Update – August 18, 2017
The project was just sold to a new owner who will be completing the last remaining conditions of the site plan and settlement.
Infrastructure Ontario has released the easement (one of the outstanding conditions) and the City is taking care of technical requirements (noise reliance letter, replacement of tree securities by new owner, payment of fees etc.). The plans have not changed substantially throughout the settlement of the site plan issues. Staff will let me know when the conditions have been met – at that point staff will need to report back to the OMB for approval.
Planning & Development Committee meeting – October 24th -Click for Agenda
Update – October 4/2016
As part of the settlement for the development of 20 semi-detached dwellings at the north east corner of Audubon Blvd. and Fieldgate Drive, one of the next steps is to bring the Section 37 Community Benefits reports forward to Planning and Development Committee and then Council so that the money can be secured. The report simply states the amount of the contribution as negotiated as part of the settlement and what it will be used for. The funds will be put towards initiatives suggested by local residents and the Rockwood Homeowners Association at previous community meetings (neighbourhood signage for the Rockwood area and improvements to Bough Beeches Park). This report will be on the October 24, 2016 Planning and Development Committee agenda and will be available for review a week in advance on the Planning and Development Committee website.
If you have any questions please contact Aiden Stanley at email@example.com or at 905-615-3200 x 3897
Update – Sept. 2016
Audubon (file # OZ 13/006 W3)
The City is still working with the applicant to finalize site plan details and implement the settlement for the 20 semi-detached homes. Once the applicant has met all conditions and requirements, it will be brought back to the Ontario Municipal Board for final approval (likely within the next few months). A report outlining the section 37 community benefits settlement will go to Planning and Development Committee this fall
Update: Dec. 1, 2015
A traffic count was completed on Thursday October 8, 2015 at the intersection of Fieldgate Drive and Audubon Boulevard that captured traffic movements during morning, mid-day and early evening hours. I requested this count to assess the overall volume of traffic at this intersection with a specific focus on the need and feasibility of a left turn lane for southbound Fieldgate Drive motorists.
This count revealed the heaviest traffic flows occurred in the northbound direction during the morning hours and in the southbound direction during the early evening hours. Volumes were much lighter and fairly well balanced during the mid-day hours. The volume of southbound left turns was quite insignificant during all time periods with only 28 during the evening peak hour and a total of just 125 during the entire 8 hour period. On the basis of this traffic data, a left turn lane for southbound traffic is neither required nor recommended.
The Cycling Master Plan identifies Fieldgate Drive as an on-road secondary cycling route. There is a desire to move forward with cycling along this route in order to connect the neighbourhood with the new Transitway. Implementing a left turn lane on Fieldgate Drive at Audubon Boulevard would prohibit an on-road facility within the existing asphalt surface. Staff will discuss the implementation plan for cycling on Fieldgate Drive with me, likely as part of our 2016 program.
In January, a Settlement hearing between Beverley Homes and the City took place. The Ontario Municipal Board ordered that the land be developed with 20 semi-detached homes. The final order was withheld so that technical issues could be resolved and the City could work towards an appropriate Site Plan for approval.
In April, the owner submitted plans and studies to the City to reflect the new concept for 20 semi-detached homes. The plans were circulated to City departments and agencies, who provided a list of conditions and comments to the owner.
Here is a brief summary of those comments and conditions:
- Update all studies to reflect the new proposal (parking, noise, storm water management, functional servicing report)
- Submit additional technical details (grading, survey information, arrangement of servicing easements)
- Provide more details on proposed retaining walls, fences, location of utility meters, fire hydrants etc.
- Add additional landscaping along Audubon Boulevard, at the corner of the property, and at the end of the private road
- Finalize a development agreement
- Address urban design comments (for example: ensure buildings facing Audubon Boulevard have the highest quality building elevations, emphasizing the first and second storeys by setting back the third storey and providing a change in exterior finishes, ensuring screening of air conditioning units etc.)
A community meeting was held June 29, 2015 to allow the local residents and Rockwood Homeowners’ Association to provide input on the proposal. As the owner or his representative were not in attendance, an additional community meeting will be held.
The owner will resubmit based on the comments provided and the City will continue to review the submissions until all of the comments and technical conditions are resolved. After this is completed, the City and Owner will go back to the Ontario Municipal Board for final approval of the applications.
We recently received revised plans for 1715 Audubon based on the 20 semi-detached on a private road concept. The revised plans will be circulated to staff and agencies for review. Please click on the link below to review the plans.
