ONTARIO MUNICIPAL BOARD. WITNESS STATEMENT OF Paul Lowes. Prepared for: Bronte Green Corporation. Prepared by:

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1 OMB File No. PL ONTARIO MUNICIPAL BOARD Subject: Proposed Official Plan Amendment, Plan of Subdivision, Zoning By-law Amendment and Plan of Condominium Municipality: Town of Oakville Case No.: PL File No.: PL141318, PL14319, PL141320, PL WITNESS STATEMENT OF Paul Lowes Prepared for: Bronte Green Corporation Prepared by: Paul Lowes, MES, MCIP, RPP SGL Planning & Design Inc Bloor Street West Toronto, Ontario!!! August 27, 2015

2 1.0 Qualifications 1.1 I am a principal of SGL Planning & Design Inc., a planning consulting firm offering land use planning and land development services throughout Ontario. I have a Bachelor of Environmental Studies, School of Urban and Regional Planning from the University of Waterloo and a Masters of Environmental Studies from York University. I have over 28 years of experience in the land use planning field in Ontario. 1.2 My experience focuses largely on the policy aspects of planning and development although I have considerable experience with all manner of development applications as well. I work for a broad range of municipal and private sector clients and have prepared a number of Official Plans, Secondary Plans, and comprehensive and site-specific Zoning By-laws. 1.3 With respect to Secondary Plans, I have undertaken numerous Secondary Plans for both municipal and private sector clients. In Pickering, I prepared the Seaton conformity amendment and 6 neighbourhood plans for a new community of 61,000 people and 30,500 jobs. I also prepared the comprehensive zoning by-law for Seaton and peer reviewed 21 implementing draft plans of subdivision. In Oakville, I was retained by a group of landowners called at the time North Oakville Management Inc. (NOMI) and prepared a comprehensive Secondary Plan for North Oakville East. I subsequently worked with the Town s planning consultant to prepare a settlement Secondary Plan that was presented to the OMB. I have undertaken similar secondary plans in municipalities across the GTA. 1.4 I am currently retained by the North Oakville Community Builders Inc. (NOCBI) to review every draft plan of subdivision in North Oakville East to ensure that it conforms to the Master Plan contained within the North Oakville East Secondary Plan (OPA 72) and related secondary plan policies. 1.5 I have appeared before the Ontario Municipal Board on numerous occasions. 1.6 A copy of my curriculum vitae is included as Attachment A to this witness statement. An Acknowledgement of Expert s Duty is included as Attachment B. 2.0 Retainer 2.1 SGL was retained in the summer of 2012 by Bronte Green Corporation ( Bronte Green") to provide land use planning consulting services respecting the lands located at 1401 Bronte Road, Oakville that were at the time the Saw-Whet Golf Course. (the Bronte Green lands ). 2.2 SGL's retainer included providing land use planning comments and recommendations to the Town of Oakville ( Town ) as part of Bronte Green's involvement in the Merton Planning Study. The Merton Planning Study is described later in this witness statement. I was personally involved in the staff! 1!

3 consultations respecting the Merton Planning Study, reviewed drafts of technical reports prepared as part of the Merton Planning Study and authored the Merton Tertiary Planning Study: Land Use Options and Evaluation that was submitted to the Town in December On behalf of Bronte Green, SGL subsequently prepared and filed private applications for zoning by-law amendment, draft plan of subdivision, and draft plan of condominium affecting the Bronte Green Lands. SGL also prepared and filed a private official plan amendment application encompassing a part of the Merton Planning Area, which was later revised to apply only to the Bronte Green Lands and other privately owned lands located immediately west of Bronte Road including the Enns properties. 2.4 In support of these applications, SGL prepared two planning reports: Planning Assessment Report, 1401 Bronte Road, Oakville, Ontario, February 2014 in support of the Draft Plan of Subdivision, Zoning By-law Amendment and draft plan of condominium; and Planning Assessment Report, Northeast Area of Bronte Road and QEW, Application for Official Plan Amendment, May I was the principle author of both reports. 2.5 Attachment C to this witness statement is a bibliography of documents reviewed in the course of this assignment and in preparing my evidence and opinion for this hearing. 3.0 Location and Surrounding Lands 3.1 The subject lands comprise the former Saw Whet Golf Course, located at the southeast corner of Bronte Road and Upper Middle Road. It is municipally known as 1401 Bronte Road, with the legal description of Part of Lots 28, 29, and 30, Concession 2. References in this witness statement to the Bronte Green lands or subject lands comprise only the former Saw Whet Golf Course. The draft plan of subdivision and zoning by-law only apply to the Bronte Green lands. A map illustrating the Bronte Green lands is contained in Attachment D to this witness statement. 3.2 The Official Plan Amendment also includes the lands on the west side of Bronte Road, which includes the Enns properties. References in this witness statement to the OPA lands includes both the former Saw Whet Golf Course and the lands on the west side of Bronte Road. A map illustrating the OPA lands is contained in Attachment D to this witness statement. 3.4 The subject lands are bound by Bronte Road to the west, Upper Middle Road and an existing hydro corridor to the north, the Fourteen Mile Creek to the east, and Deerfield Golf Course and the Region of Halton Municipal Offices to the south.! 2!

4 3.5 The hydro corridor referenced in paragraph 3.4 borders the northern boundary of the subject lands. It abuts and runs parallel to Upper Middle Road and is located outside of the lands owned by Bronte Green. As such the subject lands do not directly abut Upper Middle Road. A gas pipeline easement runs parallel to the hydro corridor. It is located on the Bronte Green lands. The hydro corridor is owned by Infrastructure Ontario and as such falls outside of the Draft Plan of Subdivision but is included in the Bronte Green OPA. 3.6 A second hydro corridor traverses north-south through the entirety of the subject lands. The hydro corridor is owned by Infrastructure Ontario and as such falls outside of the Draft Plan of Subdivision but is included in the Bronte Green OPA. 3.7 The OPA lands are additionally bound by Bronte Creek and the Bronte Creek Provincial Park on the west. 3.7 The Saw Whet Golf Course ceased operation at the end of The golf course occupied the entirety of the subject lands, with the exception of an irregularly shaped field located between the northern part of the golf course and Fourteen Mile Creek. The field has been intermittently farmed in the past, and was last ploughed in the summer of The history of the use of the field is discussed in the reports prepared by Beacon Environmental as identified in paragraphs 5.9, 5.9.2, 5.9.4, 7.3 and 7.8 of this witness statement. 3.8 The OPA lands to the west of Bronte Road are currently occupied by 7 existing residential homes; a number of which are owned by the Enns family and one of which is a listed heritage property (1326 Bronte Road). 3.9 Other land uses to the east include two other dwellings located south of the OPA lands and the Bronte Green Provincial Park all of which is located within the Greenbelt Plan Area Fourteen Mile Creek, which abuts the subject lands to the east, is owned by Infrastructure Ontario. As a result, the OPA lands and subject lands largely consist of table lands except for the two small tributaries of the 14 Mile Creek which cross the northern part of the subject lands and extend west across Bronte Road into the Bronte Creek Provincial Park. These two small tributaries join together just west of the main branch of the 14 Mile Creek Adjacent land uses to the east of the Fourteen Mile Creek valleyland include the established Glen Abbey neighbourhood, comprised primarily of single detached dwellings and containing small pockets of freehold and condominium townhouses. A small condominium enclave (Ravine Gate) with 27 single detached dwellings is located along the western edge of the valley. A recently approved 3 storey apartment building (The Balmoral Condominium) is currently under construction on the south side of Upper Middle Road and north of Ravine Gate, adjacent to the valley.! 3!

5 3.12 Land uses to the north of Upper Middle Road include an existing church at the northeast intersection of Upper Middle Road and Bronte Road, valleylands associated with the Fourteen Mile Creek, and the established Westmount neighbourhood comprised primarily of single detached dwellings with pockets of townhouse development. The residential interface with Bronte Road just north of Upper Middle Road is reverse frontage. Further north, the interface consists of window streets with townhomes facing Bronte Road along with a long term care facility and a small flanking commercial development The Bronte Creek neighbourhood is located north of Upper Middle Road and west of Bronte Road. It contains a newer residential development comprised of townhouse dwellings immediately north of Upper Middle Road and a combination of single detached and townhouse dwellings further to the north. The residential interface with Bronte Road is a combination of a window street and reverse lotting The Deerfield Golf Course owned by Infrastructure Ontario is located to the south of the subject lands, while further to the southeast of it, is the Mid Halton sewage treatment plant. Also located to the south along Bronte Road is the Region of Halton headquarters and the Woodlands Operation Centre. It is my understanding that the Woodlands Operation Centre includes the Regional police headquarters, an ambulance station and ambulance headquarters, public works fleet maintenance, various administrative offices and outdoor storage of materials for public works maintenance The subject property is approximately 55 ha in size and the OPA lands are approximately 63 ha in size. 4.0 Summary of Evidence and Opinion 4.1 My evidence will review the Merton Planning process and the preferred land use plan and policies arising from that study process. My evidence will outline the extensive study undertaken by a number of technical consultants. 4.2 I will demonstrate that the OPA proposed by Bronte Green (Bronte Green OPA) is based on the preferred options arising from the Merton Planning Study and is based on Town staff s proposed OPA that implemented the Merton Planning Study with appropriate refinements. 4.3 I will provide opinion that the Bronte Green OPA conforms to the Growth Plan, is consistent with the PPS, conforms to the Region of Halton Official Plan and conforms to and is internally consistent with Livable Oakville. 4.4 I will describe the proposed draft plan of subdivision, zoning by-law amendment and proposed draft plan of condominium and provide opinion that these instruments conform to or are consistent with the policy regime noted above including the draft Bronte Green OPA.! 4!

6 4.5 I will provide evidence and opinion on how the proposed draft plan of subdivision conforms to Section 51 (24) of the Planning Act. 5.7 My evidence and opinion will also address the relevant planning issues as set out in Section 10 of this witness statement. Upon review of the witness statements of other parties, I may provide evidence and opinion of a planning nature on other issues in reply. 5.0 The Merton Planning Processes 5.1 Section 26.6 of Livable Oakville sets out policies that identify lands in the vicinity of the QEW and Bronte Road, on the north side, as a Special Policy Area. This special policy applies to the OPA lands. Policy provides the following special policies that apply to this area: The following areas have been identified for potential future development and should be comprehensively studied to determine future land uses and policies: a) lands in the vicinity of the QEW and Bronte Road on the north side; and, b) lands in the vicinity of Highway 403 on the west side between Dundas Street and Upper Middle Road The comprehensive studies for potential future development areas should address servicing and infrastructure needs, including a detailed transportation needs analysis, phasing of servicing and development, and appropriate land uses. Approvals for individual site development applications in these areas shall be considered premature until the necessary comprehensive studies are completed. 5.2 A study outline of the objectives for the Merton Planning Study was endorsed by Town Council on November 12, 2012 through staff report PD , dated October 16, Council endorsed the following key objectives to be followed in undertaking the Merton Planning Study: Preserve, enhance and protect the town s and region s environmental features, biological communities, wildlife corridors, and natural heritage system, and review connecting east-west corridors between Environmental Study Assessment (ESA) 10 (Bronte Creek) and ESA 12 (Fourteen Mile Creek); Provide complete and sustainable communities with enhanced urban design, required community facilities and parkland; Determine appropriate integration and connection of new development, where possible, with the surrounding communities Maintain a strong employment corridor along the Queen Elizabeth Way;! 5!

7 Recognize the role and function of Bronte Road as a Major Arterial; Protect cultural heritage resources; Protect all natural hazards through policy and / or dedication to the municipality, and protect new and existing infrastructure from future flooding and erosion concerns; Provide a safe, efficient and accessible transportation system with choices in mobility to accommodate new growth; Provide cost-effective and coordinated infrastructure investment for new growth; Optimize use of existing infrastructure and public service facilities; Establish targets with respect to water quality parameters including the thermal regime for stormwater management effluents; and, Demonstrate a net benefit to the significant population of Redside Dace within the Study Area. 5.3 The Town issued a public notice of study commencement on March 14, A Terms of Reference for the technical studies of the Merton Planning Study were subsequently presented to Town Council as Appendix A to staff report PD , dated May 17, The Terms of References, dated May 6, 2013, set out requirements for the following studies: Environmental Impact Study (EIS); Area Servicing Plan and Functional Servicing Study; Transportation Study; Stage 1 Archaeological Assessment; and Noise and Odour Study. 5.5 Staff report PD , dated May 17, 2013 was received and endorsed by Town Council on June 10, Council also put forward the following motion, that staff be directed to continue to develop land use options to reflect conditions as the studies unfold and the consultation with the public continues. 5.6 The Merton Planning Study area included the OPA lands as well as lands owned by Infrastructure Ontario including the 14 Mile Creek Valley, the Deerfield Golf Course, lands along Third Line for which they had submitted a development application and other adjacent lands. The Merton Planning Study area also included lands owned by the Region of Halton including the Region s headquarters, the Woodland Operations Centre and the Mid Halton waste water treatment plant. 5.7 The technical studies required by the Merton terms of reference were undertaken by a consulting team retained by Bronte Green Corporation. Infrastructure Ontario provided information and background studies completed in support of their applications to the consulting team. Although Infrastructure Ontario did not directly participate in the preparation of the technical studies, they were provided with copies of reports and representatives of Infrastructure Ontario attended all meetings held with a steering committee of agency representatives.! 6!

