Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 08, 2024
CASE NO(S).: OLT-22-004717
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Frontenac Forest Estates Inc. et al.
Subject: Official Plan Amendment
Description: To implement policy directions for the Trafalgar Secondary Plan through OPA (OPA 54)
Property Address: Lands within the Trafalgar Secondary Plan area
Municipality/UT: Milton/Halton
Municipal File No.: OPA No. 54
OLT Case No.: OLT-22-004717
OLT Lead Case No.: OLT-22-004717
OLT Case Name: Frontenac Forest Estates Inc. v. Halton (Region)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Requested by: The Town of Milton
Requested for: Request for Directions
Heard: January 19, 2024 by Written Hearing
APPEARANCES:
Parties
Counsel
Town of Milton
Eileen Costello David Neligan
Halton Region
Isaac Tang Brett Davis
Frontenac Forest Estates Inc.
Patrick Harrington
Milton P4 Trafalgar Landowners Group Inc.
Denise Baker
2076828 Ontario Limited and White Squadron Development Corporation
Scott Snider Anna Toumanians
Hannover Trafalgar Farms Limited, Milton Sheva Land Limited, York Trafalgar Golf Corporation and Comarin Corporation (Collectively, “York Trafalgar”)
Katarzyna Sliwa Jessica Jakubowski
Remington Trafalgar Inc.
David Bronskill
Frank Varga and the Varga Family Farm Partnership
Russell Cheeseman Stephanie Fleming
Manaman Developments (8th Line) Inc.
Russell Cheeseman Stephanie Fleming
DECISION DELIVERED BY S. Dixon AND ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION
1This Decision and Order arises from appeals filed pursuant to s. 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), concerning Official Plan Amendment No. 54 (“OPA 54”) to the Town of Milton (“Town”) Official Plan.
2OPA 54 seeks to introduce the Trafalgar Secondary Plan (“Trafalgar SP”) for lands generally bounded by Derry Road to the north, Eighth Line to the east and the Greenbelt Plan Area to the south and west, within the Town’s Urban Expansion Area.
3The Trafalgar SP was adopted by the Town on March 25, 2019, and approved by the Region of Halton (“Region”) with modifications on September 23, 2022. Seven appeals were subsequently filed by: (1) Frontenac Forest Estates Inc.; (2) Milton P4 Trafalgar Landowners Group Inc.; (3) 2076828 Ontario Limited and White Squadron Development Corporation; (4) York Trafalgar (comprised of Hannover Trafalgar Farms Limited, Milton Sheva Land Limited, York Trafalgar Golf Corporation, and Comarin Corporation); (5) Remington Trafalgar Inc.; (6) Frank Varga and the Varga Family Farm Partnership; and (7) Manaman Developments (8th Line) Inc. (collectively, “Appellants”).
SETTLEMENT
4Following what the Town describes as an iterative process of discussion and negotiation, the Parties reached a partial settlement of the Appeals, whereby:
Approximately 20 policies of the Trafalgar SP are not in dispute and are not proposed to be modified; and
Approximately 41 policies of the Trafalgar SP are proposed to be modified.
5Collectively, the above policies represent the “Resolved Policies” of the Trafalgar SP. Approximately 16 policies continue to be at issue between the Parties and remain under appeal (“Unresolved Policies”).
6The Town filed a Motion for Partial Approval of the Trafalgar SP with the Tribunal on consent of all Parties (“Motion Record”). The Motion Record – hereby marked as Exhibit 1 – requests the approval of the Resolved Policies.
7In support of the approval of the Resolved Policies, Exhibit 1 contains the sworn Affidavit of Jill Hogan, the Commissioner of Development Services with the Town. Ms. Hogan is a Registered Professional Planner and has been practicing land use planning in various capacities since 1998. She is hereby qualified by the Tribunal to provide expert opinion evidence on matters pertaining to land use planning.
ANALYSIS
Resolved Policies
8Ms. Hogan proffers that the Resolved Policies, identified in Exhibit “H” to her Affidavit, address: the target population; the range, mix and density of housing; the transportation network; stormwater management; parkland; aspects of the implementation process; and general modifications to address grammatical errors and provide additional clarification.
9In Ms. Hogan’s professional opinion, the Resolved Policies promote and facilitate a transit-oriented plan with a variety of permitted heights, densities, and other elements of a complete community to achieve the desired urban form and the minimum density targets within the Trafalgar SP. It is her opinion that the Resolved Policies:
a) Have regard to matters of provincial interest as set out in s. 2 of the Act, and in particular matters 2(a), 2(f), 2(h), 2(i), 2(j), 2(l), 2(m), 2(n), 2(o), 2(p), 2(q), and 2(r);
b) Are consistent with the Provincial Policy Statement, 2020 (“PPS”), including Policies/Sections 1.1.1, 1.1.2, 1.1.3, 1.4.3, 1.5, 1.6, and 1.6.7;
c) Conform to or do not conflict with the Growth Plan for the Greater Golden Horseshoe, 2019, as amended (“Growth Plan”), including Policies/Sections 1.1, 1.2, 1.2.1, 2.1, 2.2.1, 2.2.6, 2.2.7, 3.1, 3.2.1, 3.2.2, 3.2.6, 3.2.7, 4.2.2, 4.2.5, 4.2.10, 5.1, 5.2; and
d) Conform to the Region Official Plan (“ROP”), and in particular Part III – Land Use Designations, Section 77(2.4), and Section 77(5).
10Approval of the Resolved Policies, Ms. Hogan proffers, will solidify a framework for the orderly development of lands within the Trafalgar SP, provide certainty and clarity to both landowners and planning authorities, protect the economic wellbeing of the Town and Region, and resolve a number of planning conflicts between public and private interests.
11In Ms. Hogan’s opinion, the Resolved Policies attain many of the Region’s planning goals and objectives, including providing clear direction as to how physical development should take place in the Region to meet the current and future needs of its people, supporting sustainable development, building healthy communities, and supporting a sustainable and prosperous economy within the Region.
Unresolved Policies
12According to Ms. Hogan, the Unresolved Policies (listed in Exhibit “H” to her Affidavit) largely address matters related to the Natural Heritage System, as well as policies related to tertiary planning requirements and the ongoing roles of the Region throughout these processes. The Unresolved Policies will be the subject of ongoing negotiations and/or a future hearing event before the Tribunal.
Additional Tribunal Modifications
13Pursuant to s. 17(50) of the Act, the Tribunal may make modifications to a plan appealed under s. 17 (including the Trafalgar SP, in this instance), approve all or part of the plan as modified, or refuse to approve all or part of the plan:
Powers of Tribunal
(50) On an appeal or a transfer under this section, the Tribunal may approve all or part of the plan as all or part of an official plan, make modifications to all or part of the plan and approve all or part of the plan as modified as an official plan or refuse to approve all or part of the plan. 1996, c. 4, s. 9; 2017, c. 23, Sched. 3, s. 6 (25); 2019, c. 9, Sched. 12, s. 3 (22).
Modified Policies
14Following a detailed review of the Resolved Policies, the Tribunal canvassed the Parties to provide clarification on a subset of same regarding the intended policy outcomes or their proposed implementation. Having received submissions from the Parties on the subset of policies, the Tribunal has modified the Resolved Policies as follows:
a) Removing one instance of the word “or” from Policy C.11.6.1;
b) Modifying Policy C.11.6.3 to clarify the policy intent;
c) Deleting Policy C.11.7.1.6 j) and replacing it with a new standalone Policy C.11.7.1.8;
d) Renumbering the remainder of Policy C.11.7.1.6, accordingly; and
e) Modifying the renumbered Policy C.11.7.1.6 j) (formerly sub-policy “k”) to improve grammatical clarity.
15In addition to the above, the Tribunal has made a number of minor modifications to the remaining Resolved Policies to address additional grammatical and/or typographical errors, and to improve the clarity of certain policies.
