Planning Justification Report

Planning Justification Report 103 and 105 Toronto Street Town of Markdale, Municipality of Grey Highlands Maverick Developments November 5, 2016 Zelinka Priamo Ltd. Page i

TABLE OF CONTENTS Page No. 1.0 2.0 2.1 2.2 3.0 3.1 3.2 3.3 4.0 5.0 6.0 6.1 6.2 6.3 6.4 7.0 INTRODUCTION... 1 LAND CONTEXT... 1 The Subject lands... 1 Surrounding Land Uses... 3 PLANNING POLICY CONTEXT... 3 Grey County Official Plan... 3 Municipality of Grey Highlands Official Plan... 3 Municipality of Grey Highlands Zoning By-Law 2004-50... 5 PROPOSED DEVELOPMENT... 5 PROPOSED APPLICATION... 7 PLANNING DOCUMENTS AND ANALYSIS... 7 2014 Provincial Policy Statement (PPS)... 7 Analysis of the Grey County Official Plan... 8 Analysis of the Municipality of Grey Highlands Official Plan... 8 Analysis of the Municipality of Grey Highlands Zoning By-Law 2004-50... 11 CONCLUSIONS... 12 Zelinka Priamo Ltd. Page i

1.0 INTRODUCTION Maverick Developments has submitted an application to amend the Municipality of Grey Highlands Official Plan and Zoning By-Law for the lands located at 105 Toronto (the subject lands ) in the Village of Markdale, in the Municipality of Grey Highlands. The purpose of the proposed amendments is to re-designate the subject lands from the Neighbourhood Area land use designation to the Employment Area designation, and to re-zone the lands from the current Residential (R) Zone and Residential Multiple (RM) Zone to the Commercial (C2) Zone, in order to permit the development of a food store. The purpose of the following land use Planning Justification Report is to evaluate the proposed Official Plan and Zoning By-Law Amendment for the subject lands within the context of existing land use policies and regulations, including the Provincial Policy Statement, the Grey County Official Plan, the Municipality of Grey Highlands Official Plan and the Zoning By- Law. 2.0 LAND CONTEXT 2.1 THE SUBJECT LANDS The subject lands are a rectangular shaped parcel located on the north side of Toronto Street between Uplands Drive and Mark Street East, in the Village of Markdale. The lands have an area of approximately 1.39ha (3.42ac), with a frontage of 78.7m (258ft) on Toronto Street and a depth of 176.1m (558ft) (Figure 1). Figure 1 Subject lands and surrounding context The subject lands consist of an existing parcel of land, approximately 0.10 hectare (0.25 acre) in size, known municipally as 103 Toronto Street, as well as a 1.39ha (3.42ac) portion of the Zelinka Priamo Ltd. Page 1

224.86ha (91ac) overall parcel of land, known municipally as 105 Toronto Street. It is intended that a consent application will be submitted to server the portion of 105 Toronto Street from the 224.86ha land holdings and be consolidated with the smaller parcel, to create the limits of the subject lands. Figure 2 Subject lands The subject lands are largely vacant, save and except for a single detached dwelling at 103 Toronto Street (Figures 2-3). The lands slope from southwest to northeast, diagonally across the site. Figure 3 Subject lands from Knight s Hill Road Zelinka Priamo Ltd. Page 2

2.2 SURROUNDING LAND USES Directly west of the subject lands is the St. Joseph Church as well as a church manse, while the Christ Anglican Church is located further west, on the north side of Toronto Street. To the east of the subject lands are existing residential dwellings fronting on Toronto Street and some onto Uplands Drive. On the south side of Toronto Street, between Mark Street East and Uplands Drive, are residential dwellings and the Annesley United Church. West of Mark Street East, on both the north and south of Toronto Street and comprising part of the Downtown area, are residential dwellings, commercial land uses in converted residential dwellings and commercial buildings. East of Uplands Drive, on the north side of Toronto Street, is a mix of commercial land uses, including a food store (Markdale Foodland); and on the south side of Toronto Street is an institutional long term care facility known as Grey Gables. Toronto Street/Highway No. 10 is one of two main thoroughfares through the Village, the other thoroughfare being Main Street/Regional Road No. 12. 3.0 PLANNING POLICY CONTEXT 3.1 GREY COUNTY OFFICIAL PLAN The subject lands are identified as being within a Primary Settlement Area as per Schedule A Map 2 and Secondary Schedule Map 2f in the Grey County Official Plan. Primary Settlement Areas are larger settlements with full municipal servicing (i.e. water and sanitary services), and a wide range of uses, services and amenities. Development is directed to these areas as they are the primary areas for residential and non-residential growth. The subject lands are also shown as being within a Wellhead Protection Area (WHPA) as per Appendix A Map 2 of the County Official Plan. Specifically, the majority of the subject lands are within Zone B with a small portion within Zone C, due to the proximity of a municipal well approximately 200m to the southwest. The proposed development is consistent with the intent and purpose of the Grey County Official Plan. 3.2 MUNICIPALITY OF GREY HIGHLANDS OFFICIAL PLAN The Village of Markdale is identified as a Primary Settlement Area within the Municipality of Grey Highlands Official Plan. The subject lands are designated Neighbourhood Area according to the inset on Schedule A Land Use and Schedule A-1 Land Use for the Village of Markdale (Figure 4). Toronto Street, also known as Highway 10, is among the Special Areas Provincial Roads identified on Schedule B. Zelinka Priamo Ltd. Page 3