Notice of decision in regards to file OZ/OPA 13/006:
Update: January 15, 2015
Council approved the City of Mississauga entering into a Settlement Agreement of the OMB Appeal with Beverley Homes Holding Corp. The OMB Hearing will commence on Monday, January 19th at which time City Staff will attend to advise the Board of Council’s Decision. Unfortunately, I am unable to attend the OMB Hearing due to City Budget Meetings. Below are the Corporate Report Highlights considered by Council:
- Beverley Homes Holding Corp. (the “Owner”) has appealed to the OMB its application for Official Plan and Rezoning amendments and Site Plan approval to permit thirty (30) townhouse dwellings on a common elements condominium private road at 1715 Audubon Boulevard;
- The Owner has made adjustments to the proposal to convert the development to semi-detached units (rather than townhouses) and to reduce the number of units from 30 townhouses to 20 semi-detached;
- This revised proposal is acceptable from a planning perspective and a settlement of the appeals is recommended.
Below are the Terms of the Settlement approved by Council:
- The maximum height of the semi-detached dwellings will be 10.7m as per the City’s Zoning By-law provisions applicable to an RM3 Zone;
- The OMB would approve, in principle, the proposed Official Plan Amendment and Zoning By-law Amendment. Following that approval, Beverley Homes would submit to the City a detailed revised site plan and the parties would work together on the final configuration of the development. The residents including the Rockwood Homeowners Association (“RHA”) would be consulted and would provide input on the site plan. If the City and Beverley Homes are unable to agree on the site plan details, they could return to the OMB to ask that it adjudicate any outstanding site plan matters. The RHA would not be a party to this process;
- The lands abutting the Subject Lands and the existing homes along Audubon Boulevard that continue to be owned by Infrastructure Ontario would remain designated Parkway Belt West;
- The minimum number of parking spaces required would be 0.2 spaces/unit; and
- The Minutes of Settlement will confirm that any required cash-in-lieu of parkland payment for the semi-detached dwellings would be no greater than the amount that would be payable for an equivalent number of townhouse units.
Timing has been a theme on this file. I’d like to take this opportunity to thank the residents of Audubon, Rockwood and the community and to the City’s Planning and Legal Departments and Members of Rockwood Homeowners Association for their time and commitment on this issue.
Once the OMB Hearing date was established in the Spring of 2014, the focus of the Audubon residents, RHA, the community and City staff has been on the commencement of the OMB Hearing on January 12, 2015. On December 22nd, 2014, Beverley Homes proposed a settlement.
At Council, I spoke to concerns that I had as well as those raised by the community including:
- Timing and Lack of Reasonable Notice: Beverley Homes proposed the settlement late in December, 2014. Taking into account Christmas, New Year and Orthodox Christmas, little time was afford to meet with the community to present the possible settlement.
- Lack of Written and Draft Documents: Unfortunately, a written version of the draft proposal was not provided Beverley Homes in spite of my requests.
- Lack of Certainty for the Community: RHA will not be a party to the OMB Site Plan process.
- Supporting the Settlement: At a meeting hosted by RHA, the majority of those in attendance supported the terms of the settlement. However, it was noted that due to the timing, by no means, did the outcome reflect the perception that the community had appropriate notice and opportunity to attend.
Key points not reflected in the Settlement that require clarification:
- Proposed Site Plan and/or Concept Plan;
- Number of storeys for the new semi-detached homes;
- Number and location of driveway/access roads onto Audubon;
- Quality of homes to be built including price point;
- Size of the parkway belt buffer that will remain;
- Visitor parking;
- Traffic/Access: Added congestion on Audubon Boulevard. Access by EMS, snow removal and waste removal vehicles.
- Health issues: Due to set back from hydro corridor.
- Landscaping: tree planting and landscape plan does not complement the existing mature neighbourhood.
Update: January 13, 2015
On January 7, 2014, a meeting was held by the Rockwood Homeowners Association to consider a settlement from Beverley Homes for the site at Fieldgate and Audubon. The City had approved applications on behalf of Infrastructure Ontario for detached houses, however this was appealed by Beverley Homes the new owner of the property. Beverley Homes then submitted applications for 30 townhouses to be built on a condominium road and this was appealed by the owner as well. An Ontario Municipal Board hearing was scheduled to begin on January 12, 2015 to hear the appeals of both applications. Right before Christmas, Beverley Homes approached the City to discuss the possibility of a settlement that would represent a compromise between the City’s position and the owner’s proposal. The current settlement is for 20 semi-detached houses on a condominium road with the opportunity for RHA to provide input on site plan details through the City. The majority of people in attendance at the meeting were in favour of settling the matter.