16All modifications resulting from Paragraphs [14] and [15], above, are shown in either red underline (additions) or red strikethrough (deletions) in the attached Schedule 1 to this Decision and Order. Policies that have been modified are marked with an asterisk (*) for ease of reference.
Policy C.11.7.5.2
17Many of the sub-policies to Policy C.11.7.5.2 are included in the list of Resolved Policies attached to Ms. Hogan’s Affidavit. However, the Tribunal notes that the introductory language to that policy is still in dispute, was not included in the materials attached to the Motion Record, and could ultimately be approved as adopted, approved with modifications, or deleted in its entirety. The Tribunal does not find it prudent to approve any of the sub-policies without first having certainty on the introductory policy language, as the potential modification of same may require additional consideration of the sub-policies prior to their approval. The Tribunal will therefore exercise its powers pursuant to s. 17(50) of the Act and will not approve any part of Policy C.11.7.5.2 at this time. Accordingly, that policy has not been included in the list of approved policies attached hereto as Schedule 1.
FINDINGS
18Having considered the uncontroverted expert opinion evidence of Ms. Hogan and the additional analysis outlined in Paragraphs [13] to [17] above, the Tribunal finds that the polices, as modified, contained in Schedule 1 to this Decision and Order have regard to matters of provincial interest as set out in s. 2 of the Act, are consistent with the PPS, conform to the Growth Plan and the ROP, represent good planning, and are in the public interest. As required by the Act, the Tribunal has had regard to the decisions of the Town and Region regarding the Trafalgar SP.
19The Tribunal has also canvassed the Parties to seek input on whether the passing of Bill 150, Planning Statute Law Amendment Act, 2023, which enacts the Official Plan Adjustments Act, 2023 (“OPAA”) that received Royal Assent on December 6, 2023, has any impacts on the potential outcome of this matter. The Parties have confirmed that while Bill 150 does impact Region Official Plan Amendment No. 49, that amendment is not applicable to the Trafalgar SP.
ORDER
20THE TRIBUNAL ORDERS that the appeals are allowed in part and Official Plan Amendment No. 54 (“OPA 54”) to the Official Plan for the Town of Milton is modified in accordance with Schedule 1 to this Order and, as modified, the policies contained in Schedule 1 to this Order are approved.
21THE TRIBUNAL ORDERS that the partial approval of OPA 54 shall be without prejudice to, and shall not have the effect of limiting:
a) The rights of a Party to seek to modify, delete or add to the unapproved policies, schedules, maps, figures, definitions, tables, and associated text in OPA 54; or
b) The jurisdiction of the Tribunal to consider and approve modifications, deletions or additions to the unapproved policies, schedules, maps, figures, definitions, tables, and associated text in OPA 54 on a general, area-specific or site-specific basis, as the case may be.
22THE TRIBUNAL ORDERS that, in accordance with the Tribunal’s Order of December 5, 2023, the Parties shall provide the Tribunal with an updated Draft Procedural Order and Draft Issues List for the Tribunal’s consideration by no later than Thursday, February 22, 2024. The updated Draft Procedural Order and Draft Issues List shall reflect any changes to the Appeals and/or the Hearing requirements resulting from this Order.
“S. Dixon”
s. dixon
membeR
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
SCHEDULE 1
LIST OF RESOLVED POLICIES TO OFFICIAL PLAN AMENDMENT NO. 54
TO THE TOWN OF MILTON OFFICIAL PLAN
APPROVED BY THE TRIBUNAL
Policy
Approved Language
C.11
PREAMBLE:
The Trafalgar Secondary Plan is envisioned to be developed as a mixed-use, higher density corridor which supports the extension of higher-order transit. The Trafalgar Secondary Plan is being planned concurrently with the Agerton Secondary Plan to the north.
Through the Regional Official Plan, a proposed Major Transit Station was identified in the vicinity of the intersection of Derry and Trafalgar Roads (in the adjacent Agerton Secondary Plan Area). The area is physically separated from the balance of the urban area by the Sixteen Mile Creek Valley and, as such, is afforded an opportunity to accommodate higher density development and taller built form in a manner which contributes positively to the overall urban structure.
A key planning objective for the Trafalgar corridor (which encompasses both the Agerton Secondary Plan and Trafalgar Secondary Plan) is to sanction the delivery of key transportation and higher-order transit service along Trafalgar Road (inter- and intra-regional). It will also support the realization of a Major Transit Station, facilitate expedited servicing delivery to the employment areas, and support the achievement of employment forecasts in the Town.
C.11.1.1
PURPOSE
The Trafalgar Secondary Plan provides detailed policies to facilitate the development of a community along the section of the Trafalgar corridor between Derry Road to an area south of Britannia Road.
The Secondary Plan:
i) Implements the objectives, policies and overall planning approach of this Official Plan within the local context;
ii) Establishes a land use planning framework through a series of land use designations that will guide growth and encourage positive land use change in this area;
iii) Provides growth management policies to implement the 2031 planning horizon for a minimum target of 32,000 residents and 4,000 jobs;
iv) Establishes a vision for growth in the Secondary Plan over the long-term, through over-arching themes, goals, strategic policies, and the Community Structure Plan; and,
v) Establishes a Tertiary Plan Area and identifies the requirements for preparation of a more detailed tertiary plan.
C.11.1.2
LOCATION
The Trafalgar Secondary Plan is in the Town’s SHP Growth Area as shown on Schedule “B” of this Official Plan and is generally bounded by:
a) North Derry Road;
b) East Eighth Line; and,
c) South/West Greenbelt Plan Area.
C.11.2.1
COMMUNITY CHARACTER
The community characteristics that provide direction for development in the Trafalgar Secondary Plan, a section of the Trafalgar corridor, are:
a) A Complete Community
A community that provides opportunities for people of all ages and abilities to conveniently access the necessities for daily living, including an appropriate mix of jobs, local stores and services, a full range of housing, transportation options, and community uses.
b) A Well-Serviced Community
A community that provides transit-supportive centres of activity that maximize access to shopping, recreation, institutional, and leisure choices.
c) An Environmentally Sustainable Community
A community that provides a Natural Heritage System “NHS” and linked open space system within the Secondary Plan, which is sensitive and connected to the Greenbelt.
d) A Connected Community
A community that provides a multi-modal transportation network of complete streets and an active transportation and open space network accessible to all users that is well integrated with the Town and Region’s transportation system.
e) An Attractive Community
A community that provides high-quality public and private spaces with design standards that create attractive and vibrant places.
C.11.3
GOALS AND OBJECTIVES
Further to, and in accordance with, the goals and objectives of Section B.2 of this Official Plan, the following goals and objectives are applicable to the Trafalgar Secondary Plan:
C.11.3.1
BUILD COMPACT AND COMPLETE COMMUNITIES
a) Identify appropriate locations for transit-supportive mixed-use Neighbourhood and Local Centres that provide a focus of retail commercial and community services within reasonable walking distance from most of the population;
b) Achieve an overall minimum density of 60 residents and jobs combined per gross hectare across the Trafalgar Secondary Plan (with higher densities in the neighbourhood centres as prescribed in subsequent sections of this Secondary Plan);
c) Ensure that a range and mix of housing by density, type, unit size and tenure is provided, including opportunities for affordable and assisted housing, to meet the needs of family-sized households balanced with higher density forms of transit supportive housing;
d) Encourage the integration of different housing forms, types and unit sizes within neighbourhoods;
e) Identify an interconnected system of parks, open spaces, elements of the NHS and public realm areas with active transportation as one of the main organizing features of the community;
f) Identify the Public Service Facilities needs of the community; and,
g) Provide opportunities for places of worship.
C.11.3.2
PROTECT AND ENHANCE THE NATURAL HERITAGE SYSTEM
a) Protect or enhance Key Features of the NHS, and demonstrate that there will be no negative impacts on the natural features and areas or their ecological functions;
b) [UNRESOLVED POLICY - REMAINS UNDER APPEAL]
c) Encourage vistas and view corridors that result in visibility of the NHS and the location of parks and open space adjacent to, or near, the NHS where possible.
