Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
March 18, 2024
CASE NO.:
OLT-23-000139
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Dunpar Developments Inc.
Subject:
By-law No. 0008-2023
Description:
to amend Mississauga Zoning By-law
Reference Number:
BL.09-CIT, Zoning By-law 0008-2023
Property Address:
City-wide
Municipality/UT:
City of Mississauga
OLT Case No.:
OLT-23-000139
OLT Lead Case No.:
OLT-23-000139
OLT Case Name:
Dunpar Developments Inc. v. Mississauga (City)
BEFORE:
W. DANIEL BEST
Monday, the 18th
MEMBER
day of March, 2024
THESE MATTERS having come before the Tribunal for a settlement hearing on January 12, 2024;
AND THE TRIBUNAL having directed the parties to submit a final form of the Zoning By-law amendment;
AND THE TRIBUNAL having received a final form of the Zoning By-law amendment on consent;
THE TRIBUNAL ORDERS that the Zoning By-law amendment attached hereto as Schedule “1” is in full force and effect.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
SCHEDULE 1
By‑law Number 0225‑2007, as amended, being a City of Mississauga Zoning By‑law, is amended by deleting the words "the area of void in a floor" from the definition of "Gross Floor Area (GFA) - Infill Residential" and substituting with the words "any void areas" in Section 1.2 as follows:
Gross Floor Area (GFA) - Infill Residential
means the sum of the areas of each storey of a building, including any void areas, above average grade, measured from the exterior of outside walls, including an attached garage and any part of the building, above and below grade, used for motor vehicle parking. (0174‑2017), (0208‑2022)
- By‑law Number 0225‑2007, as amended, is further amended by adding the following Definition to Section 1.2:
Void Area
means any conditioned empty space, above average grade, within a building, that has the potential to add additional gross floor area - infill residential without altering external dimensions.
- By‑law Number 0225‑2007, as amended, is further amended by adding the words "or CEC - road" to Article 2.1.3.1 contained in Subsection 2.1.3 as follows:
2.1.3.1 All lots shall have frontage on a street or CEC - road.
- By‑law Number 0225‑2007, as amended, is further amended by deleting the word "/or" from Cell A7.1 and adding Lines 7.9 and 7.10 to Table 4.10.1 contained in Subsection 4.10.1 as follows:
Column A
B
Line
1.0
ZONES
RM4
7.0
MINIMUM LOT LINE SETBACKS
7.1
From the front, side and~~/~~~~or~~ rear wall of a townhouse inclusive of stairs to a street line of a designated right‑of‑way 20.0 m or greater identified in Subsection 2.1.14 of this By‑law
7.5 m (1)
7.9
Notwithstanding the provisions contained in Table 4.1.2.2 of this By‑law, minimum setback of an accessory building or structure to a streetline
4.5 m
7.10
Notwithstanding the provisions contained in Table 4.1.2.2 of this By‑law, minimum setback of an accessory building or structure to an interior side lot line
2.5 m
- By‑law Number 0225‑2007, as amended, is further amended by deleting the words "lot with any" and adding the words "building to a" to Cells A9.3 and A9.4 in Table 4.14A.1 contained in Subsection 4.14A.1 as follows:
Column A
B
Line
1.0
ZONES
RM11
9.0
ENCROACHMENTS, PROJECTIONS AND INTERNAL SETBACKS
9.3
Minimum setback from a building to a side lot line abutting a CEC - road
4.5 m
9.4
Minimum setback from a building to a side lot line abutting a CEC - sidewalk
1.5 m
Sections 1 to 5 of this By‑law shall not apply to the following two properties at 2620 Chalkwell Close and 2155 Leanne Boulevard identified on the attached Appendices B1 and B2.
Section 12 and Line 12.8 contained in Section 13 of By-law 0008-2023 are hereby repealed.
The greyed-out text, identified in Sections 1, and 3 to 5 of this By-law, is for information purposes only and does not form part of the amendments contained in this By-law.
http://teamsites.mississauga.ca/sites/18/Bylaws/BL.09-CIT.0008-2023 settlement by-law.tj.jmcc.docx