PLANNING JUSTIFICATION REPORT

Transcription

1 PLANNING JUSTIFICATION REPORT SILVERCREEK JUNCTION 35 AND 40 SILVERCREEK PARKWAY, GUELPH Silvercreek Guelph Developments Ltd. Official Plan Amendment OP1201 Zoning Amendment Application ZC1204 May 7, 2012 Project No Woolwich Street, Suite 201, Guelph, Ontario, N1H 3X3 Phone (519) Fax (519)

2 Table of Contents Page 1. Introduction 1 2. Background 2 3. Existing Conditions and Surrounding Land Uses 3 4. Planning Framework Provincial Policy Statement (2005) Places to Grow City of Guelph Official Plan (November 2006 Consolidation) Growth Plan (OPA No. 39) Natural Heritage System (OPA No. 42) Envision Guelph Draft Official Plan (OPA No. 48) Zoning By-law Proposal Market Impact Study Minutes of Settlement Conclusion 17 Figures Figure 1 - Concept Plan approved by the OMB 2 Figure 2 Official Plan Amendment approved by the OMB 7 Figure 3 Excerpts from Defined Area Zoning Map Nos.10 and Appendixes Appendix A Appendix B - Letter dated March 7, 2012 from Al Hearne, Acting Manager, Development Planning, City of Guelph Specific revisions proposed to the Official Plan and Zoning By-law

3 1. Introduction This report has been prepared in support of Official Plan Amendment (OP1201) and Zoning Amendment Application (ZC1204) for the property municipally addressed as 35 and 40 Silvercreek Parkway located in the City Guelph and owned by Silvercreek Guelph Developments Ltd. (Silvercreek). This Planning Justification Report was requested by the City of Guelph in a meeting on March 6, 2012 followed by a letter from the City dated March 7, 2012 which is found in Appendix A of this report. The property owned by Silvercreek Guelph Developments Ltd. (Silvercreek) has a total area of approximately 22 hectares (54.4 acres). The portion of the property subject to this Official Plan Amendment and Zone Change application has an area of 8.85 hectares. This portion of the property is identified as Site A on the Concept Plan dated December 16, 2008 which has been approved by the Ontario Municipal Board. The portion of the property subject to this Official Plan Amendment and Zone Change application is also identified as Sub Area 1 by the City s current Official Plan. Silvercreek is requesting the following modifications for Sub Area 1: That a maximum of one large-format retail store with a maximum gross floor area of 145,000 sq. ft. be permitted for any use permitted by the Community Shopping Centre CC Zone; That the maximum retail store size be increased from 40,000 square feet to 60,000 square feet; That the reference to "ancillary" retail be deleted; That a supermarket be included as a permitted use; and That the timing restrictions with respect to the issuance of building permits be deleted. The subject property (Site A) has existing frontage on the Hanlon Parkway. The site is triangular in shape bounded to the north by the CNR Mainline and to the south by the south by CNR Secondary Line. The extension of Silvercreek Parkway will provide frontage along the west boundary of the subject property. Significant improvements are anticipated for Silvercreek Parkway including the connection of Silvercreek Parkway South and North by way of grade-separated crossing of the CNR Mainline. The Environmental Assessment for these improvements is currently underway. The Public Information Centre was held by the City on November 24, 2011.

4 -2- Figure 1 - Concept Plan approved by the OMB 2. Background In December 2008, Silvercreek and the City of Guelph reached a mediated settlement with respect to the retail permissions at the subject property. As part of this process, Silvercreek agreed to a reduction in the amount of space from 450,000 square feet to 245,000 square feet and agreed to phase construction of the ancillary retail space. It is our understanding that the phasing of the retail space was included in the settlement to allow further development of sites identified by the City for intensification to proceed, in particular, the redevelopment of Willow West Mall. As a result of an appeal from Armel Corporation (the owners of the lands and developments at the Paisley Road & Imperial Road Mixed Use Node) an Ontario Municipal Board (OMB) hearing was held, the result of which was that the mediated settlement between Silvercreek and the City of Guelph was upheld in January 2010.