8 5.8 The Town retained a group of peer review consultants to review the Merton technical studies. The technical studies were circulated and reviewed by Town staff, the peer review consultants, Conservation Halton and the Region of Halton. 5.9 The first submission of Merton technical studies was made on June 26, The following technical studies were submitted: Merton Tertiary Planning Study: Geomorphic Assessment Fourteen Mile Creek and Associated Tributaries by Parish Geomorphic, Draft (February 2013); Hydrological Study: Merton Tertiary Planning Area, Town of Oakville, Ontario by R.J. Burnside & Associates Ltd. (March 2013); Preliminary Noise Study: Merton Tertiary Planning Study Area, Oakville, Ontario by SS Wilson Associates Consulting Engineers, Draft (February 2013); Stage 1 Archaeological Background Study: Merton Tertiary Plan by AMICK Consultants Ltd., Draft (May 2013); Phase 1 Environmental Impact Study by Beacon Environmental, Draft (May 2013); Traffic Impact Analysis, Merton Tertiary Plan, Oakville by Read, Voorhees & Associates, Draft (June 2013); and Area Servicing Plan for Merton Tertiary Plan Area in the Town of Oakville by DSEL, JFSA, and Genivar, Draft (May 2013) Comments from the Town s peer reviewers were received between July and September A second submission of the Merton technical studies was made in December 2013 in response to the peer review comments. The following studies were submitted: Phase 2 Environmental Impact Study by Beacon Environmental, Draft (December 2013); Hydrological Study: Merton Tertiary Planning Area, Town of Oakville, Ontario by R.J. Burnside & Associates Ltd. (December 2013); Merton Tertiary Planning Study: Geomorphic Assessment Fourteen Mile Creek and Associated Tributaries by Parish Geomorphic, Draft (December 2013); Area Servicing Plan for Merton Tertiary Plan Area in the Town of Oakville by DSEL, JFSA, and Genivar, Draft (December 2013); Traffic Impact Analysis, Merton Tertiary Plan, Oakville by Read, Voorhees & Associates, Draft (updated December 2013); Merton Tertiary Planning Area Odour Study by Pollutech Environmental Ltd., Draft (December 2013); Preliminary Noise Study: Merton Tertiary Planning Study Area, Oakville, Ontario by SS Wilson Associates Consulting Engineers, Draft (December 2013); Stage 1 Archaeological Background Study: Merton Tertiary Plan by AMICK Consultants Ltd., Draft (December 2013); and Merton Tertiary Planning Study: Land Use Options and Evaluation by Sorensen Gravely Lowes Planning Associates Inc. (December 2013).! 7!

9 5.9.3 The Town s peer review reports for the Merton Planning Study were released between January and April The following peer review reports were received: Peer Review of Merton Water and Wastewater ASP; Peer Review of Stage 1 Archaeological Background Study; Peer Review of Transportation Study, Merton Tertiary Planning Area; Peer Review of Hydrogeological Study, Merton Tertiary Planning Area; Peer Review of Area Servicing Plan for Merton Tertiary Planning Area; Peer Review of Preliminary Noise Study (Rev. 3) for the Merton Tertiary Planning Area; Technical Review #2 Merton Tertiary Planning Study, Fluvial Geomorphology Component; Land Use Options and Evaluation Report Review; Halton Region Technical Review: Hydrology Review Comments for Merton Tertiary Plan Area; Peer Review of the Odour Study for the Merton Tertiary Planning Study Area; Halton Region Technical Review: Preliminary Peer Review of EIS for Merton Tertiary Planning Study; Review of the Aquatic Resources and Natural Heritage Resources Components of the Phase 2 EIS; and Conservation Halton Technical Review re: Merton Planning Study The third submission of the Merton Technical Studies in response to the peer review comments and reports was made on October 27, The following technical studies were submitted: Stage 2 Archaeological Background Study: Merton Tertiary Plan by AMICK Consultants Ltd. (May 2014); Traffic Impact Analysis, Merton Tertiary Plan, Oakville by Read, Voorhees & Associates (September 2014); Area Servicing Plan for Merton Tertiary Plan Area in the Town of Oakville by DSEL, JFSA, and Genivar (October 2014); Phase 2 Environmental Impact Study by Beacon Environmental (October 2014) (EIS 2014); Hydrological Study: Merton Tertiary Planning Area, Town of Oakville, Ontario by R.J. Burnside & Associates Ltd. (October 2014); Merton Tertiary Planning Study: Geomorphic Assessment Fourteen Mile Creek and Associated Tributaries by Parish Geomorphic (October 2014); Preliminary Noise Study: Merton Tertiary Planning Study Area, Oakville, Ontario by SS Wilson Associates Consulting Engineers, Draft (October 2014); and Merton Tertiary Planning Area Odour Study by Pollutech Environmental Ltd. (October 2014).! 8!

10 5.9.5 Draft peer review comments on the third submission of technical studies were received on March 16, Draft peer review comments received related to the following subject matters: Water/wastewater, Stormwater management, Natural heritage system, Hydrogeology, Stream morphology, Transportation, Archaeology, Noise Odour, and Geotechnical A half-day workshop was held with Town staff, Conservation Halton, the Region of Halton and the landowners representatives on March 20, 2013 to assess the opportunities and constraints for the Merton Planning Study area and to develop preliminary land use options Three land use options were developed based on the discussion that stemmed from the half day workshop, opportunities and constraints as identified by the technical studies, Council endorsed study objectives, and the objectives and policies of the Livable Oakville Plan Some elements were consistent among the three land use options. These common elements included: A natural heritage system that protects and connects the Fourteen Mile Creek and Bronte Creek; A main collector road connecting Bronte Road to North Service Road; Employment uses in the southern half of the study area, capitalizing on the highway visibility of these lands; Residential uses in the northern half of the study area; A commercial/mixed use node at the intersection of Bronte Road and the proposed main collector road; One neighbourhood park; and Connections from the study area to proposed and existing trails along the 14 Mile Creek Two open houses were held on May 15 and 16, 2013 to provide an update on the study and an opportunity for the public to provide input on the draft land use options The three options were subsequently evaluated by the technical consultants based on criteria, guiding principles/objectives, measures, and scale definitions established with the Town of Oakville. The evaluations were addressed in the second submission noted in paragraph The summary of the evaluation is! 9!

11 contained in a letter dated December 17, 2013 from SGL as described in paragraph The evaluation measures fell under nine major criteria: 1. Liveable community, 2. Growth management, 3. Employment, 4. Providing choice, 5. Community design, 6. Natural environment, 7. Heritage, 8. Infrastructure, and 9. Transportation The evaluation criteria and measures were reviewed by Town staff, Conservation Halton and the Region, and agreement was reached with Town staff on the criteria and measures prior to the Bronte Green consulting team completing the evaluation With a scale of either Best or Pass/Fail, each option was evaluated using a combination of technical rationale and area measurements. The evaluation was completed with technical input from all Bronte Green consulting team members. The option with the greatest number of Best or Pass was the preferred option SGL prepared a letter dated December 17, 2013 that described the three options, highlighted the evaluation process, included the detailed evaluation matrix and described the preferred land use option Although Option B appeared to be preferred overall, there were opportunities to further improve Option B as the preferred option. Refinements were recommended to: enhance walkability through addition of a mixed use main street node at the minor collector road rather than neighbourhood commercial; relocate the neighbourhood park to a more central location adjacent to the hydro corridor to improve accessibility; add a minor collector road connection through the Region s Woodlands Operation centre to the signalized intersection on Bronte Road in order to accommodate the anticipated traffic from the proposed employment lands; eliminate the small medium density designation on the west side of Bronte Road south of the Main Street area; allow low density residential development on the field to reflect findings of the Phase 2 Environmental Impact Study (EIS); and other refinements that are unrelated to the lands within the Bronte Green OPA.! 10

12 Peer review comments by Ms. Howson of Macauley Shiomi Howson Ltd. on the land use options and evaluation report were provided in February Ms. Howson had no significant issues with the evaluation. However, she did suggest some revisions to the evaluation but none of which would change the preferred option. She also raised additional suggestions for refinements of the preferred option. Those suggestions that are applicable to the draft Bronte Green OPA included providing the opportunity for commercial or live work units on both sides of the northerly minor collector road in the main street area. This suggestion has been reflected in the draft Bronte Green OPA. The other suggestion was for a conceptual school site to be identified on the plan. The school has been addressed through policy in the draft Bronte Green OPA. Lastly she suggested further discussion of the benefits of a land swap with the Region. The Region has never identified a willingness to discuss a land swap and as such this matter has not been further considered On March 19, 2014, an open house was held to provide an update on the study and to present the Town s draft preferred plan Also on that date, the Town issued a Notice of Public Meeting to be held on April 14, The public meeting was to consider a draft official plan amendment prepared by Town staff to implement the findings to date arising from the Merton Planning Study Town staff prepared a report PD , dated March 24, 2014 recommending approval of a draft preferred plan and a draft official plan amendment for the Merton Planning Area, referred to in this witness statement as the Town staff s draft Merton OPA. The staff report was presented to a public meeting of Council on April 14, The staff report stated that, a substantial amount of work has been completed through the second submission of the technical studies. Based on the information submitted to date, there is sufficient information to define the general areas of developable lands within the Merton Planning Study area and to establish the policy framework to guide the review of development applications. This statement indicates that staff were comfortable that the comprehensive studies were sufficiently complete to allow them to bring forward an OPA for public input and adoption The Town staff s draft Merton OPA was attached as Appendix F to the March 24, 2014 staff report (the Staff OPA ). Town staff proposed residential uses on the majority of the Bronte Green Lands and the Enns Lands (subject to the latter being removed from the Parkway Belt West Plan) with a Mixed Use 1 node at the intersection of Bronte Road and the northern minor collector road. The IO Lands were proposed to be designated as Natural Area (Fourteen Mile Creek and Third Line Lands) and Private Open Space (Deerfield Golf Course) The staff recommendation in the March 24th report was for Town Council to receive the report along with the public comments on the Staff OPA. The public! 11

13 comments and directions of Council would then be incorporated into a finalized version of the Town staff s draft Merton OPA, which was proposed to be brought forward for Council approval on June 9, The staff recommendation was not adopted. Instead, Town Council resolved that: A. Staff be directed to: incorporate analysis of the 2014 PPS into the ongoing Merton Planning Study; direct the Town s peer reviewers to undertake further analysis of water balance, recharge, critical habitats and other issues identified in their peer review comments; explore the natural heritage functions of the golf courses; report back to Planning and Development Council on June 9, 2014, on the revised schedule incorporating this work; and make no further advancement on the draft plan and policies prior to reporting to the June 9, 2014 Planning and Development Council meeting. B. Upon completion of the additional required work, a further public meeting will be scheduled with appropriate notice, to consider the results of such work On June 9, 2014, an update staff report was provided to Council. Staff report PD dated May 16, 2014 contained a report back to Planning and Development Council with a revised schedule, as directed by Council at the April 14, 2014 public meeting. This report provided a status update on actions taken in response to each of the staff directions of the Council resolution from April 14, 2014 and revised the schedule for the Merton Planning Study. The revised schedule identified the Statutory Public Meeting and Recommendation Reports completed by the second quarter of Overview of the Bronte Green OPA 6.1 On May 12, 2014 Bronte Green Corporation submitted a private OPA application, which was accompanied by a Planning Assessment Report and a draft OPA that included the Infrastructure Ontario (IO) lands. The private OPA applied to all of the Merton Planning Study lands except for lands owned by IO on the Third Line, as IO had previously submitted a separate OPA for those lands. 6.2 The Bronte Green OPA application was deemed complete on July 11, SGL prepared a Planning Assessment Report dated May 2014 in support of the proposed Bronte Green OPA. The Planning Assessment Report described the Bronte Green OPA, provided a planning assessment on the conformity or consistency with the Parkway Belt West Plan, the PPS 2014, the Growth Plan,! 12

14 Halton Region Official Plan and ROPA 38, and Livable Oakville. The Report also provided a brief summary of the following supporting technical studies: Environmental Impact Study, Area Servicing Plan and Functional Servicing Study, Transportation Study, Stage 1 Archaeological Assessment, and Noise and Odour Studies. 6.4 Since technical studies had already been submitted in support of the Merton planning process and in support of the draft plan of subdivision and zoning by-law amendment, no other studies were required to be submitted. 6.5 On September 12, 2014, Bronte Green submitted a request to revise the draft Bronte Green OPA pertaining to certain lands in the Merton Planning Study Area. Since submitting the Bronte Green OPA application in May, a number of initiatives were made which necessitated a refinement of the original private Bronte Green OPA. These included the withdrawal by IO of their application for lands they own on the Third Line; the Town initiating a Town-Wide Employment and Commercial Review which was to consider, among other matters, the future role of the QEW corridor; and the Town exploring means of designating and protecting the publicly owned lands within the Fourteen Mile Creek valley. 6.6 The Bronte Green OPA was revised to only apply to privately owned lands within the Merton Study Area. The revised Bronte Green OPA contained text modifications to clarify its applicability only to the privately owned lands within the Merton Study Area along with a revised Schedule H. 6.7 On April 24, 2015, the Bronte Green OPA was further revised to reflect recommendations by Bronte Green s traffic consultant. Bronte Green's traffic consultant advised that the proposed southerly minor collector street (shown in the draft plan as Street "C") does not require a 22-metre right-of-way width to serve its function as a lower order minor collector road. The width of Street "C" was accordingly revised to have a width of 19 metres, which is reflective of the standard used in North Oakville. The northerly minor collector road (Street "A") remained as originally proposed (i.e. with a 22-metre width). 6.8 Description of the Bronte Green OPA The Bronte Green OPA lands are identified as Residential Areas and Parkway Belt in the Urban Structure of Schedule A1 in the Livable Oakville Plan (2009). Schedule H, Land Use Plan designates the OPA lands as Private Open Space and Parkway Belt. The Parkway Belt designation applies to the Enns property and to the hydro corridor. The field is identified as Environmentally Sensitive Areas, and the tributaries, which extend westerly toward Bronte Creek, are identified as Valleylands on Schedule B.! 13