Figure 4 Municipality of Grey Highlands Official Plan Schedule A (excerpt) Within the Municipality of Grey Highlands the majority of growth is to be directed to primary settlement areas. As an identified Urban Area, Section 4.5.1(a) of the Official Plan provides that urban areas encourage a wide variety of lands uses and housing types to develop in Markdale. Section 4.5.1 (b) sates that, All new development will occur on full municipal water and sanitary treatment facilities. The Neighborhood Area designation is intended for lands which are primarily residential in nature but may also be suitable for other commercial, institutional and open space uses compatible with residential development. Permitted uses in the Neighbourhood Area designation as set out in Section 4.5.3.1.1, are as follows: low and medium density residential dwellings; neighbourhood convenience commercial uses; home occupations; bed and breakfast establishments; recreational uses such as public parks and community recreational uses; institutional uses such as places of worship, schools, cemeteries, libraries, nursing homes and retirement homes; and public and private clubs. Although the proposed use on the subject lands is intended to provide neighbourhood commercial uses as contemplated by the Neighbourhood Area designation, out of an abundance of caution, an Official Plan Amendment is required to redesignate the lands to an appropriate commercial designation. Zelinka Priamo Ltd. Page 4

3.3 MUNICIPALITY OF GREY HIGHLANDS ZONING BY-LAW 2004-50 The majority of the subject lands are zoned Residential (R) while the rear portion of the subject lands are zoned Residential Multiple (RM) on Schedule B-1 to By-law 2004-50 (Figure 5). Permitted uses in the Residential (R) zone include one (1) single detached dwelling; home occupations; and uses, buildings and structures accessory to a permitted use. The Residential Multiple (RM) zone permits a broader range of residential uses and greater density of development than the Residential (R) zone including single detached dwellings; semi-detached dwellings; duplex dwellings; multi-attached dwelling units; apartments; home occupation; and uses, buildings and structures accessory to a permitted use. A Zoning By-law Amendment application is required to permit the proposed commercial development on the subject lands. Figure 5 Grey Highlands Zoning By-Law Map (excerpt) 4.0 PROPOSED DEVELOPMENT The subject lands are proposed to be developed for a 3,025m 2 (32,560ft 2 ) food store as well as a 342.8m 2 (3,460ft 2 ) retail building (Figure 6). The food store building is located to the rear of the subject lands with a total of 178 parking spaces provided in front. Access to the site has been proposed via a right-in/right-out off of Toronto Street South, as well as two access points from a new road to be constructed along the west side of the property, opposite Victoria Street. Loading facilities are located to the rear of the building, screened from public view. Zelinka Priamo Ltd. Page 5

Conceptual building elevations show an enhanced building design (Figure 7). The proposed development of the subject lands for a food store allows for a more accessible and larger food store that better provides for the needs of the residents of Markdale than the existing food store located to the south of the subject lands. Figure 6 Conceptual Site Plan Figure 7 Conceptual Front Elevation Zelinka Priamo Ltd. Page 6