The parties and participants appeared before the OMB on Monday January 12, 2015 as scheduled. At that time the hearing was adjourned for the day, pending the settlement to be considered by Council on Wednesday, January 14, 2015. If a settlement is approved by Council, the hearing will resume on Monday the 19th at 1:00 pm to provide evidence on the settlement. If Council does not approve the settlement, a contested hearing will proceed as scheduled on Monday the 19th at 10:00 am.
RHA and a number of residents attended the hearing and the Board instructed them to keep in contact with legal counsel to hear the outcome of Council’s decision on the settlement. As well, it was requested that in the event that a contested hearing proceeds and the residents are going to speak against the settlement, that they advise both lawyers of the nature of their concerns so that the appropriate witnesses be in attendance (e.g. traffic engineer).
NOTE: On April 7, 2014 at the OMB pre-hearing, Committee Member Mr. Reid Rossi scheduled a hearing for 10 days beginning on January 12th, 2015. This hearing will be held in the Municipal Hearing Room located on the 2nd floor at 300 City Centre Drive.
A question was brought up by residents wanting to know the basis on which the developer, Beverly Homes, was able to go to the OMB even though the zoning had been changed by the City.
- After the Province declared the land surplus in 2010, the City initiated an Official Pan Amendment and Rezoning to change the designation and zoning from “Parkway Belt” to allow single-detached homes in keeping with the surrounding context.
- During the processing of these amendments, the Province sold the land to Beverley Homes Holding Corp.
- The City-initiated Official Plan Amendment and rezoning was adopted by City Council in 2012.
- As part of the normal approval process there is an appeal period. The new owner, Beverley Homes, appealed the City-initiated Official Plan and Rezoning to the Ontario Municipal Board. Therefore these documents did not come into effect.
- Since that time, a new Official Plan (Mississauga Official Plan) came into force and effect. The current designation and zoning remain Parkway Belt (this designation does not permit residential uses).
- In 2013 Beverley Homes submitted an application to change the Official Plan and zoning to permit 30 townhouses on the site. An owner has a right to apply to the City to change the use of their land notwithstanding that the City made a decision to change the designation and zoning.
- The owner has also appealed his applications to the Ontario Municipal Board due to the fact that Council failed to make a decision on the applications within 180 days.
- The appeals will be heard together by the Ontario Municipal Board.
OZ 13/006 Update
Beverley Homes Corp. 1715 Audubon Boulevard
The City of Mississauga received a letter of appeal to the Ontario Municipal Board (OMB) from the applicant’s solicitor.
The applicant is appealing the City’s failure to make a decision with respect to their Official Plan Amendment and Rezoning applications, which were submitted to the City and deemed complete in May, 2013. These applications would permit the development of 30 townhomes on the subject lands. The Planning Act permits this type of appeal where Council has not made a decision within a certain timeframe.
On July 4, 2012 Council adopted City-initiated Official Plan Amendment No. 123 (OPA 123) and Zoning By-law Amendment No. 148-2012 that proposed to amend Mississauga Plan (2003) from “Parkway Belt West” to “Residential Low Density I – Special Site” and to rezone the lands from “PB1” (Parkway Belt) to “H-R3-Exception” (Detached Dwellings) to permit detached dwellings on the subject property. These amendments were subsequently appealed by Beverley Homes who has recently acquired the property. These appeals remain outstanding and therefore the City-approved amendments are not in effect.
The applicant has therefore, two appeals before the OMB in conjunction with this property.
It is important for you to know that I continue to adamantly oppose the Application for 30 townhomes on this property. The community and Planning staff worked extremely hard to ensure the lands were designated as low density residential to ensure the continuity of any development on this land. This designation would allow for 7 or 8 detached dwellings.
So, what’s the next step?
The OMB will set a pre-hearing date, likely Spring 2014.
A staff report will come before Planning and Development Committee likely in February, 2014 wherein the Planning Department will seek the City’s direction to defend its position at the OMB.
I will inform you once the dates are set for both these meetings. Residents are welcome to speak before both the Planning and Development Committee and the OMB and I will certainly voice my support at the Planning and Development Committee Meeting to uphold the Residential Low Density designation and opposition to the 30 townhomes proposed. Unfortunately, I am not permitted to participate directly in the OMB process.
For more information on how to participate at the OMB please follow this link: OMB Information Process