ISSUE DATE: July 30, 2024
CASE NO(S).: OLT-22-004125
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Augend 189 Dundas West Village Properties Ltd. c/o Augend Investments Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Reference Number: OZ/OPA 21 9
Property Address: 189 Dundas Street West
Municipality/UT: Mississauga/Peel
OLT Case No: OLT-22-004125
OLT Lead Case No: OLT-22-004125
OLT Case Name: Augend 189 Dundas West Village Properties Ltd. v Mississauga (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Reference Number: OZ/OPA 21 9
Property Address: 189 Dundas Street West
Municipality/UT: Mississauga/Peel
OLT Case No: OLT-22-004126
OLT Lead Case No: OLT-22-004125
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Augend 189 Dundas West Village Properties Ltd.
Subject: Request to amend the Official Plan – Refusal of request
Reference Number: OZ/OPA 21-9 W7
Property Address: (Various Addresses) (189 Dundas Street West and 3061 Parkerhill Road)
Municipality/UT: Mississauga/Peel
OLT Case No: OLT-23-000172
2 OLT-22-004125
OLT Lead Case No: OLT-22-004125
OLT Case Name: Augend 189 Dundas West Village Properties Ltd. v Mississauga (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal of application
Reference Number: OZ/OPA 21-9 W7
Property Address: (Various Addresses) (189 Dundas Street West 3061 Parkerhill Road)
Municipality/UT: Mississauga/Peel
OLT Case No: OLT-23-000173
OLT Lead Case No: OLT-22-004125
BEFORE:
S. GOPIKRISHNA, MEMBER STEVEN T. MASTORAS, MEMBER
Tuesday, the 30th day of July, 2024
ORDER
THESE MATTERS HAVING COME BEFORE THE TRIBUNAL and the Tribunal’s Interim Decision dated January 19, 2024 having withheld the issuance of its Final Order on the Official Plan Amendment and the Zoning By-law Amendment contingent upon confirmation of the City Solicitor of the pre-requisite matters included in paragraph 33 (3) of the Decision;
AND THE TRIBUNAL having been advised that the pre-requisite matters in paragraph 33 (3) of the Decision have been completed;
The TRIBUNAL ORDERS that the appeals are allowed and the final Official Plan Amendment (Attachment 1) and draft Zoning By-law Amendment (Attachment 2) are attached to the Order
3 OLT-22-004125
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
Ontario Land Tribunal
Website: www.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.
ATTACHMENT 1
Amendment No. 168 to
Mississauga Official Plan
Amendment No. 168 to
Mississauga Official Plan
The following text and Map "A" attached constitute Amendment No. 168.
PURPOSE
The purpose of this Amendment is to change the land use designation on a portion of the subject lands from Residential Low Density I to Residential High Density and to add a Special Site policy.
LOCATION
The lands affected by this Amendment are located on the north side of Dundas Street West, east of Parkerhill Road and west of Confederation Parkway with one contiguous lot that has frontage on Parkerhill Road. The subject lands are located in the Cooksville Neighbourhood Character Area, as identified in Mississauga Official Plan.
BASIS
Mississauga Official Plan came into effect on November 14, 2012, save and except for the outstanding site specific appeals to the Ontario Land Tribunal.
The subject lands are designated Residential Low Density I which permits detached dwellings, semi-detached dwellings and duplexes, and Residential High Density which permits apartment dwellings and some convenience commercial uses at grade.
An Official Plan Amendment is required to change the land use designation on a portion of the subject lands from Residential Low Density I to Residential High Density and to add a Special Site to permit the increased building heights and floor space index.
DETAILS OF THE AMENDMENT AND POLICIES RELATIVE THERETO
Section 16.6, Cooksville Neighbourhood Character Area, of Mississauga Official Plan, is hereby amended by adding Special Site 11 on Map 16-6: Cooksville Neighbourhood Area in accordance with the changes to the Special Site Policies and by removing the floor space index (FSI) range from the subject site.
Section 16.6.5, Special Site Policies, Cooksville Neighbourhood Character Area, of Mississauga Official Plan, is hereby amended by adding the following:
16.6.5.11 Site 11
16.6.5.11.1 The lands identified as Special Site 11 are located on the north side of Dundas Street West, east of Parkerhill Road and west of Confederation Parkway with one contiguous lot that has frontage on Parkerhill Road.
16.6.5.11.2 Notwithstanding the policies of this Plan, an apartment dwelling with a maximum height of 25 storeys and a maximum floor space index (FSI) of 3.8 will be permitted.