C.11.3.3
PROVIDE MOBILITY OPTIONS
a) Foster a connected and accessible on- and off-road pedestrian and cycling path network which promotes a culture of active transportation;
b) Provide the opportunity for a local transit network that can support higher-order transit service on Trafalgar Road;
c) Realize a network of Complete Streets that balance the needs of all road users, including pedestrians, cyclists, transit users, and motorists;
d) Provide a land use structure and distribution of density that is transit-supportive within walking distance of transit stops; and,
e) Extend Frequent Transit services to the Trafalgar Secondary Plan with potential to support dedicated rapid transit along Trafalgar Road in the future.
C.11.3.4*
ESTABLISH A LOGICAL ROAD NETWORK
a) Identify a modified grid pattern of collector roads that provide connectivity within the Secondary Plan and other areas of the Town; and,
b) Recognize Trafalgar Road, a Regional major arterial roadway, as the main north- south corridor of the Secondary Plan, intended to accommodate all modes of transportation and accommodate travel throughout the Region.
C.11.3.5
CREATE HIGH-QUALITY URBAN SPACES
a) Establish urban design guidelines and other measures that will ensure a high quality and consistent level of urban design for both public and private areas of the community;
b) Create community identity through establishment of a high-quality public realm, placemaking and a high standard of urban design (e.g., distinctive built form, streetscapes, public spaces, landmarks and views, public art, etc.); and,
c) Ensure communities are designed to be accessible by all, regardless of age or physical ability.
C.11.3.6
FISCAL RESPONSIBILITY
a) This Secondary Plan shall be developed in a manner that is fiscally responsible for the Town. To ensure this occurs, development shall be preceded by an assessment of the costs associated with projected growth in the Secondary Plan.
C.11.4
STRATEGIC POLICIES
Further to, and in accordance with, the Strategic Policies of Section B.2 of this Official Plan, the following policies are applicable to the Trafalgar Secondary Plan.
C.11.4.1
NATURAL HERITAGE SYSTEM
The NHS will be established in accordance with Section B.2.2.3.6 and B.2.2.3.7 of this Official Plan. The focus of the NHS is to preserve and enhance the biological diversity and ecological functions. The NHS is identified on Schedules “C.11.A” to “C.11.D” and further detailed in Section C.11.6.4 of this Secondary Plan.
C.11.4.2.1
Public Transit
In conformity with Sections B.2.6.3.22 and B.2.6.3.24 of this Official Plan and with regard for the Town’s Transportation Planning, the Town will ensure that the development of the Secondary Plan maximizes the potential for the provision of transit service, through the achievement of appropriate densities and the development of transit-supportive design criteria and standards in the Urban Design Guidelines.
C.11.4.2.3
Road Network
In conformity with Sections B.2.6.3.5 to B.2.6.3.14 of this Official Plan, the road network for the Secondary Plan will be designed to balance the needs of all road users, including pedestrians, cyclists, transit users, and motorists.
The arterial and collector road network is identified on Schedule “C.11.B”. The location and general alignment of collector roads are approximate. These roads and their connections to other roads form a network that is necessary to ensure appropriate overall functioning of the transportation system and water and wastewater system to support the planned development of the area. Any proposed deletions to arterial or collector roads identified on Schedule “C.11.B” will require an amendment to this Official Plan. Any proposed additions of arterial roads, or collector roads that intersect a Regional road, will require an amendment to this Official Plan.
A potential future collector road extension is identified on Schedule “C.11.B”. If an update to the environmental assessment (EA) is required to accommodate this collector road linkage, Phase 1 and 2 of the EA process shall be undertaken at the Tertiary Plan stage.
C.11.4.2.4
Regional Road Network
Halton Region is responsible for planning, constructing, operating, maintaining, and improving a network of Major Arterial roads for the transport of goods and people in a safe and efficient manner, in accordance with the Region’s most current master plan, policies, by-laws and guidelines. The Regional Road network within the Secondary Plan includes Trafalgar Road (Regional Road 3), Britannia Road (Regional Road 6) and Derry Road (Regional Road 7).
C.11.4.2.5*
Potential Minor Arterial Extension
Within the Secondary Plan, a new east-west major collector road is identified on Schedule “C.11.B”, north of Britannia Road. The continuation of this road, west of Trafalgar Road, will be protected for the potential future connection with the existing Milton Urban Area through the Britannia Secondary Plan Area and Greenbelt Plan Area as a minor arterial road.
The feasibility, need, and function of the potential east-west minor arterial road, west of Trafalgar Road, as identified on Schedule “C.11.B” shall be further assessed through a Town-wide Transportation Master Plan.
Where the east-west minor arterial road traverses the NHS, it must demonstrate conformity with this Official Plan, C.11.6.4.1 of this Secondary Plan, and the Greenbelt Plan.
As part of Phase 3 and 4 of the Municipal Class EA, the function of the proposed minor arterial road will be confirmed. If the EA determines the proposed minor arterial road is only required as a collector road, this may be implemented through the Tertiary Plan process without amendment to this Secondary Plan.
C.11.4.3.1
Water and Wastewater Infrastructure
The public infrastructure system shall be developed in conformity with Sections B.2.6.3.33 and B.2.6.3.34 of this Official Plan.
Halton Region is responsible for water collection, treatment and distribution infrastructure in accordance with the Region’s most current master plan, policies, by-laws and guidelines.
C.11.4.3.3
Utilities
In conformity with Sections B.2.6.3.40 to B.2.6.3.45 of this Official Plan, Federal, Provincial, Regional and Town-owned and/or operated essential transportation and utility facilities are permitted to be located within any land use designation and, where required, subject to the completion and approval of an EA.
Essential transportation and utility facilities may be located within the Natural Heritage System designation, in accordance with Section C.11.6.4.1 of this Secondary Plan and supported through an EA if required.
C.11.4.4.1*
HOUSING
The Trafalgar Secondary Plan will require a housing mix in accordance with Section B.2.7 of this Official Plan. In this regard, no more than 50% of the residential units within the overall Secondary Plan area shall be single and semi-detached units, where the remainder should be comprised of higher density forms of grade-related and apartment housing. Overall, the Secondary Plan shall provide for a range and mix of housing by density, type, unit size and tenure, where the large majority of residential dwellings are family-sized with at least 2-bedrooms, as demonstrated through the Tertiary Plan. A full range and mix of housing to meet the life-cycle needs of the population will be encouraged within each Stage.
C.11.4.4.2
The Trafalgar Secondary Plan establishes a target for affordable and assisted housing in accordance with Section B.2.7.3.1 of this Official Plan, where the target in the Trafalgar Secondary Plan is that 30% of all new residential units shall be affordable housing, assisted housing, stacked townhouses, back-to-back townhouses or apartments.
C.11.4.5.1
Section B.2.8 of this Official Plan establishes a detailed urban design strategy for the Town which is applicable to the Trafalgar Secondary Plan.
Further to, and in accordance with the policies of Section B.2.8 of this Official Plan, all development within the Trafalgar Secondary Plan shall be designed in a manner which:
a) Reflects the goals and objectives of this Secondary Plan in Section C.11.3; and,
b) Has regard for the Trafalgar Secondary Plan Urban Design Guidelines.
