THE CORPORATION OF THE TOWN OF MILTON
BY-LAW NO. 101-2009
BEING A BY-LAW TO AMEND THE TOWN OF MILTON COMPREHENSIVE
ZONING BY-LAW 144-2003, AS AMENDED, PURSUANT TO SECTION 34 OF THE
PLANNING ACT, AS AMENDED, IN RESPECT OF THE LANDS DESCRIBED AS
PART OF LOTS 8 AND 9, CONCESSION III, NASSAGAWEYA (WOODBINE
ENTERTAINMENT GROUP), FILE: Z-05/03
WHEREAS the Council of the Corporation of the Town of Milton deems it
appropriate to amend Comprehensive Zoning By-law 144-2003, as amended;
AND WHEREAS the Region of Halton approved Town of Milton Official Plan
Amendment No. 26 on October 2008;
AND WHEREAS the Town of Milton Official Plan Amendment No. 26 provides for
the lands affected by this by-law to be zoned as set forth in this by-law;
NOW THEREFORE the Council of the Corporation of the Town of Milton hereby
enacts as follows:
1.0 THAT Schedule A to Comprehensive Zoning By-law 144-2003, as amended, is
hereby further amended by changing part of the existing site-specific Auto
Commercial (C5*4) zone symbols to Greenlands A (GA), a site-specific
Greenlands A (GA*4a), a site-specific Greenlands A (GA*4b), a site-specific
Greenlands B (GB*4a), a site-specific Greenlands B (GB*4b), a site-specific
Golfcourse (GC*4), an Open Space (OS) and a site-specific Open Space
(OS*4) Zone symbol on the land and adding the Holding (H) symbol, H7, to
each of the zone symbols on this property as shown on Schedule A attached
hereto.
2.0 THAT Section 13.2 of By-law 144-2003 is amended by adding the following
conditions for removal of this H7 Holding Provision:
“H7” shall not be removed until:
a) The Region of Halton has advised that they are satisfied with the
Owner’s Environmental Adaptive Management Plan with respect to the
property;
b) The conditions in Appendix 4 to report PD-011-08 have been satisfied
to the satisfaction of Conservation Halton and Halton Region and the
Director of Planning and Development or Town Council is prepared to
approve the Site Plan for the development and the use of a golf course
on the lands and the Owner has entered into a site plan agreement
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with the Town with respect to the golf course and has posted the
associated securities, and;
c) The Owner has satisfied all of its obligations pursuant to the Tree
Compensation Agreement between the Owner and the Town.
3.0 THAT the current provisions of section 13.1.1.4 are deleted and section
13.1.1.4 is amended to read as follows:
i) For the purposes of this by-law, the Guelph Line frontage of the property is
deemed to be the front yard of the lot;
ii) In addition to Section 4.11.3, where any Golfcourse (GC) Zone or any AutoCommercial (C5) Zone abuts a Greenlands A Zone, the greater of the 7.5
metre flood plain allowance measured from the regional flood plain limit and
the 30 metre fish habitat buffer measured from the centre line of the creek,
shall be reserved for no other purpose than a Conservation Use, but may
include sight line clearing, golf course related tees, rough, golf cart paths and
fairways, and associated grading to the extent necessary. These uses are
permitted, subject to approval by Conservation Halton, provided that they do
not encroach into the flood plain setback.
iii) Notwithstanding Section 4.18.2, golf fairways, roughs, tees and greens are
allowed to encroach into the Minimum Distance Separation required by the
2007 MDS guidelines provided that there shall be no such encroachment into
the Minimum Distance Separation of 378 metres as required by the 1995
MDS guidelines.
iv) For lands zoned a site-specific Auto Commercial (C5*4), the following
standards and provisions also apply:
1. Notwithstanding Table 7B, the only uses permitted are:
a. a Horse Race Track;
b. one Hotel; and,
c. Villas;
(Note: Additional uses as permitted in Ministerial Zoning
Order(s) of the Province)
2. For the purposes of this section 13.1.1.4, the definition of “Villa” is
as follows:
Villa
Means a premises in which lodging or sleeping accommodation
are provided to the general public on a temporary basis and
may include limited private cooking facilities, such as a
kitchenette.
