Planning and Development Committee

Meeting #:

Date:

Monday, January 16, 2023

Time:

6:00 P.m. - 9:00 P.m.

Location:

Council Chambers, Civic Centre, 2nd Floor

300 City Centre Drive, Mississauga, Ontario, L5B 3C1

And Online Video Conference

Members

• Mayor Bonnie Crombie
• Councillor Stephen Dasko, Ward 1
• Councillor Alvin Tedjo, Ward 2
• Councillor Chris Fonseca, Ward 3 (Chair)
• Councillor John Kovac, Ward 4
• Councillor Carolyn Parrish, Ward 5
• Councillor Joe Horneck, Ward 6
• Councillor Dipika Damerla, Ward 7
• Councillor Matt Mahoney, Ward 8
• Councillor Martin Reid, Ward 9
• Councillor Sue McFadden, Ward 10
• Councillor Brad Butt, Ward 11

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1.

CALL TO ORDER

6:01 PM

2.

INDIGENOUS LAND STATEMENT

"We acknowledge the lands which constitute the present-day City of Mississauga as being part of the Treaty and Traditional Territory of the Mississaugas of the Credit First Nation, The Haudenosaunee Confederacy the Huron-Wendat and Wyandotte Nations. We recognize these peoples and their ancestors as peoples who inhabited these lands since time immemorial. The City of Mississauga is home to many global Indigenous Peoples.

As a municipality, the City of Mississauga is actively working towards reconciliation by confronting our past and our present, providing space for Indigenous peoples within their territory, to recognize and uphold their Treaty Rights and to support Indigenous Peoples. We formally recognize the Anishinaabe origins of our name and continue to make Mississauga a safe space for all Indigenous peoples."

3.

DECLARATION OF CONFLICT OF INTEREST

Nil

4.

MINUTES OF PREVIOUS MEETING

4.1

Planning and Development Committee Draft Minutes - December 5, 2022 at 1:30 PM

Approved (Councillor C. Parrish)

4.2

Planning and Development Committee Draft Minutes - December 5, 2022 at 6:00 PM

Approved (Councillor M. Mahoney)

5.

MATTERS TO BE CONSIDERED

Councillor C. Parrish requested to move Item 5.5 forward, to be considered first on the agenda before Item 5.1.

5.1

PUBLIC MEETING INFORMATION REPORT (WARD 7)

Official Plan Amendment and Rezoning applications to permit a 29 storey rental apartment. 
Address: 65-79 Agnes Street
Applicant: 65 Agnes Inc.
File: OZ/OPA 22-17 W7

This Item was considered after Item 5.5.

David Huynh, Bousfields Inc. & Dermot Sweeny, Sweeny and Co. provided an overview of the Official Plan Amendment and Rezoning applications.

The following person spoke:

1. Lindsay Davies, Resident enquired about the community node and intensification. Adam Lucas, Development Planner responded.

Committee Members engaged in discussion and enquired about purpose built rentals, parking, the mix of units, height, and market conditions. D. Sweeny responded to questions. Councillor D. Damerla noted her concerns were the impact on the existing community, such as shadows, parking etc.

• RECOMMENDATION PDC-0001-2023
  Moved By Councillor D. Damerla
  1. That the report dated December 23, 2022, from the Commissioner of Planning and Building regarding the applications by 65 Agnes Inc. to permit a 29 storey rental apartment, under File OZ/OPA 22-17 W7, 65-79 Agnes Street, be received for information.
  2. That one oral submission be received.

  YES (10)	Councillor S. Dasko, Councillor C. Fonseca, Councillor J. Kovac, Councillor C. Parrish, Councillor D. Damerla, Councillor M. Mahoney, Councillor S. McFadden, Councillor A. Tedjo, Councillor M. Reid, and Councillor B. Butt
  ABSENT (2)	Mayor Crombie, and Councillor J. Horneck

  Carried (10 to 0)

5.2

PUBLIC MEETING INFORMATION / RECOMMENDATION REPORT (ALL WARDS)

Proposed City Initiated Amendments to Zoning By-law 0225-2007 
File: BL.09-CIT (All Wards) 

Mayor Crombie arrived at 6:48 PM.

Committee members engaged in discussion and enquired about pressure containers, and setbacks. Trista James, Planner responded to questions and noted that the regulation regarding frontage on a street, be amended to include frontage only on a common element condominium road.

