Planning Justification Report. Milton Meadows Properties Ltd. Milton Meadows South IN SUPPORT OF ZONING BY-LAW AMENDMENT & DRAFT PLAN OF SUBDIVISION

Transcription

1 Planning Justification Report Milton Meadows Properties Ltd. Milton Meadows South IN SUPPORT OF ZONING BY-LAW AMENDMENT & DRAFT PLAN OF SUBDIVISION For Part of Lot 3, Concession 1 Town of Milton HUMPHRIES PLANNING GROUP INC. 216 Chrislea Road, Suite 103 Vaughan, Ontario L4L 8S5 (905) , FAX

2 Table of Contents 1. INTRODUCTION SITE AND SURROUNDINGS SURROUNDING USES PROPOSED DEVELOPMENT REQUIRED APPROVALS POLICY AND REGULATORY CONTENT PROVINCIAL POLICY STATEMENT PLACES TO GROW REGIONAL MUNICIPALITY OF HALTON OFFICIAL PLAN TOWN OF MILTON OFFICIAL PLAN SHERWOOD SURVEY SECONDARY PLAN MILTON HEIGHTS NEIGHBOURHOOD PLAN ZONING BY-LAW No SUPPORTING STUDIES CONCLUSION DRAFT ZONING BY-LAW AMENDMENT HUMPHRIES PLANNING GROUP INC. PAGE 2 OF 50

3 1. INTRODUCTION This Planning Justification Report has been prepared in support of proposed Zoning By-Law Amendment and Draft Plan of Subdivision by Milton Meadows Properties Ltd. to facilitate the development of 57 two-storey detached dwellings and 72 three-storey townhouses, 41 of which are proposed condominium townhouses accessed from a rear lane and the remaining 31 are street townhouses. There are also 3 mixed use blocks on the south side of No. 3 Sideroad and a mixed use block on the north side of No. 3 Sideroad, which contains 12 two storey detached dwellings. The subject land is ha. (approx acres) of land located at the south-west corner of No. 3 Sideroad and New Tremaine Road and a small portion of land located at the north-west corner. The subject land known legally as Part Lot 3, Concession 1, Town of Milton, Region of Halton and has been outlined on the draft reference plan below. Figure 1 - Plan of Survey, prepared by Holding Jones Vanderveen Inc., December 6, 2004 The proposed development is consistent with the applicable policy documents. The applications represent good land use planning and are appropriate for approval. HUMPHRIES PLANNING GROUP INC. PAGE 3 OF 50

4 2. SITE AND SURROUNDINGS Figure 2: Subject Site The subject land is located south and north of No. 3 Sideroad and west of New Tremaine Road and is legally described as Part Lot 3, Concession 1, Town of Milton, Region of Halton. The site has an overall area of ha. (approx acres) and is currently occupied by 3 rural residential dwellings and is cureently farmed for agricultural purposes. HUMPHRIES PLANNING GROUP INC. PAGE 4 OF 50

5 Figure 2 - Subject Site - looking north of No. 3 Sideroad (N-E corner of Milton Meadows Heights Crescent and No. 3 Sideroad) Figure 3 - Subject Site - looking south of No. 3 Sideroad 2.1 SURROUNDING USES The subject lands are underdeveloped as are many of the surrounding lands. The existing uses on the surrounding lands include rural residential uses to the west, as well as some convenience commercial and retail at the corner of HUMPHRIES PLANNING GROUP INC. PAGE 5 OF 50

6 Termaine Road and No. 3 Sideroad (Village Market and Epique Cycling Design Studio). There are agricultural uses to the east of the site, as well as an industrial/ employment area further to the east of Peru Road. Immediately east of the site there are approved low and mid rise residential uses, commercial uses and business park uses, as contained within the Century Grove development. There are open space/ environmental features (Sixteen Mile Creek) to the south of the site. Figure 4 - Draft Plan of Subdivision - Century Grove - east of the subject lands (status: Draft Plan Approved) Agricultural uses currently exist north of No. 3 Sideroad and there are approved plans for low and mid rise residential uses and commercial uses to be developed, as contained within the Royal Park North Development. There are also various public service facilities to the north and west of the site, including Country Heritage Park, Ontario Beekeepers Association, the Montessori Country School in Milton, the Italian Canadian Club of Milton and the Halton Region Museum. HUMPHRIES PLANNING GROUP INC. PAGE 6 OF 50

7 Figure 5 - Demonstration Plan - Royal Park North - north of the subject lands HUMPHRIES PLANNING GROUP INC. PAGE 7 OF 50

8 Figure 6 - Surrounding Lands - Epique Cycling Design Studio (located at the N-E corner of Tremaine Road and No. 3 Sideroad) Figure 7 - Surrounding Lands - Village Market(located at the S-E corner of Tremaine Road and No. 3 Sideroad) HUMPHRIES PLANNING GROUP INC. PAGE 8 OF 50

9 3. PROPOSAL Figure 8: Draft Plan of Subdivision, prepared by Humphries Planning Group Inc. The above Draft Plan of Subdivision by Milton Meadows Properties Ltd. proposes a total of 141 residential units, which include: 57 two storey detached dwellings, 31 tree-storey street townhouses, 41 tree-storey condominium townhouses accessed from a rear lane, 12 two storey detached dwellings (live-work units) contained in a mixed use block on the north side of No. 3 Sideroad, 2 block for future residential units (half lots), which total 0.05 hectares, and 3 mixed use blocks on the to the south side of No. 3 Sideroad for future mixed-use development. The proposed 141 residential units generate a density of units per net hectare per the definition of net residential area in the Milton Official Plan and a gross density of units per hectare (excluding the open space blocks) per the calculation of gross density in the Regional Official Plan. In addition, the plan provides for: 4 blocks of land that will be preserved for open space purposes (existing Sixteen Mile Creek), which total 2.78 hectares, HUMPHRIES PLANNING GROUP INC. PAGE 9 OF 50

10 3 blocks of land provided for road allowances, which total 3.42 hectares, and a block for 0.3 metres reserves that total 0.02 hectares. The blocks for open space purposes will preserve the environmental features associated with Sixteen Mile Creek, which dissects the south western portion of the site, as well as the required buffer. The top of bank and drip line were staked on July 27, 2007 and April 28, 2014 respectively with the Conservation Authority. The blocks for road allowances will provide for New Termaine Road to run along the eastern portion of the site and will also provide for 4 local roads. Figure 9: Excerpt from Concept Plan for Condominium Townhouses (Block 74) A concept plan has been prepared by MBTW detailing both the street townhouse lots and the 41 proposed condominium townhouses that will be accessed from a rear lane. Site specific exceptions to the RMD1 Zone are proposed to implement the proposed condominium townhouses and is detailed further in Sections 4.7 and 7 of this Report. 3.1 REQUIRED APPROVALS The subject land proposed for development is designated Residential Area in the Town of Milton Official Plan and Sherwood Survey Secondary Plan. In addition, the Milton Heights Neighbourhood Local Official Plan Amendment No. 38 (OPA HUMPHRIES PLANNING GROUP INC. PAGE 10 OF 50

