Download - 10.0 REGION OF PEEL PLANNING POLICIES · Mississauga. The City of Mississauga’s Official Plan (Mississauga Plan) must conform to the Region of Peel Official Plan policies, and both

PLANNING FOR CHILDCARE IN THE GATEWAY DISTRICT NODE: CITY OF MISSISSAUGA

10.0 REGION OF PEEL PLANNING POLICIES The Region of Peel Official Plan, (ROP) as approved by the Province, provides Regional Council with a framework for decision making and sets the regional context for more detailed planning and implementation by the member municipalities, such as the City of Mississauga. The City of Mississauga’s Official Plan (Mississauga Plan) must conform to the Region of Peel Official Plan policies, and both Official Plans must conform to Provincial Planning policies. 10.1 REGION OF PEEL CHILD CARE POLICIES In consideration of the purpose of this report it is important to consider the ROP in terms of the Regional mandate to provide for social services with assisted child care being one element. Child care services in the Region of Peel include both licensed and unlicensed private operators and non-profit operators. There are subsidy agreements in place parents can obtain public assistance according to the Child Development Resource Connection Peel (CDRCP). The purpose of CDRCP is to assist parents in locating child care facilities. In preparation of this section of the report discussions were held with Senior Regional Staff representing Child Care Services. Regional Child Care Services Staff acknowledge the need and desirability of licensed work-place oriented daycare as a means to assist working family structures and employers achieve objectives. Adequate licensed daycare helps improve work force participation, minimizes work-life conflicts and reduces absenteeism. Regional Staff recommended that the combination of a Day Care facility, with a nearby associated Walk-in Clinic would also serve Employment communities as well. There is a serious lack of Child Care Centres, such as Day Care facilities in the Region of Peel today. We are advised by Regional Staff that in the Region today: The following statistics as provided by Regional Staff summarize the serious lack of Day Care facilities/services in the Region of Peel today:

• There are 180,000 children aged 0-10;

• There are 100,000 children aged 0-5, representing about 56% of the total;

• There are approximately 22,000 licensed Day Care spaces;

• There are 4,500 Peel subsidized Day Care spaces geared to income, with 2,300 waiting for subsidized spaces;

• About 70% of families have working mothers in the Region;

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• There are approximately 21,200 children enrolled in private or semi-private licensed Day Care facilities;

• The Region of Peel has in place about 350 Subsidy Agreements with private

Day Care facilities which represents about 10% of the total 3,500 private facilities;

• At this time the Region of Peel has 12 operational Day Care facilities

serving the families of 800 children;

• It is a Regional corporate objective to accelerate their Day Care subsidy program which is undeveloped in the Region particularly given the high demand for Day Care facilities;

It is a goal of the Region to have an adequate, efficient, planned and cost effective system of Regional Services, which ensures that services, service levels and service delivery are consistent with public needs and financial realities. The Region’s objectives apply where human services are provided to enable Peel residents to enjoy safe and healthy lives in safe and healthy communities. The provisions of such services foster the creation of community identity and community self-reliance as per the ROP. In terms of the ROP please consider the following polices; 6.1.2 Goal To have adequate, efficient, planned and cost effective system of Regional Services which ensures that services, service levels and service delivery are consistent with public needs and financial realities. 6.2.1 Objectives

6.2.1.1. To provide human services in an adequate, efficient, planned and cost effective manner consistent with public needs and financial realities.

6.2.1.2 To deliver human services in a manner that enables Peel residents to

enjoy safe and healthy lives in safe and healthy communities.

6.2.1.3. To foster the creation of community identity and community self-reliance. 6.2.2 Policies, It is the policy of Regional Council to:

6.2.2.1 Provide regional human services in a manner sufficient to support the present and future population living and working in Peel, in keeping with the Region’s financial objectives.


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6.2.2.2. Ensure that adequate accessible Regional human service facilities and programs are available which are consistent with the needs of a changing population structure.

