52 - mississauga

Notice of Passing a Zoning By-law & an Official Plan Amendment (OPA) Affecting all lands in the City of Mississauga

Date of Decision: June 22, 2016 Date of Notice: June 30, 2016 Last Date of Appeal: July 19, 2016

On the. date noted above, the Council of the Corporation of the City of Mississauga passed Official Plan Amendment 52 (By-law 0143-2016) and Zoning By-law 0144-2016, to amend Zoning By-law 0225-2007, under Sections 17 or 21, and 34 of the Planning Act, R.S.O., 1990, c.P.13 as amended.

The Purpose and Effect: The purpose of this Amendment is to redesignate two City owned properties to reflect current uses and to update a Special Site policy in the Uptown Major Node Character Area. The purpose of the Zoning By-law is to clarify wording including definitions, General Provisions, Parking and Loading Regulations and Residential, Commercial and City Centre Provisions and Regulations.

Location of Lands: No key map is provided as the by-law affects all lands within the City of Mississauga.

When and How to File an Appeal: Any appeal of the zoning by-law amendment to the Ontario Municipal Board must be filed with the Clerk of the City of Mississauga no later than 20 days from the date of this notice as shown above as the last date of appeal. An appeal form is available from the OMS website at www.omb.gov.ca

The Notice of Appeal must:

1) set out reasons for the appeal; and,

2) be accompanied by the fee required by the Ontario Municipal Board in the amount of $300.00 payable by certified cheque or money order to the Minister of Finance, Province of Ontario, and

3) be accompanied by an administration fee of $150.00, payable by Certified Cheque to the Treasurer of City of Mississauga.

4) Four (4) copies of the appeal package.

Only individuals, corporations or public bodies may appeal a decj~ion of the City of Mississauga to the Ontario Municipal Board. A nofice of appeal may not be made by an unincorporated association or group. However, a notice of appeal may be made in the name of an individual who is a member of the association or the group on its behalf.

No person or public body shall be added as a party to the hearing of the appeal unless, before the By-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party.

Getting Additional Information: A copy of the by-law is available for viewing during regular office hours at the City of Mississauga at the address noted below, or from Lorie Sterrit/Lisa Christie of the City of Mississauga, Planning and Building Department at (905) 615-3200 X 5499/5542, or on the City's website at: www.mississauga.ca/portal/cityhall/publicnotices.

Mailing Address for Filing a Notice of Appeal City of Mississauga Office of the City Clerk 300 City Centre Drive, 2nd Floor Mississauga ON L5B 3C1

THE CORPORATION OF THE CITY OF MISSISSAUGA

BY-LAW NUMBER .. 0.!.Y:.~::)f?.1 .. ~

A by-law to Adopt Mississauga Official Plan Amendment No. 52

WHEREAS in accordance with the .provisions of sections 17 or 21 of the Planning

Act, R.S.O. 1990, c.P.13, as amended, (the "Planning Act'') Council may adopt an Official

Plan or an amendment thereto;

AND WHEREAS, pursuant to subsection 17(10) of the Planning Act, the Ministry of

Municipal Affairs and Housing ("MMAH") authorized the Regional Municipality of Peel (the

"Region") an approval authority, to exempt from its approval any or all proposed Local

Municipal Official Plan Amendments;

AND WHEREAS, Regional Council passed By-law Number 1-2000 which exempted

all Local Municipal Official Plan Amendments adopted by local councils in the Region after

March 1, 2000, provided that they conform with the Regional Official Plan and comply with

conditions of exemption;

AND WHEREAS, the Commissioner of Public Works for the Region of Peel has

advised that, with regard to Amendment No. 52, in his or her opinion the amendment

conforms with the Regional Official Plan and is exempt;

AND WHEREAS, Council desires to adopt certain amendments to Mississauga

Official Plan regarding two City owned parcels and one Special Site policy;

NOW THEREFORE the Council of The Corporation of the City of Mississauga

ENACTS as follows:

1. The document attached hereto, constituting Amendment No. 52 to Mississauga

Official Plan, is hereby adopted.

22-. j, '-n..e._ ENACTED and PASSED this _____ day of _--=_:V:::::....::...___:::__ ____ , 2016.

APPROVED AS TO FORM City Solicitor

MISSISSAUGA MAYOR

CLERK

THE CORPORATION OF THE CITY OF MISSISSAUGA

BY-LAW NUMBER ... ~\~~.~),,~\.~

A by-law to amend By-law Number 0225-2007, as.amended.

WHEREAS pursuant to section 34 of the Planning Act, R.S.O. 1990, c.P.13, as

amended, the council of a' local municipality may pass a zoning by-law;

NOW THEREFORE the Council of The Corporation of the City of Mississauga

ENACTS as follows:

1. By-law Number 0225-2007, as amended, being a City of Mississauga Zoning

By-law, is amended by deleting the words ."or second unit" in Article 1.1.13.1 as

follows:

1.1.1.\. I Tl11! type· or 1111c made ol' any land, huildi11g or structure within any zone rnll'µory, nccpl rc~sidL'11lial, shall nol be clrn11ged lo another type or use wilhoul i'ir•;t l111vi11g ;1p1)lied f'o1· and obtained a Ce1tificate of Occupancy rrom the Zoning i\rl111i11is1rn1n1'. A Cerlil'icllle of Occupl!ncy slwll also be applied l'or and oblllinecl rrn111 !lit' /.011ing ;\d111inislrnlor where the !ype or use made or any land, building 01· sl n1durc L'i111nges lo a lodging house or seeoad aait within any zone category. tMS0-21HN), (03N-200'1). (02l!(-2013)

