PLANNING JUSTIFICATION REPORT STAR OAK DEVELOPMENTS LIMITED DRAFT PLAN OF SUBDIVISION ZONING BY LAW AMENDMENT

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1 PLANNING JUSTIFICATION REPORT DRAFT PLAN OF SUBDIVISION ZONING BY LAW AMENDMENT Part of Lots 14 & 15, Concession 2, North of Dundas St. Town of Oakville Regional Municipality of Halton SEPTEMBER 19, 2013 PREPARED BY: KLM PLANNING PARTNERS INC. FILE No: P 2011

2 TABLE OF CONTENTS INTRODUCTION... 1 BACKGROUND... 1 PROPOSAL...4 Description.5 PLANNING APPLICATIONS... 7 Zoning By-law Amendment... 7 Supporting Documents... 8 ANALYSIS OF COMPLIANCE WITH CURRENT PLANNING CONTEXT Provincial Policy Statement (2005) Halton Regional Official Plan (2006) Town of Oakville Official Plan Amendment No. 272: North Oakville East Secondary Plan Town of Oakville Zoning By-law ( ), as amended SUMMARY. 17 LIST OF FIGURES & TABLE FIGURE 1 LOCATION MAP... 2 FIGURE 2 PROPOSED DEVELOPMENT/LAND USE PLAN... 3 FIGURE 3 SUBWATERSHEDS... 4 TABLE 1 DEVELOPMENT STATISTICS... 6 APPENDICES APPENDIX I APPENDIX II APPENDIX III APPENDIX IV APPENDIX V - Reduction of Proposed Draft Plan of Subdivision - Draft Zoning By-law Amendment and Schedule - Pre-Application Submission Requirements - Halton Regional Official Plan 2006 Map 1, Regional Structure - North Oakville East Secondary Plan Figure NOE 2 Land Use Plan PLANNING JUSTIFICATION REPORT

3 INTRODUCTION KLM Planning Partners Inc. was retained by Star Oak Developments Limited with respect to the development of their lands through applications for Draft Plan of Subdivision and Zoning By-law Amendment for approximately 217 residential units and approximately 34.5 hectares (85 acres) of serviced employment lands, generally located on the east side of Sixth Line, north of Burnhamthorpe Road East in the Town of Oakville. The purpose of this report is to provide a planning analysis of the proposed development and amendments to the Town of Oakville Zoning By-law and their conformity to Provincial, Regional and Municipal policies. BACKGROUND Site Description The lands are legally described as Part of Lots 14 and 15, Concession 2, North of Dundas Street, in the Town of Oakville. The site is approximately hectares (170 acres) in size, with a frontage of 593 metres along Burnhamthorpe Road East (see Figure 1). The subject lands fall within four subwatershed areas generally divided by the Natural Heritage System Area (see Figure 3). These subwatersheds are the Upper West Morrison Creek (UWM1) for the southwest quadrant, the East Morrison Creek (EM4) for the southeast quadrant, the Joshua Creek (JC7) general eastern quadrant, and the Sixteen Mile Creek (SM1) for the northwest quadrant. There are no significant watercourses and no significant vegetation outside of the woodlots identified through the Environmental Impact Study and designated Natural Heritage System Area under the North Oakville East Secondary Plan. The subject lands are currently used for agricultural purposes. The following uses are adjacent to the subject lands: North: Existing Highway No. 407 and the northern limits of the North Oakville East Secondary Plan. South: East: Existing agricultural uses. These lands are designated Neighbourhood Area under the North Oakville East Secondary Plan, which permits for a range of low and medium density residential uses. Existing agricultural uses. These lands are designated as Trafalgar Urban Core Area under the North Oakville East Secondary Plan, which permits employment related uses including office, institutional, prestige industrial and service commercial uses. PLANNING JUSTIFICATION REPORT Page 1 of 17

