PLANNING JUSTIFICATION REPORT

Draft Plan of Subdivision for Tutela Heights, Riverbend, County of Brant Walton Development and Management Inc.

FINAL REPORT – September 7, 2010

Prepared by

TABLE OF CONTENTS 1.0 INTRODUCTION 1 2.0 BACKGROUND 2

2.1 Site Location 2 2.2 Character of Existing Land Uses and Development in the Surrounding Area 3 2.3 Physical Site Attributes 4

3.0 DESIGN APPROACH AND DEVELOPMENT PROPOSAL 6

3.1 Introduction to Design Approach for the Subject Lands 6 3.2 Land Uses 7 3.2.1 Land Uses – Concept Plan 7 3.2.2 Land Uses – Proposed Draft Plan of Subdivision 7 3.3 Road System 8 3.3.1 Road System – Concept Plan 8 3.3.2 Road System – Proposed Draft Plan of Subdivision 9 3.4 Parkland, Open Space and Environmental Features 9 3.4.1 Parkland, Open Space and Environmental Features – Concept Plan 9 3.4.2 Parkland, Open Space and Environmental Features – Proposed Draft Plan 10 3.5 Servicing Strategy 10 3.5.1 Wastewater Treatment 10 3.5.2 Water Supply and Distribution 11 3.5.3 Stormwater Management 12

4.0 SUPPORTING TECHNICAL STUDIES 13 4.1 Archeological Assessment 13 4.2 Traffic Impact/Transportation Study 13 4.3 Phase 1 Environmental Site Assessment 13 4.4 Functional Servicing and Stormwater Management Report 13 4.5 Environmental Impact Study 15 4.6 Preliminary Geotechnical Investigation 17

5.0 POLICY OVERIVEW 18

5.1 The Planning Act 18 5.2 Provincial Policy Statement (2005) 21 5.3 Places to Grow: Growth Plan for the Greater Golden Horseshoe (2006) 24 5.4 The County of Brant Official Plan – Current Plan 26 5.4.1 Land Use Designations under the County of Brant Official Plan 26 5.4.2 Review of Applicable Planning Policies under the BCOP2000 27 5.5 The County of Brant Official Plan – Draft Plan 2010 37 5.5.1 Land Use Designations under the Draft County of Brant Official Plan 37 5.5.2 Planning Policies under the Draft County of Brant

Official Plan 37 5.6 County of Brant Zoning By-law 110-01 60

6.0 CONCLUSION 61

6.1 The Future Shape of Tutela Heights and the Relationship to the Walton Lands 61 6.2 Merits of The Proposed Plans for the Tutela Heights Community 63 6.3 Summary of Conclusions and Recommendations 64

APPENDICIES APPENDIX A: Draft Plan of Subdivision APPENDIX B: Tutela Concept Plan

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1.0 INTRODUCTION The purpose of this report is to provide a planning evaluation of the suitability and merits of lands owned by Walton Development & Management Inc. (“Walton”) in the Tutela Heights community for redevelopment to residential land uses from their current use as vacant and/or agricultural lands. The Tutela Heights community is located in Brant County, just south of the boundary of the Town of Brantford. The area is generally described as being bounded by Tutela Heights Road to the north, Mount Pleasant Road to the West, Cockshutt Road to the east and Phelps Road to the south. This report will serve as a basis for an application for Draft Plan of Subdivision (Draft Plan – Appendix A) approval recently submitted to the County of Brant for a 37.25 hectare parcel of land on the west side of Tutela Heights (the “Subject Lands”). The Subject Lands are part of larger land holdings in the Tutela Heights community also owned by Walton. These other lands owned by Walton will be discussed in this report in a general manner to outline the context and address how they may fit in with a vision to create a more complete community. However, it is intended that the additional lands be addressed in a more comprehensive manner through subsequent reports, studies and development applications at a later date. The professional opinions expressed in this report are based on detailed knowledge of the area context, visits to the site and surrounding area, consideration of the relevant Provincial and local planning policies and documents and our experience working on other development proposals of a similar nature and within a similar planning context throughout the Province of Ontario.

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2.0 BACKGROUND 2.1 Site Location The general location of the Subject Lands is in the County of Brant directly south of Brantford, in an area known as the “Tutela Heights” settlement area. The Tutela Heights settlement area lies both north and south of Tutela Heights Road, east of Mount Pleasant Road. The Subject Lands have an area of 37.25 hectares and are located on the west side of Tutela Heights. The Subject Lands are part of additional land holdings owned by Walton and located on the west side of the Tutela Heights (the “West Lands”). In addition, Walton has another large holding on the east side of Tutela Heights (the “East Lands”). Figure 1: Site Location and Context

The West Lands, which includes the Subject Lands, are irregularly shaped and have a land area of approximately 70 hectares. The West Lands have approximately 20 metres frontage on Tutela Heights Road, which will serve as the access point to this portion of the development from Tutela Heights Road. The West Lands then widen and extend south all the way down to Phelps Road, where they have more significant road frontage. The West Lands are adjacent to the Rue Chateaux Terrace subdivision and the Valley Estates subdivision, where existing roads dead-end at the property line. Therefore,

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there exists an opportunity to extend these roads through into the Subject Lands in several locations from those adjacent plans of subdivision. The East Lands are also irregularly shaped and have a land area of approximately 78 hectares. The East Lands have frontage and therefore several access points onto nearby roads, including two points of access to Tutela Heights Road, one access point to the residential street immediately to the west (Davern Road) as well as significant frontage along Phelps Road, further to the south. The combined land area of the West Lands and the East Lands is approximately 148 hectares (365 acres). Although the West Lands and East Lands are not contiguous, they are located close by one another and only separated by two parcels of land (the “Intervening Lands”), neither of which is owned by or under the control of Walton. The east and west parcels are both bisected by a natural feature that runs through each in an east-west direction, which is a tributary of the Grand River. This natural feature presents a significant physical barrier between the north and south portions of the West Lands and the East Lands. It should also be noted that in addition to the West Lands and the East Lands owned by Walton and described above, the applicant also has an interest in additional lands to the northeast (the “Northeast Lands”), located between the Grand River and Tutela Heights Road, west of Cockshutt Road. However, the Northeast Lands are not addressed or considered within the context of this report, nor are they the subject of any current planning application. 2.2 Character of Existing Land Uses and Development in the Surrounding Area The Tutela Heights settlement is typical of many settlement areas located on the fringe of a larger nearby community but which over time have effectively become contiguous to and function as extensions of those larger communities as growth has crept outwards. The Tutela Heights area appears to have evolved in its physical form over a period of time. Originally, there were likely several large farm holdings on the south side of Tutela Heights Road. A significant number of lots were created and residences constructed on both the north and south sides of Tutela Heights Road, likely through severances. The dwellings on the north side appear to be older than those on the south side. Most of the houses are ranch style bungalows on large lots, their lot size partly due to the necessity of accommodating private sewage treatment systems. The next wave of development appears to be the result of small plans of subdivisions created during the 1960’s and 1970 when even larger portions of the original farm holdings were severed off and individual streets running perpendicular to Tutela Heights Road like Davern Road, Rosehill Avenue and Bedholme Avenue were created. The most recent wave of development is characterized by the much larger executive type bungalow and two-storey type homes located on Rue Chateau Terrace. Very recently, similar types of homes have either been completed, or are planned or under construction as part of the Valley Estates subdivision, immediately west of the Subject Lands.

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The nature and character of what exists today in or around the Tutela Heights settlement is a broad mixture of older and new homes. In addition, there are still a few remaining farm holdings. The area along Phelps Road is much less developed, containing only a few farms and scattered residential dwellings. With the exception of the seasonal café located at the Bell homestead, there are no commercial or service uses that exist within the Tutela Heights settlement area, except perhaps for the occasional home occupation or business. Tutela Heights appears to have developed incrementally over time rather than planned comprehensively, as evidenced by the strip form of development along Tutela Heights Drive as well as adjacent subdivisions on single, dead-end streets. These unrelated developments provide no real focus or structure for the community and there is a definite lack of focal elements, local amenities and services. The surrounding land uses and features that define the west and east parcels include: West Lands (Including the Subject Lands): • West - residential neighbourhood currently under construction; • North – single detached homes on Rue Chateaux Terrace and Tutela Heights Drive; • East - existing large farm holding between Tutela heights and Phelps Road; and, • South – Phelps Road. East Lands: • West - existing large farm holding between Tutela Heights and Phelps Road,

dwellings located on east side of Davern Road; • North – single detached homes on Tutela Heights Drive; • East – proposed connector road between Phelps Road and Tutela Heights Road,

vacant lands beyond; • South – Phelps Road. Tutela Heights is known as being the location of the homestead of Alexander Graham Bell family between 1870 and 1881. The homestead is on the north side of Tutela Heights Road, just east of the Subject Lands. Bell is credited with inventing the telephone in 1874 and is known to have carried out a number of related experiments and tests in the area. Today, the homestead is a National Historic Site and includes the original dwelling known as “Melville House” as well as a visitor centre, café and several smaller out-buildings. 2.3 Physical Site Attributes The following is a summary of the description of the existing natural features on the site and the surrounding area provided by Stantec Consulting in the Phase 1 Environmental Impact Study. The study area for the EIS is located immediately south of the built up area of Tutela Heights. The area is generally characterized by active agricultural lands on undulating, rolling topography where several tributaries of the Grand River and their associated floodplains and marsh communities occur within defined valleys. Several hedgerows are

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scattered across the area, with several large upland woodland communities to the south and east of the proposed development site. Several tributaries of the Grand River cross through the area and outlet near Newport, downstream of the Grand River oxbow. Over time, these watercourses have carved meandering valleys with slopes that vary in height, some reaching 10 to 15 metres in height (downstream of the Subject Property). These watercourses are intermittent and convey flows primarily during storm events or melt conditions. In some areas, the watercourses have well defined beds and banks stabilized by natural vegetation, while other flatter sections are less defined and have become braided channels, generally where wetlands occur. The majority of floodplain areas within the valleys consist of wetland communities, with the exception of areas where agriculture encroaches to the edge of watercourses. These wetlands for a series of hydrologically connected riparian wetland communities extended to the confluence with the Grand River, similar to other tributaries in the area. The Grand River and its associated large valley system occur immediately to the north of the study area and this area is described in the Official Plan as a significant valleyland in the County of Brant. A tributary of the Grand River and its associated floodplain are designated as a Flood Prone Area along the southern portion of the study area. The Subject Property consists of undulating topography characterized by a series of ridges, plateaus and valleys. The site generally drains from north to south with topographic relief in the order of 20 metres (approximately) from north to south. Localized slopes are in the 10-20% grade range. Several valley slopes have been mapped by the GRCA, although no hazardous slopes have been indicated. The watercourses, wetlands, valley slopes, floodplain and associated allowances are all regulated by the GRCA.

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3.0 DESIGN APPROACH AND DEVELOPMENT PROPOSAL 3.1 Introduction to Design Approach for the Subject Lands The design approach for the East Lands and the West Lands (including the Subject Lands) is based upon the goal of creating a complete community with a distinct sense of place and identity through interesting and responsible community design, architectural form and land use arrangements. The initial Concept Plan for the West Lands, East Lands and the Intervening Lands was prepared by The Planning Partnership Limited. It was the result of a collaborative, multi-disciplinary effort by an experienced team of senior urban designers, planners, architects and landscape architects working to achieve the above goal. The proposed Concept Plan effectively responds to the attributes and qualities of the West Lands, the East Lands and the Intervening Lands and the surrounding area, including protecting and enhancing the significant natural features and its environmental integrity, while at the same time, providing for development that is viable and satisfies market demand. Development must also be compatible with the existing character of the community and adjacent residential uses. The detailed Concept Plan is included as Appendix B. The following is a list of some of the principles and objectives that guided the initial design process in formulating the Concept Plan: • First, develop full understanding and appreciation of the site and its physical context

by walking entire property, reviewing all base information prior to design work;

• Natural Heritage System will dictate the design, with development being integrated amongst adjacent protected natural features provided their function is not impaired;

• Develop clusters of residential uses “nestled” outside of the existing natural heritage

features to retain feeling of natural open space and minimize changes to slopes;

• Retain as much of existing topography as possible, choosing and orienting housing sites as well as roads to utilize existing slopes and minimize amount of cut and fill;

• Encourage subdivision design compatible/complimentary with traditional settlement

area character, but at the same time, that seeks out innovations in all levels;

• Confirm that a suitable plan can be put in place on the Intervening Lands to allow future connections or linkages between the between West Lands and the East Lands and that the eventual development of the Intervening Lands is not prejudiced;

• Create new focal points for the community by establishing a larger park, commercial

centre to be located at the intersection of Phelps Road and the new road proposed to connect Phelps Road with Tutela Heights Road; and,

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• Ensure the proposed Draft Plan reflects or addresses as many of the fundamental principles and policies of local Official Plan(s) and Provincial documents.

3.2 Land Uses 3.2.1 Land Uses - Concept Plan The proposed Concept Plan covers the West Lands and the East Lands, an area of approximately 148 hectares. With the Concept Plan, there will be a broader range of housing types within the community as well as the creation of a commercial block to serve the day-to-day and weekly needs. The lot pattern and proposed house forms are intended to be compatible with the existing lots and house forms in the community. On the Concept Plan, the remaining lands are reserved for or occupied by parks, open space, natural hazard lands, wooded areas or woodlots, significant wetlands/floodplains, environmental buffers and stormwater management facilities. More detail on the specific types and area of each land use is delineated on the proposed Draft Plan and addressed in the following section. 3.2.2 Land Uses - Proposed Draft Plan of Subdivision The proposed Draft Plan covers a total area of 37.25 hectares and is located in northwest area of the Tutela Heights community. The first phase of development under the Draft Plan is a continuation of existing residential development to the north and west and will be connected into the existing road system in these areas. Of the total land area of 37.25 hectares within the Draft Plan, approximately 15.81 hectares will be comprised of low density residential dwellings (single detached), 3.24 hectares will be for single family condominium units, 10.65 hectares will be for open space, 2.99 hectares will be reserved for stormwater management facilities and 4.43 hectares will be occupied by roads. The remaining land areas are comprised of lands occupied by walkways and lands for road widenings. In terms of residential units, the plan yields between 202 and 212 residential units, comprised of 55 single detached units with frontages of approximately 70 feet, 67 single detached units with frontages of approximately 60 feet and 50 single detached units with frontages of approximately 50 feet. Block 174 on the Draft Plan is reserved for a single family condominium development, which will include 30 to 40 units. The ultimate form of these units has yet to be determined. The Draft Plan is anticipated to occur in 3 phases, according to the Functional Servicing Report. The development and site works involved in each phase are as follows: Phase 1

• Development of portion of Streets A, B, C and E (82 detached lots) • Associated sanitary and storm sewers and watermains • Stormwater management facility 1 (north) • Watermain connections to existing main stubs at Tutela Heights Road and Rue

Chateaux Terrace in conjunction with Street A and E road connections • Construction of sanitary outlet through Street D and Block 173 and Block 177 up

the proposed Sewage Pumping Station (SPS)

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• Construction of the proposed SPS, associated forcemain and proposed onsite wastewater treatment facility and subsurface disposal system

Phase 2

• Development of remaining portion of Street A, and Street D (39 detached lots) • Associated sanitary and storm sewers and watermains, including services up to

limits of proposed residential condominium Block 174 • Block 173

Phase 3

• Development of Street F and Street G (51 detached lots) • Associated sanitary and storm sewers and watermains, including watermain and

sanitary sewer through the walkway block and across the Open Space Block 177 to connect to the Phase 2 services

• Construction of Stormwater management facility 2 as part of enlargement/retrofit of the existing facility in the Valley Estates subdivision to the west

3.3 Road System 3.3.1 Road System - Concept Plan Existing frontage on Tutela Heights Road from the west and east parcels will be the main points of access for new development under the proposed Concept Plan. Further, there are several existing roads in the settlement area which dead end at the boundary with the West Lands and East Lands that would be planned for connection. It is clear that the existing roads were intended to facilitate future connections when development on the adjacent lands occurred. The road system under the Concept Plan is curvilinear in some areas as it is intended to follow the existing topography as much as possible and minimize cutting and filling. On portions which have lesser slopes, the road system follows a more traditional modified grid pattern, but it is still influenced to some degree by the major natural features. There is no vehicular or pedestrian crossing of the Grand River tributary which bisects the West and East Lands to access the southerly portions of those parcels under the Concept Plan. However, under the Concept Plan, a new road at the extreme east side of the East Lands is shown, connecting Tutela Heights Road with Phelps Road. This will provide a more direct and convenient connection between Tutela Heights Road and areas to the south. This proposed road connection is shown in both the current Official Plan and the draft Official Plan as a future proposed road. The internal road system under the Concept Plan has been designed to maximize walkability and pedestrian accessibility to the parks and open spaces as well as the neighbourhood commercial uses. This will also provide the existing residents of Mt. Pleasant and Tutela Heights with several additional kilometers of roadway, sidewalks or paths for recreational activities such as walking, running, bicycling and rollerblading in a safer environment than exists today.