15 6.8.2 An amendment to the Official Plan is proposed to change the land use designation of the OPA lands from Private Open Space and Parkway Belt to Low Density Residential, Medium Density Residential, Main Street 1 and Natural Area. The hydro corridor will remain designated Parkway Belt. The draft Bronte Green OPA including the land use schedule is included as Attachment E to this witness statement The draft Official Plan Amendment largely reflects the Preferred Merton Plan provided to the Town in December It also closely reflects the draft Official Plan Amendment presented in the Town s staff report dated March 24, The draft Official Plan Amendment proposes a complete and walkable community, which is primarily a residential community consisting of a mix of housing types, and includes a gateway node of mixed use buildings at the primary entrance to the community Land use densities and built form are executive in nature closest to the Fourteen Mile Creek, gradually increasing in density towards Bronte Road The Fourteen Mile Creek and its tributaries are protected and enhanced, and integrated into the plan as a defining character of the community. Although the main tributary of the Fourteen Mile Creek and the associated valley falls outside of the OPA lands, setbacks to it and the environmental features within and at the top of bank extend into the OPA lands. The two minor tributaries that extend west across Bronte Road are protected as described in the EIS 2014 and the witness statement of Ken Ursic and Don Fraser of Beacon Environmental It should be noted that on June 15 th, 2015 Town Council adopted Official Plan Amendment #10 that designated the portion of the Fourteen Mile Creek owned by Infrastructure Ontario and currently designated Parkway Belt as Natural Area with a Parkway Belt Overlay and designated two adjacent open space areas as Parks and Open Space with a Parkway Belt Overlay A major element of the Bronte Green OPA is an accessible open space network. The open space system consists of the Fourteen Mile Creek (the main tributary of which is located adjacent to the OPA lands), a neighbourhood park, two parkettes, and environmental enhancement areas along the edge of the Fourteen Mile Creek and its minor tributaries as described in the EIS 2014 and the witness statement of Ken Ursic and Don Fraser. The neighbourhood park and parkettes are distributed within the residential areas to ensure optimal accessibility, within a 5 minute walking radius as discussed in the witness statement of David Stewart. The distribution of parks and the intended design and programing of the parks is described in the Urban Design Brief and the witness statements of David Stewart and Bruce Johnson.! 14

16 6.8.9 Development is oriented towards Bronte Road and includes a mixed use node to support Bronte Road as a major regional arterial road and as a major transit route. The commercial uses of the gateway area are intended to face the minor collector road with on-street parking in front of the stores. Offices or residential units will be located above the shops Similar to Town staff s draft Merton OPA, two minor collector roads are proposed through the OPA lands. Although not shown, there is an opportunity to connect the northerly minor collector road south through the Deerfield lands in the future if the Town so desires when or if the Deerfield lands are ever redeveloped for urban uses The Bronte Green OPA provides that the northerly minor collector road should be 22 metres in width to provide for transit, active transportation opportunities and on-street parking. The southerly minor collector road should be 19 metres in width to provide for transit. These standards are based on the road standards found elsewhere in the Town and in particular in the North Oakville Secondary Plan. In the draft plan of subdivision, the northerly minor collector road widens to 25 metres at Bronte Road to provide for turning lanes and to allow for onstreet parking on both sides to support the mixed use node The northerly collector road is intended to link the major community elements including the mixed use node, and the neighbourhood park and provide opportunities for connection to the trail network along Fourteen Mile Creek The policies encourage single loaded roads abutting portions of the Natural Area and similar to Town staff s draft Merton OPA allow for such roads to be 15 metres wide. Low Density Residential The area designated low density residential is comprised of single detached dwellings. Livable Oakville establishes a maximum density of 29 units per site hectare for lands designated low density residential. In order to achieve a higher overall density, the Bronte Green OPA provides for a minimum density of 20 units per site hectare and a maximum density of 30 units per site hectare An exception policy is applied to the lands located at the southeast corner of Bronte Road and Upper Middle Road to indicate a road crossing of the tributary to Fourteen Mile Creek may be permitted subject to the completion of an Environmental Impact Study. Medium Density Residential The lands designated medium density residential are located along both sides of Bronte Road and south of the east-west collector road, adjacent to the Region s municipal offices. Limited Low Density Residential uses are permitted Medium Density Residential uses located adjacent to Bronte Road are to have a predominant minimum building height of 3 storeys in order to create a built form! 15

17 edge along the street. This policy differs from Town staff s draft Merton OPA with the addition of the word predominant. This word was added to provide some flexibility to allow some two storey building elements Livable Oakville establishes a maximum density of 30 to 50 units per site hectare in the Medium Density Residential designation. In order to achieve a higher overall density, the Bronte Green OPA provides for a density range of 40 to 60 units per site hectare. Main Street The Main Street 1 designation is proposed for lands along the minor collector road at the intersection with Bronte Road. This Main Street 1 designation will provide for a pedestrian oriented commercial area as a central focus for the neighbourhood. It will be a walkable, destination oriented node for the new residents of the neighbourhood promoting reduced car trips There is a listed heritage building in the Main Street 1 designated area, on the west side of Bronte Road. A site specific policy is currently proposed to allow the heritage building to be used for a range of uses including entirely for office use I have reviewed the witness statement of Ms. Victor. She proposes an additional Official Plan policy to address the transition of the listed heritage building to the surrounding Main Street 1 and Medium Density Residential designations. I concur with her opinion and support the inclusion of the policy in the Bronte Green OPA. I have added the new policy to the Bronte Green OPA contained in Attachment E The maximum height permitted in a Main Street 1 designation, under the Liveable Oakville Official Plan is 4 storeys with a minimum height of 2 storeys. Neighbourhood Park and Parkettes The Neighbourhood Park and the two parkettes are not shown on the land use schedule. However, policies contained in the Bronte Green OPA require a neighbourhood park and two neighbourhood parkettes to be provided and sets out locational criteria For the neighbourhood park, these criteria require it to be located along the minor collector road and to be located adjacent to or in proximity to a potential elementary school block and the policy notes that the co-location is to achieve land efficiencies through joint programming The draft plan of subdivision has been designed so that if a school is demonstrated to be required it can be located immediately abutting the neighbourhood park The Bronte Green OPA also sets out three criteria for location of the parkettes. These including supporting walkability located to support the enhancement of! 16

18 the Natural Area and located to support and enhance the mixed use node where feasible. The ability to meet these tests is addressed in Section 7 of this witness statement and in the witness statement of Bruce Johnson. Natural Area The natural heritage system as delineated by the Natural Area designation has been refined through a detailed systems approach as described in the EIS and the witness statement of Ken Ursic and Don Fraser In some areas, based on the science, the natural heritage system is larger than shown in Halton Region s ROPA 38 and in some cases it has been reduced. In my opinion, this refinement is permitted through Section of ROPA 38, which permits refinements to the Regional natural heritage system in the context of an individual Environmental Impact Assessment. The EIS 2014 and the EIS 2015 prepared by Beacon Environmental would constitute an individual Environmental Impact Assessment The Natural Area designation as depicted on the land use schedule includes all required buffers to the various natural heritage features as well as identified linkages and enhancements/restoration areas. Trails The Bronte Green OPA also contains policies on trails and requires that a trail system be provided along the western side of Fourteen Mile Creek with a pedestrian crossing to provide linkages to the planned trail system on the east side of the creek. Further it indicates that such trail system is to be provided primarily within the buffer areas adjacent to the Natural Area As shown in the draft plan of subdivision and described in Section 7 of this witness statement, the trail system follows the Fourteen Mile Creek and also utilizes the hydro corridor, which traverses the Merton Study Area and the Subject Lands. Opportunity to connect across the 14 Mile Creek valley to the trail system on the east side of the valley are provided through trail heads as described in the witness statements of Bruce Johnson and David Stewart.!! Urban Design A number of design policies are contained in the Bronte Green OPA that would apply in addition to those contained in Section 6 of Liveable Oakville. The ability of the draft plan of subdivision to meet these policies is addressed in the witness statement of David Stewart A number of the design policies address the Bronte Road street frontage treatment in the Medium Density Residential designation. The Bronte Green OPA states that reverse frontages and reverse lotting shall generally be avoided and may be permitted in recognition of land use constraints where other design solutions are not feasible.! 17

19 This policy differs from the version in the Town Staff s draft Merton OPA. The Town s version explicitly indicated that reverse lotting shall not be permitted. In some cases, due to the particulars of the geography it may not be possible to avoid reverse lotting. In my opinion, the policy in Attachment E provides a degree of flexibility to address local geographies while providing a strong policy intent for the intended lot pattern and a strong test of where exceptions may be permitted The proposed Bronte Green OPA policy in Attachment E is similar to policy in Liveable Oakville, which states, Reverse frontage lots should be avoided In the proposed draft plan of subdivision, the only location where reverse frontage lots have been provided is along Upper Middle Road. The reason for this treatment is due to the gas pipeline and hydro corridors that abut Upper Middle road and separate the development from Upper Middle Road by over 18 metres An additional policy has been added to state that window streets along Bronte Road shall be considered as a design solution where on-street parking on Bronte Road is not feasible. In my opinion, this is an appropriate policy design direction and is consistent with the treatment along Bronte Road to the north The design policies also address lots abutting the Natural Area and Fourteen Mile Creek. The policies indicate that views into the Natural Area are encouraged and that the land use treatment abutting the Natural Area and Fourteen Mile Creek is to be varied with a combination of residential lots, single loaded roads, open space and storm water management blocks. In my opinion, this policy provides for a balanced design solution. The ability of the draft plan of subdivision to meet these policies is addressed in the witness statement of David Stewart. 7.0 Overview of the Bronte Green Draft Plan of Subdivision and draft Plan of Condominium Application submission 7.1 A pre-submission consultation meeting was held on December 18, 2013 to discuss the proposed draft plan of subdivision, draft plan of condominium, and zoning bylaw amendment applications proposed to be filed by Bronte Green Corporation. 7.2 In March 2014, Bronte Green Corporation submitted applications for draft plan of subdivision and draft plan of condominium along with an application for zoning bylaw amendment. 7.3 The applications were accompanied by the following reports: Pedestrian Circulation and Trails Plan by Cosburn Giberson, February 24, 2014;! 18

20 Facility Fit Plan, by Cosburn Giberson (January 14, 2014); Planning Assessment Report (includes Character Assessment): 1401 Bronte Road, Oakville, Ontario by Sorensen Gravely Lowes Planning Associates Inc. (February 2014); Draft Zoning By-law Amendment, by Sorensen Gravely Lowes Planning Associates Inc. (February 2014); Bronte Green Urban Design Brief by John G. Williams Architect (February 25, 2014); Tree Inventory Plan, Tree Preservation Plan, and Tree Survey/Arborists Report by Cosburn Giberson (February 25, 2014); Conceptual Canopy Cover Plan, by Cosburn Giberson (January 14, 2014); Functional Servicing Report for the Bronte Green Property (includes SWM report) by DSEL (February 2014); Saw-Whet Property Environmental Impact Statement, Town of Oakville, Ontario by Beacon Environmental (February 2014); Traffic Impact Study: Bronte Green Subdivision, Merton Tertiary Plan, Oakville by Read, Voorhees, & Associates (February 2014); Stage 1 Archaeological Background Study: Proposed Bronte Green Subdivision by AMICK Consultants Ltd. (January 15, 2014); Bronte Green Capital Impact Assessment by Altus Group (February 19, 2014); Noise Control Feasibility Study: Proposed Residential Development Bronte Green Joint Venture Area, Oakville, Ontario by SS Wilson Associates, Draft (March 5, 2014); Merton Tertiary Planning Area Odour Study by Pollutech Environmental Ltd. (December 12, 2013); Geotechnical Investigation For The Proposed Residential Subdivision (Saw- Whet Golf Course) by Soil Probe Ltd. (April 17, 2012); Saw-Whet Property Environmental Impact Study, Town of Oakville, Ontario by Beacon Environmental (February 2014); and Phase Two Environmental Site Assessment: Proposed Residential Development 1401 Bronte Road, Town of Oakville by Soil Engineers Ltd. (October 25, 2013). 7.4 The application was deemed complete under the Planning Act on April 1, The Merton Planning Study terms of reference contemplate the submission of applications for draft plan of subdivision as one of the four components of the study. The terms of reference state that the applications may be made concurrent with the Tertiary Planning Study process. It further states that, the Town will use the technical reports, Tertiary Plan and peer review information to review the applications for Official Plan and Zoning By-law Amendments and Draft Plan(s) of Subdivision approval. 7.6 In support of the applications, SGL completed a planning assessment report dated February The report provided an overview of the history of the site, description of the proposal and an assessment of the current planning policy framework. The planning assessment report also summarized the findings of the! 19