4 West: Existing agricultural uses on the west side of Sixth Line. These lands are similarly designated as the subject lands with the southern portion abutting Burnhamthorpe Road West as Transitional Area and Employment Area towards the north. FIGURE 1 LOCATION MAP PLANNING JUSTIFICATION REPORT Page 2 of 17

5 FIGURE 2 PROPOSED DEVELOPMENT/LAND USE PLAN PLANNING JUSTIFICATION REPORT Page 3 of 17

6 FIGURE 3 SUBWATERSHEDS PLANNING JUSTIFICATION REPORT Page 4 of 17

7 PROPOSAL Description The proposed Draft Plan of Subdivision seeks to implement the designations and policies of the North Oakville East Secondary Plan through a road and land use pattern consisting of approximately 217 residential dwelling units in single detached and townhouse lots and approximately 34.5 hectares (85 acres) of employment lands with a village square, stormwater management pond and Natural Heritage System areas (shown on Figure 2). The southern portion of the site is designed such that the proposed laneway based townhouses directly address the existing bounding roads (Sixth Line and Burnhamthorpe Road East), creating a consistent street edge facing the future residential areas on the other sides of the road. The proposed local streets are mainly oriented in a north-south direction such that they create terminating views into the Natural Heritage System and opportunities for prominent views of the future employment buildings. These streets also provide additional permeability in the road pattern for better connectivity between the residential and employment uses. A village square is provided on the south side of the east-west local employment road, opposite the Natural Heritage System. The village square has an approximate area of 0.5 hectare (1.2 acres) and has three sides of road frontage with the laneway based townhouses directly fronting on the square on the fourth side. The proposed employment blocks are located along the east-west local employment road and east-west North Oakville Transportation Corridor (NOTC) that run through the subject lands. Driveway access to the employment blocks opposite the proposed residential uses would be coordinated with the intersections of the local streets and local employment road, to the extent possible, as described in the supporting Area Design Plan discussed in the latter section of this report. In addition, the proposed employment development block located at the northeast corner of the future minor collector and Sixth Line is intended to provide for retail and service commercial uses servicing the immediate employment area and residents. Table 1 below provides the statistics of the proposed development in the format of the Town of Oakville s Planning Statistics Sheet. PLANNING JUSTIFICATION REPORT Page 5 of 17

8 TABLE 1 : DEVELOPMENT STATISTICS PLANNING JUSTIFICATION REPORT Page 6 of 17

9 The proposed density and lot sizes and road pattern design as described above would provide for an efficient, compact, pedestrian friendly, transit supportive development consistent with the objectives of the Province, Halton Region and the North Oakville East Secondary Plan. PLANNING APPLICATIONS The following applications to implement the proposed development have been submitted: Draft Plan of Subdivision Application for Draft Plan of Subdivision for development as described in previous section. A reduced copy of the proposed Draft Plan of Subdivision is attached in Appendix I of this report. Zoning By-law Amendment The following exceptions are required to implement the proposed Draft Plan of Subdivision: Rezone the subject lands from Existing Development (ED) Zone to residential uses under the General Urban (GU) Zone with site specific exceptions, employment uses under the General Employment Performance (LE) Zone with site specific exceptions, village square and open space blocks under the Park (P) Zone, woodlots within the Natural Heritage System (NHS) Zone, stormwater management pond under the Stormwater Facility (SWF) Zone and two other Natural Heritage System Zones (NHS-1 and NHS-2) with site specific exceptions. A copy of the proposed Zoning By-law Amendment is attached in Appendix II of this report. PLANNING JUSTIFICATION REPORT Page 7 of 17