- Schedule 10, Land Use Designations, of Mississauga Official Plan, is hereby amended by changing the land use of the subject lands from Residential Low Density I to Residential High Density, as shown on Map "A" of this Amendment.
IMPLEMENTATION
Upon receipt of the Ontario Land Tribunal's Final Order, Mississauga Official Plan will be amended in accordance with the Order.
The lands will be rezoned as part of the same Tribunal Order.
This Amendment has been prepared based on the Office Consolidation of Mississauga Official Plan dated March 4, 2024.
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/oz-opa 21-9 w7.mopa 168 olt.ad.jmcc.docx
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LAND USE DESIGNATIONS
D Residential Low Density I D Business Employment
D Residential Low Density II - Industrial
Residential Medium Density D Airport
Residential High Density D Institutional
Mixed Use - Public Open Space
iT7
0
iT7
CL ::::0
Convenience Commercial
Motor Vehicle Commercial
D Office
- Private Open Space
D Greenlands
D Parkway Belt West C]Utility
SALMONA
0
CL
LJJ
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BASE MAP INFORMATION
■■■Heritage Conservation District M Civic Centre (City Hall)
City CentreTransit Terminal
=GO Rail Transit Station
1111 LBPIA Operating Area Boundary 6 Public School
See Aircraft Noise Policies • Catholic School
l?ZJ t if AE() a\t n;_rea Hospital
Natural Hazards CD Community Facilities
City Structure
!!!!!I Downtown
Iii! Major Node
Community Node
D Neighbourhood
Corporate Centre
Employment Area
C:J Special Purpose Area
D AREA OF AMENDMENT
DUNDAS
FROM:
D RESIDENTIAL LOW DENSITY I
TO:
EXISTING LAND USE DESIGNATION
AMENDED LAND USE DESIGNATION
MAP 'A'
Part of Schedule 10 Land Use Designations
of Mississauga Official Plan
MISSISSauGa
breric l:\cadd\Projects\Archived Projects\2021\ReportMaps\217134 OZ OPA 21_009 W7_RPnVector\Jan2024\21009 - Existing and Proposed Laoduse.dgn
ATTACHMENT 2
ONTARIO LAND TRIBUNAL OLT Lead Case No. OLT-22-004125
ORDER DATED OLT Case No. OLT-22-004126
Augend 189 Dundas West Village Properties c/o Augend Investments Ltd.
- By-law Number 0225-2007, as amended, being a City of Mississauga Zoning By-law, is amended by adding the following Exception Table:
4.15.6.63
Exception: RA5-63
Map # 22
By-law:
In a RA5-63 zone the permitted uses and applicable regulations shall be as specified for a RA5 zone except that the following uses/regulations shall apply:
Additional Permitted Uses
4.15.6.63.1
(1) Restaurant
(2) Take-out Restaurant
(3) Veterinary Clinic
(4) Medical Office
(5) Townhouse
Regulations
4.15.6.63.2
The provisions contained in Subsections 2.1.14 and 2.1.30 and the regulations of Lines 6.0 and 15.2 contained in Table 4.15.1 shall not apply
4.15.6.63.3
Uses contained in Sentence 4.15.6.63.1 of this Exception shall not be permitted above the first storey
4.15.6.63.4
The uses contained in Sentence 4.15.6.63.1 of this Exception shall only be located within a building, structure or part thereof, used for an apartment
4.15.6.63.5
Maximum floor space index - apartment zone
3.8
4.15.6.63.6
Maximum gross floor area - apartment zone per storey for each storey above 15 storeys
1 000 m2
Page 1 of 6
4.15.6.63
Exception: RA5-63
Map # 22
By-law:
4.15.6.63.7
Notwithstanding Sentence 4.15.6.63.13 of this Exception, maximum encroachment of a balcony located above the first storey, sunroom, window, chimney, pilaster, cornice, balustrade or roof eaves into a required yard
2.0 m
4.15.6.63.8
Notwithstanding Sentence 4.15.6.63.13 of this Exception, maximum projection of a balcony located above the first storey measured from the outermost face or faces of the building from which the balcony projects
2.0 m
4.15.6.63.9
Minimum number of resident parking spaces per condominium apartment dwelling unit
0.9
4.15.6.63.10
Minimum number of visitor and non-residential parking spaces per condominium apartment dwelling unit
0.18
4.15.6.63.11
Minimum landscaped area
35% of the lot area
4.15.6.63.12
Minimum amenity area
4.0 m2 per dwelling unit
4.15.6.63.13
All site development plans shall comply with Schedule RA5-63 of this Exception
Holding Provision