5 -3-3. Existing Conditions and Surrounding Land Uses The Silvercreek Guelph Developments Ltd. property was formerly operated by Lafarge Canada Inc. The site is currently vacant and has been since Lafarge s facility closed in Silver Creek Junction represents a significant brownfield redevelopment opportunity for the City of Guelph. The property owned by Silvercreek Guelph Developments Ltd. (Silvercreek) has a total area of approximately 22 hectares (54.4 acres). The portion of the property subject to this Official Plan amendment and Zone Change application has an area of 8.85 hectares. This portion of the property is identified as Site A on the Concept Plan dated December 16, 2008 which has been approved by the Ontario Municipal Board. The subject property (Site A) has existing frontage on the Hanlon Parkway. The site is triangular in shape bounded to the north by the CNR Mainline and to the south by the south by CNR Secondary Line. The extension of Silvercreek Parkway will provide frontage along the west boundary of the subject property. 4. Planning Framework 4.1 Provincial Policy Statement (2005) The Provincial Policy Statement (PPS) is issued under the authority of Section 3 of the Planning Act and came into effect on March 1, It applies to all applications, matters or proceedings commenced on or after March 1, In respect of the exercise of any authority that affects a planning matter, Section 3 of the Planning Act requires that decisions affecting planning matters shall be consistent with policy statements issued under the Act. Section 4.3 of the PPS states that, This Provincial Policy Statement shall be read in its entirety and all relevant policies are to be applied to each situation. The Provincial Policy Statement (2005) (PPS) provides direction on matters of provincial interest related to land use planning and development Healthy, liveable and safe communities are sustained by: b) accommodating an appropriate range and mix of residential, employment (including industrial, commercial and institutional uses), recreational and open space uses to meet long-term needs;

6 -4- The OMB decision dated January 12, 2010 stated that, In arriving at this decision, I have had regard to matters of provincial interest and the decision of Council, as reflected in the Minutes of Settlement. Approval of the Silvercreek proposal is consistent with policy statements issued under section 3(5) of the Planning Act and conforms to provincial plans. The OMB approved the Silvercreek Official Plan Amendment and Zoning By-law. Silvercreek is requesting the following modifications to the Official Plan and Zoning Bylaw for Sub Area 1: That a maximum of one large-format retail store with a maximum gross floor area of 145,000 sq. ft. be permitted for any use permitted by the Community Shopping Centre CC Zone; That the maximum retail store size be increased from 40,000 square feet to 60,000 square feet; That the reference to "ancillary" retail be deleted; That a supermarket be included as a permitted use; and That the timing restrictions with respect to the issuance of building permits be deleted. It should be noted that the maximum gross leasable retail floor space of 245,000 square feet, as included in the Minutes of Settlement and approved by the OMB, is not proposed to be increased. The use restrictions of only permitting a warehouse membership club or a home improvement retail warehouse are proposed to be deleted for the large-format retail store. Instead, any permitted Community Shopping Centre use would be allowed to a maximum of 145,000 square feet. The maximum retail store size is proposed to be increased from 40,000 square feet to 60,000 square feet. The built form is not proposed to change in that a minimum of two separate buildings will continue to be required. A supermarket use is proposed which will assist in accommodating an appropriate range and mix of residential, commercial and open space uses for this mixed use area which includes residential. The purpose of the original timing restrictions, as indicated by the Retail Market Demand and Impact Analysis prepared by Tate Economic Research Inc. and dated March 2012, was to allow the intensification and redevelopment of Willow West Mall, as well as existing mixed use nodes in the City of Guelph. It is the opinion of Tate Economic Research Inc. that the development of the Silvercreek proposal without timing restrictions will not delay the development of other sites in the City of Guelph. This is based on the following observations;

