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infrastruCture September 2011 | 14.11.208.001.P01

MMM Group Limited

Winston Park West Employment Lands

Planning Rationale

D14-010-65

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Planning Rationale – IO Winston Park West Employment Lands, Town of Oakville

MMM Group Limited | September 2011 | 14.11208.001.P01

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TABLE OF CONTENTS

1.0 INTRODUCTION ................................................................................ 1

1.1 Purpose ............................................................................................................................. 1

1.2 Supporting Studies .......................................................................................................... 1

2.0 SITE LOCATION & SURROUNDING USES ..................................... 3

2.1 Hydro Easements/Corridors and Gas Pipeline Easements / Corridors ..................... 4

3.0 DEVELOPMENT PROPOSAL ........................................................... 7

4.0 PLANNING FRAMEWORK ................................................................ 9

4.1 Provincial Policy Statement, 2005 .................................................................................. 9

4.2 Places to Grow – Growth Plan for the Greater Golden Horseshoe .......................... 11

4.3 The Greenbelt Plan ......................................................................................................... 14

4.4 Parkway Belt West Plan (Consolidated June 2008) .................................................... 14

4.5 Metrolinx Regional Transit Plan – The Big Move ........................................................ 16

4.6 Ministers Zoning Order 481/73 ...................................................................................... 16

4.7 Region of Halton Official Plan ....................................................................................... 16

4.8 Town of Oakville Official Plan (Livable Oakville) ........................................................ 18

4.9 Comprehensive Zoning By-law 1984-063 (2008 Consolidation) ............................... 22

5.0 SUPPORTING STUDIES ................................................................. 24

5.1 Noise Assessment ......................................................................................................... 24

5.2 Traffic Impact Study ....................................................................................................... 24

5.3 Environmental Impact Study ......................................................................................... 25

5.4 Functional Servicing Report/ Stormwater Management Report ............................... 25

5.5 Arborist Report ............................................................................................................... 25

5.6 Archaeological Assessment ......................................................................................... 26

5.7 Phase 1 Environmental Site Assessment .................................................................... 26



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5.8 Hydrogeological Study .................................................................................................. 26

6.0 DRAFT PLAN OF SUBDIVISION .................................................... 27

7.0 PLANNING OPINION ....................................................................... 29

APPENDIX A: Pre-Consultation Agreement

APPENDIX B:Minister’s Zoning Order Application

APPENDIX C: Union Gas Easement Release Confirmation E-mail

APPENDIX D: Town of Oakville By-law 1984-063 Employment and Commercial Use

Permissions

APPENDIX E: MMAH Parkway Belt West Plan Inquiry Response – June 1ST, 2011

APPENDIX F: Hydro One Request to Sell Corridor Lands for Road Purposes – September

2ND, 2011



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1.0 INTRODUCTION

Infrastructure Ontario (IO) has retained MMM Group Limited to submit a draft plan of subdivision

application and supporting studies for lands located west of Highway 403, north of Upper Middle

Road in the area referred to as Winston Park West located within the Town of Oakville, Region of

Halton. The land holdings are comprised of three (3) separate landowners, which include: IO,

Tomulka and Sheridan Lanes. The three property owners are working together to facilitate

development of the subject lands. Winston Park West (WPW) has long been recognized as a

prime employment land area that can provide additional employment land to meet the Town of

Oakville‟s needs. The Planning Rationale provides an overview of the site and surrounding land

uses; the existing planning framework, a summary of the supporting studies; an outline of the

development proposal and required planning applications; and a planning analysis and opinion

regarding the development proposal.

1.1 Purpose

The purpose of the this Planning Rationale Report is to present a planning analysis and opinion

regarding the development proposal in support of the proposed Draft Plan of Subdivision

application for the Subject Property. The application is intended to facilitate the creation of an

employment business park at the lands located at the northwest corner of Highway 403 and

Upper Middle Road East (herein referred to as the “Subject Property”), on behalf of Her Majesty

the Queen in right of Ontario as Represented by the Minister of Government Services

(represented by Infrastructure Ontario), Sheridan Lanes Holdings Inc. and Tomulka, Richard

Fredrick. At this time no specific employment uses have been identified and no development

options are proposed for the Subject Property. However, it is the intent of this application to

facilitate the future use of these lands in accordance with the direction of the Oakville Official

Plan.

The Planning Rationale Report and associated supporting studies have been prepared in

accordance with the pre-consultation meeting with the Town on May 25, 2011 as updated based

on subsequent discussions with the Town, Region and Conservation Halton. A Pre-Consultation

Agreement was prepared and signed at the meeting to establish and confirm the submission

requirements for the Draft Plan of Subdivision application for the Subject Property. The Pre-

Consultation Agreement is included in Appendix A.

1.2 Supporting Studies

The following outlines the studies undertaken in support of the Draft Plan of Subdivision

application:

• Traffic Impact Study – MMM Group Limited



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• Arborist Report – MMM Group Limited

• Noise Assessment Memo – MMM Group Limited

• Functional Servicing Report / Stormwater Management Report – MMM Group Limited

• Environmental Impact Study – MMM Group Limited

• Hydrogeological Study – Norbert M. Woerns M.Sc. P.Geo

• Archaeology – Golder Associates

• Environmental Site Assessment – Terrapex Environmental Ltd.



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2.0 SITE LOCATION & SURROUNDING USES

The Subject Property are located at the northwest corner of Highway 403 and Upper Middle

Road East as shown on Figure 1. The properties are legally described as Part of Lots 33 and 34,

Concession 1, North of Dundas Street, Geographic Township of Trafalgar now in the Town of

Oakville, Regional Municipality of Halton, and encompass a gross area of 36.93ha (91.26 acres).

The subject lands are comprised of 3 land holdings, Infrastructure Ontario (formerly Ontario

Realty Corporation) to the east, Rick Tomulka in the centre and Sheridan Lane Holdings Inc. to

the western boundary of the Subject Property. The location of the Subject Property close to

Highways 403, QEW and 407 provides convenient access to the GTA, southern Ontario and the

United States markets.

The landscape is relatively flat and generally slopes to the southwest corner of the Subject

Property. A woodlot is located on the north western edge of the Subject Property. A single

detached residential dwelling exists on the southern portion of the Tomulka land holdings, and

along the western edge of the IO lands are hydro poles, remnants from the period in which the

IO lands were used as overflow parking for the Ford plant. A woodlot is located on the north

edge of the Subject Property, in addition two wetland features have been identified by

Conservation Halton within the Subject Property.

Figure 1 – Location Map



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The Subject Property is bound by the following uses:

North: lands to the north of the Subject Property consist of a Union Gas Compressor Station, a

drive-in theatre and provincially owned lands for a Hydro Corridor located within the Parkway

Belt West Plan. The lands are designated business employment and are zoned light

employment (E1).

East: the lands are bound by Highway 403 including the on-ramp to Upper Middle Road. To the

east of the highway is the Winston Park East industrial area, the lands are designated

business employment and zoned light employment (E1).

South: lands to the south are designated business commercial and zoned commercial (C3A).

Currently existing are residential lots, and further south is the Queen Elizabeth Way highway.

West: lands to the west are designated business employment and are zoned employment (E1).

The majority of these consist of existing single family residential dwelling units with a private

school at northeast corner of 9th Line and Upper Middle Road. The lands west of 9th Line

consist of open space and the Joshua Creek.

2.1 Hydro Easements/Corridors and Gas Pipeline Easements /

Corridors

The Subject Property is affected by eight easements as shown in Figure 2. These easements are

in favour of Hydro One, Union Gas, TransCanada Pipeline Ltd., and Enbridge and as a result of

their location and development limitations have impacted the draft plan of subdivision design.

This section of the report describes the easements and impacts on the proposed development.

Implications of the Parkway Belt West Plan and Minister‟s Zoning Order are discussed in

sections 4.4 and 4.6.

Hydro Easements

There are three separate hydro easements located within the subject lands, each impacting the

design of the subdivision as described below. For ease of reference each easement is

numbered and labeled on Figure 2.

A North/South Hydro One easement (noted as easement #1) impacts the proposed location of

the north/south local road (Street “A”). Hydro One has requested that roads traversing this

easement length wise be limited only to where necessary in order to maintain maximum flexibility

for future hydro infrastructure if needed. Therefore, Street “A” is proposed to be located outside

the western boundary of the easement through the centre of the Subject Property. In order to

maintain the required setback from the northern woodlot, a portion of Street “A” does enter this

easement. It is anticipated that at the time of development of individual parcels, access across

the easement can be provided and that parking opportunities could be considered under Hydro‟s

secondary land use program.



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A hydro easement, referred to as the South/East hydro corridor (noted as easement number #2)

is an extension of the hydro easement north of the Subject Property and crosses Highway 403 in

a southeast direction. We have been advised that this hydro easement is not currently available

for development and that Hydro One wishes to maintain this easement and not permit

development within the easement at the present time. As such, this easement has been set

aside within a future development block with access to Street “A”. A portion of Street “A” will be

located within this easement near the existing woodlot to facilitate access to the Subject

Property. This easement is located within the Parkway Belt West Plan and is not proposed to be

removed from the Parkway Belt West Plan.

The East/West hydro corridor (easement number #3) forms the northern boundary of the subject

lands. The northern east-west collector road (street “B”) is proposed through this Hydro

easement. Hydro One Network Inc. responded with respect to the east-west collector road and

has no objection to the new street provided that a 5m easement, to be owned by the Town, is

located within this corridor (Appendix F). We have proposed to locate this corridor on the south

side of Street “B”. The remainder of these lands will be surplus future development lands.

Gas Pipelines/Easements

There are four separate gas pipeline and related gas servicing easements within the Subject

Property. Development setbacks from the gas pipeline easement range from 7 to 10 meters for

major structures, smaller accessory buildings can generally be setback approx. 3.0 meters from

the easement. No development, including parking, is anticipated on top of the easements as this

is generally not permitted by the pipeline companies.

The North/South Enbridge pipeline easement (easement #4) is directly adjacent to the

North/South Hydro Corridor. This easement traverses the Subject Property from the Union Gas

Compressor Station. Development setbacks from this pipeline easement will limit the

development opportunity for lands to the east of this easement. Only driveway and service

connections across the easement are anticipated.