21 supporting technical studies. The planning assessment concluded with a summary of how the proposed draft plan of subdivision has addressed each of the tests under Section 51(24) of the Planning Act. 7.7 In April 2015, the draft plan of subdivision was revised in part to respond to issues identified by OMB parties as listed in the draft Issues List and to continue to address conformity with the Bronte Green OPA. The revised draft Plan of subdivision is contained in Attachment F to this witness statement. The following revisions were made to the draft plan of subdivision/condominium: The neighbourhood park was shifted to the west side of the hydro corridor; Window streets were introduced along Bronte Road to eliminate backlotting onto Bronte Road; The southerly Parkette block was shifted to the north; Additional blocks of townhouses were added along the interface of Bronte Road, located on Streets D, and I. These townhouses are intended to be a minimum of 3 stories; Additional townhouses were also added along the property line abutting the Region of Halton Woodland Operations facility on Streets I and B. Townhouses along Streets I and B will be designed to mitigate potential noise impacts from the adjacent Public Works Facilities through special design restrictions as described in the witness statement of David Stewart and the joint witness statement of Hazem Gidamy and Brian Howe; An additional block of back-to-back townhouses was added between Streets E and F ; Adjustments were made to the alignment of the southerly minor collector road; The northerly minor collector road was shifted slightly to allow its extension west onto the Enns Lands without impacting the listed heritage dwelling; The road leading to the enclave north of the tributary (Street V ) was changed from a private road to a public road; and The common element condominium was limited to the field component of the development. As a result, the park located in the northern portion of the draft plan now fronts onto a public street (Street V ). 7.8 The following revised studies were submitted in April 2015 in support of the revised draft plan of subdivision: Saw-Whet Property Environmental Impact Study, Town of Oakville, Ontario by Beacon Environmental (April 2015); Functional Servicing Report for the Bronte Green Property by DSEL (April 2015); Bronte Green School Site Needs by Altus Group (April 24, 2015); Draft Official Plan Amendment by SGL Planning & Design Inc.; Traffic Impact Study: Bronte Green Subdivision, Merton Tertiary Plan, Oakville by Read, Voorhees & Associates (April 2015); Water Balance Assessment: Saw-Whet (Bronte Green) Property, Oakville, Ontario by R.J. Burnside & Associates Ltd. (April 24, 2015); Draft Zoning By-law Amendment by SGL Planning & Design Inc.; Bronte Green Urban Design Brief by John G. Williams (April 23, 2015); and! 20

22 Noise Control Feasibility Study: Proposed Residential Development, Bronte Green Joint Venture Area, Oakville, Ontario by SS Wilson Associates (April 24, 2015). 7.9 The Bronte Green plan of subdivision proposes a compact and walkable community, which is primarily a residential community consisting of a mix of housing types, and includes a gateway node of mixed use and higher density residential blocks at the main entrance to the community. Fourteen Mile Creek Interface 7.10 In the draft plan of subdivision, the Fourteen Mile Creek valley is protected and respectfully integrated into the plan as a defining character of the community through blocks 578, 579, 580, 581 and In additional, several additional blocks (Blocks ) amounting to 0.58 ha are proposed as enhancement areas to be added to the Natural Area. These areas have been identified in the EIS 2015 as areas of opportunity for restoration and enhancement of the proposed natural heritage system Views to the Fourteen Mile Creek and the Natural Area are provided in key areas. These include: along Street T where it abuts the Natural Heritage System, from the proposed trail along the hydro corridor where it crosses the minor tributary of the Fourteen Mile Creek, along Street B where it abuts the minor tributary of the Fourteen Mile Creek, along Street V where it crosses the minor tributary of the Fourteen Mile Creek, along Street W where it abuts the minor tributary of the Fourteen Mile Creek; along private road BB where it abuts the Natural Area from the Parkette block 569 where it abuts the minor tributary of the Fourteen Mile Creek; and from the Storm Water Management facility in block In my opinion, the proposed land use treatment along Fourteen Mile Creek valley is similar to the surrounding development context east of the Fourteen Mile Creek and north of Upper Middle Road. As well, north of Upper Middle Road and west of Bronte Road, newer residential communities have largely been designed to back onto the Fourteen Mile Creek and back onto the Bronte Creek Provincial Park with openings and trail connections largely at stream crossings. The Bronte Green draft plan of subdivision proposes a similar land use interface with the Fourteen Mile Creek. Open Space System 7.14 In addition to the Natural Area associated with the Fourteen Mile Creek, the open space system consists of a neighbourhood park, two parkettes, and two storm water management ponds. The neighbourhood park and parkettes are distributed throughout the community to ensure optimal accessibility through a 5 minute walk as further described in the witness statement of David Stewart.! 21

23 As required by the draft Bronte Green OPA, the Neighbourhood Park is located along the minor collector road and is located to provide the opportunity for a school site to abut the Neighbourhood Park if a school site is required. The neighbourhood park is proposed to be 2.06 ha. and is located adjacent to the hydro corridor, which capitalizes on the opportunity to connect to the trail system Parkette block 570 is proposed at 0.3 ha. and is located close to the mixed use node to support the residents of the node as is required by the draft Bronte Green OPA Parkette block 571 is proposed at 0.15 ha. and is located adjacent to the Natural Area to support the enhancement of the Natural Area as is directed by the draft Bronte Green OPA. This parkette is intended to service the residents of the northern residential enclave In addition, a number of other open space blocks are proposed to be dedicated to the Town but are not considered to contribute to the parkland dedication requirement due to their small size Two stormwater management facilities are proposed along the southern boundary of the subject lands, both of which are located in Block 572, which in total amounts to 3.53 ha The open space system is interconnected by the local road system and a trails system as discussed in the Bronte Green Urban Design Brief and the witness statement of Bruce Johnson. Bronte Road Treatment 7.18 The plan recognizes the role of Bronte Road as a major regional arterial road and as a transit corridor. Window streets are introduced along Bronte Road with higher density townhouses that front onto the window streets. As well back-to-back townhouses in Blocks 1, 2 and 3 and mixed use buildings in Main Street 1 blocks 567 and 568 will provide additional density to support the transit corridor In my opinion, the proposed window streets and lot pattern along Bronte Road is an appropriate treatment along Bronte Road and reflects a similar street and built form character along Bronte Road to the north, including within the Palermo Centre which is a designated Growth Area in Livable Oakville. Gateway 7.20 As required by the draft Bronte Green OPA, a gateway node consisting of mixed use blocks within the Main Street 1 designation are proposed at the intersection of Bronte Road and the northerly minor collector road. It is intended that commercial stores within these blocks will be built close to and face the minor collector road with on-street parking in front of the stores. Offices and / or residential units will be located above the shops. Other design treatments associated with the gateway as! 22

24 required by the draft Bronte Green OPA are discussed in the urban design brief and the witness statement of David Stewart. Transportation Network 7.21 As contemplated by the draft Bronte Green OPA, two minor collector roads are provided. A northerly collector road of 22 m. wide (Street A ) traverses the subject lands. Street A is located to allow for a future extension south to the North Service Road when or if the Deerfield golf course redevelops A southerly minor collector road with a width of 19 m. (Street C ) provides the opportunity to link Street A with the existing signalized intersection on Bronte through Halton Region s lands. This road connection is shown in both the draft Bronte Green OPA and in the Town staff s draft OPA The combination of Street A and Street C provide for a looped transit service through the proposed subdivision Mr. Cherepacha recommends, in his witness statement, a draft plan of subdivision condition to require an updated TIS which assesses the impact of a Street C connection through the Region s lands. Mr. Cherepacha advises that if after submission of the updated TIS, the Region chooses not to construct a public road through the Woodlands Centre, transit service could be accommodated, if required, through a combination of Street A, Street C and Street B. Mr. Cherepacha further recommends an additional draft plan condition to require in the event that Street C is not extended to Bronte Road a study be conducted on the appropriate means to accommodate transit service, and any revisions to road right of way widths, if required, to accommodate the transit service Within the draft plan, two access points are provided to Bronte Road through Street A and Street B. Although Street B is a local road it has a wider right of way including a 21.5 metre right of way at Bronte Road to accommodate turn lanes as recommended by Mr. Cherepacha A modified grid network of local roads is proposed with right-of-way widths of 16 m. and 18 m. These local road widths are reflective of North Oakville standards The alignment of Street A east of the hydro corridor has been designed to follow the easement associated with the regional trunk sewer line so that the trunk sewer line easement is brought into a municipal right of way. The right of way width of Street A of 22 metres is wider than the trunk sewer easement. West of the hydro corridor the regional trunk sewer easement is proposed to be brought into public ownership through the Natural area, associated enhancement areas and Street B I am advised by David Shaeffer and Mike Baldesarra that it is typical for major infrastructure such as the Regional trunk sewer line to be located in a municipal road right way.! 23

25 A few private yards are located over the easement at the cul-de-sac of Street U (Lots 436, 521, and 517). However, these are large lots that are in the range of 16 to 20 metres wide and the easement affects the side or front yards of these lots. As such, buildings on these lots can be located to avoid the easement. Should the Region prefer the easement to be in public ownership, the draft plan can be redlined to do so without a significant change in lot configuration. Lot types, housing types and densities 7.28 A diverse range of housing types and densities is proposed from apartment units in a mid-rise mixed use building to large executive lots with the densities generally transitioning from higher density housing forms adjacent to Bronte Road to low density large lot housing forms abutting the Natural Heritage System along the Fourteen Mile Creek The large executive lots with frontages in the range of 18 m. and greater are located along the interface with the Fourteen Mile Creek valley on Streets S, T and U and in the field enclave. Densities gradually increase towards the hydro corridor with lots in the range of 13 m. to 15 m. width. The lot depth of these areas range from 27.5 m. to 32.5 m.; yielding lot sizes in the range of 357 sq.m. to approximately 495 sq.m The densities increase west of the hydro corridor with smaller single detached lot frontages predominantly between 10 m. to 13 m. in frontage located between the hydro corridor and Street B. The lots between Street B and the hydro corridor are generally 27.5 m. deep, yielding lot areas of between 286 sq.m. and 357 sq.m The density further increases between Street B and Bronte Road, and between Street C and the Regional offices, reflective of the proposed Medium Density Residential designation. The lot fabric is composed of single detached and townhouse lots. The single detached lots are a mix of 10.4 m. and 11.6 m. lot frontages. The lots are for the most part 27.5 m. deep, which yield lot areas in the range of 286 sq.m. to approximately 319 sq.m Three areas of townhouses are proposed: along the interface of the Regional offices and the Woodlands Operations Centre, along the interface of Bronte Road, and adjacent to the Main Street blocks. The width of each townhouse unit is expected to be 7.5 m. in blocks of up to 12 units on 27.5 m. deep blocks. The individual townhouse lots are generally expected to be 206 sq.m. and larger The Townhouse blocks backing onto the Region s Woodlands Operation Centre are situated to assist in mitigating noise from the Woodlands Operation Centre as described in the reports and joint witness statement of Hazem Gidamy and Brian Howe. The buildings are proposed to be designed to block the potential noise from the source into other parts of the subdivision while creating an appropriate living environment for the residents of the townhouses through limitation on windows to habitable space above grade facing onto the Woodlands Operation Centre as described in the witness statement of David Stewart and the joint witness statement of Hazem Gidamy and Brian Howe.! 24

26 7.34 Seven blocks of back-to-back towns are proposed in the medium density residential designation south of Street C. This area of street and back- to-back townhouses is intended to act as a transition between the low density residential / detached dwellings to the north, and the Regional complex to the west and south. Three back-to-back townhouse blocks are also proposed north of the Main Street Block 567 between Streets E and F. These townhouses are intended to act as transition between the Main Street block to the south and the single detached units to the north. The back-to- back townhouse units are generally 6 metres wide and 13.5 m. deep. The resultant lot areas are expected to be 82 sq.m. for each backto-back townhouse unit Table 1 outlines the proposed lot types, numbers, and density (units per site ha) by land use designation. The overall net site density for the plan is 27 units per hectare. In addition, there is an estimated unit yield of 100 units in the Main Street 1 designation. This would result in an overall growth plan density of 57 persons and jobs per ha. Although the site is an intensification site as it is within the builtup area of the Town and the density targets don t apply, this number was calculated for density comparison purposes. The table also demonstrates that the residential densities resulting from the draft plan of subdivision fall within the minimum and maximum density ranges of the draft Official Plan Amendment. Table 1. Land Use Designation, Lot Size, and Density Proposed Official Plan Designation Proposed lot width (m.) # Proposed units Proposed Area (ha) Low Detached 10.4 x Detached 11.6 x Detached 12.8 x Detached x Detached x Detached x Residential Condo 18.3 x Residential Condo 20.0 x Sub-total Low Medium Townhouses 7.5 x Townhouses 8.1 x Back to Backs 6.1 x Detached 10.4 x Detached 11.6 x Detached 12.8 x Detached x Sub-total Medium Total Overall Proposed density (units/site ha)! 25

27 7.36 Section 51 (24) of the Planning Act lists the matters that plans of subdivision shall have regard to. The following provides a summary of how the proposed draft plan of subdivision has addressed to each of these matters, as discussed in Section 7 of the Planning Assessment Report: 51 (24) a) The effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2 of the Planning Act In my opinion, matters of provincial interest include, among others, the protection of natural areas, the conservation of heritage features, the development of safe and healthy communities, the provision of a full range of housing opportunities, and sustainable development, among others Natural areas will be protected as described in this report and the EIS The proposed subdivision contains a mix of housing opportunities with single detached dwellings, townhouses, back-to-back townhouse dwellings, and a high density residential block Affordable housing opportunities are provided through the back-to-back townhouse dwellings and the apartment units Community design measures, as described throughout this report, have been carefully considered and provided to ensure the development of a safe and sustainable community. 51 (24) b) whether the proposed subdivision is premature or in the public interest; The subject proposal provides for residential intensification, protection and enhancement of the Natural Heritage System, public trails, a public open space system, the management of stormwater and an improved network of connected roads. All of these matters are in the public interest. 51 (24) c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; The proposal conforms to the general intent of the Official Plan, and once the proposed Official Plan Amendment is approved, it will fully conform to the Town s Official Plan The proposed Bronte Green OPA sets out a density range for the Low Density Residential designation of 20 to 30 units per site hectare, and 40 to 60 units per site hectare for Medium Density Residential. The proposed draft plan provides densities of 21 units per site hectare in the Low Density Residential area and 41 units per site hectare in the Medium Density Residential area. The draft plan conforms to the proposed Bronte Green OPA in this regard.! 26