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3.3.2 Road System - Proposed Draft Plan of Subdivision The proposed local road system is comprised of Streets A, B, C, D, E, F and G as shown on the attached Draft Plan. Streets A, E, F and G will have a right-of-way of 20 metres, while Streets B, C and D will have an 18 metre right-of-way. Street A will connect Streets B, C and D to Tutela Heights Road and service the majority of Phases 1 and 2 of the development, with the exception of Street E. Street A will also provide an opportunity for a future connection to the lands to the east when they are developed. Street E will extend from the existing road at Rue Chateaux Terrace and end in a cul-de-sac to the north of Block 177. Similarly, Street D will end in a cul-de-sac just north of Block 173. Streets F and G will service the last phase of the Draft Plan and extend from Westlake Boulevard/Ruijs Boulevard in the Valley Estates Subdivision. The functional servicing report indicates that the new streets will satisfy the County of Brant’s requirements for minimum and maximum road grades and match existing road elevations at Tutela Heights Road, Rue Chateaux Terrace, Westlake Boulevard and Ruijs Boulevard and that property line grades will be matched to allow for reasonable road grades at future road connections to the east. The functional servicing report indicates that preliminary road profiles established for the subdivision based upon the proposed street pattern to satisfy design constraints in road profiles and lot grading. The proposed road grades generally range from a minimum of 0.5% to a maximum of 7% and match perimeter grades. The internal portion of the proposed subdivision is largely determined by maintaining adequate cover for sanitary and storm services while providing lot grading that is reasonable for home construction purposes. Cuts and fills are proposed to be in the order of 2 to 3 metres with some localized areas being up to 5 to 6 metres in order to match existing grades and achieve the proposed road and lot grades. High points have been introduced at most of the proposed road connections to ensure that off-site drainage is maintained within existing adjacent subdivisions and to maintain internal site drainage within the Draft Plan. Street names will later be determined in accordance with County policies. 3.4 Parkland, Open Space and Environmental Features 3.4.1 Parkland, Open Space and Environmental Features - Concept Plan The proposed parkland, open space and natural features system has been carefully designed to provide a high degree of connectivity and to enhance and protect existing natural heritage features. All new parks and open features have been sited in conjunction with the existing natural features being retained. The Concept Plan includes a major open space dedication on the East Lands for a community park that has been located in conjunction with the major natural feature in that area. Finally, the Concept Plan also includes a number of smaller parkettes that serve as key community focal points and function as key linkages within the overall parkland and open space system.

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3.4.2 Parkland, Open Space and Environmental Features - Proposed Draft Plan Within the Draft Plan of Subdivision, all of the open space and natural heritage features have been included together in Block 177, with a total land area of 9.11 hectares. Access to this Block is provided by way of a series of dedicated walkways and windows onto various streets. The detailed design of any related public open space features or amenities will occur at a later date, but public parkland is more likely to be incorporated into subsequent phases of development on the East Lands where lesser grades and slopes will allow more public parkland that will be more functional. 3.5 Servicing Strategy The Tutela Heights community is partially serviced by the Mount Pleasant water supply and distribution system, consisting of two groundwater wells, two pumping stations, a reservoir, high lift pumps, a bulk water supply station and the distribution system. The distribution system currently services about 500 residences, 20 commercial properties and the bulk fill water station. There is no municipal wastewater treatment or collection system in or servicing the Tutela Heights community at the current time. There is a system in Brant County at this time servicing the community of Cainsville, approximately 10 km to the north. There is also municipal water and wastewater servicing in the City of Brantford, approximately 2 km to the north. All existing development in Tutela Heights is serviced by private wastewater treatment systems at this time. More detailed discussion regarding wastewater treatment, water supply and distribution and stormwater management and conveyance is provided in sections below. 3.5.1 Wastewater Treatment In support of the proposed Draft Plan, a review of three sewage treatment options was undertaken, including establishment of an on-site wastewater treatment facility with subsurface disposal, an on-site wastewater treatment facility with surface discharge (outlet to either on-site watercourse or to the Grand River) or providing servicing from the existing Cainsville Wastewater Treatment facility. The alternatives need to be fully assessed and reviewed in conjunction with the County and the MOE to determine the most appropriate and viable option. However, based upon an initial review, conceptually, the on-site wastewater treatment facility with subsurface disposal of the effluent appears to be the most effective method and requires the least time to complete the necessary studies, obtain approvals and then construct. Based on the proposed size of the subject development, the location and the costs, it was determined that the on-site wastewater treatment facility with subsurface disposal would be the preferred approach. The proposed treatment unit could consist of a package plant such as a rotating biological contractor (RBC), sequencing batch reactor (SBR) or fixed file media reactor (FFMR) and various units are available in Ontario with proven treatment. Tertiary treatment would be required for the reduction of nitrates. A conceptual design for a subsurface system was carried out to analyze the potential land area requirements. Given the type of soils (clayey silt, silty clay and sandy silt tills)

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and the desire to be conservative in estimating land area requirements, a conceptual design was based upon a raised bed system. Based upon an estimated flow of 530,000 l/day (for 212 residential units), it is estimated that 60 beds with overall dimensions of 42.5 by 35 metres each, would be required. In order to accommodate the proposed phasing of the development, the 60 beds would be divided into 3 groups of 20 individual beds. The Stantec Report shows a conceptual wastewater treatment and disposal facility located to the south of the Subject Lands on adjacent lands owned by Walton, south of the tributary. Details regarding the final location and configuration of the on-site facility will be provided during the detailed design stage. Local sanitary sewers have been designed to extend throughout the development, generally within the proposed right-of-ways of the Draft Plan. They will be constructed at typical depths of 3 to 10 metres. Sizing and depth will also provide for opportunities for servicing of other lands to the east within the Urban Settlement Boundary. 3.5.2 Water Supply and Distribution Existing development in Tutela Heights is serviced by the Mt. Pleasant water supply and distribution system. At the present time, the water supply system does not have sufficient residual capacity to service the first phase of the Draft Plan. Although there is some residual capacity, it has been committed to a small number of infill lots and approximately 150 lots which are currently approved. Although the County is proposing water quality upgrades to the system, they will only service existing and currently approved development and there will not be any residual capacity provided for additional development. The water supply system is currently serviced by two wells. In order to service Phase 1 of the development, the following upgrades are required:

• construction of an additional well(s) with adequate quality and quantity; • expansion of the existing treatment system including expansion of the reservoir

to provide domestic flows and adequate contact time for disinfection; • expansion of the reservoir and an additional high lift pump to provide adequate

fire flows to the proposed plan of subdivision. The current water distribution system cannot provide the proposed development with sufficient flow to provide the required fire protection. As such, an upgrade to the existing distribution system is required. A watermain distribution analysis was completed by Stantec to determine appropriate watermain sizes that will distribute water for domestic uses and fire flow demand scenarios within MOE and County of Brant pressure and distribution guidelines. From the modeling analysis, it was recommended that “Option B” be selected in case the water demands for the Riverbend – Phase I Subdivision increases in the future. As well, increased pipe sizes will provide a safety allowance to accommodate any uncertainties associated with the existing water distribution system pressures. The distribution network proposed in the Stantec report will provide sufficient water supply for the proposed development and be serviced within MOE and Count of Brant

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guidelines. Further, consideration has also been given to preliminary watermain sizing for the development of the non-Walton lands to the east that are within the settlement area boundary on the basic of domestic (urban residential) usage and assuming they would be connecting to the existing watermain on Tutela Heights Road. 3.5.3 Stormwater Management As shown on the Draft Plan, two stormwater management facilities or ponds are proposed to provide an enhanced level of water quality, quantity and water balance controls for the lands within the Draft Plan. Both ponds utilize a wet pond wetland configuration. The proposed Draft Plan provides the necessary blocks and corridors for stormwater measures to accommodate site drainage requirements. Maintenance access roads of 4.0 metres in width have been provided to facilitate ease of inspection and maintenance of the ponds. Design of the facilities will adhere to the SWMPD Manual (2003) and County of Brant standards. Planting strategies will be prepared and submitted during the final detailed design stage. However, careful selection of planting species and their location around the basin will utilize indigenous species and stabilize banks, mitigate environmental impacts, improve facility performance and provide obvious safety and aesthetic benefits. Stormwater Facility #1 (North Pond) is located on the east side of the proposed Draft Plan, south of Street ‘A’ and east of Street ‘D’. The north pond includes a forebay in the design to provide for centralized collection of sediment for ease of removal. Facility #2 (South Pond) is located in the south part of the Draft Plan, south of Street ‘G’, directly adjacent to the existing stormwater management facility for the adjacent Valley Estates residential subdivision. Based on recommendations from the Count of Brant, this facility will be modified to provide controls for the Valley Estates subdivision and a portion of Riverbend – Phase 1. The proposed Facility #2 incorporates portions of the Valley Estates subdivision facility where possible in order to provide for the required controls for combined drainage.

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4.0 SUPPORTING TECHNICAL OR BACKGROUND STUDIES The following is a brief overview of the supporting technical or background studies that have been undertaken in support of the proposed development. Work on a number of the studies is ongoing and the reports will be filed as soon as possible. However, the completed technical studies are included as individual appendices to this report. 4.1 Archeological Assessment Both Stage 1 and Stage 2 Archaeological Assessments have been prepared for the Subject Lands to evaluate the archaeological potential. The work identified a number of areas on the Subject Lands that contain archaeological resources and thus necessitate the conducting of a Stage 3 Archaeological Assessment. In response, Walton has refined and adjusted certain development lot boundaries to avoid some areas of archaeological significance. The heritage consultant has completed the Stage 1 and 2 reports, which will be submitted to the Ministry of Culture and to the County of Brant. 4.2 Traffic Impact/Transportation Study A Traffic Impact/Transportation Study will be completed during the review process and submitted to the County. 4.3 Phase 1 Environmental Site Assessment A Phase 1 Environmental Site Assessment was undertaken by RiskCheck Environmental Ltd for Walton for the Subject Lands. The review included an investigation of current and past environmental conditions for pre-planning development purposes. No intrusive testing or laboratory analysis of site conditions was conducted under the Phase 1 ESA scope of investigation. Based upon the Phase 1 Environmental Site Assessment, it was concluded that there is no significant potential for environmental liability from past and current activities on the Subject Property and neighbouring lands. Further, there was no evidence of actual contamination identified in connection with the Subject Property. The only evidence of potential contamination noted was due to the existence of a vacant house, built in 1956, located on site. It is recommended that a Designated Substance Survey be conducted on site to protect work health and safety prior to any demolition or future renovation work within the structure. The report recommended that a Phase II ESA (soils and groundwater investigation) is not considered warranted on site at this time. 4.4 Functional Servicing and Stormwater Management Report A Functional Servicing and Stormwater Management Report was prepared by Stantec Consulting Ltd. for Walton to outline the grading, municipal servicing and stormwater management strategies for the Subject Property and in support of the Draft Plan of Subdivision application. The servicing strategies presented in the report are conceptual at this time and detailed engineering drawings and a Final Stormwater Management Report will be submitted as part of the engineering process once the proposed

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subdivision plans have receive Draft Plan Approval. The report and the Draft Plan also consider road connections and servicing to address remaining potential development lands to the east of the Subject Lands up the proposed Urban Settlement Boundary for Tutela Heights. The conclusions of the Stantec Functional Servicing and Stormwater Management Report are as follows: • The proposed Draft Plan of Subdivision for the Riverbend – Phase 1 Subdivision can

be adequately serviced by municipal sewage, storm drainage, water services and utilities, subject to further study related to subsurface sewage disposal and attainment of additional water supply;

• Municipal servicing and roadworks can be provided in accordance with the Count of

Brant Standards;

• Stormwater management measures can be provided in accordance with various agency guidelines;

• Streets within the subdivision will be constructed according to County of Brant Urban

Standards; and,

• The subdivision can be serviced with Hydro, telephone, Cable TV and Gas extended from existing facilities on adjacent roads

The recommendations of the Stantec Functional Servicing and Stormwater Management Report are as follows: • The report be circulated to the municipalities and various approval agencies in

support of the Draft Plan Application for the proposed Riverbend – Phase 1 Subdivision

• Additional water supply should be explored and a Water Supply Investigation Report be prepared

• A detailed design brief and drawings for the Wastewater Pumping Station and On-

site Wastewater Treatment Facility with Subsurface Disposal be completed once the Development Plan for the proposed Riverbend – Phase 1 Subdivision is approved by County staff

• Detailed grading and servicing design drawings be prepared

• A Final Stormwater Management Report and Erosion and Sediment Control Plan be

completed.

Additional detail on the proposed approach to wastewater treatment, water supply and stormwater management prepared by Stantec is provided under the overview of the proposed Draft Plan of Subdivision. In their work, Stantec gave consideration to the Intervening Lands within the settlement area boundary by addressing future road

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connections, connection to sanitary servicing, water supply and distribution systems and the conveyance and collection of stormwater. 4.5 Environmental Impact Study Stantec Consulting Limited was retained by Walton to complete an Environmental Impact Study (EIS) in support of the proposed Draft Plan of Subdivision. The purpose of the EIS is to identify and describe the natural heritage features on and adjacent to the Subject Property that may be impacted by the proposed development. The EIS also recommends appropriate measures to avoid and mitigate potential impacts and restore and/or enhance the natural environment and associated ecological functions. The EIS has been prepared in a manner consistent with Policy 2.1 of the PPS and with guidance from a number of MNR reference manuals and technical guides. The EIS has given consideration to the range of natural heritage features and ecological functions that are to be considered in accordance with the PPS, including significant wetlands, significant coastal wetlands, significant habitat of endangered and threatened species, significant woodlands, significant valleylands, significant wildlife habitat, significant areas of natural and scientific interest (ANSI’s) and fish habitat. The following is a summary of the significant natural heritage features and ecological functions found in the Study Area that would be identified at the federal, provincial, regional and municipal levels of jurisdiction.

Federally Recognized Features and Species • Indirect fish habitant • Pike spawning habitat within the riparian wetland communities • Bird nests protected through the Migratory Bird Convention Act

Provincially Recognized Features and Species • Provincially rare plant species – Large Yellow Fox Sledge (S2)

County Recognized Features and Species • Significant Wetlands associated with riparian communities along tributaries • Significant Woodland communities located south and east of subject property • Significant Valleyland (Grand River Valley)

Conservation Authority Regulated Areas • Wetlands > than 2ha associated with riparian communities along tributaries • Watercourses • Regulatory Floodplain and valley slopes associated with various tributaries • Allowances from identified natural hazards comprising the Regulation Limit

The EIS identifies potential impacts associated with the proposed development and indicates appropriate mitigation, restoration and enhancement measures recommended to protect and where feasible, enhance the significant natural heritage features and ecological functions identified in the study area. According to the EIS, potential short and long term impacts, as well as direct and indirect impacts associated with the proposed development were considered and appropriate

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mitigation measures recommended. In considering the overall net environmental impact from the development, consideration was given to existing impacts occurring on or within the study area as the result of current activities, as well as in the form of positive changes that can be incorporated into the design of the subdivision to restore or enhance the composition and integrity of the natural system. Potential environmental impacts include land use impacts, hydrologic impacts, vegetation removal, construction and grading impacts, land use management impacts and increased human activity. Recommendations in the EIS report include both mitigation and management measures. The primary management measure to avoid impacts to significant and sensitive natural features is to identify and avoid site specific constraints to the extent possible. The proposed subdivision has been designed to avoid these significant natural features by the use of appropriate development setbacks and buffers. Mitigation measures are, according to the EIS, implemented to help avoid or minimize the potential negative effects of the proposed development, including development setbacks, buffer mechanisms, construction controls and the incorporation of restoration and enhancement measures. In managing the natural heritage features on the subject property, the focus is the nature and sensitivity of the features. The primary environmental issues of concern include:

• Preserving the significant natural heritage features; • Maintaining buffers and setbacks; • Providing stormwater management; • Maintaining groundwater infiltration where feasible; • Protecting of the adjacent woodland area; • Maintaining overland surface flow across the property; and, • Identifying restoration and enhancement opportunities.