2. By-law Number 0225-2007, as amended, is further amended by deleting the words

"home office" from the definition of "Home Occupation/Home Office" in

Section 1.2 as follows:

Home Occupationi Home Offiee

means ;1n occuplltion /'or pm!'il or gain cond11c!ecl entirely within <1

dwelling unit, that is incidental and secondary tu the usc of the dwelling uniJ l'or residential pmposes and does not chtlllge the rcsidcntinl clwrne!cr or the dwelling unit. (0297-2013}


"home occupation" from the definition of "Home Occupation/Home Office", and

.deleting the word "occupation" and substituting the word "office" in Section 1.2 as

follows:

Home Oeeapatieal Home Office

111L'<111s an occHpation office !'or prof'it or gain conclucled enlircly within ad welling trnit, that is incidental and secondary lo the usc oi' llm clwelli11g unit for residential purposes and does not change !he residen!ial character or the dwelling unit. (0297-2013)

Page 1of16

4. By-law Number 0225-2007, as amended, is further amended by adding a definition

for "Prayer Room" to Section 1.2 as follows:

Prayer Room means an enclosed area where people spend time in contemplation or prayer.

5. By-law Number 0225-2007, as amended, is further amended by adding

Table 2.1.2.2.4 to Article 2.1.2.2 as follows:

Table 2.1.2.2.:I - Private Club

1.0 A private club, where permitted, shall comply with the provisions of the applicable Base Zo~e and/or Exception Zone and the following:

1.1

1.2

A prayer room accessory to a private club . shall be permitted ·

Minimum number of parking spaces per 100 m2 gross floor area - non-residential for a prayer room that is greater than 10% of the tolal gross floor area - non-residential of a private club

27.1


Article 2.1.9.12 to Subsection 2.1.9 as follows:

2.1.9.12 Home Office

In addition to the provisions contained in Parts I to 3 of this By-law, a home office shall comply with the provisions contained in Table 2.1.9.12 - Home Office.

Table 2.1.9.12 - Home Office

1.0

2.0

3.0

4.0

5.0

A home office (excluding resident physician, dentist, drugless practitioner or health professional, or home occupation) is permitted within a dwelling unit

Maximum floor area

A home office shall be conducted wholly within a dwelling unit

Only one home office shall be permitted within a dwelling unit

The dwelling in which the home office is located shall be the principal private residence of a person or persons conducting the home office and. they must not be an occasional or casual resident thereof

6.0 A home office shall not employ staff who are not a resident of the dwelling unit

RI to Rl6, RMI to RM9, RAI to RA5, C4, and CCI to CC4 zones

15 m2

Page 2of16

7.0 Outdoor storage or outdoor display of merchandise, material or equipment associated with a home office is not permitted

8.0 A home office shall not be visible from the exterior of the dwelling unit

9.0 A home office shall not have clients attending the dwelling unit to do business within a home office

10.0 A home office shall not create noise, vibration, fumes, odour, dust, glare, or radiation which is detectable outside of the dwelling unit

7. By-law Number 0225-2007, as amended, is further amended by adding the number

"3.1.3.lA" and deleting the words "Sentences 3.1.1.12 and 3.1.1.4.5 and" contained in

Article 3.1.3.1 as follows:

J.U.!

3.1.3.JA

ltl'quircd Number of Aeecssihle Parking Spaces

Acccssihk parking spaces for n01Hcsidcnlial uses shall be provided in l'u11q1li;i11rn wilh Sentences 3.1.1.1.2 and 3.1.1.4 .5 and T~ble 3. I .3. J - Accessible 11:11-king Regul;ifiuns.


Article 3.1.3.lB as follows:

3.1.3.IB Accessible parking spaces for residential uses shall only apply to the total number of visitor par~ng spaces required and shall be provided in compliance with Table 3.1.3.1 - Accessible Parking Regulations.

9. By-law Number 0225-2007, as amended, is further amended by deleting and

replacing Cells B.2.0, B3.0, B4.0, B5.0 and B.6.0 and by adding Cells C.2.0, C3.0,

C4.0, C5.0, C.6.0 and Note (:i) in Table 3.1.3.1 as follows:

2.11 1-1~ 1-12 1.0 space (I)

3.0 1.\-11111 13-100 4% of the total OX2>

,.1,0 IOI 2111) 101-200 1.0 space plus 3% of the total <2>

5.0 201-1 ()()!) 201-1 000 2.0 spaces plus 2 % of the total <2>

<i.o I till I a11d )lrc•a/L'r 1 001 and greater 11.0 sgaces plus 1 % of the total<>

NOTES: (3) Where a shared parking arrangement is used for the calculation of required visitor/non-residential parking, the required accessible parking space requirement will be calculated on either the visitor compone.nt or non-residential component.

Page 3of16

10. By-law Number 0225-2007, as amended, is further amended by deleting

Article 4.1.5.1 and substituting the following therefor:

4.1.5.1 A porch or a deck, located at and accessible from the first storey or below the first storey of the dwelling, inclusive of stairs, may encroach: (0325-2008)

(!) a maximum of 1.6 m into a required front and/or exterior side yard; (2) a maximum of 5.0 m into a required rear yard.