11 38) permits a density range of 15 to 40 units per hectare for the subject land. An Official Plan Amendment application is not required to facilitate the development. The subject land is also currently zoned "FD" Future Development Zone according to Zoning By-law , which does not permit medium density residential uses. As a result, a Zoning By-law Amendment is required to rezone the subject lands to the "RMD1" Residential Medium Density 1 Zone with Site Specific Exceptions to permit the proposed draft plan of subdivision. The Draft Plan of Subdivision application is being submitted concurrently with the Zoning By-law Amendment application. 4. POLICY AND REGULATORY CONTENT 4.1 PROVINCIAL POLICY STATEMENT The Provincial Policy Statement (PPS), 2014 provides policy direction on matters of Provincial interest related to land use planning and development, and sets the policy foundation for the development and use of land. The PPS includes policies that direct new growth to achieve efficient development and land use patterns. In our opinion, the proposal is consistent with the policies expressed in the PPS to build strong communities by promoting efficient development patterns that: optimize the use of land, resources and public investment in infrastructure and public service facilities; promote a mix of housing, parks and open spaces; offer transportation choices that facilitate pedestrian mobility and other modes of travel; and create strong, livable and healthy communities that enhance social wellbeing and are economically and environmentally sound. The PPS supports densities and land uses which efficiently use land, resources, infrastructure and public service facilities. In particular: 1. Section requires that planning authorities identify and promote opportunities for intensification and redevelopment where it can be accommodated, taking into account existing areas and the availability of suitable existing or planned infrastructure and public service facilities. 2. Section states that new development taking place within designated growth areas should occur adjacent to the existing built up area and is required to have a compact form, and a mix of uses and densities that allow for the efficient use of land and infrastructure. 3. Sections and requires that planning authorities provide for an appropriate range of housing types and densities to accommodate projected HUMPHRIES PLANNING GROUP INC. PAGE 11 OF 50

12 requirements of current and future residents for a minimum of 10 years by permitting and facilitating all forms of residential intensification and redevelopment and promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of public transit in areas where it exists. 4. Section requires that planning authorities promote intensification and redevelopment in settlement areas where existing municipal sewage services and municipal water services are available to accommodate expected growth. 5. Section promotes the efficient use of existing and planned transportation system infrastructure. 6. Sections and promote a land use pattern, density and mix of uses that minimize the length and number of vehicle trips and support the development of viable choices and plans for public transit and other alternative transportation choices, including commuter rail and bus, and require that transportation and land use considerations be integrated at all stages of the planning process. The plan of subdivision incorporates a mix of single detached, live-work units, street townhouse and rear lane townhouse dwelling types while making efficient use of land, resources, infrastructure and public service facilities. The proposed medium density development is also supportive other alternate modes of travel, as there are a mix of uses within the subject lands and planned for near-by that make alternative forms of transportation a possibility. The proposed development contributes to a strong, livable, vibrant and healthy complete community by providing open spaces blocks and a mix of housing types and live-work units on the subject lands, as well as mixed use blocks for future mixed use development. Moreover, the surrounding approved plans provide for a mix of residential, commercial, employment uses, as well as open space blocks and a village square. The proposed development is consistent with the applicable policies of the PPS, PLACES TO GROW Growth Plan for the Greater Golden Horseshoe Consistent with the PPS, the 2006 Growth Plan contains principles that are intended to guide the development of land, the management of resources and the investment of public funds. In accordance with the Places to Grow Act, the Growth Plan for the Greater Golden Horseshoe 2006 took effect on June 16, The Ministry of Public and Infrastructure Renewal issued the Built Boundary on April 2, 2008, in accordance with policy of the Growth Plan. The lands associated with this plan of subdivision are located outside the built boundary and within the Settlement Area for Milton. Therefore, the proposed development is subject to the designated Greenfield area policies, density targets and intensification policies. HUMPHRIES PLANNING GROUP INC. PAGE 12 OF 50

13 Milton Meadows Properties Ltd. Figure 10: Built Boundary (Region of Halton) for the Growth Plan, 2008 Section of the Growth Plan outlines the guiding principles of the Plan, including in part: Building compact, vibrant and complete communities, Optimizing the use of existing and new infrastructure to support growth in a compact efficient form The Growth Plan states that a focus for transit and infrastructure investments to support future growth can be provided by concentrating new development in these areas. HUMPHRIES PLANNING GROUP INC. PAGE 13 OF 50

14 Section of the Growth Plan directs that population and employment growth be accommodated by: Building compact, transit-supportive communities in designated greenfield areas; reducing dependence on the automobile through the development of mixed use, transit-supportive, pedestrian-friendly urban environments; providing convenient access to intra- and inter-city transit; planning and investing for a balance of jobs and housing in communities across the GGH to reduce the need for long distance commuting and to increase the modal share for transit, walking and cycling; encouraging cities and towns to develop as complete communities with a diverse mix of land uses, a range and mix of employment and housing types, high quality public open space and easy access to local stores and services; directing development to settlement areas, except where necessary for development related to management or use of resources, resource-based recreational activities, and rural land uses that cannot be located in settlement areas; and, directing major growth to settlement areas that offer municipal water and wastewater systems and limiting growth in settlement areas that are serviced by other forms of water and wastewater services. The proposed development contributes to a compact community in a designated greenfield area, which contributes to reducing the dependence on vehicular travel and encourages alternative modes of transportation, such as walking and cycling. Providing medium density residential with some live work units and in close proximity to industrial and employment uses to the east and future mixed use developments to the north-east balances jobs and housing and provides for an appropriate mix of uses to support shorter commutes to work, easily accessible open spaces, local stores and services. The proposed greenfield development is within the Milton settlement area, with full municipal services, which is an area where the Plan direct development and major growth. Section provides policies related to Designated Greenfield Areas, which include: 1. New development taking place in Designated Greenfield areas will be planned, designated, zoned and designed in a manner that HUMPHRIES PLANNING GROUP INC. PAGE 14 OF 50

15 a b c contributes to creating complete communities creates street configurations, densities and an urban form that support walking, cycling, and the early integration and sustained viability of transit services provides a diverse mix of land uses, including residential and employment uses, to support vibrant neighbourhoods d. creates high quality public open spaces with site design and urban design standards that support opportunities for transit, walking and cycling. 2. The designated greenfield area of each upper-or single-tier municipality will be planned to achieve a minimum density target that is not less than 50 residents and jobs combined per hectare. 3. The density target will be measured over the entire designated Greenfield area of each upper-or single-tier municipality, excluding the following features where the applicable provincial plan or policy statement prohibits development in the features: wetlands, coastal wetlands, woodlands, valleylands, areas of natural and wildlife habitat, and fish habitat. The area of the features will be defined in accordance with the applicable provincial plan or policy statement that prohibits development in the features. 4. Policy is provided for the purpose of measuring the minimum density target for designated greenfield areas, and is not intended to provide policy direction for the protection of natural heritage features, areas and systems. 5. The Minister of Public Infrastructure Renewal may review and permit an alternative density target for an upper-or single-tier municipality that is located in the outer ring and does not have an urban growth centre to ensure the density target is appropriate given the characteristics of the municipality and adjacent communities. 6. Municipalities will develop and implement official plan policies, including phasing policies, and other strategies for designated greenfield areas to achieve the intensification target and density targets of this Plan. The proposal contributes to a compact, vibrant, transit-supportive complete community in a designated greenfield area, which contributes to reducing the dependence on vehicular travel by promoting alternative forms of transportation, such as walking and cycling by providing medium density residential close to employment to support shorter commutes to work and easily accessible open spaces, local stores and services. The proposed development contributes to a strong, livable, vibrant and healthy complete community by providing open spaces blocks and a mix of housing types and live-work units on the subject HUMPHRIES PLANNING GROUP INC. PAGE 15 OF 50