28 51 (24) d) the suitability of the land for the purposes for which it is to be subdivided; The land is suitable for the proposed subdivision and uses. The land is designated for urban uses in an approved plan, is readily serviceable, and is largely free of constraints. 51 (24) e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them; The number, width, location and proposed grades of all streets are appropriate. The proposed roads meet the Town s engineering standards in terms of location and width. The proposed grades on the subject lands do not exceed the Town s standards. 51 (24) f) the dimensions and shapes of the proposed lots; The layout of the proposed subdivision represents an efficient use of land containing a range of lot and block sizes laid out efficiently to create a compact, walkable community. 51 (24) g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structure proposed to be erected on it and the restrictions, if any, on adjoining land; Existing and proposed easements on the subject lands are shown on the draft plan of subdivision. Conditions of draft plan of subdivision approval will set out any necessary and appropriate conditions on matters to be addressed prior to the registration of the subdivision as discussed in Paragraph 7.37 of this witness statement. 51 (24) h) conservation of natural resources and flood control; Natural heritage features on and abutting the subject lands will be protected with buffers and enhancement areas. All flood plain areas fall with the Natural Area designation as protected through blocks in the draft plan. 51(24) i) the adequacy of utilities and municipal services; As described in this report, the proposed plan of subdivision is located within the Town s Urban Area on lands subject to the Merton Planning Study. The Functional Servicing Report by DSEL (February 2014 revised April 2015) has examined the availability and planned provision of municipal services and has determined that the subject lands can be adequately serviced. 51 (24) j) the adequacy of school sites; There are no proposed school sites on the subject lands. The Halton Catholic District School Board has not requested a school site. As set out in the witness statement of Daryl Keleher, public school needs of the subdivision can be met through capacity in existing schools. However, if it is determined that a school site is determined to be required within the draft plan of subdivision, it! 27

29 can be provided for acquisition by the school board within the area bound by Block 571, Street A, Street B and Street K. 51 (24) k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes; A total of 2.51 ha is dedicated to parkland ha in the Neighbourhood Park Block 571, 0.3 ha in the Parkette Block 570 and 0.15 ha in the Parkette Block 569. There are developable hectares on the subject lands (excludes lands within the Natural Heritage System and Enhancement Areas). Section of the Livable Oakville Plan, requires 5% of this land area to be dedicated to the Town for Parkland purposes. 5% of the developable land area is equal to 2.44 hectares. As such, there is an over dedication of parkland. 51 (24) l) the extent to which the plan s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and The proposed subdivision is designed as a modified grid system of streets that provide multiple connections to Bronte Road. With the provision of transit opportunities, a walkable grid block pattern, pedestrian and trail connections to facilitate movement through the community, and a mixed use node at Bronte Road, the subdivision design optimizes the conservation of energy by reducing dependence on and use of personal vehicles. 51 (24) m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area The majority of the subject lands is not subject to site plan control. The main street blocks are subject to site plan control. The development of these blocks will address all site plan control matters at the time that site plan approval is sought. Proposed Draft Plan Conditions 7.37 I have prepared a list of conditions of draft plan approval to accompany the draft plan of subdivision. These conditions include standard conditions of the Town as well as specific recommendations of the consultants retained by Bronte Green. The list of conditions is contained in Attachment G to this witness statement. Based on the evidence I hear at the Ontario Municipal Board hearing, I may recommend additional or modified conditions to the Board. Draft Plan of Condominium 7.38 The draft plan of subdivision provides for an area in the subdivision plan to be subject to a draft plan of condominium. This area includes Road BB and lots 556 to In my opinion, the area subject to a draft plan of condominium is appropriate as it efficiently utilizes an irregular shaped parcel of developable tableland defined by the Natural Area designation and the hydro corridor and minimizes impact on the natural heritage system that would have resulted from a public road access into! 28

30 the area This proposed land use and pattern of development is consistent with a similar single detached condominium development located on the east side of the Fourteen Mile Creek valley on Ravine Gate. 8.0 Overview of the Bronte Green Zoning By-law Amendment 8.1 The application to amend Zoning By-law was submitted together with the draft plan of subdivision application, and was deemed complete by the Town on April 1, In April 2014, the Ontario Municipal Board partially approved the Town s new Zoning By-law Bronte Green was advised by Town of Oakville planning staff that its zoning by-law amendment will be treated as an application to amend both the existing and future zoning applicable to the subject lands. Accordingly, Bronte Green updated its proposed zoning by-law amendment to reflect amendments to the partially approved Zoning By-law and to those sections of Zoning By-law that are still in force and effect. The revised zoning by-law amendment was circulated to OMB parties on April 24, While the subject lands are located within the built-up area of Oakville, its unique greenfield characteristic is reflective of the conditions of North Oakville, and as such, the proposed site specific exceptions, including general provisions and definitions are in-line with the provisions and definitions of the North Oakville Zoning By-law The proposed zoning by-law amendment as revised in April 2015 amends By-law and rezones the subject lands that are zoned O2 Private Open Space to: Residential Low (RL), Residential Medium (RM), Main Street 1 (MU1), Stormwater Management Facility (SMF), Park (O1), and Natural Area (N). 8.5 The boundary of the zones reflects the land use designation boundaries of the proposed Bronte Green OPA. The draft zoning by-law is included in Attachment H to this witness statement. 9.0 Policy Review 9.1 My evidence at the Ontario Municipal Board hearing will address conformity of the proposed Bronte Green OPA and the Bronte Green Draft plan with the relevant! 29

31 planning documents including the Provincial Policy Statement 2014, the Growth Plan for the Greater Golden Horseshoe, the Region of Halton Official Plan and Livable Oakville. 9.2 My evidence will refer to my opinion on these documents set out in two Planning Assessment reports that I prepared in support of the Bronte Green applications. These include the Planning Assessment Report, Northeast Area of Bronte Road and QEW, Application for Official Plan Amendment, May 2014 and the Planning Assessment Report, 1401 Bronte Road, Oakville Ontario, February 2014 prepared in support of the proposed draft plan of subdivision on zoning by-law amendment. 9.3 In the May 2014 report, I will refer to my opinion on policy conformity set out in Section 5 of the report. 9.4 In the February 2014 report, I will refer to my opinion on policy conformity set out in Section 5 of the report. 9.5 Two policy aspects discussed in these reports have changed First, both reports state that the Regional Natural Heritage System policies in ROPA 38 are unapproved. These policies have since been approved by the Ontario Municipal Board. Nonetheless, this does not change my opinion contained in these reports as my opinion discussed and assessed the unapproved policies, which are now approved. However, one policy reference is slightly changed. Policy 115 of the unapproved ROPA 38 as referenced in the Planning Assessment Report is now Policy in the approved Halton Region Official Plan Second, the February 2014 report tested consistency of the draft plan and zoning by-law against the 2005 PPS. The 2014 PPS is now the applicable policy statement. Nonetheless the policy references contained in the report largely remain unchanged and my opinion on those would equally apply to the similar policies in the 2014 PPS. Where referenced policies were changed slightly in the 2014 PPS, I have reviewed the changes and my opinion remains unchanged. In addition, I have addressed these same 2014 PPS policies in my May 2014 report. However, a few additional 2014 PPS policies warrant review in terms of the consistency of the draft plan with these policies Policy h) provides that healthy and livable and safe communities are sustained by promoting development and land use patterns that conserve biodiversity and consider the impacts of a changing climate My opinion with respect to consistency of the Draft Bronte Green OPA is contained in the May 2014 report. In my opinion, the proposed draft plan of subdivision and implementing zoning by-law are also consistent with this policy by protecting the identified natural heritage features in the NHS blocks and by providing for a block pattern, diversity of densities and land uses! 30

32 including parks and a mixed use gateway that support active transportation and a local transit service With respect to Policy and my evidence on it, the current draft plan could accommodate approximately 860 residential units on ha of development land for a growth plan density of 57 persons and jobs per hectare My opinion on policies and of the PPS as contained in my May 2014 report applies equally to the draft plan of subdivision Issues 10.1 Issue 1: Are the applications consistent with the Provincial Policy Statement, 2014, and do they conform with the Growth Plan for the Greater Golden Horseshoe, 2006, the Greenbelt Plan, 2005 and the Parkway Belt West Plan? My opinion on consistency with the Provincial Policy Statement, 2014 and conformity with the Growth Plan is addressed in Section 9 of this witness statement and in the Planning Assessment reports that I prepared in support of the draft Bronte Green OPA, the Draft Plan of Subdivision and the draft zoning by-law amendment None of the lands within the proposed Bronte Green OPA or proposed draft plan of subdivision are located within the Greenbelt Plan Area as such in my opinion the document is not relevant to this hearing With respect to the Parkway Belt West Plan, the hydro corridor that traverses the subject lands as well as the hydro corridor that abuts Upper Middle Road remain in the Parkway Belt West Plan. No change is proposed to those lands or to the policy framework of the Parkway Belt West Plan that applies to those lands The Enns lands west of Bronte Road remain in the Parkway Belt but have been designated Urban Area in the Halton Region Official Plan, but are shown as still within in the Parkway Belt West Plan. The landowner of those lands has filed an application to remove the lands from the Parkway Belt West Plan. In my opinion, it is appropriate to plan for urban land uses on the lands similar to the approach used by the Region in the event that the Parkway Belt West Plan is lifted from those lands I have reviewed the Witness Statement of Ruth Victor and concur with her evidence regarding this matter and support her proposed schedule refinement to the draft Bronte Green Official Plan to show the Parkway Belt West Plan as an overlay on the proposed urban designations on the Enns lands.! 31

33 10.2 Issue 2: Do the applications conform to the applicable Livable Oakville policies, including but not limited to Policy 26.6? My opinion on conformity with Livable Oakville is addressed in Section 9 of this witness statement and in the Planning Assessment reports that I prepared in support of the draft Bronte Green OPA, the Draft Plan of Subdivision and the draft zoning by-law amendment With respect to Policy 26.6, it is quoted in paragraph 5.1 of this witness statement. It indicates that the lands should be comprehensively studied to determine future land uses and policies In my opinion, the lands have been comprehensively studied through the Merton Planning Study. That study identified options for future land uses, which were presented to the public and identified a preferred land use option which was also refined and presented to the public. The draft Bronte Green OPA implements that preferred option as it applies to the OPA lands Further, in my opinion, the policy does not require one comprehensive Official Plan Amendment to implement the comprehensive studies. That direction is indicated through when it references approvals for individual site development applications in these areas. The Town s Terms of Reference for the Merton Planning Study also contemplated that multiple Official Plan Amendments may occur when it stated that, the Tertiary plan will be implemented by amendment(s) to the Livable Oakville Plan and through applications for draft plan of subdivision approval. The terms of reference also stated that, The Town may consider the early approval of specific applications for the Saw Whet and Third Line lands, provided such applications can function independent of adjacent lands within the Study Area. This statement also clearly contemplates that multiple Official Plan Amendments may implement the findings of the Merton Planning Study Policy states that, approvals for individual site development applications in these areas shall be considered premature until the necessary comprehensive studies are completed. In my opinion and based on the advice of the consultants retained by Bronte Green, the necessary comprehensive studies have been completed Three submissions of technical studies have been completed and submitted which have addressed all the matters raised by the peer review consultants and agencies. Three land use options were prepared; the options were evaluated by the technical consultants and a preferred option selected and presented to the public. The agencies may not agree with the findings of the comprehensive studies, but the studies have been completed to provide appropriate direction at an OPA level.! 32

34 The terms of reference are clear that additional more detailed studies will be required in support of site-specific planning applications. The completion of those site-specific studies is not in my opinion required for the intent of Policy to be met Further, the March 24, 2014 staff report stated that, a substantial amount of work has been completed through the second submission of the technical studies. Based on the information submitted to date, there is sufficient information to define the general areas of developable lands within the Merton Planning Study area and to establish the policy framework to guide the review of development applications. This statement indicates that staff were comfortable that the comprehensive studies were sufficiently complete to allow for official plan amendments to be approved Issue 3: Do the applications conform with the designations of the Regional Official Plan? In particular, a) Is a Regional Official Plan Amendment required to redesignate the lands identified as Vegetation Unit 12 from Regional Natural Heritage System to Urban Area? b) If the answer to a) is yes, should the proposed amendment be considered in the context of a municipal comprehensive review and not a private amendment? In my opinion a Regional Official Plan Amendment is not required to redesignate the referenced lands from Regional Natural Heritage System to Urban Area As I addressed in my May 2014 Planning Assessment Report, Policy (b) states that the boundary of the Regional Natural Heritage System may be refined through an individual Environmental Impact Assessment. Such study was undertaken in support of both the Merton Planning Study and in support of the site specific application for draft plan of subdivision Further Section states that, once approved through an approval process under the Planning Act, these refinements are in effect on the date of such approval. The Region will maintain mapping showing such refinements and incorporate them as part of the Region s statutory review of its Official Plan. In my opinion, this policy indicates that refinements can be reviewed and approved through the planning approval process, but an ROPA is not required to implement the refinements and all refinements will be incorporate by the Region through its regular reviews of its Official Plan Issue 4: Do the applications conform to the Regional Official Plan? My opinion on conformity with the Region of Halton Official Plan is addressed in Section 9 of this witness statement and in the Planning Assessment reports that! 33

