APPLICATIONS FOR OFFICIAL PLAN AMENDMENT AND ZONE CHANGE

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1 COMMUNITY AND STRATEGIC PLANNING P. O. Box 1614, Court House, Woodstock Ontario N4S 7Y3 Phone: Fax: Web Site: Our Files: OP & ZON APPLICATIONS FOR OFFICIAL PLAN AMENDMENT AND ZONE CHANGE TO: The Mayor and Members of Norwich Township Council MEETING DATE: March 11, 2008 REPORT NO.: OWNER: Waterloo-Oxford Co-operative Inc. 21 Church Street West, Elmira, ON N3B 1M2 AGENT: Derek Dudek, MCIP, RPP IBI Group London Suite Oxford St. West, London, ON N6H 1T3 LOCATION: Part Lot 10, Concession 4, Township of Norwich (North Norwich); north side of Main Street West, west of Spring Street, in the Village of Norwich - municipally known as 136 Main Street West COUNTY OF OXFORD OFFICIAL PLAN: Schedule N-1 Schedule N-2 Schedule C-3 Township of Norwich Land Use Plan Village of Norwich Land Use Plan County of Oxford Settlement Strategy Plan Settlement Industrial and Low density Residential Serviced Village TOWNSHIP OF NORWICH ZONING BY-LAW NO Z: Existing Zoning - Requested Zoning - Development (D) and General Industrial (MG) zones. Special Development (D-special), Special Recreational (REC-special); and General Industrial (MG) zones. Court House, 415 Hunter Street, Woodstock Ontario N4S 4G6

2 NORWICH

3 File No. OP & ZON Report No Page 2 APPLICATION REVIEW: (a) Proposal: Applications for amendment to the Official Plan and Township of Norwich Zoning By-law have been submitted for review. The subject site is located in the western area of Norwich Village and comprises a mix of agricultural-commercial and agricultural-industrial uses, including a large open storage area, and farm land in crop production. The northern portion of the property that is subject to the applications comprises an area of approximately 12.8 ha (31.6 ac). No changes to the existing developed southern portion of the property are proposed at this time. This proposal will facilitate the future development of the vacant portion of the property by separating the vacant lands from the developed portion and allowing conveyance to another party with more experience in subdivision development. More specifically, the application for amendment to the Official Plan seeks to establish land use designations of Open Space and General Industrial, in place of the current designation of Low Density Residential on a 1.8 ha (4.4 ac) portion of the subject property, which comprises the northerly part of the lot to be retained. The Zone Change application requests approval of the appropriate zones required to implement the Oxford County Land Division Committee s decision for the related severance application (#B-76/07). For Council s information, this property was recently considered for severance, in conjunction with application #B-76/07. At its meeting of September 6, 2007, the Land Division Committee considered the consent application, and granted provisional consent subject to a number of conditions, including conditions to establish appropriate land use designations and zoning for the proposal. Also, for Council s information, consent application #B-29/06 was granted by the Oxford Land Division Committee on June 1, That application proposed a different lot configuration (than the current proposal) of the undeveloped northern portion of the property. Standard conditions were imposed by the Committee, including a requirement to enter into a Severance Agreement with the Township of Norwich and to undertake a reapportioning of the drainage assessment. Since no further action was taken by the applicant to complete the severance process the provisional consent for #B-29/06 lapsed on June 10, Plate 1, Location and Existing Zoning, indicates the location of the subject property, as well as the existing zoning in the immediate vicinity. Plate 2, 2006 Aerial Orthophotography, shows the extent of development in this westerly neighbourhood of the Village of Norwich. A large portion of the southern part of the site has developed into a mix of agricultural-commercial and agricultural-industrial uses, with the commercial use (retail store and open storage) located near the Main Street West (Oxford Road 18) and the industrial use (grain elevator and related storage buildings) located behind the commercial building. The approximate location of the proposed lot line is illustrated on this plate.