North of the woodlot is a Union Gas pipeline (easement #5). No development is proposed

abutting this easement. This easement crosses the North/South Enbridge pipeline west of the

woodlot. Where these two easements cross will also be the location of the crossing of Street “A”.

Additional pipeline excavation work is ongoing to confirm the depth of these sewers to assess

potential servicing conflicts associated with underground services for the road crossing.

The Union Gas Compressor Station is serviced by an access easement and a service easement

(for electricity) that is located within the East/West Hydro corridor. These easements, collectively

noted as easements #6, are proposed to be removed in the long term as their function will be

replaced by the new Street “B”. Union Gas has confirmed their support for this arrangement in

principal as indicated in their correspondence in Appendix C.

There are two additional gas pipeline easements of note. A TransCanada Pipeline (easement

#7) traverses the East/West Hydro Corridor, servicing the Union Gas Compressor Station.

Street B will cross this easement. A South/East Enbridge Pipeline (easement #8) is also located

within the Subject Property. This easement is located within the future development block.



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Figure 2 – Easement Map



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3.0 DEVELOPMENT PROPOSAL

Figure 3 illustrates the concept plan for the Winston Park West Employment Area. The

development proposal is to accommodate the development of the employment area which is to

include light employment and limited business commercial uses. Currently, no specific

employment and commercial uses have been identified. These lands are designated and zoned

for employment and commercial uses.

The range of employment uses for the Subject Property is envisioned to provide more prestige

office uses and limited commercial (service/retail/office) uses. The Subject Property provide an

opportunity to develop additional office and light employment uses, similar to the uses provided

in the Winston Park East Employment lands.

The concept plan is consistent with the Town‟s Official Plan and incorporates an appropriate

implementation of the proposed road network based on more detailed study. The proposed

collector road pattern consists of an inverted „L‟ pattern running north from Upper Middle Road

which responds to the existing environmental and site conditions. This road pattern encourages

accessibility throughout the Winston Park West Employment Area.

This road pattern accommodates two new intersections, right-in right-out with an opportunity for

a full movement intersection at Upper Middle Road and a full turn intersection at Ninth Line

towards the north end of the Subject Property. The plan allows for the connection of lands to the

north as part of future development. The road pattern accommodates the development

restrictions as a result of the numerous easements on the Subject Property as previously

described, while providing for viable employment blocks and future transit potential.

The development proposal provides for a 30 metre widening of Highway 403, consistent with the

requirements expressed by the Ministry of Transportation to Infrastructure Ontario.

The development proposal identifies the natural heritage systems and stormwater management

facilities which have been further addressed through the Environmental Impact Study (EIS) and

Functional Servicing Report (FSR) prepared in support of these applications.



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Figure 3 - Concept Plan



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4.0 PLANNING FRAMEWORK

The following summarizes the current planning status of the Subject Property in the context of

the Provincial Policy Statement (PPS), the Growth Plan for the Greater Golden Horseshoe –

Places to Grow, Metrolinx Plan, the Province‟s Greenbelt Plan, the Parkway Belt West Plan, the

Region of Halton Official Plan and the Town of Oakville Official Plan.

It is our planning opinion, as outlined herein, that the proposed employment area development

proposal is supported by the current planning regime and represents good and sound community

planning. A Draft Plan of Subdivision application is necessary to realize the planned employment

development envisioned for the Subject Property.

4.1 Provincial Policy Statement, 2005

The 2005 Provincial Policy Statement (PPS) provides direction on key Provincial interests related

to land use planning and development, and is issued under the authority of Section 3 of the

Planning Act. The PPS provides policies that focus on the creation of sustainable, healthy

communities with a mix of land uses that promote healthy, livable and safe communities.

Municipalities are required to be consistent with the PPS when exercising their authority in

planning matters.

Section 1.0 of the PPS sets out policies associated with efficient land use and development

patterns that support strong, livable and healthy communities, protect the environment and public

health and safety, and facilitate economic growth.

Section 1.1.1 states:

Healthy, livable and safe communities are sustained by:

a) promoting efficient development and land use patterns which sustain the financial well-

being of the Province and municipalities over the long term;

b) accommodating an appropriate range and mix of residential, employment (including

industrial, commercial, and institutional uses), recreational and open space uses to meet

long-term needs;

e) promoting cost-effective development standards to minimize land consumption and

servicing costs

Policies in the „Settlement Areas‟ section states:

1.1.3.1 Settlement areas shall be the focus of growth and their vitality and regeneration shall be

promoted.

1.3.2 Land use patterns within settlement areas shall be based on:



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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.

The Subject Property is located with the urban area of the Town of Oakville as designated in the

Region of Halton Official Plan and the Town of Oakville Official Plan.

Policies in the „Employment Areas‟ section states:

1.3.1 Planning authorities shall promote economic development and competitiveness by:

a) providing for an appropriate mix and range of employment (including industrial,

commercial and institutional uses) to meet long-term needs;

b) providing opportunities for a diversified economic base, including maintaining a

range and choice of suitable sites for employment uses which support a wide

range of economic activities and ancillary uses, and take into account the needs of

existing and future businesses;

c) planning for, protecting and preserving employment areas for current and future

uses; and

d) ensuring the necessary infrastructure is provided to support current and projected

needs.

The proposed development conforms to the PPS by accommodating a range and mix of

employment uses which will meet the long term needs of the Region of Halton and the Town of

Oakville, and make efficient use of existing and planned infrastructure. The Subject Property is

an important component of the Region and Town‟s designated employment land supply.

The PPS policies provide the following guidance for transportation systems:

1.6.5.1 Transportation systems should be provided which are safe, energy efficient, facilitate the

movement of people and goods, and are appropriate to address projected needs.

1.6.5.2 Efficient use shall be made of existing and planned infrastructure.

1.6.5.3 Connectivity within and among transportation systems and modes should be maintained

and, where possible, improved including connections which cross jurisdictional

boundaries.

1.6.5.4 A land use pattern, density and mix of uses should be promoted that minimize the length

and number of vehicle trips and support the development of viable choices and plans for

public transit and other alternative transportation modes, including commuter rail and bus.



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1.6.5.5 Transportation and land use considerations shall be integrated at all stages of the

planning process.

The Subject Property has frontage along Upper Middle Road, a Regional road, which will be

serviced by Oakville Transit with links to transit hubs throughout the Town of Oakville. The

proposed road network provides for the opportunity to integrate transit directly within the

development.

Section 2.0 of the PPS sets out policies which protect significant natural heritage features and

water resources for their long-term economic, environmental, and social benefits.

Section 2.1.2 states:

The diversity and connectivity of natural features in an area, and the long-term ecological

function and biodiversity of natural heritage systems, should be maintained, restored or,

where possible, improved, recognizing linkages between and among natural heritage

features and areas, surface water features and groundwater features.

The protection of the natural heritage system is further addressed through the Environmental

Impact Study (EIS) and Functional Servicing Report (FSR) prepared in support of the

development applications.

4.2 Places to Grow – Growth Plan for the Greater Golden Horseshoe

The Places to Grow Act, 2005, provides the Province with the authority to establish provincial

plans in any area of Ontario. The Growth Plan for the Greater Golden Horseshoe came into

effect on June 16, 2006 and is the Province‟s initiative to manage growth across the Greater

Golden Horseshoe (GGH) and ensure that growth is directed to built-up areas where capacity

exists to accommodate the expected population, promote transit supportive densities and

compact urban forms, and the creation of urban growth centres and intensification corridors

through a supportive transportation network. The Subject Property are identified in the Growth

Plan as being within the built boundary of the Greater Golden Horseshoe; the location is

illustrated in Figure 4 and 5.

The Growth Plan provides further policies for directing where and how growth is to occur.

Section 2.2.6 provides specific guidance for planning of employment lands:

2.2.6.1 An adequate supply of lands providing locations for a variety of appropriate

employment uses will be maintained to accommodate the growth forecasts in

Schedule 3.

2.2.6.2 Municipalities will promote economic development and competitiveness by:

a) providing an appropriate mix of employment uses including industrial, commercial

and institutional uses to meet long-term needs;



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b) providing opportunities for a diversified economic base, including maintaining a

range of choice of suitable sites for employment uses which support a wide range

of economic activities and ancillary uses, and take into account the needs of

existing and future businesses;

c) planning for, protecting and preserving employment areas for current and future

uses; and

d) ensuring the necessary infrastructure is provided to support current and forecasted

employment needs.

2.2.6.9. Municipalities are encouraged to designate and preserve lands within settlement

areas in the vicinity of existing major highway interchanges, ports, rail yards and

airports as areas for manufacturing, warehousing, and associated retail, office and

ancillary facilities, where appropriate.

2.2.6.10 In planning for employment, municipalities will facilitate the development of transit-

supportive, compact built form and minimize surface parking.

The Growth Plan also provides a framework for infrastructure investments to optimize existing

infrastructure and future investments to serve growth to 2031 and beyond. Infrastructure

planning, land use planning, and infrastructure investment will be coordinated to implement the

Plan and includes transit, transportation corridors, water and wastewater systems, waste

management and community infrastructure (Section 3.2.1).

The development proposal is consistent with, and implements the policies of the Growth Plan by

promoting economic development and competitiveness through providing a range and mix of

employment related uses and ensuring that development is compact, utilizes existing and planned

investments in infrastructure and assists in achieving the Town‟s overall employment targets.



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Figure 4 - The Growth Plan – Approved Built Boundary (April 2008)

Figure 5 - Livable Oakville Schedule A2



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4.3 The Greenbelt Plan

In 2005, the Province established the Greenbelt Act and Plan, which now protect approximately

1.8 million hectares of environmentally sensitive and agricultural lands in the GGH from urban

development. The Subject Property is neither in the Greenbelt nor adjacent and is therefore not

subject to those policies.

4.4 Parkway Belt West Plan (Consolidated June 2008)

The Parkway Belt West Plan (PBWP) has four primary goals (Sec. 2):

1. The Identification of Urban Areas

2. Integration of the System of Urban Areas

3. Land Reserve and Future Flexibility

4. Linked Open Space Framework.

The northern boundary and the northeastern portion of the Subject Property fall within the

Parkway Belt West Planning Area specifically within the Oakville-Mississauga Mini-belt Link

(Map 7-2). The lands are designated Public Use Area – Electric Power Facility and Public Open

Space and Buffer Area.

