OFFICIAL PLAN AMENDMENT

AND

SECONDARY PLAN

FOR THE

BOX GROVE PLANNING DISTRICT

AMENDMENT NO. 92

This Official Plan Amendment was adopted by the Corporation of the Town of Markham, By-law No. 2002-138 in accordance with the Planning Act, R.S.O., 1990 c.P.13, as amended, on the 26th day of June, 2002.

______________________________ _____________________________

TOWN CLERK MAYOR

Clause 10, Report No. 40, 2002

2002-138

Being a by-law to adopt Amendment No. 92 to the

Town of Markham Official Plan (Revised 1987), as amended,

which also incorporates Secondary Plan (PD18-1)

THE COUNCIL OF THE CORPORATION OF THE TOWN OF MARKHAM IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 17 AND 21 OF THE PLANNING ACT, R.S.O. 1990, c.P. 13, HEREBY ENACTS AS FOLLOWS:

1. That Amendment No. 92 to the Town of Markham Official Plan (Revised 1987) as amended, attached hereto, is hereby adopted.

2. That this by-law shall come into force and take effect on the date of the final passing thereof.

READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS

26^TH DAY OF JUNE, 2002.

______________________________ _____________________________

TOWN CLERK MAYOR

OFFICIAL PLAN AMENDMENT

AND

SECONDARY PLAN

FOR THE

BOX GROVE PLANNING DISTRICT

AMENDMENT NO. 92

TO THE

OFFICIAL PLAN OF THE

TOWN OF MARKHAM

(REVISED 1987) AS AMENDED

JUNE 2002

TABLE OF CONTENTS

CONSTITUTIONAL STATEMENT

PART 1: THE INTRODUCTION

1.0	PURPOSE	2
2.0	CONTEXT	2
3.0	APPROACH	6
4.0	DESCRIPTION OF THE PLAN	8
5.0	BASIS OF THE OFFICIAL PLAN AMENDMENT	10
PART II: THE AMENDMENT
PART III: THE SECONDARY PLAN
1.0	INTRODUCTION	17
2.0	PURPOSE OF THE SECONDARY PLAN	17
3.0	LOCATION	17
4.0	GOAL, PRINCIPLES AND OBJECTIVES	18
4.1	GOAL	18
4.2	PRINCIPLES	19
	4.2.1 The Existing Community of Box Grove	19
	4.2.2 The Residential Neighbourhoods	19
	4.2.3 The Employment Area	20
	4.2.4 The Public Realm	20
	4.2.5 The Road Network	21
4.3	OBJECTIVES	22
	4.3.1 Land Use	22
	4.3.2 Residential Development	22
	4.3.3 Employment	22
	4.3.4 Commercial Development	22
	4.3.5 Parks and Open Space	23
	4.3.6 Community Facilities	23
	4.3.7 Natural and Heritage Features	23
	4.3.8 Urban Design	23
	4.3.9 Transportation	23
	4.3.10 Municipal Services	24
	4.3.11 Plan Implementation	25
5.0	LAND USE DESIGNATIONS AND POLICIES	25
5.1	POLICIES THAT APPLY TO ALL LAND USES	25
5.2	LAND USE DESIGNATIONS - RESIDENTIAL DISTRICT	27
	5.2.1 General Residential Policies	27
	5.2.2 Urban Residential - Low Density Housing I	28
	5.2.3 Urban Residential - Low Density Housing II	30
	5.2.4 Community Amenity Area - Village Centre	30
	5.2.5 Community Amenity Area I	31
	5.2.6 Community Amenity Area II	31
5.3	LAND USE DESIGNATIONS - EMPLOYMENT DISTRICT	32
	5.3.1 General Employment Area Policies	32
	5.3.2 Business Park Area	32
	5.3.3 Business Corridor Area	33
5.4	LAND USE DESIGNATIONS - TRANSPORTATION AND UTILITIES	33
	5.4.1 Transportation and Utilities	33
5.5	LAND USE DESIGNATIONS - OPEN SPACE SYSTEM	33
	5.5.1 General Open Space System Policies	33
	5.5.2 Parkland	35
	5.5.3 Environmental Protection Area - Woodlot	37
	5.5.4 Environmental Protection Area - Hazard Lands	37
	5.5.5 Environmental Protection Area - Minor Tributary	38
5.6	SPECIFIC LAND USE POLICIES	38
	5.6.1 Schools	38
	5.6.2 Places of Worship	40
	5.6.3 Day Care Centres	40
	5.6.4 Cultural Heritage	40
6.0	INFRASTRUCTURE POLICIES	41
6.1	TRANSORTATION	41
	6.1.1 General Transportation Policies	41
	6.1.2 Required Transportation Studies	42
	6.1.3 Highway 407 and the Transitway	44
	6.1.4 The Planned Arterial Road (potential Planned Link)	44
	6.1.5 9^th Line Realignment	45
	6.1.6 Fourteenth Avenue	46
	6.1.7 Collector Roads	47
	6.1.8 Local Roads	47
	6.1.9 Lanes	48
	6.1.10 Creek Crossings	48
	6.1.11 Public Transit	49
	6.1.12 Cycling and Pedestrian Linkages	49
6.2	SERVICES AND UTILITIES	49
	6.2.1 General Services and Utilities Policies	49
	6.2.2 Stormwater Management Policies	50
	6.2.32 Required Municipal Servicing Services and Utilities Studies	51
	6.2.43 Utilities and Telecommunications	54
	6.2.54 Energy Conservation	54
	IMPLEMENTATION AND INTERPRETATION	54
7.0	IMPLEMENTATION	54
7.1	7.1.1 General Implementation Policies	54
	7.1.2 Plans of Subdivision	54
	7.1.3 Consents	55
	7.1.4 Zoning By-Law	55
	7.1.5 Holding Zones (H)	55
	7.1.6 Site Plan Control	55
	7.1.7 Development Charges and Financial Agreements	56
	7.1.8 Developers Group Agreement(s)	56
	7.1.9 Land Dedication and Acquisition	56
	7.1.10 Development Staging Strategy	57
	7.1.11 Development Phasing Plan	57
	7.1.12 Development Phasing Agreement	58
	7.1.13 Public Sector Agreement to Comply	58

7.2 REQUIRED STUDIES 59

7.2.1 General 59

7.2.2 Community Design Plan 60

7.2.3 Noise and Vibration Studies 63

7.2.4 Environmental Impact Studies 63

7.2.5 Tree Conservation Plans 64

7.3 INTERPRETATION 64

PART IV: THE APPENDICES

Appendix I – Housing Type Mix Targets

Appendix II – Population Estimates

Appendix III – Heritage Buildings

Appendix IV – Land Use Summary

Appendix V – Concept Plan

Appendix VI – Non-Participating Landowners

SCHEDULES

1.0 AMENDMENTS TO THE SCHEDULES TO THE TOWN OF MARKHAM

OFFICIAL PLAN (REVISED 1987), AS AMENDED

Schedule ‘A’ Detailed Land Use

Schedule ‘B’ Planning districts and Community Improvement Areas

Schedule ‘C’ Transportation

Schedule ‘D’ Urban Service Areas

Schedule ‘E’ Site Plan Control

Schedule ‘F’ Commercial/Industrial Categories

Schedule ‘G’ Environmental Protection Areas

2.0 SCHEDULES TO THE SECONDARY PLAN FOR THE BOX GROVE

PLANNING DISTRICT (P.D.18-1)

Schedule ‘AA’ Land Use Plan

Schedule ‘BB’ Transportation Plan

Q:\Development\Planning\APPL\BOXGROVE\Secondary Plan\table of contents pm.doc

CONSTITUTIONAL STATEMENT

Part I: The Introduction, provides general information regarding the Box Grove Planning District and statements that provide the basis for the Official Plan Amendment. Part I: The Introduction does not constitute an operative part of Amendment No. 92 to the Official Plan (Revised 1987) as amended.

Part II: The Amendment, provides the details of the Official Plan Amendment. Part II: The Amendment, including Schedules A, B, C, D, E, F and G constitutes an operative part of Amendment No. 92 to the Official Plan (Revised 1987) as amended.

Part III: The Secondary Plan, including Schedules ‘AA’ and ‘BB’ attached thereto, constitutes the Secondary Plan for the Box Grove Planning District (Planning District 18). Part III The Secondary Plan is an operative part of Amendment No. 92 to the Official Plan (Revised 1987) as amended.

Part IV: The Appendices, provide more specific information regarding the Amendment and the details of the planning and design of the Planning District. Part IV: The Appendices do not constitute an operative part of Amendment No. 92 to the Official Plan (Revised 1987) as amended. The Appendices include:

_ Appendix I - Housing Type Mix Targets;

_ Appendix II - Population Estimates;

_ Appendix lll - Heritage Buildings;

_ Appendix IV - Land Use Summary;

_ Appendix V - Concept Plan; and,.

_ Appendix VI - “Non-participating Landowners”

PART I: THE INTRODUCTION

(this is not an operative part of Official Plan Amendment No. 92)

1.0 PURPOSE

The purpose of the Box Grove Secondary Planning Study, and this implementing Official Plan Amendment is to:

· establish appropriate boundaries for the Box Grove Planning District;

· establish and incorporate into the Official Plan, a Secondary Plan for the new Box Grove Planning District, in accordance with the Town of Markham Official Plan;

· amend the Town of Markham Official Plan text and schedules as necessary to incorporate the Box Grove Planning District within the Urban Area of the Town of Markham and to give effect to the proposed Secondary Plan for the Box Grove Planning District; and,

· provide guidance for Amendment(s) to the Region of York Official Plan.

2.0 CONTEXT

The Town of Markham initiated the Box Grove Secondary Planning Study in July, 1998. A variety of Background Reports related to natural features, servicing, noise and transportation were prepared during the Box Grove Secondary Planning Study process. These reports include the detail required to understand the potentials and constraints of the Box Grove Planning District, and may be referred to, as necessary.

Location

The Box Grove Planning District is situated within the Town of Markham on the eastern edge of the approved urban area. The Planning District is bounded by the proposed Highway 407/Transitway right-of-way to the north, the CPR Havelock Line and Reesor Road to the east, the CNR Line to the south and the 9^th Line and the Rouge River to the west. The extent of the Box Grove Planning District is identified on Schedule ‘B’ in Part II of this document. The Planning District is approximately 320 hectares in size and includes the former Box Grove (Hamlet) Planning District which is approximately 45 hectares in size.

Existing Land Uses

Land uses within the part of the Planning District designated as the “Hamlet” of Box Grove include residences, an estate residential plan of subdivision, a church, a community hall and associated day care centre, an auto body shop and a convenience store/gas bar. Land uses within the larger Planning District include a golf course, agricultural operations, a precast concrete manufacturing use and a variety of rural residences. In total, the study area supports about 100 homes on lots mostly on private services.

A substantial component of the Planning District (about 55 hectares) is designated and zoned for a major cemetery, although this use has not yet been established. A portion of the cemetery lands have been expropriated for the Highway 407/Transitway right-of-way.

Land uses adjacent to the Planning District include:

· to the north, the planned Highway 407 and its associated transitway and, further north, the proposed mixed use commercial centre of the Cornell Community;

· to the west, the Rouge River valley and the Rouge Northeast “Legacy” neighbourhood, which is a large, residential subdivision of predominantly detached house forms;

· to the east is the CPR Havelock Subdivision Line, rural/agricultural uses and the proposed Rouge Park North; and,

· to the south is the CNR and CPR rail lines and rural/ agricultural uses. Further south, south of Steeles Avenue is the Rouge Park and the planned “Morningside Heights” residential community.

Land Use Policy

In 1993, the Town of Markham adopted Official Plan Amendment 5 which identified several areas within the Town of Markham to accommodate population and employment growth projections to the year 2011. Official Plan Amendment 5 identified some lands immediately adjacent to the Box Grove “Hamlet” designation as “Future Urban Area” and provided flexibility in determining the boundaries of the future Secondary Plan area.

