development of the subject property.
It was agreed that the City would consider certain Ministerial modifications
of relevant Official Plan deferrals,
whereby the developable portion of the site would be designated
"medium density" or "high density".
February 21, 1983
Counsel for the M.T.C. submitted
a letter to the City indicating that the Ministry is prepared
to withdraw its objection to the Dixie-Shorefront Secondary Plan if the
City agrees to either of two
proposed Ministerial modifications:
- designate the easterly half
of the site "Multiple Family High I";
- designate 1.25 ha (3.1 ac.)
"Multiple Family High II" and retain the remaining 3.2 ha
(8.0 ac.) as "District
March 26, 1984
City Council adopted the following
"That the City, of Mississauga request
the Ministry of Transportation and
Communications to defer any action
on the property located at the south-east quadrant of Cawthra
Road and the Queen Elizabeth Way pending a complete review by the City
of Mississauga of the recreational
uses and/or development potential of their lands in conjunction
with the City owned lands known as the Cawthra-Elliot Estate locatedimmediately
south of the M.T.C. lands."
August 8, 1984
The Recreation and Parks Department
recommended to L.A.C.A.C. the designation of the Cawthra
Elliot house, Council referred the recommendation back to staff for a report
on the planned use of the house
February 20, 1985
The M.T.C. requested to be informed
of the status of the staff report requested by Council on
March 26, 1984. The M.T.C. also inquired whether the "holding" By-law
115-81 could be rescinded, since
the Ministry wishes to dispose of the property in the spring of 1985.
December 1, 1986
Ministry of Transportation and Communications
wrote to the Region of Peel advising of potential
disposition of 11.072 acres of vacant land in the southeast quadrant of
the Q.E.W. and Cawthra Road in
the City of Mississauga, shown as Part 6 on Plan 43R-1 1614 (P-1857-381),
M.T.C.'s Land Management File T-1213. M.T.C. requested indication
of interest by January 12, 1987.
December 9, 1986
The Region of Peel expressed interest
in the M.T.C. site. The Region of Peel advised M.T.C.
of their interest and requested that M.T.C. hold off on any decision until
Council's meeting of January
January 15, 1987
Region of Peel received consent
of Council to indicate formal interest in acquiring the site, pursuant
to adoption by the Board of Directors of the Peel Non-Profit HousingCorporation
(PNPHC) of a recommendation to the same effect.
March 27, 1987
M.T.C. wrote to the Region of Peel
to advise that site is expected to be sold in the summer of
1987, that an appraisal was under way, and that approval was anticipated
in two months.
June 30, 1987
The City of Mississauga wrote to
the Ministry of Housing to urge transfer of M.T.C. site to
PNPHC. MOH wrote to PNPHC's Director of- Policy and Development toacknowledge
PNPHC's interest in site and to advise as to the status of "HULC", indicating'Ministry
of Housing support for Housing First policy.
In July, 1987
M.T.C. advised PNPHC that disposal
of site is planned for within two months and that MOH
had indicated interest on PNPHC's behalf, accordingly, PNPHC should continue
to work through MOH, MOH advised
that M.T.C.'s appraisal was approximately $2,000,000, approximately.
PNPHC had indicated that about one-half
of the site would be developed with 50 townhouse
units and 82 senior citizen units. The balance of the site would
remain as natural forest and
be utilized as a park by the City of Mississauga.
Since 1990, several new issues have
surfaced. The local resident's opposition to any new development
has very much become apparent. A recent example to prove this point
is a proposed major development
on the east side of Cawthra Road between Atwater Street and
the CNR; south of the subject site, which met considerable local opposition
and was not approved.
The City of Mississauga continually
undertakes a program of preparing and revising secondary
plans for all residential districts. The existing Secondary Plan
designates the subject lands
as Public open Space which is deferred under Section 14(3) of the PlanningAct.
the designation limits the use of the site for public recreational facilities
in relation to local needs.
In addition to the above, two regulatory
controls impact the subject. They are the Credit Valley
Conservation Authority regulations and the Ministry of Government Services
"Class Environmental Assessment
Process for MGS Realty Group Activities".
The CVCA in carrying out its objectives
of conservation, restoration, development, and management of natural resources
in the Credit River Watershed, in 1985, established the Authority's policy
for Environmentally Significant Areas in the Watershed (Resolution No.
409EC84). The subject site is part of an Environmentally Significant
Area. The CVCA has comprehensive policies which apply to such areas,
including the requirement of an Environmental Impact Study by an owner
prior to development of an Environmentally Significant Area. The
CVCA policies in this regard are more particularly discussed under the
heading "Land Use Controls".
[ In regards to the
Province's attempts at protecting the Cawthra lands, after their sale to
the City of Mississauga: In the
documents obtained by the Freedom of Information Act, there is an
ACKNOWLEDGEMENT, signed by Robert K. Johnston - Director of Realty Services,
City of Mississauga, March 29/1994,
stating that it acknowledges that the Cawthra lands are a
CVC ESA. What is noteworthy
is what is left out. The Cawthra Bush is listed by the Ministryof
Natural as a regional ANSI since Sept. 1984. But the City doesn't
tell the province this factand doesn't tell the crew marking the trees
for logging this fact either. If the fact that Cawthrais an ANSI
was known by Management Board Secretariat that the province of Ontario
had a stake in the Cawthra lands,
then it no doubt would have added that to the restrictive
covenants. The CVC is a local
to the City of Mississauga organization, receives funding directly
from the City and four City Councillors sit on the CVC Board of directors.
To date the CVC has not commented
on the City's Lakeview District Policies, which they should. ]
March 31, 1994
City of Mississauga purchase and
takes title of the M.T.C. lands for $1,100,000.00 with a cheque
date March 28/98, #98817. The sale was made to coinciding with the
end of the City's fiscal year.
It will make a difference!
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