11. · By-law Number 0225-2007, as amended, is further amended by deleting

Article 4.1.5.2 and substituting the following therefor:

4.1.5.2 Notwithstanding the provisions of Article 4.1.5.1, a porch or deck that is located at and accessible from the first storey or below the first storey of the dwelling,

. inclusive of stairs, and is located in the rear yard shall have a minimum setback of: (0325-2008)

( 1) 1.5 m from the rear Jot line;

(2) 0.0 m from an interior side lot line for a lot with a dwelling requiring a 0.0 m interior side yard;

(3) 0.61 m from an interior side Jot line for a Jot with a dwelling requiring more than a 0.0 rn interior side yard;

(4) 0.61 m from an exterior side Jot line.


Article 4.1.5.3 and Sentence 4.1.5.8.1 and adding Article 4.1.5.3 as follows:

4.1.5.3 A porch or deck, located at and accessible from the first storey or below the first storey of the dwelling inclusive of stairs, and is located in an interior side yard shall have a minimum setback of 1.2 m to the interior side yard lot line.


"Articles 4.1.5.1to4.1.5.5" and replacing with "Articles 4.1.5.1to4.1.5.6 and 4.1.5.8

to 4.1.5.11" and deleting "See Illustration No. 1 - Section 1.3 - Illustrations" in


4.1.5.() f\lnl1.vithsl<1lllli11g tlic provisions or l'xrtie!es 4.1.5.l to 4.1.5.5 Articles 4.1.5.1 to 4.1.5.6 and 4.1.5.8 to 4.1.5.11, ~nt:roachmenls and/or projections shal I nDt he 1wm1itkd in a 111i1ii111um required sC!back to a Greenbelt Zone conlainc<l in ']';tlile ·1.1.iU oflhis Lly-lmv.

See Illustratioa No. 1 8eetioa 1.3 Illustratioas.

Page 4of16


Article 4.1.5. 7 and substituting the following therefor:

4.1.5.7 Decorative paving, pool decking, and other hard surfaced landscape material are permitted an unlimited encroachment in a required rear yard, provided that they do not exceed 0.3 m in height above grade at any point, and maintain a minimum setback to any lot line of 0.61 m.


Article 4.1.5.10 and adding Sentence 4.1.5.8.l as follows:

4.1.5.8.1 Stairs, stairwells or retaining walls to facilitate an entrance below grade at any point shall not be permitted in front yards or exterior side yards. (0158-2013)

16~ By-law Number 0225-2007, as amended, is further amended by adding


4.1.5 .10 A balcony may encroach a maximum of 1.0 m into a required front, exterior side or rear yard.


"and Home Office" from Subsection 4.1.16 as follows:

4.1.16 Home Occupation and llame Offiee (0297-2013)


"Article 4.1.16.2" and ".Sentences 4.1.16.2.1to4.1.16.2.10" in Section 4.1.

19.' By-law Number 0225-2007, as amended, is further amended by deleting the number

"4.1.5.3" from Sentence 4.2.5.60.11 in Exception Table 4.2.5.60.11 and substituting

the number "4.lS.10" as follows:

i\rticlc ~ 4.1.5.10 ol'this By-law shall nnl iq1ply lo 11 halcnu.v in the rear yard

Page 5of16

" I

20. By-law Number 0225-2007, as amended, is further amended by adding the words

"CEC - " before the words "Corner Lot" in Cells A3.2, A4.2, A6.1 and A9.1 of

Table 4.7.1 contained in Subsection 4.7.1 as follows:

.1.2 CEC • C'orn«r Lot no rn2

4 ) CEC • Conwr Lol J lJ.5 J1l

Ci.I lnt«rior lol/CEC • tornc1· lol 7.5 m 121

'J.J lnt(•rior lot/CEC ·corner lot 7.5 lll 121

21.. By-law Number 0225-2007, as amended, is further amended by deleting Line 11.0 in


Mil'ffMUM Lf~NDSCAPED ,\RE1'. 25% of lat area 25% of lat area


"CEC - " before the words "Corner Lot" in Cells A3.2, A4.2, A6.1 and A9.l of


ZONE REGllL\TlONS

.1.2 CEC ·Corner Lot

~1.2 CEC • Conwr Loi 9.8 m

6.) lnt<·rior Jot/CEC • rnrner Joi 4.5111 12 '

'J.I I nll'rior lot/CEC ·corner Jot 7.5 lll ,,,

Page 6of16


"CEC - " before the words "Corner lot" in Cells A3.2, A4.2, A6.1 and A9.l of

Table 4.12.1 contained in Subsection 4.12. l as follows:

.l.:?. CEC - Corner Lot I <JO 1111

CEC- Corm•r Loi 8.J Ill

6.1 i11kdu1· lol/CEC - c.orner lo!

'1.1 I ul<'rior lol/CEC - COl'IWr Joi 7.5 111131


",or take-out restaurant" to Clause 6.2.4.44.1 (1) contained in Exception

Table 6.2.4.44 as follows:

<i.2A .• f.J.I (Ii Uu1dunr patio accessory lo a reslaurnnt, or eonvenience restaurant, or take-out restaurant


"Sentence 7.2.2.2.4" to Exception Table 7.2.2.2 as follows:

7.2.2.2.4 "Height" means the measurement from established grade to the top of the parapet of the lowest roof

26. The greyed-out text, identified in Items 1 to 25 inclusive of this By-law, is for

information purposes only and does not form part of the amendments contained in

tpis By-Jaw.