35 I prepared in support of the draft Bronte Green OPA, the Draft Plan of Subdivision and the draft zoning by-law amendment Issue 5: Are the applications premature or in the public interest? In my opinion the applications are not premature. The lands are located within the urban area and are part of the built-up area. The comprehensive studies required by Livable Oakville have been completed as per my evidence on Issue 2. Both the proposed OPA application and the draft plan of subdivision and zoning applications were deemed complete with all required studies completed and submitted. I am advised by David Schaeffer and Mike Baldesarra that the lands can be serviced with municipal water and sanitary services and there is capacity to accommodate the proposed development In my opinion, the proposed Bronte Green OPA, draft plan of subdivision and zoning by-law amendment provide for residential intensification, support for public transit along Bronte Road, protection and enhancement of the Natural Heritage System, creation of public trails through the new community and along the edge of the Natural Heritage System, a public open space system, and efficient use of existing infrastructure. All of these matters are in the public interest Issue 6: Has the proposed development incorporated the appropriate separation, buffers and transition areas from the existing Halton Regional Centre, Woodlands Operation Centre, the Mid Halton Wastewater Treatment Plant and the proposed Halton Regional Police Headquarters? The proposed Halton Regional Police Headquarters is to be located on the south side of the Region s Office buildings adjacent to the North Service Road. I am not aware of any evidence that would suggest that a police headquarters located that distant from a proposed residential development and with intervening land use of an office building would require separation, buffers or additional transitional area The proposed residential development is located over 300 metres from the Mid Halton Wastewater Treatment Plan which is the minimum separation distance requested by the Region. I am advised that the odour consultants have concluded that there are no significant odour concerns A series of noise studies of the Woodlands Operation Centre and the Halton Region Centre have been undertaken. The noise reports by SS Wilson and HGC Engineering and the joint witness statement of Hazem Gidamy and Brian Howe indicate that, through recommended mitigation measures, the proposed residential development can meet the MOE noise criterion. As a result, no additional separation, buffers or transitional areas beyond those recommended by Mr. Gidamy and Mr. Howe are required.! 34

36 In my opinion, it is also appropriate to locate higher density built forms such as townhouses and back-to-back townhouses adjacent to a major office building as a transition in mass and density to the low density residential area Issue 7: Does the application comply with the current Provincial Policy Statement and Conservation Halton s planning and regulatory policies, which do not support development (including new lots and transportation corridors) within the regulated natural hazards or allow for development to aggravate existing natural hazards? I am advised by Mr. Schaeffer and Mr. Sabourin that the flood hazard is contained within the Fourteen Mile Creek Valley and its tributary and the related Natural Area designation. As well, I am advised that erosion within this area will not be aggravated. As such no new lots are proposed within any hazard nor will the development of new lots aggravate existing natural hazards. Furthermore, I am advised that the proposed crossing of the Fourteen Mile Creek tributary will be designed such that there is no increase in flood risk or aggravation of erosion hazards Issue 8: Will the lots adjacent to Deerfield lands be affected by the active golf course operation? The subject lands abut the Deerfield golf course on the south and a portion of the east side of the subject lands The majority of the southern interface with Deerfield golf course is proposed to consist of two stormponds contained in block 572. Only 6 lots back onto the Deerfield golf course along the southern interface. In this location, hole 4 abuts the 6 lots. This is a short par 3 hole. Although a shorter par 3 hole will in itself minimize errant balls, there still may be errant balls that enter the rear yards of the 6 lots. However, it is not an unusual condition to have lots back onto golf courses and in fact many golf courses are designed to do so. Errant balls can be minimized through typical ball-fence screening. As well, a hedgerow currently exists along the property line of Deerfield and Bronte Green only a part of which is located on Bronte Green. The abutting lots as proposed are relatively deep, and there may be opportunity to retain some of the hedgerow that is located on the Bronte Green lands to act as a buffer. I recommend as a draft plan of subdivision condition that at detailed engineering, the feasibility of retaining some or all of the hedgerow in lots 354, 355, 408, 551, 550 and 497 be explored. I recommend a further draft plan condition that requires Bronte Green to explore with Deerfield Golf Course appropriate ball-fence screening along the rear of the above mentioned lots. I am aware that ball-fence screening/netting is currently located adjacent to the parking lots on the Region s headquarters.! 35

37 The eastern interface is separated from Deerfield by the hydro corridor owned by Infrastructure Ontario. This is a similar relationship to that of the Region s offices where the parking lots back onto the hydro corridor. Further, a hedgerow exists on the Deerfield side of the hydro corridor, which would further separate the homes along Street O from the golf course Issue 50: Are the proposed uses, densities, heights and built forms appropriate? In my opinion the proposed uses, densities, heights and built forms are appropriate. The proposed uses are those that resulted from the evaluation of options during the Merton Planning process The permitted heights of the Low Density Residential, Medium Density Residential and Main Street 1 designations are as set out in Livable Oakville The proposed built forms of single detached, townhouse, back-to-back townhouse and mixed use buildings are consistent with those permitted in the above mentioned designations in Livable Oakville My opinion on the permitted densities in the draft Bronte Green OPA is set out in paragraphs through of this witness statement. In these paragraphs I note that the minimum and maximum density range proposed in the draft Bronte Green OPA is higher than that in Livable Oakville. In my opinion that is appropriate. In Table 1 of this witness statement, I identify the resulting densities of the proposed draft plan of subdivision and find that the densities are within the range of that permitted in the draft Bronte Green OPA. In my opinion those densities are appropriate and are consistent with similar new development in similar designations elsewhere in Oakville Issue 51: Do the applications meet the urban design policies and guidelines of the Town and otherwise represent good urban design? My February 2014 Planning Assessment Report on the draft plan of subdivision and zoning by-law amendment applications assessed the conformity of the proposed draft plan and zoning by-law with those urban design policies relevant to the design of the draft plan I have reviewed the witness statement of David Stewart. He addresses and provides opinion as an urban designer on the applicable urban design policies in Section 6 of Livable Oakville. I concur with his opinion on those policies Issue 52: Is there sufficient pedestrian and visual access to the ravine, and has an adequate trail system including a pedestrian linkage across the Fourteen Mile Creek been designed and provided?! 36

38 The draft Bronte Green OPA requires that a trail system be provided along the western side of Fourteen Mile Creek A Pedestrian Circulation and Trails Plan is contained within the Urban Design Brief (March 2015). The Pedestrian Circulation and Trails Plan illustrates a significant trail system along the edge of the Fourteen Mile Creek, which provides consideration opportunity for pedestrian and visual access to the Natural Area. The majority of this trail occurs through the buffer to the Natural Area. The adjacent Natural Area along the main tributary of the Fourteen Mile Creek is heavily forested up to and in some cases beyond the top of bank. As such there are very limited existing view opportunities into or across the Fourteen Mile Creek valley. The appropriateness of the trail system is further discussed in the witness statement of Bruce Johnson I have included a draft plan condition in Attachment G requiring that the specific location and design of the trail system be determined at detailed engineering and additionally require in the subdivision agreement that the trail within the Bronte Green property be constructed in accordance with the detailed design The draft Bronte Green OPA also requires that the trail system include pedestrian bridge crossings to provide linkages to the planned trail system on the east side of the creek The Fourteen Mile Creek Valley is in the ownership of Infrastructure Ontario and I am led to believe that it is under lease by the Town. Bronte Green owns no part of the valley associated with the main tributary of the Fourteen Mile Creek. As such, Bronte Green has no way of ensuring that a pedestrian linkage across the Fourteen Mile creek and any association pedestrian bridge crossing is constructed. Bronte Green can however provide for a trailhead at an appropriate location on its lands that can be the terminus for the linkage across the valley I have included a draft plan condition in Attachment G that requires Bronte Green to work with the Town and Infrastructure Ontario to identify an appropriate location for a pedestrian connection across the valley and the construction of a trailhead at the western terminus of the trail on Bronte Green s lands Issue 53: Are the road pattern and pattern of driveway access points appropriate? In my opinion and considering the urban design advice of David Stewart the pattern of roads and driveway access points is appropriate The road pattern is that of a modified grid. It is not a full grid, as it must respond to the constraints imposed by the irregular shape of the property and the boundary of the natural heritage system.! 37

39 The pattern of driveway access points along the minor collector roads is appropriate. The lot pattern is a combination of flankage and direct frontage lots with a range of lot frontages include lot frontages in excess of 15 metre. In my opinion this lot pattern and resulting driveway access is appropriate and is consistent with the pattern found on many other minor and major collector roads in west Oakville and in North Oakville. On minor collector roads such as Valleyridge Drive and major collector roads such as Colonel William Parkway, Westoak Trails Blvd, Grand Oak Trail, Pine Glen Road and Heritage way a very similar lot and driveway pattern exists. Similar patterns are also provided in the most recent subdivisions in North Oakville East Issue 54: Is the lotting pattern appropriate? In my opinion the lotting pattern is appropriate. As described elsewhere in this witness statement, the proposed draft plan of subdivision provides for a range of lot sizes which transition from the largest lots adjacent to the Fourteen Mile Creek Valley to the smallest lots near Bronte Road. In my opinion, that transition in lot sizes is appropriate and represents good community design. It follows a similar intent to that of the North Oakville East Secondary Plan with the Sub-urban designations closest to the Natural Heritage System All of the lots face directly onto a public road except for those lots (lots 556 to 566) located in the condo and face onto a private condominium road All of the lots have sufficient frontage and depth to accommodate a dwelling and meet the zoning requirements in the draft zoning by-law amendment Townhouses and back-to-back townhouses are an appropriate housing form and the intended block patterns and locations for those housing forms is appropriately situated in the Medium Density Residential designation Issue 61: Are the proposed parklands properly located and appropriate in size and configuration? I rely on the evidence of Mr. Bruce Johnson for the appropriate size and configuration of the parks In my opinion the proposed neighbourhood park and two neighbourhood parkettes are properly located as set out in paragraphs 7.10 through 7.12 of this witness statement The neighbourhood park was moved to the west side of the hydro corridor in the April version of the draft plan of subdivision in order for it to be co-located with a school site if a school site is required. The school board indicated that it did not want a school site adjacent to the hydro corridor. If the school site is not! 38

40 required, in my opinion, an equally appropriate neighbourhood park location would be in a similar location to that shown in the March 2014 version of the draft plan of subdivision. In the current proposed draft plan of subdivision, the location would be in the area bound by Street A, Street C, Street K and the hydro corridor. This area would provide for a Neighbourhood Park of up to 2.3 ha Issue 62: Is there adequate provision for a school site(s)? The Bronte Green OPA requires in Policy c) i) that opportunity for an elementary school block be provided through the development process. In my opinion, this policy provides an appropriate level of provision for a school site at an Official Plan level and allows for further confirmation at time of draft plan of subdivision of whether a school site is required I have reviewed the witness statement of Daryl Keleher. His recommendation is that a school site is not required on the Bronte Green lands. I rely on his evidence in this regard Issue 63: (a) Is it good planning, and would it comply with Sections 1.1, 2, 3(5) and 51 of the Planning Act, to approve the development applications without provision for an elementary school site within the subject lands? (b) Assuming a school site is required, where in the plan of subdivision should it be located, and what size and configuration should it be to ensure that it is adequate I have reviewed the witness statement of Daryl Keleher and I agree with his opinion that approval of the development application without provision for an elementary school site would comply with the noted sections of the Planning Act Based on Mr. Keleher s evidence, I am satisfied that there will be an adequate provision and distribution of educational facilities I agree with Mr. Keleher s evidence that approving the draft plan of subdivision application without a school site is consistent with the PPS. In my opinion, PPS policies regarding efficient use of land and infrastructure; provision of public service facilities in an efficient and cost effective manner; optimization of public service facilities are relevant to whether a school site should be provided on the Bronte Green lands when capacity exists in existing nearby elementary schools If the Board determines that a school site should be provided on the Bronte Green lands, it can be accommodated as noted in paragraph of this witness statement. The location would provide for a school site of up to 2.03 hectares.! 39

41 In my opinion, this would be an appropriate location which locational criteria in the Bronte Green OPA including a location on the minor collector road; located close to Bronte Road to minimize traffic infiltration, and located adjacent to the neighbourhood park to allow for joint use and a reduction of land requirements Issue 64: Is there an adequate policy framework to address the heritage building west of Bronte Road? The draft Bronte Green OPA contains an exception policy in that refers to the listed heritage building and allows for a range of uses including office uses I have reviewed the witness statement of Ruth Victor. She has proposed an additional policy to require a compatible built form context adjacent to the listed heritage building. The proposed policy is as follows: On the lands designated Main Street 1 on the west side of Bronte Road, a low-rise compatible built form shall be considered adjacent to the listed heritage resource. Where feasible, existing trees should be preserved on the listed heritage resource property I concur with her opinion and support the revised policy, which I have added to the draft Bronte Green OPA contained in Attachment E to this witness statement Issue 26: Has the application ensured that stormwater management practices are consistent with the PPS 2014 in terms of changes in contaminant loads, water balance and erosion, human health and safety, vegetative and pervious surfaces and implementation of best management practices? I have reviewed the joint witness statement of David Schaefer and Mike Baldesarra and based on their technical analysis, I am satisfied that the analysis in support of the draft plan of subdivision is consistent with policy of the PPS Conclusion 11.1 The draft Bronte Green OPA is based on the Town staff s proposed OPA and has appropriately considered all background technical analysis undertaking as part of the Merton Planning Study The draft Bronte Green OPA can be approved independent of other lands in the Merton Planning Study area as contemplated by Section 26.6 of the Town Official Plan and the Merton Planning Study Terms of Reference.! 40

