Planning Justification Report, Township of Puslinch FARHI HOLDINGS CORPORATION Updated January 27, 2017 Zelinka Priamo Ltd. Page i
TABLE OF CONTENTS Page No. 1.0 1.1 1.2 1.3 2.0 2.1 2.2 2.3 2.4 2.5 3.0 3.1 3.2 4.0 4.1 4.2 4.3 4.4 5.0 INTRODUCTION... 1 Background... 1 Description of the Subject Lands... 1 The Proposal... 2 PLANNING DOCUMENTS... 3 Provincial Policy Statement... 3 Growth Plan... 4 County of Wellington Official Plan... 5 Zoning By-law No. 19/85, As Amended, CONSOLIDATED 2012... 10 Grand River Conservation Authority... 12 PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS... 12 Proposed Official Plan Amendment... 12 Proposed Zoning By-law Amendment... 12 PLANNING ANALYSIS... 13 Provincial Policy Statement... 13 Growth Plan... 13 County of Wellington Official Plan... 14 Zoning By-Law 19/85, As Amended... 15 CONCLUSIONS... 15 Zelinka Priamo Ltd. Page ii
1.0 INTRODUCTION 1.1 BACKGROUND On behalf of Farhi Holdings Corporation, Zelinka Priamo Ltd. has submitted a combined application to the County of Wellington to amend the County of Wellington Official Plan and an application to the Township of Puslinch to amend the Township of Puslinch Zoning By-law to permit Commercial/Office Uses on lands located at the northwest corner of and Highway 401, in Puslinch, County of Wellington. The purpose of the following land use assessment is to provide planning justification for proposed Commercial/Office Uses under a PA7-1 (Puslinch Economic Development Area) designation within the County of Wellington Official Plan, and a C3 Agricultural Commercial Exception Zone, under the Township of Puslinch Zoning By-law. 1.2 DESCRIPTION OF THE SUBJECT LANDS The subject lands are generally located at the northwest corner of and Highway 401, in Puslinch, County of Wellington (Figure 1). The subject lands are approximately 10.12 ha (25 ac) in area. Farhi Holdings Corporation is the sole owner of the subject lands. FIGURE 1 Subject Lands Zelinka Priamo Ltd. Page 1
The subject lands are currently vacant, undeveloped and generally flat. Existing Ontario Hydro transmission lines run through the subject lands, along the eastern boundary. A hydro easement is in place along, across the entire frontage of the property. A small stream passes through the northern section of the subject lands and is regulated by the Grand River Conservation Authority. Surrounding land uses include (Figure 1): To the west is the Slovenski Park, a seasonal trailer park that includes a swimming pond and community hall, To the northwest, open space including a small lake (created from a former gravel pit) and a mix of detached single residential dwellings beyond; To the east, an aggregate operation (St Mary s Cement Group CBM Aberfoyle Pit); To the north east (across ), a small number of detached single residential dwellings, and a construction company (Capital Paving Inc.) including aggregate operation beyond; and To the south, Highway No. 401. 1.3 THE PROPOSAL Farhi Holdings Corporation is proposing office and industrial type uses on the property in a large format plaza setting (Figure 2). The conceptual site plan prepared provides for three buildings on the property, which are anticipated to contain a range of office, industrial and service uses. Access to the site is proposed from via three, full-turn access points. The site has also accommodated a large area for on-site storm water and sanitary services, given the lack of municipal services in this area. Zelinka Priamo Ltd. Page 2
FIGURE 2 Proposed Development 2.0 PLANNING DOCUMENTS 2.1 PROVINCIAL POLICY STATEMENT The 2014 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 and development in order to ensure efficient, cost effective development and the protection of resources. The 2014 PPS became effective on April 30, 2014 and applies to planning decisions made on or after that date and replaces the Provincial Policy Statement, 2005. Zelinka Priamo Ltd. Page 3
The PPS states: Healthy, liveable and safe communities are sustained by: accommodating an appropriate range and mix of employment (including industrial and commercial), and other uses to meet long-term needs (Section 1.1.1.b); Opportunities to support a diversified rural economy should be promoted by protecting agricultural and other resource-related uses and directing non-related development to areas where it will minimize constraints on these uses (Section 1.1.5.7); Agricultural uses, agriculture-related uses, on-farm diversified uses and normal farm practices should be promoted and protected in accordance with provincial standards (Section 1.1.5.8); Planning authorities shall promote economic development and competitiveness by: encouraging compact, mixed-use development that incorporates compatible employment uses to support liveable and resilient communities (1.3.1.c). 2.2 GROWTH PLAN The 2006 Growth Plan for the Greater Golden Horseshoe (Growth Plan) provides guidance for decisions and a growth management policy direction for the Greater Golden Horseshoe (GGH) to the year 2031. Under the Growth Plan Land Use Concept Schedule 2, the subject lands are within the Great Golden Horseshoe Growth Plan Area (Figure 3). The Growth Plan includes policies that state the following: Identify natural systems and prime agricultural areas, and enhance the conservation of these valuable resources (Section 1.1); Municipalities will promote economic development and competitiveness by: providing for an appropriate mix of employment uses including industrial, commercial and institutional uses to meet long-term needs (Section 2.2.6.2.a) The Growth Plan directs a significant portion of new growth to the built-up areas of the community through intensification (Section 2.2.2.1.a); Zelinka Priamo Ltd. Page 4