The holding symbol H is to be removed from the whole or any part of the lands zoned H-RA5-63 by further amendment to Map 22 of Schedule B contained in Part 13 of this By-law, as amended, upon satisfaction of the following requirements:
(1) delivery of an executed Development Agreement in a form and on terms satisfactory to The Corporation of the City of Mississauga ("City");
(2) receipt of a current O. Reg. 153/04 Phase One Environmental Site Assessment (that includes both 189 Dundas Street West and 3061 Parkerhill Road) along with a Reliance Letter to the satisfaction of the City's Transportation and Works Department;
Page 2 of 6
4.15.6.63
Exception: RA5-63
Map # 22
By-law:
Holding Provision (continued)
(3) receipt of a completed Storm Sewer Use By-law Acknowledgement form to the satisfaction of the City's Transportation and Works Department;
(4) receipt of a letter certified by a qualified person, stating that land to be dedicated to the City is environmentally suitable for the proposed use to the satisfaction of the City's Transportation and Works Department;
(5) receipt of a signed letter by a qualified professional regarding the decommissioning of wells, oil water separator and aboveground storage tanks to the satisfaction of the City's Transportation and Works Department;
(6) receipt of a revised Traffic Impact Study to the satisfaction of the City's Transportation and Works Department;
(7) land dedication to achieve the ultimate 42.0 m right-of-way widening along Dundas Street West to the satisfaction of the City's Transportation and Works Department;
(8) confirmation from the City that it has secured public vehicular and pedestrian access over the abutting lands to the east to Confederation Parkway which also provides for an access connection for Building 'C' to Confederation Parkway. In the event that the access to Confederation Parkway has not been secured by the City at the time when the Owner seeks to remove the "H" holding provision from Building 'C', the owner may proceed to provide access for Building 'C' onto Dundas Street West, and this condition shall be deemed to be satisfied by such access to Dundas Street West;
(9) receipt of a revised Functional Servicing and Stormwater Management Report to the satisfaction of the City's Transportation and Works Department;
(10) receipt of written confirmation verifying that the required groundwater treatment is achievable and can be maintained throughout the life of the building to the satisfaction of the City's Transportation and Works Department;
(11) receipt of a Quantitative Wind Study to the satisfaction of the City's Planning and Building Department.
Page 3 of 6
Map Number 22 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 "R3" and "RA1-40" to "H-RA5-63", the zoning of Part of Lot 17, Concession 1, North of Dundas Street, in the City of Mississauga, PROVIDED HOWEVER THAT the "H-RA5-63" zoning shall only apply to the lands which are shown on the attached Schedule "A", which is deemed to be an integral part of this By-law, outlined in the heaviest broken line with the "H-RA5-63" zoning indicated thereon.
This By-law shall not come into force until Mississauga Official Plan Amendment Number 168 is in full force and effect.
http://teamsites.mississauga.ca/sites/18/Bylaws/OZ-OPA 21-9 W7.by-law OLT.ad.jmcc.docx
Page 4 of 6
l:\cadd\Projects\Archived Projects\2021\ReportMaps\217134 OZ OPA 21_009 W7_RPT\Vector\Jan2024\21009 - Schedule A.dgn
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D PARKING PRECINCT BOUNDARY 12-# INCLUSIONARY ZONING AREA s... INCLUSIONARY ZONING OVERLAY
0---- ARROW FOR EXISTING ZONING
This is not a Plan of Survey. Dimensions shown taken from Survey prepared by Tarasick McMillan Kubicki Limited (OLS) dated November 11, 2020.
CITY OF MISSISSAUGA
THIS IS SCHEDULE "A" TO
OLT ORDER DATED OLT LEAD CASE NO. OLT-22-004125 OLT CASE NO. OLT-22-004126
Z-22 B.R. OZ OPA 21-9 W7
l:\cadd\Projects\ReportMaps\217134 oz OPA 21_009 W7_RPT\Vector\Jan2024\21009 - Exception schedule.dgn
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DUNDAS STREET WEST
Note:
All measurements are in metres and are minimum setbacks or dimensions, unless otherwise noted.
This is not a Plan of Survey.