27. Map Number 08 of Schedule "B" to By-law Number 0225-2007, as amended, being a

City of Mississauga Zoning By-law, is amended by changing thereon from no zoning

to "OS2", the zoning of Part Lot 6, Range 1 Credit Indian Reserve, in the City of

Mississauga, PROVIDED HOWEVER THAT the "OS2" zoning shall only apply to

the lands which are shown on the attached Schedule "Al", which is deemed to be an

integral part of this By-law, outlined in the heaviest broken line with the "OS2"

zoning indicated thereon.

Page 7of16

28. Map Number 11 of Schedule "B" to By-law Number 0225-2007, as amended, being a

City of Mississauga Zoning By-law, is amended by changing thereon from "OS l" to

"R3", the zoning of Part of Block D and E, Plan 587, Part Lot 33, Concession 2,

South of Dundas Street, in the City of Mississauga, PROVIDED HOWEVER THAT

the "R3" zoning shall only apply to the lands which are shown on the attached

Schedule "A2", which is deemed to be an integral part of this By-law, outlined in the

heaviest broken line with the "R3" zoning indicated thereon.

29. Map Number 39E of Schedule "B" to By-law Number 0225-2007, as amended, being

a City of Mississauga Zoning By-law, is amended by changing thereon from

"RM7-1" to "D", the zoning of Part Lot 3, Concession 5, West of Hurontario Street,

in the City of Mississauga, PROVIDED HOWEVER THAT the "D" zoning shall

only apply to the lands which are shown on the attached Schedule "A3", which is

deemed to be an integral part of this By-law, outlined in the heaviest broken line with

the "D" zoning indicated thereon.

30. Map Number 49W of Schedule "B" to By-law Number 0225-2007, as amended,

being a City of Mississauga Zoning By-law, is amended by changing thereon from

"E3" to "OS3 ", the zoning of Part of Lot 14, Concession 5, East of Hurontario Street,

in the City of Mississauga, PROVIDED HOWEVER THAT the "OS3" zoning shall

only apply to the lands which are shown on the attached Schedule "A4", which is

deemed to be an integral part of this By-law, outlined in the heaviest broken line with

the "OS3" zoning indicated thereon.

31. Items 27 and 30 of this By-law shall not come into force until Mississauga Official

Plan Amendment Number 52 is in full force and effect.

ENACTED and PASSED this _2_2 ___ day of __ ._J_u_n_e... ______ 2016.

APPROVED ASTO FORM City Solicitor

MISSISSAUGA

:ii~4 MAYOR

CLERK

Page 8of16

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APPENDIX "A" TOBY-LAWNUMBER_~0~14~~~-_2,_6_!<o_

Explanation of the Purpose and Effect of the By-law

The purpose of this by-law is to amend Mississauga Zoning By-law 0225-2007, as amended,

to clarify wording in various sections of the Zoning By-law that have been identified since

the Zoning By-law was passed by Council on June 20, 2007. Amendments include the

following:

Definitions

General Provisions

Parking and Loading Regulations

Residential, Commercial and City Centre Provisions and Regulations

Location of Lands Affected

All lands in the City of Mississauga.

Further information regarding this By-law may be obtained from Lorie Sterritt of the City

Planning and Building Depaiiment at 905-615-3200 ext. 5499.

http://teamsites.mississauga.ca/sites/18/bylaws/bl 09 com.city-initiated.I O.ls.jmcc.docx

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CITY OF MISSISSAUGA

THIS IS APPENDIX rrB3" TO

BY-LAW Q F-1 <../- ZCJI k.

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Amendment No. 52

to

Mississauga Official Plan

By-law No. __ ()_\ \.\_0--<.L----=t:....;;_.\J \_....."??_

A by-law to Adopt Mississauga Official Plan Amendment No. 52

WHEREAS in accordance with the provisions of sections 17 or 21 of the

Planning Act, R.S.O. 1990, c.P.13, as amended, (the "Planning Act") Council

may adopt an Official Plan or an amendment thereto;

AND WHEREAS, pursuant to subsection 17(10) of the Planning Act, the

Ministry of Municipal Affairs and Housing ("MMAH") authorized the Regional

Municipality of Peel (the "Region") an approval authority, to exempt from its

approval any or all proposed Local Municipal Official Plan Amendments;

AND WHEREAS, Regional Council passed By-law Number 1-2000 which

exempted all Local Municipal Official Plan Amendments adopted by local

councils in the Region after March 1, 2000, provided that they conform with the

Regional Official Plan and comply with conditions of exemption;

AND WHEREAS, the Commissioner of Public Works for the Region of

Peel has advised that, with regard to Amendment No. 52, in his or her opinion

the amendment conforms with the Regional Official Plan and is exempt;

AND WHEREAS, Council desires to adopt certain amendments to

Mississauga Official Plan regarding two City owned parcels and one Special Site

policy;

NOW THEREFORE the Council of The Corporation of the City of

Mississauga ENACTS as follows: .