16 lands, as well as mixed use blocks for future mixed use development. Moreover, the surrounding approved plans provide for a mix of residential, commercial, employment uses, as well as open space blocks and a village square. The proposed density is well above the minimum requirement of 50 residents or jobs per hectare, as it is an overall density units per net hectare. The Sustainable Halton Report, 2007 estimates 3.1 persons per unit in Milton, which equates to 94.1 residences per net hectare. The proposed medium density development contributes to the range and mix of housing types in the community. The proposed greenfield development falls within the Milton settlement area, supported by full municipal services, which is an area where the Plan direct development and major growth. The Town of Milton designates the subject land Residential Area, which promotes medium density development. The proposed development conforms to and is consistent with the requirements of the Growth Plan. 4.3 HALTON REGION OFFICIAL PLAN The Halton Regional Official Plan (Office Consolidation November 2014) contains goals, objectives and policies that manage growth and direct physical change and its effects on the social, economic and natural environment of the Region. The subject lands located are outside of the built boundary and designated Urban Area and partially "Regional Natural Heritage System" in The Regional Structure, Map 1 in the Halton Region Official Plan, Office Consolidated November HUMPHRIES PLANNING GROUP INC. PAGE 16 OF 50

17 Figure 11: Map 1- Regional Structure, Halton Official Plan (* Subject Lands) Part III, Land Stewardship Policies-Development Criteria of the Halton Region Official Plan Urban Areas outline the objectives and policy of the Plan in relation to areas designated under this section. HUMPHRIES PLANNING GROUP INC. PAGE 17 OF 50

18 Section 72 states the objectives as the following: 72(1) To accommodate growth in accordance with the Region's desire to improve and maintain regional unity, retain local community identity, create healthy communities, promote economic prosperity, maintain a high quality, sustainable natural environment, and preserve certain landscapes permanently. 72(2) To support a form of growth that is compact and supportive of transit usage and non-motorized modes of travel, reduces the dependence on the automobile, makes efficient use of space and services, promotes live-work relationships and fosters a strong and competitive economy. 72(3) To provide a range of identifiable, inter-connected and complete communities of various sizes, types and characters, which afford maximum choices for residence, work and leisure. 72(4) To ensure that growth takes place commensurately both within and outside the Built Boundary. 72(5) To establish a rate and phasing of growth that is consistent with the attainment of Regional objectives. 72(7) To prescribe urban development boundaries. 72(9) To facilitate and promote intensification and increased densities. Section 77 states the policies are as follows: 77 (1) Prepare, in consultation with the Local Municipalities, and adopt periodic updates of population and employment forecasts in accordance with Table 1. Such forecasts shall: a) be updated regularly but no less frequently than every five years; b) be detailed for each Local Municipality; c) show the annual population and employment increases between the current year and year 2031; d) contain estimates of the annual number of new housing units by density type, consistent with the housing targets under Sections 86(6) and 86(6.1); e) contain assignment of population, employment and housing units under Sections 77(1)c) and 77(1)d) to the Built-Up Area, Designated Greenfield Area, and outside the Urban Area, consistent with Table 2; and HUMPHRIES PLANNING GROUP INC. PAGE 18 OF 50

19 f) contain estimates of Affordable Housing units to be achieved annually, consistent with the housing targets under Sections 86(6) and 86(6.1). The proposed Greenfield development falls within the Milton settlement area, supported by full municipal services, which is an area where the Plan directs development and major growth. The proposal contributes to a compact, vibrant, transit-supportive complete community in a designated Greenfield area, which contributes to reducing the dependence on vehicular travel and encourages transit, walking and cycling by providing high density residential close to employment to support shorter commutes to work and easily accessible open spaces, local stores and services. The proposed density is above the minimum HUMPHRIES PLANNING GROUP INC. PAGE 19 OF 50

20 requirement set by the Region of Halton for Milton of 58 residents or jobs per hectare for Greenfield area, as it is an overall gross density units per gross hectare (excluding Natural Heritage System). The Sustainable Halton Report, 2007 estimates 3.1 persons per unit in Milton, which equates to 54.4 residents per hectare. The 12 live work units and the 3 mixed use blocks provided within the plan will add additional jobs to the calculation and will increase the number of residents and jobs per hectare to beyond the minimum target of 58. Assuming one job per live work unit, this would bring the number of residents/jobs per hectare to This does not include the additional jobs and residences that would be accommodated through the 3 mixed use blocks provided for future development within the plan. 77(2.4) Require development occurring in Designated Greenfield Areas to: a) contribute towards achieving the development density target of Table 2 and the Regional phasing of Table 2a; b) contribute to creating healthy communities; c) create street configurations, densities, and an urban form that support walking, cycling and the early integration and sustained viability of transit services; d) provide a diverse mix of land uses, including residential and employment uses to support vibrant neighbourhoods; and e) create high quality parks and open spaces with site design standards and urban design guidelines that support opportunities for transit and active transportation. HUMPHRIES PLANNING GROUP INC. PAGE 20 OF 50

21 77(15) Require the development industry to absorb its share of the cost of the provision of infrastructure and human services as permitted by applicable legislation and that any financial impact of new development or redevelopment on existing taxpayers be based on a financing plan communicated to the taxpayers and subsequently approved by Council. Such a financing plan may provide measures such as staging or contingent provisions to demonstrate that the provision of infrastructure and public service facilities under the Joint Infrastructure Staging Plan by Provincial and Federal Governments and other service providers are coordinated with those by the Region and Local Municipalities so that the health and well-being of the community is advanced in a fiscally responsible manner. 86. It is the policy of the Region to: 86(6) Adopt the following housing targets: a) that at least 50 per cent of new housing units produced annually in Halton be in the form of townhouses or multi-storey buildings; and b) that at least 30 per cent of new housing units produced annually in Halton be Affordable or Assisted Housing. HUMPHRIES PLANNING GROUP INC. PAGE 21 OF 50

22 86(6.1) Establish, in conjunction with the Local Municipalities, annual targets for the production of housing units by density type and affordability for each Local Municipality, based on the Regional targets under Section 86(6) 89. It is the policy of the Region to: 89(1) Provide urban services only within the Urban Area, unless otherwise permitted by specific policies of this Plan. 89(8) Limit development in the Urban Area to the ability and financial capability of the Region to provide urban services in accordance with its approved financing plan under Section 77(15) of this Plan. Per the above policies, the Region s interests in the urban area are mostly related to the availability of services. The Functional Servicing Report completed by Urbantech outlines how connecting full municipal services is achievable for the subject site. A request has been made to the Region of Halton for the appropriate amount of allocation under the 2017 allocation program. The Region has advised that a Financial Impact Statement is not required as a supporting study for this development, as there have been significant advances in the Region servicing so that individual development no longer needs to demonstrate how the proposed development will absorb its share of costs for the infrastructure. The proposed medium density development provides for a mix of single detached, live-work units, street townhouse and rear lane townhouse dwellings which contribute to the range and mix of housing types in the community and is consistent with the requirement that at least 50 percent of new housing forms be in the form of townhouses The Regional Natural Heritage System is a systems approach to protecting and enhancing natural features and functions The boundaries of the Regional Natural Heritage System may be refined, with additions, deletions and/or boundary adjustments, through: a) a Sub-watershed Study accepted by the Region and undertaken in the context of an Area-Specific Plan; b) an individual Environmental Impact Assessment accepted by the Region, as required by this Plan; or c) similar studies based on terms of reference accepted by the Region. Once approved through an approval process under the Planning Act, these refinements are in effect on the date of such approval. The Region HUMPHRIES PLANNING GROUP INC. PAGE 22 OF 50