6.2.2.3. Plan for coordinated access to assisted housing, health services and

social services. The regional scale of the Lester B. Pearson International Airport Operating Area (AOA) is substantial in urban land area, where the vast majority of the AOA lands are designated for Employment purposes. As a result, given the serous lack of Day Care facilities and Regional objectives for Children’s Services and work-place daycare, all opportunities for the location of quality and safe Day Care spaces should be examined to help facilitate work-place oriented Day Care service opportunities in the employment areas to off-set the scale of the AOA. Day Care facilities located below the 35 NEF/NEP Composite Noise Contour, as in the Gateway District Node, is a preferred location since the inclusion of this use helps support the planned major employment function of the Gateway District Node as part of the Hurontario Corridor. The value and need for well located and accessible work-place daycare in major employment areas is valuable to the Region of Peel in fulfilling its goals and objectives concerning regional human services. 10.2 URBAN SYSTEM: NODE POLICIES

In consideration of the purpose of this report it is important to consider the ROP in terms of the Urban System, where the Official Plan refers to a variety of communities that contain diverse, living, working and cultural opportunities. It is proposed that urban development and redevelopment be directed to the Urban System within the 2021 Regional Urban Boundary, consistent with the policies of the Regional Official Plan and the area municipal official plans, such as the City of Mississauga. There are two Regional Urban Nodes identified, as shown of the Region’s Schedule D; being Mississauga City Centre and Downtown Brampton. Per ROP Section 5.3.3., these Urban Nodes will include, “compact forms of urban development providing a range and mix of housing, employment, recreation, entertainment, civic, cultural and other activities for Peel residents and workers and other residents of the Greater Toronto Area.” As well, with these Regional Urban Nodes identified in the ROP, there are other urban Nodes in Peel, as required to be identified in area municipal official plans. It is a specific policy of the ROP (5.3.3.2.5.) that area municipalities, such as the City of Mississauga, “…identify in their official plans other appropriate urban nodes, in addition to the Regional Urban Nodes identified in this plan.” The City of Mississauga has complied with the ROP policy by identifying and providing policies applicable to Nodes, such as the Gateway District Node. Further information regarding the planned function and context of the Gateway District Node is set out in the Mississauga Plan section of this report.


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10.3 AIRPORT POLICIES On July 11, 2002 Regional Official Plan Amendment (ROPA) No. 5, was approved by Regional Council, as an amendment to the Region of Peel’s Airports Policy within the Official Plan per By-law No. 37-2002. ROPA No. 5 follows the policy format of the Region, as per existing exemptions to the lands located less than the 35 NEF/NEP composite contour in terms of the LBPIA Operating Area. The purpose of ROPA No. 5 is to amend the Regional Official Plan Section 5.6.6.2 to clarify policies affecting sensitive land uses within the Airport Operating Area and to provide the general framework allowing the local municipalities to deal with more specific land use planning matters within the Airport Operating Area. The land area subject to this amendment is located within the Airport Operating Area - Schedule H of the Regional Official Plan. The Amendment supplements the intent and policies of the Regional Official Plan. (See Figures 13, 14, 15, 16 and 17). At the time of the processing of ROPA No. 5 Orlando Corporation was not aware of the processing of ROPA No. 5, and did not participate and did not appeal the matter to the Ontario Municipal Board. By consolidating the prior ROP policies with the ROPA No. 5 policies, the following is a summary of the current Regional Official Plan Airports Policies, as applicable to Lester B. Pearson International Airport (LBPIA). Policy reference to the Brampton Flying Club does not apply for the purpose of this report. ROPA No. 5 generally reads as follows: 5.6.6 Airports

Lester B. Pearson International Airport (L.B.P.I.A.) is an important element of infrastructure in the Greater Toronto Area. L.B.P.I.A. is a significant generator of positive economic benefits and is directly responsible for attracting a broad range of industries and businesses to the Region of Peel and the Greater Toronto Area.

The presence of L.B.P.I.A. within the Region of Peel provides both opportunity and responsibility. It provides national and international transportation linkages, creates significant employment and generates many direct and indirect economic benefits. Because of its significance, it is a priority of this Plan to ensure that new development is compatible with Airport operations and allows the Airport to function efficiently while recognizing approved land uses and other considerations…

5.6.6.1 Objectives 5.6.6.1.1 To optimize the full economic potential of Lester B. Pearson

International Airport … to the Region of Peel and the GTA having regard for:

a) existing and future industry, business and employment opportunities; b) the interests of existing and future residents.