4 Approx. Location New Lot Line SUBJECT SITE Main St West NORWICH PLATE 2: OP & ZON (136 Main St West, Norwich Village - Waterloo-Oxford Co-operative) 2006 Aerial Orthophotography (with parcels overlay)

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6 File No. OP & ZON Report No Page 3 Plate 3, Applicant s Revised Site Sketch, shows the approximate dimensions of the retained and severed lots and the locations of the existing buildings. (b) 2005 Provincial Policy Statement The 2005 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The policy framework came into effect on March 1, Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions shall be consistent with all policy statements issued under the Act. The policies of Section 1.1 MANAGING AND DIRECTING LAND USE TO ACHIEVE EFFICIENT DEVELOPMENT AND LAND USE PATTERNS, encourage the development of sustainable healthy, livable and safe communities by, among other means, avoiding development and land use patterns which may cause environmental or public health and safety concerns. The policies of Section SETTLEMENT AREAS, require land use patterns with these areas to be appropriate for, and efficiently use, infrastructure and public service facilities which are available or planned. Additionally, the policies of Section 1.3 EMPLOYMENT AREAS, promote economic development by, among other means, ensuring the necessary infrastructure is provided to support current and projected needs. In this case, the lack of municipal servicing capacity (water and sanitary) for new development in the western area of Norwich Village does not provide the immediate, or short term opportunity to allow development of the proposed severed lot as a draft plan of subdivision. Until such time as additional servicing capacity is made available in Norwich Village, no further development of new residential subdivisions can proceed to the approval stage (draft plan approval granted by County Council). However, this application will allow the owner to meet the conditions of the Oxford County Land Division Committee in regard to consent application #B-76/07 and to subsequently convey the severed lot to another party who may be in a better position to address the servicing and development issues associated with a plan of subdivision. The applicant s proposal to re-designate and re-zone lands affected by the consent proposal and create a lot that will be developed via draft plan of subdivision at a future date would appear to be consistent with these Provincial policies. (c) Official Plan: The subject property is located within the Settlement designation on Schedule N-1, Land Use Plan for the Township of Norwich. Norwich Village is a Serviced Village according to the County of Oxford Settlement Strategy Plan, Schedule C-3. Within the Settlement area, the southern portion of the subject site is designated as an Industrial area of the village. The northern portion of the subject site is designated as a Low Density Residential area. Under the Industrial designation policies for Settlements with full services, lands are to be developed for a range of assembly, manufacturing, fabricating, processing, and repair activities, as well as, environmental, wholesaling, storage/warehousing, construction, communication/utility, transportation/ cartage and technology service industries. These

7 File No. OP & ZON Report No Page 4 industries and activities should not require large volumes of water or produce significant volumes of effluent. Additionally, ancillary showroom, retail, office and sales uses that are associated with the main use(s) on a site are permitted, subject to restrictions established in the Zoning By-law. In accordance with the policies of Section , Service Commercial uses may be permitted where the lands have direct frontage on a major road, subject to a site-specific Zoning By-law Amendment. In the Low Density Residential designation, vacant lands are to develop in a comprehensive manner, via plan of subdivision, in order that all development issues can be properly addressed. The severed lot is sufficient in size to accommodate many new homes; however, sufficient setbacks between the existing grain elevator operation and any new development will be required to be considered once a draft plan of subdivision is submitted for review. The applicant has indicated the reasons for the unusual lot configuration for the severed lot is to address setback issues between future residential and the existing industrial uses. The severed lot will have direct access to Spring Street, via Bailey Street and Mary Street, which are unopened Township road allowances. The recently completed Oxford Natural Heritage Study (October 2006) identified a small woodlot area having an approximate area of 0.9 ha (2.2 ac) on the north-eastern portion of the severed lot. Where such areas are identified, it is expected that appropriate impact studies will be submitted for review in conjunction with any proposal for development, in order that mitigation measures can be identified and addressed through the required development agreements. In this case, the applicants have determined that a separation buffer of at least 70 meters (230 ft) between the existing industrial uses and the future residential development is necessary in order to address the Ministry of Environment Guideline D-4 which concerns noise and vibration impacts between industrial uses and sensitive land uses like homes. The proposal to establish an Open Space designation, measuring at least 70 m (230 ft) in width will ensure that an adequate separation buffer will exist between the existing industrial and commercial uses and the future residential subdivision lands. Once a draft plan of subdivision for the severed lot is submitted for review, any additional studies (noise and vibration) and recommended mitigation measures will be reviewed by staff and the relevant commenting agencies. Therefore, the application to amend the Official Plan can be supported. Generally, this development proposal conforms to the Official Plan policies for Settlement areas. (d) Zoning By-law: The subject property is zoned Development (D) and General Industrial (MG) in the Township Zoning By-law. The D zone recognizes existing development conditions; new development requires appropriate re-zoning for the intended uses. Where sanitary sewers are available, the MG zone requires a minimum lot frontage of 30 m (98.4 ft), a minimum lot area of 1000 sq.m. (10,764 sq.ft.) and a minimum lot depth of 35 m (114.8 ft). The retained lot exceeds all of these minimum requirements. The