1. The document attached hereto, constituting Amendment No. 52 to

Mississauga Official Plan, is hereby adopted.

o CJ Nd_ Tu , 1 ::-ENACTED and PASSED this .L 1- day of _"-1 __ ,v_._ _____ , 2016.

Signe:-g~ cv'bY,V~ MAYOR CLERK

Amendment No. 52

to

Mississauga Official Plan

The following text and Maps "A", "B", "C", "01" and "02" attached constitute Amendment No. 52.

Also attached but not constituting part of the Amendment are Appendices I and 11.

Appendix I is a description of the Public Meeting held in connection with this Amendment.

Appendix 11 is a copy of the Planning and Building Department report dated May 30, 2016 pertaining to this Amendment.

PURPOSE

The purpose of this Amendment is to redesignate two City owned properties to reflect current uses and to update a Special Site policy in the Uptown Major Node Character Area.

LOCATION

The lands affected by this Amendment are located in the Port Credit Community Node, Northeast Employment Area and Uptown Major Node Character Areas.

BASIS

Mississauga Official Plan came into effect on November 14, 2012, save and except for those policies and land use designations which have been appealed to the Ontario Municipal Board.

The three proposed changes are outlined below, and are numbered in accordance with the chart attached in Appendix II of this Amendment. They are acceptable from a planning standpoint and should be approved for the following reasons:

Site 1 - The subject site is immediately north of the Port Credit Arena parking area at 40 Stavebank Road. It is owned by the City, but has no land use designation. To be consistent with the rest of the Arena property, it is appropriate to extend the Public Open Space designation onto this parcel.

Site 3 - The subject site is 30 Eglinton Avenue West. It is designated Office and identified as Special Site 1 in the Uptown Major Node Character Area. When content from Mississauga Plan was transferred to Mississauga Official Plan, Area 1A was inadvertently omitted from Special Site 1. Therefore, it is appropriate to add Area 1A back to the Special Site to permit overnight accommodations.

Site 4 - The subject property is 0 Torbram Road, and is known as Carefoot Cemetery. It is appropriate to redesignate the property from Industrial to Private Open Space to reflect the current use of the property.

The proposed Amendment is acceptable from a planning standpoint and should be approved to ensure that the land use designations are accurate and appropriate for the current and/or intended uses of the lands. Corresponding Zoning By-law Amendments will be brought forward to ensure that the City's Official Plan and Zoning By-law are in conformity, as required under the Planning Act.

DETAILS OF THE AMENDMENT AND POLICIES RELATIVE THERETO

1. Section 13.3.4, Special Site Policies, Uptown Major Node Character Area of Mississauga Official Plan, is hereby amended by deleting Special Site Map 13.3.4.1 and replacing it with the following:

13. 3.4.1 Site 1

EGLINTON AVE. E.

2. Section 13.3.4, Special Sit~ Policies, Uptown Major Node Character Area of Mississauga Official Plan, is hereby amended by adding Section 13.3.4.1.3, as follows:

13.3.4.1.3 The lands identified as Area 1A may also be developed for overnight accommodations.

3. Schedule 1, Urban System, of Mississauga Official Plan is hereby amended by .adding lands to the Green System, as shown on Map "A" of this Amendment.

4. Schedule 1 a, Urban System - Green System, of Mississauga Official Plan is hereby amended by adding lands to the Green System, as shown on Map "B" of this Amendment.

5. Schedule 4, Parks and Open Spaces, of Mississauga Official Plan is hereby amended by adding lands to the Parks and Open Spaces, as shown on Map "C" of this Amendment. ·

6. Schedule 10, Land.Use Designations, of Mississauga Official Plan is hereby amended by changing the land use designation of the subject lands from Industrial to Private Open Space, as shown on Map "01" of this Amendment.

7. Schedule 10, Land Use Designations, of Mississauga Official Plan is hereby amended by changing the land use designation of the subject lands from no designation to Public Open Space, as shown on Map "02" of this Amendment.

IMPLEMENTATION

Upon the approval of this Amendment by the Council of the Corporation of the City of Mississauga, Mississauga Official Plan will be amended in accordance with this Amendment.

The lands will be rezoned to implement this Amendment.

This Amendment has been prepared based on the Office Consolidation of Mississauga Official Plan dated March 11, 2016. ··

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/bl.09-com.mopa52.lc.docx

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APPENDIX I

PUBLIC MEETING

All property owners and residents within the City of Mississauga were invited to attend a Public Meeting of the Planning and Development Committee held on May 16, 2016 in connection with this proposed Amendment.

At the Public Meeting, there were no oral or written submissions with respect to the proposed Amendment.

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watercourses}, including any lands or bodies of water outside the city boundaries, is shown for information purposes only.

3. The Public end Private Open Spaces identified on this Schedule include lands designated Public Open Space, Private Open Space and Greenbelt as shown on Schedule 10.

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APPENDIX II

City of Mississauga

orporate M

eport

Date: May 30, 2016

To: Mayor and Members of Council

From: Edward R. Sajecki, Commissioner of Planning and Building

Subject Proposed City Initiated Official Plan and Rezoning Amendments

MISSISSauGa

Originator's file: BL.09-COM

Meeting date: 2016/06/22

to Mississauga Official Plan and Mississauga. Zoning By-law 0225-2007 City of Mississauga (All Wards) File: BL.09-COM

Recommendation That the Report dated April 26, 2016, from the Commissioner of Planning and Building regarding proposed City initiated amendments to the Mississauga Official Plan and Zoning By-law 0225-2007, be adopted in accordance with the following:

1. That the proposed City initiated Official Plan Amendment, as detailed in Appendix 1, be approved; and,

2. That the proposed City initiated changes to Zoning By-law 0225-2007, as detailed in Appendix 1, be approved.

Background A public meeting was held by the Planning and Development Committee on May 16, 2016, at which time an Information Report (Appendix 1) was received for information. Recommendation PDC-0035-2016 was then adopted by Council on May 25, 2016.