In terms of the “Net Environmental Assessment”, the EIS indicates that no development is proposed outside of areas where the ecological functions of these features would be affected and that a buffer area will be maintained from the significant wetlands to maintain these natural features and their ecological functions. The buffer areas will be encouraged to naturalize to promote establishment of native vegetation within a currently disturbed landscape and the succession of vegetation in this area. Further, the resulting re-naturalization will result in a net gain in native natural cover, improved buffer and long terms maintenance of the identified natural features, all of which is consistent with the PPS. Although there will be some encroachment into a wetland for the construction of a stormwater management facility, the opportunity exists to provide a net benefit to the natural features and their ecological functions. In summary, consistent with the PPS, the EIS indicates that no development is proposed within the identified natural heritage features and which would impair their ecological functions. A buffer area will be maintained around the woodland feature and preserve it ecological functions. Naturalization of the buffer encouraged to promote establishment of native vegetation within a currently manicured landscape. The re-naturalization of this area results in a net gain in natural cover, improved buffers and long term maintenance of identified natural features.

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The EIS report is premised upon specific recommendations being implemented regarding additional technical work, plans completed and an environmental monitoring strategy undertaken. These are summarized in Section 8.2 of the Stantec report and are likely to be implemented by way of a subdivision agreement. 4.6 Preliminary Geotechnical Investigation A Preliminary Geotechnical Investigation was undertaken by Stantec Consulting Limited for Walton for the Subject Lands in February 2010. Although exact details of the development pertaining to construction are unknown at this time, the report provides general geotechnical recommendations related to: • site grading, including suitability of site soils for placement of fill for building

foundations and in embankments, roadways, etc.; • foundations, including the suitability of native soils to support building foundations,

placement of site soils as fill within building footprints and recommendations for constructing foundations on engineered fill;

• floor slabs, including suitability of native soils for support for floor slabs and preparation of native soils prior to placement of the slab;

• earthquake design considerations in accordance with the OBC and the relevant Site Classification for Seismic for foundations placed on the underlying soils based on conditions encountered in the boreholes;

• pipe bedding and backfill, including suitability of the site materials as bedding and trench backfill;

• excavations, including suitability of soils for temporary excavations for footings or services to ensure workplace safety and groundwater inflow into excavations is managed using conventional pumping techniques;

• infiltration potential of the existing soils on site; • slope stability, including protection of surface with sod, fabric or crushed stone to

reduce soil erosion on slopes, including in vicinity of existing streams on site; and, • pavement design, including preparation of topsoil and subgrade prior to placement of

pavement structure and grading to direct runoff water away from the roadway and associated infrastructure.

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5.0 PLANNING REVIEW AND ANALYSIS The approved statutory planning policy and regulatory documents governing the planning consideration of any development application in the County of Brant include: • The Ontario Planning Act; • The Provincial Policy Statement; • Places to Grow, Growth Plan for the Greater Golden Horseshoe; and, • The County of Brant Official Plan (Current Plan). Given that the County is in the processing of conducting an Official Plan review and has prepared an updated Official Plan, this review will also give consideration to the draft plan even though it has not yet been adopted by County Council. 5.1 The Planning Act The Ontario Planning Act RSO 1990, as amended (the “Planning Act”), provides a set of legislative ground rules for land use planning throughout the province. The Planning Act allows the Minister of Municipal Affairs to issue policy statements on matters related to land use planning that are of provincial interest. These policies are contained in the Provincial Policy Statement. The Act requires municipalities, provincial ministries, OMB and other decision-making authorities “shall be consistent with” the Provincial Policy Statement when making decisions on land use planning matters. Section 41 (24) of The Planning Act requires that when giving consideration to a draft plan of subdivision, authorities must have regard to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality, as well as the following criteria:

(a) The effect of development of the proposed subdivision on matters of Provincial interest as referred to in Section 2;

Matters of Provincial interest are addressed by the proposed development as outlined in Section 5.2 of this report regarding the Provincial Policy Statement (2005).

(b) Whether the proposed subdivision is premature or in the pubic interest;

The Subject Lands are identified under the current Official Plan as Hamlet and designated Hamlet Residential. Under the proposed Draft Official Plan, the lands are identified as a Secondary Urban Settlement Area and are to be designated as Suburban Residential. The lands adjacent to several existing developments with community and their development will be contiguous with those developments and result in a more complete community, as well as other benefits. Thus, the proposed development is not premature and there will be a public interest served through its completion.

(c) Whether the Plan confirms to the Official Plan and adjacent plans of subdivision,

if any; The proposed development conforms to the land use designation that applies to the

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Subject Property as set out in both the current and proposed Official Plan and as described in Sections 5.4 and 5.5 of this report. The plan conforms to the adjacent plans of subdivision as there will be connections with existing development and existing road elevations and grades will be matched. In addition, the form of housing, heights and lot patterns are compatible with those that are adjacent.

(d) The suitability of the land for the purposes for which it is to be subdivided.

Section 2.2 of the current County of Brant Official Plan also addresses the suitability of the Subject Property for the purposes for which it is to be subdivided. This is discussed in detail under Section 5.4 of this report, the conclusion being that the lands are appropriate for the intended use based upon the proposed plan and the accompanying technical studies.

(e) The number, width, location and proposed grades and elevations of highways,

and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them.

As discussed in Section 3.3, there is an adequate existing road network in the area of Tutela Heights and the Subject Lands have excellent access to it. As discussed under Section (c) above, development on the Subject Lands will be connected into and extend the existing local road network at appropriate locations and at compatible grades and elevations. The proposed local road network will be designed and constructed to standard engineering and County standards.

(f) The dimensions and shapes of the proposed lots.

The proposed lots are of appropriate dimensions and shapes to provide for viable development and to allow forms of housing that compatible with existing housing in the area. Although the lots may be slightly more compact than existing lots in the area, the lots will be serviced by a communal sewage treatment servicing scheme and therefore larger size lots are no longer a necessity. The more compact forms of lots will provide for a greater mix of housing within the community to satisfy other local and Provincial policy objectives related to efficient use of land, density, intensification, affordability and complete communities. However, while achieving the above policy objectives, the resulting development will be compatible with the character of existing development.

(g) The restrictions on lands to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land.

(h) Conservation of natural resources and flood control.

Lands designated Natural Heritage Features System and zoned Environmental Protection are not planned for development. Appropriate setbacks and mitigation measures will be put into place in accordance with the background and supporting studies to protect these Natural Heritage Features from any negative impacts from development and construction activities, as well as to ensure human health and safety. These initiatives will be implemented as per the consultant’s recommendations as well as per the requirements of the County, Conservation Authority and, where applicable,

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the Ministry of the Environment and the Ministry of Natural Resources.

(i) The adequacy of utilities and municipal services.

As outlined in Sections 3.5 and 4.4 of this report, a Functional Servicing Study and Stormwater Management Report were prepared in support of this application. The report outlines a proposed strategy to service the Subject Lands with municipal water, a communal wastewater treatment facility and stormwater management facilities. The conclusion of these reports as outlined in Section 4.4 is that a workable servicing strategy can be put into place to support the proposed development. However, the servicing strategies presented in the report are conceptual at this time and detailed engineering drawings and reports will be submitted as part of the engineering process once the proposed subdivision plans have receive Draft Plan Approval.

(j) The adequacy of school sites.

Future students within the area are expected to be served by two existing public schools in the area within the Grand Erie District School Board or by two existing separate schools within Brant Haldiman Norfolk Catholic District School Board. Students attending public school in the area are, depending upon their grade, within the catchment area for either Agnes G. Hodge Public School on Clench Street in Brantford or within the catchment area for the Brantford Collegiate Institute and Vocational School on Brant Avenue. Agnes G. Hodge is a public school for students from junior kindergarten up to grade 8, as well as special education. As of November 2009, it had an enrollment of approximately 470 students. Brantford Collegiate Institute and Vocational Institute is a public secondary school for students between grade 9 and 12, as well as special education. As of November 2009, it had an enrollment of approximately 1,100 students. Students attending separate school in the area are, depending upon their grade, within the catchment area for either St. Gabriel’s Elementary School on Flanders Road or within the catchment area for Assumption College School on Shellard Lane in Brantford. St. Gabriel’s is a catholic elementary school for students from kindergarten up to grade 8, as well as special education. As of November 2009, it had an enrollment of approximately 550 students. Assumption College School is a catholic secondary school for students from grade 9 to 12, as well as special education. As of 2009, it had an enrollment of about 1,600 students. These are established schools that are presently serving existing residents of Tutela Heights. During the processing of the Draft Plan, it will be confirmed with the two school boards that adequate capacity exists in the schools to accommodate the number of projected students from the development or if alternative arrangements are required.

(k) The area of land, if any, exclusive of highways, to be conveyed or dedicated for public purposes.

There is no public parkland identified for dedication at this time on the Draft Plan. It is anticipated that public parks will be included in subsequent phases where it can be provided at more appropriate and viable locations in terms of access and lesser slopes.

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(l) The physical layout of the plan having regard to energy conservation.

The physical layout of the Draft Plan provides opportunities for increased energy efficiency and conservation. The plan allows for a more compact urban form and higher densities than currently exist in Tutela Heights, which represents greater efficiency and energy conservation. Further, the proposed plan provides opportunities for increased rates of participation in walking and cycling activities. 5.2 Provincial Policy Statement (2005) All planning authorities “shall be consistent with” the Provincial Policy Statement (PPS) in making decisions on all applications. It is a Province-wide policy, to be read in its entirety, while giving consideration to the specific ‘local’ circumstances. The PPS, as amended March 1, 2005, is based on three fundamental principles: a) The management of change and promotion of efficient, cost-effective

development and land use patterns which stimulate economic growth and protect the environment and public health;

b) Protecting resources for economic and/or environmental benefit; and, c) Reducing the potential for public cost or risk to Ontario’s residents by

directing development away from areas where there is a risk to public health or safety or of property damage.

The PPS identifies that healthy, livable and safe communities are sustained by accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet long-term local, regional and Provincial needs. In addition, the PPS supports the efficient use of municipal infrastructure and the avoidance of uneconomical Settlement Area expansions. All of the policies of the PPS are geared to ensuring that municipalities utilize their land and infrastructure resources wisely. Part of the wise use of resources is to ensure an adequate supply of land is designated for urban development and that the urban land is allocated to the full range of land uses that create a well balanced and sustainable community. In order to achieve these Provincial objectives, it is absolutely crucial that within areas designated for urban development there is an appropriate balance among residential, and employment generating land uses, community facilities and environmental protection. Section 1.0 of the PPS, Managing and Directing Land Use to Achieve Efficient Land Development and Land Use Patterns, is directed at sustaining healthy, liveable and safe communities by promoting:

• efficient development and land use patterns; • accommodate a range and mix of land uses; • avoiding development and land use patterns which cause environmental or

public health and safety concerns; • avoiding development and land use patterns which prevent efficient expansion of

settlement areas into adjacent or proximate areas; • promote cost effective development standards to minimize land consumption and

servicing costs;

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• improving accessibility for the disabled or elderly and removing barriers which limit their participation in society; and,

• ensuring infrastructure and pubic service facilities are or will be available to meet current and projected needs

The proposed development is consistent with the above policies of the PPS. Section 1.1.3, Settlement Areas, indicates that settlement areas shall be the focus of growth and that their vitality and regeneration shall be promoted. Land use in settlement areas shall be based upon:

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 uneconomic expansion; and,

3. minimize negative impacts to air quality and climate change, and promote energy efficiency in accordance with policy 1.8; and,

b. a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3.

Further, Section 1.1.3.7 states that:

New Development taking place in designated growth areas should occur adjacent to the existing built-up area and shall have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and pubic service facilities.

The Subject Lands are directly adjacent to the existing built up area, specifically three existing residential plans of subdivision, as well as existing development along Tutela Heights Road. In addition, the Draft Plan has increased densities and represents a more compact and efficient form of development than currently exists in the settlement area. It also takes advantage of existing infrastructure and services available in the immediate area as well as within the overall community. Section 1.3, Employment Areas, encourages planning authorities to promote economic development and competitiveness by providing a mix and range of employment opportunities to meet long term needs, providing opportunities for a diversified economic base, planning for and protecting employment areas for current and future uses and ensuring the necessary infrastructure is provided in support of current and projected needs. Although the proposed development under the Draft Plan of Subdivision is largely residential in nature, the proposed Concept Plan does provide future opportunities for employment with a designated commercial node. The policies of Section 1.4, Housing, are intended to be implemented on a County wide basis. However, the intent is to provide for an appropriate range of housing types and densities required to meet projected demand. In addition, the policies require the ability to accommodate growth for a minimum of 10 years through residential intensification

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and on lands which are residentially designated, as well maintaining a supply of land with servicing capacity sufficient to provide a 3 year supply of units or land in draft approved and registered plans. Although Subject Lands are designated and zoned to permit residential development, the lands only have partial services available at the present time. The implementation of a strategy to service the proposed development will enable the lands to assist the County in achieving the above housing policies and objectives. Section 1.6.4, Sewage and Water, states planning for sewage and water services shall direct and accommodate growth in a manner that promotes the efficient use and of existing municipal sewage and water services and, where they are not available, the use of private communal sewage services and private communal water services. Planning activities shall also ensure that these systems are provided in a manner is sustainable, financially viable and comply with all regulatory requirements. Although the policies contemplate some development on private communal services, the policies do state that municipal sewage and municipal water services are the preferred form of servicing for settlement areas and that development on these types of existing services shall be promoted where possible. The proposed development will be partially serviced by a communal sewage system and municipal water system. Section 2.1, Natural Heritage, provides extensive policies intended to protect natural features by not permitting development and site alteration in significant habitat of certain endangered or threatened species, significant wetlands, significant woodlands, significant wildlife habitat and significant areas of natural and scientific interest unless it can be demonstrated that there will be no negative impacts on the natural features or their ecological functions. The proposed development is supported by an Environmental Impact Study prepared by Stantec and all of the natural heritage features that exist have been identified and addressed in the EIS. The EIS concluded that, consistent with OP policy 2.1 and the PPS, no development is proposed within identified natural heritage features and that their ecological functions will not be impaired. Further, the re-naturalization of certain areas will result in a net gain in natural cover, improved buffers and long term maintenance of certain identified natural features. Section 2.6, Cultural Heritage Archaeology, deals with the protection and conservation of significant built heritage resources and significant cultural landscapes. The PPS states that development and site alteration shall only be permitted on lands containing archaeological resources or areas of archaeological potential if the significant archaeological resources have been conserved by removal and documentation or by preservation on site. Development on lands adjacent to protected heritage property where evaluation has taken place and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. Further, mitigative measures may be required in order to protect heritage property affected by adjacent development or site alteration. As discussed in Section 4.1 of this report, Stage 1 and 2 Archaeological Assessments have been prepared for the Subject Lands which identified a number of areas that exhibited potential for the presence of archaeological resources and thus necessitated conducting of a Stage 3 Archaeological Assessment. However, Walton has given direction to refine and adjust certain development lot boundaries to avoid these areas of