23 will maintain mapping showing such refinements and incorporate them as part of the Region s statutory review of its Official Plan. The proposed development provides blocks for open space purposes will preserve the environmental features associated with Sixteen Mile Creek, which dissects the south western portion of the site, as well as the required buffer. The top of bank and drip line were staked on July 27, 2007 and April 28, 2014 respectively with the Conservation Authority. The proposed development conforms to the objectives and policies of the Region of Halton Official Plan. 4.4 TOWN OF MILTON OFFICIAL PLAN The Town of Milton Official Plan (Office Consolidated August 2008) manages growth in a phased matter, reinforces community values, provides an environmental and land use action plan and implements the vision of the Town of Milton. The subject lands are within an Urban Expansion Area and are designated Residential Area and partially Greenlands A Area in Schedule B of the Town of Milton Consolidated Official Plan, August Figure 12: Schedule B - Urban Land Use Plan, Town of Milton Official Plan (* Subject Lands) HUMPHRIES PLANNING GROUP INC. PAGE 23 OF 50

24 2.0 Community Goals, Objectives Plan Goals: To provide a full range of community and cultural facilities including schools which is essential to the achievement of strong and healthy community To encourage development which is sustainable, i.e. development that meets the needs of the present without compromising the ability of future generations to meet their own needs To encourage community design at all levels of development which is people-oriented, reflecting a human scale and pedestrian orientation, particularly in the Urban Area and Hamlet Areas, rather than being designed primarily to accommodate vehicular traffic To build and maintain a safe, liveable and healthy community including the ability to influence change, and the provision of choice with respect to secure, adequate and affordable housing, location and type of employment and the pursuit of leisure, recreation and social activity To promote compact forms of development in all areas of the municipality to ensure the efficient land use pattern essential for the achievement of sustainable development. In Particular, a compact urban area, which maximizes the use of serviced land through sensitive intensification, and appropriate phasing of new development, will form the basis of the policies for the Milton Urban Plan. Further to the above goals of the Milton Official Plan the proposed development provides for a mix of single detached, live-work, street townhouse and rear lane townhouse dwelling types. This provides for a greater mix of residential development in the Town and is sustainable development as it makes efficient use of land, resources, infrastructure and public service facilities. The proposed density of the development promotes alternate forms of transportation, such as walking or cycling to nearby areas, as there are a mix of uses within the subject lands and planned for near-by that make alternative forms of transportation a possibility. The proposed development contributes to a strong, livable, vibrant and healthy complete community by providing open spaces blocks and a mix of housing types and live-work units on the subject lands, as well as mixed use HUMPHRIES PLANNING GROUP INC. PAGE 24 OF 50

25 blocks for future mixed use development. Moreover, the surrounding approved plans provide for a mix of residential, commercial, employment uses, as well as open space blocks and a village square Plan Objectives To identify employment lands throughout the Urban Area, in both mixed uses areas (commercial/residential) and dedicated areas (industrial/commercial) to ensure a balanced live/work relationship and to reduce the need to commute to larger urban centres To encourage development which promotes the integration of the community and accessibility by residents to public service facilities inside and outside Milton, including physical features such as mixed use developments, transit and pedestrian supportive design, barrier free access for users of different ages, sizes and physical and mental abilities, and the provision of enhanced telecommunications facilities To promote a diverse transportation system for the Town as a whole and to encourage urban development which supports, through its design, density and mix of use, public transit, rail and interregional travel, pedestrian and bicycle transportation, in conjunction with the efficient accommodation of private automobiles and trucks To enable all residents to find housing, employment and social and community facilities within the Town, To encourage the creation of liveable and attractive residential environments which provide for a wide range of housing opportunities (including affordable housing for low and moderate income residents) within all residential neighbourhoods To coordinate development of the public realm and the private lands to ensure the creation of an attractive human scale environment for streets and other exterior spaces particularly in the Urban Area and Hamlet Areas To encourage, through the establishment and implementation of design guidelines, a pattern of built form which is designed to provide long term public benefits including: HUMPHRIES PLANNING GROUP INC. PAGE 25 OF 50

26 a) the achievement of complementary relationship between new and existing buildings, including the accommodation of innovative built forms; and b) The achievement of new developments which supports the Town s objectives with respect to the creation of an attractive human scale environment for streets and other open spaces To encourage that all proposed development promotes safety and security through the use of appropriate design strategies including: a) Natural Surveillance- a design strategy directed at keeping intruders under surveillance; b) Natural Access Control- a design directed at decreasing the opportunities for crime; c) Territorial Reinforcement- a design strategy which is directed at creating a sphere of influence so that users of an area develop a sense of proprietorship over it; and d) Protection from Natural Hazards- a design strategy directed at preventing accidents due to natural hazards, such as prohibiting the location of stormwater management ponds on or adjacent to school properties To encourage development which reinforces the community s identity, and protect significant existing heritage features and character areas. Further to the above Official Plan objectives, the proposed development provides for a mix of single detached, live-work units, street townhouse and rear lane townhouse dwelling types which enhances the mix of housing types and land uses in the community. The proposed development is pedestrian oriented and allows for close live work opportunities. The proposed density is also supportive of various modes of travel. The proposed development contributes to a safe, strong, livable, vibrant and healthy complete community. 3.2 RESIDENTIAL AREA GENERAL PURPOSE The Residential Area designation on Schedule "B" is designed for lands within the Urban Area where the predominant use of land is, or is intended to be, a mix of low and medium density residential development. RESIDENTIAL MIX IN URBAN EXPANSION AREA HUMPHRIES PLANNING GROUP INC. PAGE 26 OF 50

27 In accordance with the provisions of Section 2.7, Housing, and the policies of this Plan, residential development within areas designated "Residential Area" in the Urban Expansion Area on Schedule "B" shall: a) encourage an intermixing of unit types and low and medium density uses; b) encourage a general distribution of street-oriented Medium Density I residential uses in small blocks of 15 to 30 units throughout the individual planning districts; c) encourage a higher distribution of Medium Density I and II development adjacent to transit corridors; d) generally encourage medium density development that is street oriented and discourage development on private streets or lanes; and, e) be in accordance with the policies of subsections through to inclusive of this Plan when involving urban severances PERMITTED USES The Residential Area designation on Schedule "B" means that the uses shall be primarily low to medium density residential dwellings. Additional uses that are necessary to create a residential neighbourhood environment are also contemplated. The following uses are permitted: a) Low rise residential uses categorized as Low Density Residential such as detached dwellings with or without accessory apartments, duplex and semi-detached dwellings, townhousing and quattroplexes, at a maximum of 20 units per net hectare; b) Medium Density residential uses categorized as Medium Density Residential I such as street townhousing, stacked townhousing, triplexes, quattroplexes, and row housing at a maximum density of 35 units per net hectare in accordance with the policies of subsection ; c) Medium Density attached residential uses categorized as Medium Density Residential II such as stacked townhouses and apartments at a maximum density of 70 units per net hectare in accordance with the policies of subsection ; d) Special needs housing, including Group Homes Type 1 and Group Homes Type 2, but not Correctional Group Homes, in accordance with the policies of subsection ; d) Rooming, boarding and lodging houses and bed and breakfast establishments in accordance with the policies of subsection ; HUMPHRIES PLANNING GROUP INC. PAGE 27 OF 50

28 3.2.3 RESIDENTIAL AREA POLICIES MEDIUM DENSITY RESIDENTIAL I e) One accessory apartment in a detached dwelling unit in accordance with the policies of subsection ; f) Garden suites in accordance with the policies of subsection ; g) Local Institutional Uses which by their activity, scale and design are compatible with residential uses and which serve adjacent residential areas, including elementary schools, libraries, place of worship, day care facilities and community centres, in accordance with the policies of subsections and ; h) Local Commercial Uses including limited convenience commercial, service stations and office uses which provide for the immediate needs of residents of adjacent neighbourhoods in accordance with the policies of subsections and ; i) Home Occupation uses in accordance with the policies of subsection ; and, j) Parks, and other public spaces such as Urban Squares and Village Squares in accordance with the regulations of the Zoning By-law Applications for development of residential uses in the Medium Density Residential I category at a density of 35 units per net hectare or less, or proposed sites for such uses in Secondary Plans, shall be evaluated based on conformity with all of the following criteria: a) Site: i) The area of the site allows for integration of the proposed medium density development with adjacent low density development; and, ii) The area of the site provides for adequate buffering for any adjacent low density residential uses (particularly in an infill situation), appropriate on-site recreation amenities and adequate parking facilities. b) Location: i) The site is generally located so that the development is well integrated with adjacent low density development and a gradation in density between uses is generally achieved; and, ii) The site is in general proximity to a park, natural area, local institutional or local commercial facility. c) Height: HUMPHRIES PLANNING GROUP INC. PAGE 28 OF 50