7 -5- Willow West Mall At the time of the mediated settlement, Willow West Mall had not yet commenced its renovation and not signed any anchor tenants for the new space. As of March 2012, Willow West Corners (rebranded) has been renovated and has signed a 76,400 square foot Leon s, an 18,800 square foot Pet Smart and a 6,000 square foot Moores Clothing for Men. With the anchors in place, including the existing No Frills supermarket, Willow West Corners will be able to lease out the remaining vacant ancillary units. Woodlawn / Woolwich Street Node This node is largely built out with the recent expansion of the Wal-Mart and completion of the ancillary retail space on the SmartCentres site. Gordon / Clair Node This node continues to experience new development, including a new application for development that has already secured an anchor tenant (Fieldgate Developments with Sobeys). Paisley / Imperial Node An application has been made to zone additional lands to accommodate a proposed Costco and ancillary retail space. It is our understanding that Costco is a confirmed anchor tenant. The removal of the timing restrictions related to the issuance of building permits for the entire 245,000 square feet maximum gross leasable retail floor space is therefore an appropriate request. The proposed revisions to the Official Plan Amendment and Zoning By-law for the Silvercreek Guelph Developments Ltd. property are consistent with the Provincial Policy Statement Places to Grow Pursuant to the Places to Grow Act, 2005: the Growth Plan for the Greater Golden Horseshoe, 2006 was approved by the Lieutenant Governor in Council, Order-in- Council No 1221/2006 took effect on June 16, 2006; minor amendments were made to the Growth Plan for the Greater Golden Horseshoe, 2006 by Minister's Order dated December 19, 2011; and Amendment 1 (2012) to the Growth Plan for the Greater Golden Horseshoe, 2006, was approved by the Lieutenant Governor in Council, Orderin-Council No 1702/2011 to take effect on January 19, Guiding Principles The vision for the Greater Golden Horseshoe is grounded in the following principles that provide the basis for guiding decisions on how land is developed, resources are managed and public dollars invested:

8 -6- Build compact, vibrant and complete communities. Plan and manage growth to support a strong and competitive economy. Optimize the use of existing and new infrastructure to support growth in a compact, efficient form Managing Growth 1. Population and employment growth will be accommodated by - a) directing a significant portion of new growth to the built-up areas of the community through intensification h) encouraging cities and towns to develop as complete communities with a diverse mix of land uses, a range and mix of employment and housing types, high quality public open space and easy access to local stores and services. The proposed modifications to the Official Plan and Zoning By-law for the Silvercreek Guelph Developments Ltd. property to increase the flexibility in permitted uses for the large-format retail store, increase the maximum retail store size, permit a supermarket and remove the timing restrictions will assist the City in implementing the Growth Plan by building a compact, vibrant and complete community. The proposed growth is intensification within the built-up area of the City. Easy access to local stores will be provided for the existing and proposed residential community. The proposal has a diverse mix of uses, and a high quality of open space. The proposed modifications to the Official Plan and Zoning By-law for the Silvercreek Guelph Developments Ltd. property will assist the City in directing new growth to the built-up areas of the community through intensification as part of a complete community and will assist the City in meeting the Places to Grow vision. 4.3 City of Guelph Official Plan (November 2006 Consolidation) The Ontario Municipal Board (OMB) hearing upheld the mediated settlement, including the Official Plan Amendment, between Silvercreek and the City of Guelph in January Lands within Silvercreek Guelph Developments Ltd. property are designated Mixed Use Node, Specialized Corporate Business Park, High Density Residential and Open Space. Sub Area 1 has retail permissions for a total of 245,000 square feet of retail space, including a warehouse membership club or a home improvement centre.

9 -7- Figure 2 Official Plan Amendment approved by the OMB

10 -8- The current retail permissions for Sub Area 1 as per the current City of Guelph Official Plan are as follows: Mixed Use Node: The Mixed Use Node is intended provide a wide range of retail, service entertainment and recreational commercial uses as well as complementary uses including open space, institutional, cultural and educational uses, hotels and live work studios. Medium and high density multiple residential development and apartments shall also be permitted in accordance with the policies of Section 7.2. The policies contained in Sections to shall apply to the Mixed Use Node. The Silver Creek Junction Mixed Use Node is divided into 2 Sub Areas. Sub Area 1 which is the focus of the study is defined as: Sub Area 1: A maximum of 22,760 sq m (245,000 sq. ft.) of retail gross leasable floor space shall be permitted in Sub Area 1 only as shown on Schedule A. This total floor area will be comprised of: a) a maximum of one (1) large-format retail store comprised of either a warehouse membership club or a home improvement retail warehouse, to a maximum gross floor area of 13, 470 sq. m (145,000 sq. ft.), b) ancillary retail stores (excluding supermarkets), to a maximum aggregate gross floor area of 9,300 sq. m (100,000 sq. ft.), in a minimum of at least two (2) separate buildings, to be located in Sub-Area 1 only as shown on Schedule A to this amendment, subject to a maximum retail unit size of 3,716 sq. m (40,000 sq. ft.). Commercial development to this area shall incorporate a reduced retail parking standard, to be established through the site-specific implementing zoning provisions. Appropriate phasing requirements shall be imposed on the retail commercial components in Sub Area 1 through appropriate implementing zoning provisions. 4.4 Growth Plan (OPA No. 39) Official Plan Amendment No. 39 was adopted by Council on June 10, 2009 and approved by the Province on November 20, The purpose of OPA 39 was to address conformity with the planning framework of the Growth Plan for the Greater