10 Supporting Documents The proposed development has been prepared together with various supporting documents that were identified by the Town of Oakville Planning Staff as being required as part of the pre-application consultation meeting (see Appendix III). These documents have been submitted separately but the findings are summarized below: Functional Servicing Plan and Environmental Implementation Report Prepared by RAND Engineering Corporation (August 2013): The stormwater management plan for the Upper West Morrison Creek subwatershed has been prepared with the ultimate goal of incorporating recommendations set out in the NOCSS as they relate to storm drainage. The objective of the stormwater management plan is to address any impacts of proposed development within the study area, influencing the receiving watercourse and associated terrestrial features. It is to be demonstrated that the susceptibility to flooding and erosion within the study area and within the downstream watercourse is not increased as a result of the proposed land uses and corresponding increased runoff rates. In accordance with the goals, objectives and targets provided in the NOCSS, for the design of the storm drainage systems, the lands within Subcatchment UWM1 were screened for the suitability of various SWM practices to provide water quality, erosion and quality control. Consideration was given to criteria such as the physical suitability of the site, environmental objectives, pollutant removal objectives, aesthetics, cost effectiveness and safety. The selection of the appropriate practices involved assessment of various at-source, conveyance and end-of-pipe control facilities. As recommended in the NOCSS, special consideration was given to the potential implementation of the Low Impact Development (LID) best management practices to maximize SWM at the site level. Recognizing the environmental objectives, site location and type of the proposed development, the following practices are recommended: a)implementation of wet pond extended detention ponds b)increasing topsoil depths in landscaped areas, in accordance with the Town s design standards; and, c)discharge of roof runoff to increased topsoil depths on lots. PLANNING JUSTIFICATION REPORT Page 8 of 17

11 In addition, for the purposes of servicing proposed development scenarios, it is necessary and/or beneficial to divert sections of existing drainage areas to adjacent drainage sheds. Where grade permits, this may be accomplished by the conveyance of storm drainage by storm sewers across an existing drainage boundary. The lands northeast of Burnhamthorpe Road/Sixth Line currently tributary to West Morrison Creek together with a portion of the East Morrison tributary EM4 subcatchment area north of Burnhamthorpe Road are proposed to be diverted to the adjacent East Morrison Creek EM1 subwatershed under post-development conditions. A preliminary analysis of proposed storm sewer elevations indicates that the lands can drain by gravity sewers southeast to the proposed stormwater management facility servicing the East Morrison Creek lands. Downstream watercourses will not be subject to an increased flood risk due to future development within the study area, as peak flow attenuation will be provided for all rainfall events from the 2 year storm to the 100 year storm and the Regional storm, using stormwater quantity control facilities. It is also noted that a stormwater management facility shown on the masterplan shared by the Star Oak and Biggar properties is proposed to be eliminated due to the proposed diversion of East Morrison EM4. The details of the proposed diversions and drainage impact assessment are contained within the supporting Drainage Area Exchange Justification Report prepared by GHD. The balance for the proposed employment lands north of the Natural Heritage System Area within the Sixteen Mile Creek subwatershed are proposed to drain into a proposed Stormater Management Facility located at the northern limit of the subject lands. The facility will provide for water quality, erosion and quantity control. Discharge from the facility will be directed to an existing ditch along the south side of Highway 407, upstream of the Highway 407 culvert crossing. Due to the relatively shallow depth of storm sewers required to service the proposed developments in the study area, it is anticipated that sump pumps will be included in the storm drainage design for residential units, to provide protection from basement flooding in areas where the 100 year hydraulic grade line approaches basement elevations. Town of Oakville policy permits the use of sump pumps with discharge to the surface. There are currently no municipal sanitary services to the residences within the study area. The farm residences along Burnhamthorpe Road and Sixth Line are serviced with private septic systems. The subject lands are proposed to be serviced by a sub-trunk sewer draining from Burnhamthorpe Road to the proposed Dundas Street trunk sewer at the Oak Park Boulevard intersection. This sub-trunk will extend north of Burnhamthorpe Road and include the FSS Study Area east of Sixth Line. PLANNING JUSTIFICATION REPORT Page 9 of 17