5.6.6.1.2 To support the recreational opportunities of airports in Peel where appropriate.


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5.6.6.2 Policies. It is the policy of Regional Council to: 5.6.6.2.1 Support the improvement and enhancement of the facilities, access to and

capacity of the Lester B. Pearson International Airport, taking into account the concerns of existing and future residents of Peel Region, to maintain the importance of the Airport to the Region of Peel, the Greater Toronto Area, the Province and Canada.

5.6.6.2.3 Protect the Lester B. Pearson International Airport (L.B.P.I.A.)Operating

Area to ensure that development adjacent to the Airport is compatible with airport operations and the needs of residents.

5.6.6.2.4 Prohibit the development, redevelopment and infill of new residential and

sensitive land uses, specifically hospitals, nursing homes, daycare facilities and public and private schools in L.B.P.I.A Operating Area outlined on Schedule "H".

5.6.6.2.5 Direct the Cities of Mississauga and Brampton, in consultation with the

Greater Toronto Airports Authority and the Region to include in their Official Plans:

i) Airport Operating Area policies consistent with Policy 5.6.6.2.4;

ii) Definitions and illustrations of the areas to which the Airport Operating Area policies apply; and

iii) Definitions of the terms sensitive land uses, redevelopment and infill.

5.6.6.2.6 Direct the Cities of Mississauga and Brampton, in consultation with the

Greater Toronto Airports Authority and the Region, to define specific exceptions to Policy 5.6.6.2.4 in the municipal official plan, which may be considered for Malton, Meadowvale Village and East Credit, within the L.B.P.I.A. Operating Area, provided however that such exceptions:

i) Prohibit, above the 35 NEF/NEP contour, development, redevelopment or infilling which increases the number of dwelling units, and development, redevelopment and infill for new sensitive land uses, specifically hospitals, nursing homes, daycare facilities and public and private schools;

ii) Define the areas to which the exceptions would apply; and

iii) Require that MOE acoustical design standards be met.


FIGURE 13 - PEEL REGION WITHIN THE GREATER TORONTO AREA (REGIONAL FIGURE 1)


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FIGURE 14 - SCHEDULE D: REGIONAL STRUCTURE


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FIGURE 15 - SCHEDULE H: LESTER B. PEARSON INTERNATIONAL AIRPORT OPERATING AREA


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FIGURE 16 - L.B.P.I.A. OPERATING AREA (REGIONAL FIGURE 11)


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FIGURE 17 - AIRCRAFT NOISE EXPOSURE COMPOSITE CONTOURS (LESTER B. PEARSON INTERNATIONAL AIRPORT)


10.4 REGION OF PEEL - OPTIMUM DAY CARE FACILITY SIZE Regional Staff provide the following optimum physical Day Care space/area requirements per child for consideration:

• With respect to the Ministry of Children & Youth Services requirements, the

Province has set a minimum gross floor area standard of 30 sq. ft. (2.8 sq. m) per child (indoor). The Region of Peel prefers an optimum standard of 35 sq. ft. (3.25 sq. m) per child (indoor).

• Adding and additional 10 sq. ft. (0.9 sq. m) for ancillary use, i.e. washrooms,

kitchen, reception, staff offices.

• The Province has set a minimum gross floor area standard of 60 sq. ft. (5.6 sq. m) per child (outdoor).

• Therefore on average a daycare facility should have about 100 sq. ft. (9.29 sq. m)

per child combined. Region Staff also advise the following regarding optimum daycare functional size and number of children:

• The Region advises that a facility should be designed to accommodate ideally 64 children, with 72 children providing the best overall model in terms of providing optimum services to children and achieving profitability.

• This model on based on the following optimum ratios:

Min. Number of Children Group Staffing Ratio Requirements 16 children Toddlers 5 to 1

24 children Pre-School 8 to 1 In summary the foregoing data results in daycare facilities having an optimum size of about 3,000 sq. ft (indoor) and 4,300 sq. ft. (outdoor playground) for a total facility of about 7,300 sq. ft. Material type and location in the design and placement of the playground is important and can used to achieve noise attenuation. The Region is supportive of noise attenuation in terms of outdoor Day Care facilities.