11 -9- Golden Horseshoe in accordance with the Places to Grow Act. OPA 39 incorporated recommendations of the City's Local Growth Management Strategy into the Official Plan and introduced policies with respect to the conversion of employment lands to nonemployment uses and requiring complete development applications. Schedule 1B Growth Plan Elements of OPA 39 identifies the subject property as part of the Built-Up Area and as Community Mixed Use Node The City will meet the forecasted growth within the settlement area through: a) promoting compact urban form; b) intensifying generally within the built-up area, with higher densities within Downtown Guelph, the community mixed use nodes and within the identified intensification corridors; Within the built-up area the following general intensification policies shall apply: a) By 2015 and for each year thereafter, a minimum of 40% of the City s annual residential development will occur within the City s built-up area as identified on Schedule 1B. Provision may be made for the fulfillment of this target sooner than b) The City will promote and facilitate intensification throughout the built-up area, and in particular within the urban growth centre (Downtown), the community mixed use nodes and the intensification corridors as identified on Schedule 1B Growth Plan Elements Community Mixed Use Nodes Community mixed use nodes are identified on Schedule 1B. These areas will be planned for higher density mixed uses including residential and employment uses, as well as a wide range of retail, service, entertainment, recreational commercial uses that serve the local and wider community The community mixed use nodes will be planned and designed to: a) be well served by transit and facilitate pedestrian and cycling traffic; b) provide a mix of commercial, offices and residential development in a higher density compact urban form that supports walkable communities and live/work opportunities; and c) allow complementary uses such as open space, institutional, cultural and educational uses, hotels and live/work studios.

12 PRE-CONSULTATION AND COMPLETE APPLICATION REQUIREMENTS Having all relevant information and material pertaining to a particular planning application available early in the planning process is essential to making good land use decisions. Requiring this information and material to be provided at the time a planning application is submitted, enables Council to make a well informed decision within the timeframe provided by the Planning Act and ensures the public and other stakeholders have access to the information early in the process. Understanding the issues related to development and having the appropriate studies completed early in the planning process can avoid delays and provide opportunities to resolve potential differences prior to Council s consideration of the matter. The Planning Justification Study and Market Impact Study were requested by the City for Official Plan Amendment (OP1201) and Zoning Amendment Application (ZC1204) to be considered complete. 9.3 Official Plan Amendments When considering an application to amend the Official Plan, Council shall consider the following matters: Official Plan Policy Response a) The conformity of the proposal to the The proposed Official Plan Amendment to goals and objectives of this Plan; the existing Mixed Use Node designation is in conformity with the goals of section 2.3 of the Official Plan. The proposed amendments to the Official Plan promote a compact development pattern in the Builtup area to avoid sprawl and premature development. The proposed revisions to the Official Plan policies facilitate the full range of commercial uses consistent with b) Suitability of the site or area for the proposed use, especially in relation to other sites or areas of the City; the needs of the City s population. The site enjoys an existing Mixed Use Node designation with retail permissions. A new commercial area is not being proposed by this amendment. The Market Impact Study prepared by Tate Economic Research indicates that the site is located adjacent to Highway 6 (Hanlon Parkway) and Highway 7 (Wellington Street), which provide access to the site from the entire City of Guelph and surrounding communities.