C.11.4.5.2
Further to the policies of Section C.11.4.5.1, development shall also be designed in accordance with the following high-level guidelines:
a) The street network shall be in the form of a modified grid. The grid may be modified to better respond to natural spaces, topography and watercourses, or to provide better connectivity with adjacent streets within neighbourhoods;
b) All roads within the Secondary Plan shall be designed as Complete Streets;
c) The design of a grid system of collector roads within neighbourhoods is encouraged to result in a collector road block sizing of approximately 400-metres to achieve a 5-minute walking distance across a block. The local road pattern should be designed to promote active transportation and discourage car movement through neighbourhoods and non-residential traffic within neighbourhoods;
d) Arterial roadways, including Trafalgar, Derry, and Britannia Roads, shall be designed with boulevards that will be vegetated with trees and shrubs, and the clearway shall consist of a multi-use trail for pedestrians and cyclists. Landscaped boulevards considered on Trafalgar Road, Derry Road, and Britannia Road will be subject to the Regional Road Landscaping Guidelines and Specifications as amended;
e) The Trafalgar corridor shall generally support the location of a mix of residential and retail commercial uses, where facades of these uses should be designed to animate the public realm on Trafalgar Road. Boulevards shall be urban in design, primarily hardscape, but feature street trees and other plants as appropriate, to the satisfaction of the Region;
f) Wherever possible, single-loaded streets shall be used to maximize the frontage of parks and open spaces abutting Park Type 1 and Park Type 2;
g) Gateway elements shall be included at the entrances to the Secondary Plan (on Trafalgar, Derry, and Britannia Roads and on Eighth Line). These may include modestly increased building height, architectural, landscape or public art features located outside of the Regional right-of-way;
h) All tall and mid-rise buildings in the Secondary Plan shall have regard for the Milton Tall and Mid-Rise Design Guidelines;
i) New buildings shall be positioned to positively define the shape and function of open spaces;
j) There shall be a “Special Character” collector road, approximately parallel to Trafalgar Road, to serve as a primary active transportation spine through the Secondary Plan. The “Special Character” collector road is described in the Trafalgar Secondary Plan Urban Design Guidelines;
k) Special consideration shall be given to the relationship between the Trafalgar corridor and the parallel north-south “Special Character” collector road. Development between Trafalgar Road and this road should reflect its active transportation focus and shall be designed accordingly to facilitate ease of east-west movement between higher-order transit stops on Trafalgar Road and the collector road;
l) There shall be a diverse and fine-grain network of options for pedestrian movement, achieved through relatively small blocks, which can be further divided by mid-block connections where necessary. All Trail System crossings at a Regional Road must be located at signalized intersections with an intersecting road only;
m) New development shall be sensitive to adjacent built cultural heritage resources. This may include a) minimizing shadow and other visual impacts, b) stepping down height and bulk, c) utilizing appropriate setbacks, and/or d) utilizing complementary materials and design;
n) Public Service Facilities shall be combined as part of mixed-use buildings in Neighbourhood and Local Centres where possible to achieve a compact development form;
o) A range of uses such as office, service and retail commercial alongside residential shall be encouraged to create a complete community; and
p) The development of reverse frontage lots on Arterial Roads is strongly discouraged to minimize the use of noise attenuation walls and is prohibited on a Regional Road. Noise attenuation walls as a mitigation measure shall only be considered where it has been demonstrated that there are no other reasonable alternatives.
C.11.4.6
DELETED
C.11.4.7
INFRASTRUCTURE AND PUBLIC SERVICE FACILITIES
A range of infrastructure, including Public Service Facilities, will be permitted in all land use designations on Schedule “C.11.C”, except where not permitted in the NHS in accordance with Sections C.11.4.3.2 and C.11.6.4.1 of this Secondary Plan. A range of emergency response services (e.g., ambulance, fire, police) will be required to serve the Trafalgar Secondary Plan. Such services will be encouraged to locate in shared facilities. Emergency response facilities are permitted in any land use designation other than the NHS designation and shall be designed and developed in a manner which is compatible with the surrounding neighbourhood.
C.11.5
COMMUNITY STRUCTURE
The Community Structure shown on Schedule “C.11.A”, Community Structure Plan is an overall framework for the Trafalgar Secondary Plan. Key Community Structure elements include Evolving Neighbourhoods, Local Centres, Neighbourhood Centres, NHS, and Road and Trail Networks.
Discrete land use designations are shown on Schedule “C.11.C”, Land Use Plan and detailed in Section C.11.6 of this Secondary Plan.
C.11.5.2
EVOLVING NEIGHBOURHOODS
Evolving Neighbourhoods generally include the residential designations shown on Schedule “C.11.C” such as Low Density Residential, Medium Density Residential I, and Medium Density Residential II. The Evolving Neighbourhoods are intended to accommodate a range of housing types and elements of the open space system (e.g., trails and parks).
Within Evolving Neighbourhoods, the densities and requirements for land use designations are outlined in Section C.11.6 of this Secondary Plan.
Beyond the horizon of this Official Plan, it is expected that this area will continue to evolve to accommodate additional growth through appropriate forms of intensification within the planned intent of the land use designations of this Plan. All permitted residential unit types within a land use designation are considered inherently compatible. In this regard, proposals for intensification shall be encouraged for the full range of permitted residential uses within the applicable land use designation, without the need to demonstrate unit type compatibility.
C.11.5.3*
LOCAL CENTRES
Local Centres are intended to be minor focal points for local neighbourhoods, and are to accommodate the co-location of neighbourhood parks, schools, places of worship and be proximal to local serving retail commercial. Generally, these elements are located at the intersection of key collector roads in order to optimize walkability for residents of the surrounding neighbourhoods that will rely on these uses daily. It is also intended these centres be a focus for concentrations of more intense forms of housing within walking distance of potential local transit stops.
Local Centres provide some intensification and mixing of uses including Local Commercial, appropriate for local resident needs. The underlying designation is generally Medium Density Mixed-Use. It is intended that flexibility is permitted to determine the location of Local Centres through the Tertiary Plan process without the need for amendment to this Official Plan, provided the intent of the Local Centre is met and the underlying land use designation is maintained or provided within walking distance of the intersection to which the Local Centre is located. A Local Centre shall be planned to generally accommodate 2,000 m2 of non-residential floor area. The Tertiary Plan shall delineate the area of the Local Centres as required in Section C.11.7.5.
If a stormwater management facility, school, park or other public service facility can only feasibly be located in the Local Centre, a proportional amount of Medium Density Mixed Use lands shall be provided within walking distance of the Local Centre to support the provision of local serving transit.
C.11.5.4*
NEIGHBOURHOOD CENTRES
Neighbourhood Centres are intended to be major focal points for the Secondary Plan, and shall have the greatest intensity of uses, height and density within the Secondary Plan. These Centres shall have greater height and density than their immediate surroundings, being occupied by tall and mid-rise buildings. Generally, these elements are located at major intersections along Trafalgar Road in order to optimize access to higher-order transit service.
Neighbourhood Centres are strategic intensification areas within the Secondary Plan, and each is intended to provide a full mix and range of uses at transit-supportive densities between 100 and 160 residents and jobs per hectare at a minimum. Neighbourhood Retail sites are to be located within these areas to serve the residents of multiple neighbourhoods and the travelling public in transit accessible locations. Underlying designations generally include Neighbourhood Centre Mixed-Use I and Neighbourhood Centre Mixed-Use II.
It is intended that flexibility is permitted to determine the location and configuration of Neighbourhood Centres through the Tertiary Plan process without the need for amendment to this Official Plan, provided the intent of the Neighbourhood Centre is met and the underlying land use designation is maintained or provided within walking distance of the intersection to which the Neighbourhood Centre is located. A Neighbourhood Centre shall be planned to generally accommodate 11,000 m2 of non-residential floor area and a minimum of 1,500 people. The Neighbourhood Centre located at Trafalgar Road and Derry Road may be planned to accommodate 4,800 m2 of non-residential floor area and a minimum of 750 people. The southernmost Neighbourhood Centre may be planned to accommodate a minimum of 850 people. The Tertiary Plan shall delineate the area of the Neighbourhood Centre as required in Section C.11.7.5.
If a stormwater management facility, school, park or other public service facility can only feasibly be located in the Neighbourhood Centre, a proportional amount of Neighbourhood Centre Mixed Use I or Neighbourhood Centre Mixed Use II lands, as applicable, shall be provided within walking distance of the Neighbourhood Centre to support the provision of higher-order transit.
C.11.5.6
ROAD AND TRAIL NETWORKS
The Road and Trail Networks have been identified on Schedule “C.11.B” to ensure that the integrated street and path network is designed to provide maximum opportunities for active transportation including pedestrian, bicycle and other similar movements as well as access to public transit.