42 11.3 The draft Bronte Green OPA conforms to the Growth Plan, is consistent with the PPS, conforms to the Region of Halton Official Plan and conforms to and is internally consistent with Livable Oakville In my opinion the Bronte Green OPA represents good planning, and I recommend it be approved by the Ontario Municipal Board The proposed draft plan of subdivision, zoning by-law amendment and draft plan of condominium appropriately implement the Bronte Green OPA and conform to or are consistent with the relevant policy regime The proposed draft plan of subdivision conforms to Section 51 (24) of the Planning Act The implementing draft plan of subdivision and zoning by-law amendment provide for the protection of the natural heritage system; create a compact, walkable and transit supportive neighbourhood; create a pedestrian oriented, mixed use node at the entrance to the neighbourhood; provide for an appropriate distribution of parkland and allows for the provision of trails to support active transportation and link the neighbourhood to the existing neighbourhoods to the north and east The proposed draft plan of subdivision, zoning by-law amendment and draft plan of condominium represent good planning, and I recommend these instruments be approved by the Ontario Municipal Board. Respectfully submitted, Paul Lowes, MES, MCIP, RPP!! 41

43 Paul Lowes MES, MCIP, RPP Principal Paul Lowes is a principal at SGL. Paul began his career as a policy planner with the City of Etobicoke, and has since provided policy and land use assistance to a broad range of municipalities and development clients. His practice focuses on large scale policy matters for municipalities as well as for policy related development approvals. Paul is regularly retained by municipalities to undertake policy studies, natural heritage policy studies, zoning bylaw reviews and other conformity exercises. He is also retained by the private sector for large scale development and redevelopment projects. Paul often leads large multi-discipline consulting teams on these projects. Paul regularly defends his work before the Ontario Municipal Board. Professional Memberships Canadian Institute of Planners (Member) Ontario Professional Planners Institute (Member) Academic History Degrees Bachelor of Environmental Studies, Urban and Regional Planning, University of Waterloo, 1986 Other Courses Master of Environmental Studies, Social Planning and Impact Assessment, York University, 1996 Planning Theory and Practice, Oxford Polytechnic, Oxford England, 1985 Professional Experience since 2015 since 1997 Principal SGL Planning & Design Inc. Principal Sorensen Gravely Lowes Planning Associates Inc Senior Planner Keir Consultants Inc Planner City of Etobicoke Planning Department Areas of Specialization Land Use Planning and Policy Formulation Land Development Community Consultation and Facilitation Environmental Policy Formulation Social & Community Impact Assessment x23 plowes@sglplanning.ca 1547 Bloor Street West, Toronto, Ontario M6P 1A5 www. sglplanning.ca SGL Planning & Design Inc.

44 Representative Projects Official Plans & Secondary Plans Brooklin Secondary Plan, Whitby Seaton Neighbourhood Plans, Pickering Wainfleet Official Plan Review Haldimand County Growth Plan Conformity St. Catharines Downtown Creative Cluster Master Plan Hamilton Official Plan Grimsby Official Plan Review Orillia Official Plan Review Pickering Official Plan Review- Advisor Innisfil Official Plan Review Lefroy Secondary Plan, Innisfil 400/88 Employment SP, Bradford West Gwillimbury Winston Neighbourhood SP, Grimsby Vales of Humber SP, Brampton North Oakville Secondary Plan Waterdown South SP, Hamilton Bond Head SP, Bradford West Gwillimbury Vellore Village Tertiary Plan, Vaughan North Leslie SP, Richmond Hill Yonge South SP, Aurora Rymal Road SP, Hamilton Town of Simcoe Official Plan Update Etobicoke Official Plan Update Growth Management Studies West Whitby GMS Central Pickering GMS Town of Innisfil GMS Zoning By-Law Reviews Grimsby Comprehensive Zoning By-law Seaton Comprehensive Zoning By-law Wainfleet Comprehensive Zoning Review Guelph Comprehensive Zoning By-law Review Sault Ste. Marie Zoning By-law Advisor Town of Simcoe Comprehensive Zoning Review Nanticoke, Zoning By-law Review Dunnville and Delhi Zoning By-Law Reviews Peer Reviews Industrial influence area of Nanticoke Commercial application in Winona Secondary Plans in Hamilton and Innisfil Land development Projects Large scale residential developments in Caledon, Nobelton, Midhurst, Hillsdale, Stouffville, Bradford and Scugog. Commercial / Retail Approvals in Stouffville, Oakville, St. Thomas, Ajax, Brampton, Niagara Falls, Huntsville and London Husky Executive Retreat, King Waste Recycling and Transfer Facilities in Etobicoke, Toronto, Burlington, Vaughan and Oakville A mega jail site search Hydro-electric facilities in Iroquois Falls, Fort Frances, Mattagami River and transmission lines throughout Northern Ontario. Brownfield redevelopment in Etobicoke South Etobicoke Industrial Area industrial residential interface High Density Residential Intensification projects in Toronto, Vaughan, North York, Oakville, Etobicoke and Schomberg Commercial & Retail Studies Rideau Commerical Review, Kingtson Strathcona Commercial Review, Hamilton Winona Commercial Review, Hamilton Winston Commercial Review, Grimsby Oxford County Commercial Policy Review Hamilton Commercial Strategy Study Oshawa Commercial Opportunities Study Burlington Commercial Policy Study Town of Simcoe Retail Policy Study Environmental Policy Reviews Mississauga NHS Policy Review Kincardine Natural Heritage Implementation Peel Region Natural Heritage Policy Review Richmond Hill Corridor Study Oakville Environmental OPA Georgina Greenlands Study Ontario Municipal Board Testimony Paul has given expert testimony to the Ontario Municipal Board on numerous occasions x23 plowes@sglplanning.ca 1547 Bloor Street West, Toronto, Ontario M6P 1A5 www. sglplanning.ca SGL Planning & Design Inc.

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46 BIBLIOGRAPHY OF DOCUMENTS RELIED UPON Altus Group, April 24, Bronte Green School Site Needs. Altus Group, February 19, Bronte Green Capital Impact Assessment. AMICK Consultants Ltd., January 15, Stage 1 Archaeological Background Study: Proposed Bronte Green Subdivision. AMICK Consultants Ltd, May Stage 2 Archaeological Background Study: Merton Tertiary Plan. Beacon Environmental, February Saw-Whet Property Environmental Impact Statement, Town of Oakville, Ontario. Beacon Environmental, October Phase 2 Environmental Impact Study (EIS 2014). Beacon Environmental, April Saw-Whet Property Environmental Impact Study, Town of Oakville, Ontario. Cosburn Giberson, January 14, Conceptual Canopy Cover Plan. Cosburn Giberson, January 14, Facility Fit Plan. Cosburn Giberson, February 24, Pedestrian Circulation and Trails Plan. Cosburn Giberson, February 25, Tree Inventory Plan, Tree Preservation Plan, and Tree Survey/Arborists Report. DSEL, April Functional Servicing Report for the Bronte Green Property (includes SWM report). DSEL, JFSA, and Genivar, October Area Servicing Plan for Merton Tertiary Plan Area in the Town of Oakville. John G. Williams Architect, April 23, Bronte Green Urban Design Brief. Ministry of Municipal Affairs and Housing, Growth Plan for the Greater Golden Horseshoe. Ministry of Municipal Affairs and Housing, Provincial Policy Statement. Ministry of Municipal Affairs and Housing, The Greenbelt Plan. Parish Geomorphic, October Merton Tertiary Planning Study: Geomorphic

47 Assessment Fourteen Mile Creek and Associated Tributaries. Pollutech Environmental Ltd., October Merton Tertiary Planning Area Odour Study. Read, Voorhees & Associates, September 2014.Traffic Impact Analysis, Merton Tertiary Plan, Oakville. Read, Voorhees, & Associates, April Traffic Impact Study: Bronte Green Subdivision, Merton Tertiary Plan, Oakville. R.J. Burnside & Associates Ltd., October Hydrological Study: Merton Tertiary Planning Area, Town of Oakville, Ontario. R.J. Burnside & Associates Ltd., April 24, Water Balance Assessment: Saw-Whet (Bronte Green) Property, Oakville, Ontario. Region of Halton, November 28, Interim Office Consolidation of the Regional Official Plan. SGL Planning & Design Inc., April Draft Official Plan Amendment. SGL Planning & Design Inc., April Draft Zoning By-law Amendment. Soil Engineers Ltd., October 25, Phase Two Environmental Site Assessment: Proposed Residential Development 1401 Bronte Road, Town of Oakville. Soil Probe Ltd., April 17, Geotechnical Investigation For The Proposed Residential Subdivision (Saw-Whet Golf Course). Sorensen Gravely Lowes Planning Associates Inc., December Merton Tertiary Planning Study: Land Use Options and Evaluation. Sorensen Gravely Lowes Planning Associates Inc., February Planning Assessment Report (includes Character Assessment): 1401 Bronte Road, Oakville, Ontario. SS Wilson Associates Consulting Engineers, October Draft - Preliminary Noise Study: Merton Tertiary Planning Study Area, Oakville, Ontario. SS Wilson Associates Consulting Engineers, April 24, Draft - Noise Control Feasibility Study: Proposed Residential Development Bronte Green Joint Venture Area, Oakville, Ontario. SS Wilson Associates Consulting Engineers, August 12, Noise Control Feasibility Study: Proposed Residential Development Bronte Green Joint Venture Area, Oakville,

48 Ontario. Town of Oakville, Livable Oakville, Town of Oakville Official Plan (Office Consolidation, February 23, 2015). Town of Oakville, October 16, Staff Report PD Town of Oakville, May Merton Planning Study Terms of Reference. Town of Oakville, May 17, Staff Report PD Town of Oakville, March 24, Staff Report PD Town of Oakville, May 16, Staff Report PD

49 Attachment D Bronte Green Lands and OPA Lands Legend Merton Study Area Fourteen Mile Creek Bronte Green lands - Draft Plan of Subdivision and Condominium, and Zoning By-law Amendment by Bronte Green Corporation OPA lands - Official Plan Amendment by Bronte Green Corporation Enns Source: Town of Oakville air photo Bronte Creek Provincial Park Halton Woodlands Operation Centre Deefield Golf Course Halton Regional Centre Future Police Station Mid-Halton Wastewater Treatment Plan Langtry Park Third Line Lands (IO)

50 THE CORPORATION OF THE TOWN OF OAKVILLE *DRAFT * BY-LAW NUMBER Official Plan Amendment A by-law to adopt an amendment to the Livable Oakville Plan, Official Plan Amendment Number (Merton Lands Special Policy Area) WHEREAS the Livable Oakville Plan (2009 Town of Oakville Official Plan), which applies to the lands south of Dundas Street and the lands north of Highway 407, was adopted by Council on June 22, 2009, and approved with modifications by the Ontario Municipal Board on May 10, 2011; and, WHEREAS subsection 22(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended, permits a person or public body to request a council of a municipality to amend its official plan, and Section 17, 21 and 22 apply to any such amendment; and, WHEREAS it is deemed necessary to pass an amendment to the Livable Oakville Plan to incorporate certain modifications to the text and schedules that implement the findings of the Merton Planning Study and its supporting technical studies. COUNCIL ENACTS AS FOLLOWS: 1. The attached Amendment Number to the Livable Oakville Plan is hereby adopted. 2. Pursuant to subsection 17(27) of the Planning Act, R.S.O. 1990, c. P.13, as amended, this Official Plan Amendment comes into effect upon the day after the last day for filing a notice of appeal, if no appeal is filed pursuant to subsections 17(24) and (25). Where one or more appeals have been filed under subsection 17(24) and (25) of the said Act, as amended, this Official Plan Amendment comes into effect when all such appeals have been withdrawn or finally disposed of in accordance with the direction of the Ontario Municipal Board. 3. In the event that the Regional Municipality of Halton, being the Approval Authority, declares this Official Plan Amendment to be not exempt, the Clerk is hereby authorized and directed to make application to the Approval Authority for PASSED this day of, 2014 MAYOR CLERK

51 By-Law Number: Official Plan Amendment Official Plan Amendment Number to the Town of Oakville s Livable Oakville Plan Constitutional Statement The details of the Amendment, as contained in Part 2 of this text, constitute Amendment Number to the Livable Oakville Plan. Part I Preamble A. Purpose The primary purpose of the proposed official plan amendment is to incorporate into the Livable Oakville Plan certain modifications to the text and schedules necessary to implement the findings of the Merton Planning Study and its supporting technical studies on the privately owned lands in the Merton Planning Area. The effect of the changes to the text will be to: insert policies specific to the privately owned lands in the Merton Planning Area into Section 26, Special Policy Areas, of the Plan; provide for the protection of Natural Areas including enhancement areas and linkages; create new land use policies specific to the privately owned lands in the Merton Planning Area; reorganize selected sections. The effect of the changes to the schedules of the Plan will be to: on Schedule C, Transportation Plan, identify the proposed roads recommended by the Merton Planning Study; on Schedule H, West Land Use, identify the Merton Lands Special Policy Area and redesignate a number of properties to implement the recommendations of the Merton Planning Study. B. Background Council adopted the Livable Oakville Plan on June 22, Halton Region then approved the Plan, with modifications, on November 30, 2009, as it was deemed to conform to the Growth Plan, and be consistent with the Provincial Policy Statement, 2005, and the Region's Official Plan, Page 2