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10.5 PROPOSED AMENDMENT TO REGION OF PEEL OFFICIAL PLAN On May 25, 2004, and in order to implement the objectives as set out above, Mr. Leo Longo of Aird & Berlis, representing Orlando Corporation, filed an application to amend the Region of Peel Official Plan (ROP), to allow certain land use permissions for lands within the Gateway District Node, below 35 NEF, which are located within the Lester B. Pearson International Airport (‘LBPIA’) Operating Area. This Official Plan Amendment application is referenced as Regional File No. ROPA 04:002. Based on review of the existing Region of Peel Official Plan policies, permission is requested to locate Child Care Centres, such as Day Care facilities as an accessory use in the Gateway District Node below the 35 NEF noise contour. A successful application would require Mississauga Plan and the implementing Zoning By-law to be updated in conformity with the Region of Peel Official Plan. Appendix ‘J’ contains a copy of our proposed amendment to the Region of Peel Official Plan.


11.0 MISSISSAUGA PLAN OPA No. 25 & ZONING BY-LAW NO. 0225-2007 Amendment No. 25 to Mississauga Plan was all approved on September 10, 2007, per Ontario Municipal Board Order No. 2622, issued October 1, 2007, subject to certain appeals. The City of Mississauga comprehensive Zoning Bylaw No. 0225-2007 was enacted and passed on the 20th day of June, 2007. Orlando Corporation, through its Solicitor, Aird & Berlis appealed components of OPA No. 25 and the new Zoning By-law as it relates to the matters concerning Day Care permissions in the Gateway District Node. The appeal is referenced as Appeal No. 3, OMB File Nos. O070098 & R070126. 11.1 MISSISSAUGA STRATEGIC PLAN Ten vision statements of the City of Mississauga are set out in the City’s Strategic Plan 2000 for the New Millennium to respond to the challenges and growth realized by the City. Objectives and strategic actions are set out therein, among other matters, promoting competitive advantage for business, attracting new business and retaining current business, by offering good growth prospects and the provision of high-quality jobs. As part of the City’s Strategic Plan, Mississauga Plan sets out Goals and Objectives, as well, that establish the general direction of planning and development in the City, and a framework of ideals that the City strives to achieve.

A City of Mississauga Economic Development objective is to retain and improve business investment in the City. The above image on display at LBPIA demonstrates this effort. The relationship of the LPBIA and the Business community is clearly presented in the message on display at the airport. To achieve the City's business/labour force objectives, the Airport needs the business community and the business community needs the Airport.


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11.2 MISSISSAUGA PLAN: RECOGNIZING THE IMPORTANCE OF COMMUNITY USES

The purpose of Mississauga Plan is to provide a framework for the orderly planning and development of the City of Mississauga in conformity with the requirements of the Region of Peel and ultimately the Province of Ontario. The City of Mississauga has been successful in achieving long term population and employment objectives over the past twenty-five years, and continues to be a net importer of labour as set out in Official Plan documents in the past. While achieving economic objectives, the City is also committed to providing services and facilities to continue to support the population living and working in the City. Work-place oriented Child Care Centres, such as Day Care facilities continue to emerge as important Community Uses in Employment Nodes that serve the needs of working families of the City of Mississauga. Mississauga Plan establishes Goals and Objectives providing the general direction of planning and development in the City. The City’s Goals and Objectives, as outlined therein establish a framework of ideals that the City strives to achieve. Please consider the following: 2.2 URBAN FORM AND COMMUNITY IDENTITY 2.2.1.4. Mississauga will strengthen the identity of the City, appropriate to its role as a regional centre within the GTA. 2.2.2 Objectives

2.2.2.5. To develop and locate Nodes, within the context of urban form hierarchy of Centres, Nodes and Corridors, with a greater intensity of housing, employment, commercial, and community facilities that are accessible and provide a focus for the people they serve.

2.3 POPULATION AND EMPLOYMENT 2.3.2. Objectives 2.3.2.1. To continue to be a net importer of labour. 2.3.2.2. To increase office employment.

2.3.2.3. To encourage the provision of appropriate services, facilities and housing, that support the population living and working in Mississauga.

2.3.2.4. To accommodate changing conditions for development and employment

needs.


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2.3.2.5 To facilitate the operation and expansion of existing businesses permitted by this plan.

2.3.2.6 To provide for a wide range of employment activities including

industrial, office and limited accessory commercial uses. 2.5 COMMUNITY USES 2.5.1. Goal

2.5.1.1. Mississauga will provide opportunities to meet the civic, cultural, educational, recreational, religious, social, and emergency service needs of the residents, employees, and the traveling public, in co-operation with the appropriate public and private agencies and other levels of government.