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3. For the purposes of this section 13.1.1.4, the minimum parking
requirement for a Villa is one parking space per suite.
4. Special Zone Standards:
a. The minimum front yard depth shall be the greater of 25
metres or 1.5 times the height of the building;
b. The maximum height for the hotel is 10 storeys to a
maximum height of 46 metres;
c. The maximum height for a grandstand is 20 metres;
d. The minimum landscape buffer abutting a street line shall be
7.5 metres;
e. The mimimum landscaped open space is 10%;
f. Notwithstanding any provisions to the contrary, Section
7.3.1 and Section 7.3.2 shall not apply.
g. Notwithstanding Section 7.3.4, equipment and items
associated with the racetrack may be stored outdoors,
provided that the lands used for the open storage are
screened from a public street, but open storage of wastes
and/or manure shall not be permitted.
v) Notwithstanding Section 11.1 Permitted Uses, Table 11 A, for lands zoned a
site-specific Greenlands A *4a (GA*4a), additional permitted uses shall
include “horse race track” subject to the following footnote: “Any alteration to
the horse race track, accessory building or structure, and/or associated site
works are subject to the regulations and policies of Conservation Halton.”
vi) Notwithstanding Section 11.1 Permitted Uses, Table 11 A, for lands zoned a
site-specific Greenlands A *4b (GA*4b) and the abutting strip of land required
in accordance with Section 4.11.3, additional permitted uses shall include
“Creek crossing and associated access path for golf carts and sight line
clearing subject to approval by Conservation Halton;
vii) Notwithstanding Section 11.1 Permitted Uses, Table 11 A, for lands zoned a
site-specific Greenlands B *4a (GB*4a), the only uses permitted are a
Conservation Use. Tree cutting, roads and paths are not permitted.
viii)Notwithstanding Section 11.1 Permitted Uses, Table 11 A, for lands zoned a
site-specific Greenlands B *4b (GB*4b) the only use permitted is a
Conservation Use.
ix) Notwithstanding Section 11.1 Permitted Uses, Table 11 A, for lands zoned a
site-specific Golfcourse *4 (GC*4) the golf course use shall be permitted, but
the number of holes shall be restricted to 18 for the golf course.
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x) Notwithstanding Section 11.1 Permitted Uses, Table 11 A, for lands zoned a
site-specific Open Space *4 (OS*4), the only permitted uses are a
Conservation Use and existing uses subject to footnote *1, Table 11 A.
4.0 THAT, Section 13.2 is amended by adding Section 13.2.1.25 to read as follows:
For lands zoned a site-specific Auto Commercial (C5*4) and lands zoned sitespecific Golfcourse (GC*4), Greenlands A (GA), site-specific Greenlands A
(GA*4a), site-specific Greenlands A (GA*4b), site-specific Greenlands B
(GB*4a), site-specific Greenlands B (GB*4b), Open Space (OS), site-specific
Open Space (OS*4), the property description being 9430 Guelph Line (Mohawk
Racetrack), only legally established existing uses are permitted until the
conditions for removal identified in the “H7” Holding provision are satisfied.
5.0 If no appeal is filed pursuant to Section 34(19) of the Planning Act, R.S.O.
1990, c. P.13, as amended, or if an appeal is filed and the Ontario Municipal
Board dismisses the appeal, this by-law shall come into force on the day of its
passing. If the Ontario Municipal Board amends the by-law pursuant to Section
34 (26) of the Planning Act, as amended, the part or parts so amended come
into force upon the day the Board’s Order is issued directing the amendment or
amendments.
THIS BY-LAW SHALL COME INTO FORCE AND EFFECT ON 20 JULY, 2009 IN
ACCORDANCE WITH MEMORANDUM OF ORAL DECISION AND ORDER OF
THE BOARD – ISSUED JULY 27, 2009 – OMB File No. PL031213 and PL090328.
Approved by the Ontario Municipal Board this 20th day of July, 2009.
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