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potential or to mitigate against the impact of development. A Stage 3 Assessment will be submitted along with the Stage 1 and 2 reports to the County of Brant and it is believed that this should satisfy the requirements of the PPS. Section 3.1, Natural Hazards, indicates that development shall generally be directed to areas outside of certain hazardous lands or hazard sites, including hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards. Development may be permitted in certain areas provided that no new hazards are created and existing hazards not aggravated and that no adverse environmental impacts will result. As discussed in Section 5.5.2 of this report, portions of the Subject Lands designated Natural Heritage Features System have been identified as “Hazardous Lands”. The EIS prepared on behalf of Walton addresses these Hazard Lands and will limit development and activities either within and adjacent to these identified features and recommend required setbacks or buffer zones to be established through the implementing Zoning By-law Amendment. 5.3 Places to Grow: Growth Plan for the Greater Golden Horseshoe (2006) The Places to Grow, the Growth Plan for the Greater Golden Horseshoe (P2G) was prepared under the Places to Grow Act, 2005 and builds upon other government initiatives such as the Greenbelt Plan, Planning Act and the Provincial Policy Statement (2005). The Proposed Growth Plan provides direction for building stronger communities by better growth management over the next 30 years. The Subject Lands are within the Greater Golden Horseshoe Growth Plan Area. The Mt. Pleasant/Tutela Heights area is shown on the “Built Boundary for the County of Brant” map as an “Undelineated Built Up Area” and shown conceptually as a dot on the map without a specific boundary. These undelineated built-up areas are smaller, unserviced or partially serviced-settlement areas that have limited capacity to accommodate significant future growth based upon the existing servicing conditions. The P2G provides policy direction for managing population and employment growth by directing a significant portion of new growth to the built up areas of the community through intensification, building compact, transit-supportive communities, directing development to settlement areas, encouraging cities and towns to develop as complete communities with a diverse mix of land uses, a range and mix of employment and housing types , high quality public open space and easy access to local stores and services. The Subject Lands are designated “Designated Greenfield Area” under P2G. Designated Greenfield Areas are defined as areas within a settlement area that is not a built-up area. Where a settlement area does not have a built boundary, as is the case with Tutela Heights, then the entire settlement area is considered a designated greenfield area. Section 2.2.7 of P2G contains the policies which apply to designated greenfield areas. The policies indicate that development in these areas should be planned, designated, zoned and designed in a manner that contributes to: creating complete communities; creates street configurations, densities, and an urban form that supports walking, cycling, and the early integration and sustained viability of transit

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services; provides a diverse mix of land uses, including residential and employment uses, to support vibrant neighbourhoods; creates high quality public open spaces with site design and urban design standards that support opportunities for transit walking and cycling. The Subject Lands are located in a designated greenfield area and the proposed form of development is consistent with the above concepts. In looking at the development that has occurred in Tutela Heights in the past, it has largely been single streets of large estate residential lots and homes that have been created. These developments have taken place on the basis of private sewage treatment systems, thereby necessitating the larger lot sizes. However, the proposed development under the draft plan is based upon the establishment of communal sewage treatment, which allows for a more compact form of development, a greater mix of housing and the emphasis on public open space versus private open space. Also, the proposed draft plan provides for a network of high quality open spaces and streets that results in well-connected neighbourhoods to encourage greater participation in outdoor activities, including walking with cycling. In addition, the proposed draft plan results in the establishment of new development in Tutela heights in the most logical location and order given that it is adjacent to and in between existing development, rather than leapfrogging over it. P2G provides density targets of not less than 50 residents and combined jobs per hectare, although this is to measured over the entire greenfield area of the County and not intended to be implemented or applicable to each individual property. However, it should be noted that the density in the Tutela Heights community is certain to increase given the number of units that will be added within the boundaries of the settlement area and this in turn will assist in achieving the P2G density targets across the municipality. In addition, the proposed draft plan provides for more compact forms of housing (smaller lot frontages, smaller lots and a more efficient street pattern) than currently exists within existing plans of subdivision in the community, which will result in increased densities and meeting the overall targets under P2G. The proposed Concept Plan demonstrates how a longer term plan for Tutela Heights can also be consistent with the objectives of the P2G by providing a greater mix of land uses (including commercial), a broader mix of housing forms, increased densities, provision of local amenities (parks), required road connections and, in general, a finishing off of the community with logical and defensible boundaries to development. However, the proposed concept plan incorporates portions of the West Lands and the East Lands, which are outside of the current Secondary Urban Settlement Area boundary. P2G provides very specific policies with respect to Settlement Area boundary expansions and requires that these only occur as part of a municipal comprehensive review. These policies are consistent with some of the new Official Plan policies regarding Area Studies, which are addressed in later sections of this report. This report makes specific recommendations regarding the future work in support of such applications. These recommendations are consistent with the P2G policies regarding boundary expansion. Other policies of the P2G are oriented towards achieving infrastructure planning and investments that support growth, including transit, transportation corridors, water and wastewater systems, waste management systems and community infrastructure. In particular, P2G indicates that municipalities should only consider construction of new, or

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expansion of existing, municipal or private communal water and wastewater systems where: water conservation/demand strategies are being implemented; and, expansion or new services are to serve growth in a manner that supports achievement of the intensification target and density targets. The overarching principle of the P2G is to build complete communities, whether urban or rural. As defined by the Growth Plan, complete communities are: “…communities that are well-designed, offer transportation choices, accommodate people at all stages of life and have the right mix of housing, a good range of jobs, and easy access to stores and services to meet daily needs.” The proposed Draft Plan provides an opportunity to help Tutela Heights become more of a complete community as described above and be consistent with other P2G objectives. In addition, the proposed concept plan, while requiring further planning work to justify a future boundary expansion, would further assist in Tutela Heights becoming a more complete community. The development proposed by Walton in the short term and the long term, both within and outside the current settlement area boundaries will result in the physical community being filled in and rounded, in effect, “finishing off” the community. The development will also introduce a broader mix and size of housing types, while maintaining the character of the existing community. 5.4 The County of Brant Official Plan – Current Plan 5.4.1 Land Use Designations under the County of Brant Official Plan The current County of Brant Official Plan (BCOP2000) was adopted in November 2000 and further approvals were granted by MMAH and the OMB between September 2001 and May 2003. Although the County of Brant is currently conducting an Official Plan review and a new Plan has been prepared but has not yet been adopted by County Council. Therefore, the BCOP2000 is the in force plan. The BCOP2000 designates the majority of the Subject Lands as “Hamlet Residential” and the natural features within the Draft Plan are designated either as “Woodlands” or “Flood Prone Area and Steep Slope Area”. The southern portion of the West Lands are designated “Agricultural” with the natural features in that area designated as “Woodlands”. The East Lands are designated under the BCOP2000 as “Agricultural” and the natural features are designated as “Flood Prone Area and Steep Slope Area”. The East Lands that are outside of the HMR designation and that are not designated “Woodlands” or “Flood Prone Area and Steep Slope Area” are largely designated “Agricultural” under the BCOP2000. The future development of these lands would therefore require an amendment to the BCOP to permit a change in land use from Agricultural as well as to fine tune the designations on or adjacent to the natural features. In addition, further detailed review and analysis in the form of an Area Study would be required in accordance with the policies of the BCOP2000 prior to the approval of such a change in land use by the County.

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5.4.2 Review of Applicable Planning Policies under the BCOP2000 The BCOP2000 was adopted in 2000 and the purpose is to set out the desired future development pattern for the County to the year 2021. The following policies are considered relevant in our assessment of the merits of the Draft Plan of Subdivision: “1.8.1 Growth and Development

The main areas identified for residential development, in hierarchical order, are:

• The urban community of Paris; • The urban community of St. George; • The urban community of Burford; • The urban settlements of Mount Pleasant, Scotland, Oakland, Tutela

Heights, Oakhill, Onondaga, Cainsville/Blossom Avenue, Harley, Harrisburg, New Durham, Falkland, Middleport, Mt. Vernon, Glen Morris, Cathcart, Burtch, Muir, Kelvin, and Fairfield Plain; and,

• Selected areas that are either existing estate residential development or possess all appropriate characteristics.”

“Other than minor infilling, new development will be required to prepare an Area Plan in accordance with Section 2.4 of this Plan and proceed by plan of subdivision in accordance with the Planning Act.”

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“Prioritization has been given for residential development to the lands within immediately adjacent to Paris, St. George and Burford and to a lesser degree to the urban communities of Mount Pleasant, Scotland, Oakland, Tutela Heights, Oakhill, Onondaga, Cainsville/Blossom Avenue, Harley, Harrisburg, New Durham, Falkland, Middleport, Mt. Vernon, Glen Morris, Cathcart, Burtch, Muir, Kelvin, and Fairfield Plain.”

Response/Comment: The proposed development is located in the urban settlement of Tutela and proceeding by way of Plan of Subdivision (an application for which was submitted to the County of Brant in July, 2010). As part of the proposed Draft Plan, a number of background and supporting studies were undertaken to address necessary technical aspects of the development. The matters that an Area Study is supposed to consider as outlined in Section 2.4 are intended to be addressed by the background and technical studies in support of the Draft Plan and it is anticipated that these will be satisfactory to allow the County to process and approve the Draft Plan and zoning. It is recommended that intended future phases of development on the Walton lands outside of the proposed Draft Plan address the matters outlined in Section 2.4 by way of an Area Study and/or background and technical supporting studies specific to those lands. “1.8.4 Servicing

The uncommitted reserve servicing capacity in the various sewage facilities that service certain areas of the County of Brant have some limitations. The servicing limitations require that the County of Brant either ensures that developers or the municipality upgrade or expand the sewage treatment facilities or that package plants be developed prior to final approval being given to further development. It is the goal of the County of Brant that the provision and extension of municipal services shall occur in an orderly sequence but will also encourage servicing solutions in a number of settlement areas at the same time. Almost all development within the municipality has some limitation associated with sanitary sewers. There are answers to those limitations either through upgrades to the existing systems, the installation of package (development specific) treatment facilities, or the use of septic systems in select locations. (3) Communal systems for both water and sanitary sewers will be permitted subject to

acceptance of the proposed systems by the County of Brant. (4) The range of communal systems permitted will be limited in order to reduce the

maintenance issues associated with having too many variations on the design of the plant component parts.

(6) Development Charges and/or developer funded construction of trunk lines and

treatment plants will play an important role in financing the construction of the necessary servicing facilities.

(7) In addition, there are areas with water supply deficiency and areas where roads

require upgrading. Each of these will be addressed by policies in this Plan as to the approach proposed for solving the issue.

Response/Comment:

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The lands to be developed within the proposed Draft Plan are located within an area not currently serviced by municipal sewers. Walton proposes to service the proposed Draft Plan with a “package plant”. The lands under the Draft Plan are adjacent to existing Plans of Subdivision and development therefore represent an efficient and orderly extension of development and services, which will be provided by the private sector. The policies of the OP support the installation of package or development specific treatment facilities, provided they are acceptable to the County. The proposed treatment plant will be funded and financed by the developer.

“2.2 Development Policies – All Land Uses 2.2.1 Site Suitability

Prior to the approval of any development or amendment to this Plan or the Zoning By-Law, it shall be established to the satisfaction of Council and all other bodies having jurisdiction that:

(1) Soil and drainage conditions are suitable to permit the proper siting of buildings;

(2) The services and utilities whether they are municipal or private, can adequately

accommodate the proposed development. Full municipal or communal sanitary and water services will be the preferred method of servicing development.

(3) The road system is adequate to accommodate projected increases in traffic;

(4) The land fronts onto a public road (unless specifically noted as an approved private road) which is of a reasonable standard of construction;

(5) Lot frontage and area is suitable for the proposed use and conforms to the standard required by the implementing Zoning By-Law; and,

(6) Adequate measures will be taken to alleviate or prevent any adverse effects that the proposed use may possible have upon any proposed or existing adjacent use or the natural environmental features and functions.”

Response/Comment: The proposed Draft Plan satisfies the above development policies, in particular, issues related to the suitability of soils and drainage conditions, adequacy of municipal and private services, adequacy of the road system, necessity of frontage on a public road, suitable lot frontage and lot areas and adequate measures to alleviate any adverse effects upon existing adjacent uses and the natural environment and features. These issues have been addressed through the preparation of background and supporting technical studies accompanying the Draft Plan submission.

“2.2.2 Costs of Servicing Development

(1) Location of Development

In order to minimize the cost of services provided by all public agencies, no new development in the Planning Area will be permitted in any location where it would contribute to demand for public services, which are not economically feasible to provide, improve or maintain. Instead, development will be permitted only in

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locations where demands on public services will be minimized, or where it can most effectively utilize existing services, or where new services can be economically provided and maintained either by the municipality or by the developer. As per Section 34(5) of the Planning Act, the ability to properly service the land will determine development, notwithstanding the existence of an appropriate Official Plan designation and/or zoning.”

Response/Comment: The proposed Draft Plan of Subdivision is located in an area which contains a significant amount of existing development and where new development is already occurring, minimizing the demand for services as well as the need for new services to be provided. Further, certain services are proposed to be provided and initially maintained by the developer. The background and supporting technical studies for the proposed development indicate the ability to properly service the land.

“2.2.3 Water Supply and Sewage Disposal

(2) Private Systems

If a site is located in an area where the public sanitary sewage treatment is not readily available or is not intended, development may take place or individual on-site sewage treatment systems or on developer provided communal systems. The proposed development must also be permitted by the Land Use Policies of this Plan. Within Settlement Areas or land use specific designations, approval by Council, or its designate, will be required before development is permitted on private or individual sewage disposal systems and may be conditional on mandatory connection to public systems when piped services become available If a private communal system is proposed, the municipality may restrict the type, make or model of system to one that is acceptable to the municipality. (3) Individual Services Where a communal system is proposed, the municipality shall own the system or shall make alternative ownership arrangements that comply with the Ministry of the Environment requirements. Any development proposing a communal servicing system must satisfy the requirements of the Ministry of the Environment and as noted above, may be restricted to a type, make or model acceptable to the County of Brant.”

Response/Comment: The proposed Draft Plan of Subdivision is located in an area where no public sanitary sewage is available or intended to be provided in the short term. It is intended that development be serviced by a developer provided communal system. The proposed system can be established in accordance with the above policies and requirements for private systems. Further, the proposed communal system will be developed in accordance with MOE requirements as well as those of the County of Brant, the Environmental Protection Act, Ontario Water Resources Act and other applicable Provincial and municipal requirements.

“2.3 Planning Impact Analysis

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A Planning Impact Analysis must be prepared for applications for an Official Plan Amendment and/or Zoning By-law change. The Planning Impact Analysis will be used by the County to evaluate the applications and to identify ways to reduce any negative impacts upon surrounding uses. The analysis must be prepared by the applicant to the satisfaction of the County. Proposals for change which require a Planning Impact Analysis will be evaluated on the basis of:

(1) Compatibility of development with surrounding uses, likely impact on present

and future uses on neighbourhood character and stability; (2) For lands in an Agricultural designation, a demonstrated need for the land

use and proof that alternative locations on lands of lower rating do not exist; (3) The height and spacing of any buildings in the proposed development and

any potential impacts on surrounding land uses; (4) Retention of desirable vegetation or natural features that contribute to the

surrounding areas visual character; (5) Proximity of medium density development to public open space,

recreational, community, transit and municipal facilities and services; (6) The size and shape of the parcel and ability of the site to accommodate the

intensity of the proposed use; (7) Location of vehicular access points and impact of traffic generated from the

site on streets, pedestrian and vehicular safety and surrounding properties; (8) Exterior design and layout of buildings and integration of these uses with

present and future land uses in the area; (9) The location of lighting and screening and the adequacy of parking areas; (10) Provisions for landscaping and fencing; (11) Location of outside storage, garbage and loading facilities; (12) Conformity with provisions of Site Plan Control By-Law; (13) Design and location of signs and compliance with the Sign Control By-law; (14) Measures by applicant to mitigate adverse impacts on the surrounding land

uses and streets identified in the Planning Impact Analysis.” Response/Comment: This planning justification report is intended to serve as the planning impact analysis for the proposed Draft Plan of Subdivision and is supplemented by the supporting technical and background studies. This report as well as the Draft Plan and supporting background and technical studies addresses the matters outlined above, although some issues are neither relevant nor applicable to the proposed development.

“2.4 Area Studies It is the policy of this Plan that area studies may be prepared by the County of Brant to assist in the implementation of policies of this Plan and to provide guidance for the preparation and evaluation of regional facility and community facility development proposals. Area studies may deal with: (1) Land use type and intensity; (2) On-site and off-site parking; (3) Road network and traffic circulation; (4) Pedestrian movement; (5) Municipal services; (6) Amount and location of neighbourhood open space; (7) Landscaping;

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(8) Presence of buildings or archaeological and/or historical significance and location of registered archaeological sites and/or archaeological potential;

(9) Subwatershed planning; (10) Traffic Impact; and/or, (11) Minimum Distance Separation from intensive livestock operations located in the

abutting Agricultural Designation. Response/Comment: Similar to Section 2.3, this planning justification report and the accompanying technical and background studies are intended to function as an Area Study and address the above matters. In our opinion, those of the above matters that are relevant to the development proposal have been comprehensively addressed.