CJ BUILDABLE AREA ZONE BOUNDARY
LIMIT OF UNDERGROUND
THIS IS SCHEDULE "RAS-63" TO
OLT ORDER DATED
PARKING
OLT LEAD CASE NO. OLT CASE NO.
OLT-22-004125 OLT-22-004126
Z-22 B.R. OZ OPA 21-9 W7
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LAND USE DESIGNATIONS
D Residential Low Density I D Business Employment
D Residential Low Density II - Industrial
Residential Medium Density D Airport
Residential High Density D Institutional
Mixed Use - Public Open Space
iT7
0
iT7
CL ::::0
Convenience Commercial
Motor Vehicle Commercial
D Office
- Private Open Space
D Greenlands
D Parkway Belt West C]Utility
SALMONA
0
CL
LJJ
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--- j
-z
BASE MAP INFORMATION
■■■Heritage Conservation District M Civic Centre (City Hall)
City CentreTransit Terminal
=GO Rail Transit Station
1111 LBPIA Operating Area Boundary 6 Public School
See Aircraft Noise Policies • Catholic School
l?ZJ t if AE() a\t n;_rea Hospital
Natural Hazards CD Community Facilities
City Structure
!!!!!I Downtown
Iii! Major Node
Community Node
D Neighbourhood
Corporate Centre
Employment Area
C:J Special Purpose Area
D AREA OF AMENDMENT
DUNDAS
FROM:
D RESIDENTIAL LOW DENSITY I
TO:
EXISTING LAND USE DESIGNATION
AMENDED LAND USE DESIGNATION
MAP 'A'
Part of Schedule 10 Land Use Designations
of Mississauga Official Plan
MISSISSauGa
breric l:\cadd\Projects\Archived Projects\2021\ReportMaps\217134 OZ OPA 21_009 W7_RPnVector\Jan2024\21009 - Existing and Proposed Laoduse.dgn
ATTACHMENT 2
ONTARIO LAND TRIBUNAL OLT Lead Case No. OLT-22-004125
ORDER DATED OLT Case No. OLT-22-004126
Augend 189 Dundas West Village Properties c/o Augend Investments Ltd.
- By-law Number 0225-2007, as amended, being a City of Mississauga Zoning By-law, is amended by adding the following Exception Table:
4.15.6.63
Exception: RA5-63
Map # 22
By-law:
In a RA5-63 zone the permitted uses and applicable regulations shall be as specified for a RA5 zone except that the following uses/regulations shall apply:
Additional Permitted Uses
4.15.6.63.1
(1) Restaurant (2) Take-out Restaurant (3) Veterinary Clinic (4) Medical Office (5) Townhouse
Regulations
4.15.6.63.2
The provisions contained in Subsections 2.1.14 and 2.1.30 and the regulations of Lines 6.0 and 15.2 contained in Table 4.15.1 shall not apply
4.15.6.63.3
Uses contained in Sentence 4.15.6.63.1 of this Exception shall not be permitted above the first storey
4.15.6.63.4
The uses contained in Sentence 4.15.6.63.1 of this Exception shall only be located within a building, structure or part thereof, used for an apartment
4.15.6.63.5
Maximum floor space index - apartment zone
3.8
4.15.6.63.6
Maximum gross floor area - apartment zone per storey for each storey above 15 storeys
1 000 m2
Page 1 of 6
4.15.6.63
Exception: RA5-63
Map # 22
By-law:
4.15.6.63.7
Notwithstanding Sentence 4.15.6.63.13 of this Exception, maximum encroachment of a balcony located above the first storey, sunroom, window, chimney, pilaster, cornice, balustrade or roof eaves into a required yard
2.0 m
4.15.6.63.8
Notwithstanding Sentence 4.15.6.63.13 of this Exception, maximum projection of a balcony located above the first storey measured from the outermost face or faces of the building from which the balcony projects
2.0 m
4.15.6.63.9
Minimum number of resident parking spaces per condominium apartment dwelling unit
0.9
4.15.6.63.10
Minimum number of visitor and non-residential parking spaces per condominium apartment dwelling unit
0.18
4.15.6.63.11
Minimum landscaped area
35% of the lot area
4.15.6.63.12
Minimum amenity area
4.0 m2 per dwelling unit
4.15.6.63.13
All site development plans shall comply with Schedule RA5-63 of this Exception
Holding Provision
The holding symbol H is to be removed from the whole or any part of the lands zoned H-RA5-63 by further amendment to Map 22 of Schedule B contained in Part 13 of this By-law, as amended, upon satisfaction of the following requirements:
(1) delivery of an executed Development Agreement in a form and on terms satisfactory to The Corporation of the City of Mississauga ("City");