52 By-Law Number: Official Plan Amendment as amended, including the proposed ROPA 38. That decision was appealed by a number of parties. Following the resolution of a majority of the appeals, the Ontario Municipal Board approved the Plan with further modifications on May 10, More modifications were approved by the Board throughout 2012 to resolve outstanding site-specific appeals. The Plan is in force except for two outstanding site-specific appeals identified in Appendix 2 of the Plan. One of the outstanding appeals applies to lands west of Bronte Road within the Merton Planning Study Area. C. Basis The Region of Halton Official Plan (ROPA 38) identifies the lands pertaining to the Merton Planning Area as Regional Natural Heritage System and Urban Area. The Merton Lands are also within the Provincial Parkway Belt West Plan. The Region of Halton Official Plan (ROPA 38) designates portions of Parkway Belt West lands as Urban Area in anticipation of the eventual removal of the majority of these lands, by the Province, from the Parkway Belt West Plan. Local municipalities are required to implement the Region of Halton Official Plan. In anticipation of the removal of lands from the Parkway Belt, underlying land use designations are proposed for the Complementary Use designated lands within the Parkway Belt west of Bronte Road. Section 26.5 of the Livable Oakville Plan identifies the Merton Lands as an area for potential future development which should be comprehensively studied to determine future land uses and policies. The Merton Planning Study outline and objectives were endorsed by Council on November 12, A notice of study commencement was provided on March 14, A public open house was held on May 15 and 16, 2013, to introduce the study and share ideas about draft development options prepared for the Merton Lands. The study terms of reference and draft development options were received by Council June 10, An online user forum and survey were made available on the Town of Oakville website throughout the summer and fall of 2013 and Winter 2014 to solicit additional public input. Several meetings were also held with area stakeholders over the summer and fall of A public open house was held on March 19, 2014 to provide feedback on the draft preferred plan prepared by Town Staff. A statutory public meeting for Town Staff s draft proposed Official Plan Amendment was held on April 14, This privately initiated Official Plan Amendment was received in May It is consistent with the draft Official Plan Amendment prepared by Page 3

53 By-Law Number: Official Plan Amendment Town Staff for the public meeting on March 24, 2014 with the exception of certain text and mapping modifications. Additionally, it does not apply any new designations to lands in public ownership (Provincial or Regional). As required by Livable Oakville, 2012, the entirety of the Merton Planning Area was comprehensively studied to determine future land uses and policies. The comprehensive studies addressed servicing and infrastructure needs, transportation needs, noise, air quality, natural heritage and other matters as required by approved terms of reference. Policy allows for individual site development applications in the Merton Planning Area upon completion of the comprehensive studies. This Official Plan Amendment implements this policy on the privately owned lands within the Merton Planning Area and is in conformity with the policy requirements for the Merton Planning Area. Part 2 - The Amendment A. Text Changes The amendment includes the changes to the text of the Livable Oakville Plan listed in the following table. Text that is underlined indicates new text to be inserted into the Livable Oakville Plan. Text that is crossed out ("strikethrough") is to be deleted from the Plan. Item Section No SPECIAL POLICY AREAS Description of Change Revise the introductory paragraph as follows: (Section number and policy are as revised by OPA No. Trafalgar Road Corridor) Special Policy Areas provide for those areas in the Town that are subject to further study under this Plan and/or areas for which additional policies apply beyond the underlying land use designations. The Special Policy Areas include specifically identified lands, as shown on the accompanying schedules, for which there are corresponding policies, including, Low Density Residential Lands (Rl/R01 zones), and the Trafalgar Road Corridor, and the Merton Lands. There are also general areas for which Special Policy Areas are identified, including other corridors and areas for potential future development, and lands subject to the Greenbelt Plan [NEW] SPECIAL POLICY Insert a new section 26.6 Merton Lands, as provided in Appendix 1. Renumber the remaining policies in section 26 accordingly. Page 4

54 By-Law Number: Official Plan Amendment AREAS, Merton Lands (Section numbers are as previously revised by OPA No., Trafalgar Road Corridor). Item Section No SPECIAL POLICY AREAS, Other Areas for Further Study Description of Change The policy will be renumbered to (see above). Revise the policy as follows: Lands in the vicinity of Highway 403 on the west side between Dundas Street and Upper Middle Road. The following areas have been identified for potential future development and should be comprehensively studied to determine future land uses and policies:. a) lands in the vicinity of the QEW and Bronte Road on the north side; and, b) lands in the vicinity of Highway 403 on the west side between Dundas Street and Upper Middle Road. B. Schedule Change The amendment includes the changes to the schedules to the Livable Oakville Plan listed in the following table, and shown in Appendix 2. Item Schedule No. 4. Schedule C TRANSPOR- TATION PLAN Description of Change Amend Schedule C as shown in Appendix 2 to: - identify the proposed roads on a portion of the Merton Lands 4. Schedule H WEST LAND USE Amend Schedule C as shown in Appendix 2 to: - identify the Parkway Belt Boundary - identify the new land uses and proposed roads on the privately owned lands in the Merton Planning Area - add symbols (" ") to identify sites subject to an exception policy within the privately owned lands in the Merton Planning Area Page 5

55 By-Law Number: Official Plan Amendment APPENDIX 1 New Section 26.6, Merton Lands Page 6

56 By-Law Number: Official Plan Amendment 26.6 Merton Lands The land generally bound by Upper Middle Road to the north, Fourteen Mile Creek to the East, publicly owned lands to the south, and the Greenbelt Plan west of Bronte Road, is a Special Policy Area known as the Merton Lands identified on Schedule H. West Land Use. The Merton Lands Special Policy Area represents the privately owned portion of the Merton Planning Area. The Merton Planning Area was identified as an area for further study to determine future land uses and policies for potential future development. The following special policies provide a framework for change within the privately owned lands in the Merton Planning Area Development Concept The Merton Lands Special Policy Area recognizes existing uses with the intent to provide for the future development and redevelopment of existing privately owned private open spaces and other private lands, including those within the Parkway Belt. The Merton Lands consist of a preserved and enhanced Natural Area along Fourteen Mile Creek and its tributaries, which provide for environmental protection, enhancement and linkages with Bronte Creek. A large area of the Merton Lands are within the Parkway Belt and shall be governed by the Parkway Belt West Plan until such time that the lands are removed from the Parkway Belt West Plan and come under the jurisdiction of the Town and this Plan, unless superseded by another Provincial Plan. Development shall provide for a complete community with a mix of residential and commercial uses. With high visibility along Bronte Road, the built form shall be oriented towards Bronte Road and include a mixed use node forming a gateway to the community. The proposed minor collector road will be the primary route through the Merton Lands and support multiple mobility choices and connections. The minor collector road will directly, or by proximity, link a variety of community facilities including neighbourhood park and parkettes and support connections to a trail network along Fourteen Mile Creek. Page 7

57 By-Law Number: Official Plan Amendment Functional Policies In addition to the policies in Part C of this Plan, the following functional policies apply to the Merton Lands Special Policy Area. a) Cultural Heritage i) Cultural heritage resources shall be maintained and integrated into new development. ii) A heritage impact assessment shall be required for sites containing a cultural heritage resource. b) Urban Design i) Development should provide a seamless transition between the public and private realms and promote pedestrian access between the built form and public realm along the street edge. ii) Buildings should be oriented towards street frontages, open spaces and parks to provide interest and comfort at ground level for pedestrians. iii) Residential uses should be designed to reduce the visual appearance of garage doors along the street edge. iv) For Medium Density Residential development adjacent to Bronte Road: Window streets shall be considered as a design solution where on-street parking on Bronte Road is not feasible; Reverse frontages and reverse lotting shall generally be avoided and may be permitted in recognition of land use constraints where other design solutions are not feasible or appropriate and provided appropriate buffer treatments are included in the subdivision design; Buildings should be located close to the street to provide visual interest to pedestrians and a sense of enclosure to the street; Building frontages and/or main entrances shall address Bronte Road; Midblock pedestrian connections from Bronte Road into the interior of the community are encouraged. v) Land uses directly abutting the Natural Area and the Fourteen Mile Creek will be comprised of a combination of residential lots, single loaded vista roads, open space and storm water management blocks. Page 8

58 By-Law Number: Official Plan Amendment vi) Views from the developed area into the Natural Area and Parks and Open Space areas along the Fourteen Mile Creek valley are encouraged. viii) Gateways The intersection of Bronte Road with the proposed minor collector road at the mixed use node is a minor gateway location. Gateways should be enhanced by features such as prominent buildings, strategic building placement, landscape features and public art. c) Community Facilities i) The opportunity for an elementary school block shall be provided through the development process. In determining the location for a potential school block, the following criteria shall be considered: The site is located on or in proximity to the proposed minor collector road; The site is located to limit traffic infiltration; The site is designed to reduce the overall land requirements through incorporation of on-street parking, multiple storeys, joint use and other means to reduce land requirements. ii) A neighbourhood park shall be provided through the development process. In determining the location for the neighbourhood park, the following criteria shall be considered: the site is located adjacent to, or in proximity to a potential elementary school block where practical and where land efficiencies can be achieved through joint programming; the site is located along the minor collector road. iii) Two neighbourhood parkettes shall be provided within the residential area of the Merton Lands, east of Bronte Road. In determining the location for the parkettes, the following criteria shall be considered: the sites support walkability across the balance of the residential areas and are correspondingly distributed; Page 9

59 By-Law Number: Official Plan Amendment the site(s) is located to support the enhancement of the Natural Area or identified natural features, where feasible; the site(s) is located to support and enhance the mixed use node, where feasible. iv) A trail system shall be provided along the western side of Fourteen Mile Creek including pedestrian bridge crossings to provide linkages to the planned trail system on the east side of the creek. d) Transportation i) The proposed roads shown on Schedule H, West Land Use within the Merton Lands Special Policy Area, shall be classified as minor collector roads. ii) Notwithstanding Table 4 in section 8.4 Rights-of-Way, the right-of-way for: the northerly minor collector road should be 22 metres wide to provide for active transportation opportunities and on-street parking; the southerly minor collector road should be 19 metres wide; local roads adjacent to the Natural Area should be 15 metres wide where a 10 metre buffer inclusive of a passive trail is provided. iii) Roadway alignments shall be coordinated with existing infrastructure wherever feasible to minimize impact on the surrounding area. iv) Single loaded roads are encouraged abutting portions of the Natural Area. v) Through the development process, a complete and connected active transportation network shall be provided throughout the Merton Lands, including bike routes, trails, pedestrian connections, and sidewalks as well as improved connectivity with existing routes. vi) On-street or lay-by parking shall be encouraged along Bronte Road and on the proposed minor collector road with specific attention given to the mixed use node. Page 10

60 By-Law Number: Official Plan Amendment e) Sensitive Land Uses i) Sensitive land uses shall not be located within 300 metres of the property line of the Mid-Halton Wastewater Treatment Plant unless written approval for reduced separation distances from the Ministry of Environment is obtained. ii) Sensitive land uses within 70 metres of the Woodlands Operation Centre works yard shall be effectively buffered from noise sources. The costs associated with buffering, set-backs and the sensitive transition area, and recommended site source controls shall be borne by the proponents of a proposed development. f) Sustainability i) The Natural Area includes the required buffers to identified natural features and identified enhancement areas and linkages. ii) Passive recreational trails shall be provided primarily within the buffer areas adjacent to the Natural Area. iii) Through the development process, the objective of no net loss of existing tree canopy cover will be addressed. g) Stormwater Management i) The final type, size and location of stormwater management facilities shall be determined through the development process and are required in locations adjacent to the Natural Area to support enhancement opportunities to the Natural Area including trails Land Use Policies Land use designations for the lands within the Merton Lands Special Policy Area are provided on Schedule H, West Land Use. In addition to the policies in Part D of this Plan, the following policies apply specifically to the lands within the Merton Lands Special Policy Area. a) The lands within the Parkway Belt boundary form part of the Parkway Belt West Plan and are designated Parkway Belt. Until such time that these lands are removed from the Parkway Belt West Plan and come under the jurisdiction of the Town and this Plan, the policies of the Parkway Belt West Plan shall govern the use of land. b) On the lands designated Medium Density Residential adjacent to Bronte Road, the predominant minimum building height shall be 3 storeys. Page 11

61 By-Law Number: Official Plan Amendment c) On the lands designated Medium Density Residential, limited Low Density Residential uses may be permitted. d) On the lands designated Low Density Residential, a density of between 20 to 30 units per site hectare shall be permitted. On lands designated Medium Density Residential, a density of between 40 to 60 units per site hectare shall be permitted Exceptions a) On the lands designated Low Density Residential located at the southeast corner of Upper Middle Road West and Bronte Road, road access from the south via a creek crossing shall be subject to an Environmental Impact Study being completed demonstrating that there will be no negative impact on significant habitat of endangered species and threatened species. b) The lands designated Main Street 1 on the west side of Bronte Road may permit the use of the heritage building for office uses. c) On the lands designated Main Street 1 on the west side of Bronte Road, a low rise compatible built form shall be considered adjacent to a listed heritage resource. Where feasible, existing trees should be preserved on the listed heritage resource property Implementation Policies In addition to the policies in Part F of this Plan, the following implementation policies apply specifically to the Merton Lands. a) The uses and buildings that legally existed prior to the adoption of this Plan may be permitted to continue, however, they are intended to be redeveloped in conformity with this Plan. b) The technical reports identified in the Merton Planning Study Terms of Reference, that are required in support of draft plans of subdivision, shall be completed in accordance with the Terms of Reference and the study process to the satisfaction of the Town prior to development taking place. Page 12

62 By-Law Number: Official Plan Amendment APPENDIX 2 Changes on Schedules Of the Livable Oakville Plan Page 13

63 PARKWAY BELT - OVERLAY

64