“3.7 Settlement Areas 3.7.1 General

It is the intent of this Plan to ensure that sufficient lands have been allocated in the various Residential, Commercial and Industrial designations to accommodate the anticipated population in a variety of suitable locations, densities and unit types and to provide employment opportunities and economic growth. This Plan also intends to ensure that new development or redevelopment is appropriately located, is compatible with surrounding land uses and incorporates energy efficient aspects in its design The Plan also intends to encourage the development of economical housing in an appropriate environment. Existing housing and existing residential areas shall be preserved and improved. A variety of Settlement Areas have been recognized. Areas such as the communities of Paris, St. George and Burford have detailed policies dealing with a wide range of land uses. There are also Settlement Areas that are rather simplistic with respect to their current land use characteristics. Many of these areas are almost exclusively residential in nature and will continue to be in the future.”

Response/Comment: The Tutela Heights Settlement Area is almost exclusively residential in nature at this time. Although the proposed Draft Plan is exclusively residential in nature, the proposed concept plan for the larger area does anticipate the inclusion of a limited amount of commercial uses to meet some of the daily and weekly shopping and service needs of local residents. As well, this will provide new opportunities for employment and economic growth at a very local level. In addition, the proposed Draft Plan does provide for a variety of lot sizes and some different unit types. Consistent with the policies of this section, the proposed Draft Plan does provide for forms of development that are appropriately located, compatible with surrounding land uses and that provide opportunities for energy efficiency.

“3.7.2Goals

The following goals are established for the various Residential areas:

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a) To ensure that new development occurs in a manner in keeping with the capacity of the services available and the financial capability of the municipality;

b) To encourage the development of a greater variety of housing types;

c) To provide the opportunity for the provision of affordable housing in accordance with the Provincial Policy Statement;

d) To encourage the provision of an adequate supply of draft approved and/or

registered lots and blocks on new plans of subdivision and/or registered lots which have been created in accordance with the policies of this Plan;

e) To provide the opportunity to increase the housing supply through residential

intensification in appropriate and selected Residential designations. Residential designations. Residential intensification may include infilling, accessory apartments, conversions and redevelopment;

f) To encourage an adequate supply of new building lots to meet the anticipated

demand for additional housing units over the next 20 year planning period as the capacity of the County of Brant’s services permit;

g) To establish safe residential communities and protect residential areas from

conflicting and incompatible land uses.”

Response/Comment: The proposed Draft Plan is consistent with the above goals for the various Residential areas in that it: creates development that results in certain services being established by way of development charges or funded directly by the developer instead of by the municipality; provides for a broader range of lot sizes and forms of housing in the community; adds to the supply of lots in a new plan of subdivision which in turn serves to increase housing supply and competition and therefore may provide for more affordable housing; increases housing supply through intensification, infilling and redevelopment; has been designed with safe community design in mind; and, will not create conflict as the proposed residential land uses will be compatible.

“3.7.3 Policies

(3) Established Low Density Residential Areas

In established Low Density Residential areas, the indiscriminate mixing of different housing types shall not be permitted in the interest of protection stability of existing neighbourhoods. Redevelopment proposals will, to the satisfaction of Council, ensure that the residential character of the area will be maintained or enhanced and not present a burden to existing facilities and services.

(4) Vacant Residential Designated Areas

In vacant areas proposed for residential development, a suitable mix of housing types shall be provided while ensuring that the overall density restrictions are not exceeded and that conflicts do not occur between housing types. Internal road

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networks should be designed to ensure good access to the major road network while discouraging through traffic. The planning of new residential areas shall make provisions for a range of housing types, sizes, price and tenure arrangements in order to provide accommodation for households of differing socio-economic characteristics. New plans of subdivision within the Residential designation shall be designed so that continuous but disjointed secondary, interior access roads will result between adjacent subdivisions. For larger blocks of land adjacent to arterial roads, direct access to the arterial road may be limited. Undeveloped lands that are within the Settlement Area boundary and intended for residential development will require an Area Plan to be prepared prior to the submission of a Plan of Subdivision.”

Response/Comment: The proposed Draft Plan of Subdivision does not provide for indiscriminate mixing of different housing types. Development as proposed will maintain the residential character of the area and not destabilize the existing neighbourhood. New development will not present a burden to existing facilities and services, but rather provide the basis for improvements to existing services that will be funded by new development through development charges or by developer funding. The proposed Draft Plan provides for a mix of lot sizes, housing sizes, price and tenure, all within the overall density restrictions. The proposed condominium block is intended to allow greater flexibility to introduce an alternative yet compatible form of housing at a later date. The proposed internal road network will provide good access to the major road network while discouraging through traffic. As previously stated, this planning justification report and the accompanying technical and background reports are intended to function as an Area Study and address the matters that are required to be dealt with in an Area Study.

“3.7.4 Residential Land Use Designations 3.7.4.7 Hamlet Residential

(1) Goals

The following goals are established for the Hamlet areas which include Mount Pleasant, Scotland, Oakland, Tutela Heights, Oakhill, Onondaga, Cainsville/Blossom Avenue, Harley, Harrisburg, Falkland, New Durham, Middleport, Mt. Vernon, Glen Morris, Cathcart, Burtch, Muir and Kelvin:

a) To allow the hamlet areas to maintain their identity as residential

Settlement Areas within the County of Brant;

b) To ensure that new development occurs in a manner in keeping with the capacity of the services available and the financial capability of the municipality;

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c) To continue to provide a location for future residential, institutional, recreational, very limited and small scale commercial and very limited and small scale dry light industrial uses if suitable sites can be found.;

d) To continue to act as a small scale service centre to the residents;

e) To permit limited infilling of the existing development pattern if servicing

can be achieved;

f) To encourage the development of a greater variety of housing types while having regard for the servicing limitations and land use compatibility;

g) To provide for the opportunity for the provision of affordable housing in

accordance with the PPS;

h) To encourage the provision of a limited supply of draft approved and/or registered lots and blocks on new plans of subdivision and/or registered lots which have been created in accordance with Subsection 5.1 of this Plan through the establishment of a 3 year target; and,

i) To encourage an adequate but limited supply of new building lots to meet

the anticipated demand for additional housing units over the next 20 year planning period as the capacity of the County of Brant’s services permit.”

Response/Comment: Many of the above goals for the Hamlet Residential land use designation are restated from the goals for settlement areas. The proposed Draft Plan and the resulting development satisfies the above goals relating to area identity, service capacity and financial capability, mix of uses, infilling, variety of housing types, compliance with the PPS and the provision of an adequate supply of new building lots.

(2) Policies

The following policies apply to those lands designated “Hamlet” on Schedule “A” of this Plan:

a) The permitted uses shall include agricultural uses, single detached

dwellings, medium density residential development, home occupations, group homes and commercial, industrial, recreational and institutional uses and their expansion in accordance with the policies of the Plan;

b) Maximum density for single detached dwellings shall be 12 units per gross hectare if servicing permits, medium density developments shall be limited to semi-detached, triplex or townhouses to a maximum density of 30 units per gross hectare.

c) Undeveloped lands will be placed in an agricultural zone or in an

appropriate holding zone. New development will require an amendment to the Zoning By-law and the new use shall satisfy the following criteria.

i. Applicant shall adequately demonstrate the need for the

proposed use

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ii. The proposed use is compatible with the existing uses in close proximity;

iii. The existing roads can adequately serve the proposed use; iv. The existing services are adequate for the proposed use; v. The off-street parking is adequate for the proposed use; vi. The site plan requires adequate landscaping, buffering and

building setbacks to protect the privacy of surrounding properties;

vii. The proposed use is in conformity with the Provincial Policy Statement; and,

viii. That adequate uncommitted reserve municipal servicing capacity is available to accommodate the future development of the site.

d) A suitable mix of various types of residential units at appropriate densities

and levels of affordability are encouraged to develop during the planning period;

e) Existing non-residential uses will be allowed to expand provided the expansion satisfies the criteria outlined above;

f) Specific land use designations that occur in the Hamlet Settlement Areas

shall be developed in accordance with the corresponding policies of this Plan;

g) All development shall be in accordance with the land division and Natural

Environment policies of this Plan; and,

h) Proponents may be required to prepare stormwater management plans to the satisfaction of the County and the Conservation Authority.

Response/Comment: The proposed residential uses and forms of housing under the Draft Plan are permitted uses within the Hamlet land use designation. In addition, some of the broader range of land uses, which are encouraged by the policies, are intended to be included at a later date as per the Concept Plan. The gross residential densities for the lands within the proposed Draft Plan are within the maximum density allowed. The lands within the Draft are currently zoned Village Residential and permit single detached dwellings. There is a holding provision in place over the lands. The hold can be lifted provided that Area Plans are prepared prior to submission of Plans of Subdivision in order to demonstrate the development is compatible with adjacent land uses. Although the condition for the lifting of the holding provision is clearly stated in the By-law, the proposed development and the accompanying technical and background reports, along with this planning justification study, can demonstrate that the above criteria regarding changes to the Zoning By-law can be satisfied.

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5.5 The County of Brant Official Plan – Draft Plan (2010) 5.5.1 Land Use Designations under the Draft County of Brant Official Plan The Draft County of Brant Official Plan (BCOP2010) has been prepared and released in a “final draft” form at this stage in time. The County has not yet adopted the new Official Plan. An excerpt from the Draft Official Plan showing the land use designations on Schedule ‘A-6’, Land Use Plan, is below: Excerpt from Schedule ‘A-6’, Draft County Of Brant Official Plan (June 2010)

The most recent version of the BCOP2010 designates the Subject Lands largely as “Urban Residential” with certain natural features designated “Natural Heritage Features System.” The Subject Lands are entirely within the Secondary Urban Settlement Area boundary. However, on August 4, 2010, a short report was presented to the Planning and Advisory Committee Meeting, recommending that the “Urban Residential” designation for Tutela Heights shown in the most recent version of the proposed Official Plan be changed to “Suburban Residential”. The report indicated that since the July 19th open house, concern over the proposed designation has been expressed by a number of area. Upon

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consideration of this matter and in consultation with their planning consultants, MMM Group, staff have recommend that the change be incorporated into the final draft. The southern portion of the West Lands are located outside of the Secondary Urban Settlement Area Boundary and are largely designated “Agriculture” with certain identified natural features designated as “Natural Heritage Features System.” The East Lands are outside of the Secondary Urban Settlement Area boundary and are largely designated as “Agriculture” with certain identified natural features designated “Natural Heritage Features System.” 5.5.2 Planning Policies under the Draft County of Brant Official Plan We have undertaken a detailed review of the BCOP2010 as it relates to the Subject Lands/Draft Plan of Subdivision. In some instances, we have commented on the policies and how they may relate to other Walton holdings and their future development. The following policies were considered relevant in our assessment of these applications:

“2.2.2.1 Growth Projections ……….The policies of this Plan recognize that the projections are partially

dependant on factors outside of the County’s control. As such, the County’s planning and growth management activities will ensure flexibility to accommodate growth, while avoiding inefficient and costly development patterns. In addition, the County shall monitor the population and employment forecasts in accordance with the policies of Section 6.3 of this Plan.

Response/Comment: This policy recognizes that projections depend upon certain factors outside the County’s control and that there needs to be flexibility, provided that decisions avoid inefficient and costly development patterns. The proposed Draft Plan is directly adjacent to and surrounded by existing development. Additional development at this location is an efficient and logical continuation of that pattern within the Settlement Area boundary.

“2.2.3 Community Structure” “The Community Structure for the County is made up of the following areas:

a) Urban Settlement Areas (Section 2.2.3.1) – Urban Settlement Areas are further classified as:

i. Secondary Urban Settlement Areas (Burford, Cainsville, Mount

Pleasant/Tutela Heights, Oakhill/Airport, Oakland, Scotland and the Highway 403 and County Road 25 interchange employment area) – have either full or partial municipal services, or private water and sanitary sewage systems and are not intended to accommodate major commercial, residential, institutional, employment and recreational growth, but rather limited infilling, minor rounding out within the existing boundary of the settlement area and small scale intensification subject to the availability of appropriate servicing systems. Policies for the County’s Secondary Urban Settlement

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Areas are provided in Section 2.2.3.1.2. The Secondary Urban Settlement Areas are identified on Schedule A.

“2.2.3.1.2 Secondary Urban Settlement Areas The County’s Secondary Urban Settlement Areas have also been identified

based on their servicing capacity and ability to accommodate projected growth through development, redevelopment, and intensification opportunities. Although they have a land supply that can accommodate development, only parts of Cainsville and Oakhill/Airport have access to full County water and sanitary services.

In accordance with the growth and development objectives of this Plan, the

County shall promote development that is orderly, efficient and sustainable. The County’s Secondary Urban Settlement Areas shall not function as the main areas for growth and urban activities in the County.

The following policies shall apply to the County’s Secondary Urban Settlement

Areas:

a) All other Secondary Urban Settlement Areas have a built-up area that is made up of existing developed urban areas within the settlement area.

b) Secondary Urban Settlement Areas shall contribute to achieving the

County’s goals with respect to intensification, as established in Section 2.2.5.2 of this Plan, by accommodating limited infill development, and small scale intensification within the built boundary/built-up area, subject to the availability of appropriate servicing systems.

c) New residential development that is located outside the built boundary/built-

up area may be subject to the preparation and approval of an Area Study, in accordance with Section 2.2.4 of this Plan.

d) A mix and range of urban land uses and activities shall be permitted,

including residential, commercial, employment, office, institutional, entertainment, cultural, recreational, and open space uses. All development shall be consistent with and guided by the Servicing System policies in Section 5.2 of this Plan.

e) All development, redevelopment, and intensification shall be designed to

create high quality urban spaces and public open spaces that promote opportunities for walking and cycling.

k) Boundary expansions shall only occur as part of a Municipal

Comprehensive Review in accordance with Section 2.2.3.1.3 of this Plan.

Response/Comment: Tutela Heights is designated as a Secondary Urban Settlement Area. Development as proposed by the Draft Plan will be within the Settlement Area boundary and result in development that is orderly, efficient and sustainable. Development resulting from the proposed Draft Plan will contribute to meeting the County’s goals for intensification. The Draft Plan incorporates a high quality of design for spaces and will promote greater opportunities for walking and cycling.

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Later phases of the development on the East Lands will provide for an even greater mix and range of land uses and activities, but also involve an extension to the Settlement Area boundary. Thus, such changes would be subject to an Area Study in accordance with the policies of Section 2.2.2 of this Plan, and/or a Municipal Comprehensive Review, in accordance with the policies of Section 2.2.3.1.3. Compliance with the above would require a separate planning justification and supporting technical studies.

“2.2.3.1.3 Urban Settlement Area Expansions Urban Settlement Area boundary expansions shall only occur as part of a

Municipal Comprehensive Review of this Plan. A Municipal Comprehensive Review is an Official Plan review, which may be initiated at any time by the County of Brant. As part of the Municipal Comprehensive Review, it shall be demonstrated that:

As part of the Municipal Comprehensive Review, it shall be demonstrated that:

a) sufficient opportunities to accommodate forecasted growth are not available within the existing Urban Settlement Areas;

b) the expansion makes sufficient land available to accommodate growth over the horizon of this Plan;

c) the timing of the expansion and phasing of development shall not adversely

affect the achievement of the County’s intensification policies and the density target for the designated greenfield area;.

d) the proposed expansion is an efficient, sustainable, and logical extension of

the Urban Settlement Area and the existing or planned infrastructure, services, and facilities required to accommodate the proposed expansion can be provided in an environmentally sustainable manner and at no cost to the County;.

e) the land is physically suitable for development, considering any constraints

to development, including topography, hazard lands, natural heritage features, areas, and systems, and natural resources;.

f) where Agricultural Areas are included, they are lower priority agricultural

land, unless there are no reasonable alternatives to lower priority agricultural land. Specialty crop areas shall not be included within the proposed expansion

g) the transportation network can accommodate the additional volume of

traffic and demand for services;.

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h) a suitable plan for phasing, financing, and constructing of the infrastructure for the expansion is demonstrated.

i) there is an adequate supply of land designated Employment within or in the

immediate vicinity of the Urban Settlement Area to provide a minimum of one full-time job per three residents anticipated in the expanded area is an adequate supply of lands designated Employment to provide a minimum number of one full-time job per three residents within or in the immediate vicinity of the Urban Settlement Area.

j) the proposed expansion will not negatively impact cultural heritage

resources.