Section 6.7.2 identifies the specific objectives of the Oakville-Mississauga mini-belt link, including:

g) Include the existing Ontario Hydro facilities, where possible

h) Minimize the number of transportation routes crossing this Link and connecting the Oakville

Urban Area to the Mississauga Urban Area

i) Provide for the Highway 403-Queen Elizabeth Way Link Highway

The PBWP is divided into two land use categories with designations within those categories. The

subject lands are located within the Public Use Area and are designated Electric Power Facility

and Public Open Space and Buffer Area. The applicable policies are noted below.

5.4 Public Use Area – The Public Use Area comprises areas presently used or to be

predominantly used in the future for public uses.

The Public Use Area consists of areas designated on the maps of the Plan as “Public Open

Space and Buffer Area”, “Utility”, “Electric Power Facility”, “Road”, and “Inter-urban Transit”.

The Province shall encourage inter-regional linear facilities to locate in these areas.

The permitted uses within the Public Use Area include the following:

5.4.1b) Linear Facilities

Linear transportation, communication, and utility facilities, including necessary accessory

facilities and installations such as interchanges, transit including stations, parking,



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maintenance/storage yards, transformer stations, and treatment plants that are part of the

linear distribution or collection networks

c) Public Open Space and Buffers

Public open space and buffers and uses incidental to them.

e) Other Public Uses

Other public uses of land, buildings, and structures, subject to the following conditions

i) All natural features are preserved to the maximum possible degree

ii) Buildings and structures have a very low lot coverage and are of limited

height and low mass appearance

iii) Buildings and structures are located in a manner that will secure an open-

space character of the area

iv) Landscaping and berms and provided where necessary to secure the

objectives of the Plan

v) Any other conditions required to attain the provisions of the Plan are

satisfied.

Consistent with the PBWP there are a number of hydro easements within the Subject Property as

previously discussed, however, there are no hydro transmission facilities currently within these

corridors. In addition, there are gas pipeline facilities that are consistent with the inter-regional

linear facilities mandate of the PBWP.

Section 4.2 states:

Where the boundaries of the lands use categories as shown on the maps appear to

coincide with such facilities as roads, railways, and electric transmission lines, it is

intended that the limits of the rights-of-way of such facilities be the land use boundaries. If

such rights of way are located along the edges of the area covered by the Plan, it is

intended that they be included in the Plan.

Therefore, based on the above policy, the East / West hydro corridor along the northern boundary

of the Subject Property and the South/East hydro corridor are the boundaries of the PBWP within

the Subject Property. As part of the development concept, a new road has been proposed within

the East/West hydro corridor. The South/East corridor has been set aside for future development;

however a portion of this area will be utilized for the road network to maintain the woodlot buffer

requirements of Conservation Halton.

In addition to the June 2008 PBWP Consolidation, the Ministry of Municipal Affairs and Housing

(MMAH) responded to an inquiry on June 1, 2011 and provided a review of the development

concept the MMAH noted that PBWP Amendment No. 199 further defined “Public Uses” as “uses

which include but are not limited to public open space, recreation, utilities, electric power facilities,

roads and inter-urban transit, and may be publicly or privately owned.” The MMAH letter notes

that the proposed road extension is permitted in accordance to the definition of „Public Uses‟ and

would therefore not conflict with the PBWP (Appendix E).



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The proposed development does not propose any new development within the remainder of the

PBWP lands except for the roadways proposed consisting of a portion of Street “A” and the road

connection of Street “B.” Local roads are permitted as a public use within the Parkway Belt West

Plan as a public use. For the remainder of the PBWP lands, no development is proposed at

present as they will remain as future development lands and as a result the policies of the

Parkway Belt West Plan will remain in effect on these lands.

4.5 Metrolinx Regional Transit Plan – The Big Move

The Metrolinx Regional Transit Plan (RTP) for the Greater Toronto Area, entitled „The Big Move‟

(Metrolinx, 2008) identifies ten key strategies (Section 4):

Strategy #:

1. Build a comprehensive Regional Rapid Transit Network

2. Enhance and Expand Active Transportation

3. Improve the Efficiency of the Road and Highway Network

4. Create an Ambitious Transportation Demand Management Program

5. Create a Customer-First Transportation System

6. Implement an Integrated Transit Fare System

7. Build Communities that are Pedestrian, Cycling and Transit-Supportive

8. Plan for Universal Access

9. Improve Goods Movement Within the GTHA and With Adjacent Regions

10. Commit to Continuous Improvement

Dundas Street and Hwy 403 are identified as Other Rapid Transit within the 15 year Plan for the

Regional Rapid Transit and Highway Network which is intended to accommodate higher order transit

facilities as proposed by Metrolinx, which may comprise Light Rail Transit, Bus Rapid Transit,

Automated Guided Transit, or other technologies.

The proposed Draft Plan implements the RTP‟s vision as presented in Section 2.0, those being

“a high quality of life; a thriving, sustainable and protected environment; and, a strong,

prosperous and competitive economy”.

4.6 Ministers Zoning Order 481/73

An MMAH review of the application noted that a Minister‟s Zoning Order applies to the Subject

Property that limit the permitted uses to agricultural and related uses. An application to revoke

the Minister‟s Zoning Order has been made to the MMAH (Appendix B).

4.7 Region of Halton Official Plan

The majority of the Subject Property are currently designated Urban Area in the Halton Region OP

with a portion of the northeast corner of the Subject Property located within the Parkway Belt Area.

Urban areas are areas where urban services can accommodate existing and future urban



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development and amenities. The range of permitted uses within the Urban Areas is to be determined

in accordance with Local Official Plans and Zoning By-laws.

The policies encourage higher density development and economic balance:

72.(2) 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;

77(11) Encourage the Local Municipalities to achieve, for development on vacant lands, maximum

densities permissible by their Local Official Plan and Zoning Bylaws, taking into account other

relevant policies and objectives of this Plan and the Local Plan.

168. The goal for economic development is to achieve sustainable economic prosperity for Halton

on the basis of the competitiveness of its human and natural resources, a positive business

environment, and a diversified economic base.

169.(9) To increase job opportunities and diversity for existing and future labour forces within Halton.

169.(10) To promote a greater match by type between employment and residential growth.

The proposed development conforms to the Halton Region Official Plan by accommodating

employment uses which provide for sustainable economic prosperity for the Region and

increased employment. There is sufficient infrastructure that has been planned and is being

implemented to accommodate this development.

4.7.1 Regional Official Plan Amendment No. 38 (ROPA 38)\

The Region has undertaken a comprehensive review of the Regional Official Plan (2006), which

incorporates the results of the Sustainable Halton process, through Regional Official Plan

Amendment (ROPA) 38. Regional Council adopted ROPA 38 on December 16, 2009, and on

October 27, 2010, the Ministry of Municipal Affairs and Housing (MMAH) released a partial draft

decision regarding ROPA 38, which included a series of modifications to ROPA policies and

mapping.

Map 1 (Regional Structure) of ROPA 38 identifies the lands as “Employment Area”.

The objectives of the Employment Areas are (Section 77.1):

(1) To ensure the availability of sufficient land for employment to accommodate forecasted

growth to support Halton’s and its Local Municipalities’ economic competitiveness.

(2) To provide, in conjunction with those employment uses within the residential and mixed

use areas of the communities, opportunities for a fully diversified economic base, including

maintaining a range and choice of suitable sites for employment uses which support a

wide range of economic activities and ancillary uses, and take into account the needs of

existing and future businesses.



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The development proposal supports and diversifies the economic base of the Region of Halton

and Town of Oakville through development of employment lands within a logical and appropriate

framework and location.

4.8 Town of Oakville Official Plan (Livable Oakville)

Livable Oakville was adopted by Council on June 22, 2009, approved with modifications by the

Region of Halton on November 30, 2009 and approved on May 10, 2011 by the Ontario

Municipal Board. Further modifications were approved by the Board on August 4, 2011. The

Plan is now in force except for five policies that are the subject of appeals before other panels of

the Board, and 13 outstanding site-specific appeals, as noted within the Plan.

The lands are designated as Business Employment, and the southern portion fronting on Upper

Middle Road is primarily designated as Business Commercial as shown on Figure 6. There are a

variety of policies that impact the Subject Property as described below.

Natural Features

The Natural Area designation identifies existing natural heritage systems, including such features

as wetlands and woodlands to ensure the long-term preservation of these existing systems. Two

natural features have been identified on Schedule J of the Livable Oakville Plan, a wetland along

the western boundary of the Subject Property and a woodlot around the Union Gas compressor

station. A third natural feature has been identified by the Conservation Authority through field

investigations, a wetland close to Upper Middle Road within the north-south Hydro corridor. As

required under Section 16.1 of the Plan an Environmental Impact Statement (EIS) has been

prepared by MMM Group Limited. The Conservation Authority and the Town have been involved

in the identification process and have provided their input to the required buffers.

Section 16.1.7 of the Plan outlines the wetlands policies which require a 30m buffer from the

boundary of the wetland for locally significant wetlands. Section 16.1.8 of the Plan outlines the

woodlands policies which require a 10m buffer for regionally significant woodlands. Both

sections of the Official Plan also include a policy that allows for the final width of the required

buffers to be established through an approved Environmental Impact Study. The Town may

consider reduced buffers based upon the existing context and the sensitivity of the features.

The Environmental Impact Study proposes a reduced buffer of 15m for the western wetland.

This is based on an analysis of the wetland feature. The Conservation Authority and Region of

Halton have been on site to review and establish the boundaries of these features. The proposed

development is consistent with the Natural Heritage policies and buffer requirements of the

Official Plan. A 20m buffer on the east side of the eastern wetland is being proposed and no

buffer to the west. Mitigation is to occur within the southern and eastern portion of the open

space block and is discussed in further detail in the Environmental Impact Study.



19

Figure 6 – Livable Oakville Land Use Schedule (J)

The protection of the natural heritage system is further addressed through the Environmental

Impact Study (EIS) prepared in support of the development applications. The MMM Group report

is discussed in further detail in the EIS section of this report.

Parkway Belt West

The Subject Property, as previously described, are located within the Parkway Belt West Plan.