The Growth Plan encourages the development of complete communities with a diverse mix of land uses and a range and mix of housing types (Section 2.2.2.1.h); A balanced approach to the wise use and management of all resources, including natural heritage, agriculture, and mineral aggregates, will be implemented (Section 4.1); and In Prime Agriculture Areas, Municipalities are encouraged to establish and work with agricultural advisory committees and consult with them on decision-making related to agriculture and growth management (Section 4.2.2.4). FIGURE 3 Growth Plan Land Use Concept 2.3 COUNTY OF WELLINGTON OFFICIAL PLAN The County of Wellington Official Plan (OP) was approved on May 6, 1999. In order to bring the OP into conformity with the Greenbelt Plan, County Council adopted Official Plan Amendment No. 81 (OPA 81) in September, 2013. The province approved OPA 81 with some changes in April, 2014; and it was appealed by 4 landowners (not the subject lands). The Ontario Municipal Board issued an Order on December 19, 2014, which, aside from the outstanding appeals, the remainder of OPA 81 is now in effect. Zelinka Priamo Ltd. Page 5
Through OPA 81 the subject lands are designated Secondary Agriculture (Figure 4). FIGURE 4 County of Wellington Official Plan Policies in the OP state that the priorities for directing growth will include to a lesser extent, growth will also be directed to secondary agricultural areas (Section 3.1.3). The County forecast for population, households and employment anticipates that 83% of population growth in Wellington County will take place in 15 urban centres. The remainder will be directed mainly to hamlets and secondary agricultural areas (Section 3.2). Areas with agricultural capability, but determined not to be prime agricultural soils will be identified as secondary agricultural areas (such as the subject lands). Agriculture will continue to be the dominant use but a range of other uses will also be permitted (Section 4.3.2). Where development is proposed in prime or secondary agricultural areas, a Council may require an assessment of the impacts the development may have on agricultural activities in the area (Section 4.6.5). Zelinka Priamo Ltd. Page 6
Secondary agricultural areas of non-prime farmland will be identified. While farming will be the main land use activity in these areas, a broader range of residential, employment and community uses will be allowed than in prime agricultural areas so long as the use does not adversely impact existing agricultural operations and is in keeping with the rural character of the area (Section 6.3) The Secondary Agriculture designation permits: All uses allowed in the Prime Agricultural Area; Small scale commercial, industrial and institutional uses; Public service facilities (Section 6.5.3). According to Section 6.5.4 of the OP, small scale commercial, industrial and institutional uses may be permitted provided that: Appropriate sewage and water systems can be established; The proposed use is compatible with surrounding uses; The use requires a non-urban location due to: o market requirements; o land requirements; o compatibility issues. The use will not hinder or preclude the potential for agriculture or mineral aggregate operations; and The use will be small scale and take place on one lot and large scale proposals or proposals involving more than one lot will require an official plan amendment. The subject lands are within the Mill Creek Watershed Study under the County of Wellington Official Plan, according to Appendix 1 South Wellington Watershed Study Area (Figure 5). Zelinka Priamo Ltd. Page 7
FIGURE 5 South Wellington Watershed Study Area Policies within the OP seek to protect the natural heritage features identified by the Mill Creek Watershed Study. The subject lands are also within a Mineral Aggregate Area under the County of Wellington Official Plan, according to Schedule A7 - Puslinch (see Figure 4 above) and are designated as a Licensed Aggregate Operation under the County of Wellington Official Plan, according to Appendix 2 (Figure 6). Zelinka Priamo Ltd. Page 8
FIGURE 6 County of Wellington Appendix 2 The subject lands are currently vacant and undeveloped and have not been utilized as a mineral aggregate operation given the limited size of the parcel. Section 6.6.1 of the OP states, that the overlay for mineral aggregate areas only indicates that aggregate deposits are likely to be available. It does not presume that all conditions are appropriate to allow extraction or processing of the resource to proceed. According to Section 6.2.6 of the OP, in areas adjacent to or in Mineral Aggregate Areas, development which would preclude or hinder new aggregate operations or access to the resource will only be allowed if: a) Resource extraction use would not be feasible; b) The proposed development serves a greater long term public interest; in this case, reasonable efforts should be made to use the resource wherever practical; and c) Issues of public health, public safety and environmental impact are addressed. Zelinka Priamo Ltd. Page 9