The Planning District is subject to the current policies of the Town’s Official Plan. At this time, a portion is identified as “Future Urban Area” and the area is designated as:

· “A3 - Agriculture”, which permits primarily agricultural land uses and existing rural residential uses;

· “Institutional - Cemetery”, which permits the establishment of a cemetery, although a cemetery does not currently exist;

· “Hamlet”, which recognizes the existing community of Box Grove and the estate residential subdivision located on the west side of 9^th Line;

· “Hazard Lands” which identify the valleylands of the Rouge River and four tributaries to the Rouge River and Little Rouge Creek. Development is typically not permitted within the “Hazard Land” designation;

· “Transportation and Utilities”, which identifies an Ontario Hydro corridor abutting the CNR Line at the south end of the Planning District, and the Highway 407 corridor to the north of the Planning District; and,

• the “Planned Link”, which is shown in the Official Plan as a conceptual alignment of the planned Markham Bypass Extension from Highway 407 to Steeles Avenue.

Since 1993, a significant amount of planning activity has occurred that directly and indirectly affects the future development of Box Grove. Some of the planning and engineering work completed includes:

· the Regional Official Plan was approved, in part, in 1994 and designates part of the subject lands as within the urban area of Markham. It also identifies a number of important planning objectives:

· to promote an integrated community structure comprising a range and mix of housing forms, tenures and sizes;

· to develop diverse self sufficient communities which are economically vibrant, pedestrian-oriented and accessible; and,

· to achieve higher transit usage through convenient access and appropriate urban design.

· Official Plan Amendment 20 (the Cornell Secondary Plan) was approved by the Province in 1995. It permits the establishment of a significant residential community on lands to the north of Box Grove;

· In February 1996 the Rouge Northeast Secondary Plan (OPA 25) was approved establishing a residential neighbourhood and supporting services, facilities and transportation network, just to the north and west of Box Grove (“Legacy”);

· In July 1998, the Box Grove Secondary Planning Study was initiated;

· In August 1998, Official Plan Amendment 52 was approved. The Natural Features Amendment, , identifies, within the portion of the Planning District designated “Future Urban Area”, the important natural features. OPA 52 incorporates policies to protect, enhance and restore those identified features and functions;

· The Town of Markham initiated an Employment Lands Strategy Study in December 1998. The results of that study indicate a need for additional employment lands in the Town and identify potential locations, including lands adjacent to the Highway 407 corridor in east Markham; and,

· In 1999, applications were received to permit a mixed use area to the north of Highway 407 as part of the Cornell community.

Environmental Features

The Rouge River valley forms the western boundary of the Planning District. Lands within the Planning District are located within the Rouge River watershed and drain to four tributaries, namely the 9^th Line tributary (which drains directly to the Rouge River) and three other tributaries which drain southeast to the Little Rouge Creek.

Vegetation features are limited in extent due to past agricultural practices. Features include a 1.5 hectare deciduous woodlot north of Fourteenth Avenue, field border hedgerows, plantations, old field thickets, cultural woodlands and narrow bands of riparian vegetation along four small creeks that cross the area, field swales and ditches. Just beyond the Planning District boundary to the southeast is the Box Grove Forest - a significant forest/swamp complex which is identified as a Regionally Significant forest in the Regional Official Plan. A more in depth review of natural features in the area is included in the background studies prepared as part of the Box Grove Secondary Planning Study.

In 1993, the Town of Markham completed a Natural Features Study which inventoried the natural features within the Town and recommended a policy framework for the future protection, enhancement and restoration of the natural environment and the development of a linked greenway system. Official Plan Amendment 52, the Natural Features Amendment, was approved by the Region of York in August 1998 to implement the recommendations of that Study within the urban area. The Box Grove Secondary Plan is based on the principles and policies established by Official Plan Amendment 52, , and the application of existing approved environmental policies and legislation under the administration of other government agencies.

The Rouge Park Management Plan, May 1994, identified the need to prepare a detailed park management plan for a future extension of the Rouge Park north of Steeles, through Markham along the major tributaries of the Rouge River. Official Plan Amendment 52 (the Natural Features Amendment), contains policies which state that once a Rouge Park Management Plan for the major Rouge River tributaries north of Steeles is completed and endorsed by Council, it may be implemented by further Amendment to the Official Plan. A draft of the Rouge Park North Management Plan was prepared in September 1997, however a final Plan has not yet been completed and endorsed by Council. The principles of the Box Grove Secondary Plan, which include protecting, enhancing and restoring significant environmental features and functions, are consistent with the goal of the draft Rouge North Management Plan.

Transportation Issues

The need for a major north-south arterial link joining Highways 407 and 401 in eastern York Region and the City of Toronto to serve growth in northwest Durham Region, northeast Toronto and east York Region, has been confirmed by numerous studies over the past 30 years. The major north-south transportation artery in this area has historically been Highway 48. The growing traffic, including truck traffic, along Highway 48 through the historic core of Markham Village has detracted from the commercial viability and residential amenity of the area. Both the Town of Markham and the Region of York Official Plans identify a new Arterial Road linking Highway 407 at the Markham Bypass interchange to Steeles Avenue west of the Rouge River. The ultimate alignment of this new Arterial Road (called the “Planned Link” in the Town of Markham Official Plan ) is to be determined through an Environmental Assessment Study.

Since 1993, there have been a number of initiatives to ensure that the necessary transportation facilities are implemented in east Markham, including:

· the completion of the Markham Transportation Planning Study in June, 1994. This Study addressed Town wide transportation issues, including the integration of the required transportation facilities for the Town as a whole and, more specifically, the need for a bypass route to redirect traffic from Main Street Markham;

· the completion of an Environmental Assessment in 1994 to widen Steeles Avenue from 2 to 4 lanes;

· widening of Highway 48 to 6 lanes from Highway 401 to Steeles and 4 lanes from Steeles to Highway 407;

· the completion of the Markham-Scarborough Transportation Link Environmental Assessment Proposal in 1995. This Study concluded that the need and justification for a new transportation link between Highways 407 and 401 has been adequately documented and that the future Environmental Assessment should focus only on route alternatives in the Morningside Corridor. That Environmental Assessment has yet to be initiated;

· the Ontario Municipal Board approval, in January 1999, of an Official Plan Amendment for the Morningside Heights Community in Scarborough. This Plan provides for the extension of Morningside Avenue in a 36 metre corridor from Finch Avenue to just south of the CPR Havelock Line through the Secondary Plan and plan of subdivision processes. The Plan also provides for the possible further extension of Morningside Avenue from just south of the CPR Havelock Line north to Steeles Avenue, and potentially beyond, in a location to be determined by an Environmental Assessment which is to consider alignments on both the east and west sides of the CPR Havelock Line;

· the two lane Rouge River bridge on Fourteenth Avenue has been designed and reconstructed to allow for an additional two lanes on the north side;

· the completion of the Highway 407 Transitway System Plan and Station Study by the Province in August 1997. It proposes a transitway along the south side of Highway 407, as well as a gateway station at the southeast corner of the Markham Bypass/Highway 407 interchange, and a transitway station within the Rouge Northeast Secondary Plan, at the southwest corner of the 9^th Line/Highway 407 interchange;

· the initiation of the Markham Transportation Planning Study and Phasing Update in 1999, with a major emphasis on east Markham. The preliminary recommendations of that Study have been incorporated into this Secondary Plan and will be incorporated into a Development Phasing Plan prior to approval of development applications in the Planning District;

· the construction of a 4 lane eastern extension of Highway 407 along the north boundary of the Planning District, from Highway 48 to Brock Road by 2001. The Province has protected property for ultimately up to 10 lanes plus a transitway, and interchanges at 9^th Line and the Markham Bypass; and,

· the completion, by the Region of York, of Environmental Assessments for both the Markham Bypass from Highway 48 to Highway 407, and 9^th Line from Highway 407 north to Main Street Stouffville in 1999.

The Region of York and Town of Markham Official Plans contain transportation goals and objectives that promote an integrated transportation network, offering a range of travel choices and accommodating different travel modes in a balanced fashion. Both the Region and the Town have policies to ensure that continuous mid-block collector roads are implemented in all new urban developments. The Regional Plan also contains transportation policies to encourage the protection of existing hamlets, such as Box Grove, through the use of bypasses and reduced road cross-section standards. A draft Transportation Assessment has been prepared for the Box Grove area as part of the Box Grove Secondary Planning study.

Servicing Issues

A Master Servicing Study was completed by the Town in June, 1994 for the ‘Future Urban Area’, including part of the Box Grove Planning District. This Study outlines the coordinated strategy for the provision of sanitary and water supply facilities. The work identifies options for the extension of the York Region and Town water systems and the connections to the York-Durham Sanitary System to accommodate the Box Grove Planning District within a Town-wide servicing strategy.

A Development Staging Strategy was completed by the Town in July, 1994 for the Urban Expansion Areas, including part of the Box Grove Planning District. This Strategy outlines the major infrastructure requirements and the appropriate timing of construction of such, to provide the necessary municipal services to service the Urban Expansion Areas.

The existing residences on 9^th Line north of Fourteenth Avenue have been provided with the opportunity to connect to a recently constructed watermain on 9^th Line. Homes on the west side of 9^th Line north of Fourteenth Avenue have also been provided with the opportunity to hook up to sanitary sewer connections at their rear lot lines, provided through the development of the Rouge Northeast Planning District. The remaining homes in Box Grove are on private water and sanitary sewer services.

A draft Master Servicing Plan and Environmental Management Plan have been prepared for the Planning District as part of the Box Grove Secondary Planning Study.

Noise Issues

The Box Grove Secondary Plan Study Area contains or is bounded by several major noise sources, including two railway lines, the proposed Highway 407 and arterial roads. A draft Noise and Vibration Impact Feasibility Study was prepared as part of the Box Grove Secondary Planning Study to consider the noise and vibration constraints within and adjacent to the study area.

3.0 APPROACH

The purpose of the Box Grove Secondary Planning Study was to establish the boundary and basis for a Secondary Plan for Box Grove in keeping with the policies of the Region and Town Official Plans. To achieve this purpose, a three stage approach was used, as follows:

· first, alternative land use and transportation concepts were established. Background technical research and the identification of preliminary design principles for the community provided the essential framework for preparing concepts that clearly illustrated alternatives in community structure, greenway systems, road network, land use mix and distribution, and the location of neighbourhood centres;

· second, following a technical evaluation of the alternative concepts, a preferred land use and transportation plan was prepared. The preferred land use and transportation plan illustrated the potential build out of the new community’s roads, open spaces and land uses; and,

· third, following the preparation of the preferred land use and transportation plan, Secondary Plan policies were developed.

The Town was committed to involving the residents, landowners, Councillors, staff, approving agencies and interest groups in the process of developing land use plans for the Planning District. Three main workshops were held throughout the course of the Study, during which people were invited to participate in the planning and design process:

· Workshop 1 was held on September 17, 1998. At that Workshop the inventory of existing conditions was reviewed, the potentials and constraints to development were identified and general design principles were discussed.

· Workshop 2 was held on October 14 and 15, 1998. Participants worked in collaboration to generate:

- general design criteria; and,

- three alternative land use and transportation concepts; and,

· Workshop 3 was held on May 19 and 20, 1999 and included a comparative evaluation of the three alternative land use and transportation concepts and, on the basis of that evaluation, established a preferred land use and transportation plan, which forms the basis of the Box Grove Secondary Plan.

As part of the Study, special meetings were also held with the existing residents of Box Grove to discuss issues relating to the future widening of Fourteenth Avenue. Meetings were also held with interested agencies to classify existing environmental features and identify opportunities for protection, enhancement and restoration. A special workshop was held to discuss the tributaries of the Little Rouge Creek north of Fourteenth Avenue and opportunities for environmental and open space corridors. This workshop involved the Steering Committee, interested government agencies, special interest groups and members of the public. The local Councillor and Town staff also attended meetings of the Box Grove Community Association to discuss the Secondary Plan.

On February 29, 2000, a public meeting was held to consider a proposed Official Plan Amendment and Secondary Plan for the Box Grove Planning District, dated January 31, 2000, The comments received in response to the proposed Plan have been considered by staff in the preparation of this revised Official Plan Amendment and Secondary Plan.

4.0 DESCRIPTION OF THE PLAN

The Box Grove Planning District will be comprised of the existing community of Box Grove, new residential neighbourhoods, a new employment area and a high quality public realm that will include a variety of significant natural and open space features.