8 File No. OP & ZON Report No Page 5 applicant s request to extend slightly the General Industrial Zone (MG) will establish the northern limit of industrial development. No special provisions are required to implement the requirements of the Land Division Committee for this portion of the retained lot. Therefore, this request can be supported. Additionally, the applicant has requested Special Recreational zoning be established for the open space buffer lands on the northern fringe of the retained lot. No development is proposed for this future buffer area. This 70m (230 ft) wide strip of land should be rezoned to ensure any future purchaser of the severed lot clearly understands that the buffer separating the industrial uses from the future residential lands is wholly contained on the retained lot. This approach will ensure that any residential subdivision design can include residential lots that back onto the open space buffer land. Therefore, this portion of the application can be supported. The northern portion of the site will remain vacant until municipal servicing issues are resolved to the County s satisfaction. As with other recent applications involving similar future development sites in Norwich Village, the use of a Special Development Holding zone is considered appropriate. In each case, the related Holding provisions require specific steps or conditions to be met to the Township s or County s satisfaction before the site-specific Holding provision is lifted. These specific conditions are listed in the amending by-law and they include a requirement that the developer complete the comprehensive review of a draft plan of subdivision and secure confirmation that adequate municipal services exist, or are planned, for this area of western Norwich Village in order to accommodate development on this site. (e) Agency Review: This application has been reviewed by a number of public agencies. The Ministry of Municipal Affairs and Housing indicated no concerns with the proposal to re-designate and re-zone these lands. The Township Chief Building Official noted the applicant s request was reasonable and would accommodate future development on the northern part of the subject site. The County Department of Public Health and Emergency Services has indicated no concerns with the proposal. The County Department of Public Works has indicated no concerns. The Township Economic Development Officer indicated no concerns with this proposal. The remaining circulated agencies, consisting of the Township Public Works Superintendent and the Township Drainage Superintendent have indicated that they have no objections to or comments regarding the application. Public Notice of the proposal was sent to the neighbouring property owners on February 20, No comments have been received as of the date of this report.

9 File No. OP & ZON Report No Page 6 (f) Planning Summary: These applications seek to establish appropriate land use designations and zoning for the vacant portion of a larger future development site in western Norwich Village. A review of the proposal in regard to the 2005 Provincial Policy Statement determined the proposal is consistent with the applicable Provincial policies. A review of the proposal in regard to the Official Plan determined that re-designating the northern portion of the lot to be retained for Open Space and Industrial purposes is considered appropriate within a designated Settlement area. Future development of the severed lot (northern portion of the site) will be subject to the comprehensive review normally required for a draft plan of residential subdivision. The applicant s request to establish Special Development Holding zoning for the severed lot and Special Recreational and General Industrial zoning for the northern portion of the retained lot, can be supported. Special provisions within the Development Zone are necessary to recognize the reduced lot area and existing frontage of the future development site. At a future date, appropriate residential zoning will be established once the subdivision review process is completed. In this respect, in order to ensure that any future owner or developer of the severed lot clearly understands that servicing issues remain unresolved for this site, a Holding provision is recommended for Council s consideration. The applicant understands that removal of the Holding provision will only occur once the draft plan of subdivision is completed and the Township and County are satisfied that all appropriate arrangements have been made to provide full municipal services to the future residential development site. Within the Special Recreational zone, permitted uses will be limited to those that are considered appropriate for acting as a buffer between the industrial use and the more sensitive future residential uses. Based on the above analysis and the comments of circulated agencies, the applications for Official Plan amendment and zone change to implement the recent decision of the Oxford County Land Division Committee, in respect of consent application #B-76/07, would be consistent with the 2005 Provincial Policy Statement, would conform to the Official Plan and can be supported from a Planning perspective. The attached Official Plan Amendment and Zoning By-law Amendment are included for Council s consideration RECOMMENDATIONS: It is recommended that the Council of the Township of Norwich advise Oxford County Council that they support an application to amend the Official Plan as submitted by Waterloo-Oxford Co-operative Inc. to change the land use designation for a portion of the lands described as Part Lot 10, Concession 4 (North Norwich), for lands located within the Village of Norwich from 'Low Density Residential' to 'Open Space and Industrial.