29 The height of the main buildings does not exceed three storeys. d) Services: Adequate piped municipal water and wastewater services and storm drainage facilities can be provided. e) Development Plan Submission of a development plan for sites in the Existing Urban and Urban Expansion Areas as shown on Schedule "B", Urban Area Land Use Plan, will be required. NET RESIDENTIAL AREA means an area consisting of one or more surveyed and registered lots, blocks or parcels the principal or proposed use of which is dwellings. The proposed development provides for 2 storey single detached dwellings and 3 storey townhouse dwellings in close proximity to existing commercial uses and a natural area to be preserved on the site, which conforms to the Milton Official Plan. The density of the proposed medium density development is units per net hectare per the definition of net residential area in the Official Plan, which conforms to maximum density for Medium Density Residential of 35 units per net hectare 4.8 GREENLANDS A AREA GENERAL PURPOSE The purpose of the Greenlands A Area designation is: a) To define hazard lands for the protection of life and property; b) To protect the diversity of fauna and flora, ecosystems, plant communities, and significant landforms of the Rural System and Greenlands System in Milton; c) To maintain the water quality and natural flow regulation of rivers, streams and wetlands within the Rural, Escarpment and Hamlet Areas of Milton; d) To provide opportunities, where appropriate, for passive outdoor recreational activities; e) To contribute to a continuous natural open space system to provide a visual separation of communities and to provide continuous corridors between ecosystems; f) To protect significant scenic and heritage resources; g) To achieve no loss of function or area of Provincially Significant Wetlands; and, h) To maintain or enhance fish and wildlife habitats. CRITERIA FOR DESIGNATION HUMPHRIES PLANNING GROUP INC. PAGE 29 OF 50

30 The Greenlands A Area designation includes only land and water areas that meet one or more of the following criteria: a) Areas included in the Regulatory Flood Plains, as determined and mapped by the appropriate Conservation Authority, and refined from time to time, as shown on Schedule "B" of this Plan; b) Provincially Significant Wetland, as determined by the Ministry of Natural Resources and refined from time to time; and, c) Significant valley lands or significant portions of the habitat of endangered and threatened species, as determined by the Town, the Region, the appropriate Conservation Authority and the Ministry of Natural Resources, as refined from time to time. SETBACKS Although not considered to be part of the Greenlands A Area designation, a general setback of a minimum of 7.5 metres from the stable top of channel bank of a watercourse or 15 metres from a stable top of valley bank of a watercourse, whichever is greater, shall be required for all development unless a Subwatershed Study or an Environmental Impact Assessment Study recommends more appropriate setbacks based on the natural features and functions for which the area was identified PERMITTED USES The Greenlands A Area designation on Schedule "A" and Schedule "B" means that the following uses may be permitted subject to the policies of this Plan: a) existing agricultural operations; b) non-intensive recreation uses such as nature viewing and pedestrian trail activities only on publicly owned lands or on the Bruce Trail; c) forest, wildlife and fisheries management; d) archaeological activities; e) essential transportation and utility facilities; f) uses permitted in Park or Open Space Master or Management Plans which are not in conflict with the Niagara Escarpment Plan if the subject land is located within the Niagara Escarpment Plan area; and, g) essential watershed management and flood and erosion control projects carried out or supervised by a public authority. HUMPHRIES PLANNING GROUP INC. PAGE 30 OF 50

31 4.8.3 GREENLANDS A AREA POLICIES DEVELOPMENT The erection of buildings and structures or the placing or removal of fill of any kind or any alteration to a watercourse or valley shall be prohibited within the Greenlands A Area, or within 120 metres of a Provincially Significant Wetland except for existing agricultural operations, or sites licensed under the Aggregate Resources Act, or where specifically exempted based on consultation between the Area Municipality, the appropriate Conservation Authority and the Ministry of Natural Resources and the Niagara Escarpment Commission, within the Niagara Escarpment Plan as per the policies of Section 4.5 of this Plan. As such, it is also not the intention of this Plan to preclude access to or use of Provincially Significant Wetlands or the Greenlands A Area for the purposes of operating, maintaining, upgrading and/or expanding the existing or future facilities of TransCanada Pipelines Limited provided that all of the requirements of the National Energy Board Act are adhered to Buildings, structures or works or alterations thereto subject to subsection for the permitted uses or applications for an Official Plan amendment or rezoning application to permit any other development (including applications in areas where a Secondary Plan is under preparation) shall only be considered for approval by the Town, in consultation with the Region of Halton, the appropriate Conservation Authority and, where applicable, the Niagara Escarpment Commission, provided that the applicant has submitted the studies required in accordance with the policies of subsection of this Plan, and that: a) any environmental and/or physical hazards which affect the site can be mitigated in a manner consistent with accepted engineering techniques and resource management practices; and, b) such buildings, structures and works will not locate in significant natural areas and are designed in a manner which: i) recognizes natural ecological systems and processes and ensures they are maintained and enhanced; ii) minimizes disruption to existing landforms and landscape features including vegetation, wetlands, steep slopes and groundwater discharge areas through such approaches as clustering works on less sensitive parts of the site; HUMPHRIES PLANNING GROUP INC. PAGE 31 OF 50

32 iii) will result in no changes to the natural quality and quantity of ground and surface water resources; iv) will result in the maintenance and/or enhancement of existing aquatic ecosystem functions; and, v) will result in the maintenance and/or enhancement of existing terrestrial ecosystem functions; c) the required setbacks established in accordance with the policies of subsection of this Plan can be met; and, d) within the Niagara Escarpment Plan Area where Development Control exists, a development permit has been issued by the Niagara Escarpment Commission The Town, in consultation with the Region of Halton, the appropriate Conservation Authority and, where applicable, the Niagara Escarpment Commission, as a basis for the evaluation of buildings, structures or works subject to subsection and of this Plan will require submission of: a) appropriate engineering studies conducted by the applicant to the satisfaction of the Town, the Region of Halton, the appropriate Conservation Authorities, and, where applicable, the Niagara Escarpment Commission, which address: i) the existing environmental and/or physical hazards which affect the site; ii) the potential impact of such hazards; iii) the potential impact of the proposed works on the lands and features in the Greenlands A Area, particularly the natural quality and quantity of ground and surface water resources; and, iv) consistent with accepted engineering techniques and resource the proposed methods by which these impacts may be mitigated in a manner management practices. b) an environmental impact assessment (EIA) prepared to the satisfaction of the Town and the Region of Halton and, where applicable, the Niagara Escarpment Commission, in consultation with the appropriate Conservation Authority, which provides an inventory and analysis of all natural features and ecological functions on the site including vegetation, wildlife habitat, fish habitat, wetlands, steep slopes and ground water discharge areas, which are essential for maintaining natural fluvial processes. As part of the EIA process, the identification in the field of the exact boundary of all ESA's shall be required. As well, the recommended mitigation measures shall address, at a minimum, the requirements of subsection b), and be HUMPHRIES PLANNING GROUP INC. PAGE 32 OF 50