The proposed development is not permitted on the subject lands under the current Neighbourhood Area land use designation, and current Residential (R) Zone and Residential Multiple (RM) Zone. 5.0 PROPOSED APPLICATION As per the comments above, a concurrent Official Plan and Zoning By-Law Amendment application is proposed to re-designate the subject lands to the Employment Area designation, and to re-zone the subject lands to a site-specific Highway and Service Commercial (C2(*)) to permit the proposed development. The site specific regulations required under the C2 zone are as follows: Front Yard Setback (min) 3.0m Exterior Side Yard Setback (min) 3.0m 6.0 PLANNING DOCUMENTS AND ANALYSIS 6.1 2014 PROVINCIAL POLICY STATEMENT (PPS) The Provincial Policy Statement (PPS), issued under the authority of Section 3 of the Planning Act provides policy direction on matters of provincial interest related to land use planning in order to ensure efficient, cost-efficient development and the protection of resources. All planning applications, including Zoning By-Law Amendment applications, are required to be consistent with these policies. The proposed Official Plan and Zoning By-Law Amendment to permit the development of a food store on the subject lands is consistent with the PPS for the following reasons: The subject lands are an underutilized parcel of land within the Markdale settlement area that can support a more efficient use of land and contribute to the mix of land uses in Markdale The proposed use will add a valuable service within walking distance to residents of the community (Sections 1.1.1.b), 1.1.3.1, 1.8.1e)); The subject lands are located adjacent to existing development and represent an infill opportunity (Section 1.1.3.6)); A range of commercial uses will be permitted on the lands, which allow the lands to be utilized more efficiently (Section 1.1.3.2.a)); Greater economic competitiveness is promoted through the increased range of permitted uses (Sections 1.3.1.a)-c), 1.7.1.b)); and, Zelinka Priamo Ltd. Page 7

The proposed development is to be serviced by full municipal services (Section 1.6.6.2). 6.2 ANALYSIS OF THE GREY COUNTY OFFICIAL PLAN Policies for Primary Settlement Areas provide that wide range of uses, services, and amenities utilizing full municipal services are permitted within Markdale. The County Official Plan further provides that policies and development standards will be in accordance with the local Official Plan and/or Secondary Plan. As such, the County Official Plan does not provide specific policies relating to the preferred or required locations for specific uses within settlement areas. Given that the proposed Official Plan and Zoning By-Law Amendment adds to the range of uses and amenities permitted within a Primary Settlement Area, the proposed development is consistent with the policies of the Grey County Official Plan. Given that the subject lands are located within a Wellhead Protection Area a Drinking Water Source Protection Screening Form has been provided. 6.3 ANALYSIS OF THE MUNICIPALITY OF GREY HIGHLANDS OFFICIAL PLAN As a food store and retail stores are not specifically listed as permitted uses under the policies of the current Neighbourhood Area designation, it is proposed that the subject lands be redesignated to the Employment Area designation, out of an abundance of caution. This designation is intended for lands suitable for retail, service commercial and industrial uses. Permitted uses in the Employment Area designation, provided in Section 4.5.3.2.1 of the Official Plan, include but are not limited to the following: retail stores; professional and medical offices; restaurants; service commercial uses; financial institutions; automotive sales and service establishments; and medical clinics. The subject lands are well suited for the Employment Areas designation given their location along a major arterial road (Toronto Street), large lot area, and proximity to residential uses. Frontage along an arterial road diminishes the residential amenity of the subject lands relative to other available sites for residential development, as Toronto Street is intended to carry high volumes of vehicular traffic through the community, as a connecting link for provincial Highway 10. Moreover, the location of the food store proximate to residential uses encourages walking and cycling trip generation, fostering a more active community. The proposed commercial development is compatible with the adjacent existing residential land uses to the north and south, given the existing and future roads separating the subject lands from these areas. In addition, site and landscape design, to be addressed through the Site Plan Approval process, will mitigate impacts of the proposed food store on existing and future residential uses. Zelinka Priamo Ltd. Page 8

Section 2.2 of the Official Plan provides objectives for economic development as follows: (a) To encourage and promote commercial and industrial development in existing settlement areas, particularly the primary and secondary settlement areas, where water and sanitary services are available. (b) In the Primary Settlement Areas, to direct new commercial and industrial development to the areas designated Employment. The proposed development is consistent with the above noted objectives by providing commercial development in a fully serviced area within the Employment Area land use designation. In addition, the proposed development will help to realize the objective of Section 2.4.d) of providing an environmental supportive context for the surrounding residential uses by providing for the frequent shopping needs of residents proximate to where they live and accessible by way of alternative modes of transportation (i.e. walking and/or cycling). The proposed development will be connected to full municipal services, consistent with the servicing policies of the Official Plan. A review of the lands in Markdale reveals that there are no suitably sized, undeveloped parcels of land with frontage on either Toronto Street or Main Street currently designated Employment Area. As such, the subject lands represent a viable and appropriate location for the proposed re-designation to permit the proposed food and retail stores. Section 3.5 of the Official Plan provides urban design policies that are applicable to the subject lands. Subsection (b) provides that all new development should be of a form and style, which blends with existing development in the area. Site Plan Control shall be employed for this purpose. As Site Plan Approval is required to develop the subject lands, urban design aspects of the proposed development will be appropriately detailed through the Site Plan Approval process. Section 6.1.9 of the Official Plan provides items for which Council shall have regard for in evaluating a proposed development. These items are as follows: (a) The need for the proposed use. The existing Foodland location to the south of the subject lands is insufficient to meet the needs of the residents of Markdale. As such, the subject lands are proposed to be developed for a new, larger food store that provides a broader range of product offerings to meet the needs of the community. (b) The extent to which the existing areas in the proposed categories are developed, and the nature and adequacy of such existing development. Zelinka Priamo Ltd. Page 9