The intent is to provide a well-connected and continuous grid-pattern street network, while recognizing constraints such as NHS that limit the achievement of a completely connected street network.
C.11.6
LAND USE POLICIES
The applicable land use policies of Sections B.3 and B.4 of this Official Plan, together with the additional policies in this section, shall apply to the lands in the Trafalgar Secondary Plan in accordance with the land use designations on Schedule “C.11.C”, Land Use Plan.
C.11.6.1*
RESIDENTIAL
Residential densities shall be calculated on a net residential hectare basis for each land use designation within a Draft Plan of Subdivision. Where the first phase of development within a block will not meet minimum density requirements the applicant shall be required to submit an intensification plan in accordance with Section C.11.7.5.6 demonstrating how the following phases of the block will be developed to achieve the ultimate density ~~or ~~and how other objectives for the site can be achieved.
C.11.6.1.1
Permitted Uses
The following uses shall be permitted in each of the following land use designations in the Secondary Plan shown on Schedule “C.11.C” together with the uses permitted in Section B.3.2.2.e) to h), j) and k):
a) Low Density Residential uses consisting of low-rise residential uses such as single detached dwellings, semi-detached dwellings, street townhouses, and back-to-back townhouses excluding stacked townhouses, in accordance with the policies of Section C.11.6.1.2;
b) Medium Density Residential I uses consisting of low-rise residential units such as single detached dwellings, semi-detached dwellings, and townhouses (i.e., stacked and back-to-back townhouses), where higher density forms of townhouses will be directed to arterial roads, in accordance with the policies of Sections B.3.2.3.1 and C.11.6.1.3; and,
c) Medium Density Residential II uses consisting of mid-rise multiple attached residential units such as street townhouses, stacked townhouses, back-to-back townhouses, multiplexes and apartments in accordance with the policies of Sections B.3.2.3.2 and C.11.6.1.4.
C.11.6.1.2*
Low Density Residential
a) General Provisions
The Low Density Residential designation consists predominantly of ground-related housing types and ~~are ~~is generally located internal to development blocks.
b) Height and Density Requirements
Notwithstanding Section B.3.2.2.a) of this Official Plan, the following requirements apply:
i) The housing mix is predominantly single-detached and semi-detached housing. To achieve 2031 population projections, a maximum of 25% street townhouses and back-to-back townhouses, excluding stacked townhouses, are permitted provided that back-to-back townhouses are dispersed as demonstrated in the Tertiary Plan in accordance with C.11.7.5.2 e); and,
ii) A minimum density of 27 units per net hectare is required.
C.11.6.1.3*
Medium Density Residential I
a) General Provisions
The Medium Density Residential I designation is intended to provide a range and mix of housing types in order to provide transition between more intensive development within Medium Density Residential II designations and Neighbourhood Centres to the Low Density Residential designations.
Development within the Medium Density Residential I designation will generally focus more intensive residential development~~,~~ along arterial roads, collector roads proximal to transit stops/stations, Neighbourhood Centres, and Local Centres to optimize access to transit, retail commercial, and community services.
b) Height and Density Requirements
Notwithstanding Section B.3.2.2.b) and B.3.2.3.1 of this Official Plan, the following requirements apply:
i) The housing mix is predominantly street, back-to-back and stacked townhouses. To achieve 2031 population projections, a maximum of 20% single and semi-detached units are permitted;
ii) A minimum density of 35 units per net hectare and maximum density of 100 units per net hectare is required; and,
iii) A maximum building height of 4 storeys.
C.11.6.1.4
Medium Density Residential II
a) General Provisions
The Medium Density Residential II designation is intended to provide a range and mix of housing types and to locate more intensive residential development along arterial roads, collector roads proximal to transit stops/stations, and Neighbourhood Centres.
Generally, the Medium Density Residential II designation will be located proximal to higher-order transit and Neighbourhood Centres to support transit and retail commercial uses.
b) Height and Density Requirements
Notwithstanding Section B.3.2.2.c) and B.3.2.3.12 of this Official Plan, the following requirement applies:
i) The housing mix is predominantly medium density units such as street townhouses, stacked townhouses, back-to-back townhouses, and multiplexes;
ii) apartments may be permitted if generally located adjacent to collector or arterial roads and if the height does not exceed 8 storeys;
iii) a minimum density of 60 units per net hectare and maximum density of 120 units per net hectare for street townhouses, stacked townhouses, back-to-back townhouses and multiplexes; and
iv) a maximum density generally up to 3.0 Floor Space Index (FSI) for apartment buildings provided that the height does not exceed 8 storeys.
C.11.6.2
MIXED-USE
Mixed-use areas include higher-order mixed-use nodes that form focal points for surrounding residential neighbourhoods with pedestrian and transit-supportive development.
Generally, the permitted uses include a range of residential, retail commercial, service, office, restaurant, civic, recreational, cultural, entertainment, and institutional uses. Where the minimum standards are not proposed to be achieved with the initial development proposals, the applicant shall be required to submit an intensification plan in accordance with Section C.11.7.5.6.
C.11.6.2.1
Medium Density Mixed-Use
The Medium Density Mixed-Use designation on Schedule “C.11.C” is generally located at arterial and collector road intersections in proximity to Local Centres in order to optimize opportunities for access to local transit service, local serving retail commercial, and community uses.
In accordance with Section C.11.5.3, the Medium Density Mixed-Use designation permits the following in a stand-alone or mixed-use building format:
a) Residential uses in accordance with the Medium Density Residential II designation, except single and semi-detached units shall not be permitted;
b) Local Commercial uses in accordance with Section B.3.4.4 of this Official Plan and the following:
i) Notwithstanding Section B.3.2.3.7.c) of this Official Plan, Local Commercial Retail uses are generally small-scale retail commercial development up to approximately 2,000 m2 anchored by retail commercial, pharmacy, financial institution, personal service uses, or small-scale community uses;
ii) The size, location, and configuration of Local Commercial development blocks shall be determined at the Tertiary Plan stage; and,
c) Local Institutional in accordance with Sections B.3.2.3.6, B.3.2.3.7, and C.11.6.3.
C.11.6.2.2*
Neighbourhood Centre Mixed-Use I
The Neighbourhood Centre Mixed-Use I designation identified on Schedule “C.11.C” is conceptual, except where bounded by existing major roads or the NHS. The designation is generally located at collector road intersections along Trafalgar Road to serve the surrounding community and optimize access to planned higher-order transit service.
The Neighbourhood Centre Mixed-Use I designation is intended to be developed at a lesser density than that of Neighbourhood Centre Mixed-Use II. The designation serves as a community focal point and should serve the retail commercial needs of the surrounding neighbourhood.
In accordance with Section C.11.5.4, the Neighbourhood Centre Mixed-Use I designation~~,~~ is intended to provide a range and mix of uses within each Neighbourhood Centre and permits the following uses in a stand-alone or mixed-use building format:
a) Residential uses including mid-rise multiple attached residential units such as street townhouses, stacked townhouses, back-to-back townhouses, multiplexes and apartments in accordance with the following:
i) A minimum density of 60 units per net hectare and maximum density of 120 units per net hectare for street townhouses, stacked townhouses, back-to-back townhouses and multiplexes;
ii) A maximum Floor Space Index (FSI) density generally of 4.0 for apartment and mixed use buildings; and
iii) The height of the buildings is not to exceed 15 storeys;
b) Neighbourhood Retail in accordance with the following:
i) Neighbourhood retail uses which include a full range of retail uses and together total 9,000 to 14,000 m2 and are generally anchored by a larger tenant such as a food store or pharmacy;
ii) Per Section B.3.4.1.4 of this Official Plan, if an amendment to this Secondary Plan is required to permit the development of additional retail commercial gross floor area, Council shall require the preparation of a Market Impact Study;
iii) The size, location, and configuration of Neighbourhood Retail within each Neighbourhood Centre Mixed-Use I designation shall be determined at the Tertiary Plan stage;
iv) The only automotive-related uses permitted shall be gas stations with or without car washes, convenience retail commercial stores ancillary to the gas station use, parking and/or car storage;
v) Drive-through service facilities shall be discouraged, and may only be permitted if designed to:
a. Obscure or where necessary minimize visibility to the travelling public;
b. Support walkability by minimizing pedestrian and automobile interactions; and,
c. Be accommodated at-grade within a multi-storey mixed-use building; and,
c) Local institutional uses in accordance with Sections B.3.2.3.6, B.3.2.3.7, and C.11.6.3.