(2) receipt of a current O. Reg. 153/04 Phase One Environmental Site Assessment (that includes both 189 Dundas Street West and 3061 Parkerhill Road) along with a Reliance Letter to the satisfaction of the City's Transportation and Works Department;
Page 2 of 6
4.15.6.63
Exception: RA5-63
Map # 22
By-law:
Holding Provision (continued)
(3) receipt of a completed Storm Sewer Use By-law Acknowledgement form to the satisfaction of the City's Transportation and Works Department;
(4) receipt of a letter certified by a qualified person, stating that land to be dedicated to the City is environmentally suitable for the proposed use to the satisfaction of the City's Transportation and Works Department;
(5) receipt of a signed letter by a qualified professional regarding the decommissioning of wells, oil water separator and aboveground storage tanks to the satisfaction of the City's Transportation and Works Department;
(6) receipt of a revised Traffic Impact Study to the satisfaction of the City's Transportation and Works Department;
(7) land dedication to achieve the ultimate 42.0 m right-of-way widening along Dundas Street West to the satisfaction of the City's Transportation and Works Department;
(8) confirmation from the City that it has secured public vehicular and pedestrian access over the abutting lands to the east to Confederation Parkway which also provides for an access connection for Building 'C' to Confederation Parkway. In the event that the access to Confederation Parkway has not been secured by the City at the time when the Owner seeks to remove the "H" holding provision from Building 'C', the owner may proceed to provide access for Building 'C' onto Dundas Street West, and this condition shall be deemed to be satisfied by such access to Dundas Street West;
(9) receipt of a revised Functional Servicing and Stormwater Management Report to the satisfaction of the City's Transportation and Works Department;
(10) receipt of written confirmation verifying that the required groundwater treatment is achievable and can be maintained throughout the life of the building to the satisfaction of the City's Transportation and Works Department;
(11) receipt of a Quantitative Wind Study to the satisfaction of the City's Planning and Building Department.
Page 3 of 6
Map Number 22 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 "R3" and "RA1-40" to "H-RA5-63", the zoning of Part of Lot 17, Concession 1, North of Dundas Street, in the City of Mississauga, PROVIDED HOWEVER THAT the "H-RA5-63" zoning shall only apply to the lands which are shown on the attached Schedule "A", which is deemed to be an integral part of this By-law, outlined in the heaviest broken line with the "H-RA5-63" zoning indicated thereon.
This By-law shall not come into force until Mississauga Official Plan Amendment Number 168 is in full force and effect.
http://teamsites.mississauga.ca/sites/18/Bylaws/OZ-OPA 21-9 W7.by-law OLT.ad.jmcc.docx
Page 4 of 6
l:\cadd\Projects\Archived Projects\2021\ReportMaps\217134 OZ OPA 21_009 W7_RPT\Vector\Jan2024\21009 - Schedule A.dgn
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0:::
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0 30 60 90
120
0::::
D PARKING PRECINCT BOUNDARY 12-# INCLUSIONARY ZONING AREA s... INCLUSIONARY ZONING OVERLAY
0---- ARROW FOR EXISTING ZONING
This is not a Plan of Survey. Dimensions shown taken from Survey prepared by Tarasick McMillan Kubicki Limited (OLS) dated November 11, 2020.
CITY OF MISSISSAUGA
THIS IS SCHEDULE "A" TO
OLT ORDER DATED OLT LEAD CASE NO. OLT-22-004125 OLT CASE NO. OLT-22-004126
Z-22 B.R. OZ OPA 21-9 W7
l:\cadd\Projects\ReportMaps\217134 oz OPA 21_009 W7_RPT\Vector\Jan2024\21009 - Exception schedule.dgn
I
r- r-
;o
0
DUNDAS STREET WEST
Note:
All measurements are in metres and are minimum setbacks or dimensions, unless otherwise noted.
This is not a Plan of Survey.
CJ BUILDABLE AREA ZONE BOUNDARY
LIMIT OF UNDERGROUND
THIS IS SCHEDULE "RAS-63" TO
OLT ORDER DATED
PARKING
OLT LEAD CASE NO. OLT CASE NO.
OLT-22-004125 OLT-22-004126
Z-22 B.R. OZ OPA 21-9 W7