2.5.2 Objectives

2.5.2.2. To assist other levels of government and public and private agencies to

provide sufficient locations for other community uses, such as schools, places of religious assembly, and day care facilities, consistent with changing needs.

For review of all policies please refer to Mississauga Plan, 2007. Mississauga Plan protects for Community Uses, and under Goals and Objectives recognizing that working and living areas require sufficient locations for Community Uses, such as Day Care facilities. Well-located Community Uses support the planning and development of the City and provide options to working families. Urban Form and Community Identity as per Mississauga Plan, Goals and Objectives identify Employment Nodes, such as the Gateway District Node, as defined areas that will contain a greater intensity of employment, commercial and community facilities, privately and publicly accessible to the people working in these areas (See Figure 18).


FIGURE 18 – MISSISSAUGA PLAN, SCHEDULE 2, URBAN FORM CONCEPT


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11.2.1 NODES ARE TO BE TRANSIT ORIEINTED WITH A VARIETY & CONCENTRATION OF LAND USES

Mississauga Plan policies are designed to achieve a variety and concentration of land uses in Nodes. The Gateway District Node functions as an Employment Node, without residential land uses, and the planned function of this and other nodes is as follows: 3.13.1 Policies 3.13.1.2. City Centre, Nodes and Corridors, reflective of the urban form hierarchy will

accommodate a greater variety and concentration of uses than their surrounding areas and will;

a. act as a focus for more compact, mixed use and higher intensity transit

oriented development;

b. provide a community focus and identity;

c. maximize the use of existing infrastructure;

d. provide access for more people to a wider variety of community and commercial services and facilities, and employment opportunities;

e. protect the stability of existing neighbourhoods;

f. enhance the use of transit, walking and cycling.

3.13.1.3. City Centre, Nodes and Corridors, reflective of the urban form hierarchy, will

be served by transportation corridors containing roads and transit, and containing roads and transit, and may contain rapid transit and Bus Rapid Transit facilities.

3.13.3 Nodes 3.13.3.1 Nodes will act as a focus of activity for the surrounding areas at locations

which are afforded good accessibility, visibility and a relatively high level of existing and potential transit service.

3.13.3.2 A high quality, compact and urban built form will be encouraged to reduce

the impact of extensive parking areas, enhance pedestrian circulation for all, including those with disabilities, complement adjacent uses, and distinguish the significance of the Nodes from surrounding areas.

3.13.3.3 Pedestrian movement and access for all, including those with disabilities, from

major transit routes should be a priority in Nodes.


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Furthermore, Nodes are based on design principles that encourage high quality urban design, distinctive architecture, landscaping and pedestrian activity. It is a principle that “…employment density should be sufficiently high to support transit usage”. As well, “community, cultural, and recreational facilities should be encouraged to locate in Nodes.” 11.2.2 THE GATEWAY DISTRICT NODE & BUSINESS EMPLOYMENT The Gateway District Node, located in north-central Mississauga, while planned as a major Employment Node per Mississauga Plan, has not yet matured in a land use planning context. Mississauga City Staff advise through Corporate Report CD.15.EMP, concerning the Employment Lands Review – Mississauga Plan Review, date June 3, 2008 that;

‘Nearly all of the City’s employment land supply is developed. Of the approximately 6,480 ha. (16,000 ac.) of supply, 85% is occupied. While the remaining area of land – almost 1,000 ha. (2,470 ac.) – appears large, only a small portion is readily available for development.’

City Staff advise that as a result; ‘The vacant employment land supply should be protected and the long term vacant lands should not be converted.’ As the City is maturing into a more urban community as a whole, city-wide employment land policies need to be recognized as follows:

• community uses in employment areas are often a sound creative reuse of existing buildings but policies that direct, restrict or concentrate institutional uses to minimize disruption of or destabilization of industrial type users and ensure community uses are well planned with respect to parking and integration with surrounding areas, are needed;