Response/Comment: As discussed previously, later phases of the development on the East Lands envisioned by the Concept Plan would involve an expansion to the Tutela Heights Secondary Urban Settlement Area boundary and would be subject to a Municipal Comprehensive Review. Although it is not the intent of this Plan to provide a policy by policy assessment as this would be done at that time through a comprehensive submission and review, it is our opinion that the East Lands represent the next logical location to consider an extension and future development in the community, after the Subject Lands and the Intervening Lands. Further, the type and range of uses envisioned by the Concept Plan would assist in achieving the creation of a more complete community for Tutela Heights.

“2.2.4 Area Studies

Growth and development on large tracts of vacant land within the County’s settlement areas and areas of settlement shall be preceded by and managed through the preparation of Area Studies. These studies may be incorporated into this Plan and shall be carried out in accordance with the provisions of the Planning Act and this Plan. Technical studies shall be prepared in support of the Area Study, as set out in this Plan. The preparation of Area Studies shall be subject to a formal public review and comment process in accordance with the requirements of the Planning Act and this Plan. The Area Studies shall establish land use designations and associated policies to serve as a guide for development.

Area Studies are anticipated by the County to be prepared primarily for lands within the Primary Urban Settlement Areas of Paris and St. George. Area Studies may also be prepared for lands within the Secondary Urban Settlement Areas. It is not anticipated that Area Studies will be prepared for lands outside of the Primary and Secondary Urban Settlement Areas within the planning horizon.

2.2.4.1 Criteria for the Preparation of Area Studies With respect to the preparation of Area Studies, the following County policies

shall apply:

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(a) The County may prepare or require a landowner/proponent to prepare an Area Study based on one or more of the following criteria:

i. the proposed development is located outside of the built boundary

or the existing built-up area of a settlement area, as identified in Section 2.2.5.1 and on Schedule A of this Plan; and/or

ii. the proposal requires the extension of County water or sanitary sewage services or infrastructure, roads, stormwater management facilities, or the establishment of communal water or sanitary sewage services.

2.2.4.2 Area Study Process The following policies outline the process for the preparation of area studies:

(a) At the outset of the Area Study process, key participants such as the Six Nations of the Grand and New Credit First Nations, and neighbouring municipalities, as appropriate, shall be notified. The Area Study process shall provide for the early involvement of the key participants in the planning process.

(b) Prior to the preparation of an Area Study, a detailed Terms of Reference shall be prepared by the County, or jointly between the landowner or proponent of development and the County, which establishes the specific details of the Area Study Process, including:

i. participants in the Area Study Process (including landowner groups,

consultants, and peer reviewers);

ii. general agreements and commitments established between the participants of the Area Study Process; and

iii. specific requirements of the Area Study, beyond the General Area Study Requirements outlined in Section 2.2.4.3.

(c) The cost of preparing an Area Study and any other required supporting

documentation shall be borne by the proponent. Costs incurred by the County for engaging peer review consultants to evaluate the proposal and supporting documentation shall also be borne, or reimbursed, by the proponent.

(d) Prior to the preparation of an Area Study, boundaries shall be established by the County based on common key infrastructure components such as water distribution system, trunk sewer lines, and stormwater management/sewage treatment facilities, with the approval of the County. Natural heritage features, areas, and systems, and mineral aggregate and petroleum deposits, shall also be considered when establishing Area Study boundaries. Boundaries of the area to be studied may extend beyond settlement area boundaries in order to fully evaluate the impacts of development on infrastructure and natural heritage, for example.

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e) The preparation of Area Studies shall involve a consultation process that involves land owners within the defined land affected by the Area Study. At least three public meetings shall be undertaken as part of the consultation process, including a meeting at the initiation of the Study, a meeting upon the preparation of a draft Area Study, and a Statutory Public Meeting in accordance with the Planning Act upon the presentation of the Area Study to Council.

(f) Area Studies shall be presented to the County in the form of a draft Official

Plan Amendment that incorporates the recommendations for land use, servicing, and financing, and identify where appropriate special policies should be included in the Official Plan.

(g) Area Studies shall be evaluated based on the general requirements outlined in Section 2.2.4.3 and based on the detailed Terms of Reference prepared as part of the Area Study Process.

Response/Comment: Although the proposed development is located in a Secondary Urban Settlement Area, the County may require a landowner/proponent to prepare an area study based upon the above criteria. There are no municipal sanitary sewage services in Tutela Heights and they are proposed to be supplied on a communal basis for this development, so an area study may be required. The above policies indicate the study shall serve to establish land use designations and polices and guide development. However, the Subject Lands are already designated “Urban Residential” and there are detailed policies under that land use designation to guide development. Further, the detailed planning, environmental and other background and technical studies that have been undertaken in support of the proposed development address the issues which Section 2.2.4.2 and 2.2.4.3 require to be addressed. Finally, this work is conducted at the expense of the applicant and at no cost to the County. This matter has been discussed between Walton and the County. The County has indicated that they would like to see a scoped area study that only addresses the lands within the Secondary Settlement Area boundary completed in support of this application. The study would also include consideration of the adjacent lands within the settlement area boundary not owned by Walton. As discussed previously, the Draft Plan and the supporting background and technical work and studies are intended to address the above requirements for an area study. The work undertaken in support of the Draft Plan considers the development potential of the Intervening Lands within the settlement area boundary and that these lands will not be prejudiced. The proposed Draft Plan shows this by overlaying a conceptual primary road pattern over adjacent lands to illustrate that the appropriate future connections are possible and that there are reasonable shaped and sized blocks retained for future development.

“2.3. NATURAL HERITAGE, POTENTIAL RESOURCE AND HAZARD

MANAGEMENT POLICIES 2.3.2 Natural Heritage Features, Areas and Systems

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2.3.2.1 Identification and Delineation of Natural Heritage Features

Many of the natural heritage features and areas addressed by this Plan (such as Provincially significant wetlands, hazard lands, and ANSIs) are relatively well understood, have been delineated, and are therefore shown on Schedule C of this Plan. Other features (such as unevaluated wetlands, and significant habitat of endangered species and threatened species) may not be well understood and have not been delineated by the Province, County or any other agency.

Where possible, natural heritage features and areas shall continue to be identified, delineated and refined in partnership with public agencies and private developers. With respect to the identification and delineation of natural heritage features and areas, the following policies shall apply: a) All natural heritage features, areas and systems shall be protected for the

long-term in accordance with the policies of this Plan and given due consideration in the development, redevelopment, and alteration of land.

b) Numerous natural heritage features and areas are not identified or delineated on the schedule mapping at this time. The policies protecting these features shall apply, notwithstanding the designation illustrated on Schedule A and the information provided by Schedule C.

c) The identification and delineation of natural heritage features and areas

shall also be determined and/or refined by the preparation of a detailed Environmental Impact Study (EIS), as required for development and site alteration proposals, in accordance with Section 2.3.2.2.

d) Where new, previously unidentified features are identified, they shall be

protected in accordance with the policies of this Section and the policies of the Natural Heritage System designation (section 3.16), as applicable.

e) Where possible, new natural heritage features and areas that are

identified, evaluated, and/or delineated shall be incorporated into Schedule A or Schedule C of this Plan.

f) The County shall pursue the concept of developing linkages between the

natural heritage features and areas for wildlife corridors and other environmental benefits, in accordance with the Natural Heritage Linkage Strategy policies in Section 2.3.2.5, and in recognition of the interconnectedness and interdependence of natural heritage features and areas, groundwater features, and surface water features.

2.3.2.2 Development and Site Alteration

The following policies apply to proposals for development and site alteration within natural heritage features and adjacent to natural heritage features:

a) The County shall ensure, in partnership with the Federal and Provincial governments, that Provincially significant natural heritage resources and

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locally significant natural heritage resources are protected from development and site alteration.

b) Development and site alteration within natural heritage features and adjacent to natural heritage features, shall only occur in accordance with Table 2.2 and the policies for Woodlands and Vegetation, including Significant Woodlands (Section 2.3.2.3), and the policies of the Natural Heritage System designation (Section 3.16).

c) Where permitted, development or site alteration proposed in or adjacent to a natural heritage feature or area (whether delineated or not as of the date of this Plan) shall require the completion of an Environmental Impact Study (EIS), prior to development or site alteration.

d) The completion of an EIS shall be subject to the requirements, standards and guidelines of the Ministry of Natural Resources’ Natural Heritage Reference Manual and any other requirements, standards and guidelines as established by the appropriate Conservation Authority. An EIS shall include but not be limited to, a review of the potential for significant habitat of endangered or threatened species as well as a review of the potential for any unevaluated wetlands to be considered significant.

e) Development or site alteration in, or on land adjacent to, natural heritage features and areas shall not be permitted unless it has been demonstrated to the satisfaction of the County that there shall be no negative impacts on the natural heritage features and areas that cannot be adequately mitigated. The extent of adjacent land shall be defined as indicated in Table 2.2.

f) Numerous natural heritage features and areas, such as the significant habitat of endangered and threatened species and significant wildlife habitat, are not identified on the schedule mapping at this time. These features may be identified through appropriate studies, such as a sub-watershed plan or an Environmental Impact Study (EIS). The policies protecting these features shall apply, notwithstanding the land use designations illustrated on Schedule A.

g) When considering proposals for development or site alteration, the County shall discourage the fragmentation of land parcels associated with natural heritage features, areas, and systems.

h) The County shall encourage opportunities that may arise with

development proposals to create new or expand existing habitats, regenerate natural vegetation, conserve natural landforms and functions in order to protect and enhance groundwater and surface water resources, and to promote environmental education and interpretation.

Response/Comment: The proposed Draft Plan was prepared based upon the premise of preserving the existing natural heritage features on the Subject Property and respecting the current Natural Heritage Features System designations. All of the streets,

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residential lots and land uses on the proposed Draft Plan have been sited so as to minimize the disruption or alteration of natural heritage features. A detailed Environmental Impact Study has been prepared by Stantec Consulting on behalf of Walton in support of the proposed Draft Plan. The study will address all identified and delineated natural heritage features in accordance with Section 2.3.2, as well as any new, previously unidentified features or those that are to be refined with completion of the EIS. The recommendations of the EIS will be adhered to with respect to protection and enhancement of natural heritage features, including development or site alteration in or adjacent to features to avoid/mitigate negative impacts, the establishment of appropriate setbacks and creating opportunities to improve upon linkages, create or recapture wildlife habitat, reduce fragmentation of land parcels associated with natural features and replanting and replacement of trees and vegetation lost to development.

2.4.2 HOUSING SUPPLY

The provision of housing is an essential part of planning in the County. However, there are many factors that affect supply and demand in the housing market, and only some of them can be managed by the County.

In accordance with Section 5.0 of this Plan, the County may influence the location, timing and scale of development through the provision of infrastructure, the review and approval of residential development proposals, and the phasing of development.

In addition, the County manages the supply of housing by encouraging the development industry to provide an adequate supply of the most appropriate mix of housing stock to meet the County's residential needs.

As such, the following shall be the policies of the County:

a) The County shall ensure that its housing supply is in accordance with the policies of the Growth Management Policies in Section 2.2.

b) The County shall ensure that an appropriate amount of land is designated for residential redevelopment and intensification so that at minimum, a ten year supply of housing is maintained at all times. The majority of the designated land shall be located within the County’s Primary Urban Settlement Areas.

c) Where new development is to occur in accordance with the Growth Management Policies, the County shall maintain a continuous three year supply of land with servicing capacity to accommodate a combination of draft approved and/or registered lots and blocks on plans of subdivision, or in the case of redevelopment and intensification, land appropriately zoned in the Zoning By-law.

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d) The County shall review on an annual basis the supply of vacant land designated for residential development in draft approved and/or registered lots and blocks on plans of subdivision against the objective to maintain a minimum continuous three-year supply.

e) The County shall evaluate residential proposals with the intent to achieve a mix of housing types and tenures.

h) The County shall work with proponents through the development approval process to create a variety of options with respect to housing type and tenure.

Response/Comment: The Housing Supply policies deal with specific requirements regarding housing supply, including the supply of designated lands and draft approved or registered lots and blocks with servicing capacity. However, the policies also recognize that some factors that affect supply and demand are outside the control of the County. The policies indicate that County may influence the location, timing and scale of development through the provision of infrastructure, the review and approval of residential development proposals and phasing of development. Further, the policies indicate that the County will work with proponents through the approval process to create options with respect to housing type and tenure. Therefore, the Housing Supply policies recognize that supply is not purely about numbers and that there needs to be flexibility and creativity on the part of the County to ensure an adequate supply as well as options to achieve the other objectives above. The proposed Draft Plan will contribute to the overall housing supply and will provide opportunities for more housing options than are currently available in Tutela Heights, such as type and tenure. The proposed Concept Plan also provides opportunities for an even broader range of housing types, tenures and mix of uses than are currently available in Tutela Heights. Also, the communal sanitary sewage system that is proposed by Walton shows a degree of flexibility and creativity as it presents an opportunity to allow development to proceed and contribute to the housing supply in a location that is designated for development but where it might not otherwise be possible to achieve due to physical and/or servicing constraints.

2.7.2 SITE SUITABILITY

Growth and development patterns in the County shall be planned to minimize negative impacts to adjacent land, the environment, and the public. Site suitability shall be considered for all development proposals in the County.

The following shall be the policies of the County when considering site suitability with respect to proposed development:

a) Prior to the approval of any development or amendment to this Plan, it shall be established to the satisfaction of the County and all other bodies having jurisdiction that:

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i. soil and drainage conditions are suitable to permit the proper siting of buildings;

ii. the services and utilities whether they are full, partial, or private, can adequately accommodate and sustain the proposed development, without resulting in unacceptable impact to the environment. Full or private communal water and sanitary sewage services shall be the preferred method of servicing development;

iii. the road system is adequate to accommodate projected increases in traffic;

iv. the land fronts on a public road which is of a reasonable standard of construction;

v. lot frontage and area is suitable for the proposed use and conforms to the standard required by the implementing Zoning By-law; and

vi. adequate measures shall be taken to alleviate or prevent any

adverse effects that the proposed use may possibly have upon any proposed or existing adjacent use or on the natural heritage features, areas, and systems.

Response/Comment: The Subject Lands comprising the proposed Draft Plan are already designated “Urban Residential” in the current Official Plan, as well as in the proposed draft Official Plan. Therefore, the suitability of site for residential development has already been comprehensively evaluated on several occasions to date as part of municipal comprehensive review and public process. However, to address the policies of Section 2.7.2, information has been provided as part of this application to confirm that: soils and drainage conditions exist for proper siting of buildings; adequate services and utilities can be provided to service development; that the lands fronts onto Tutela Heights Road (which is a public road of a reasonable standard of construction); and, that acceptable impacts will result on the natural heritage features. In addition, the lot frontages and areas of the proposed lots are suitable. Lastly, under the site suitability criteria, it states that full or private communal water and sanitary sewage services are the preferred method of servicing development. Municipal water and communal sanitary sewage is the proposed means of servicing for the Subject Lands.

“2.7.3 DEVELOPMENT COSTS

Development costs shall be managed to ensure development is orderly, efficient, and sustainable, and that land consumption and servicing costs are minimized. The cost of development shall be considered for all development proposals in the County.

The following shall be the policies of the County when considering development costs related to proposed development:

a) Development shall be permitted only in locations where demands on public services shall be minimized, or where it can most effectively utilize

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existing services, or where new services can be economically provided by the developer and maintained by the County.

c) In order to defray costs to the County associated with any development or redevelopment, the County may implement any or all of the provisions of the Development Charges Act, as amended.

e) In order to minimize the cost of community services and facilities provided by the County and other public agencies, no new development in the County shall be permitted in any location where it would contribute to a demand for community services and facilities, which are not economically feasible to provide, improve, or maintain.

g) Any costs associated with the planning approvals such as peer review, the preparation of Area Studies, and any additional supporting studies shall be borne by the proponent of development.