Section 19.1.3 of the Town‟s Official Plan encourages the Province to continue to remove lands

subject the Parkway Belt West Plan from its jurisdiction. As the only proposed development

within the PBWP boundaries are roads that are permitted within the PBWP, the proposed

development is consistent with both the PBWP and the Town‟s Official Plan with respect to the

PBWP.

Employment

Section 3.4 of the Official Plan outlines the general objective of the employment areas.

The Employment designations provide for a mix of employment, office, supporting service

commercial uses and industrial uses. The employment areas are generally located on both

sides of the QEW and Highway 403.

Section 14.1.2 outlines a key policy of the Official Plan,



20

to provide a balance of population and employment in the Town in order to maximize the

opportunity for residents to work in Oakville, to maintain a healthy tax base, and complete

community.

Business Employment

The majority of the Subject Lands are designated Business Employment. Section 14.4 outlines

the goals and permitted uses for the Business Employment designation.

Business Employment areas are intended to provide for a wide range of business and industrial

uses. The uses in the Business Employment areas are intended to be predominantly within

enclosed buildings and provide for light and service industrial operations with minimal impacts on

the surrounding areas.

Permitted uses include:

offices, light industrial uses such as manufacturing, assembling, processing, fabricating,

repairing, warehousing, wholesaling, banquet halls, meeting halls and convention centres.

Training facilities and commercial schools may be permitted.

Accessory uses may also be permitted in conjunction with permitted light industrial uses.

Business Employment uses shall occur primarily within enclosed buildings.

Limited outdoor storage and display areas shall be adequately screened and may be

permitted through the implementing zoning.

Business Commercial

The southern portion of the Subject Property fronting onto Upper Middle Road are designated

Business Commercial. Section 14.6 outlines the goals and permitted uses.

Business Commercial areas provide for service commercial and convenience retail uses to

support the surrounding employment areas and the travelling public.

Permitted uses include:

hotels, training facilities and commercial schools, automobile related uses, automobile

sales, and convenience retail and service commercial uses, including restaurants. Offices

may also be permitted.

Convenience retail uses on sites designated Business Commercial shall not exceed 2,500

square metres in total floor area.

Special Use Provisions

A special provision has been included as part of the August 4, 2011 modifications as it relates to

the existing school at the northeast corner of Upper Middle Road and Ninth Line.

27.5.5 On the lands designated Business Commercial at the northeast corner of Upper Middle

Road and Ninth Line the following shall apply:



21

a) An expansion to the existing educational facility is permitted in accordance with the

existing zoning.

b) Any change to the zoning of the abutting lands shall recognize the existing educational

facility and the current setback regulations as provided for in the existing zoning.

As further discussed in the Zoning By-law section below, the Draft Plan does not propose any

changes to the zoning by-law and the school site is further buffered by the proposed stormwater

management facility.

Special Policy Areas

The Subject Property has also been identified, under section 26.5.1 of the Official Plan, as part of

an area requiring further study for potential future development. These areas should be

comprehensively studied to determine future land uses and policies. The comprehensive studies

should address servicing and infrastructure needs, including a detailed transportation needs

analysis, phasing of servicing and development and appropriate land uses.

The Subject Property is located adjacent to major utility and transportation infrastructure being

Provincial Highways 403 and the QEW. Provincial and Regional policy, as previously discussed

encourage that lands such as these be considered for employment uses. The Subject Property

are designated and zoned for Employment by the Town of Oakville as employment lands

represent an appropriate development approach in these circumstances. The proposed Draft

Plan of Subdivision is consistent with this land use development objective.

A Functional Servicing Report (FSR), a Traffic Impact Study (TIS), and an Environmental Impact

Study (EIS) have been prepared that address development approval requirements identified as

part of the pre-consultation meeting, as modified, with the Town of Oakville, Region of Halton and

Conservation Halton.

As part of the application submission, an EIS is provided that addresses potential impacts on

natural heritage features and required buffers on site. The existing features on site being a

woodlot and two wetlands will be maintained, and recommendations will be implemented to

ensure that development occurs in an appropriate manner.

In addition, as part of the application submission a FSR has been completed connecting the lands

to the existing and planned services in the area. In conjunction with the FSR, a stormwater

management report is submitted with the application which addresses the stormwater

management for the proposed development including maintaining pre-development flows off site,

water quality and erosion control. The area can be developed in a reasonable servicing fashion,

where appropriate provision has been made to service lands north of the Subject Property.

Lastly a Traffic Impact Study is being submitted that addresses the impacts of the proposed

development on the boundary roadway intersections in the vicinity of the Subject Property and

provides a detailed transportation analysis. The existing traffic conditions for the surrounding



22

area operate at a reduced level of service during peak periods and this will continue as a result

of background traffic growth regardless of whether development occurs. The proposed

development, however, has only a marginal increase on traffic volumes.

4.9 Comprehensive Zoning By-law 1984-063 (2008 Consolidation)

The majority of the Subject Property is zoned Light Employment (E1), the lands fronting onto

Upper Middle Road are zoned Arterial Commercial (C3A), and lands within the Parkway Belt are

zoned Parkway Belt Public Use (O5) (Figure 7).

Figure 7 – Zoning By-law Schedule

The following provide a brief overview of the permitted uses and standards associated with these

zones.

Part IV.1 – Employment Zones

The E1 Zone permits the development of administrative offices, business and professional offices,

daycares, financial institutions, hotels, light industrial operations, medical offices, service

establishment-employment, restaurants and vehicle dealership. Appendix D includes the

complete list of permitted uses.

The C3A Zone permits the development of commercial schools, day nurseries, professional or

business offices and limited retail uses. Appendix D includes the complete list of permitted uses.



23

The 05 Zone permits the development of schools, group homes and office uses. Appendix D

includes the complete list of permitted uses.

A Special Provision in the Zoning By-law applies to a portion of the Subject Property; this zoning

provision applies to lands around the existing school at Ninth Line and Upper Middle Road and

regulates restaurants and automobile related uses on adjacent properties. The lands subject to

this provision are proposed to be utilized for the Stormwater Management Facility.

The lands immediately to the west of the Subject Property are also zoned employment (E1)

though residential units exist today; however, the Town anticipates these lands to be included as

employment lands within the Winston Park West Area. The school block at the northeast corner of

Upper Middle Road and Ninth Line is also permitted within the zoning by-law, however, this use is

anticipated to remain.

The uses contemplated and development standards for this development proposal are wholly

within the permitted uses of the zoning by-law, therefore an application to rezone the lands is not

required.



24

5.0 SUPPORTING STUDIES

This section summarizes the findings and recommendations from the background and supporting

technical studies undertaken in support of the proposed Draft Plan of Subdivision.

5.1 Noise Assessment

As part of the pre-consultation meeting with the Town and Regional staff, an evaluation of the

proposed development using the Ministry of the Environment D6 Guidelines was requested. A

Noise Assessment was prepared by MMM Group Limited=in response to this request as it was

subsequently determined that a full Noise Study will not be required.

It was determined that there are no significant elevated noise sensitive areas and as such, most

on site noise sources will be sufficiently mitigated though the incorporation of onsite acoustical

barriers and screening. The noise impacts along with appropriate noise mitigation measures for

the individual parcel sites will be addressed during the site plan application process as part of the

development and approvals process for individual parcels.

5.2 Traffic Impact Study

A Traffic Impact Study (TIS) has been undertaken by MMM Group Limited to address the

impacts of the proposed development on the boundary roadway intersections of the Subject

Property. In addition, upon request of the Town of Oakville and the Region of Halton,

development projects were applied to lands north of the Subject Property (referred to as Phase

2) to determine traffic impacts from development of lands north of the subject site to ensure the

road network could accommodate potential traffic impacts in the future.

The traffic study looked at the existing traffic situation which already exhibits inadequate Level of

Service at several intersections in the Study Area. Planned road improvements facilitate

adequate levels of service, however, these decline over time regardless of whether development

takes place on the Subject Property.

Development of the Subject Property can be accommodated with the access points proposed.

The traffic from the proposed development results in a marginal increase to intersection delays

and volume to capacity ratios at existing intersections. Development of lands north of the

Subject Property will require additional transportation infrastructure, however that infrastructure

is not required for the development of the Subject Property.



25

5.3 Environmental Impact Study

An Environment Impact Study (EIS) has been prepared by MMM Group Limited. The purpose of

the EIS is to characterize and provide an analysis of the natural heritage features and functions

and to determine and address the potential impacts of the proposed development application.

Two regulated non-provincially significant wetlands and a woodlot have been identified on the

Subject Property. All features were staked and the requisite buffer of 10m was applied to the

woodlot and 15m was applied to the western wetland. A buffer is not proposed along the western

side of the eastern wetland resulting in a minor encroachment, however, to mitigate this effect a

20m buffer on the east side is proposed. To provide for further mitigation, the area to the south of

the wetland has been identified for enhancement.

The surface water and groundwater management in the post development condition will ensure

that the hydrologic regime of the wetlands and drainage features will be maintained which will be

development in the next stage of design. The majority of the species found at the site are

common to the type of habitat present and it is anticipated that the barn swallow will continue to

use the site. The EIS concludes that development should proceed with minor residual impact to

the natural habitats and species found at the site.

5.4 Functional Servicing Report/ Stormwater Management Report

A Functional Servicing Report has been prepared by MMM Group Limited for the Subject

Property. This report identifies servicing requirements related to sanitary, water, stormwater,

roads and site grading and provides an analysis of the servicing options for the Subject Property.

Based upon existing facilities and planned improvements the Subject Property can be serviced

for development

The size and location of the proposed Stormwater Management pond are a result of the

topography and the Regional Storm considerations. The proposed location at the southwest

corner of the site is appropriate as this area is the lowest area of the Subject Property. Regional

Storm considerations are the key factor in determining the overall pond block size. The drainage

area north of the Subject Property can be addressed through their own stormwater management

requirements should they choose to develop, it is noted that most of that drainage area is

contained within a Hydro corridor and the PBWP and are not being considered for development

in the foreseeable future.

5.5 Arborist Report

An Arborist Report has been prepared by MMM Group Limited to provide a tree inventory and

assess the health of trees on the Subject Property. No significant or endangered tree species

were identified. The majority of trees identified were in good condition; however construction and

grading changes will impact many of these trees requiring removal and compensation in



26

appropriate areas. The protection of the woodlot on site will ensure the most valuable trees are

preserved.