It is anticipated that the entire Planning District will accommodate approximately 2,600 dwelling units, approximately 10,000 residents, a business park and a variety of commercial and community uses when development has been completed. New development will be on the basis of full municipal sewer services, municipal water supply and storm drainage facilities and will be phased based on the delivery of key transportation and servicing infrastructure. New development will be sensitively integrated with existing development in Box Grove and with significant natural features.

The principles and structuring elements on which the plan for the Box Grove Planning District is based, establish the context and direction for the development of the community and serve as the basis for the policies and other implementing mechanisms set out in the Secondary Plan and in the Official Plan.

Principles

The Secondary Plan is based on principles to:

· protect, enhance and restore significant environmental features and functions;

· establish a comprehensive network of parks and open spaces;

· facilitate the appropriate evolution of the existing community of Box Grove;

· establish a framework to facilitate the provision of municipal water and sanitary sewer services to the existing and future Box Grove community;

· establish a framework for providing effective stormwater management based on provincial guidelines and accepted standards;

· establish a detailed land use plan and policies for the regulation of land use and development;

· establish urban design objectives and policies;

· establish the basic pattern of the Arterial and Collector Roads, including the realignment of 9^th Line to the east of the existing community and a Town Arterial Road which could ultimately serve as a portion of the Planned Link; and,

· phase development based on the delivery of major transportation facilities and services.

The Structuring Elements

The following provides a description of the main structuring elements of the Box Grove Secondary Plan:

· The Existing Community of Box Grove - The existing community consists of primarily detached dwellings and an estate residential subdivision that have developed into a rural hamlet over a long period of time on the basis of private services (septic systems and wells). It is expected that the existing community will continue to evolve in an urban setting and become integrated with the surrounding urban development. New development will ensure that municipal water is provided to each lot line within the existing community of Box Grove. Sanitary sewers shall be sized and located to allow for future extension to service the existing community.

· The Residential Neighbourhoods - New residential neighbourhoods will maximize accessibility to the community’s open space network and community facilities. The new neighbourhoods are expected to accommodate a variety of primarily low density, ground-oriented housing as well as opportunities for appropriately scaled medium density residential, commercial and institutional uses. New residential development, including the village centre, will be integrated with the existing community of Box Grove in a sensitive and compatible manner.

The organizational elements that structure the new residential neighbourhoods include:

- environmental/open space corridors including the tributaries and significant woodlots;

- a village centre, to be located at the intersection of Fourteenth Avenue and the realigned 9^th Line comprising medium density forms of housing, commercial facilities, an urban square, and institutional uses;

- an east-west landscaped pathway connection linking the urban square with the 9^th Line tributary to the west and the tributaries of Little Rouge Creek to the east;

- one large community park at the edge of the residential community north of Fourteenth Avenue, associated with the existing woodlot and an elementary school.;

- one neighbourhood park, centrally located within the residential community south of Fourteenth Avenue, associated with an elementary school and the existing Box Grove Community Centre;

- a parkette, centrally located within the residential neighborhood north of Fourteenth Avenue;

- mixed use areas at the periphery of neighbourhoods, located at major intersections, including medium density forms of housing, commercial facilities and institutional uses; and,

- a refined and expanded road network that includes a realigned 9^th Line, provision for a possible extension of the Planned Link (Markham Bypass) through this Planning District and a series of other arterial and collector roads that will enhance the accessibility to, from and through the Planning District.

· The Employment Area - The employment area located adjacent to Highway 407 will permit a variety of job-creating land uses, will protect environmental resources and will provide for limited open space facilities. Job-creating land uses may include office and industrial development and retail and service commercial uses.

The eastern part of the employment area, east of Highway 407/Markham Bypass interchange and adjacent to the CPR Havelock Line, has been identified by the Province as the location for a potential Regional Gateway, linking the road network of east Markham with higher order transit facilities, including the proposed Highway 407 Transitway and potential Go Transit services along the CPR Havelock Line.

The design of the employment area shall capitalize on its highly visible and accessible location adjacent to Highway 407 and the proposed Regional Gateway. An appropriate interface between the job-creating land uses and the residential land uses shall be established through the use of roads, landscaping and other community design elements.

· The Public Realm - The Planning District shall include a high quality public realm, composed of streets, natural features, parks, schools and open spaces. Public spaces are to serve as focal points in defining the community structure and community character. Open spaces, parks, schools, community facilities and natural features are to be organized into a connected open space network.

Existing significant natural features are to be maintained, enhanced and/or restored and incorporated into the open space network, where they can remain functional and sustainable in an urban environment. Key structuring elements of the open space include the three tributaries of the Little Rouge Creek, the 9^th Line tributary and the tableland woodlot.

Schools, parks and other compatible community amenities will be encouraged to locate adjacent to the natural features as a means of expanding the environmental buffer, and may serve as buffers between the residential and employment districts.

· The Transportation Network - The road network will be based on a modified grid pattern that maximizes connectivity for all modes of travel. It is intended that roads will play a multi-functional role in the community, providing for a variety of activities and services to meet community needs, including cycling and pedestrians.

The Town of Markham Official Plan (Revised 1987), as amended, identifies a proposed “Markham Bypass” linking from Highway 48 north of Major Mackenzie Drive, south to an interchange with proposed Highway 407 and a proposed “Planned Link” extending south from that interchange to Steeles Avenue west of the Rouge River. The ultimate alignment of these two arterial roads is to be determined through an Environmental Assessment. The Box Grove Secondary Plan will provide an Arterial Road on the west side of the CPR Havelock Line, linking the Markham Bypass/Highway 407 interchange to existing 9^th Line south of the Box Grove community. This Arterial Road, comprised of a Town Arterial Road, and a portion of the realigned 9^th Line, could ultimately become a section of the “Planned Link” through the Planning District.

9^th Line is to be realigned east of the existing Box Grove community and provision will be made to maintain its continuity to Steeles by way of the existing 9^th Line south of the Box Grove community, or ultimately, the Planned Link. The realignment of 9^th Line around the existing Box Grove community, a downgrading of existing 9^th Line to a collector road which does not directly intersect with the new 9^th Line, and a restriction in the Plan to a 20 metre maximum basic right-of-way width for Fourteenth Avenue through the existing community, will help to protect the existing community.

A Collector Road will link the realigned 9^th Line to the Town Arterial Road, at the north end of the Planning District, separating the residential uses from the employment area. This Collector Road will provide direct access to the main entrance of the Rouge Northeast neighbourhood (Rouge Bank Drive) from the realigned 9^th Line.

The community shall be designed to provide convenient access to both the local transit system and any future regional transit system. The Province has identified the south portion of the Highway 407 right-of-way as a potential future transitway, and the CPR Havelock line for potential future commuter rail service. The area east of the proposed Highway 407/Markham Bypass interchange has been identified by the Province as the location for a potential Regional Gateway and the area at the southwest corner of Hwy. 407 and 9^th Line has been protected for a possible future transitway station. Development of this Planning District will ensure that appropriate access is maintained to these possible future transit stations.

5.0 BASIS OF THE OFFICIAL PLAN AMENDMENT

The Secondary Plan will take statutory effect through Amendments to the Town of Markham Official Plan, the Region of York Official Plan, and a Ministers Zoning Order. These Amendments are considered necessary to implement the development of the community envisioned by the Secondary Plan and will be considered through the approval processes identified in the Planning Act. Further, as a statutory document, all the work carried out related to this Secondary Plan will have regard for the Provincial Policy Statement approved under Section 3.0 of the Planning Act.

This Secondary Plan establishes policies that permit the development of a mixed use community including employment generating land uses, residential land uses and complementary and supporting land uses within the Planning District.

The basis of the Secondary Plan/Official Plan Amendment is:

· the subject lands are currently designated “Hamlet”, “Agriculture 3”, “Institutional - Cemetery”, Transportation and Utilities”, and “Hazard Lands” by the Official Plan (Revised 1987)which was approved by the Province in April, 1993;

· a portion of the subject lands are identified as “Future Urban Area” by Official Plan Amendment 5 to the Official Plan (Revised 1987), as amended, which was approved by the Province in April 1995;

· the identification of a portion of the subject lands as “Future Urban Area” established the basis for the development of urban land uses; and,

· new development will be on the basis of full municipal sewer services, municipal water supply and storm drainage facilities.

The Official Plan Amendment and associated Secondary Plan make minor modifications to the urban boundary within the Town of Markham, which also requires an Amendment to the Region of York Official Plan. The Future Urban Area boundary established by OPA 5, which, in large part, runs through agricultural fields, does not currently create a clearly identifiable urban boundary.

In undertaking the detailed land use, transportation, servicing, noise and environmental planning studies in support of the Box Grove Secondary Plan, it was concluded that major roads and rail lines in the vicinity of Box Grove should be used as the urban area boundary. These features create a clearer, more logical, more well defined urban envelope, within which the Town can prepare a comprehensive plan for land use, transportation, the environment and servicing. This minor adjustment to the urban boundary represents good community planning, based on the following:

· The extension of the urban boundary east and south to Reesor Road and the CPR and CNR rights of way:

- establishes an urban boundary based on clearly identifiable features;

- provides an opportunity to plan and implement a road which could serve as the Planned Link, as shown in the Town and the Region Official Plans, from Highway 407 to Steeles Avenue East;

- provides for a logical rounding out of the Markham urban boundary, including all lands west of the Planned Link;

- incorporates the potential Regional Gateway facility at the intersection of the Markham Bypass and Highway 407 within the urban area;

- provides the opportunity to plan and implement a realignment of 9^th Line to the east of the existing community; and,

- provides the opportunity to plan for the possible rail crossing improvement at Fourteenth Avenue and CPR Havelock Line, as identified in the Region’s Official Plan.

· The extension of the urban boundary to the west to encompass the existing Box Grove “Hamlet” designation:

- is a logical expansion of the urban boundary to include lands which will ultimately be surrounded by new urban development;

- provides the opportunity to plan for the sensitive integration of the existing community into the planned adjacent mixed use community and the urban fabric of the Town of Markham;

- enables a program to facilitate the provision of municipal water and sanitary services to existing development in Box Grove; and,

- provides the opportunity to develop and implement measures to reduce the impact of the ultimate pavement widening of Fourteenth Avenue through the existing community.

· The extension of the urban area boundary north to Highway 407:

- is a logical rounding out of the urban boundary; and,

- provides the opportunity to establish appropriate uses, such as employment lands, adjacent to Highway 407 corridor.

The Official Plan Amendment and Box Grove Secondary Plan make minor modifications to the Arterial road network in order to protect the existing community of Box Grove, provide for the possible future extension of the Planned Link through the Planning District and provide for future possible grade separations at the CPR Havelock Line. These modifications will require an amendment to the Regional Official Plan.

130 acres of land within the Box Grove Secondary Plan area were zoned for cemetery uses through a Ministers Zoning Order in 1983. The implementation of this Official Plan Amendment will require that the Ministers Zoning Order be rescinded, and that the corresponding Town of Markham zoning by-law also be amended accordingly.

PART II: THE AMENDMENT

(This is an operative part of Official Plan Amendment No. 92)

Item 1: The following text and Schedules ‘A’, ‘B’, ‘C’, ‘D’, ‘E’, ‘F’ and ‘G’ attached hereto constitute Amendment No. 92 to the Town of Markham Official Plan (Revised 1987), as amended.

Item 2: Schedule ‘A’ - LAND USE of the Official Plan (Revised 1987) as amended, is hereby amended by redesignating certain lands as shown on Schedule ‘A’ attached hereto.

Item 3: Schedule ‘B - PLANNING DISTRICTS AND COMMUNITY IMPROVEMENT AREAS of the Official Plan (Revised 1987) as amended, is hereby amended as shown on Schedule ‘B’ attached hereto, and as follows:

· delete the subject lands from the FUTURE URBAN AREA, LANDS UNDER MINISTER’S ORDER, Planning District No. 22 and Planning District No. 18;

· incorporate the subject lands into a new Planning District, the Box Grove Planning District, being Planning District No. 18; and,

· amend the name on the list of Planning Districts shown on Schedule ‘B’ to read: “No. 18. Box Grove Planning District”;

Item 4: Schedule ‘C’ - TRANSPORTATION of the Official Plan (Revised 1987) as amended, is hereby amended by deleting the subject lands from the FUTURE URBAN AREA and by revising the primary road network as shown on Schedule ‘C’, attached hereto.