33 ZONING established on a site specific basis resulting from the preparation of the EIA; and, c) a detailed site plan, and landscaping and grading plans prepared to the satisfaction of the town and, where applicable, the Niagara Escarpment Commission, which demonstrate: i) how natural ecological systems and processes will be maintained; and, ii) how disruption to existing landform and landscape features will be minimized The boundaries of the Greenlands A Area are delineated in a conceptual manner on Schedule "A", Land Use Plan, and Schedule "B", Urban Area Land Use Plan, and on any relevant Secondary Plan Schedules in Part C of this Plan. The extent and exact location of the boundaries shall be delineated in the implementing Zoning By-law in accordance with detailed flood plain mapping provided by the appropriate Conservation Authority and Provincial agencies, and will not require an amendment to this Plan. Within the Niagara Escarpment Plan Area where zoning does not apply, the detailed location of the boundaries of the Greenlands A Area will be determined by the Niagara Escarpment Commission in consultation with the Town, the appropriate Conservation Authority, and other Provincial agencies, as appropriate Lands in the Greenlands A Area will be zoned Open Space Conservation (OSC) in the implementing Zoning By-law except within the Area of the Niagara Escarpment Plan, where zoning does not apply. Within the Niagara Escarpment Plan Area, the lands will be recognized as Escarpment Natural Area. New buildings, expansion of existing non-conforming buildings and structures and land filling shall be prohibited except where specifically exempted by the Town and the Region of Halton, in consultation with the appropriate Conservation Authority, and subject to a rezoning. Within the Niagara Escarpment Plan Area, such uses require approval by the Niagara Escarpment Commission, in consultation with the Town, the Region of Halton, and the appropriate Conservation Authority unless the development is specifically exempted by Ontario Regulation 828/90 (as amended) The Zoning By-law shall incorporate general setbacks for buildings, structures, parking areas and other similar facilities from the Greenlands A Area in relation to the extent and severity of the existing or potential hazard and/or the sensitivity of the natural HUMPHRIES PLANNING GROUP INC. PAGE 33 OF 50

34 OWNERSHIP environmental features and ecological functions of the area. This general setback will be evaluated for specific development applications and as part of any Secondary Plan process or during the processing of individual development or subdivisions by the Town and the Region of Halton, in consultation with the appropriate Conservation Authority, and as established in the Zoning By-law, to provide the appropriate setback required to protect the area from the impacts of construction and development. A greater setback may be required to reflect specific circumstances; however, special consideration shall be given to agriculture related buildings, including residential dwellings, to maintain the long term availability of existing agricultural operations, without compromising the safety of such buildings. Within the Niagara Escarpment Plan Area where zoning does not apply, it is the intent of the Town that where the general setbacks for buildings, structures, parking areas, and other similar facilities from the Greenlands A Area are more restrictive than the Development Criteria of the Niagara Escarpment Plan, that the setbacks of the Zoning By-law be applied by the implementing authorities Where any land designated as Greenlands A Area is held under private ownership, this Plan shall not be construed as implying that such areas are free and open to the general public nor that the lands shall be purchased by the Town or other public agency; although the Region and the Town shall ensure that consideration be given to the acquisition of the critical parts of the Greenlands System through the development approval process as permitted by legislation. Existing agricultural operations within the Greenlands System will be recognized and can continue. PARKLAND DEDICATION Where new development is proposed on a site, part of which is designated Greenlands A Area, such lands shall not be considered acceptable as part of the dedication for park purposes as required by the Planning Act unless special arrangements are made with the Town. The proposed development provides blocks for open space purposes with buffers which preserve the environmental features associated with Sixteen Mile Creek. The limits of the environmental features are based on various supporting studies submitted with the planning application and the top of bank and drip line as staked on July 27, 2007 and April 28, 2014 respectively with the Conservation HUMPHRIES PLANNING GROUP INC. PAGE 34 OF 50

35 Authority. These open space blocks will be dedicated to the Conservation Authority as part of the approval process. The proposed development conforms to the policies of the Town of Milton Official Plan. 4.5 SHERWOOD SURVEY SECONDARY PLAN- OPA No.15 The Sherwood Survey Secondary Plan (OPA 15) was adopted by Council on July, 2004 and approved by Halton Region on December 24, The purpose of the Sherwood Survey Secondary Plan is to establish a more detailed planning framework for the Sherwood Survey Planning District in support of the general policy framework provided by the Official Plan. The subject land falls within a Sub-Neighbourhood of the Milton Heights Neighbourhood according to Schedule C-8-A Community Structure Plan of the Sherwood Survey Secondary Plan. HUMPHRIES PLANNING GROUP INC. PAGE 35 OF 50

36 Figure 13: Schedule C8A Community Structure Plan, Sherwood Survey Secondary Plan (* Subject Lands) Section C.8.3 Goals and Objectivess states the following: Further to and in accordance with, the goals and objectives of Section 2 of the Official Plan, the following specific goal and objectives are applicable to the Sherwood Survey Secondary Plan. C Goal HUMPHRIES PLANNING GROUP INC. PAGE 36 OF 50

37 to create a safe, liveable, attractive and healthy community in Sherwood Survey which has the strong sense of community and the environment evident in Milton today, and which is designed to be integrated with the Existing Urban Area and its Central Business District. C C C C C C Objectives to create strong physical connections with the Existing Urban Area, particularly the Central Business District, to ensure maximum opportunities for integration of the two areas. to ensure through the establishment of urban design guidelines and other measures a high quality and consistent level of urban design for both public and private areas of the community. Housing Mix General Housing Mix Target The ultimate housing mix targets for the Urban Area found in Section of the Official Plan, shall apply to The Sherwood Survey Planning District. These targets are 60 per cent single detached and semi-detached, 15 per cent row housing or similar housing forms and 25 per cent apartment or similar housing form mix. Residential Density Distribution Notwithstanding the policies of of the Official Plan, which encourage an even distribution of residential density throughout the Urban Area, and the HUSP direction to achieve an overall density of 30 units per net hectare, in the Sherwood Survey Planning District, residential development in Neighbourhoods in proximity to the Niagara Escarpment shall have a lower density than those neighbourhoods which are not adjacent to the Escarpment to ensure that development is sensitive to the Escarpment environment. The average density in each neighbourhood as designated on Schedule C-8-A1 shall be: a) Milton Heights Neighbourhood 15 units per net hectare, although lots situated abutting Provincial Freeways, Major Arterial Roads and Railway Corridors may be developed at 30 units per net hectare; The density of the proposed medium density development is units per net hectare per the definition of net residential area in the Official Plan. This is slightly above the overall average requirement for the Milton Heights HUMPHRIES PLANNING GROUP INC. PAGE 37 OF 50

38 Neighbourhood, as outlined in the Sherwood Survey Secondary Plan OPA 15, however there are many other sites developing at a lesser density therefore the proposed development conforms to this overall average. The subject land is designated Residential Area" according to Schedule C-8-D Land Use Plan of the Sherwood Survey Secondary Plan. Figure 14: Schedule C8D Land Use Plan, Sherwood Survey Secondary Plan (* Subject Lands) HUMPHRIES PLANNING GROUP INC. PAGE 38 OF 50