Response/Comment: In accordance with the policies of Section 2.7.3 regarding development costs, the proposed development is in an existing developed area where certain services are already available or close by. Therefore, demands on public services may be less than in other undeveloped/greenfield areas and given the existing or future local population base, the provision of such services should be efficient and economically feasible for the developer or the County to provide, improve or maintain. Proposed development will be subject to Development Charges which will defray the costs of providing growth related services and amenities. The background reports to meet the requirements for an Area Study and other additional supporting studies prepared by the applicant have all been done so without cost to the County. Similarly, the cost of any peer review required by the municipality is likely to be charged back to the applicant.

2.7.4.3 Public Parks and Open Space Linkages

A County-wide Natural Heritage Linkage Strategy, as introduced in Section 2.3.2.5, would reinforce the protection, restoration and enhancement of identified natural heritage features, areas, and systems, and will promote the overall diversity and interconnectivity of features, areas, and systems. Linkage opportunities will be explored through the development of a Trails Master Plan.

There is an opportunity within the County for the creation of public parklands and the identification of open space to contribute to the Linkage Strategy. Public parkland and open space can improve linkages between and among natural heritage features, areas, and systems.

As such, the following shall be the policies of the County, and shall enhance the Natural Heritage Linkage Strategy policies set out by this Plan: a) Land deemed by the County to be significant to or contribute to the

Linkage Strategy shall be retained in public ownership for the purpose of implementing a linked system.

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b) In addition to those options for the acquisition of land outlined in Section 6.11, the County may create linked open spaces through the integration of:

i. natural heritage features, areas, and systems; ii. abandoned rail lines in public ownership; iii. existing rights-of-way; iv. established and proposed service and utility corridors; v. existing parkland and open space; vi. sidewalks and pathways; vii. linkages provided through the draft plan of subdivision approval

process; viii. agreements with private land owners; ix. retention or acquisition of access easements; and x. land acquisition.

d) The County shall promote the integration and accessibility of community

uses including schools, County facilities, institutional uses, parks and open spaces and recreational uses through the Linkage Strategy.

e) The County shall require the provision of certain pedestrian, cycling and trail linkages through the development approvals process, in accordance with the policies of this Plan and associated Area Studies as approved by the County.

g) When dealing with Planning Act applications, the County shall actively encourage residential, commercial and industrial developers to connect with and provide opportunities to extend the community trail system.

Response/Comment: In accordance with the policies of Section 2.7.4.3 the proposed Draft Plan provides for linkages amongst the various natural features on the Plan. Further, the connectivity of the Plan is increased by way of several walkways connecting residential streets with other residential streets.

2.7.5 COMMUNITY AND URBAN DESIGN

It is generally acknowledged that safe and well-designed neighbourhoods contribute to the overall community health of the County. Community and urban design is essential for creating an accessible physical environment where people have the appropriate places to interact, live, work, visit and generally reside.

The policies of this Section relate to the built form and physical design of communities and buildings.

2.7.5.1 General Design Policies

The following shall be the policies of the County:

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a) The County shall seek to maintain and improve the physical design characteristics of the Primary and Secondary Urban Settlement Areas in the context of new and existing development, and shall promote a generally high quality of community design and built form.

b) To achieve excellence in community design through the review of development applications, including plans of subdivision, infill development proposals, site plans and other development proposals, the County shall:

i. ensure that new development is designed in keeping with the traditional character of the Primary and Secondary Urban Settlement Areas in a manner that both preserves their traditional community image and enhances their sense of place within the County;

ii. promote efficient and cost-effective development design patterns that minimize land consumption and make efficient use of existing services;

iii. promote the improvement of the physical character, appearance and safety of streetscapes, civic spaces, and parks;

iv. encourage community and development design patterns that promote pedestrian movement through pedestrian friendly design, such as pedestrian-scaled streets, sidewalks, trails and a well-connected street network;

v. encourage cycling through the provision of bicycle lanes and cycling trails, where appropriate;

vi. encourage the provision of facilities that promote cycling and

walkability, specifically within the County’s Urban Settlement Areas;

vii. encourage tree retention or tree replacement; and

viii. encourage design that considers, and wherever possible continues, existing and traditional street patterns and neighbourhood structure.

d) Wherever possible, new development shall be oriented toward streets or parks. Development design that establishes reverse lotting on County roads or requires features such as noise attenuation or privacy fencing shall generally be discouraged. However, reverse-lotting may be permitted along Urban Residential Collector Roads, Urban Employment Collector Roads, Urban Arterial Roads, Rural Arterial Roads and Rural Collector Roads at the discretion of the County and subject to the provision of uniform noise attenuation or privacy fencing and a suitable maintenance program to the satisfaction of the County, which may include 100 percent of the replacement costs.

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e) The County shall require that intensification and infill developments be scaled and designed in a manner that is compatible with the surrounding built environment and in order to enhance the character of the area.

i) A high quality of park and open space design shall be strongly encouraged. The land for parkland dedication shall be carefully selected to facilitate its use as a central focal point for new or existing neighbourhoods.

l) The County shall encourage development design that considers the principles of Crime Prevention through Environmental Design (CPTED). Specifically, the County shall encourage proponents of new development to situate buildings on lots to maximize natural surveillance and to use appropriate lighting to deter crime

Response/Comment: The proposed Draft Plan utilizes established community design principles that promote a high quality of design and built form and strives to create well-designed neighbourhoods intended to be safe, livable, connected, accessible, visible and viable. The Draft Plan provides development that is compatible and in keeping with the traditional character of the community. It continues existing street patterns and the general neighbourhood structure, yet provides opportunities to provide a slightly broader mix of uses and densities. The proposed development is an extension of the existing development and it will therefore make use of existing services and be efficient and cost effective to deliver new or expanded services. The Draft Plan encourages opportunities to increase pedestrian movement and cycling. Development is oriented towards streets.

3.5 SUBURBAN RESIDENTIAL

3.5.1 INTENT

The County’s Suburban Residential designations applies to certain land within the Secondary Urban Settlement Areas except for Cainsville which is not on partial or private services .

The intent of the Suburban Residential designation is to recognize existing clusters of suburban development within the County and to provide policies that will ensure efficient and orderly future growth. Lands designated Suburban Residential will function predominantly as low density residential areas.

3.5.2 PERMITTED USES

The following policies shall apply in determining uses that are permitted on land that is designated Suburban Residential:

a) The predominant use of land in the Suburban Residential designation shall be for low density residential dwellings, including single detached

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dwellings, semi-detached dwellings, duplex/triplex/fourplex dwellings and converted dwelling units containing two or more dwelling units.

b) Institutional uses that support residential neighbourhoods shall be permitted in the Suburban Residential designation, including libraries, public and private educational facilities, and places of worship.

Response/Comment: The Subject Lands will be designated “Suburban Residential.” The proposed land uses and form of development are permitted by the designation and are consistent with the intent of the designation

3.5.3 LAND USE POLICIES

The following policies apply to all lands designated Suburban Residential:

a) Development on partial systems will be limited to infilling or minor rounding out of existing development on partial County services in accordance with the servicing requirements in Section 5.2.3 of this Plan.

b) Where new residential development is proposed for undeveloped land, the development shall connect to municipal water supply and/or sewage disposal systems, where they exist. Where such development is proposed, existing water and sanitary sewer systems shall be capable of accommodating the proposed development project, or the proponent shall commit to extending services at no cost to the County.

c) In addition to other policies of this Plan, new development, redevelopment, and intensification within the Suburban Residential designation, including applications to amend the County’s Zoning By-law in order to permit a proposed development, shall be subject to the following criteria:

i. a report on the contribution of the proposed development towards the County’s intensification goals or Density Target may be required by the County;

ii. the height and massing of the buildings at the edge of the proposed development project shall have regard to the height and massing of the buildings in adjacent areas and may be subject to additional setbacks and design elements, or landscaping to provide an appropriate transition;

iii. a report on the adequacy of the road network to accommodate the expected traffic flows and the adequacy of water and sewer services may be required by the County;

iv. the proposed development project shall be adequately serviced by parks and educational facilities;

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v. the proposed development project shall be designed and landscaped, and buffering may be required, to ensure that the visual impact of the development on adjacent uses is minimized; and,

vi. all required parking shall be provided on-site. Cash-in-lieu of required parking shall not be accepted by the County.

Response/Comment: The proposed development is within a Secondary Settlement Area boundary and is adjacent to or surrounded by development on three sides. There is no existing municipal sanitary sewage system in which to connect to. The applicant has proposed an alternative in the form of a communal sewage treatment system that will be built by the developer at no cost to the City. Given the increased density on the Subject Lands, as compared to the existing surrounding development in Tutela Heights, the proposed development will assist the County in meeting its intensification target or density target. The proposed Draft Plan provides for development that is of a density, height and character that is compatible with existing adjacent uses. The height and massing of buildings at the edge of the proposed development will be consistent with that on adjacent lands. Any visual impact of the proposed development on adjacent land uses may be addressed or mitigated through siting, landscaping or buffering. It has been determined through this report as well as the other supporting documents that the proposed development can be serviced in terms of parks, municipal water, communal sanitary sewage services, existing road network, traffic flows and educational facilities.

3.4.4 LOW DENSITY URBAN RESIDENTIAL POLICIES

Low Density Urban Residential development shall be permitted in the Urban Residential designation, subject to meeting the following density and locational requirements:

a) Low Density Urban Residential development shall be limited to single detached dwellings, semi-detached dwellings, duplex dwellings, and converted dwellings containing no more than two dwelling units.

b) The maximum density of new Low Density Urban Residential development shall not exceed 20 units per net hectare.

c) Access to new Low Density Urban Residential development shall be by local or collector roads.

d) Proposals for new Low Density Urban Residential development may be

subject to a subdivision agreement and the use of holding zones, in accordance with the policies of Section 6.0 of this Plan.

e) New development shall be phased in accordance with the Allocation and Phasing of Servicing policies in Section 5.2.2 of this Plan, with

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subsequent phases being permitted after building permits have been issued for 50 units.

Response/Comment: The units on the Draft Plan are limited to single detached dwellings and the proposed condominium block. The density of the proposed development is well under 20 units per net residential hectare. Access to the development is by way of both local and collector roads. An application for Draft Plan of Subdivision has been made and will likely require the applicant to enter into a Subdivision Agreement.

“3.16 NATURAL HERITAGE SYSTEM

3.16.1 INTENT

The Natural Heritage System designation applies to land that has been identified by the County, a local Conservation Authority, or the Ministry of Natural Resources as:

a) significant habitat of endangered species and threatened species; b) significant wetlands; c) hazardous sites; and d) hazardous lands - flooding hazard (except where a Special Policy Area

has been approved) or erosion hazard. Generally, these areas are designated Natural Heritage System on Schedule A and are illustrated on Schedule C. Locational information on the habitat of endangered species and threatened species is not included on Schedule A or Schedule C in order to protect these areas from human disturbance.

In addition to the policies of this Section, the Natural Heritage policies of Section 2.3 of this Plan also apply.

3.16.2 PERMITTED USES

Subject to the applicable strategies as set out in Section 2.0, and other policies of this Plan, the following policies shall apply in determining uses that are generally permitted on land that is designated Natural Heritage System:

a) The primary form and predominant use of land in the Natural Heritage System designation shall be limited to conservation uses, fish and wildlife management areas, and passive open space uses, such as trails and bike paths.

c) All permitted uses shall be determined in consultation with the appropriate Conservation Authority, and the Ministry of Natural Resources.

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e) Development and site alteration, including aggregate extraction, shall not be permitted on land that is designated Natural Heritage System, except in accordance with the policies in Sections 3.16.3, 3.16.4 and 3.16.5..

f) New utilities or facilities such as roads, sewer or water lines shall be located outside of the Natural Heritage System designation. No utility structures, including communications towers, shall be located within the Natural Heritage System designation.”

3.16.4 SIGNIFICANT WETLANDS

Significant wetlands have been identified and delineated by the Ministry of Natural Resources and form part of the Natural Heritage System designation on Schedule A and are also shown on Schedule C. The following policies shall apply to significant wetlands:

a) All unevaluated wetlands in the County should be assessed, if not already done so, in order to determine if they are significant, prior to any development proposals being approved.

c) Development or site alteration shall generally not be permitted on land within 120 metres of a significant wetland unless an Environmental Impact Study demonstrates there will be no negative impacts on the natural features and the ecological or hydrologic functions that sustain them, to the satisfaction of the County. Written permission from the applicable Conservation Authority shall also be required.

e) Significant wetlands shall be protected according to the policies of this Plan through the County Zoning By-law.

3.16.6 HAZARDOUS LANDS

Lands identified by the County and a Conservation Authority as having the potential to be hazardous due to flood prone areas and floodplains, have been designated Natural Heritage System and the following policies shall apply.

The portions of the Natural Heritage System designation that are flood prone and flood plains and the associated steep valley slopes are based upon mapping supplied by the Grand River Conservation Authority and the Long Point Region Conservation Authority.

In the absence of more detailed mapping regarding flood hazards, the land lying between the more restrictive of the flood line or the defined top of bank and a watercourse, as shown on Schedule A and Schedule C, shall be considered Flood Prone Areas and therefore subject to further restrictions and controls, as outlined in the following policies.

a) Hazardous lands which are not identified as a Special Policy Area have been identified and delineated by a Conservation Authority or the County

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of Brant and are illustrated on Schedule C. These lands are also included within the Natural Heritage System designation, which is illustrated on Schedule A of this Plan. All the lands identified as hazardous lands are subject to the policies of Section 3.16 of this Plan.

b) An amendment to this Plan shall not be required for changes in the flood line boundary where it is deemed to be suitable for development after consultation with the appropriate Conservation Authority having jurisdiction over the watercourse. In such cases the adjacent land use designation and all of the applicable policies shall apply.

c) An amendment to this Official Plan is not required to remove the flood line as long as the changes are deemed to be suitable to the County after consultation with the appropriate Conservation Authority and the proposed use of the land is in conformity to the adjacent land use designation. Requests for land use changes shall be given consideration after taking into account:

i. the existing environmental hazards; ii. the potential impacts of these environmental hazards; iii. the proposed methods by which impacts may be overcome in a

manner consistent with accepted engineering techniques and resource management practices; and

iv. the costs and benefits in monetary terms of any engineering works and/or resource management practices needed to overcome these impacts.

e) Development and site alteration is not permitted within the flood prone

and flood plain areas identified on Schedule C except for the following uses:

i. uses which by their nature must be located within the floodway; ii. flood and/or erosion control works; iii. minor additions and/or non-structural passive/agricultural uses,

where appropriate, which do not affect flood flows; and iv. other uses and activities where written permission from the

appropriate Conservation Authority has been obtained.

Response/Comment: Portions of the Subject Lands designated Natural Heritage Features System have been identified due to the existence of either “Significant Wetlands” or “Hazardous Lands”. These identified lands are intended to be protected and used only in accordance with Provincial and municipal policies, including the policies of this Plan and shall require consultation and permission of the applicable Conservation Authority. The EIS prepared on behalf of Walton limits development and activities either within and adjacent to these identified features or recommends setbacks to prevent damage or to mitigate against impacts. Measures to protect the natural heritage features and establish the required setbacks or buffer zones shall be established through the implementing Zoning By-law Amendment.

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“5.0 Infrastructure, Services, and Facilities 5.2 Servicing Systems 5.2.1 Servicing Hierarchy

A hierarchy of sewage and water services in the County is provided in Table 5.1. The servicing hierarchy provides guidance with respect to planning for sewage and water services. It identifies the areas of the County’s Community Structure, their respective preferred servicing systems, and provides direction for servicing to accommodate growth. The Servicing Hierarchy prioritizes and directs development to areas of the Community Structure, in accordance with the Growth Management policies in Section 2.2.

“In support of an in accordance with the servicing hierarchy, the following shall be the policies of the County:

b) Partial or private services shall continue to provide the primary means of

water and sanitary sewage systems within the Secondary Urban Settlement Area boundaries, until it is financially feasible to extend full County services as required to accommodate projected growth and development within the planning horizon.”