Item 5: Schedule ‘D’ - URBAN SERVICE AREAS of the Official Plan (Revised 1987) as amended, is hereby amended by deleting the subject lands from the FUTURE URBAN SERVICE AREA and by extending the URBAN SERVICE AREA to incorporate the subject lands as shown on Schedule ‘D’, attached hereto.

Item 6: Schedule ‘G’ - SITE PLAN CONTROL of the Official Plan (Revised 1987) as amended, is hereby amended by revising the primary road network and by indicating road right-of-way requirements as shown on Schedule ‘E’, attached hereto.

Item 7: Schedule ‘H’ - COMMERCIAL/INDUSTRIAL CATEGORIES of the Official Plan (Revised 1987) as amended, is hereby amended to identify the categories of commercial land use, as shown on Schedule ‘F’, attached hereto.

Item 8: Schedule ‘I’ - ENVIRONMENTAL PROTECTION AREAS of the Official Plan (Revised 1987) as amended, is hereby amended by extending the “Amendment Boundary” and designating lands as shown on Schedule ‘G’ attached hereto.

Item 9: SECTION 1 - GENERAL of the Official Plan (Revised 1987), as amended, is hereby amended by adding the following to the end of Section 1.1.3 c):

· “Secondary Plan (PD18-1) for the Box Grove Planning District (Official Plan Amendment No. 92).”

Item 10: SECTION 4 - PLANNING DISTRICTS of the Official Plan (Revised 1987), as amended, is hereby amended as follows:

· by amending the list of Planning Districts identified in subsection 4.1.2 so that No. 18 now reads: “No. 18 Box Grove Planning District”;

· by amending subsection 4.2.2 to delete the words “Box Grove”; and,

· by deleting subsection 4.3.18 and adding a new subsection 4.3.18, as follows:

“4.3.18 Box Grove Planning District (Planning District No. 18)

4.3.18.1 General Policies

a) A Secondary Plan shall be prepared and adopted as an Amendment to this Plan for the Box Grove Planning District. This Secondary Plan shall provide for the development of a community comprising a range of residential, commercial, recreational, community and business park uses. Objectives and principles for the development of the community shall be established in the Secondary Plan.

b) The maximum basic right-of-way widths shown on Schedule ‘G’ - SITE PLAN CONTROL, as amended by Official Plan Amendment No. 92 may be revised and the revisions shown on Schedule ‘G’ - SITE PLAN CONTROL without further Amendment to this Official Plan. The right-of-way requirements shall be based on the findings of the Box Grove Internal Traffic Study and the Community Design Plan, as required by the Secondary Plan and approved by the Town.

4.3.18.2 Specific Site and Area Policies

a 9^th Line Realignment

The policies of Section 5.3.3 b) xi) apply to that portion of the 9^th Line realignment extending south from its intersection with the Major Arterial Road (Town of Markham) to its intersection with the existing 9^th Line south of the Box Grove community.

If, as a result of the conclusions of the required Environmental Assessment study identified in Section 5.3.3 b) ix) of the Official Plan, it is determined that the alignment of the Planned Link, as identified on Schedule ‘C’ - TRANSPORTATION is to be to be provided within the 9^th Line right-of-way on the north side of the CPR Havelock Line, then 9^th Line shall end at the Planned Link and the designation of any portion of existing 9^th Line south of the Planned Link which is not required for an Arterial Road function, may be downgraded to a collector or local road without further Amendment to this Plan.

b) Major Arterial Road (Town of Markham)

The policies of Section 5.3.3 b) xi) apply to the Major Arterial Road (Town of Markham) within the Box Grove Secondary Plan.

If, as a result of the conclusions of the required Environmental Assessment study identified in Section 5.3.3 b) ix) of the Official Plan, it is determined that the alignment of the Planned Link, as identified on Schedule ‘C’ - TRANSPORTATION is to be provided within a right-of-way east of the CPR Havelock Line, the designation of any portion of the Major Arterial Road (Town of Markham) within the Box Grove Planning District not required for its planned Arterial Road function may be downgraded to a Major Collector Road without further Amendment to this Plan.

Likewise, if it is determined that the alignment of the Planned Link is to be provided within the Major Arterial Road (Town of Markham) right-of-way west of the CPR Havelock Line, then the designation of that portion of the Major Arterial Road (Town of Markham) within the Box Grove Planning district may be upgraded to a Region of York Arterial Road without further Amendment to this Plan.

c) Fourteenth Avenue

i) The ultimate alignment and grading of Fourteenth Avenue at the Havelock Line, the Major Arterial Road (Town of Markham) and the Planned Link, shall be part of the Environmental Assessment for the Planned Link. The realignment and grade separation of Fourteenth Avenue at the CPR Havelock Line may be undertaken in stages, subject to the approval of both the Region and the Town. An interim signalized realignment of Fourteenth Avenue at the Major Arterial Road (Town of Markham) may be permitted, subject to approval of the Town and the Region.

ii) Notwithstanding subsections 4.3.18.1 b) and 5.3.3 vi), the maximum basic right-of-way width of Fourteenth Avenue shall not exceed 20 metres through the area designated RESIDENTIAL west of the realigned 9^th Line and east of the Rouge River valley, and this maximum basic right-of-way width shall not be revised without further Amendment to this Official Plan.

d) 9^th Line Tributary

i) Notwithstanding the HAZARD LANDS designation of the 9^th Line tributary as shown on Schedule ‘A’ - LAND USE, the specific treatment of the 9^th Line tributary may be more fully explored through an Environmental Impact Study prior to the approval of development applications on adjacent lands. Should an Environmental Impact Study determine that the tributary, or a portion thereof, may be re-aligned and/or otherwise altered in a manner that is acceptable to the Town and the Conservation Authority, the boundary of the 9^th Line tributary HAZARD LANDS designation may be altered and/or redesignated. Such revisions may be shown on Schedule ‘A’ - LAND USE without further Amendment to this Plan.

ii) In the event that the boundary of the 9^th Line tributary HAZARD LANDS designation is altered and/or redesignated pursuant to Section 4.3.18.2 d) i) and the provisions of the Secondary Plan for the Box Grove Planning District, alternative uses will be permitted in accordance with the immediately adjoining land use designations as shown on Schedule ‘A’ - LAND USE. Such revisions may be shown on Schedule ‘A’ - LAND USE without further Amendment to this Plan.”

Item 11: Section 5 - TRANSPORTATION of the Official Plan (Revised 1987), as amended is hereby amended as follows:

a) by amending subsection 5.3.2 a) to delete the words “and the Planned Link” and placing the word “and” before the phrase “proposed Highway 407”;

b) by amending subsection 5.3.3 a) to add the words “and Planned Link” after the phrase “Major and Minor Arterial roads”;

c) by amending subsection 5.3.3 b) ix) to change all references to “Highway No. 7” to “Highway No. 407”;

d) by amending subsection 5.3.3 b) ix) second bullet to read: “an environmental assessment study by the Region of York to determine the route of the Planned Link (Future Markham By-pass) south of Highway 407”; and,

e) by adding a new subsection 5.3.3 b) xi) as follows:

“xi) An Arterial Road right-of-way that could potentially accommodate a portion of the Planned Link subject to its confirmation as the most appropriate route through an Environmental Assessment Study, shall be provided along the north side of the CPR Havelock Line connecting the Hwy. 407/Markham Bypass interchange and existing 9^th Line south of the Box Grove Planning District. This Arterial Road, which is identified on Schedule ‘C’ as a portion of the realigned 9^th Line and a Major Arterial Road (Town of Markham), may be constructed in advance of the required Environmental Assessment Study for the Planned Link if the Town and the Region are satisfied that the proposed road:

- would not compromise potential alternative alignments and intersection requirements for the Planned Link; and,

- is compatible with the nature, function, grading and noise requirements associated with the Planned Link and its associate intersections.”

Item 12: SECTION 9.2 of the Official Plan (Revised 1987) as amended is hereby amended by adding a new Section 9.2.26, as follows:

“9.2.26 Secondary Plan PD 18-1 for the Box Grove Planning District (Official Plan Amendment No. 92).”

2.0 IMPLEMENTATION

The provisions of the Official Plan (Revised 1987) as amended, relating to implementation and interpretation shall apply in regard to this Amendment except as specifically set out herein.

PART III: THE SECONDARY PLAN

(This is an operative part of Official Plan Amendment No. 92)

1.0 INTRODUCTION

The following text and Schedules ‘AA’ - DETAILED LAND USE PLAN and ‘BB’ - TRANSPORTATION PLAN, attached hereto, constitute the Secondary Plan for the Box Grove Planning District (PD18-1) as established and adopted by Amendment No. 92 to the Official Plan (Revised 1987) as amended.

2.0 PURPOSE OF THE SECONDARY PLAN

The purpose of this Secondary Plan is to establish policies that will permit development of a mixed use community including employment generating land uses, residential land uses and complementary and supporting commercial and community uses. It is anticipated that the entire Planning District will accommodate a minimum of 42.5 net hectares (105 acres) of employment land, approximately 2,600 dwelling units (including existing development), and approximately 10,000 residents when development has been completed.

This Secondary Plan:

a) provides a detailed land use plan and policies for the regulation of land use and development of the Planning District in accordance with the designations and applicable policies of the Official Plan (Revised 1987) as amended;

b) establishes an appropriate road network to serve both internal and external traffic;

c) establishes a framework to facilitate the provision of municipal water and sewer infrastructure to the community of Box Grove, and the construction of effective stormwater management facilities;

d) establishes urban design objectives and policies; and,

e) incorporates policies that:

- ensure development occurs based on the delivery of key transportation facilities and municipal services;

- protect, enhance and restore significant environmental features and functions;

- establish a comprehensive network of parks and open spaces; and,

- facilitate the appropriate evolution of the existing community of Box Grove, including the existing estate residential subdivision.

3.0 LOCATION

The Box Grove Planning District is shown on Schedule ‘AA’ and Schedule ‘BB’. It is approximately 320 hectares in size, including the former Box Grove Hamlet Planning District (approximately 45 hectares). It is located adjacent to the eastern most portion of the existing developed urban area of the Town, south of the planned Cornell Community and east of the Rouge Northeast Planning District.

The Planning District is bounded by the right-of-way of the proposed Highway 407/transitway to the north, the CPR Havelock Line and Reesor Road to the east, the CNR Line to the south and the 9^th Line and the Rouge River to the west. Fourteenth Avenue divides the Planning District into north and south portions.

Existing land uses within the part of the Planning District known as the existing community of Box Grove include residences, an estate residential subdivision, a church, the Box Grove Community Centre and associated day care centre , an auto body shop and a convenience store/gas bar. Land uses within the larger Planning District include a golf course, agricultural operations, a precast concrete manufacturing use and a variety of rural residences. In total, the Planning District supports about 100 existing homes on lots mostly on private services.

4.0 GOAL, PRINCIPLES AND OBJECTIVES

The goal, principles and objectives that the Town seeks to achieve through the detailed policies of this Secondary Plan are outlined below. Together with the goals and objectives of the Official Plan (Revised 1987) as amended, this goal and these principles and objectives provide the framework for the development of the Planning District.

The goal, principles and objectives will be implemented in accordance with the policies of the Official Plan (Revised 1987) as amended, as further elaborated in the policies and the requirements of this Secondary Plan.

4.1 GOAL

The goal of this Secondary Plan is to develop a mixed use community that achieves:

a) a diversity of land use, including;

- a variety of primarily ground oriented housing types;

- a business park adjacent to the proposed Highway 407; and,

- the provision of a range of commercial, recreational and community facilities;

b) a well defined public realm, which includes:

- key structuring elements, such as streets, a linked open space network, and community facilities organized so as to create a community focus and identity; and,

- the protection, enhancement and restoration of the natural and cultural environments;

c) a transit supportive, pedestrian oriented development pattern;

d) the sensitive integration of new development with the existing community;

e) a transportation system that:

- mitigates the impacts of traffic on the existing community;

- meets the needs of new development within the Planning District; and,

- provides for the Arterial Roads necessary to serve the broader area; and,

f) a municipal servicing system that:

- provides full municipal services to new development;

- provides effective stormwater management; and,

- provides the existing community of Box Grove with municipal water, and the opportunity for future connection to municipal sanitary sewers.

