The Corporation of the TOWN OF MILTON

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1 Report to: From: Chair & Members of the Administration & Planning Standing Committee W.F. Mann, Director of Planning and Development Date: March 21, 2011 Report No. PD (Town File Z.08/10 - Radha Soami Society Beas Canada) Subject: Public Meeting and Technical Report - Proposed Amendments to the Zoning By-law by Radha Soami Society Beas Canada to allow an extension of a temporary zoning by-law amendment to permit an existing study centre for an additional three years at Sixth Line. RECOMMENDATION: THAT Planning and Development Report PD outlining an application for an amendment to the Town of Milton Zoning By-law , as amended, in order to allow an extension to a temporary use by-law in order to permit an existing study centre for an additional three years at lands located at Sixth Line. EXECUTIVE SUMMARY AND THAT staff be authorized to bring forward an amending Zoning By-law in accordance with the draft By-law attached as Appendix 1 to Report PD for Council adoption. In spring 2004, an application requesting approval of a temporary use by-law to allow the conversion of an existing barn to a proposed study centre for a period of three years was submitted on behalf of the Radha Soami Society Beas Canada. The application was not supported by Planning staff at the time on the basis that the application was premature as there was no Secondary Plan in place. In June 2008, the Ontario Municipal Board (OMB) approved the temporary use bylaw to permit the Science of the Soul study centre at for a three year period. In accordance with the Planning Act, the temporary use by-law will expire in June of 2011 and accordingly the applicant is requesting a further extension of the existing use for another three years. Conclusions and Recommendations: Staff recommends that the application for a temporary use by-law amendment, to temporarily (i.e. 3 years) permit the above noted use, BE APPROVED for the following reasons:

2 Report No. PD Page No. 2 REPORT Background The proposal conforms to the Provincial, Regional and Town planning policy; The proposal fulfils reasonable planning standards; The proposal is compatible with adjacent land uses and is appropriate for the subject lands; Services such as water and sewage disposal have been demonstrated to be sufficient; There is an executed development agreement in place between the Town and the applicant to ensure certain restrictions are in place in relation to how the property can be used. Owner/Applicant Radha Soami Society Beas Canada 6516 Sixth Line RR # 1 Milton ON L0P 1E0 Authorized Agent Glenn Schnarr & Associates Inc. c/o Mr. Brian Sutherland Senior Planner 10 Kingsbridge Garden Circle, Suite 100 Mississauga ON L5R 3K6 Location/ Legal Description: Property Description: 6516 Sixth Line and 6566 Sixth Line Part Lot 9, Concession 6, Former geographic Township of Trafalgar, Town of Milton, Region of Halton. The subject lands consist of two portions of separate properties (i.e and 6566 Sixth Line) and together are approximately hectares (128.8 ac) in size. They are located on the west side of Sixth Line, south of Derry Road. The portion of the property, which is the subject of the current applications, has an area of 8.29 hectares (20.48 acres) and a frontage of approximately 80 metres (262 feet). Three single detached dwellings and two barns are located on the subject lands. Two tributaries of Sixteen Mile Creek traverse the property and a wooded area extends along its southerly limit. A significant portion of the Sixth Line frontage of the property is located within the Regional Storm flood plain. The balance of the property is utilized for a variety of agricultural uses including vegetable gardens, fruit orchards and field crops. A 45 m wide

3 Report No. PD Page No. 3 easement in favour of Union Gas extends along the northerly limit of the subject lands, adjacent to the location of the larger barn which has been converted to a study centre together with an associated parking lot area. The Science of the Soul Study Centre is a non-denominational charitable organization dedicated to fostering spiritual development in the individual. The Study Centre is an institutional land use similar to a place of assembly where regular meetings are held in lecture format. Members are instructed in the study of mystic philosophy and the writings of many of the world s religions. The location of the property is shown on Figure 1. Surrounding Land Uses: Subject Lands: Existing Science of the Soul Study Centre Zoned site-specific temporary use (T-11- FD*112) to the north: Golf Course (GC) and Greenlands (GA) Zone Recreational (Trafalgar Golf and Country Club) to the west: Agricultural and Utility Future Development (FD), Agricultural (A1), Greenlands A and B Zones to the south: Agricultural Greenlands B (GB) Zone, Agricultural (A1) Zone to the east Agricultural and non-farm related residential Agricultural (A1) and Greenlands A (GA) Zones Planning Policy Provincial Policy Statement (PPS) (2005) The PPS provides policy direction on matters of provincial interest related to land use planning and development and encourages development to be consistent with the following relevant policies: Settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted

4 Report No. PD Page No. 4 Supports the development of strong communities through the promotion of efficient, cost-effective development and land-use patterns intended to stimulate economic growth Planning authorities shall promote economic development and competitiveness by: providing for an appropriate mix and range of employment (including industrial, commercial and institutional uses) to meet long-term needs Existing infrastructure and public service facilities should be optimized, wherever feasible, before consideration is given to developing new infrastructure and public service facilities. Efficient use shall be made of existing and planned infrastructure. It is staff s opinion that the application is consistent with the PPS given that the temporary use by-law has been approved by the OMB and this application simply deals with an extension of the existing use for an additional three years. Furthermore, the original application was made in 2004 and deemed premature as there was no Secondary Plan in place. Since that time, the Town has adopted the Derry Green Corporate Business Park Secondary Plan (OPA #29). Although the Plan is not yet in full force and effect, (as it is requires final adoption from Regional Council), there is an established detailed framework plan in place for the area which provides strategic direction on the overall development of the area. Accordingly, staff has had an opportunity through the Derry Green Secondary Plan to identify and recognize the existing use of the subject lands as a study centre. Places to Grow Places to Grow is the Ontario government's program to manage growth and development in Ontario in a way that supports economic prosperity, protects the environment and helps communities achieve a high quality of life. It encourages the development of complete communities with a diverse mix of land uses within a compact development pattern. In this way a diversity of opportunities for living, working and enjoying culture can be achieved whilst maintaining easy access to local stores and services. It is staff s opinion that the proposal is consistent with the Provincial Growth Plan. Region of Halton Official Plan The proposal has been reviewed within the context of Council and OMB approved Official Plan Amendment 25 (ROPA 25). The Science of the Soul Study Centre is located on the portion of the property within the Region s Urban Area land use designation. Policy 76 of ROPA 25 states that the range of permitted uses and the creation of new lots will be in accordance with Local Official Plans and Zoning By-laws. All development, however, shall be subject to the policies of the Plan.

5 Report No. PD Page No. 5 Regional staff has indicated that they have no objection to the proposed extension of the temporary use by-law amendment for an additional three years. Town of Milton Official Plan The portion of the lands on which the Study Centre is located falls within the expanded Urban Area and are designated Business Park Area within the Urban System on Schedule B Land Use Plan of the Town of Milton Official Plan. The Business Park Area designation permits a full range of business park and offices uses, in addition to commercial uses in accordance with the policies of Section of the Plan. Business Park uses include institutional land uses as noted in Section of the Plan. Section of the Town of Milton Official Plan speaks to temporary use by-laws and notes that temporary use by-laws shall only be passed if they conform to the Regional Plan (1995). Moreover, in order to ensure the wider interests of the general public are safeguarded, the proposal must fulfil reasonable planning standards, is compatible with adjacent uses, the property is appropriate for the proposed use and services are adequate for the proposed use. It is staff s opinion that the proposed application achieves these criteria and conforms to the intent of the Town s Official Plan as the use has been established since 2008 and this application is simply an extension of the use for an additional three years. Furthermore, in accordance with the OMB decision, there is an executed development agreement entered by both the Town and the applicant to ensure restrictions were placed on exactly how the building could be used. Derry Green Corporate Business Park Secondary Plan The subject lands fall with the Derry Green Corporate Business Park Secondary Plan. These lands fall within the Natural Heritage Oriented Area which specifically recognize and permit the study centre as a temporary use. Zoning By-law , as amended A site-specific temporary use by-law was approved on June 3, 2008 by the OMB. This site specific by-law changed the zoning on the property from Future Development (FD) to the current temporary site-specific (T-11-FD*112) zone. This site specific amendment permits the continuation of the study centre use for an additional three years.

6 Report No. PD Page No. 6 Site Plan Control The applicant has already obtained site plan approval for the development including entering into a site plan agreement with the Town and providing securities to guarantee the completion of works in accordance with the approved drawings.. Consultation Public Consultation The Notice of a Public Meeting was circulated to persons assessed in respect of land 300 metres of the subject property on March 1, No written comments from the public were received as of yet in response to the written notice. Agency Consultation The application was circulated to internal departments and external agencies on June 4, None of the agencies have provided any objection to the approval of the application to extend the temporary use by-law for an additional three years. Discussion The portion of the subject lands, subject to this application, fall within the Derry Green Corporate Business Park Secondary Plan Area of the Urban Expansion Area in the Town of Milton. The OMB approved the original temporary use by-law in 2008 to establish Science of the Soul Study Centre in an existing barn. Since that time, the Derry Green Secondary Plan has been approved (albeit not yet in full force and effect), which provides strategic direction of how the area is to develop. Accordingly, the Secondary Plan recognizes the study centre as a temporary use. As the duration of a temporary use by-law is restricted to three years in accordance with Planning Act requirements, Council retains the ability to re-evaluate the continued appropriateness of the use in light of the progression of development within the Derry Green Secondary Plan. Planning staff is of the opinion that the continuation of the existing land use as a study centre is an appropriate interim use for the subject property and is compatible with existing surrounding land uses. The use has been established for the last three years in which any compatibility issues have not been raised by surrounding neighbours. The applicant has obtained site plan approval from the Town thus ensuring issues such as landscaping, buffering, traffic and parking have been adequately addressed. In addition, the Town has placed restrictions on the operation of the use through a development agreement (which has been abided by for the last three years) and continues to be applicable. Furthermore, the existing use appears to have adequate services and does not compromise its future development for any of the future planned land uses.

7 Report No. PD Page No. 7 Relationship to the Strategic Plan The application is consistent with the following goals of the Town s Strategic Plan (Destiny Milton 2): Well Managed Growth, Well Planned Spaces: Encourage the development of a range of uses that will support Milton as a place to work, live and play; Encourage the provision of a healthy supply of employment and commercial lands to serve local needs at all times; Encourage the provision and maintenance of an appropriate mix of residential, commercial, industrial and institutional uses A Safe, Livable and Healthy Community: Enhance leisure, cultural and educational opportunities/experiences that contribute to personal enjoyment, growth and development Financial Impact There are no financial implications associated with this report. Respectfully submitted, W.F. Mann, MCIP, RPP, OALA, RPF Director of Planning & Development cl If you have any questions on the content of this report: Christian Lupis, Planner Development Review Ext Attachments: Figure 1 - Location Map Figure 2 Site Plan Appendix 1 Draft By-law CAO Approval:

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