“5.2.3.3 Partial Servicing Requirements

The following policies shall apply to areas of areas of the Community Structure that are partially serviced:

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a) Partial services shall only be permitted in the following circumstances:

i. Where they are necessary to address failed individual on-site sewage disposal systems in existing development;

ii. Within Secondary Urban Settlement Areas, to allow for infilling and minor rounding out of existing development on partial County services provided that:

1. The development is within the reserve system capacity of the County’s potable water system; and,

2. Site conditions are suitable for the long term provision of such services.

b) Subject to policy (a) above, partial services shall continue to provide the primary means of water supply and sanitary sewage disposal within the Secondary Urban Settlement Area boundaries, until it is financially viable to extend full County services as required to accommodate projected growth and development within the planning horizon.

g) If a site is located in an area where a public sanitary sewage system is

not readily available or is not intended, development may take place on individual on-site sewage treatment systems or on private communal sewage treatment systems in accordance with Provincial Policy.

h) Where a private communal water or sewage system is proposed, the County may restrict the type, make or model, and installation of the system to one that is acceptable to the County.

i) Where a private communal water or sewage system is proposed, the property owner shall own the system or shall make alternative ownership arrangements that comply with the Ministry of Environment requirements. Any development proposing a communal servicing system shall satisfy the requirements of the Ministry of Environment and subject to any necessary financial and/or responsibility agreements.

k) Nothing in this plan shall be construed to be interpreted that the County is a supporter of communal systems and will enter into a responsibility agreement for the long term maintenance of any communal system.

Response/Comment: Tutela Heights is a Secondary Urban Settlement Area identified as having partial services and the policies indicate that partial services will continue to be the primary means of servicing until it is financially feasible to extend full County services. Where public sanitary sewage is not readily available or intended, the policies allow development to take place on private communal sewage treatment systems in accordance with Provincial Policy. The Subject Lands are able to be serviced by a communal system at minimal expense to the municipality and existing taxpayers. The type, make, model and installation of the system shall be in consultation with the municipality, Ministry of Environment and Walton’s engineering consultant. The ownership of the system and any necessary financial or responsibility agreements will also be completed to the satisfaction of

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the County and the Ministry of the Environment. The proposed Draft Plan is adequate to accommodate the proposed communal method of servicing as outlined by Walton’s engineering consultant.

5.7 County of Brant Zoning By-law 110-01 The County of Brant Zoning By-law 110-01 is the comprehensive zoning by-law for the County, including Tutela Heights. As shown on Schedule A, Map No. 78, to Zoning By-law 110-01, the Subject Lands are zoned a combination of h-h-5-VR, EP, A and VR. The majority of the lands fall into the h-/h-5-VR category which is a “Village Residential” category subject to a special holding zone provision. The holding zone provision can be lifted once the Owner for the subject lands has entered into a Subdivision Agreement or Development Agreement with the County of Brant. The Village Residential zoning category permits single detached dwellings, residential home occupations, existing duplex or converted dwellings, existing place of worship, elementary school, accessory use, public park or a public use. The zone requirements for residential uses on municipal water require, among other matters, a minimum lot area of 1,000 m2, minimum frontage of 23.0 metres and maximum lot coverage of 30%. The Zoning By-law will have to be amended to accommodate certain changes to the existing performance standards, such as the minimum lot frontage and lot area. The current standards reflect the fact that existing dwellings in the community are on private sewage systems and as such require larger lots. Whereas, the proposed development will be serviced by the communal sewage treatment system and can accommodate more compact lots. A zoning amendment application, including a draft Zoning By-law to reflect the proposed performance standards, will be prepared at a later date. The Agricultural Zoning designation (A) permits a wide range and number of agricultural, farm or rural type uses as listed in 5(2) of the By-law. The EP zone permits an existing agricultural use, boat dock, boat ramp, conservation uses, parks, public uses, wildlife management and the works of a Conservation Authority. The lands that are currently zoned “A” and intended for development will have to be rezoned to the Village Residential designation, likely with a special exception.

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6.0 CONCLUSION 6.1 The Future Shape of Tutela Heights and the Relationship to the Walton Lands It is understood that the municipality, in carrying out is long-term planning, must conform to Provincial policy directives. Specifically, Places to Grow places substantial importance on limiting growth on the basis of broadly based population and employment projections, rather than on the equally important principles of complete communities and logical settlement area principles. This planning justification report has been prepared in recognition of the limitations of the Provincial approach to long-term growth management, and with a focus on the benefits the proposed development could provide based on a more logical, and area-specific approach to planning. The various lands owned by Walton in the Tutela Heights area include several separate parcels as described in previous sections. They are all located relatively close to one another and share the same or very similar physical attributes. Some are subject to different land use designations, planning policies and zoning as certain portions are located within the settlement area and others are not. Despite the different planning policy context and regulations, it is difficult from a physical planning perspective to look at these properties individually or at one in isolation as they are all adjacent or proximate to one another and really part of the same community. Further, these parcels are all linked to one another by a series of natural features and open spaces. In looking at the current location, shape and limit of development in the Tutela Heights community and its proximity to the East Lands and the Intervening Lands, it makes sense for several reasons to look beyond the current boundaries of the settlement area and ensure that future development there will be compatible with existing development and how it might possibly be integrated in the future when boundary expansion occurs. This involves looking at not only the Subject Lands, but also considers all of the West Lands, the East Lands and the Intervening Lands together and the future relationships among them. The intent in preparing the proposed Concept Plan was to look at all these lands in a comprehensive manner and to illustrate in a preliminary fashion that development can occur on the Subject Lands now (or shortly) and that it will be compatible with and not prejudice the future development of adjacent lands in terms of land use, housing forms, servicing, parks, community facilities and amenities, natural features and open space linkages, connectivity of roads, pathways and sidewalks. The proposed Concept Plan is successful in illustrating that It is important to also look beyond the existing land use designations, the analysis of housing supply and demand and the policies pertaining to boundary expansion and settlement areas in order to assess, from a purely physical point of view, what might be a reasonable location for future growth of Tutela Heights. This might include examining the historic shape of the community, its evolution over time, potential directions of growth and any man-made or natural limitations which would preclude or redirect growth.

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Based upon our review, development of the Intervening Lands and then the East Lands consistent with the Concept Plan would represent a very logical, orderly and efficient sequence for any future development following the development of the Subject Lands. These lands are directly adjacent to existing development on Rue Chateaux Terrace, Davern Road, Tutela Heights Road and Westlake Boulevard/Ruijs Boulevard and their development represents a logical eastward sequence for new development. As well, existing natural features in the area prohibit residential expansion in the Tutela Heights community to the north Tutela Heights to the north (Grand River) and to the south (Grand River Tributary). Thus, the remaining option for current and future expansion of Tutela Heights is to the east. Eastward extension of the Tutela Heights community as shown on the Concept Plan would bring three existing homes on the south side of Tutela Heights Road just east of Davern Road that are currently located just outside of the settlement area boundary to within the boundary of the community. When entering Tutela Heights from the east along Tutela Heights Road these are the first structures that one encounters coming into the community and it is clear that they are part of it, despite being outside of the policy boundary. Both the current and draft Official Plan show a new connector road to the east of the existing settlement area boundary. The purpose of the road is to provide another connection between Tutela Heights Road and Phelps Road. Although this road location is shown conceptually in the Official Plan, it represents a very logical choice as it is close enough to the existing settlement area but the specific location minimizes the length of road that has to be constructed between Tutela Heights and Phelps Road. Also, where the road intersects with Phelps Road avoids a crossing of the larger Grand River tributary, meaning that it would have less impact on the natural heritage feature system and come at a lower cost than if it were constructed further to the west. The proposed connector road location also borders the eastern boundary of the East Lands and therefore it is at an appropriate location within the larger area under the Concept Plan. The road location also benefits the proposed Concept Plan and future development in that area in that it provides opportunities to connect the local collector roads shown on the East Lands into the proposed connector road and properly complete those roads rather than have them dead end or terminate into an agricultural area. Also, by being located on lands under the control of private development interests with development potential attached to those lands, it provides some opportunities to off-set municipal expenditures. From a physical perspective, the location of this proposed connector road provides a logical settlement boundary for future development of Tutela Heights. Regardless of the timeframe, by having development extend eastward and finish at the proposed connector road, it represents a very orderly flow and sequencing for future development for the West Lands and then the Intervening Lands and the East Lands. The use of the road as an eastern boundary for the community brings existing development that currently functions as part of the community within its boundaries, provides for a sensible rounding out of the settlement area and results in a more complete community. The road is also a hard, defined boundary that is very defensible.

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6.2 Merits of Proposed Plans for the Tutela Heights Community The proposal for the Subject Lands, as well as possible later development of the East Lands and the Intervening Lands all have merit in our opinion in that there would be a range of positive impacts that will accrue for the Tutela Heights community from a social, physical, economic, environmental and infrastructure perspective. In outlining these merits, we have referred to the general merits of the “proposed plans” for the community rather than to the specifics of the Draft Plan or the Concept Plan or to specific Walton holdings. The proposed plans have merit in that they:

• focus and direct additional development in the County to a designated settlement area with existing homes, population and partial services

• incorporate a broader range of lot sizes and lot frontages into the Tutela Heights community, as well as flexibility afforded by the proposed condominium block

• provide an opportunity to incorporate increased densities into Tutela Heights and more affordable forms of housing

• introduce over the longer term additional land uses that do not currently exist in the Tutela Heights community, including retail and service commercial uses

• create clusters of residential uses nestled beside natural features in order to create a more natural and aesthetically pleasing environment

• retain and protect the natural features that exist, providing buffers and setbacks

from development and ensuring long term preservation

• retain as much of the existing topography as possible by locating and orientating housing sites and roads to minimize cutting and filling

• retain and incorporate a number of large woodlots and hedgerows into the community

• include several recreational components over the longer term, including a major park, parkettes and open space/trail system that may be utilized by community

• provides opportunities to introduce into Tutela Heights locally based jobs and

employment (where very few exist) over the longer term

• provides opportunities for additional non-residential based assessment and taxes over the longer term, as well as increases in local spending;

• provides opportunities to increase municipal tax revenues or off-set municipal

spending from related development charges, levies and funding

• provides an opportunity to improve, upgrade or establish local infrastructure in Tutela Heights in conjunction with area development;

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• provides for an opportunity to establish the planned connector road (shown in the OP) between Tutela Heights and Phelps Road; and,

• considers adjacent lands through a comprehensive community design to address future development potential, road connections and land use relationships.

6.3 Summary of Conclusions and Recommendations In summary, the conclusions and recommendations of this planning justification report are as follows:

• The Subject Lands are designated in both the current and Draft Official Plans for residential development;

• The proposed Draft Plan proposes the development of a residential subdivision in an identified settlement area that is intended to accommodate future growth;

• The background and technical studies prepared in support of the Draft Plan address the matters that are supposed to be addressed through the submission under both Official Plans;

• The background and technical studies also confirm that the Draft Plan provides

for an appropriate layout and design in terms of the location and orientation of streets, residential lots and various other land uses, that it can be adequately and efficiently serviced and that it provides for adequate protection, enhancement and integration of various natural features and open spaces;

• The proposed Draft Plan provides for development, including built forms, densities and building heights, that are compatible and consistent with existing development and the character of the community and that represents a logical and viable extension of existing development onto lands directly adjacent;

• The creation of between 202 and 212 dwelling units comprised of a variety of lot sizes and tenures to meet future anticipated demand for housing in Tutela Heights and will provide greater range of housing options and choice over what currently exists there today, which in turn may create additional market growth and demand that does not currently exist

• The development of the proposed Draft Plan on the Subject Lands meets the policies of the current and draft Official Plans with respect to the planning process, growth management, settlement areas, intensification, community structure, subdivision and urban design, housing, densities, natural heritage features, servicing, site alteration and the cost of development and other policies.

• The proposed development of the Subject Lands is consistent with the policies and intent of the Planning Act, the Provincial Policy Statement, the Places to Grow Growth Plan and both the current and draft County of Brant Official Plan and represents good planning.

• The preparation of the Concept Plan for the West Lands, East Lands and the Intervening Lands is appropriate in order comprehensively evaluate the potential

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impacts and benefits to the community from the Draft Plan. The Concept Plan illustrates that the future use, development and enjoyment of the adjacent properties will not be prejudiced by creating incompatible situations and that opportunities for future connections, linkages, shared facilities and amenities are provided.

• From a physical perspective, the inclusion of the west and east parcels and the intervening lands within the Tutela Heights Secondary Settlement Area boundary at some point in the future would represent a reasonable and orderly extension of the current settlement area. The establishment of the proposed collector road as shown on both Official Plans would have great benefit for the community and provide for a logical and defensible east settlement area boundary and rounding out of the community.

• It is recommended that the County undertake a municipal comprehensive review or authorize Walton to undertake a comprehensive review to examine an extension to the Tutela Heights Secondary Settlement Area to include the east and west parcels and the intervening lands. As shown by the proposed concept plan for these parcels, there appears to be merit in preparing a comprehensive plan for all of Tutela Heights and including these additional lands as it shows that they would provide for a more complete, well-rounded and developed community and as such, represents good planning.

APPENDIX A Draft Plan of Subdivision

G R A N D

BELL

8

129

6

10

33

2925

2117

139

5

33

29

39

6

10

14

18

22

26

30

34

36

279

133

12

14

16

18

20

22

24

27 28

29 30

31 32

3334

37

36

39

38

41

40

42

25

53 5559

63 71 7579

87

6064

68 7076

7890

94

42 52

85

46

4856

95

105 107

75

R I V E R

COUNTY of BRANT

PROPOSED SUBDIVISIONDRAFT PLAN of

(Geographic Township of Brantford)

PART of the STEWARTand RUGGLES TRACT

LEGEND

NOTES

ADDITIONAL INFORMATION REQUIREDUNDER THE PLANNING ACT

SURVEYOR'S CERTIFICATE

OWNERS AUTHORIZATION

UNITS

AREA TABLE

ROAD LENGTH

TUTELA HEIGHTS ROADS

TRE

ET

C

STR

EE

T A

STR

EE

T B

STR

EET D

STR

EET E

STREET G

STR

EE

T F

Block 174Walkway

0.06ha

1

2

34

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

2425

26

27

28

29

30

31

32

33

3435

36373839404142

43

44

45

46

47

48

49

50

51

52

53545556

57

58

59

60

61

62

63

64

65 6667

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83

85

86

878889

113

114

115

116

117

118

119

120

121

108

109

110

111

112

9394

95 96 97 98

99

101

102

103

104

105

106

126125

124123

122

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148 149 150 151 152 153

154

155

156

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

84

107

909192

100

157

APPENDIX B Tutela Concept Plan

Park

Park

Park

Park

Proposed

Commercial8 ha

Tutela Concept PlanWalton International Group

March 2, 2010

All Phases

Legend

Existing Residential

Proposed Residential

Commercial

Parkland

Natural Hazards

Wooded Area

Signi�cant Wetlands/Floodplains

Environmental Bu�er

Storm Water Management Facilities

Boundary of Walton Lands

Secondary Urban Setttlement Boundary (County of Brant OP)

Park

Notes:1. Typical lot depths are 32m-35m;2. Lot depths on Slope Lands are 35m to 45m;

3. Environmental features and constraints are based on Existing Environmental Features provided by Stantec (Jan 27, 2010) and County of Brant’s O�cial Plan Schedule ‘A-6’ Tutela Heights Land Use Plan.

Existing

N

Development Statistics for Phase 1*

Land Area 36.92 ha

Saleable Frontage 3,865 metres

Road Length 3,430 metres

* Development Statistics are calculated only within Walton Lands.

Frontages are calculated at 95% to account for lotting ine�ciencies and exterior side yard setback requirements.

Development Statistics for Phase 3*

Land Area 37.11 ha

Saleable Frontage 4,486 metres

Road Length 3,583 metres

* Development Statistics are calculated only within Walton Lands.

Frontages are calculated at 95% to account for lotting ine�ciencies and exterior side yard setback requirements.

Development Statistics for Phase 2*

Land Area 33.63 ha

Saleable Frontage 3,170 metres

Road Length 2,330 metres

* Development Statistics are calculated only within Walton Lands.

Frontages are calculated at 95% to account for lotting ine�ciencies and exterior side yard setback requirements.

Development Statistics for Phase 4*

Land Area 40.62 ha

Saleable Frontage 3,024 metres

Road Length 2,572 metres

* Development Statistics are calculated only within Walton Lands.

Frontages are calculated at 95% to account for lotting ine�ciencies and exterior side yard setback requirements.

Development Statistics for all Phases*

Land Area 148.28 ha (366.41ac)

Saleable Frontage 14,343 metres

Road Length 11,082 metres

* Development Statistics are calculated only within Walton Lands.

Frontages are calculated at 95% to account for lotting ine�ciencies and exterior side yard setback requirements.

Phase 1