Comments The implementing Official Plan Amendment and Zoning By-law have been prepared to reflect the City initiated amendments noted in Appendix I.

Council 2016/05/30 2


COMMUNITY ISSUES No community meetings were held and no one attended the Planning and Development Committee meeting with respect to this item. No written comments were received by the Planning and Building Department.

PLANNING COMMENTS The proposed amendments to Mississauga Official Plan and Zoning By-law 0225-2007 are required to ensure that the documents remain up-to-date. The amendments to Zoning By-law 0225-2007 are in conformity with the policies of the Mississauga Official Plan.

Financial Impact Not applicable.

Conclusion The proposed City initiated amendments to Mississauga Official Plan and Zoning By-law 0225-2007 are acceptable from a planning standpoint and should be approved for the following reasons:

1. The proposed land use designations are consistent with the uses of the subject properties.

2. The amendments to Zoning By-law 0225-2007 clarify the definitions and regulations in certain sections of the By-law and ensure conformity with Mississauga Official Plan is maintained.

Attachments Appendix 1: Public Meeting Information Report- Proposed City Initiated Official Plan and.

Rezoning Amendments to Mississauga Official Plan and Mississauga Zoning By-law 0225-2007

Edward R. Sajecki Commissioner of Planning and Building

Prepared by: Lorie Sterritt, Planner, Planning SeNices Centre

4.3 - 1 Appendix 1, Page 1

City of Mississauga

orporate Report M

Date: · April 26, 2016

To: Chair and Members of Planning and Development Committee

From: Edward R. Sajecki, Commissioner of Planning and Building

Subject PUBLIC MEETING INFORMATION REPORT

MISSISSaUGa


Meeting date: 2016/05/16

Proposed City Initiated Official Plan and Rezoning Amendments to Mississauga Official Plan and Mississauga Zoning By-law 0225-2007 City of Mississauga {All Wards) File: BL.09-COM .

Recommendation That the Report dated April 26, 2016, from the Commissioner of Planning and Building regarding proposed City initiated amendments to the Official Plan and Zoning By-law 0225-2007, be received for information and notwithstanding planning protocol, that the Recommendation report be brought directly to a future Council meeting.

Background The purpose of this report is to present proposed Official Plan Amendments and Zoning By-law Amendments for a number of properties within the City of Mississauga; to present '<-

recommended City initiated amendments to the Zoning By-law and to hear comments from the ·public on the proposed changes.

Comments The proposed Official Plan Amendment affects three properties located within Wards 1, 4 and 5. The proposed Zoning By·-law Amendment affects four properties located within Wards 1, 2, 5 and 11. In total,· five properties are affected and are illustrated on the Location Map included as Appendix 1. Appendix 2 contains a summary of the proposed Official Plan and/or Zoning By-law Amendments.

4.3-2 Appendix 1, Page 2

Planning and Development Committee 2016/04/26 2


In addition to the changes outlined in Appendix 2, it has been determined that a number of Zoning By-law sections need to be revised to clarify wording. Zoning By-law Amendments are proposed to modify the following:

• Definition Section a Parking and Loading Regulations e Residential and Commercial Provisions

The details of these amendments are outlined in Appendix 3 to this report. Of note are items outlined below, which are cross-referenced with Appendix 3 in parenthesis:

• Accessible Parking (Item 6)

•

0

The City's Zoning By-law must be consistent with Provincial legislation and regulations. To conform with the Accessibility for Ontarians vith Disabilities Act, 2006, Ontario regulation . 413-.12, and meet the objectives of the Belong Strategic Pillar, the standards for accessible parking are being updated.

Encroachments (Items 7 to 14) , The Residential General Provisions permit encroachments of stairs, decks and porches into the requ'ired setbacks. To ensure the intent is maintained and the City continues to meet the Green Strategic Pillar, minor wording changes and renumbering are proposed.

Home Office Use (Items 5 and 15) Currently, a home office use is permitted within any dwelling unit through the Residential General Provisions. There are, however, other zones which permit a dwelling unit that are not zoned Residential and are not permitted to have a home office. The home office uses and regulations are being added to Part 2, General Provisions allowing home offices in any zone that permits residential uses, ensure that the Prosper Strategic Pillar is encouraged.

Financial Im pact Not applicable.

Conclusion Once the public meeting has been held, the Planning and Building Department will be in a position to make a recommendation regarding these amendments. Given the nature of the proposed City initiated amendments to the Official Plan and Zoning By-law, it is recommended that notwithstanding planning protocol, the Recommendation Report be brought directly to a future Council Meeting.