5.6 Archaeological Assessment

A stage 1 archeological assessment has been completed by Golder Associates on September 1,

2011 for the Subject Property and has been submitted to the Minister of Tourism and Culture.

The Report indicates that the study area consists primarily of agricultural fields, bush lot,

manicured lawn, areas of previous disturbance and poorly drained areas. The report

recommends that a Stage 2 be completed prior to any ground disturbance activity and therefore

remains subject to Section 489(1) of the Ontario Heritage Act.

5.7 Phase 1 Environmental Site Assessment

A Phase I Environmental Site Assessment (ESA), September 14, 2011, was completed by

Terrapex Environmental Ltd. for the Subject Property. The Report concludes that numerous

Areas of Potential Environmental Concern are present at the site due to storage of fertilizers and

pesticides/herbicides, as well as storage of petroleum products. Therefore a Phase II ESA is

required in order to file a Record of Site Condition.

5.8 Hydrogeological Study

A hydrogeological study was completed by Norbert M. Woerns M.Sc., P.Geo. on February 26,

2008. The study recommends that groundwater level monitoring occur on a quarterly basis to

establish baseline information and that control of surface runoff should be addressed through a

stormwater management plan. A stormwater management plan has been included as part of the

application submission. The Conservation Authority has been consulted to confirm the required

scope of work to update the hydrogeological report.



27

6.0 DRAFT PLAN OF SUBDIVISION

A Draft Plan of Subdivision is proposed to implement the policy direction and land use planning

framework for the Subject Property.

Figure 8 illustrates the proposed Draft Plan of Subdivision for the Subject Property. The Draft

Plan supports the creation of an employment area in accordance with the Region‟s and Town‟s

land use and planning directions for the Winston Park West Area.

The Draft Plan of Subdivision is comprised of a series of medium sized employment blocks,

which may be further subdivided at a later stage, once the specific needs and land use

requirements of the employment users have been identified. This may occur through part-lot

control or severance, which may be undertaken concurrently with the preparation and

submission of detailed Site Plan applications for these blocks. As a result of the limitations and

buffer requirements posed by the easements and pipelines (as described in section 2.1), the

proposed draft plan of subdivision represents the best use for the Subject Property.

The Draft Plan of Subdivision outlines the proposed natural heritage and woodlot which has been

refined based upon the EIS. The layout and road pattern through the Subject Property

encourages accessibility and addresses the traffic needs for the area. The primary road access

is accommodated from Upper Middle Road north through the property then east-west along the

hydro easement to Ninth Line. The industrial collector road is 26.0m wide, which is consistent

with the Official Plan.

The primary road access to the Subject Property is accommodated from Upper Middle Road with

a new collector road through the lands adjacent to the west side of the Hydro corridor,

connecting to an east-west collector road, accessed from Ninth Line, at the north end of the

Subject Site. The intersection at Ninth Line is proposed to be a full movement intersection while

Upper Middle Road is right-in right-out with an opportunity to develop as a full movement

intersection in the future. A Highway 403 widening of 30 metres is provided abutting

development blocks (Block 11). This does not extend into the Future Development blocks as

these will continue to be owned by the Province subsequent to development approvals.

Easements within the Plan of Subdivision will generally continue to apply to the Subject Property

post development approval. A 5.0 metre buffer is proposed south of Street B to facilitate the

request of Hydro One to provide for a minimum 5.0 metre easement in their favour for future

hydro facilities if necessary (Blocks 15, 9 and portion of 14). Providing this easement on the

south side allows for the lands north of Street B to be potentially available for development in the

future. Block 9 is a Utilities Block located between the Union Gas Compressor Station and Street

“B”. Access over this Block will be provided to the Union Gas Compressor Station either through

an easement in favour of Union Gas or other appropriate means. Lands north of Street B will

continued to be owned by the Province.



28

Access across the Enbridge Pipeline easement (easement number 4) to the adjacent

development blocks will be determined at the site plan approval stage of each development

block. Driveway access can be accommodated across the pipeline but no development or

parking will occur on the pipeline. No development is proposed on the easement blocks and

limited crossings are proposed through those blocks.

Figure 8 – Draft Plan of Subdivision



29

7.0 PLANNING OPINION

Having considered the development proposal thoroughly in the context of all applicable policies,

it is my professional opinion that the development represents good and sound community

planning and conforms to and implements the goals, objectives and policies of the Provincial

Policy Statement, the Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan,

and the Livable Oakville Plan. The proposed draft plan of subdivision application is justified and

represents good planning for the following reasons:

1. The proposed development makes efficient use of existing and planned infrastructure,

including planned investments in roads, and servicing infrastructure.

2. The proposal makes efficient use of land and resources and accommodates the planned

employment uses which provide convenient access to major highways and is compatible

with surrounding development.

3. The proposal accommodates a range of employment uses, which supports the economic

development objectives and employment needs and forecasts for the Town and Region.

4. The proposal provides for the orderly growth and development of the adjacent lands as

demonstrated through the concept plan and supporting studies, including the EIS and

FSR.

5. The road pattern provides for the efficient movement of people and goods.

6. The natural heritage and open space system is maintained and enhanced through

appropriate buffers, setbacks and natural heritage enhancements.

7. Implements the employment district policies through the addition of employment lands to

the Town‟s inventory.

Conclusion

The proposed Draft Plan application is appropriate in design and represents good planning.

AP

PE

ND

IX A

AP

PE

ND

IX B

August 15, 2011 Ms. Karen Ho Ministry of Municipal Affairs and Housing Municipal Services Office – Central Ontario 777 Bay Street, 2nd Floor Toronto ON M5G 2E5 Dear Ms. Ho: RE: Application to Revoke a Minister’s Zoning Order, Ontario Regulation 481/73

Lands located north of Upper Middle Road, east of Ninth Line and west of Highway 403 (approx. 92 acres) Part of Lots 4 and 5, Concession 1, South of Dundas Street, Town of Oakville, Region of Halton

Our File No. D61101 In accordance with the Ontario Planning and Development Act, 1994, please find attached an application to revoke the above noted Minister’s Zoning Order (MZO) for the subject lands. Summary The subject lands, which are outlined in red on the attached sketch, are located within the Winston Park West Employment area in the Town of Oakville. The subject lands include portions of inactive east-west and north-south hydro corridors which are designated ‘Electric Power Facility’ in the Parkway Belt West Plan (see attached site map). There are currently no hydro transmission facilities within these corridors. The east-west hydro corridor on the north portion of the site, and the corresponding Parkway Belt designation, terminates to the west of the subject lands, where there is now significant residential development. With the exception of one residential dwelling, the balance of the subject lands is vacant with some wooded and wetland areas. A 26-metre wide east-west access road is proposed within the inactive east-west hydro corridor, which will provide access to a proposed industrial subdivision to the south of which Infrastructure Ontario (IO) is a co-proponent. The proposed road is shown in purple on the attached concept plan. This road will provide access to the site from Ninth Line, which is essential to allowing the site to be developed to its optimal use. A draft plan of subdivision is currently being prepared by IO and will be submitted to the Town of Oakville for approval in the coming months. The draft plan does not include the eastern portion of the subject lands or the north-south hydro corridor, although these lands may be considered for development in the future. Since the MZO permits only agriculture-related uses, its revocation is required in order to permit the access road and proposed industrial development. For the east-west hydro

2

corridor, this revocation is appropriate given that the proposed access road will not negatively impact the corridor or preclude future linear infrastructure uses, should they ever be contemplated on the lands. Hydro One is currently conducting a technical review of the proposal and, once this is complete, the road will be built to Hydro One’s technical specifications. The policies of the Parkway Belt West Plan as defined in Section 5 and 6 of the Plan will remain in effect on both the east-west and north-south hydro corridors, thereby protecting them for future linear uses and rendering the MZO redundant. For the balance of the lands, the revocation is also appropriate given that the lands are no longer used for agriculture or reserved for linear infrastructure by the Parkway Belt West Plan. As discussed in further detail below, the access road and subsequent development of the lands to the south for employment uses will support and comply with provincial land use planning interests as outlined in the Provincial Policy Statement (PPS) and the Growth Plan for the Greater Golden Horseshoe and will be in keeping with the Town of Oakville’s municipal policy framework. Site Context

• North – open space and drive-in movie theatre • South – Upper Middle Road, low density residential • West – low density residential, Ninth Line • East – Highway 403

Provincial Framework The MZO (O. Reg. 481/73) was made under the Parkway Belt Planning and Development Act, 1973 (now the Ontario Planning and Development Act, 1994) to protect for implementation of the Parkway Belt West Plan (PBWP). The hydro corridor lands were subsequently designated “Electric Power Facility” within the Public Use Area on Map 7 -Oakville-Mississauga Mini-Belt of the PBWP. Despite this designation, the lands are currently not used for electricity transmission. Over time, the lands to the west of the subject lands were developed for residential uses resulting in fragmentation of the east-west corridor. Should Hydro One grant its technical approval for the proposed access road, it would be subject to any design, construction, and/or operational conditions required by Hydro One to ensure protection of any future linear transmission infrastructure. There is also an easement in favour of Hydro One on the lands, which further protects their interests (all utility easements are shown on the attached concept plan). Revoking the MZO would also facilitate future development of the employment lands on the balance of the site, as per the Official Plan policies related to the Winston Park West Employment area. These lands were never designated by the Parkway Belt West Plan and are therefore not protected for linear infrastructure uses. Urban development of these lands would support and comply with provincial land use planning interests as outlined in the PPS and the Growth Plan for the Greater Golden Horseshoe.

3

With respect to the PPS, the following policies are particularly relevant:

• Promoting efficient development and land use patterns which sustain the financial well-being of the Province and the municipalities…(1.1.1 a));

• Providing for an appropriate mix and range of employment to meet long-term needs (1.3.1 a));

• Providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses (1.3.1 b));

• Planning for, protecting and preserving employment areas for current and future uses (1.3.1 c));

• Ensuring the necessary infrastructure is provided to support current and projected needs (1.3.1 d));

• Promoting the efficient use of existing municipal sewage facilities and municipal water services (1.6.4.1 a)); and

• Efficiently using existing transportation infrastructure. (1.6.5.2). With respect to the Growth Plan for the Greater Golden Horseshoe, the following policies are particularly relevant:

• Maintaining an adequate supply of and protecting employment lands (2.2.6) • Providing for an appropriate mix of employment uses including industrial,

commercial and institutional uses to meet long-term needs (2.2.6.2 a)); and • Providing opportunities for a diversified economic base, including maintaining a

range of choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses. (2.2.6.1 b)).