10 File No. OP & ZON Report No Page 7 It is recommended that the Council of the Township of Norwich approve in principle the zone change application of Waterloo-Oxford Co-operative whereby lands consisting of Part Lot 10, Concession 4 (North Norwich), in the Village of Norwich, Township of Norwich, are rezoned from Development Zone (D) to General Industrial Zone (MG), Special Recreational Zone (REC-10) and Special Development Holding Zone [D-9(H)] to implement the decision of the Oxford Land Division Committee in respect of application for consent #B-76/07. Authored By: Stephen Couture Stephen Couture, B.E.S. Planner Approved By: Paul Michiels Paul Michiels, Senior Policy Planner SC/ March 6, 2008 File: OP & ZON _Waterloo-Oxford Co-op

11 AMENDMENT NUMBER TO THE COUNTY OF OXFORD OFFICIAL PLAN the following text and schedule, attached hereto, constitute Amendment Number to the County of Oxford Official Plan.

12 COUNTY OF OXFORD BY-LAW NO BEING a By-Law to adopt Amendment Number to the County of Oxford Official Plan. WHEREAS, Amendment Number to the County of Oxford Official Plan has been recommended by resolution of the Council of the Township of Norwich and the County of Oxford has held a public hearing and has recommended the Amendment for adoption. NOW THEREFORE, the County of Oxford pursuant to the provision of the Planning Act, R.S.O. 1990, as amended, enacts as follows: 1. That Amendment Number to the County of Oxford Official Plan, being the attached schedule, is hereby adopted. 2. This By-Law shall come into force and take effect on the day of the final passing thereof. READ a first and second time this day of, READ a third time and finally passed this day of, PAUL J. HOLBROUGH WARDEN KENNETH J. WHITEFORD, CLERK

13 1.0 PURPOSE OF THE AMENDMENT The purpose of the amendment is to change the land use designation for the subject site from Low Density Residential to Open Space and Industrial to accommodate the severance of future development lands from the southern developed portions of the subject site. The related severance application is consent #B-76/ LOCATION OF LANDS AFFECTED This Amendment applies to lands located west of Spring Street and north of Main Street West, in the Village of Norwich; being Part of Lot 10, Concession 4 (North Norwich), Township of Norwich. 3.0 BASIS FOR THE AMENDMENT The purpose of the application for Official Plan amendment submitted by Waterloo- Oxford Co-operative Inc. is to establish appropriate land use designations in support of future development of a severed lot and to recognize the northern limit of the developed portion of an industrial site. An Open Space designation will be used as a 70m (230 ft) wide buffer between the existing Class 2 industrial use and the future residential subdivision development, in order to reduce conflict between the industrial use and the sensitive residential uses. 4.0 DETAILS OF THE AMENDMENT 4.1 That Schedule "N-2" Village of Norwich Land Use Plan is amended by changing the Low Density Residential land use designation for the lands designated Area of this Amendment on Schedule A attached hereto to Open Space and Industrial IMPLEMENTATION This Official Plan Amendment shall be implemented in accordance with the implementation policy of the Official Plan. 6.0 INTERPRETATION This Official Plan Amendment shall be interpreted in accordance with the interpretation policy of the Official Plan

14 SCHEDULE "A" AMENDMENT No. 125 TO THE COUNTY OF OXFORD OFFICIAL PLAN SCHEDULE "N-2" VILLAGE OF NORWICH LAND USE PLAN Meters ITEM 1 NORTH COURT STREET ITEM 2 CENTRE STREET MAIN STREET Otter Creek - AREA OF THIS AMENDMENT LAND USE PLAN LEGEND ITEM 1 - CHANGE FROM LOW DENSITY RESIDENTIAL TO OPEN SPACE ITEM 2 - CHANGE FROM LOW DENSITY RESIDENTIAL TO INDUSTRIAL LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL OPEN SPACE INDUSTRIAL VILLAGE CORE SERVICE COMMERCIAL FLOOD LINE Produced By The Department of Corporate Services GeoGraphics Information Systems 2008