C.11.6.2.3*
Neighbourhood Centre Mixed-Use II
The Neighbourhood Centre Mixed-Use II designation identified on Schedule “C.11.B” is conceptual, except where bounded by existing major roads or the Natural Heritage SystemNHS. The designation is generally located at major arterial or major collector road intersections along Trafalgar Road to serve the surrounding community and optimize access to planned higher-order transit service.
The Neighbourhood Centre Mixed-Use II designation is intended to be the focus of intensification within the Secondary Plan. The designation serves as a community focal point and should serve the retail commercial needs of the surrounding neighbourhood. It is the intent of this Secondary Plan that the lands within this designation are the focus of retail uses and in the longer term, higher density residential uses in a mixed-use setting.
In accordance with Section C.11.5.4, the Neighbourhood Centre Mixed-Use II designation~~,~~ is intended to provide a range and mix of uses within each Neighbourhood Centre and permits the following in a stand-alone or mixed-use building format:
a) Residential uses including multiple attached residential units such as street townhouses, stacked townhouses, back-to-back townhouses, multiplexes and apartments in accordance with the following:
i) A minimum density of 60 units per net hectare and maximum density of 120 units per net hectare for street townhouses, stacked townhouses, back-to-back townhouses and multiplexes;
ii) A maximum Floor Space Index (FSI) density generally of 6.0 for apartment and mixed-use buildings; and,
iii) The height of the buildings is not to exceed 25 storeys;
b) Neighbourhood Retail in accordance with the following:
i) Neighbourhood retail uses which include a full range of retail uses and together total 9,000 to 14,000 m2 and are generally anchored by a larger tenant such as a food store or pharmacy;
ii) Per Section B.3.4.1.4 of this Official Plan, if an amendment to this Secondary Plan is required to permit the development of additional retail commercial gross floor area, Council shall require the preparation of a Market Impact Study;
iii) The size, location, and configuration of Neighbourhood Retail within each Neighbourhood Centre Mixed-Use II designation shall be determined at the Tertiary Plan stage;
iv) The only automotive-related uses permitted shall be gas stations with or without car washes, convenience retail commercial stores ancillary to the gas station use, parking and/or car storage;
v) Drive-through service facilities shall be discouraged, and may only be permitted if designed to:
a. Obscure or where necessary minimize visibility to the travelling public;
b. Support walkability by minimizing pedestrian and automobile interactions; and,
c. Be accommodated at-grade within a multi-storey mixed-use building; and
c) Local institutional uses in accordance with Sections B.3.2.3.6, B.3.2.3.7, and C.11.6.3.
C.11.6.3*
PUBLIC SERVICE FACILITIES AND PLACES OF WORSHIP
Notwithstanding the policies of Section B.2.5, development of Public Service Facilities such as parks, greenspace~~,~~ and schools, identified on Schedule “C.11.C”, and/or identified .through the Tertiary Plan process, as well as places of worship, shall be subject to the policies of this subsection:
C.11.6.3.1
Schools, Libraries, Community Centres and Parks shall be co-located, where possible.
C.11.6.3.2
General Parks and Open Spaces
It is the goal of this Secondary Plan to create a desirable and high-quality parks and open space system through a mix of passive and active spaces that support the strategic objectives of the Town of Milton Park and Recreation Strategy. The intent is to provide for a variety of parks distributed throughout the Trafalgar corridor.
Within the Trafalgar Secondary Plan, the parks and open space system consists of Greenspace, Park Type 1, Park Type 2, and a Trail Network (per Section C.11.4.2), as identified on Schedules “C.11.A” to “C.11.C”. The parks and open space system also includes Village Squares.
The locations of these elements are conceptual. The exact location and configuration may be modified without amendment to this Official Plan and established through the development of the Tertiary Plan, as required in Section C.11.7.5 of this Secondary Plan, and development approval process.
Community Parks required to service residents are to be provided outside of the Trafalgar Secondary Plan.
C.11.6.3.3
Parkland Dedication
Parkland dedication shall be in accordance with the provisions outlined in this Official Plan and the Planning Act, R.S.O. 1990, c.P.13, as amended.
The following shall not be counted towards parkland dedication:
ï Landscape buffers and vistas;
ï NHS;
ï Greenspace lands;
ï Active transportation network lands (unless approved within a park);
ï Stormwater management lands and associated buffers; and,
ï Green roofs and sustainability features (unless approved within a park).
C.11.6.3.4*
Park Type 1
Park Type 1 is intended to serve the Secondary Plan and should include major outdoor recreation facilities such as sports fields, outdoor rinks, outdoor pools, screened baseball diamonds, softball diamonds, hard surface sport courts, etc. and limited spectator facilities, in addition to park facilities. Generally, Park Type 1 will be a minimum of approximately 6 hectares in size, located in proximity to nodes such as Neighbourhood Centres and Local Centres, and should have access along an arterial or collector road.
A minimum of two (2) Park Type 1’s shall be included in the Secondary Plan, distributed to equally serve the population. It is encouraged that Park Type 1’s are co-located with an institutional or other community use (e.g., community centre, library, secondary school).
C.11.6.3.5*
Park Type 2
Park Type 2 is intended to serve neighbourhoods within the Secondary Plan and should provide outdoor recreation facilities including sports fields, outdoor rinks, outdoor pools, screened baseball diamonds, softball diamonds, hard surface sport courts, as well as park facilities including playgrounds, spray pads, etc. Generally, Park Type 2 will be approximately 2.5 hectares in size and distributed to allow an approximate 5- to 10-minute walk from most residents within the Secondary Plan.
A minimum of nine (9) Park Type 2’s shall be included and distributed throughout the Secondary Plan. It is encouraged that Park Type 2’s are co-located with elementary schools or places of worship and have significant frontage along a minimum of one public street.
C.11.6.3.6*
Village Squares
Village Squares are intended to serve sub-neighbourhoods within the Secondary Plan and are primarily expected to provide park facilities including playgrounds and open, active recreation areas. Generally, nine (9) Village Squares at approximately 0.2 hectares in size will be provided in the more urban portions of the Secondary Plan. The locations of Village Squares will be determined through the Tertiary Plan process.
Village Squares shall be distributed throughout the Secondary Plan in a residential area that does not have good access to other recreation and park facilities. They shall have significant frontage along a public street, generally along two sides of the property.
Privately Owned Public Spaces (POPS) are encouraged to be integrated into the public realm network by providing passive open space and complementing planned parks and natural areas.
C.11.6.3.7
Greenspace
Greenspace lands are intended to provide open space connections to the NHS, where appropriate; these may include utility rights-of- way.
Greenspaces are generally intended for passive recreational uses and to support the establishment of the Trail Network.
C.11.6.3.8*
Schools
Schools will generally be developed in accordance with Sections B.2.5.3.9 to B.2.5.3.12 of this Official Plan.
The Secondary Plan requires a minimum of six (6) Elementary Schools and one (1) Secondary School. School Boards shall be consulted on school requirements and locations through the Tertiary Plan process.
Schools are generally permitted in all land use designations except the NHS. It is strongly encouraged that compact schools and school sites be achieved where possible through multi-storey buildings, joint use of buildings, parking areas, and open space, the use of adjacent roads for visitor parking, and other means to reduce land requirements.