Municipal Policy Framework The subject lands are part of the “Urban System” in the Region of Halton Official Plan (ROP). The hydro corridor lands on the north portion of the site are designated “Parkway Belt” in the Town of Oakville Official Plan (OP). The remaining lands to the south are designated “Business Employment”, with small portions designated “Natural Area”. The entire site is part of the Winston Park West Employment Area in the Oakville OP. Municipal Regulatory Framework The Town of Oakville Zoning By-law No.1984-063 zones the majority of the lands “Employment 1” (E1), which permits a variety of employment and associated uses. The unoccupied north-south hydro corridor is zoned “Parkway Belt Public Use (O5)”, which permits public uses and recreational uses. Conclusion IO is currently working with a land use planning consultant to prepare for submission of an application for the necessary municipal planning approvals for the subject lands. The proposed access road on the subject lands represents an integral part of this land use concept and it is our intent to proceed with the necessary municipal planning

4

applications concurrent with circulation and decision making by MMAH of this revocation request. IO is also in the process of preparing a Functional Servicing Report for the lands, which will be provided to MMAH, if required, as soon as it is available. In support of our application, please find enclosed five (5) copies of the following materials:

1. Completed Minister’s Zoning Order Amendment Application form; 2. Aerial image showing property and building boundaries and dimensions, road

locations and names, and lot and concession (Pt of Lots 4 and 5, Con 1, SDS); 3. Aerial image showing property boundaries and Parkway Belt West Plan

designations; 4. Concept plan showing the location of the proposed road layout and existing utility

easements; 5. Draft survey plan; and 6. Map extracts from the Parkway Belt West Plan, Region of Halton Official Plan,

Town of Oakville Official Plan and Zoning By-law No. 1984-063.

A cheque for $450.00 made payable to the Minister of Finance was previously submitted to your attention. Kindly confirm receipt of this application. Please contact the undersigned at 416-327-8018 or [email protected] should you have any questions or require additional information. Yours truly,

Jordan Erasmus, MCIP, RPP Planner Encl. c. Michael Cole, IO Geoff Woods, IO

Ontario Application to Amend or Revoke aMinister's Zoning Order

Under Section 47 of the Planning ActMandatory information is indicated by the black arrow

Ministry ofMunicipal Affairs and iHousing

1. Application information Instruntlons

1.1First Name of owner 1

[Her Majesty the Queen in Right of Ontario as

Last name of owner 1

Represented by the Minister of Infrastructure

Home telephone no.

First Name of owner 2 .ast name of owner 2 Business telephone no.

[(MOI), c/o Infrastructure Ontario (IP)

Company name (if applicable): City

Address Postal code Prov Fax no.

ION

E-mail address

1.2 Agent/Applicant: Name of the person who is to be contacted about the application, if different from the owner.(This may be a person or firm acting on behalf of the owner.)

First Name of contact personirs]

Elordan

I Last Name of contact person

[Erasmus

Company name (if applicable): City

[infrastructure Ontario (formerly Ontario Realty Corporation) bronto

Home telephone no.

Business telephone no.

[(416)327-8018

Address Postal code Prov Fax no.

tw, Suite 2000 [lV15G2L5 [(416)212-1131

E-mail address |[email protected]

2. Description/Location of the Subject Land (complete applicable boxes in section 2.1)

2.1Upper-tier/DistrictjHalton Region

Municipalitv (unorganized area select District

EakvilleFormer municipality

Geographic township Geographic township in territory without municipal organization Section or mining locationNo.l'" ^^-—u-^-u^^-

Concession number(s)

|l,SDS

Lot riumberjs)^

[Part Lots 4 and 5

Registered plan no. -ot(s) / Block(s) number

Reference plan no. Part number(s) Parcel number(s) Name of street / road street no.

[East of Ninth Line

2.2 Are there any easements or restrictive covenants affecting the subject land? © Yes

If ves. describe each easement or covenant and its effect. Use a separate page if necessarv.

Union Gas easement, Trans-Canada Pipeline easement, and Hydro One easement (see attached sketch)

3. Purpose of Application

3.1

3.2

Is this application to: Q Amend or QRevoke a Minister's zoning order?

What is the regulation number of the zoning order to be amended or revoked? |O. Reg. 481/73

3.3 Why is this application being made to amend or revoke the zoning order?

To permit an access road and proposed employment development. The access road will service the proposed

development to the south. Please refer to attached cover letter for more information

December 2007 Page 1

> 3.4

3.5

>• 3.6

What is the present zoning of the subject land in the zoning order or in any municipal or planning board zoning by-law?

El (Employment 1) and Parkway Belt Public Use (05)

What uses are permitted by the present zoning of the subject land in the zoning order or in any municipal or planning boardEnincL^y-law?

nployment uses and public uses

if the application is to amend a zoning order, what is the proposed zoning for the subject land?

Local zoning will not change

4. Designation of Land

>• 4.1 What is the current official plan designation(s), if any, of the subject land in the applicable official plan?

Sinqie-tier I

Lower-tier [Business Employment and Parkway Belt

UDoer-tier [Urban Area

Planning board I

5. Provincial Pians

^ 5.1

»• 5.2

is the subject land covered by a provinciai plan(s), such as the Oak Ridges iVIoraine Conservation Pian, the Greenbelt Plan, the GrowthPlan for the Greater Golden Horseshoe, the Niagara Escarpment Plan, the Parkway Belt West Plan, the Central Pickering DevelopmentPlan or any other provincial plan?

©Yes 0^° If yes, specify the applicable provincial plan(s) and the current designation(s) of the subject land(s).

Parkway Belt West Plan (Electric Power Facility); Growth Plan. Please refer to attached cover letter.

If yes to 5.1 above, and the subject land for the proposal is located within an area of land designated in a provinciai pian, does therequest conform/not confiict with the policies contained in the applicable provincial plan?

©Yes Q No If yes, please expiain.

Proposed uses do not conflict with policies of Parkway Belt West Plan and will support policies of Growth Plan relatedto Employment. Please refer to attached cover letter.


6. Existing and Proposed Uses

> 6.1

>• 6.2

>• 6.3

^ 6.4

What is the existing use of the subject land?

1 residential dwelling; agriculture; vacant corridor/open space and access driveway to Union Gas compression statiorca

Are there existing buildings or structures on the subject land?(•) Yes Q No If yes, complete, in metric units, the table below for each type of building or structure.

Type of building or structure

1 [residential dwelling (single detached)

2. 1

Front lot line

„ tb cic'- ^' ' ^ metresfrom

2 1 metres

Rear lot linel|825 ^p, ^^

2 1 1 metrfis

Dimensions or floor area of building or

1 |i7 1 metres x l^^ 1 metres

2 1 1 metres x | | metres

Side lot line

1 V ^ metres

2. 1 1 metres

Height of building or structure

1. |6 1 metres

2. 1 |_metres

Side lot line [ofsposite side)

1. [70

2 . 1

metres

metres

What is the proposed use of the subject land?

Access road within east-west corridor; industrial subdivision (industrial/employment uses) on non-corridor lands

Are buildings or structures proposed to be built on the subject land?

O Yes ©No If yes, complete, in metric units, the table below for each type of building or structure.

Type of building or structure

1

1

Front lot line

r- .. 1^ 1 1 metres

from

Number of parking

1 1 1

, 1

Rear lot line

lL. ^^ mfitrRS

2.1 1 metres

Dimensions or floor area of building orstrlCIUre '1 1" 11 1 1 mptrB!; y | ,,| mptrps

2. I 1 metres x 1 1 metres

Side lot line

1 1 metres

9 1 1 mntrp.:1

Height of building or structure

1 1

2 _f

metres

J metres

Side lot line [opposite side)

1 . 1

2 1

metres

metres

7. Provincial Poiicy Statement

>• 7.1

7.2

Is the proposal consistent with the Provincial Poiicy Statement (PPS) issued under subsection 3 (1 ) of the Planning Act?

©Yes ONO

Explain how the application is consistent with the PPS. Use the checklist in Tabie A to indicate consistency with the PPS.Attach a separate page, if necessary.

Please refer to attached cover letter.

December 2007 Pages

7.3 Table A is a checklist (not a substitute for the Provindai Policy Statement) to assist in identifying areas of provincial interest that may applyto your application.

Please fill in the appropriate rows in Table A, if any apply.

Table A - Features Checklist

Use or feature

Cultural heritage and archaeological resources

Agricultural operation, including livestock facility or stockyard

Landfill site (closed or active)

Sewage treatment plant or waste stabilization plant

Provincially significant wetlands within 120 m of the subject land

Sensitive surface water features and sensitive groundwater features

Significant coastal wetlands

Use or Feature

Fish habitat

Significant woodlands and valleylands south and east of the CanadianShield; significant wildlife habitat; significant habitat of endangered speciesand threatened species; and significant areas of natural and scientificinterest

Flood plain

Erosion hazards

Rehabilitated or an abandoned mine site, or mine hazards or former miningoperations

An operating mine site or a non-operating mine site within 1000 m of thesubject land

Mineral aggregate operation

Provincial highway, including designated future ones

Active railway line

Municipal or federal airport

Electricity generating station, hydro transformer, railway yard, etc.