4.3 - 3 Appendix 1, Page 3

Planning and Development Committee 2016/04/26 3


Attachments Appendix 1: Location of Properties for Proposed Rezoning and/or Mississauga Official

Plan Amendment Appendix 2: Proposed City Initiated Amendments to Mississauga Official Plan and/or

Zoning By-Law Appendix 3: Proposed City Initiated Amendments (#10) to Zoning By-law 0225-2007

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Edward R. Sajecki Commissioner of Planning and Building

Prepared by: Lorie Sterritt, Planner, Planning Services Centre

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GENERAL LOCATION OF SUBJECT LANDS

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Site Ward Location

1) North 1 of 40

Stavebank Road 2) 1290 2 Kelly ,Road

3) 30. 4 Eglinton Avenue West 4) 0 5 Torbram Road

5) 25 & 39 11 Princess Street

4.3

Proposed City Initiated Amendments to Mississauga Official Plan and/or Zoning By-law

Current Ownership Current MOP Proposed Current Proposed Comments Use Designation MOP Zoning Zoning

Designation Property City None Public Open None 082 (Open City acquired parcel north of Port Ownership Space Space - for the Port Credit Credit Arena Community Arena property. site Park) Elementary Peel Residential N/A OS1 (Open R3 (Detached Land exchange School District Low Density II Space - Dwellings - between City and

School Community Typical Lots) School Board. Board Park)

Office/ PriVt3te Office - Office - Special 0-8 NIA Omitted from the Restaurant ownership Special Site Site 1 (Office - Mississauga Official Retail 1 (amended) Exception) Plan by oversight.

Care foot City Industrial Pri\JClte Open E3 OS3 (Open Existing cemetery Cemetery Ownership Space (Industrial) Space - with incorrect

Cemetery) designation and ·zoning.

Vacant Metrolinx Residential N/A RM7-1 D A portion of the (future Medium (Detached, (Development) adjacent land was parking lot) Density Semi- acquired by

detached, Metrolinx and has Duplex, been re-designated Triplex and by the Policy Horizontal Division to Medium Multiple Density Residential. Dwellings - The land must be Exception) rezoned for

conformity with the Mississauga Official Plan.

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4.3-6 Proposed City Initiated Amendments (#10) to Zoning By-law 0225-2007

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Section 1.2 -Definitions



Home Occupation/ Home Office -.rneans an office for profit or gain conducted entirely within a dwelling unit, that is incidental and secondary to the use of the dwelling unit for residential .

Home Occupation/Home Office - means an occupation for profit or gain conducted entirely within a dwelling unit, that is incidental and secondary to the use of the dwelling unit for residential purposes and does not change the residential character of the dwelling unit. Prayer Room means an enclosed area where people ·spend time in contemplation or prayer.

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Column A 1.0 I Where permitted, a private club shall

comply wth the provisions of the applicable Base Zone and/or Exception Zoning and the followng:

B v'

1.1 I A prayer room accessory to a private club I v' shall be permitted

1. 2 I Where a prayer room is greater than 10% I 27. 1 of the total GFA- non-residential of a private club, minimum number of parking spaces per 100m2 GFA- non-residential for a prayer room

Separate the definition of home office and home occupation as they are permitted in different zones and each have different regulations. Separate the definition of home office and home occupation as they are permitted in different zones and each have different regulations. Add a definition for "Prayer Room".

Clarify ttie parking requirement when a prayer room is a use within a private club.

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In addition to the provisions contained in Parts 1 to 3 of this By-law, a home office shall comply Vvith the provisions contained in Table 2.1.9.12 - Home Office. ColumnA I B Line 1.0

2.0 3.0

4.0

5.0

6.0

7.0

8.0

A home office (excluding resident physician, dentist, drugless practitioner, health professional's office, or home occupation) is permitted Vvithin a dv.elling unit Maximum area used for a home office A home office shall be conducted Wiol/y rMthin a dv.elling unit Only one home office shall be permitted Vvithin a dwelling unit The dv.elling in Wiich the home office is located shall be the principal private residence of a person or persons conducting the home office and they must not be an occasional or casual resident thereof A home office shall not employ staff Wio are not a resident of the dv.elling unit Outdoor storage or outdoor display of merchandise, material or equipment associated Vvith a home office is not

ermitted There shall be no visible indication from the exterior of the dv.elling unit that a home office is carried on in the dwelling unit

Any Zone that permits ·a dv.elling unit.

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9.0 There 'shall be no clients attending the dv.elling unit to do business Vvith a home office

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Move the provisions of Home Office to Section 2.1, General Provisions, to clarify that a home office is permitted in all types of dwelling units, regardless of the zone.

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10.0 I A home office shall not create noise, vibration, fumes, odour, dust, glare, or radiation Vvhich is detectable outside of the dV1elling unit

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6 I 3.1.3 I Required Number of Accessible Parking Spaces Update accessible parking regulations· to be consistent with the Accessibility for Ontarians with Disabilities Act Accessible parking spaces for non-residential uses and residential visitor

parking spaces shall be provided in compliance with Sentences 3.1.1.1.2 and 3.1.1 .4.5 and Table 3.1.3.1 - Accessible Parking Regulations.

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8 4.1.5.2

A porch or a deck, located at and accessible from the first storey or below I Renumber and reorganize text in both the first storey of the dVlelling, inclusive of stairs, may encroach: clauses 4.1.5.1 and 4.1.5.2.

(1) a maximum of 1.6 m (5.2 ft.) into a required front and/or exterior side yard; (0325-2008)

(2) a maximum of 5.0 m (16.4 ft.) into a required rear yard.

