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Friends of the Cawthra Bush & Greater Mississauga Area
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Interesting how key details are left out of the OMB Internet posting, like the Settlement agreement. ISSUE DATE: Feb. 06, 2004 DECISION/ORDER NO: 0235 PL030291
Commission des affaires municipales de l’Ontario Susan Karrandjas and Therese Taylor
have appealed to the Ontario Municipal Board under section 17(24) of the
Planning
Act, R.S.O. 1990, c. P.13, as amended, from a decision of the City
of Mississauga to approve Proposed Amendment No. 132 to the Official Plan
for the City of Mississauga, to delete the “Natural Area” classification
on Schedule 3, Environmental Areas, as it applies to a portion of the lands
composed of Part of Lot 6, Concession 3, WHS and Blocks 27 and 31, R.P.
43M-1167
Susan Karrandjas and Therese Taylor
have appealed to the Ontario Municipal Board under section 34(19) of the
Planning
Act, R.S.O. 1990, c. P.13, as amended, against Zoning By-law 0074-2003
of the City of Mississauga
Fitzwood Investments Ltd and 1435871
Ontario Inc have referred to the Ontario Municipal Board under section
41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended, the
determination and settlement of details of a site plan for lands composed
of Part of Lot 6, Concession 3, WHS, Blocks 27 and 31, R.P. 43M-1167, in
the City of Mississauga
APPEARANCES: Parties Counsel City of Mississauga M. E. Minkowski
Fitzwood Investments Ltd. and
L. Longo
Susan Karrandjas and Therese Taylor MEMORANDUM OF ORAL DECISION DELIVERED
BY J. R. AKER AND
Fitzwood Investments Ltd. and 1435871 Ontario Inc. (applicants) are the owners of a parcel of land located on the north side of Britannia Road West and east of Bidwell Trail in the City of Mississauga. The applicants originally proposed to develop 81 row dwellings two storeys in height. - 2 - PL030291 On February 12, 2003, the Council of the City of Mississauga approved Official Plan Amendment No. 132 and Zoning By-law 0074-2003, permitting a maximum number of dwelling units of 79. Ms Susan Karrandjas and Ms Therese Taylor (appellants) appealed these decisions as the subject property contains mature trees, including a rare stand of Shagbark Hickory forest. In their opinion these trees are part of the respiratory system of the neighbourhood and should be protected. At the opening of the hearing, the Board was informed that the parties had reached a settlement. Mr. James Levac, a qualified planner, provided professional planning evidence on behalf of the applicants. The evidence of Mr. Levac is that an Official Plan Amendment is not required to proceed with the Zoning By-law Amendment. Official Plan Amendment No. 132 (OPA 132) was an amendment to City Plan. Since that time, the Region of Peel approved Mississauga Plan. In the opinion of Mr. Levac the proposed Zoning By-law implements the Mississauga Plan and makes the appeal of OPA No. 132 as moot. In the opinion of Mr. Levac the proposal has regard to the Provincial Policy Statement and is in conformity with Mississauga Plan. Mr. Levac compared the tree preservation area originally proposed (Exhibit 1, Tab 15) to the much larger tree preservation area (Exhibit 1, Tab 21) agreed to by the parties. In his opinion the larger tree preservation area will preserve more trees and will provide a continuous visual buffer between the proposed townhouse development and the delivery area of the existing commercial plaza to the east. In his opinion it is appropriate for townhouse units to back onto townhouse units. The evidence of Mr. Levac is that the number of row dwelling units is reduced to 78. In his opinion the proposal represents good and appropriate land use planning. Mr. Philip van Wassenaer, a certified arborist, provided expert opinion on how to protect the existing forest. He compared the size of the original tree preservation area of .15 acres to the proposed larger tree preservation area of .47 acres. He observed - 3 - PL030291 that the proposed area is larger, contains more trees overall but slightly fewer Shagbark Hickory trees. The new proposal provides for one contiguous strip of forest rather than two smaller tree preservation areas. In his opinion, this configuration is ecologically preferable as it provides one continuous forest block with considerably less edge than the previous configuration. He stated that if you maintain larger groups of trees there may be some loss at the edge but the trees in a larger area are better protected and have a better potential of survival. Smaller land areas with fewer trees are usually not successfully preserved. In his opinion the new tree preservation area has less exposed edge and it will more effectively protect the existing forest. Ms Taylor and Ms Karrandjas both spoke in favour of the settlement. Ms Taylor stated that her interest in the woodlot is the preservation of air quality. She stated hat the current proposal has a net gain of .32 of an acre and 36 mature trees of at least 60 years of age. Ms. Karrandjas stated that her goal is to preserve as much of the environment as possible. In her opinion the proposal maintains the forest in its natural state and maintains much of the ecological system in tact. Her evidence is that the benefits of the new proposal are better air quality and the enhancement of the physical and emotional well being of all the residents in the neighbourhood for generations to come. She stated that the original proposal was smaller and in her opinion the ability of the forest to survive would be reduced. She supports the larger configuration as it will allow the forest to sustain itself in perpetuity. Ms Karen Crouse, a development planner employed by the City of Mississauga, reviewed her Supplementary Report (Exhibit 5, Tab 2) supporting the proposed townhouse development. In her opinion the proposal is an appropriate land use and she recommends approval of the proposed development. Ms Barbara Atsalinos is the owner of a townhouse located at 1262 Killaby Drive. Her concern is that the proposed settlement plan would result in the removal of trees planned for preservation as contained in the February 2003 decision. These trees are - 4 - PL030291 located directly behind an existing block of five townhouse units on the southeast side of Killaby Drive. In her opinion the original proposal would add significant value to both the quality of our air and aesthetic beauty. Ms Leyla Kizilirmak, the owner of 1307 Killaby Drive, stated that the proposed development should be more environment friendly and that all the existing trees should be preserved. Counsel for the applicants and counsel for the City of Mississauga requested an adjournment of the site plan referral. Based on the evidence presented in this hearing, the Board finds:
1. The proposal has regard to the Provincial Policy
Statement
2. The proposal achieves a balance between the
3. The proposed tree preservation area provides
an
4. The proposal represents good planning. On the consent of the parties, the Board dismisses the appeal of OPA No. 132 as moot. The Board Orders that the appeal is allowed in part and By-law 0074-2003 of the City of Mississauga is amended in the manner attached hereto as Attachment 1. In all other respects, the Board Orders the appeal is dismissed. On consent of the parties to the site plan referral, the Board adjourns this referral to Friday, April 2, 2004 to be heard at Municipal Hearing Room, Mississauga City Hall, - 5 - PL030291 300 City Centre Drive, Mississauga. The Board has set aside one day on its calendar and this panel is seized. No further notice is required. The Board so Orders.
J. R. AKER
J. FLINT
Attachment filed with original decision [ not yet all found] Reach-out and make a difference PLEEASSE SIGN OUR PETITION It will make a difference! Home Page - Main Table of Contents - Back up a page - Back to Top [ Comments by Don B. - ] |
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