12 Traffic Impact Study Prepared by URS (April 2013): The proposed development and development of the North Oakville Secondary Plan will bring about improvements to intersection signalization and increased lane capacities through road widenings and the provision of new road networks. These improvements, both internal and external to the subject lands, will provide for intersections that are expected to operate at good overall Levels of Service. It is noted that the proposed development would provide for segments of identified transit corridors where they traverse through the subject lands. The subject lands will be well serviced by existing and planned for transit. In accordance with the North Oakville East Trails Plan, the proposed development would provide for appropriate pedestrian connections and cycling paths by way of designated bike lanes. Urban Design Brief Prepared by John G. Williams Architect and NAK Design Strategies (April 2013): The Urban Design Brief focuses on the physical design of the residential neighbourhood and employment district, with particular reference to structuring elements, the major road network, Natural Heritage System, stormwater management pond, Village Square, transitional residential areas and employment blocks. It prescribes open space and built form guidelines and principles for these areas and components, while allowing some flexibility for delivering a wide range of design expressions, architectural form and styles that provide interest in the urban environment. The Urban Design Brief emphasizes and details the integral elements that will help create a walkable, transit friendly urban environment with mixed residential densities and employment opportunities. Noise and Vibration Report Prepared by HGC Engineering (April 2013): The results of the study indicate the proposed residential development is feasible. Assessment of sound levels from future road traffic will exceed MOE guidelines in some areas. As such, the following mitigation measures are recommended: - Acoustic barriers (approximately 2.2 metres in height) are required for the rear yards of end units directly adjacent to Burnhamthorpe Road. - Central air conditioning is required for the Blocks and lots directly adjacent to and with some exposure to Sixth Line. Forced air ventilation with ductwork sized for future installation of central air conditioning by the occupant is required for lots and blocks adjacent to and with some exposure to Burnhamthorpe Road. - Upgraded building and glazing constructions will be required for lot and blocks directly fronting onto Sixth Line. PLANNING JUSTIFICATION REPORT Page 10 of 17

13 - For the proposed employment blocks in proximity to the proposed residential uses, at-source noise mitigation measures will be examined at the site planning process. - Dwellings with exposure to Sixth Line, Burnhamthorpe Road and near the future employment blocks will require noise warning clauses. Phase One Environmental Site Assessment Prepared by Soil Engineers Ltd. (April 2013): Review of the 1880 Historical Map advised that orchards were present on a portion of the subject lands to the northwest and southeast. Accordingly, the topsoil at the agricultural and orchard areas of the site were tested for Contaminants of Concern in March of The results of the testing revealed that the concentration of all tested parameters fall within the applicable site condition standards, thus the past agricultural and orchard areas are not of environmental concern. The assessment revealed there is a low potential for environmental concern associated with the past and current activities on the site and neighbouring properties. Therefore, no further environmental investigation is recommended. In addition, based on the proposed change in land use, a record of site condition is not required to be filed. It is noted that record review indicated three water wells on the subject lands, however only one was observed during site inspection. All wells will have to be located and appropriately decommissioned prior to development of the site. Archaeological Assessment- Stage 4 Prepared by The Archaeologists Inc. (January 2013): Two sites (McDuffe and Bigger) were identified through the Stage 1 and 2 Assessment within the subject lands that required further assessment. The Stage 3 Assessment concluded both sites have further cultural heritage value or interest and be subject to Stage 4 mitigation. Excavation of both sites resulted in the recovery of artifacts and features confirming early to late nineteenth century Euro-Canadian homesteads of a short-term occupation. It is concluded that in the context of the archaeological history of Ontario, there is nothing atypical to both sites. Both sites have been completely excavated and assessed and have no further cultural heritage value or interest. Heritage Assessment Prepared by Architects Rasch Eckler Associates Ltd. (June 2013): The assessment did not find any historic structures on the subject lands. The subject lands have no distinct heritage value in comparison to the adjacent inventory-listed farms. Furthermore, the adjacent Sites I and II have heritage attributes which are PLANNING JUSTIFICATION REPORT Page 11 of 17