Elementary Schools are preferably located on a collector road and Secondary Schools are preferably located at the intersection of two collector roads, to encourage transit utilization and active transportation. Where feasible, schools are encouraged to be co- located with public parks and/or other community uses (e.g., public library).
It is recognized that the location of schools on Schedule “C.11.C” is conceptual and is intended to identify general potential locations for these facilities.
C.11.6.3.9
Places of Worship
a) Background studies have identified a potential need for two (2) additional Places of Worship to the Secondary Plan area. These Places of Worship will generally be encouraged in Local Centres and developed in accordance with Sections B.2.5.3.13 to B.2.5.3.15 of this Official Plan;
C.11.6.5
EXISTING AGRICULTURAL OPERATIONS
Within the Trafalgar Secondary Plan, agricultural uses are permitted as interim uses until the lands are developed in accordance with the policies of this Secondary Plan. An Agricultural Impact Assessment on potential impact of urban development on existing agricultural operations, within the Trafalgar Secondary Plan area, including the requirement for compliance with Minimum Distance Separation formulae does not apply within the Trafalgar Secondary Plan.
C.11.7
IMPLEMENTATION
Further to, and in accordance with, Section B.5.0 of this Official Plan, the following policies are applicable to the Trafalgar Secondary Plan.
C.11.7.1.1
Development in the Trafalgar Secondary Plan shall proceed in multiple phases, conceptually shown on Schedule “C.11.D”. The Phases are generally consistent with the estimated delivery of water and wastewater servicing infrastructure. Development Stages within each Phase shall be delineated within the Tertiary Plan.
C.11.7.1.3
Prior to the approval of any development applications, the following must be satisfied:
a) Past Stage 1, a minimum of 75% of the gross developable area of participating lands (those lands party to the Town’s financial, and landowner cost sharing agreement and Region’s allocation program), exclusive of lands designated Neighbourhood Centre Mixed-Use I and II, of the previous Stage shall have draft plan or site plan approval;
b) Regional municipal water and wastewater services are extended to the lands in the subject Stage and adequate local water and wastewater servicing has been confirmed by the Region;
c) Satisfactory arrangements have been made with the Town to ensure the early delivery of projected Public Service Facilities, off-street trails and components of the active transportation network and transit facilities to support growth;
d) An updated Long-Term Fiscal Impact Assessment of Growth incorporating the Trafalgar Secondary Plan has been prepared and approved by Town Council;
e) The Town has in full force and effect, and not subject to appeal for charges applicable to the Secondary Plan, a Development Charges By-law enacted under the Development Charges Act, 1997 or any successor legislation, identifying and imposing charges applicable to the lands in the Secondary Plan;
f) The recommendations of the updated Long-Term Fiscal Impact Assessment of Growth are secured through agreements with the Town and/or Region and affected parties as permitted by legislation and to the satisfaction of Council in accordance with Section C.11.7.1 of this Secondary Plan;
g) The recommendations of the Region’s financial plan are secured through agreements with the Town and/or Region and affected parties as permitted by legislation and to the satisfaction of Regional Council in accordance with applicable Regional policies; and,
h) Any financial and other requirements of the Town and Region to support sustainable growth, pursuant to applicable legislation, are satisfied.
C.11.7.1.4
Notwithstanding the foregoing:
a) Public infrastructure such as roads, parks, fire halls, schools, and servicing facilities may proceed at any time, subject to the availability of servicing infrastructure and other requirements both at the Local and Regional levels;
b) Notwithstanding the phasing policies above, in no case will one owner or group of owners be permitted to unreasonably delay the normal progression of residential growth. Where unreasonable delay is occurring in Phase 1 as determined at the Town’s sole discretion, applications may be accepted in Phase 2 if it is demonstrated, to the satisfaction of the Town and in consultation with the Region, that there are no negative impacts on the Town or Region, including from land use planning, infrastructure, financial impact perspectives and the Regional Allocation Program.
c) The Town may, at its sole discretion, determine to accept and approve an application for development in subsequent stages, notwithstanding Section C.11.7.1.3.a), if it is determined by Council that the development for which such application is made is in accordance with the general purpose and intent of this Secondary Plan and if it is demonstrated, to the satisfaction of Council and in consultation with the Region, that there are no negative impacts on the Town or Region, including from land use planning, infrastructure, financial impact perspectives and the Regional Allocation Program.
C.11.7.1.5
Prior to final approval of each plan of subdivision, all requirements of the Town and the Region shall be satisfied, and confirmation shall be received from utility providers and school boards that appropriate services and facilities can be accommodated.
C.11.7.1.6*
All new urban development in the Trafalgar Secondary Plan shall be connected to the municipal wastewater and water systems, subject to the Regional Allocation Program and Regional Development Charges By-law. Further, in accordance with the purpose of this Secondary Plan set out in Section C.11.1.1 applications for development in the Secondary Plan area shall only be approved by Council, and development shall only proceed when:
a) Council is satisfied that the landowners within the Secondary Plan have entered into any agreement(s), as the Town may be permitted to require, for the provision of funds or the provision of service or both, and that as part of any agreement, provisions have been made to the satisfaction of Council for any funds or services which may be required of any future landowners in the future in order for the development of the Secondary Plan to proceed as planned. In order to reflect circumstances that may apply to an individual Phase or Stage of development within the Secondary Plan, the Town may require a separate agreement or agreements with the landowners within such Phase or Stage. Notwithstanding that a landowner may not be an original party to any agreement(s) contemplated by this Secondary Plan, all landowners shall be required, as permitted, to enter into any agreement(s) that may be required by this section, as if such landowners had been original signatories to that agreement and that prior to processing any development applications by any non-original landowners, the Town shall be provided to the satisfaction of Council with confirmation that such landowners have agreed to be bound by the terms of the original agreements, and have made appropriate arrangements with the original signatory landowners;
b) Landowners within the Secondary Plan have entered, or will enter, into a private cost-sharing agreement(s) amongst themselves to address the distribution of costs of development for the provision of matters such as community and infrastructure facilities;
c) Landowners within the Secondary Plan have entered, or will enter, into an Allocation Agreement with the Region addressing the provision of water and wastewater servicing and roads;
d) Landowners within the Secondary Plan have entered, or will enter, into a Master Parks Agreement with the Town to facilitate Town acquisition of an optimal type and distribution of parkland throughout the entire Secondary Plan;
e) Water treatment and distribution and wastewater collection and treatment are available in accordance with Town and Regional policies;
f) An Area Servicing Plan and Air Quality Assessment for the Trafalgar Secondary Plan has been completed to the satisfaction of the Region;
g) Development staging has been established as part of the Tertiary Plan process;
h) The applicable Tertiary Plan has been endorsed by Town Council;
i) [UNRESOLVED POLICY – REMAINS UNDER APPEAL]
~~j) ~~ The Town establishes a monitoring program, in consultation with the Region, to track and report on the status of built Single Detached Equivalent units on an annual basis;
~~k)~~j) Where required by the Town and/or Region Tto facilitate the development of an effective local road network, ~~the Town and/or Region may require multiple ~~landowners within the Secondary Plan Area ~~to ~~have entered, or will enter, into an agreement or agreements amongst themselves or with the Town to address matters including, but not limited to, the provision of collector roads to access the arterial road network; and,
~~l)~~k) Any additional requirements of the Town and/or Region are satisfied.