• RECOMMENDATION PDC-0002-2023
  Moved By Councillor M. Mahoney

  That the proposed amendments to Zoning By-law 0225-2007, as detailed in Appendix 2 of the report dated December 23, 2022, from the Commissioner of Planning and Building, be approved in accordance with the following:

  1. That the regulation regarding frontage on a street, be amended to include frontage only on a common element condominium road.
  2. That an implementing zoning by-law be enacted at a future City Council meeting.
  3. That notwithstanding planning protocol, that this report regarding new and revised definitions and regulations in Zoning By-law 0225-2007, be considered both the public meeting, and combined information and recommendation report.

  YES (11)	Mayor Crombie, Councillor S. Dasko, Councillor C. Fonseca, Councillor J. Kovac, Councillor C. Parrish, Councillor D. Damerla, Councillor M. Mahoney, Councillor S. McFadden, Councillor A. Tedjo, Councillor M. Reid, and Councillor B. Butt
  ABSENT (1)	Councillor J. Horneck

  Carried (11 to 0)

5.3

RECOMMENDATION REPORT (WARD 7)

Official Plan Amendment and Rezoning applications to expand the boundary of the Downtown Cooksville Character Area to include the subject lands and to permit three condominium apartment buildings of 32, 20 and 18 storeys in height, with ground floor commercial uses in a 20 storey condominium apartment building.
Address: 189 Dundas Street West and 3061 Parkerhill Road
Applicant: Augend 189 Dundas West Village Properties Ltd.
File: OZ/OPA 21-9 W7

The following residents spoke:

1. Manessia Sungelee, Resident expressed concerns regarding the location of the proposed development, the impact to the value of her home, increased traffic, safety, air and noise pollution.
2. Soonalaraja Sungelee, Resident expressed concerns regarding the location of the proposed development, the impact to wildlife, increased crime, lack of community engagement, traffic and enquired about the access on Parkerhill Road.
3. Vince Chiappino, Resident expressed concerns regarding the driveway, noise, construction impacts, and traffic.
4. Paul Ricardo, Resident expressed support for the staff recommendation, as he expressed concerns regarding the applicant proposal, such as the height, the number of buildings, overall density, and crime.

Committee Members engaged in discussion and enquired about the rights of the deputants and spoke to the Ontario Land Tribunal process. Andrea Dear, Development Planner and Michal Minkowski, Legal Counsel, Litigation and Planning responded to questions.

• RECOMMENDATION PDC-0003-2023
  Moved By Councillor D. Damerla
  1. That City Council direct Legal Services, representatives from the appropriate City Departments and any necessary consultants to attend the Ontario Land Tribunal hearing on the subject applications under File OZ/OPA 21-9 W7, Augend 189 Dundas West Village Properties Ltd., 189 Dundas Street West and 3061 Parkerhill Road, to expand the boundary of the Downtown Cooksville Character Area to include the subject lands and to permit three condominium apartment buildings of 32, 20 and 18 storeys in height, with ground floor commercial uses in the 20 storey condominium apartment building, in support of the recommendations outlined in the report dated December 23, 2022 from the Commissioner of Planning and Building, that concludes that the proposed official plan amendments and rezoning are not acceptable in their current form and should not be approved.
  2. That City Council provide the Planning and Building Department with the authority to instruct Legal Services on modifications to the position deemed necessary during or before the Ontario Land Tribunal hearing process. However, if there is a potential for settlement then a report shall be brought back to Council by Legal Services.
  3. That four oral submissions be received.

  YES (11)	Mayor Crombie, Councillor S. Dasko, Councillor C. Fonseca, Councillor J. Kovac, Councillor C. Parrish, Councillor D. Damerla, Councillor M. Mahoney, Councillor S. McFadden, Councillor A. Tedjo, Councillor M. Reid, and Councillor B. Butt
  ABSENT (1)	Councillor J. Horneck

  Carried (11 to 0)

5.4

RECOMMENDATION REPORT (WARD 1)

Official Plan Amendment and Rezoning applications to permit a 17 storey rental apartment building containing 148 residential units and ground floor commercial space.
Address: 170 Lakeshore Road East
Applicant: Lightpoint (170 Lakeshore Road East Port Credit) Inc.
File: OZ/OPA 21-16 W1

Councillor D. Damerla departed at 7:41 PM.

Paul Stewart, Development Planner provided an overview of the Official Plan Amendment and Rezoning applications.