14 either not of significance, not affected by the proposed development and/or are distant from the boundary of the subject lands. The proposed development functions appropriately and positively in relation to the two adjacent heritage-listed properties. ANALYSIS OF COMPLIANCE WITH CURRENT PLANNING CONTEXT Provincial Policy Statement (2005) The Provincial Policy Statement (PPS) provides municipalities with policy direction for implementing appropriate development and land use regulations. The proposed development and proposed amendments to the Zoning By-law are consistent with the policies of the PPS, including the following: Promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term (Section 1.1.1a) Providing for a focus of growth in Settlement Areas by promoting their vitality and regeneration (Section ) Providing land use patterns based on (Section ): a) densities and a mix of land uses which: 1. efficiently use land and resources; 2. are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; and 3. minimize negative impacts to air quality and climate change, and promote energy efficiency for new housing that support the use of alternative transportation modes and public transit where it exists or is planned for (Section 1.4.3d) Making efficient use of existing and planned transportation infrastructure (Section ) Promoting a land use pattern, density and mix of uses that minimizes the vehicular trips and support the development of viable choices and plans for public transit (Section ) PLANNING JUSTIFICATION REPORT Page 12 of 17

15 The proposed development and amendments to the Zoning By-law would provide for residential and employment uses in a walkable street and land use pattern that provides for development in an efficient compact urban form and density, consistent with the North Oakville East Secondary Plan. The proposed development also makes efficient use of the capacity of the existing and planned infrastructure within the Secondary Plan area. Therefore, the proposed development is consistent with the policies of the PPS. Halton Regional Official Plan (2006) The Halton Regional Official Plan (ROP) designates the subject lands as part of the Urban Area, shown within the Urban System, as identified on Map 1 The Regional Structure (see Appendix IV). As stated under Section 71, the goals of the Urban System are: To manage 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 landforms permanently; To support a form of growth that is compact and supportive of transit usage, makes efficient use of space and services and promotes live-work relationships; and, To provide a range of identifiable communities of various sizes, types and characters, which afford maximum choices for residence, work and leisure. Furthermore, under Section 73, the objectives of the Urban Areas are: To establish a rate and phasing of growth that is consistent with the attainment of Regional objectives; To identify an urban structure that supports the development of Nodes and strategically located mixed-use corridors; and, To prescribe urban development boundaries. The Town of Oakville Official Plan provides further policies and direction on how to achieve the objectives of the Region s Official Plan policies for the Urban Areas. Town of Oakville Official Plan Amendment No. 272: North Oakville East Secondary Plan The lands are subject to the Town of Oakville Official Plan Amendment No. 272: North Oakville East Secondary Plan (Secondary Plan), which was approved by the Ontario Municipal Board on January 11, The Secondary Plan provides the detailed land use PLANNING JUSTIFICATION REPORT Page 13 of 17

16 planning framework for the development of lands located north of Dundas Street and south of Highway No. 407 and east of 16 Mile Creek. The Secondary Plan includes general development objectives described under Section that guide future development. These include: Environment and Open Space To identify, preserve and protect ESA s, ANSI s, provincially significant wetlands and significant woodlands which form the core of the natural heritage system, protecting the function of these features and ensure that long term sustainability of the nature heritage system integrated into the urban context. Residential To provide for a variety of residential densities and unit type, responding to the varied needs of the future population and encouraging a closer relationship between the workplace and home through land use planning. Employment To create employment districts which provide a range of employment opportunities in an efficient land use arrangement in close relationship to residential areas. The employment districts should also incorporate the best community planning and urban design practices while integrating the area s natural heritage and open space system where available. Urban Design To integrate community design that coordinates land use, the natural heritage and open space system, the street network and built form that reinforce a community vision. Transportation To create a system of roads and transportation corridors which promotes the safe, efficient circulation of traffic, including transit and non-vehicular traffic. Servicing To provide for services, including stormwater drainage works in an efficient manner while minimizing their impact on the natural environment. The proposed development and implementing Zoning By-law amendment incorporates the above noted development objectives as it preserves the natural heritage features, integrating them into the urban fabric through views, vistas and trail systems. A range of residential housing types and employment lands are provided in proximity to each other, encouraging walkability between uses. PLANNING JUSTIFICATION REPORT Page 14 of 17