The Gateway District Plan includes the following development concept: Under section 4.15.2 of the Gateway District Policies it is noted that, “The District Policies are intended to encourage prestige business employment development, accommodate a mix of manufacturing, research and development, office and commercial uses, as well as specific commercial development in certain areas along Hurontario Street.” Highway 401, the nation’s most traveled highway, generally bi-sects the Gateway District Node from east to west. Hurontario Street, the City’s main north-south arterial thoroughfare, also generally bi-sects the Gateway District Node, from north to south. Given this central location and superior access opportunities, the City has long aspired to achieve high quality business employment uses at this location contributing to an urban corridor comprised of dense urban form within the Gateway District Node. Existing and future public transit opportunities along Hurontario Street serve emerging high density


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residential built forms to the south, closer to the City Centre, and existing and future business employment opportunities planned in the Gateway District Node, to the north. According to the City’s 2004 Employment Profile, released in December 2004, the Gateway District in its entirety provides employment for 50,500 comprised of 1,610 businesses, where the Gateway District Node itself provides more concentration and significant employment levels. Mississauga Growth Forecasts include the following: Gateway District Mid-2003 Mid-2021 Major Office Employment 9,530 18,360 Population related Employment 5,050 5,720 Employment Land Employment 36,960 46,670 Total Employment 51,540 70,750 In general terms of Employment densities, the City advises that the “Employment Districts north of Highway 403 have higher gross employment density ranges…” Employment estimates/forecasts by the City vary. 11.2.3 MISSISSAUGA PLAN: AIRPORT POLICIES Mississauga Plan identifies Lester B. Pearson International Airport (LBPIA) as Airport on the Schedule 2, Urban Form Concept. The Plan recognizes per Section 3.11.1.1. that “…the impacts of LBPIA operations, particularly noise, extend far beyond its geographic boundaries. This is a permanent circumstance which this Plan acknowledges.” See Figures 19 and 20. Among other policies in Airport Policies, Section 3.11.1.2 reads as follows:

“Because of the economic importance of LBPIA to the City of Mississauga, Region of Peel, and the Province of Ontario, development should be either complementary or compatible with airport operations and allow the airport to function at maximum efficiency to achieve full economic potential having regard for:

a. existing and future industry; b. business and employment opportunities; c. the interests of existing and future residents;

Please also consider Section 3.11.2. Aircraft Noise; “There are areas of Mississauga which are subject to high levels of aircraft noise. As a result, policies are required which set out the restrictions on development within those areas subject to high levels of aircraft noise.


FIGURE 19 - LESTER B. PEARSON INTERNATIONAL AIRPORT OPERATING AREA (APPENDIX 1)


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FIGURE 20 – 1996 NEP/2000 NEF COMPOSITE NOISE CONTOURS (APPENDIX J)


These policies are based on no major second airport being built in the GTA in the foreseeable future.

With respect to the matter of Permitted Uses, Business Employment, please refer to the following Section 3. General Policies;

3.11.2.1.6 New development and redevelopment or infilling for hospitals, nursing homes, daycare facilities and public and private schools, day care facilities, hospitals and nursing homes will not be permitted as principal or as accessory use within the LBPIA Operating Area.

With respect to the matter of Day Care facilities please refer to the following Section 3.11.2.1.7 which has been appealed to the Ontario Municipal Board;

3.11.2.1.7 Notwithstanding 3.11.2.1.6. above, redevelopment or infilling for hospitals, nursing homes, daycare facilities, and public and private schools within the Malton, Meadowvale Village, East Credit Districts, may be permitted inside the LBPIA Operating Area on an individual basis below the 35 NEP/NEF composite contour.

In addition it is noted that a noise study is required in accordance with Provincial Government policy to the satisfaction of the City per Section 3.11.2.1.8 as follows:

For residential land uses, passive use parks, public and private schools, day care facilities, libraries, places of religious assembly, theatres, auditoria, hospitals, and nursing homes, affected by an NEP/NEF of 25 or greater, as shown on Appendix J: 1996 NEP/NEF Composite Noise Contours, and if otherwise permitted by this Plan, a noise study will be undertaken by a qualified acoustical consultant in accordance with Provincial Government policy to the satisfaction of the City prior to development approval to determine appropriate acoustic design criteria.

And, because playgrounds are typically a component of Day Care facilities we reference Section 3.11.2.1.9, where a noise study is also required in accordance with Provincial Government policy to the satisfaction of the City as follows:

For hotels, motels, retail or service commercial uses, office uses, athletic fields, playgrounds, or outdoor swimming pools affected by an NEP/NEF of 30 or greater, as shown on Appendix J: 1996 NEP/NEF Composite Noise Contours, and if otherwise permitted by this Plan, a noise study will be undertaken by a qualified acoustical consultant in accordance with Provincial Government policy to the satisfaction of the City prior to development approval to determine appropriate acoustic design criteria.