Utility corridors

Contaminated sites

Crown land (identified by Ministry of Natural Resources as being of specialinterests, such as lake access points)

On thesubject land

D

Bnnnnn

On thesubject land

nm

nnn

nnnnnnE

nn

Within 500 metres of subject land,unless otherwise specified

(indicate approximate distance inmetres)

fgffflg;———gg

SS^SS^SSSSfSS^SS

Within 500 metres of subject land,unless otherwise specified

(indicate approximate distance inmetre)

20

iiiiii m-^—^

II

••I MMM^ B ^mH*


8. Servicing

8.1 Indicate in a) and b) below the proposed type of servicing for the subject land. Select the appropriate type of servicing from Table B

>• a) Indicate the proposed type of sewage disposal system - whether sewage disposal will be provided to the subject land by a publiclyowned and operated sanitary sewage system, a privately owned and operated individual or communal septic system, a privy or othermeans.

public Services |

^ b) Indicate the proposed type of water supply system -whether water will be provided to the subject land by a publicly owned and operatedpiped water system, a privately owned and operated individual or communal well, a lake or other water body or other means.

public Services

Hauled Sewage8.2 If development is proposed on a privately owned and operated individual or communal septic system, provide confirmation that there is

adequate reserve sewage treatment capacity for hauled sewage (septage) resulting from the proposed request. Refer to Table B below.

Tabie B - Sewage Disposal and Water Supply

Type of Servicing

SewageDisposal

HauledSewage

WaterSupply

a) Publicly owned andoperated sanitarysewage system

b) Public communalseptic

c) Privately owned andoperated individualseptic system

d) Privately owned andoperated communalseptic system

e) Privy

f) Other

a) Public piped watersystem

b) Privately owned andoperated individualwall

c) Privately owned andoperated communalwell

d) Lake

e) Other water body

f) Other means

Reports/Information Needed

Applicants must provide evidence in their application that there is municipal confirmation of sufficientuncommitted reserve sewage system capacity to service the proposed request.

Development generating effluent of more than 4,500 litres per day needs a servicing options andhydrogeological report.

If the requested change would permit development on individual or communal septic system and more than4,500 litres of effluent would be produced per day as a result of the development being completed, aservicing options raportand a hydrogeological report would be required.

If the requested change would produce permit development that would produce effluent less than 4,500 litresper day, a hydrogeological report may be needed.

Provide details on location and size of out-houses.

Please describe.

If development is proposed on privately owned and operated individual or communal septic systems, theapplicant must provide evidence in the application showing either:

i) municipal confirmation of sufficient uncommitted reserve sewage system capacity for treatment ofseptage resulting from the proposal; OR

ii) confirmation (i.e., letter) from a commercial enterprise (private provider) for hauled sewage (septaga)indicating that capacity is available to accommodate the specific proposal.

Applicants must provide evidence in their application that there is municipal confirmation of sufficient reservewater system capacity to service the proposed request.

Development on a communal or individual well system may need a servicing options report and ahydrogeological report.

Non-residential development on a communal well system may need a hydrogeological report.

A Permit to Take Water may be required. Contact your regional MSO for guidance.

Servicing options report is required.

Please describe.

December 2007 Pages

Requirement:

Notes:

A buiiding permit is required for septic systems under Part 8 of the Building Code. Contact the relevant local health unit, or area conservationauthority for advice/more information. A Certificate of Approval is required from Ministry of the Environment (MOE) for sewage systemsgenerating more than 10,000 liters of effiuent per day. Contact your regional MOE office.

• To facilitate review of the application a letter is needed from the municipality concurring with the recommendations in the ServicingOptions Report.

• Before undertaking a hydrogeoiogical report, consult with the Ministry of iVlunicipai Affairs and Housing about the type of assessmentrequired given the nature and location of the proposal.

• Where communal services are proposed (water and/or sewage), ownership of these services must be assumed by the municipality orpublic body through a signed letter of acceptance.

• To facilitate review of the application, submit with the application a letter from the local Health Unit indicating that the site is developableand couid accommodate the proposed development.

• Permit to Take Water under section 34 of the Ontario Water Resources Act must be obtained from the Ministry of the Environment forwater taking of more than 50,000 litres of surface or ground water per day.

9. Access

9.1 The proposed road access would be by: punicipai road maintained all year

9.2 Additionai details on "other public road" and "right of way"Would proposed road access be by: i

J

9.3 if access to the subject land is by "other public road", "right of way" or private road, indicate:

i) the owner of the land or road I

ii) who is responsible for maintenance |

iii) whether maintenance is seasonal or year round I

Access by right of way and/or private road is not usually permitted, except as part of a condominium.

9.4 Is water access ONLY proposed? )No

if yes, on a separate page, describe the parking and docking facilities to be used, the approximate distance of these facilities from

the subject land and the nearest public road access. ^Attached

You may be required to provide a letter from the owner(s) of a commercially operated parking and docking facility indicating that there isavailable capacity to accommodate your specific proposal.

10. Proposed Waste Disposal

10.1Garbage disposal is proposed to be by: parbage collection

10.2 Other Services Please indicate the other services that are available and the provider(s) of these services.Services

n Electricity

O School Bussing

n other

Provider(s)

10.3The proposed stormwater drainage would be by: I

11. Previous Applications for the Subject Land

11.1 Is this application a re-submission of a previous application to amend or revoke a Minister's zoning order?

®No O-Jnknown If yes and if known, describe how it has been changed from the original application.


11.2 Has the subject land ever been the subject of an application for approval of a plan of subdivision/condominium or consent under the PlanningAct7

Yes ©No O Unknown If yes and if known, provide the file number and the decision made on the application.

12. Other Current Planning Applications

12.1Is the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted for approval?

Oves ©No

If yes, indicate the approval authority, file number and status of the application

12.2 Is the subject land the subject of a proposed amendment to a provincial plan(s)? Oves ©NoIf yes, what is the applicable provincial plan(s) and specify the file number and status of the application.

12.3 Is the subject land the subject of an application for a consent or approval of a plan of subdivision/condominium?

Yes ONO If yes and if known, indicate the file number and status of the application.

Application for approval of plan of subdivision is currently being prepared by lO, but has not yet been submitted.

13. Sketch: To help you prepare the sketch, use the sketch sheet attached or attach a separate page.Refer to the Sample Sketch provided.

13.1 The application shall be accompanied by a sketch showing, in metric units, the following:

• the boundaries and dimensions of the subject land;

• the location, size and type of all existing and proposed buildings and structures on the subject land, including their setback from thefront lot line, rear lot line, side lot line and opposite side lot line;

• the boundaries and dimensions of any land abutting the subject land that is owned by the owner of the subject land;

• the approximate distance between the subject land and the nearest township lot line or landmark, such as a raiiway crossing orbridge;

• the approximate location of all natural and artificial features on the subject land and adjacent lands that, in the opinion of theapplicant, may affect the application, such as buildings, railways, roads, watercourses, drainage ditches, river or stream banks,wetiands, wooded areas, wells and septic tanks;

• the existing use(s) on land that is adjacent to the subject land;

• the location, width and name of any road within or abutting the subject land, indicating whether it is an unopened road allowance, apublicly travelled road, a private road or a right of way;

• if access to the subject land is by water only, the location of the parking and boat docking facilities to be used; the location andnature of any easement affecting the subject land.

14. Other Information


14.1 Is there any other information that may be useful to the ministry in reviewing this application?If so, explain below or attach on a separate page.

Please see attached cover letter.

15. Affidavit or Sworn Declaration

il /VfJTi:)fJ ?ovA-sn\<'- 0Mjmo^

in the province of lontario rr

ff^^^lcity of Toronto

(municipality)lake oath and say (or solemnly declare) that the information

required under Ontario Regulation 546/06, and provided by the applicant in this application is accurate, and that the informationcontained in the documents that accompany this application is accurate.

Sworn (or declared) before me at the 1 C iT^ C^ T"^ ON 173

P(-0\/iN:.& OF O^^^AiiO Ithisl ':U.. .csr: . -^—^ •y

Commissioner of Oaths ^''/'/'

[ •" rA:U CU> ^ 9n|l

MM^' Applicant

in the

1

16. Consent of the Applicant

(Complete the consent of the applicant concerning personal information set out below)

Consent of the Applicant to the Use and Disclosure of Personal Information

For the purposes of the Freedom of Information and Protection of Privacy Act.

,n~H,if)M, ' O'-lASOj^ authorize and consentany personal information that is collected under the authority of!application. /

ito the use by or the disclosure to any person or public body ofthe Planning Act for the purposes of processing this

Date Signature df Applicant

17. Submission of application

> 17.1 Date aoDlication is made: 1 AuOHAST llz?|2Li)(l Submit

17.2 The ministry will assign a file number to your application and this should be used in all future communications regarding theapplication with the ministry.


134m

70m

825m

560m

60m

300m

160m

820m

100m

300m

1000m

Residential 1

HIGHWAY 403

NINTH LINE

BRISTOL CIRCLE

FORD DRIVE

QU

EE

N E

LIZAB

ETH

WAY

PLYMOUTH

DRIV

E

UPPER

MID

DLE R

OAD E

AST

BUCKINGHAM ROAD

COVENTR

Y ROAD

LOT 5

LOT 3

LOT 6

LOT 5

LOT 2

LOT 4

LOT 7

LOT 6

LOT 3

LOT 4

LOT 1

0 240 480120

Meters

Legend

Provincial (MOI) Ownership

Subject Lands (Part of Lots 4 and 5,Con 1, South of Dundas Street)

D61101 Oakville - Winston Park West

D61101_Parcels E1 to E3_Nov 2010_V3d.mxdAugust 15, 2011 © Queen's Printer for Ontario 2011For illustrative purposes only.*Areas and Limits to be confirmed by survey.

TORONTO

BURLINGTONLake Ontario

MISSISSAUGA

MILTON

OAKVILLE

11m

10m

17m

LOT 5 LOT 4

Wetlands

Woodlot

Agriculture

1

Residential Dwelling

AP

PE

ND

IX C

AP

PE

ND

IX D

PART IV.1 EMPLOYMENT ZONES

- 1 -

PART IV.1

EMPLOYMENT ZONES

GENERAL PROVISIONS SPECIFIC TO EMPLOYMENT ZONES 56. EMPLOYMENT ZONE USE DEFINITIONS a) “deleted by By-law 2006-002”; 57. PERMITTED USES WITHIN EMPLOYMENT ZONES AND MINIMUM

PARKING REQUIREMENTS

Subject to compliance with the footnotes in Section 58 and the standards in Section 59 and 61, the following uses only are permitted within enclosed buildings unless otherwise specified in the zones where indicated below. Accessory uses are permitted within the permitted uses. Parking spaces are required to be provided as 1 space per the floor area indicated.