4.2 PRINCIPLES

The principles on which this Plan is based establish the context and direction for the development of the community and serve as the basis for the policies and other implementing mechanisms set out in this Secondary Plan.

The Planning District will be comprised of the existing community, new residential neighbourhoods, a new employment area, an integrated network of arterial and collector roads, and a high quality public realm that will include a variety of significant natural and open space features.

4.2.1 The Existing Community of Box Grove

a) Where the term “existing community” is used in this Secondary Plan, it refers to the area which has historically been designated ‘HAMLET’ in the Official Plan (Revised 1987). Specifically, it includes the lots fronting on 14^th Avenue between the proposed realigned 9^th Line and the Rouge River, the lots in the estate residential subdivision on Ridgevale Drive and Rouge River Circle, and the lots fronting on 9^th Line between Rouge Bank Drive and the estate lot subdivision.

b) The existing community of Box Grove consists of primarily detached dwellings and an estate residential subdivision that have been developed over a long period of time on the basis of private services (septic systems and wells). Most of these lands are designated as “Urban Residential - Low Density Housing 1” in this Secondary Plan, to allow for the provision of urban services.

c) Municipal water has been provided to the lot line of existing lots on 9^th Line north of 14^th Avenue through the development of the “Legacy” community. Through the “Legacy” development, lots on the west side of 9^th Line north of 14^th Avenue have also been provided with the opportunity to hook up to sanitary sewers at their rear lot lines.

Municipal water will be provided to the property line of all other lots in the existing Box Grove community. This Secondary Plan also contains policies establishing a framework to facilitate the future extension of sanitary sewer infrastructure to service the remainder of the existing community.

d) It is expected that the existing community will continue to evolve in an urban setting and, over time, become integrated with the surrounding urban development.

e) 9^th Line will be realigned to the east of the existing community Upon completion of the realigned 9^th Line, the existing 9^th Line through the existing community of Box Grove will no longer be an Arterial Road, and will not directly connect to the realigned 9^th Line.

f) Fourteenth Avenue shall have a maximum basic right-of-way of 20 metres through the Urban Residential - Low Density Housing I designation. Additional lanes and pavement reconfigurations may be required within the 20m maximum basic right-of-way to accommodate traffic in the future, subject to an Environmental Assessment by the Region of York. Measures to mitigate the impacts of traffic and future road improvements shall be required.

4.2.2 The Residential Neighbourhoods

a) New residential neighbourhoods will be designed to maximize accessibility to the community’s key structuring elements, including the open space network and community facilities such as schools. The new neighbourhoods are expected to accommodate a variety of primarily low density, ground-oriented housing as well as opportunities for appropriately scaled medium density residential, commercial and institutional uses.

b) The organizational elements that structure the new residential neighbourhoods include:

- environmental/open space corridors including the tributaries and significant woodlots;

- a Village Centre, to be located at the intersection of Fourteenth Avenue and the realigned 9^th Line comprising medium density forms of housing, commercial facilities, an urban square, and institutional uses;

- an east-west landscaped pathway linking the urban square to the 9^th Line tributary to the west and the tributaries of the Little Rouge Creek to the east;

- one large Community Park at the edge of the residential community north of Fourteenth Avenue, associated with the existing woodlot and an elementary school;

- one Neighbourhood Park, centrally located within the residential community south of Fourteenth Avenue, associated with an elementary school and the existing Box Grove Community Centre;

- a parkette centrally located within the residential neighborhood north of Fourteenth Avenue;

- mixed use areas at the periphery of neighbourhoods, located at major intersections, including medium density forms of housing, commercial facilities and institutional uses; and,

- the network of arterial and collector roads.

c) New residential development, including development within the Village Centre, will be integrated with the existing community in a sensitive and compatible manner.

4.2.3 The Employment Area

a) The employment area will permit a variety of job-creating land uses, will protect environmental resources and will provide for limited open space facilities. Job-creating land uses may include office and industrial development and retail and service commercial uses.

b) The eastern part of the employment area, adjacent to the CPR Havelock Line, has been identified by the Province as a potential location for a future Regional Gateway, linking the road network of east Markham with higher order transit facilities, including the proposed Highway 407 Transitway and potential GO Transit services along the CPR Havelock Line.

c) The design and location of the employment area shall capitalize on its highly visible and accessible location adjacent to Highway 407.

d) An appropriate interface between the job-creating land uses and the residential land uses shall be established.

4.2.4 The Public Realm

a) The Planning District shall include a high quality public realm, composed of streets, natural features, parks, schools and open spaces. Public spaces are to serve as focal points in defining the community structure and community character.

b) Open spaces, parks, schools, community facilities and natural features shall be organized into a connected open space network, wherever possible.

c) Existing significant natural features shall be maintained, enhanced and/or restored and incorporated into the open space network, where deemed to be functional and sustainable in an urban environment.

d) Schools, parks and other compatible community facilities shall be encouraged to locate adjacent to natural features as a means of expanding environmental buffers and to promote connectivity.

e) A Community Park shall be developed, and shall serve as a buffer between residential land uses and non-residential land uses.

f) Opportunities for connecting the natural features of this Planning District to natural features in adjacent areas shall be provided, wherever feasible.

4.2.5 The Road Network

a) The road network shall be based, where possible, on a modified grid pattern that provides for maximum connectivity for all modes of travel.

b) An integrated road network will provide linkage among the diverse areas of the Planning District, establish the structure for development, and enhance the accessibility to, from and through the Planning District. The refined and expanded road network will include:

- a 9^th Line realigned to the east of the existing community;

- the downgrading of existing 9^th Line to a collector road;

- a Town Arterial Road adjacent to the CPR Havelock Line, connecting Hwy. 407 at the Markham Bypass interchange with the realigned 9^th Line;

- protection for the possible extension of the Planned Link (a Markham Bypass extension south from Hwy. 407 to Steeles Avenue East and potentiallyultimately connecting to Morningside AvenueHighway 401) through this Planning District, subject to confirmation of the most appropriate route through an Environmental Assessment Study; and,

- provision for possible grade separation of Fourteenth Avenue and the Planned Link at the CPR Havelock Line; and,

c) Fourteenth Avenue will have a maximum basic right-of-way width of 20m through the Urban Residential - Low Density housing I designation. Any future pavement widening will be subject to an Environmental Assessment by the Region of York. It is the objective of the Town that any future pavement widening be delayed as long as possible, in accordance with Section 6.1.6 b) of this Secondary Plan.

d) Access from the Arterial Road network will be maintained to Rouge Bank Drive, as well as to the proposed transitway facilities to the east and west of the Box Grove Planning District.

e) Roads will play a multi-functional role in the community, providing for a variety of activities and services to meet community needs, including cycling and pedestrians.

4.3 OBJECTIVES

4.3.1 Land Use

a) To create a community that includes a mix of land uses, including residential, commercial office and retail, prestige industrial, open space and recreational, cultural and institutional facilities.

b) To ensure compatibility among the various land uses and building types.

4.3.2 Residential Development

a) To provide a mix of primarily ground-oriented housing types of various sizes and densities.

b) To create an urban environment that integrates, in a sensitive and compatible manner, the existing community.

c) To ensure development that provides for safe, functional and attractive residential neighbourhoods.

4.3.3 Employment

a) To contribute to the Town’s employment targets through the provision of a range of opportunities for job-creating land uses adjacent to the proposed Highway 407/Transitway right-of-way.

b) To ensure provision of a minimum 42.5 net hectares (105 acres) of Business Park and Business Corridor lands.

c) To ensure an appropriate interface between residential and non-residential land uses.

4.3.4 Commercial Development

a) To accommodate a variety of commercial and mixed use developments.

4.3.5 Parks and Open Space

a) To provide a linked system of parks and open spaces which has a clear functional relationship to the neighbourhoods and which is accessible and visible to residents and visitors.

b) To create open space areas that conserve and enhance natural features and their functions, while also providing opportunities for public enjoyment, where appropriate.

c) To ensure that all residents have convenient access to parks, and that a broad range of recreational opportunities are available, including a system of pedestrian and bicycle trails.

4.3.6 Community Facilities

a) To provide a range of community facilities required to serve the needs of the local residents.

b) To retain the existing Box Grove Community Centre as a community focal point.

c) To provide locations for community facilities that are community focal points, are visible and accessible to residents, and, where possible, are part of the linked open space system.

d) To encourage multi-functional and shared use of public lands and buildings.

4.3.7 Natural and Heritage Features

a) To preserve, enhance and restore existing significant natural features and their functions and cultural heritage resources wherever feasible including significant vegetation, topographic features, aquatic resources, historic buildings and archaeological sites.

b) To ensure that opportunities for public views and public access are provided to valley lands and other natural features, where appropriate.

c) To strengthen east-west open space connections between the tributaries of the Rouge River and Little Rouge Creek within the Planning District, where appropriate.

d) To ensure that development avoids or mitigates negative impacts on significant natural features and functions and, where feasible, will result in a net benefit to the environment.

4.3.8 Urban Design

a) To ensure the development of an appropriate and high quality urban environment through the preparation and approval of a comprehensive Community Design Plan that will ensure:

- a high quality of design for public parks and open spaces;

- appropriate streetscape standards;

- the development of attractive buildings and appropriate relationships between buildings and streets and other public spaces; and,

- compatibility between areas of different land use and/or development intensity through consideration of appropriate scale, massing and siting.

4.3.9 Transportation

a) To develop a transportation system that is consistent with the recommendations of the Markham Transportation Planning Study, and its updates.

b) To develop a transportation system that will mitigate, to the extent possible, the impacts of traffic through the existing community.

c) To provide a road network that is based on a modified grid pattern of Arterial, Collector and Local Roads which:

- takes its form from the site’s topography and natural features;

- is connected to the surrounding existing and proposed Arterial, Collector and Provincial Road/Highway network;

- facilitates direct and safe pedestrian, bicycle and vehicular movement throughout the community;

- avoids unnecessarily long, straight blocks;

- permits ready access to transit services; and,

- sensitively integrates new development with the existing community and the natural environment.

d) To ensure transportation facilities, required for any part of the Planning District, are in place and operative as necessary, coincident with urban development, in accordance with the provisions of this Secondary Plan.

e) To ensure that the road network provides opportunities for transit to play a role in serving the community and to connect the Planning District with other areas of the Town, the rest of the Greater Toronto Area, and planned and potential higher order transit facilities.

f) To ensure that the road system does not preclude the provision of the Planned Link, and to provide an Arterial Road through the Planning District which could ultimately become a section of the Planned Link.

g) To establish road rights-of-way based on the standards approved by the Region and/or the Town.

4.3.10 Municipal Services

a) To ensure services, including the necessary water, sanitary sewer and stormwater facilities, required for any part of the Planning District, are in place and operative, with assigned capacity, as necessary, prior to, or coincident with urban development, in accordance with the provisions of this Secondary Plan.

b) To ensure that municipal water is installed to the property line of each lot in the existing Box Grove community, as part of the preservicing of the first plan of subdivision which is draft plan approved and zoned within the Planning District.

c) To design a stormwater management system that is integrated with the open space system and minimizes impacts on the natural environment, while meeting Provincial, Town and agency water quality and quantity requirements and standards.

d) To ensure that sanitary sewers are sized and located to provide the opportunity for future extension to service the existing community.

e) To ensure that new development does not interfere with the function of the York-Durham Servicing System or adversely affect the water supply of the existing community.

4.3.11 Plan Implementation

a) To ensure the costs of services, public facilities and infrastructure required to permit and support the development of the lands in the Planning District are not a financial burden to the Municipality and are provided in accordance with the following:

- the provisions of the Development Charges Act;

- the provisions of the Planning Act, as amended, and the Official Plan (Revised 1987) as amended;

- the Town’s Development Staging Strategy;

- the required Development Phasing Plan;

- the required Developers Group Agreement(s);

- the required Development Phasing Agreement(s); and,

- any other agreements required by the Town and the Region.

b) To ensure that development within the Planning District is linked to the delivery of the major components of the planned transportation infrastructure and the provision of municipal water to the existing community.