To the west of the subject lands is an area identified as the PA7-1 Puslinch Economic Development Area, according to Schedule A7 - Puslinch (Figure 4). The limits and policies for the PA7-1 Puslinch Economic Development Area were originally established through the former Township of Puslinch Official Plan in the early 1990 s, and transferred and adopted unaltered into the County of Wellington Official Plan in 1999. It is unclear as to why the subject lands were not included within this area at that time. According to OP policies, the Puslinch Economic Development Area is intended to provide the predominant location for economic activity and employment opportunities for the Township. Areas of existing or future extractive uses that are within Puslinch Economic Development Area should be considered for industrial, commercial, institutional and/or recreational activities or natural areas as after-uses when the extractive or aggregate-related activities have either ceased or are incorporated into an after-use. After-uses are permitted without further amendment to this Plan, but subject to the applicable policies of the OP. Consideration of any application to implement a permitted after-use will be made in the context of a co-ordinated secondary concept plan which primarily identifies a public road pattern and a surface drainage plan for the subdrainage area within the areas used for extractive purposes in the policy area. Based on the above, an Official Plan Amendment application is required as the proposed use is not permitted under the current Secondary Agricultural designation for the subject lands. 2.4 ZONING BY-LAW NO. 19/85, AS AMENDED, CONSOLIDATED 2012 The Township of Puslinch Zoning By-law No. 19/85, as amended, zones the subject lands EXI Extractive Industrial Zone and NE-12 Natural Environment Zone, according to Schedule A (Figure 7). Zelinka Priamo Ltd. Page 10
FIGURE 7 Township of Puslinch Zoning By-law The EXI Extractive Industrial Zone permits the following uses: a) A single dwelling unit, if occupied by the owner, caretaker, watchman or other similar person employed on the lot on which such dwelling unit is located, and his family; b) An agricultural use or intensive agricultural use in accordance with the provisions of Section 5(3) hereof; c) An aggregate storage area; d) A crushing, washing, screening and processing plant; e) A gravel pit; f) A quarry; g) A public use; (h) A retail outlet, a wholesale outlet or a business office accessory to a permitted use. Pursuant to Zoning By-law, the NE-12 Natural Environment Zone permits the following uses: a) Storm Water Management facilities; b) Conservation uses including: Forest management; Zelinka Priamo Ltd. Page 11
Fish and wildlife management; Flood control; Erosion control; c) Passive Recreation; and d) Boat house or boat dock. Based on the above, a Zoning By-law Amendment is required to rezone the subject lands for office and industrial uses as these uses are not permitted within the EXI Extractive Industrial Zone or the NE-12 Natural Environment Zone. 2.5 GRAND RIVER CONSERVATION AUTHORITY The subject lands are within the regulation limits of the Grand River Conservation Authority (GRCA). As confirmed by the Functional Servicing Report prepared by Odan Detech, the proposed development provides an appropriate stormwater management solution consistent with the objectives that were established by the GRCA, County and Township. 3.0 PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS 3.1 PROPOSED OFFICIAL PLAN AMENDMENT An Official Plan Amendment is proposed for the subject lands to amend the County of Wellington to re-designate the subject lands to be included in the PA7-1 Special Policy Area. 3.2 PROPOSED ZONING BY-LAW AMENDMENT A concurrent Zoning By-law Amendment is required for the subject lands to a site specific IND Industrial Zone that adequately provides for proposed office and industrial uses while implementing the policies of the County of Wellington Official Plan. Consequently, the proposed rezoning is from EXI - Extractive Industrial Zone and NE - Natural Environment Zones to IND Industrial Zone with a site specific regulation to reduce the front yard setback from 15.0m to 14.7m. Zelinka Priamo Ltd. Page 12