Permitted Uses means permitted

Footnote

E1

E2

T1

(a) (b) Minimum

Parking 1 Space Per

General Industrial Operations 19 93m2

Nightclub 8 (e)

Outside Processing 10,11,12,16,19 93m2

Outside Storage 11,15,16,19 93m2

Railway Siding 11,12,13 93m2

Transportation Terminal 15,16,17 93m2

Vehicle Storage Compound 12,16

Waste Processing Station 7 93m2

Waste Transfer Station 7 93m2

Administrative Office same as main use

Adult Entertainment Establishments 8,14(c),20 18m2


- 2 -


Footnote

E1

E2

T1

(a) (b) Minimum

Parking 1 Space Per

Athletic Facility 6 18m2

Business and Professional Office 34m2

Daycare 21 1 per staff member

Drive Thru Facility 1 same as main use (h)

Financial Insitution 20m2

Hotel 4 18m2 (g)(c)

Light Industrial Operations 93m2

Medical Offices 18m2 (i)

Parking - Heavy Vehicles 9 93m2

Place of Amusement - Employment 3,14(a) 18m2

Place of Worship 18m2

Public Hall 1 18m2 (g)

Restaurant 5 10m2 (g)

Service Establishment - Employment 20m2

Vehicle Dealership 2,18,14(d) 20m2

Vehicle Repair Facility 1,14(b),18 93m2

Vocational School 1 18m2

Commercial School 18m2

Limited Retail 6 28m2 (f)

Private School 21 (d)

Service Establishment - Commercial 20m2

58. EMPLOYMENT ZONE PERMITTED USES AND PARKING FOOTNOTES 1) USE FOOTNOTES: Distance Separations 1. Not permitted on a lot abutting a residential zone.


- 3 -

2. Not permitted on a lot abutting a residential zone or on a lot abutting on open space zone where such a lot is located on north of the north side of the North Service Road between Third Line and Dorval Drive and between Trafalgar Road and Ninth Line, and south of the south side of Sherwood Heights Drive and South Sheridan Way between Ford Drive and Winston Churchill Blvd.

3. Not permitted on a lot abutting a residential zone except as an accessory use. 4. Not permitted on a lot within 100m of a residential zone. 5. A patio may not be located within 100m of a residential zone.

6. Not permitted on a lot within 100m of a residential zone except where floor area is less than 1000m2.

7. Not permitted on a lot within 800m of a residential zone when dealing with hazardous waste, whether the residential zone is in Oakville or in its neighbouring municipalities;

8. Not permitted on a lot within 800m of a residential zone whether the residential zone is in Oakville or in its neighbouring municipalities;

Yard requirements

9. In an E1 zone, the parking of heavy trucks accessory to a permitted use may only occupy 40% of the total lot area, and in a T1 zone may only occupy 10% of the total lot area.

10. May not occupy more than 40% of total lot area. 11. Not permitted in any required front yard. Rail Line and Highway Corridor 12. Only permitted on a lot abutting or within 100m of the CN rail line. 13. Railway sidings must be used for the exclusive use of a permitted use. 14 (a) Not permitted abutting the Highway Corridor, except as an accessory use

(b) Not permitted abutting the Highway Corridor, except when located in the same building as a Vehicle Dealership, in which case, the facility must not have service bay doors on a wall facing the lot line separating the property from the highway corridor.

(c) Not permitted abutting the Highway Corridor (d) On the Highway Corridor, notwithstanding the definition of vehicles, the

outside storage of inventory vehicles is restricted to cars, vans, and light trucks designed to be used for the private transport of passengers only.”

15. Where the parking area or parking area in combination with outside storage exceeds 40% of the total lot area, such use will only be permitted on lots abutting or within 100m of the CN rail line.

PART III COMMERCIAL ZONES

- 1 -

P A R T III

COMMERCIAL ZONES

GENERAL PROVISIONS SPECIFIC TO COMMERCIAL ZONES 41. PERMITTED USES WITHIN COMMERCIAL ZONES 1) Permitted Uses Table: Subject to compliance with the footnotes in Section 41(2) and the regulations in

Sections 41 through 55B, the following uses only are permitted within enclosed buildings unless otherwise specified:

Permitted Uses

means permitted C1

C2

C3

C3R

C3A

C4

C5

C6

C7

Animal / Veterinary clinic

Antique shop

Art gallery

Artists’, decorators’ or similar studio

Athletic club

1

Athletic Facilities

1

Automobile related use

1, 2

Bake shop

Bank, trust company, credit union

Barber shop, hairdresser, aesthetics salon

Billiard parlour

1

Bowling alley

Church and related buildings

Cleaning or laundry depot, Laundromat


- 2 -


C1

C2

C3

C3R

C3A

C4

C5

C6

C7

Clothing store

Commercial residential

4

Commercial school

Confectioner

Day nursery

Department store

Dwelling, residential

4

5

Florist

Funeral home

Furniture and/or appliance store

Gift, notion and craft shop

Grocery or food store

Hardware store

Hotel and hotel ancillary uses

Library

Motor Hotel

Museum

Neighbourhood store

Parking lot

Pet Grooming Establishments

Place of amusement - commercial

7

8

7

7

7

Private or fraternal club

1

Private school

Professional or business office


- 3 -


C1

C2

C3

C3R

C3A

C4

C5

C6

C7

Public garage

1, 9

1

Public hall

1

Publishing house

Rehabilitation Workshop

6

Restaurant (excluding Restaurant–take out)

1

Restaurant take-out

1, 10

1

Retail propane transfer facility

1, 11

1, 2

1, 2

Retail sales warehouse

Rural commercial use

Service shop

Service station

12, 13

12, 13

12, 13

12, 13

1, 13

13

1, 13

Service Station with Car Wash

1, 13

Taxi establishment

Theatre or cinema

2) Footnotes to Permitted Uses Table (Commercial Zones) 1. Not permitted on a lot abutting a residential zone.

2. Automobile body shops, automobile wreckers or automobile salvage yards are not permitted.

3. Must be operated in conjunction with a service station.


- 4 -

4. a) Except as provided in b), detached dwellings, semi-detached dwellings,

multiple attached dwellings, maisonettes and apartment or residential dwelling units in combination with C3 uses, however when the residential and commercial uses are in combination, the residential uses will be located above the commercial uses and will be accessed by entirely sepa-rate entrances.

b) Freestanding residential dwellings shall be prohibited within the C3R zone as designated on Map 91(2); however combined residential and commercial uses shall be permitted provided that the residential uses are located above the commercial uses and accessed by entirely separate entrances.

c) Freestanding residential dwellings shall be prohibited within the following area of the C3R zone: Lots D, E and F of Blocks 5, 6, 7, 8, 26 and 32 of Plan 1 (for the Town of Oakville); Lots A, B and C of Blocks 9, 10, 11, 12, 27 and 33 of Plan 1 (for the Town of Oakville).

d) For connected commercial residential uses, the residential component will be located entirely above the commercial uses.

5. Combinations of 1 detached dwelling and any of the permitted commercial uses. 6. Only permitted as an undertaking established or maintained by governmental

authority and similar non-governmental undertakings. 7. Only permitted as an accessory use. 8. Only permitted within enclosed malls having a floor area of at least 18,580m2.

9. Only permitted as an accessory use to retail uses provided that the retail use has a minimum floor area of 1,400m2.

10. Not permitted on any lot fronting on the south side of Lakeshore Road between the Sixteen Mile Creek and Brock Street.

11. Only permitted for the sale of propane to the general public for automotive and recreational purposes.

12. Only permitted in conjunction with commercial uses. 13. The accessory sale of food and sundry uses, Restaurant - take-out, and

drive-through windows, are only permitted in conjunction with an automobile service station, and each only within the same enclosed building or portion thereof as the service counter directly related to the consumer purchase of automotive fuels and products.”

AP

PE

ND

IX E

AP

PE

ND

IX F

Hydro One Networks Inc. Real Estate Services 185 Clegg Road Markham, Ontario L6G1B7 [email protected]

Tel: (905) 946 6233 Fax: (905) 946 6242

Richard (Rick) Schatz Senior Real Estate Coordinator September 2, 2011 Michael Cole Senior Planner Ontario Infrastructure and lands Corporation 1 Dundas Street West, Suite 2000 Toronto, ON M5G 2L5 RE: Winston Park West Employment District Request to Sell Corridor Lands for Road Purposes

Our File: Oakville 634-2655 Conditional approval has been granted for the sale of lands required for the access road to service the referenced employment lands. You have already received the conditions from our Asset Management group. The following is the full list of current conditions from all of our internal stakeholders: General Conditions:

• The proponent will be responsible for ongoing maintenance (i.e., grass

cutting, etc.) along the entire width of this portion of corridor.

• Any and all legal liability associated with these lands that are currently with Hydro One are to be transferred to the proponent.

• Additional conditions of approval may be required prior to the execution of

the sale.

Detailed plans are required:

• Detailed plans/profiles must be submitted for review for the road and any proposed underground services. Please provide 4 full sized copies (folded) of these drawings for our approval.

• An area 5 metres in width along the entire length of the road requirement must remain free for the installation of a future underground hydro transmission line.

2

• Through access having a minimum width of 6.0m must be provided to HONI on a 24/7 basis. The installation must be capable of withstanding the weight of heavy construction equipment. Loading that may occur: mobile crane with counterweights in place – 267kN per tandem axle (dual wheel, 1.53 axle spacing, 360mm tires).

• Any proposed planting plans need to be reviewed and approved by HONI

(no planting are to be placed within the ROW limits that grow higher than 4.5m at maturity). This includes all trees proposed for planting with the road allowance but located within the limits of the ROW

During Construction:

• All work must comply with the safety and clearance regulations as stated in the Occupational Health and Safety Act (OHSA). Currently there are no HONI facilities occupying the corridors.

• The construction area must be defined by the installation of temporary fencing. As well, any towers or structures located with in the area must also be protected by temporary fencing installed 10 feet from the structure. These fences must be removed when construction is complete.

• All disturbed areas must be restored to the satisfaction of Hydro One.

Concurrence from Union Gas:

• Written concurrence is required from Union Gas for the proposed works that may affect their Plant in the vicinity of these works

Kindly submit the construction drawings for our review and approval; and the concurrence letter from Union Gas. Yours truly,

Richard (Rick) Schatz Senior Real Estate Coordinator C Patrick Grace

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