17 As shown on Figure NOE 2 of the Secondary Plan (Appendix V), the subject lands are designated Transitional Area on the north side of Burnhamthorpe Road East and Employment District and Natural Heritage System progressing northwards (see Figure 2 Proposed Development/Land Use Plan). The Transitional Area designation is located between predominately residential areas south of Burnhamthorpe Road West and the employment areas to the north. The Employment District designation permits a range of light employment uses that are designed to be sensitive to the adjacency and compatibility with residential uses. In addition, limited retail and service commercial uses serving the employment area are permitted. Development standards and design policies are prescribed under Section and have been addressed by the submitted Area Design Plan as discussed in the section below. The Transitional Area designation is intended to provide an interface and buffer between the more intensive concentration of employment uses in the Employment District and the adjacent General Residential designation. Uses permitted may include all uses permitted under the General Urban Area designation (low and medium density residential uses), small scale convenience retail and personal services, institutional uses and high density residential uses where appropriate as a buffer between industrial and low density residential uses. The permitted mix of residential housing types have density range of 25 to 75 units per net hectare and a maximum building height of 3 storeys. As described under Table 1 in the previous section, the proposed Draft Plan of Subdivision provides for a residential density of approximately 34 units per net hectare, well within the permitted range. The proposed development would achieve the residential density target prescribed for the subject lands. In addition to providing the lands use policies for the Transitional Area designation, the Secondary Plan also requires the creation of an Area Design Plan (ADP) prior to the development of lands identified as Transitional Area. Specifically, Section 7.5.2e) of the Secondary Plan requires the ADP to detail the following: The size and location of schools, neighbourhood parks, village squares, and urban squares; The location, size and general configuration of stormwater management ponds; The detailed road configuration; The specific boundaries of neighbourhood land use categories and other designations; The density and distribution of housing types; How the proposal addresses the Town s Implementation Strategy; PLANNING JUSTIFICATION REPORT Page 15 of 17

18 The location, alignment, and boundaries of medium constraint streams; Co-ordination with land uses and road patterns for lands outside, but adjacent to the lands which are subject to the ADP; and The requirements of the Transitional Areas as set out in Section a) A draft of the Area Design Plan for the subject lands was prepared by KLM Planning Partners Inc. addressing how the area has been designed to meet the above noted criteria. This document was submitted to the Town in the summer of With respect to the phasing of development, Section of the Secondary Plan permits unphased developments within the Employment, Transitional and Urban Core Area designations. Additionally, development in the Neighbourhood Area designation in Neighbourhoods south of Burnhamthorpe Road East shall be permitted without phasing policies subject to the extension of municipal sewer and water services to the lands in the Employment Area designation to permit the development of a plan of subdivision with a minimum gross area of 25 hectares and to the lands within the Trafalgar Urban Core Area designation with a minimum gross area of 10 hectares. The proposed Star Oak Draft Plan of Subdivision would provide for approximately 34.5 gross hectares of new employment lands within the Employment Area designation, while the Green Ginger Draft Plan of Subdivision would provide for the minimum 10 gross hectares of lands within Trafalgar Urban Core Area. Accordingly, lands within Neighbourhoods 8 and 9 south of Burnhamtorpe Road East can be developed unphased. The proposed Draft Plan of Subdivision and implementing Zoning By-Law Amendment provides for residential and employment uses, village green, natural heritage system open space and stormwater management facility consistent with the policies of the North Oakville East Secondary Plan. Town of Oakville Zoning By-law ( ), as amended The subject lands are currently zoned as ED Existing Development under the Town of Oakville Zoning By-law No , as amended, and currently recognize the existing agricultural and associated uses. An amendment to the Zoning By-law will be required to implement the Secondary Plan and to permit the proposed development. As discussed in the previous section, a draft amending Zoning By-law is provided in Appendix II. PLANNING JUSTIFICATION REPORT Page 16 of 17