Notvvithstanding the provisions of Article 4.1.5.1, a porch or deck that is I Renumber and reorganize text in both located at and accessible from the first storey or below the first storey_ of the clauses 4.1.5.1 and 4.1.5.2. dv.elling, inclusive of stairs, and is located in the rear yard shall have a minimum set back of:

(1) 1.5 m (4.9 ft.) from the rear lot line;

(2) 0.0 m from an interior side lot line for a lot Vvith a dVlefling requiring a 0.0 m interior side yard;

(3) 0. 61 m (2 ft.} from an interior side lot line for a lot wth a dv.el!ing requiring more than a 0.0 m interior side yard; (0325-2008)

(4) 0.61 m (2 ft.) from an exterior side lot line.

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10 4.1.5.6

11 4.1.5.7

12 4.1.5.7

13 4.1.5.8.1

14 4.1.5.10

15 4.1.6.16 4.1.16.2

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A porch or deck, located at and accessible from the first storey or belowthe first storey of the dv.elling inclusive of stairs, and is located in an interior side yard shall have a minimum setback of 1.2 m (3.9 ft.) to the interior side yard lot line; (0158 2013) Notviithstanding the provisions of Articles 4.1.5.1 to 4.1.5.6, and 4.1.5.8 to 4.1.5.11, 4.1.5.1 to 4.1.5.5, encroachments and/or projections shall not be permitted in a minimum required setback to a Greenbelt zone contained in table 4.1.B.1 of this By-law. Notv.ithstanding the provisions of Articles 4.1.5.2 and 4.1.5.10, any portion of a porcf? or dock that is located in a rearyard, does not oxceed 0.3 min height abm'e grade at any point and is unco'lered, is permitted an unllmftod. encroachment into the required rear yard, provided that the minimum setback to a_nylot line shaU be 0.61 m; (0297 2013), (0190 2014) Dec;orative paving, pool decking, and other hard surfaced landscape material are permitted an unlimited encroachment in a required rear yard, provided that they do not exceed 0.3 m '(0.9 ft.) in height above grade at any point, and maintain a minimum setback to any lot line of 0.61 m (3.9 ft.}. Stairs, stairwells or retaining walls to facilitate an entrance below grade at any point shall not be permitted in front yards or exterior side yards. (0158-2013) A balcony may encroach a maximum of1 .0 m (3:Tft.) into·a required front, exterior side or rear yard;

4.1.16.2 Home Office (0297 2013)

;~;·::i~~~r o~ ~:1~:1;ro::~o~°:i~u:i:e)~:i:::~\t!1~i'~i~:i~ ~~~ti:,:',e~~~=l:!ft IA a es1dent1al Zone; n

4.1.16.2.2 The total area used for a home office shall not exceed 15 m2;

4.1.16.2.3 A home office shall be conducted wholly within a dwelling unit;

4.1.16.2.4 t!ffit,

Only one (1) home "tbd "'ithin a c:P.velling office shall be perm1 e '"

4.1.16.2.5 The dwelling in which the home office is located shall be the

Renumber from 4.1.5.8.1 and clarify porch or deck is located in side yard.

Renumber from 4.1.5.8 and adding relevant sections due to renumbering.

Delete 4.1.5. 7 and replace with revised 4.1.5.7 (Item 12).

Clarify what is considered landscaping and not a deck or porch in rear yards of dwellings.

Renumber from 4.1.5.10 to 4.1.5.8.1.

Renumber from 4.1.5.3 to 4.1.5.10.

Move Home Office from Section 4.1, Residential General Provisions to Section 2.1, General Provisions.

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16 Table 4.7.1

17 Table 4.8.1

18 Table 4.9.1

19 Table 4.12

4.3 - 10

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4.1.16.2.6 /\home office shall not employ staff who are not a resident of the dwelling unit;

4.1.16.2.7 Ou«:!oor storage or outdoor display of merchandise, material or equipment associated with a home office is not permitted;

4.1.16.2.8 There shall be no visible indication from the exterior of the dwelling unit that a home office is carried on in the dwelling unit;

4.1.16.2.9 There shalJ be no clients attending the dwelling unit to do business with a home office;

4.1.16.2.10 A home office shall not create noise, vibration, fumes, odour, dust, glare, or radiation which is detectable outside of the dwelling unit.

- vOrner lot 4.2 CEC- Corner lot 6.1 Interior lot!CEC- Corner lot 9.1 Interior lot/CEC - Corner lot 3.2 CEC - Corner Jot 4.2 CEC - Corner lot 6.1 Interior lot/CEC- Corner Jot 9.1 Interior lot - CEC- Comer Jot

Add CEC when describing a corner lot to ensure that the CEC-Corner Lot definition is used (R16 Zone).

Delete reference to minimum landscaped area for semi-detached dwellings. Other provisions ensure a balance of landscaped and buildable areas (RM1, RM2 Zones). Add CEC when describing a corner lot to ensure that the CEC-Corner Lot definition is used (RM3 Zone).

Add CEC when describing a corner lot to ensure that the CEC-Corner Lot definition is used (RM6 Zone). )>

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20 62.4.44 (C3-44)

6.2.4.44.1 (1) Outdoor patio accessory to restaurant, or take-out restaurant

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Height means the measurement from parapet ·of the looost roof

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Correction required from Ontario Municipal Board decision.

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