39 Residential Area - Residential Mix C The residential mix in the Sherwood Survey Planning District as a whole, and for individual subdivisions which exceed 200 lots in size, shall be in accordance with the ultimate housing mix targets for the Urban Area, the policies of Subsection of the Official Plan and the density distribution policies of Section C of this Plan. In addition: a Medium Density I residential uses shall have a minimum density of 20 units per net hectare and a maximum of 35 units per net hectares. Street-oriented Medium Density 1 residential uses shall be encouraged to be interspersed with single and semi-detached dwelling units throughout to Planning District in small blocks of from five to 30 units and particularly in areas adjacent to the Neighbourhood Centre. b. Medium Density II uses shall be encouraged to locate adjacent to arterial roads and shall have a minimum density of 35 units per newt hectare and a maximum of 70 units per net hectare; and, c. All individual residential units shall be encouraged to front on and have access to public roads: however, where development fronts on arterial roads, vehicular access may be provided from hybrid roads, lanes or service roads subject to the approval of the Town in consultation with the Region. C MEDIUM DENSITY RESIDENTIAL I Where street-oriented medium density residential uses, such as street townhouses, are interspersed with single and semi-detached dwelling units in blocks of five to 30 units, the policies of subsections a), b) i), and e) of this Plan shall not be applicable. However, such development shall be evaluated and will be to the satisfaction of the Town at the draft plan of subdivision stage to ensure appropriate integration with the adjacent low density dwelling units in accordance with the Urban Design Guidelines which form part of the Sherwood Survey Planning District Implementation Strategy. The submission of building elevations may be required to assist in the evaluation of such proposals. The density of the proposed medium density development is units per net hectare per the definition of net residential area in the Official Plan. This is below the 35 units per hectare maximum for Medium Density Residential I. The majority of units have access to public roads. There are condominium townhouse units HUMPHRIES PLANNING GROUP INC. PAGE 39 OF 50

40 that within Block 74 that have proposed rear lane access, but this Block fronts onto an arterial road, New Termaine Road, and as such conforms to the above policies. C GREENLANDS A AREA The Greenlands A Area policies in Sections 3.12 and 4.8 of the Official Plan shall apply to the lands in the Greenlands A Area designation on Schedule "C-8-D". However, it should be noted that the boundaries of the Greenlands A Area designations on Schedule "C-8-D" have been designated in a conceptual manner based on the functional recommendations of the Indian Creek Sub- Watershed Study and the Sixteen Mile Creek Sub-Watershed Study Area 2 for the Sherwood Survey Secondary Plan Area. These boundaries, which would include any required buffers, apply subject to verification as part of the completion of the subwatershed planning process and the preparation of the Subwatershed Impact Studies, in accordance with policies of the Regional Official Plan and in consultation with Conservation Halton. Where, as part of the completion of the subwatershed planning process, and the preparation the Subwatershed Impact Study, it is recommended that the boundary of the Greenlands A Area can be altered, and the Town approves the recommendation, in consultation with Conservation Halton, the adjustments can be made without further amendment to this Plan. An adjacent land use designation shall be deemed to apply to any lands removed from the Greenlands A Area designation and the underlying designation shall be removed from any lands added to the Greenlands A Area. Further, the lands in the Greenland A Area designation are considered to be a crucial part of the proposed greenlands open space system intended for the Urban Area and shall be acquired by the Town of Milton in accordance with the policies of Section of this Plan. The proposed development provides blocks for open space purposes will preserve the environmental features associated with Sixteen Mile Creek, which dissects the south western portion of the site, as well as the required buffer. The limits of the environmental features is based on various supporting studies submitted with the planning application and the top of bank and drip line were staked on July 27, 2007 and April 28, 2014 respectively with the Conservation Authority. These open space blocks will be dedicated to the Conservation Authority as part of the approval process. The subject land is designated Phase 2C according to Schedule C-8-F Phasing Plan of the Sherwood Survey Secondary Plan. HUMPHRIES PLANNING GROUP INC. PAGE 40 OF 50

41 Figure 15: Schedule C8F Phasing Plan, Sherwood Survey Secondary Plan C.8.6 Implementation Further to, and in accordance with, the existing Implementation policies of Section 5.0 of this Plan, the following policies are applicable to the Sherwood Survey Planning District. C C Phasing and Finance Development in the Sherwood Survey Planning District shall proceed to three phases, 2A, 2B, and 2C as designated on HUMPHRIES PLANNING GROUP INC. PAGE 41 OF 50

42 Schedule C-8-F. Prior to the commencement of development in each phase, an acceptable financing plan must be approved by the Town and Region and any additional financial and other requirements of the Town and the Regional Municipality of Halton shall be satisfied, confirmation shall be received from utility providers and schools be satisfied, confirmation shall be accommodated; and the following conditions must be met: a Phase 2B- 60% of the developable land area of Phase 2A must be in registered plans of subdivisions prior to the commencement of development in Phase 2B, b Phase 2C- 60% of the developable land area of Phase 2B must be in registered plans of subdivisions prior to the commencement development in Phase 2C. The plan of subdivision is located in Phase 2C of the Sherwood Survey Planning District, which is the third phase of development. It is our understanding that an appropriate percentage of Phases 1 through 2 have already been registered. The proposed development conforms to the policies of the Sherwood Survey Secondary Plan (OPA 15). 4.6 MILTON HEIGHTS NEIGHBOURHOOD - OPA NO. 38 The Milton Heights Neighbourhood Local Official Plan Amendment No. 38 (OPA 38) dated March 3, 2014 was approved by the Ontario Municipal Board, as a result of OMB Cases PL101316, PL and PL The OMB found that the Royal Park/Milton Meadows, Century Grove and Andrin development applications/proposals were not premature as the draft plans can be approved with a condition for eventual servicing. The neighbouring planning applications surrounding the subject land were approved by the Board and OPA 38 was also approved to facilitate the current planning applications on the subject land. OPA 38 deletes the requirement for an approved Tertiary Plan for the Milton Heights Neighbourhood prior to any development occurring per Policy C a). OPA 38 also amends Section C a) by permitting a range of 15 to 40 units per hectare. The density of the proposed medium density development is units per net hectare per the definition of net residential area in the Official Plan. This is within the range of permitted density per OPA 38. The proposed development conforms to the policies of the Milton Heights Neighbourhood Local Official Plan Amendment No. 38 (OPA 38). HUMPHRIES PLANNING GROUP INC. PAGE 42 OF 50

43 4.7 ZONING BY-LAW NO The subject land is zoned FD Future Development Zone according to Schedule A- Urban Area Zoning, Zoning By-law , Consolidated November Figure 16: ZBL Schedule A - Urban Area Zoning (* Subject Lands) HUMPHRIES PLANNING GROUP INC. PAGE 43 OF 50

44 Section 12 Future Development Zone of Zoning By-law No states the permitted uses of the Future Development Zone are as follows: Only uses that legally existed on the date of this By-law comes into effect are permitted. The development of new buildings or structures is not permitted. Notwithstanding the above, additions to existing buildings and structures and accessory buildings or structures are permitted provided they comply with the following provisions: i Minimum Required Front Yard 4.0m ii Minimum Required Exterior Side Yard 4.0m iii Minimum Required Interior Side Yard 1.2m iv Minimum Required Rear Yard 7.5m v Accessory buildings or structures are subject to the regulations for Residential Zones as set out in Section As such, a rezoning of the subject lands to the RMD1 Residential Medium Density 1 Zone with Site Specific Exceptions to permit the proposed draft plan of subdivision. The Site Specific Exceptions include: For Townhouses with Lanes Access (Interior Units): Minimum Frontage 4.5m Minimum Lot Depth of 25m Minimum Rear Yard Setback, where garage is attached, of 6.1m For Townhouses with Lanes Access (End Units): Minimum Frontage 6m Minimum Lot Depth of 25m Minimum Rear Yard Setback, where garage is attached, of 6.1m For Townhouses with Lanes Access (End Corner Units): Minimum Frontage 4.5m Minimum Lot Depth of 25m Minimum Rear Yard Setback, where garage is attached, of 6.1m HUMPHRIES PLANNING GROUP INC. PAGE 44 OF 50