5.0 LAND USE DESIGNATIONS AND POLICIES

5.1 POLICIES THAT APPLY TO ALL LAND USES

a) The pattern of land use and the schematic transportation network are identified on Schedules ‘AA’ and ‘BB’ to this Secondary Plan.

b) In accordance with the provisions of the Official Plan (Revised 1987) as amended, the following land use designations are applied within the Planning District, as shown on Schedule ‘AA’:

- ‘Urban Residential – Low Density Housing I’;

- ‘Urban Residential - Low Density Housing II’;

- ‘Community Amenity Area – Village Centre’;

- ‘Community Amenity Area I’;

- ‘Community Amenity Area II’;

- ‘Business Park Area’;

- ‘Business Corridor Area’;

- ‘Transportation and Utilities’;

- ‘Parkland’;

- ‘Environmental Protection Area - Woodlot’;

- ‘Environmental Protection Area - Hazard Lands’; and,

- ‘Environmental Protection Area – Minor Tributary’.

c) In addition to the land use designations, a variety of specific land uses are identified symbolically on Schedule ‘AA’, including:

- an Elementary School - York Catholic District School Board;

- an Elementary School - York Region District School Board;

- a Community Park;

- a Neighbourhood Park;

- a Regional Gateway; and,

- Intersection Improvement Areas.

d) Schedules ‘AA’ and ‘BB’ provide schematic information and may be subject to minor adjustments during the plan of subdivision and/or site plan approval processes without the need for an Amendment to this Secondary Plan, provided that the proposed change is necessary to:

- preserve natural vegetation or other environmentally significant features or functions;

- preserve public views to parks, valleys and public features;

- preserve a heritage resource;

- accommodate stormwater management facilities;

- accommodate Arterial Road improvements; and/or,

- accommodate the building forms, land use relationships, street patterns or development requirements as established in the Community Design Plan or the findings of an Environmental Impact Study.

Notwithstanding the above requirements, minor changes to Schedule ‘AA’ will only be permitted without the need for an Amendment to this Secondary Plan if the general intent of the Plan and its fundamental principles are maintained to the satisfaction of the Town.

Similarly, minor changes to Schedule ‘BB’ will only be permitted without the need for an Amendment to this Secondary Plan provided the basic requirements of the Arterial and Collector Road pattern and the principles of connectivity and appropriate traffic accommodation and distribution are maintained to the satisfaction of the Town.

e) The Concept Plan for the Planning District, attached to this Secondary Plan as Appendix V demonstrates a conceptual structure and general form of development, including a potential Local Road network. The Concept Plan will act as a general guide in preparing the Community Design Plan. Further refinements to the Concept Plan, desired building forms, streetscape elements, open space system and development requirements may be undertaken during the preparation of the Community Design Plan and confirmed through plans of subdivision and implementing zoning by-laws.

Further refinements to the road pattern identified on the Concept Plan may be undertaken through the completion of the Community Design Plan, Box Grove Internal Traffic Study, Environmental Assessment Studies, plans of subdivision, and other studies as identified in Section 6.1.2 a).

f) The Major Collector Road identified on Schedule ‘BB’ shall divide the ‘Business Park Area’ and ‘Business Corridor Area’ designations from the residential neighbourhoods to the south.

g) The development interface between residential land uses and non-residential land uses will be considered in the preparation of the Community Design Plan. The Community Design Plan will provide the design direction for the various interface conditions by determining the appropriate mitigating features, which may include public roads and their required streetscape elements, buffer strips, service roads, flankage lots, medians, enhanced setbacks, landscaping, berming and fencing.

h) Ministry of Transportation approval is required for all development applications located within 46m of the Highway 407/Transitway property line. A minimum setback of 13.7m shall be required from the Highway 407/Transitway property line for all above and below ground buildings and structures, including detention ponds.

i) All development within the Planning District shall be planned and zoned on a comprehensive basis and shall consider impacts on all natural features and shall be compatible with adjacent developments. The zoning by-law shall incorporate provisions relating to the height, density and design of development based on the provisions of this Secondary Plan and the Community Design Plan.

j) For the purposes of this Secondary Plan, “Net Site Area” will refer to the contiguous area of the development parcel, exclusive of lands intended for environmental protection, parks, stormwater management facilities, schools and public roads. This definition will be used in the calculation of Net Density.

k) For the purposes of this Secondary Plan, “Development Approval” or “approval of development” means draft plan of subdivision approval, site plan approval or the passing of any implementing zoning bylaw.

5.2 LAND USE DESIGNATIONS – RESIDENTIAL DISTRICT

5.2.1 General Residential Policies

a) It is the intent of this Secondary Plan to ensure the development of residential neighbourhoods that provide a variety of primarily ground-oriented housing types and a range of commercial and community facilities that will satisfy the needs of local residents.

As such, lands designated for ‘Urban Residential’ on Schedule ‘AA’, shall generally include the following land uses:

- a variety of estate, low and medium density house forms;

- two elementary schools;

- parkettes; and,

- community facilities.

Lands designated ‘Community Amenity Area’ on Schedule ‘AA’ shall generally include the following land uses:

- a variety of housing forms;

- parkettes;

- community facilities, day care centres and places of worship; and,

- small scale retail, service and office commercial development.

b) The total number of dwelling units, inclusive of existing dwellings but exclusive of possible units on the two proposed elementary school sites which may be deemed surplus over time, shall be approximately 2,600.

c) Notwithstanding Section 2.13 of the Official Plan (Revised 1987) as amended, the target housing type mix for the estimated number of housing units within the Planning District shall be generally in accordance with the target housing type mix identified in Appendix I to this Secondary Plan. The number of units will be further defined through the Community Design Plan and confirmed through implementing plans of subdivision and zoning by-laws.

d) Notwithstanding the number of dwelling units anticipated by this Secondary Plan, the Town reserves the right to ensure, through the approval of plans of subdivision, that the density and range of housing types within this Planning District are consistent with provisions of this Secondary Plan and the Development Phasing Plan.

5.2.2 Urban Residential – Low Density Housing I

a) It is the intent of the ‘Urban Residential – Low Density Housing I’ designation, as shown on Schedule ‘AA’, to integrate the existing land uses of the community of Box Grove with the proposed urban land uses that will be developed adjacent to the community over time.

b) Within the majority of the area designated ‘Urban Residential – Low Density I’, housing forms will include only single-detached dwellings. Other housing forms may be permitted on lands fronting Fourteenth Avenue, as identified in c) below.

c) On lands designated ‘Urban Residential – Low Density Housing I’ that front onto Fourteenth Avenue, new uses compatible with and complementary to existing development may be permitted. Specifically, those uses or mix of uses may include:

- detached, semi-detached, duplex, triplex, and fourplex dwellings at a maximum height of 2.5 storeys;

- townhouse and other appropriate multiple dwelling types at a maximum height of 2.5 storeys and at a maximum net density of 37 units per hectare; and/or,

- business and professional offices or mixed office/residential buildings at a maximum height of 2.5 storeys.

d) There are a variety of existing non-residential land uses within the ‘Urban Residential – Low Density Housing I’ designation. The existing church, community centre and associated day care centre, are deemed to conform to this Secondary Plan, and may continue subject to the regulations of their existing zoning by-law permissions as of the date of adoption of this Plan. Expansions to these existing non-residential land uses not anticipated by existing zoning may be considered through the rezoning process.

e) Notwithstanding the land use provisions of this Plan, the permitted uses at 7828 9^th Line may include the following:

- the uses permitted along Fourteenth Avenue in Section 5.2.2 c);

- the existing general store and accessory gasoline pumps, and the accessory sale of not more than 2 automobiles; and

- a limited range of low intensity commercial uses such as an art gallery, antique shop, specialty boutique, day care centre, a bed and breakfast establishment, personal service shop, or a full service restaurant.

Any change in use or expansion of existing uses shall be subject to zoning and site plan approvals to confirm the suitability of the property for the proposed use.

f) Other existing non-residential land uses within the ‘Urban Residential – Low Density Housing I’ designation are considered non-conforming and are subject to the policies of Section 2.8 of the Official Plan (Revised 1987) as amended.

g) Notwithstanding the general permissions provided in sections 5.2.2 c) to e) above, not all of the listed uses shall be permitted as-of-right by the implementing zoning by-law(s). Each zoning and site plan application for development on lands designated ‘Urban Residential – Low Density Housing I’ with the exception of a detached dwelling, shall consider the impacts on heritage structures and existing mature vegetation, shall be reviewed on the basis of a specific proposal, accompanied by detailed plans, and shall be subject to compliance with the following criteria, to the satisfaction of the Town:

- provide adequate lot frontage and lot area to achieve an appropriate development parcel;

- provide adequate off-street parking that is located in a manner sensitive to site characteristics and appropriately screened from any abutting residential lots and from the street;

- connect all new development to municipal water and sanitary sewers;

- provide appropriate and safe vehicular access to the arterial or collector road system;

- provide appropriate landscaping, setbacks and other amenities in terms of both site development and separation and buffering from adjacent lands, including the adjacent road rights-of-way; and,

- ensure the external design of any new construction is in keeping with existing residential buildings in terms of form, scale and massing.

h) Existing lots may be further subdivided or severed to permit new detached dwellings within the area designated ‘Urban Residential – Low Density Housing I’ on the basis that all resulting development is compatible with existing development, is connected to municipal water, is connected to municipal sanitary sewer services or meets the minimum requirements of the Town and the Region for a private septic system, and meets the intent of the provisions of Section 5.2.2g).

i) As a condition of approval of development within the area designated ‘Urban Residential – Low Density Housing I’, with the exception of applications for an individual severance or other forms of minor infilling and redevelopment , the proponent of a development shall be required to enter into the Developer’s Group Agreement.

j) Some of the existing residential lots along Fourteenth Avenue near 9^th Line are currently within the flooding hazard limit of the 9^th Line tributary. It is the policy of this Plan that measures to minimize or eliminate the existing flood hazard should be incorporated into the design of stormwater management facilities and watercourse improvements for the 9^th Line tributary to the extent feasible, in accordance with Provincial floodplain policy and urban drainage guidelines.

Applications for development or building permits for those lots along Fourteenth Avenue within the flooding hazard limit of the 9^th Line tributary shall be conditional upon being able to implement flood proofing measures satisfactory to the Town in consultation with the Conservation Authority. All applications shall be accompanied by engineering studies prepared by a qualified professional. Council reserves the right to protect from development any lands within the area needed to achieve the flood and erosion control, environmental protection, recreation or open space objectives of this plan.

5.2.3 Urban Residential - Low Density Housing II

a) Housing forms permitted in the ‘Urban Residential – Low Density Housing II’ designation as shown on Schedule ‘AA’, may include detached, semi-detached, duplex, street and block townhouses and linkhouse dwellings. The average Net Density of all units in the ‘Urban Residential - Low Density Housing II’ designation shall be within the range of 17.0 to 37.0 units per hectare.

b) All dwelling units within the ‘Urban Residential-Low Density Housing II’ designation shall have a maximum height of 3 storeys. Exceptions to the height limitation may be permitted in order to address topography and/or site grading matters, subject to appropriate integration with surrounding development.

c) All new development within the ‘Urban Residential – Low Density Housing II’ designation abutting the ‘Urban Residential – Low Density Housing I’ designation shall have a maximum height of 2.5 storeys and shall be compatible in terms of built form and character with residential land uses in the adjacent ‘Urban Residential - Low Density Housing I’ designation. The Town shall ensure, in reviewing applications for development on lands abutting existing development within the ‘Urban Residential – Low Density Housing I’ designation, that the impacts related to overshadowing, privacy and amenity, including the loss of existing mature vegetation, are minimized.

d) The existing golf course shall be deemed to be a permitted use within the ‘Urban Residential - Low Density Housing II’ designation at the south end of the Planning District.