C.11.7.1.7
This Secondary Plan shall require that costs associated with the growth in this area, as with all other areas of the Town, shall be paid for by the anticipated growth in accordance with all applicable and available legislation and the Town of Milton, Policy No. 110, Financial Management-Financial Principles, as adopted by Council and as may be amended or replaced by Council in the future. In order to ensure the implementation of this policy, the Secondary Plan:
i) Shall minimize the financial impacts on existing taxpayers that may arise from the cost of new development within the Secondary Plan;
ii) Requires, to the maximum extent possible and practical, the conveyance of lands for Public Service Facilities to keep pace with growth in the Secondary Plan to avoid or minimize a reduction in service standards for such facilities, including the conveyance of lands by landowners in advance of draft plan approval;
iii) Requires, to the maximum extent possible and practical, the conveyance of lands for, and the construction of, other public infrastructure to keep pace with the growth in the Secondary Plan so that the impacts of such growth can be appropriately managed, both fiscally and physically, including the conveyance of lands by landowners in advance of draft plan approval;
iv) Shall proceed in sequential Phases shown on Schedule “C.11.D”. Development Stages within each phase shall be delineated through the Tertiary Plan in accordance with the policies of Section C.11.7.1 of this Secondary Plan; and,
v) Shall manage the progression of development in a manner which promotes the achievement of complete, healthy and sustainable neighbourhoods supported by an appropriate range of public infrastructure, facilities, services and amenities.
C.11.7.1.8*
The Town shall establish a monitoring program, in consultation with the Region, to track and report on the status of built Single Detached Equivalent units on an annual basis.
C.11.7.2.1*
Conditions of draft plan approval or site plan approval, whichever is applicable, shall include, but are not limited to, the following criteria to be effected upon registration of a subdivision agreement or site plan agreement:
a) Any Park Type 1, Park Type 2 or Village Square within the plan of subdivision shall be prepared to an acceptable base condition as determined through the Town’s Engineering and Parks Standards and conveyed to the Town;
b) School sites shall be shown as block(s) on an approved draft plan of subdivision;
c) Lands designated NHS, as they may be refined through a Planning Act process in accordance with Section C.11.6.4, have been dedicated to the Town, or to the Conservation Authority if so~~,~~ directed by the Town;
d) Stormwater management facilities have been constructed and dedicated to the Town, provided that the Town may approve the use of temporary stormwater facilities where it is not yet possible to construct the permanent facilities. If the Town approves the use of such temporary facilities, the subdivision agreement or site plan agreement, as applicable, shall require the posting of financial securities to the satisfaction of the Town for the construction of the permanent facilities; and,
e) Lands required for large utility structures shall be shown as block(s) and/or easements on a draft plan of subdivision and the location shall be confirmed as a condition of draft plan approval or site plan approval, to the satisfaction of the utility provider and the Town.
C.11.7.3
ZONING BY-LAW
This Secondary Plan shall be implemented by an appropriate amendment(s) to the Town’s Comprehensive Zoning By-law in accordance with the policies of this Secondary Plan and Section B.5.5 of this Official Plan.
C.11.7.4
CONSENTS
Subdivision of land shall generally take place by plan of subdivision in the Trafalgar Secondary Plan. Consents may be permitted in accordance with the provisions of Section B.5.7 of this Official Plan and the applicable provisions of this Secondary Plan, provided that any consent shall not prejudice the implementation of this Secondary Plan. Consents may be permitted which result in the assembly of land which is a size and configuration which will provide enhanced opportunities for the implementation of this Secondary Plan, provided that any retained parcel is appropriate for the planned land use.
C.11.7.5
COMPLETE APPLICATION REQUIREMENTS
All privately initiated planning applications, except those under Section 45 of the Planning Act, shall satisfy the requirements of Section B.5.3.4 of this Official Plan with respect to the requirements of a complete application.
C.11.7.5.1
Application Submission Requirements
In order to ensure the implementation of this policy, no development applications shall be submitted in the Secondary Plan area until:
a) [UNRESOLVED POLICY – REMAINS UNDER APPEAL]
b) [UNRESOLVED POLICY – REMAINS UNDER APPEAL]
c) Phases 1 and 2 of the Municipal Class EA have been completed for road and infrastructure works within the Secondary Plan area;
d) A Tertiary Plan has been endorsed by Council for the development area or has been deemed substantially advanced by the Town.
C.11.7.5.5
Prior to site plan approval, an Urban Design Plan shall be prepared for Neighbourhood Centres which may include building massing and plans which demonstrate the integration of uses within these areas as well as appropriate transitions along their interface with planned adjacent lower density development.
Where the first phase of development within a block will not meet minimum density requirements the applicant shall be required to submit an intensification plan prior to site plan approval demonstrating how the ultimate density and other objectives for the site can be achieved. To the satisfaction of the Town, the intensification plan shall address:
a) The provision of local roads and small blocks;
b) The means to achieve a safe pedestrian and transit friendly streetscape with the initial uses;
c) The siting and orientation of buildings within the block and to the street for the initial development and longer-term intensification;
d) The siting and orientation of parking for the initial development and changes to parking to accommodate the intensification process; and,
e) The ability to achieve both short term and longer-term intensification, the former potentially through intensification around initial buildings or reserved sites and the latter through possible redevelopment of the initial buildings themselves.
C.11.7.6
ROADS ENVIRONMENTAL ASSESSMENT
The location and general alignment of new collector roads as illustrated on the Schedules to this Secondary Plan are approximate. All roadway and driveway spacing shall conform to standard roadway engineering practices (including the Region’s Access Management Guidelines and By-law for Regional roads) and is to be approved by the respective roadway jurisdiction.
This Secondary Plan and concurrent Municipal Class EA satisfy Phases 1 and 2 of the EA processes for collector roads. The proposed locations of collector roads will only be finally determined upon completion of any required future Phase of the EA process.
C.11.8
INTERPRETATION
Further to, and in accordance with, Section B.5.10 of this Official Plan, the following interpretation policies are applicable to the Trafalgar Secondary Plan.
C.11.8.1*
BOUNDARIES
Locations, boundaries or limits described in text or indicated on Schedules “C.11.A”, “C.11.B”, “C.11.C”, and/or “C.11.D” are intended to be approximate only, in accordance with Section B.5.10.2.1 of this Official Plan. Where the intent of this Secondary Plan and Official Plan are maintained, minor boundary adjustments to boundaries and the location of proposed specific land uses or facilities will not necessitate an amendment to the Secondary Plan.
C.11.8.2
SYMBOLS
Symbols for parks and schools are conceptual and intended to show the approximate location of these elements on Schedule “C.11.C”. Where the general intent of the Plan is maintained, minor adjustments will not require amendment to this Secondary Plan, except where the proposed symbol crosses an arterial road or the NHS.
C.11.8.3
DEFINITIONS
Further to, and in accordance with, the existing definitions of Section B.5.10.6 of this Official Plan, the following definitions are applicable to the Trafalgar Secondary Plan.
Complete Streets means streets planned to balance the needs of all road users, including pedestrians, cyclists, transit-users, and motorists.
Development Area Environmental Functional Servicing Study (DAEFSS) means an integrated environmental and engineering study supporting Draft Plans of Subdivision that provides a greater level of detail than the MESP, where required, on matters such as refinements to the Natural Heritage System, Stormwater Management/Low Impact Development measures, site grading and servicing, assessments of potential impacts to the NHS, identification of design and mitigative measures for NHS protection/management, and direction to detailed designs and monitoring. A DAEFSS will be scoped based on area specific matters and MESP recommendations. It is not intended to re-study MESP matters but will include matters not addressed or finalized in the SWS or MESP and provide a greater level of detail than the MESP where required. The DAEFSS study area will be determined considering draft plan limits and the extent of drainage areas within the draft plan(s); it may include upstream and downstream areas in the same subcatchment(s), where appropriate.
Where draft plan level of detail cannot be provided for the entire DAEFSS study area, a DAEFSS Addendum or Environmental Impact Assessment may be required in the future for areas where additional detail is required or where there are substantive changes in a development concept not addressed in the original DAEFSS.
Environmental Impact Assessment (EIA) [UNRESOLVED POLICY – REMAINS UNDER APPEAL]
Frequent Transit means a public transit service that runs at least every 15 minutes in both directions throughout the day and into the evening every day of the week.
Master Environmental Servicing Plan (MESP) [UNRESOLVED POLICY – REMAINS UNDER APPEAL]
Public Service Facilities means land, buildings and structures for the provision of programs and services provided or subsidized by a government or other body, such as social assistance, recreation, police and fire protection, health and educational programs, and cultural services.