4.0 PLANNING ANALYSIS 4.1 PROVINCIAL POLICY STATEMENT The 2014 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 and development in order to ensure efficient, cost effective development and the protection of resources. The proposed development is consistent with the PPS, including as follows: The proposed development will assist in achieving the Province s policy direction of promoting efficient development and land use patterns which sustain the financial well-being of the Province and the Township over the long term (Section 1.1.1.a); The proposed development will assist the Township in meeting the long-term needs for employment uses (Section1.1.1.b); The proposal provides for cost-effective development standards that minimize land consumption and reduce servicing costs (Section 1.1.1.e); The subject lands are not identified as being prime agricultural lands and therefore offer an opportunity to introduce other compatible uses to the area (Section 1.1.5.7 and 1.1.5.8); The proposal promotes employment uses in an area that is currently lacking available land (Section 1.3.1); The subject lands are located directly adjacent to Highway 401 (Section 1.3.2.3); and Archaeological work has been completed for the subject lands and confirmed that there are no resources on the property (Section 2.6.2). 4.2 GROWTH PLAN The Official Plan Amendment and Zoning By-law Amendment are consistent with the Growth Plan and the goal to build compact, vibrant and complete communities under the Managing Growth policies, including The proposed development is consistent with the Growth Plan policies as the proposed development provides for employment uses to meet the long term needs of the area, Zelinka Priamo Ltd. Page 13
while restricting development outside of the natural heritage resource areas on the property. 4.3 COUNTY OF WELLINGTON OFFICIAL PLAN The proposed Official Plan Amendment and Zoning By-law Amendment is generally consistent with the Objectives and Policies of the County of Wellington Official Plan for employment uses. As per Section 6.8.3 of the Official Plan, the subject lands are a suitable location for the PA7-1 Special Policy area based on the following criteria: There are limited lands available along Highway 401 for employment uses. As employment lands require access to major transportation routes, the subject lands offer an appropriate location for the proposed designation; The subject lands are located more than 1km away from surrounding urban centres and hamlet boundaries; The subject lands, nor the surrounding lands are identified as being Prime Agricultural Lands. Therefore, the proposed amendment has no adverse impacts on agricultural operations and will not result in the loss of prime agricultural lands; Development on the subject lands has been directed away from the Greenland area to the north of the site. A significant buffer has been provided between the proposed development and the Mill Creek watershed area. A Natural Environment Technical Memorandum as well as an Assimilative Capacity Study for Mill Creek; The proposed development is separated from the adjacent seasonal trailer park via Sideroad 25, existing vegetation along the easterly limit of the trailer park, and through landscape features and fencing to be established on the subject lands through the site plan approval process; The proposed development will have no adverse impacts on the surrounding lands; Zelinka Priamo Ltd. Page 14
The lands have already been assessed for the potential for mineral aggregate resource extraction. There is no opportunity for aggregate extraction from the subject lands; and A Functional Servicing Report has been completed confirming that the proposed development has no impacts on the municipal water supply system. An Assimilative Capacity Study was also completed for Mill Creek. These studies confirm that the site can accommodate private, on-site services with an appropriate outlet to Mill Creek. 4.4 ZONING BY-LAW 19/85, AS AMENDED The Industrial (IND) zone proposed for the subject lands is an implementing zone of the Rural Employment Area designation. This zone is appropriate for the subject lands given its location along Highway 401 and its separation from Urban Centres and Hamlets within the municipality. In addition, the uses proposed under the IND Zone are consistent with the uses contemplated by the PA7-1 special policy designation on the adjacent lands to the east. The reduced front yard setback proposed from 15.0m to 14.7m is negligible and allows the buildings to be located at the limit of the hydro easement, allowing more flexibility with the site design given the constraints experienced on this site due to the flood line resulting from Mill Creek. 5.0 CONCLUSIONS Given the findings of this report, it is concluded that the proposed Official Plan Amendment and Zoning By-law Amendment of the subject lands to permit the proposed employment uses is consistent and conforms with applicable provincial and municipal land use planning policy, and represents good land use planning, as follows: The proposed Official Plan Amendment and Zoning By-law Amendment are consistent with the Provincial Policy Statement, Growth Plan, the County of Wellington policies for employment areas and the general intent and purpose of the Township of Puslinch Zoning By-law; Zelinka Priamo Ltd. Page 15
The requested amendments allow uses consistent with those contemplated on surrounding lands. Moreover, the proposed uses are identified as appropriate for lands within the rural areas of the Municipality; The subject lands are ideally located with exposure along Highway 401; and There is an undersupply of Industrial lands within the Municipality, in particular along the Highway 401 corridor. Zelinka Priamo Ltd. Page 16