5.2.4 Community Amenity Area – Village Centre

a) The ‘Community Amenity Area – Village Centre’ designation applies to those lands as shown on Schedule ‘AA’. This area is expected to become the central urban focus of the Planning District and to provide opportunities for development of single use and mixed use buildings and projects.

b) The area designated ‘Community Amenity Area – Village Centre’ may accommodate a range of medium density residential housing and a range of small scale retail, personal service and business uses. The average Net Density of all dwelling units in the ‘Community Amenity Area – Village Centre’ designation shall be within the range of 30 to 80 units per hectare. A diversified mix of small scale commercial establishments is encouraged to provide animation and pedestrian activity at street level.

c) Other land uses may include those identified in Sections 3.4.6.2 c) of the Official Plan (Revised 1987) as amended, except that the following uses shall not be permitted:

- hotels and motels;

- night clubs;

- automobile service stations;

- car washes;

- funeral homes;

- automobile repair uses; and,

- banquet halls.

d) All new development within the ‘Community Amenity Area - Village Centre’ designation abutting the ‘Urban Residential – Low Density Housing I’ designation shall have a maximum height of 2.5 storeys and shall be compatible in terms of built form and character with residential land uses in the adjacent ‘Urban Residential - Low Density Housing I’ designation. The Town shall ensure, in reviewing applications for development on lands abutting existing development within the ‘Urban Residential – Low Density Housing I’ designation, that the impacts related to overshadowing, privacy and amenity, including the loss of existing mature vegetation, are minimized.

e) All development within the ‘Community Amenity Area – Village Centre’ designation shall be planned and zoned comprehensively, on the basis of a specific set of urban design guidelines included as part of the Community Design Plan.

f) Development shall proceed in accordance with the policies of 3.4.6.2 of the Official Plan (Revised 1987) as amended and the policies of this Secondary Plan.

5.2.5 Community Amenity Area I

a) The ‘Community Amenity Area I’ designation applies to those lands shown on Schedule ‘AA’. Notwithstanding the provisions of Section 3.4.6.2 c) of the Official Plan (Revised 1987) as amended, the designation is intended to provide opportunities for development of single use and mixed use buildings and projects and may include low and medium density forms of housing as identified in Section 3.3.2 a) i), ii), and iii) of the Official Plan (Revised 1987) as amended.

b) Other land uses may include those identified in Sections 3.4.6.2 c) of the Official Plan (Revised 1987) as amended, except that the following uses shall not be permitted:

- hotels and motels;

- entertainment uses;

- night clubs;

- automobile service stations;

- car washes;

- funeral homes;

- automobile repair uses; and,

- banquet halls.

c) All development within the ‘Community Amenity Area I’ designation shall be planned and zoned comprehensively, on the basis of a specific set of urban design guidelines included as part of the Community Design Plan.

d) Development shall proceed in accordance with the policies of Section 3.4.6.2 of the Official Plan (Revised 1987) as amended and the policies of this Secondary Plan.

5.2.6 Community Amenity Area II

a) The ‘Community Amenity Area II’ designation applies to those lands shown on Schedule ‘AA’. The designation is intended to provide opportunities for development of single use and mixed use buildings and projects, including medium and high density residential building forms as identified in Section 3.3.2 a) ii), iii) and iv) of the Official Plan (Revised 1987) as amended.

b) Other land uses may include those identified in Sections 3.4.6.2 c) of the Official Plan (Revised 1987) as amended, except that the following uses shall not be permitted:

- entertainment uses;

- night clubs;

- funeral homes;

- automobile repair uses; and,

- banquet halls.

c) All development within the ‘Community Amenity Area II’ designation shall be planned and zoned comprehensively, on the basis of a specific set of urban design guidelines included as part of the Community Design Plan.

d) Development shall proceed in accordance with the policies of Section 3.4.6.2 of the Official Plan (Revised 1987) as amended, and the policies of this Secondary Plan.

5.3 LAND USE DESIGNATIONS - EMPLOYMENT DISTRICT

5.3.1 General Employment Area Policies

a) It is the intent of this Secondary Plan to ensure the development of a prestigious employment area that provides for office and industrial employment opportunities. It is also the intent to provide appropriate locations for retail, service and similar uses.

b) This employment area shall be equal in quality and design to the many other successful business areas in the Town. The design of the employment area shall capitalize on its prominent location adjacent to Highway 407, future transit facilities and other possible future employment areas associated with the Highway 407 east extension.

c) The total net site area for lands designated ‘Business Park Area’ and ‘Business Corridor Area’ shall be a minimum of 42.5 net hectares (105 acres). There shall be no reduction in the total net site area for lands designated ‘Business Park Area’ and ‘Business Corridor Area’ without an Amendment to this Secondary Plan.

5.3.2 Business Park Area

a) Lands within the ‘Business Park Area’ designation identified on Schedule 'AA', shall be subject to the general provisions of Section 3.5 and the specific provisions of Section 3.5.6.2 of the Official Plan (Revised 1987) as amended, and to the provisions of this Secondary Plan.

b) Permitted uses within the ‘Business Park Area’ designation shall include those identified in Section 3.5.6.2 c) of the Official Plan (Revised 1987) as amended, except that the following uses shall not be permitted:

- places of worship; and,

- motels.

c) The lands located within the area bounded by the Highway 407/Transitway right-of-way, the Town Arterial Road, Reesor Road and the CPR Havelock Line are designated ‘Business Park Area’ and are denoted with the Regional Gateway symbol on Schedules ‘AA’ and ‘BB’. These lands have been identified by the Province as a potential site for a regionally scaled transportation gateway, intended to become a transfer point among various modes of local, regional and interregional transit facilities.

Development on the subject lands will be consistent with the requirements for a Regional Gateway facility. Development of the Regional Gateway shall be integrated with, and include employment generating land uses and shall be planned on a comprehensive basis with zoning approval based on an urban design concept satisfactory to the Town. Notwithstanding required comprehensive planning, development on the subject lands may occur in phases.

Should any or all of the subject lands not be required by the Province or any other public agency for the purpose of establishing a Regional Gateway, then they may be developed in accordance with the provisions of the ‘Business Park Area’ designation, without the need for an amendment to this Secondary Plan.

5.3.3 Business Corridor Area

a) Lands within the ‘Business Corridor Area’ designation identified on Schedule 'AA', shall be subject to the general provisions of Section 3.5 and the specific provisions of Section 3.5.6.3 of the Official Plan (Revised 1987) as amended, and to the further provisions of this Secondary Plan.

b) Permitted uses within the ‘Business Corridor Area’ designation may include those identified in Section 3.5.6.3 c) of the Official Plan (Revised 1987) as amended.

5.4 LAND USE DESIGNATIONS – TRANSPORTATION AND UTILITIES

5.4.1 Transportation and Utilities

a) Lands within the ‘Transportation and Utilities’ designation, as identified on Schedule ‘AA’, shall be subject to the provisions of Section 3.13 of the Official Plan (Revised 1987) as amended.

b) In addition to the uses permitted in Section 3.13 of the Official Plan(Revised 1987) as amended, the existing golf course shall be deemed to be a permitted use within the ‘Transportation and Utilities’ designation.

c) To ensure that an adequate and continuous road pattern can be provided, development of lands immediately adjacent to the lands designated ‘Transportation and Utilities’ and lands identified by the ‘Intersection Improvement Area’ symbol on Schedule ‘AA’ shall be prohibited until such time as an Environmental Assessment Study, or other appropriate transportation study, prepared to the satisfaction of the Town and the Region, has identified the land requirements to protect for the Planned Link and the Arterial Road on the north side of the CPR Havelock Line and their intersections with other collector and Arterial Roads within the Planning District, as well as the possible future grade separations for 14^th Avenue and the Planned Link at the CPR Line. In the event that any lands designated ‘Transportation and Utilities’ or lands identified by the ‘Intersection Improvement Area’ symbol are deemed by the Town and the Region not to be required for road related purposes, land uses will be permitted in accordance with the immediately adjoining land use designation as shown on Schedule ‘AA’. Such land uses may be permitted without further amendment to this Secondary Plan.

5.5 LAND USE DESIGNATIONS – OPEN SPACE SYSTEM

5.5.1 General Open Space System Policies

a) The open space system shall be visible and accessible to the public. Unobstructed views and access to major components of the open space system shall be provided. Continuous road frontage adjacent to such facilities will be encouraged.

b) Linkages between significant environmental features are encouraged and shall be protected and enhanced, wherever feasible, in order to strengthen and support core habitat functions in the long term.

c) Appropriate planting shall be encouraged along public rights-of-way, including rail, hydro, and road corridors, both to create ecological linkages and for visual amenity. Specific consideration shall be given in the Community Design Plan to providing enhanced planting along specific east-west Road corridors north of Fourteenth Avenue, to provide an east-west landscaped pathway linkage between the 9^th Line tributary, the urban square, and the tributaries of the Little Rouge Creek west of the Town Arterial Road.

d) Important park and open space features, including the Community Park, are structured to provide a series of large scale visual and physical links having exposure to the road network.

e) The Town will work cooperatively with private landowners, other government agencies, and community groups to restore and enhance the tributaries to the Little Rouge Creek, and the Rouge River.

f) Natural features that are not specifically designated by this Secondary Plan, such as hedgerows, shall be protected and incorporated into the open space system and public and private development projects, wherever possible. The salvage of plant materials from development areas to parks and other open space areas shall be encouraged.

g) The open space system within the Planning District includes:

- a Community Park, associated with an Elementary School, located on lands north of Fourteenth Avenue;

- a Neighbourhood Park, associated with an Elementary School and the existing Box Grove Community Centre, that is centrally located on lands south of Fourteenth Avenue;

- several Parkettes, including the urban square to be located at the northeast corner of Fourteenth Avenue and the realigned 9^th Line and a Parkette centrally located within the residential neighbourhood north of Fourteenth Avenue;

- the stormwater management facilities;

- the valley systems, and associated buffers, of the tributaries of the Rouge River and Little Rouge Creek;

- the valley system of the Rouge River adjacent to the existing Box Grove community;

- the Ontario Hydro corridor at the south end of the Planning District;

- a variety of significant environmental features and associated buffers, including the identified significant tableland woodlot;

- a landscaped pathway link connecting the urban square with the 9^th Line tributary, and the tributaries of the Little Rouge Creek north of 14^th Avenue;

- various open space linkages that are intended to connect the major parks, stormwater management facilities and environmental features into an open space system.

h) Environmental buffers, having a minimum width of 10 metres, shall be included within the Environmental Protection Area designations. The purpose of an environmental buffer is to protect the ecological function and integrity of significant natural features and to provide the opportunity for enhancement and restoration. Lands in the environmental buffer shall be preserved in their natural, undisturbed condition, or in cases where the indigenous vegetation has been removed, shall be landscaped through appropriate planting. Adequate measures to ensure the protection of vegetation within the environmental buffer during construction will be required. The buffer may accommodate a public pathway, however, no buildings or structures of any kind, or removal or placement of fill shall be permitted in the environmental buffer.

Minor intrusions or exceptions to the minimum environmental buffer requirement may be permitted only based on an approved Environmental Impact Study.

i) Additional environmental buffering shall be encouraged through urban design measures. For example, compatible community amenities such as school and park sites shall be encouraged adjacent to the environmental buffer. These uses may incorporate the environmental buffer on site provided buildings and structures are not situated within the environmental buffer.

j) All lands within the open space system shall be secured by the Town, or other public agency, in accordance with the policies of the Official Plan (Revised 1987) as amended.

k) Notwithstanding j) above, or any other policy of the Official Plan (Revised 1987) as amended, the following shall not be considered for parkland dedication under the provisions of the Planning Act:

- lands designated ‘Environmental Protection Area – Hazard Lands’ or ‘Environmental Protection Area – Minor Tributary’, except portions of the environmental buffer where it forms an integral part of a park site, as determined by the Town.;

- remnant land parcels located between a public road and the CNR/CPR rights-of-way;

- remnant land parcels located between a public road and an area designated ‘Environmental Protection Area – Hazard Land or ‘Environmental Protection Area - Minor Tributary’’; and,

- any other land parcel deemed unsuitable for parkland dedication by the Town.

l) Lands conveyed to the Town as open space shall be prepared and landscaped as required by the Town and in accordance with any environmental management, restoration or enhancement recommendations of the Open Space Master Plan or other environmental study approved by the Town.