19 SUMMARY The proposed development and amendments to the Zoning By-law are consistent with the objectives and intent of the Provincial Policy Statement, the Halton Regional Official Plan and the Town of Oakville North Oakville East Secondary Plan by providing for the anticipated housing and employment needs in density and road pattern that is transit supportive, contributing to building complete neighbourhoods. Given all of the above, it is our opinion that the proposed development and amendments to the Town of Oakville Zoning By-law represents good planning. PLANNING JUSTIFICATION REPORT Page 17 of 17

20 APPENDICES

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22 2011DES6-ZONTEXT-3 THE CORPORATION OF THE BY-LAW NUMBER A by-law to amend the Town of Oakville s North Oakville Zoning BY-law , as amended, to permit the development of lands described as Parts of Lots 14 and 15, Concession 2 North of Dundas Street (Star Oak Developments Limited) COUNCIL ENACTS AS FOLLOWS: 1. This by-law applies to the lands north of Burnhamthorpe Road, east of Sixth Line, West of Trafalgar Road, as identified on Schedule A to this by-law. 2. Map 12(5) of By-law , as amended, is further amended by rezoning the lands identified on Schedule A from ED to GU-*, LE-**, SA, SMF, P, NHS, NHS-1, and NHS By-law , as amended, is further amended by adding the following to Section 8 as Special Provision *: * Map 12(5) Star Oaks Developments Limited, NE Burnhamthorpe and Sixth Line Parent Zone: GU (2013- ) 8.*.1 Zone Provisions: The permitted uses and regulations of the General Urban Zone shall apply except where in conflict with the following in which case the following shall prevail: a) In the case of a corner lot with a sight triangle or daylighting triangle, the exterior side lot line shall be deemed to extend to it s hypothetical point of intersection with the extension of the front lot line for the purposes of calculating lot frontage and lot depth. b) The minimum front yard or flankage yard to a daylighting triangle or sight triangle shall be 0 metres. c) Notwithstanding Section Porch or any other provision to the contrary, the requirement for porches to have a portion of walls which are open and unenclosed shall not apply; 1

23 2011DES6-ZONTEXT-3 d) Notwithstanding Section 4.30 Landings or any other provision to the contrary, no minimum width shall apply for a porch. 4. By-law , as amended, is further amended by adding the following to Section 8 as Special Provision **: ** Map 12(5) Star Oaks Developments Limited, NE Burnhamthorpe and Sixth Line Parent Zone: LE (2013- ) 8.**.1 Zone Provisions: The permitted uses and regulations of the Light Employment Zone shall apply except where in conflict with the following in which case the following shall prevail: a) Section Permitted Location For Loading Docks shall not apply; b) Loading docks when required or provided, shall not be provided in the Front yard and shall be located on the same lot as the use, or combination of uses, for which the loading docks are required or are being provided. However, where loading docks are located in any yard abutting a residential zone or a street, they must be screened from view by an opaque screen with a minimum height of 1.5 metres. PASSED this day of 2013 MAYOR CLERK 2