45 These exceptions are described further in Section 7 of this Report, which provides a draft Zoning By-law Amendment. 5. SUPPORTING STUDIES In addition to the Planning Justification Report, a number of supporting studies and plans have been completed in support of the proposed Zoning By-law Amendment and Draft Plan of Subdivision. The main conclusions and recommendations of the supporting studies have been summarized in the subsections below. 5.1 TRANSPORATION/TRAFFIC IMPACT ASSESSMENT A transportation/traffic impact assessment has been completed by R.J. Burnside, which indicates that study intersections will operate with excess capacity and minimal delay. Based on these findings, no additional improvements are required. These findings are consistent with the Milton Heights Traffic Impact Study, prepared by HDR, dated February 2013, which was prepared as part of the overall subdivision. 5.2 ENVIRONMENTAL SITE ASSESSMENT An environmental site assessment, dated January 2015, has been completed by Pinchin Environmental Ltd. Based on the results of the assessment, there were no matters identified as being likely to result in potential subsurface impacts to the site. As such, no subsurface investigation work (Phase 2 ESA) is recommended at this time. 5.3 FUNCTIONAL SERVICING & STORMWATER MANAGMENT REPORT A functional servicing and stormwater management report has been completed by Urbantech Consulting, dated. The report demonstrates that the proposed drainage system is compatible with the Subwatershed Impact Study within the Sherwood Survey Secondary Plan and MOE Guidelines. The report further concludes that the proposed development can be serviced on full municipal services in accordance with the approved servicing strategies for the Sixteen Mile Creek, Sherwood Survey, Subwatershed Management Study. HUMPHRIES PLANNING GROUP INC. PAGE 45 OF 50

46 5.4 GEOTECHNICAL INVESTIGATION & SOILS REPORT Geotechnical investigation and soils reports, dated July 20111, have been completed by Shad and Associates. The purpose of the geotechnical investigation was to obtain information about the subsurface conditions at the site by means of a number of boreholes. Based on their interpretation of the data obtained, recommendations are provided on the geotechnical aspects of the proposed construction. Based on the subsurface conditions encountered at the borehole locations, below a surficial topsoil and/or fill layer, the site is predominantly underlain by clayey silt till extending to the completion of the boreholes. Occasional sand and silt layers were also noted within the till deposits. 5.5 ARBORIST REPORT AND ENVIRONMENTAL IMPACT STATEMENT An arborist report and environmental impact statement, dated November 2015, has been completed by Beacon Environmental. The Arborist Report assessed all trees on site and found that based on a review of the draft plan and grading requirements, the majority of trees will require removal to accommodate the proposed development. Additionally, construction of the Region of Halton s approved realignment of Tremaine Road in the eastern portion of the property will necessitate the removal of tree groups. 5.6 NOISE REPORT An noise report, dated, has been completed by Valcoustics Canada. The Report concludes that the proposed development is considered as being feasible, based on demonstrating compliance with the applicable noise guidelines. This involves implementing the 12 recommendations provided in the Report. 5.7 ARCHAEOLOGICAL ASSESSMENT A Stage 1 and 2 archaeological assessment, dated January 2015, was completed by AMICK Consultants. As a result of the Stage 1 portion of the study it was determined that the study area has archaeological potential on the basis of proximity to water, proximity to historic settlement structures, and the location of early historic settlement roads adjacent to the study area. No archaeological sites or resources were found during the Stage 2 survey of the study area. As a result of the property Assessment of the study area, no archaeological resources were encountered. Consequently, the following recommendations were made: - no further archaeological assessment of the study area is warranted; HUMPHRIES PLANNING GROUP INC. PAGE 46 OF 50

47 - the Provincial interest in archaeological resources with respect to the proposed - undertaking has been addressed; - the proposed undertaking is clear of any archaeological concern. 6. CONCLUSION The proposed development is consistent with the applicable policy documents, including the 2014 Provincial Policy Statement, Places to Grow Policy, Halton Region Official Plan, and the Town of Milton Official Plan. The proposed development provides for medium density housing which will contribute to the mix of housing options in the Town at a density that supports active transportation and public transit. The proposed development will also preserve the natural heritage and hydrogeological features and associated minimum vegetation protection zones for conservation purposes. To further supplement the submission of the planning applications as filed with the Town of Milton, the following reports have been completed: Planning Justification Report, Functional Servicing and Stormwater Management Report, Archaeological Assessment, Geotechnical Investigation, Noise Report, Soils Report, Traffic Impact Study, Environmental Impact Statement, Environmental Site Assessment and Tree Inventory/Preservation Plan. These documents demonstrate that the proposed development is appropriate from a technical, policy and public interest perspective and properly balance the interests of the environment and the existing area. The applications represent good land use planning and are appropriate for approval. HUMPHRIES PLANNING GROUP INC. PAGE 47 OF 50

48 7. DRAFT ZONING BY-LAW AMENDMENT THE CORPORATION OF THE TOWN OF MILTON BY-LAW NO BEING A BY-LAW TO AMEND THE TOWN OF MILTON COMPREHENSIVE ZONING BY-LAW , AS AMENDED, PURSUANT TO SECTION 34 OF THE PLANNING ACT, AS AMENDED, IN RESPECT OF THE LANDS DESCRIBED AS PART OF THE NORTH EAST HALF OF LOT 3, CONCESSION I, FILE: Z-XX/XX. WHEREAS the Council of the Corporation of the Town of Milton deems it appropriate to amend Comprehensive Zoning By-law , as amended; AND WHEREAS the Town of Milton Official Plan provides for the lands affected by this by-law to be zoned as set forth in this by-law; NOW THEREFORE the Council of the Corporation of the Town of Milton hereby enacts as follows: 1) THAT Schedule A to Comprehensive Zoning By-law , as amended, is hereby amended by changing the existing Future Development (FD) zone symbol to Residential Medium Density 1 *XX (RMD1 *XX) zone symbol on the land shown on Schedule A attached hereto. 2) THAT Section 13.1, Subsection XX, is amended by adding the following provisions: For lands zoned Residential Medium Density 1 *XX (RHD*XX), the following provisions apply: i) Notwithstanding Table 6C the following site specific exceptions apply to the lands shown on Schedule A: a) For Townhouses with Lanes Access (Interior Units): HUMPHRIES PLANNING GROUP INC. PAGE 48 OF 50

49 i. Minimum Frontage 4.5m ii. Minimum Lot Depth of 25m iii. Minimum Rear Yard Setback, where garage is attached, of 6.1m b) For Townhouses with Lanes Access (End Units): i. Minimum Frontage 6m ii. Minimum Lot Depth of 25m iii. Minimum Rear Yard Setback, where garage is attached, of 6.1m c) For Townhouses with Lanes Access (End Corner Units): i. Minimum Frontage 4.5m ii. Minimum Lot Depth of 25m iii. Minimum Rear Yard Setback, where garage is attached, of 6.1m 3) If no appeal is filed pursuant to Section 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, or if an appeal is filed and the Ontario Municipal Board dismisses the appeal, this by-law shall come into force on the day of its passing. If the Ontario Municipal Board amends the by-law pursuant to Section 34 (26) of the Planning Act, as amended, the part or parts so amended come into force upon the day the Board s Order is issued directing the amendment or amendments. READ A FIRST, SECOND AND THIRD TIME, and FINALLY PASSED this day of, OR CLERK MAY G.A. Krantz TOWN T. McHarg HUMPHRIES PLANNING GROUP INC. PAGE 49 OF 50

50 HUMPHRIES PLANNING GROUP INC. PAGE 50 OF 50