5.5.2 Parkland

a) Public parkland shall be provided in accordance with the provisions of the Planning Act, the policies and standards of the Official Plan (Revised 1987) as amended, and this Secondary Plan. Under no circumstances shall public parkland be provided within the Planning District at a rate less than:

- for non-residential development - 2 percent of the land area; plus,

- for residential development - 1.62 hectares per thousand people.

b) Parks or portions thereof may be designed to include stormwater management facilities. Where stormwater management facilities are included in parks, the design of such facilities will be subject to the approval of the Town, in consultation with the Conservation Authority. In instances where grading, the presence of water or the size or configuration of a portion of the lands associated with the stormwater management facility precludes its functional use for the required park purposes, the unusable portion of the lands shall not be accepted as part of the parkland dedication.

c) The Community Park is established in accordance with the provisions of Section 3.9.3 of the Official Plan (Revised 1987) as amended, and is identified symbolically on Schedule ‘AA’. The Community Park encompasses the significant tableland woodlot, which is designated ‘Environmental Protection Area – Woodlot’ and is adjacent to an elementary school to facilitate comprehensive planning and multi-purpose shared use of community facilities. The existing significant hedgerows north of the woodlot, and the mature specimen sugar maple tree east of the woodlot shall be retained as features in the Community Park/ elementary school site, where feasible.

d) The Neighbourhood Park is established in accordance with the provisions of Section 3.9.3 of the Official Plan (Revised 1987) as amended, and is identified symbolically on Schedule ‘AA’. The Neighbourhood Park is located south of Fourteenth Avenue adjacent to an elementary school and the existing Box Grove Community Centre to facilitate comprehensive planning and multi-purpose shared use of community facilities.

e) Parkettes are generally not identified on Schedule ‘AA’. Parkettes may not necessarily be in public ownership. The following policies apply to parkettes:

- Parkettes are permitted in all land use designations except ‘Environmental Protection Areas’, and are encouraged throughout the Planning District;

- Parkettes may take the form of tot-lots, urban squares, plazas, and/or gardens which are integral components of a building or project design;

- Parkettes are encouraged to be distributed within a five minute walk (approximately 400 metres) of all residences and businesses, allowing them to serve as small scale gathering places to provide a community focus;

- Parkettes are encouraged on corner lots to ensure high visibility, will be appropriate in size for their intended use, and may accommodate seating areas and/or children’s play equipment; and,

- Parkettes that are required by the Town will be credited toward the parkland dedication. Parkettes not required by the Town will be considered by the Town as acceptable toward the parkland dedication, subject to a review of the above criteria, on a case-by-case basis.

Two Parkettes are designated ‘Parkland’ on Schedule ‘AA’ and are specifically required by this Secondary Plan:

- the first required Parkette is identified at the north east corner of the intersection of Fourteenth Avenue and the realigned 9^th Line. This Parkette shall be in the form of an urban square. It shall be approximately 0.25 of a hectare in size and shall occupy approximately 35 metres of frontage on Fourteenth Avenue and at least 35 metres of frontage on the realigned 9^th Line. This Parkette will form an integral component of the open space system and shall be connected to an east/west landscaped pathway connecting the valley system of the 9^th Line tributary with the valley systems of the other tributaries further to the east; and,

- the second required Parkette is centrally located within the residential neighbourhood north of Fourteenth Avenue, at the “T” intersection of two Minor Collector Roads.

f) The actual locations, configurations and boundaries of the Community Park, the Neighbourhood Park and the Parkettes shall be established in accordance with the provisions of Section 3.9.3 of the Official Plan (Revised 1987) as amended, this Plan, and the Community Design Plan. The Community Design Plan will also confirm the extent of continuous road frontage adjacent to the Community Park, the Neighbourhood Park and the various Parkettes.

5.5.3 Environmental Protection Area - Woodlot

a) The lands designated as ‘Environmental Protection Area - Woodlot’, as identified on Schedule ‘AA’ shall be subject to the general provisions of Section 2.2.2.4 and Section 2.2.2.9 and the specific provisions of Section 2.2.2.4.3 of the Official Plan (Revised 1987) as amended.

b) The boundary of the lands designated ‘Environmental Protection Area - Woodlot’ shall be the limit of development as defined by the Town in consultation with the Conservation Authority and shall include an environmental buffer in accordance with Section 2.2.2.9 of the Official Plan (Revised 1987) as amended, and Section 5.5.1 h) of this Plan.

c) The Town will require that the lands designated as ‘Environmental Protection Area - Woodlot’ be set aside for environmental protection purposes. It is intended that the Town acquire these lands as part of the parkland dedication, subject to the Community Design Plan confirming the adequate provision of active recreational facilities for the residents of the Planning District. Where the Community Design Plan determines a shortfall of active recreational facilities within the Planning District, the lands designated ‘Environmental Protection Area – Woodlot’ shall be secured by the Town, or other public agency, in accordance with the policies of the Official Plan (Revised 1987) as amended.

5.5.4 Environmental Protection Area - Hazard Lands

a) Lands within the ‘Environmental Protection Area - Hazard Lands’ designation, as identified on Schedule ‘AA’ shall be subject to the provisions of Sections 2.2.2 and 3.10 of the Official Plan (Revised 1987) as amended.

b) The lands designated ‘Environmental Protection Area - Hazard Lands’ shall include an environmental buffer of a minimum 10 meters in width measured from the stable top of bank, the regulatory floodline, meander belt or the dripline of significant contiguous vegetation, whichever is greater.

c) In addition to the uses permitted by Section 3.10 of the Official Plan (Revised 1987) as amended, road crossings, stormwater management facilities and other public utilities and services may be permitted within the ‘Environmental Protection Area - Hazard Lands’ designation, subject to the approval of the Town of the appropriate studies, in consultation with the Conservation Authority.

The Environmental Management Plan should identify the most appropriate location and assess the need for these facilities within the ‘Environmental Protection Area - Hazard Land’ designation. Prior to development approval, an Environmental Master Drainage Plan or detailed Environmental Impact Study shall assess the impact of these facilities and provide recommendations to ensure that there is an overall net environmental benefit to the Rouge watershed.

d) Existing land uses, including a golf course and residential dwellings within the ‘Environmental Protection Area - Hazard Lands’ designation are recognized as permitted land uses. The residential land uses may be replaced and enlarged provided that any new construction is located beyond the regulatory floodline and is set back from the stable top of bank to the maximum extent possible.

e) Modification to the boundaries of the ‘Environmental Protection Area - Hazard Lands’ designation, to reflect a more detailed determination of the regulatory floodline, stable top-of-bank, meander belt, or the dripline of significant contiguous vegetation and associated environmental buffer will be permitted without an Amendment to this Secondary Plan, subject to the satisfaction of the Town in consultation with the Conservation Authority.

f) The zoning by-law may provide that lands within the environmental buffer may be included in the land area of abutting development lands for the purposes of density calculations, notwithstanding that the lands within the buffer will be conveyed to the Town.

g) Where private properties along the Rouge River corridor are designated ‘Environmental Protection - Hazard Lands’, such as the residential properties along Rouge River Circle, the private property owners shall be encouraged to participate in stewardship programs aimed at the preservation of natural resources, restoration of degraded areas, and the appropriate management of adjacent lands.

h) As a condition of the approval of development on adjacent lands, the Town will require that lands designated as ‘Environmental Protection Area - Hazard Lands’, including the associated environmental buffer, be set aside for environmental purposes, and conveyed to the Town or other public agency in accordance with the policies of Section 2.2.2 of the Official Plan (Revised 1987) as amended.

5.5.5 Environmental Protection Area - Minor Tributary

a) Lands designated ‘Environmental Protection Area - Minor Tributary’ as shown on Schedule ‘AA’ shall be subject to the provisions of Sections 2.2.2.4.2 b), c) and d) of the Official Plan (Revised 1987) as amended.

b) The lands designated ’Environmental Protection Area - Minor Tributary’ shall include an environmental buffer of a minimum 10 metres in width measured from the stable top of bank, the regulatory floodline, meander belt or the dripline of significant contiguous vegetation, whichever is greater.

c) As a condition of the approval of development on adjacent lands, the Town may require that lands designated as ‘Environmental Protection Area – Minor Tributary’, including the associated environmental buffer, be set aside for environmental purposes, and conveyed to the Town or other public agency in accordance with the policies of Section 2.2.2 of the Official Plan (Revised 1987) as amended.

d) Consideration shall be given in the development process to the removal of existing barriers to fish migration at the lower end of the 9^th Line tributary, and the implementation of stormwater management facilities and watercourse improvements which reduce the flood hazard for homes along Fourteenth Avenue.

e) Notwithstanding the requirements of the above policies of this Section of this Secondary Plan, the specific treatment of the lands designated ‘Environmental Protection Area - Minor Tributary’ may be more fully explored through an Environmental Impact Study prior to the approval of development applications on adjacent lands. Should an Environmental Impact Study determine that a portion or all of the tributary may be realigned and/or otherwise altered in a manner acceptable to the Town in consultation with the Conservation Authority, the boundary of the ‘Environmental Protection Area - Minor Tributary’ designation may be altered and/or redesignated without further Amendment to this Secondary Plan.

f) In the event that the boundary of the ‘Environmental Protection Area - Minor Tributary’ designation is altered and/or redesignated, land uses will be permitted in accordance with the immediately adjoining land use designation as shown on Schedule ‘AA’. Such land uses may be permitted without further Amendment to this Secondary Plan.

5.6 SPECIFIC LAND USE POLICIES

5.6.1 Schools

a) Elementary Schools are a permitted land use within the ‘Urban Residential – Low Density Housing II’ designation. Two Elementary School sites, one for each School Board, are identified symbolically on Schedule ‘AA’. They are permitted in accordance with the provisions of Section 3.6 and other applicable provisions of the Official Plan (Revised 1987) as amended. These locations have been selected to reflect the role of school sites in supporting the community structure and patterns of land use.

b) The location, size and configuration of the identified school sites will be further defined by the Town, to the satisfaction of the School Boards, through the Community Design Plan and implementing plans of subdivision. Elementary school sites may be relocated to the satisfaction of the School Boards without further Amendment to this Secondary Plan provided the alternate sites are consistent with the structural objectives and attributes of those sites denoted on Schedule ‘AA’.

c) Additional elementary school sites within the Planning District may be permitted without Amendment to this Secondary Plan, following a review by the Town, in consultation with the School Boards, of the impact that any additional school site would have on the community structure and pattern of land use.

d) The school boards have not identified a need for a secondary school site within the Box Grove Planning District at this time. Subject to a review by the Town, in consultation with the School Board, of the impact that a secondary school site would have on the community structure and pattern of land use, a secondary school site may be permitted without Amendment to this Secondary Plan in the following designations:

- ‘Community Amenity Area I’;

- ‘Community Amenity Area II’;

- the ‘Business Corridor’ area adjacent to 9^th Line; and’

e) The identified school sites are campused with public parkland and are an integral component of the open space system and community structure. School sites and buildings will be developed in accordance with the following policies:

- joint use sites and multiple use buildings will be encouraged wherever possible;

- efficient site designs, utilizing smaller school site sizes and the construction of multiple storey buildings that permit smaller building floorplates shall be encouraged; and,

- parking and loading areas will be provided on site with primary access points from adjacent Collector Roads designed in a manner that will minimize conflicts between pedestrian and vehicular traffic.

f) In the event that all or part of a school site should not be required by a School Board, the Town shall have first right of refusal to acquire all or part of a surplus school site for appropriate park or community facility uses, following a review of the impact that the loss of the school site would have on community structure and pattern of land use. The subdivision or other appropriate agreements will establish the conditions for the acquisition of such sites.

g) Elementary school sites not required by the School Boards or acquired by the Town may be developed for residential uses consistent with the policies of the ‘Urban Residential - Low Density II’ designation, without Amendment to this Secondary Plan. In processing development applications for lands which include elementary school sites, the Town may provide in the plans of subdivision and implementing zoning for the possible conversion of the school sites to low density residential use in the event the sites become surplus to school board requirements.

5.6.2 Places of Worship

a) The existing Place of Worship located at the northwest corner of 14^th Avenue and Legacy Drive is a permitted use within the ‘Urban Residential – Low Density Housing I’ designation. New Places of Worship shall only be permitted within the following designations in accordance with the provisions of Section 3.6 and other applicable provisions of the Official Plan (Revised 1987) as amended:

- ‘Business Corridor Area’;

- ‘Community Amen