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29 MAP 1 THE REGIONAL STRUCTURE REG 25 DUBLIN LINE TOWN LINE Glen Williams D17 D ET R WINSTON CHURCHILL BLVD R15 BURLINGTON BEACH WATERFRONT PARK Con. I S.D.S. Con. II S.D.S. LAKESH ORE A ST REBECC D2 LAKESHORE D11 D22 EIGHTH LINE NEW ST FAIRVIEW ST SPEERS Con. I N.D.S. Con. III S.D.S. KERR ST BURLOAK DR WALKER'S LINE QEW HAMILTON HARBOUR MAINWAY DO RV AL DR QEW KING D23 IDDLE R D UPPER M SIXTH LINE BRANT ST WATER DOWN HWY 6 PLAINS IDDLE UPPER M THI LINE 1 OAKVILLE FOURTH LINE ST DUNDAS SUBJECT LANDS PE MTHOR D BRONTE D21 BURNHA ST DUNDAS Con. II N.D.S. ETR 407 TRAFALGAR GUELPH LINE * D18 LINE HWY 403 D 1 SIDE R 2 SIDE R NEYAGAWA BLVD Area Eligible for Urban Services WINSTON CHURCHILL BLVD Mount Nemo REGION OF PEEL E BASE LIN BASE D5 AMD25-D3 NINTH LINE 2 SIDE R 1 TENTH LINE COLLING 2 TRAFALGAR 3 LOWER LOWER D 4 SIDE R APPLEBY LINE North Aldershot Policy Area 4 BURLINGTON SIXTH LINE Ninth Line Corridor Policy Area 5 IA BRITANN FIFTH LINE Milton West Special Study Area CEDAR SPRINGS Parkway Belt West Plan Area * CITY OF HAMILTON Niagara Escarpment Plan Area FOURTH LINE Lowville 6 Other Areas REG 25 7 D12 MILTON FIRST LINE Regional Waterfront Park D TREMAINE 8 SIDE R Kilbride 8 BELL SCHOOL LINE AMD25-D4 APPLEBY LINE WALKER'S LINE 11 D DERRY R EIGHTH LINE D DERRY R Escarpment Natural Area Greenlands B MAIN ST 14 SIDE 12 Environmental Sensitive Area AVE Proposed The Greenlands System STEELES James Snow Parkway 13 ST 14 ay AVE BRONTE ST Halton Waste Management Site MCNIVEN 15 sed ow Par kw HWY 401 STEELES Mineral Resource Extraction Area AMD25-D1 ETR s Sn THOMPSON Hamlet Y7 Pro po ONTARIO ST 2 NINTH LINE 3 Agricultural Rural Area EIGHTH LINE D8 3 SIDE TWISS 4 HW AMD25-D3 Jam e 5 Escarpment Protection Area Norval 5 SIDE HWY The Rural System AMD25-D2 5 SIDE Campbellville 7 Parkway Belt Area TRAFALGAR DUBLIN LINE Primary Node FIFTH LINE 10 SIDE FOURTH LINE 11 WELLINGTON The Urban System COUNTY 9 CITY OF Urban Area HAMILTON 8 THI LINE 12 REG SIDE SIXTH LINE 14 H LP HALTON GEORGETOWN HILLS Moffat MILBUROUGH LINE kilometres HWY 4 03 UE 15 SIDE Brookville G 17 SIDE MOUNTAINVIEW Stewarttown 16 Escarpment Rural Area AVE MAPLE AMD25-D3 22 SIDE 21 4 Greenlands A 22 SIDE 20 SIDE 22!( HWY 7 RIVER DR SIDE SIXTH LINE 23 FOURTH LINE 24 GUELPH LINE SECOND LINE FIRST LINE WELLINGTON COUNTY 25 FIFTH LINE 25 SIDE AMD25-D7 TENTH LINE 28 SIDE SIDE MAIN ST ACTON SIDE NINTH LINE 30 SIDE 31 VII VI XI X IX VIII HWY 7 32 SIDE 32 COUNTY V IV III II I VII VI V IV III II I AMD25-D6 D7 AMD25-D5 ON WELLINGT BURLOAK WATERFRONT PARK BRONTE HARBOUR WATERFRONT PARK LAKE ONTARIO Office Consolidation: October 6, APPENDIX IV

30 SUBJECT LANDS APPENDIX V