The following residents spoke:

1. Craig Wilson, Resident expressed the need for density, affordable housing, and objected to the staff recommendation.
2. Mary Simpson, Resident, TOPCA expressed support for the staff recommendation. M. Simpson expressed concerns with the proposed applications with respect to density, traffic and the impact to the character area.
3. Colleen Barrett & John Atchison, Resident expressed support for the staff recommendation. C. Barrett and J. Atchison expressed concerns with the proposed applications with respect to information gaps, deficient technical studies, lack of community engagement with the developer, and height.
4. Lindsay Davies, Resident expressed support for staffs recommendation and noted concerns with the proposed applications with respect to height and intensification.
5. Jonathan Giggs, Resident enquired why the City did not provide a decision to the applicant on the prescribed date and enquired about additional information requested from the applicant. J. Giggs further enquired why Traffic Services was not satisfied with the application and enquired about the Ontario Land Tribunal (OLT) process. P. Stewart, Ryan Au, Traffic Planning Coordinator, and Michal Minkowski, Legal Counsel, Litigation and Planning responded.
6. Morgan Matthews, Resident expressed support for the staff recommendation and noted concerns regarding the proposed applications with respect to overshadowing, environmental impact, impact to quality of life, privacy, safety, noise, vehicle impact, and impact to existing infrastructure. M. Matthews enquired about how residents should express their concerns to the OLT. M. Minkowski responded.

Committee Members expressed concerns regarding the impact of the new legislation affecting the municipal planning process and noted that the proposed development was not appropriate for the area. Councillor S. Dasko expressed support for the staff recommendation and spoke to purpose built rentals, and community engagement. Councillor S. Dasko further expressed concerns regarding the proposed application with respect to the height, shadows, impact to the character area, and impact to privacy. 

• RECOMMENDATION PDC-0004-2023
  Moved By Councillor S. Dasko
  1. That City Council direct Legal Services, representatives from the appropriate City Departments and any necessary consultants to attend the Ontario Land Tribunal hearing on the subject applications under File OZ/OPA 21-16 W1, Lightpoint (170 Lakeshore Road East Port Credit) Inc.,170 Lakeshore Road East to permit a 17 storey rental apartment building containing 148 residential units and ground floor commercial space in support of the recommendations outlined in the report dated December 23, 2022 from the Commissioner of Planning and Building, that concludes that the proposed development, as presented by these official plan amendment and rezoning applications is not acceptable in its current form and should not be approved.
  2. That City Council provide the Planning and Building Department with the authority to instruct Legal Services on modifications to the position deemed necessary during or before the Ontario Land Tribunal hearing process, however if there is a potential for settlement then a report shall be brought back to Council by Legal Services.
  3. That six oral submissions be received.

  YES (10)	Mayor Crombie, Councillor S. Dasko, Councillor C. Fonseca, Councillor J. Kovac, Councillor C. Parrish, Councillor M. Mahoney, Councillor S. McFadden, Councillor A. Tedjo, Councillor M. Reid, and Councillor B. Butt
  ABSENT (2)	Councillor D. Damerla, and Councillor J. Horneck

  Carried (10 to 0)

5.5

SECTION 37 COMMUNITY BENEFITS REPORT (WARD 5)

Community Benefits contribution under Section 37 to permit six condominium 
apartment buildings with heights of 19, 24, 25, 35, 35 and 37 storeys which will contain 2,433 condominium apartment units and retail and office uses, 16 three storey condominium townhomes, public park, and public and condominium roads.
Address: 91 and 131 Eglinton Avenue East and 5055 Hurontario Street,
Applicant: 91 Eglinton Limited Partnership (Liberty Development Corporation)
Files: OZ 18/016 W5 and T-M18005 W5

This Item was considered as the first matter to be considered before Item 5.1.

No discussion took place regarding this item.

• RECOMMENDATION PDC-0005-2023
  Moved By Councillor C. Parrish

  That the report dated December 23, 2022, from the Commissioner of Planning and Building outlining the recommended Section 37 Community Benefits under Files OZ 18/016 W5 and TM18005 W5, 91 Eglinton Limited Partnership (Liberty Development Corporation), 91 and 131 Eglinton Avenue East and 5055 Hurontario Street, be approved and that a Section 37 agreement be executed in accordance with the following:

  1. That the sum of $15,000,000.00 be approved as the amount of the Section 37 Community Benefits contribution.

      

  2. That City Council enact a by-law under Section 37 of the Planning Act to authorize the Commissioner of Planning and Building and the City Clerk to execute the Section 37 agreement with Liberty Development Corporation (91 Eglinton Limited Partnership), and that the agreement be registered on title to the lands in a manner satisfactory to the City Solicitor to secure the community benefits contribution.

  YES (10)	Councillor S. Dasko, Councillor C. Fonseca, Councillor J. Kovac, Councillor C. Parrish, Councillor D. Damerla, Councillor M. Mahoney, Councillor S. McFadden, Councillor A. Tedjo, Councillor M. Reid, and Councillor B. Butt
  ABSENT (2)	Mayor Crombie, and Councillor J. Horneck

  Carried (10 to 0)

6.

ADJOURNMENT

8:39 PM (Councillor A. Tedjo)