Reference is also made to Section 3.11.2.1.11 which reads as follows;


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For the purposes of the Section, redevelopment means an application for approval under the Planning Act for:

a. the creation of (1) or more new lots; b. the creation of one (1) or more new dwelling units; c. a change in land use; or d. the construction of buildings or structures.

and where the subject lands have or previously had one (1) or more buildings erected thereon.

Reference is also made to Section 3.11.2.1.12 which reads as follows;

For the purposes of the Section, infilling mean an application for approval under the Planning Act for:

a. the creation of (1) or more new lots; b. the creation of one (1) or more new dwelling units; c. a change in land use; or d. the construction of buildings or structures.

and where the subject lands comprise less than two (2) ha and the lands have no buildings erected thereon and are located in an area having existing uses of the same or similar character as the used proposed.

11.2.4 MISSISSAUGA PLAN & ZONING EXCLUDE COMMUNITY USES

FROM THE GATEWAY DISTRICT & GATEWAY DISTRICT NODE Approved City of Mississauga Official Plan Amendment No. 125 (October 2002) is reflected in Mississauga Plan, where Community Uses are excluded from the Gateway District, which is entirely located within the LBPIA Operating Area. Zoning By-law No. 0448-2002 implements OPA No. 125. (See Figure 21). At the time of the processing of OPA No. 125, Orlando Corporation was not aware of the processing of OPA No. 125, and did not participate and did not appeal the matter to the Ontario Municipal Board.


FIGURE 21 - SCHEDULE ‘I’ TO SECTION 22Q PER ZONING BY-LAW 0448-2002


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OPA No. 125 has been subsequently updated to the current version of Mississauga Plan and is reflected in Section 3.3 Business Employment Permitted Uses and Section 3.19, Community Uses General Policies as follows:

3.3.1.1. e. community uses, provided that public and private schools, day care facilities, hospitals and nursing homes will not be permitted as a principal or accessory use within the LPBIA Operating Area;

Furthermore, the Community Uses policy 3.19.2.1. reads as follows:

“Community uses are permitted in all land use designations, except Greenbelt. Notwithstanding the foregoing, development, infilling and redevelopment for public and private schools, day care facilities and hospitals will not be permitted as a principal or accessory use within the LBPIA Operating Area except for those parts of the East Credit, Malton and Meadowvale Village Districts within the LBPIA Operating Area below the 35 NEP/NEF noise contour, subject to the aircraft noise policies of this Plan.”

In summary, although Community Uses are permitted primarily in all land use designations, the current planning policy regime prohibits development, redevelopment and infilling of Community Uses, which would include Day Care facilities, in the employment based Gateway District, and therefore the Gateway District Node central to the employment area in the north central part of the City. Therefore, on this basis Day Care services levels would need to be fulfilled elsewhere, which would be further away from major office employment density; potentially increasing trips and travel time. It is our opinion that work-place oriented accessory use Day Care facilities are required and they are best located close to major office employment uses within the Gateway District Node, geographically central and part of a Node, which is part of an Intensification Corridor. The Gateway District Node is a major central employment node planned for mixed use and higher employment densities and is also highly accessible and well served by public transit. Future growth and employment service level opportunities will benefit by the availability of accessory use Day Care facilities. 11.3 ACCESSORY USE: MISSISSAUGA PLAN & ZONING BY-LAW Mississauga Plan defines Accessory Uses under section 3.3.2.5. “All accessory uses should be on the same lot and clearly subordinate to and directly related to the functioning of the permitted use.” Mississauga’s comprehensive Zoning By-law No. 0225-2007 defines ‘Accessory Use’, “means a use that is naturally and normally incidental, subordinate and exclusively devoted to and is located on the same lot as the principal use.” It should be noted that the virtual scale of a Day Care facility, relative to the primary form of major office building within the Gateway District Node, clearly demonstrates an


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Download - 10.0 REGION OF PEEL PLANNING POLICIES · Mississauga. The City of Mississauga’s Official Plan (Mississauga Plan) must conform to the Region of Peel Official Plan policies, and both

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