As noted above, there are no other sites available in the community that are designated and/or zoned to accommodate a new, larger format food store. Moreover, the existing food store in the community is quite small and not representative of the range and selection of products found in larger format and more contemporary stores. The new store will help capture sales in the Markdale market place that are currently be lost to larger centres due to the limited selection within the community. (c) The physical suitability of the land for such proposed use as it relates to items such as: i. environmental and/or physical hazards; There are no environmental or physical hazards affecting the subject lands. ii. natural heritage features; There are no natural heritage features on or surrounding the subject lands. iii. traffic impacts and safety, accessibility and convenience; A Traffic Impact Assessment is currently being prepared for the subject lands. It is not anticipated that the traffic generated by the proposed development will cause any undue impacts on the existing road systems. iv. the convenience and accessibility of the site to service the community; As shown in the concept plan, the site will be fully accessible and is within walking distance to residential areas within the community. v. adequacy of the potable water supply and suitability of the site for sewage disposal facilities; There is sufficient water and sanitary services to service the proposed development. A detailed servicing study has been completed confirming such. vi. the compatibility and potential effects of the proposed use on the surrounding area with a view to minimize adverse impacts on adjoining properties; and As noted in this report, the proposed use is compatible with adjacent uses, including surrounding low-density residential uses. Appropriate buffering and screening will be implemented throughout the site, through the Site Plan Approval process. vii environmental, engineering, hydrogeological, or other studies may be required to determine the suitability of a site. These reports should identify the existing situation, the impacts, and the required mitigation methods to address adverse impacts. Zelinka Priamo Ltd. Page 10

Additional studies, if required, can be provided through the Site Plan Approval process should any new site concerns arise. (d) The potential effects of the proposed use on the financial position of the municipality, particularly the demand for services and facilities. The proposed development will increase the assessed value of the subject lands, thereby increasing the tax revenue for the municipality. Applicable development charges will also be paid. There are no financial implications on the Municipality as a result of the proposed development. For the reasons noted above, the proposed Official Plan Amendment to re-designate the subject lands to the Employment Area land use designation is appropriate to permit the proposed development. 6.4 ANALYSIS OF THE MUNICIPALITY OF GREY HIGHLANDS ZONING BY-LAW 2004-50 The Highway and Service Commercial (C2) Zone implements the Employment Area land use designation for commercial land uses. Permitted uses in the C2 Zone consist of a wide range of commercial and automotive oriented uses, including professional and business offices; retail commercial; restaurants; financial institutions; passive and active recreational uses; and uses, buildings and structures accessory to a permitted use. The proposed food store falls under the definition of retail store. Lands having frontage along Toronto Street contain a mix of zones including Residential (R), Residential Multiple (RM), Institutional (I ), Downtown Commercial (C1), and Highway and Service Commercial (C2). Currently, the C2 Zone applies to lands to the south of Uplands Drive, permitting such establishments as Steven s Restaurant, Markdale Foodland, Secure Insurance, Mullin s Pet Market, and a Gas-For-Less gas bar and convenience store. These lands abut residential lands zoned Residential (R) to the east. The site-specific regulations of the Highway and Service Commercial (C2) allow for the development of the subject lands as per the proposed concept plan. Given the existing relationship between lands zoned C2 and R noted above, the proposed development is compatible with adjacent lands zoned Residential (R). For the reasons noted above, the proposed Zoning By-Law Amendment is consistent with the policies of the Grey Highlands Official Plan, and is appropriate for the subject lands. Zelinka Priamo Ltd. Page 11

7.0 CONCLUSIONS The proposed Official Plan and Zoning By-Law Amendment to re-designate the subject lands from the Neighbourhood Area designation to the Employment Area designation, and to rezone the subject lands from the Residential (R) and Residential Multiple (RM) to a sitespecific Highway and Service Commercial (C2) is intended to allow for the more efficient use of the subject lands for the development of a new food store and retail store to the village of Markdale. Moreover, the applications will provide for an expanded range of products for the community. The proposed amendment is consistent with the intent and policies of the PPS, the Grey County Official Plan, the Municipality of Grey Highlands Official Plan, and is desirable to maximize the utility of the lands, and represents good planning practice. Zelinka Priamo Ltd. Page 12