13 c) Compatibility of the proposed use with adjacent land use designations; d) The need for the proposed use, in light of projected population and employment targets; e) The market feasibility of the proposed use; f) The extent to which the existing areas of the City designated for the proposed use are developed or are available for development; g) The impact of the proposed use on sewage, water and solid waste management systems, the transportation system, community facilities and the natural environment; and h) The financial implications of the proposed development. The compatibility of the land use was established through the approval of the existing Mixed Use Node designation and the Specialized CC Zoning. The proposed changes to the permitted uses continue to be compatible with adjacent land uses. The Market Impact Study prepared by Tate Economic Research indicates that the existing permission for a maximum of 245,000 square foot retail area is not proposed to increase. The Market Impact Study prepared by Tate Economic Research indicates that there is sufficient market demand to warrant a 60,000 square foot supermarket. The site enjoys an existing Mixed Use Node designation with retail permissions. This is the intended location for the proposed development. The OMB hearing which resulted in the approval of the Mixed Use Node designation evaluated the impact of the proposal on sewage, water and solid waste management systems, the transportation system, community facilities and the natural environment. The proposed amendment will not increase this impact. The Minutes of Settlement outline the costs to be paid by Silvercreek. The proposed amendments to the Official Plan will increase the market viability of the site with a goal to also expedite the City s collection of development charges, site plan fees, building permit fees and assessment. 4.5 Natural Heritage System (OPA No. 42) Official Plan Amendment No. 42 introduced policies for the Natural Heritage System throughout the City. OPA No. 42 is currently under appeal to the Ontario Municipal Board.

14 Envision Guelph Draft Official Plan (OPA No. 48) Official Plan Amendment No. 48 is the final phase of the Official Plan Update. The consolidated working version of the Draft Official Plan which has been circulated for comments is dated January 30, The Envision Guelph document includes OPA No. 42 which is under appeal to the Ontario Municipal Board. Silvercreek Guelph Developments Ltd. has provided comments to the City related to OPA No Zoning By-law Sub Area 1 is within the CC-21(H25) Zone (xxv) (H25) Silver Creek Junction As shown on Defined Area Map Numbers 10 and 15 Purpose: To ensure that development of the subject lands does not proceed until the following conditions have been met to the satisfaction of the City related to the subject development. Conditions: 1. Completion and final approval of the class environmental assessment processes for a grade-separated crossing at the intersection of Silvercreek Parkway and the C.N.R. rail line at the north edge of the subject lands; and for the re-alignment of Silvercreek Parkway between Paisley Road and Waterloo Avenue and a new public road on the subject lands east of Silvercreek Parkway [right-of-way of 18 m (59 ft.)] 2. Registration on title to the subject lands of an executed Site Plan Agreement which addresses, among other items, appropriate infrastructure requirements 3. The Owner entering into an agreement for a financial contribution to the construction of a stormwater management facility on the portion of the subject lands east of Howitt Creek 4. Conveyance of any lands required for the underpass and road projects noted above, and for the stormwater management facility east of Howitt Creek, and for

15 -13- the proposed parks on the subject lands between Silvercreek Parkway and Howitt Creek, with the exception of the Market (public) square. 5. The awarding of contracts for the construction of the underpass, road and stormwater management projects noted above. In addition to the permitted uses and regulations, as found in Appendix B of this report, the Zoning By-law for Silver Creek Junction also outlines timing restrictions related to the issuance of building permits. These timing restrictions are summarized below: Building permits shall be issued no sooner than September 1, 2012 for up to 5,200 sq. m (56,000 sq. ft.) of the above Aggregate Gross Floor Area Building permits shall be issued no sooner than September 1, 2014 for the remaining balance of the permitted maximum aggregate Gross Floor Area Figure 3 Excerpts from Defined Area Zoning Map Numbers 10 and 15

16 Proposal The Official Plan Amendment and Zone Change applications request changes to the current permissions on the portion of the existing Mixed Use Node known as Sub Area 1. Silvercreek is proposing to modify Section b) of the Official Plan to remove the supermarket exclusion and allow a maximum retail store unit size of 60,000 square feet. Silvercreek is proposing to modify the Zoning By-law to reflect the changes in the Official Plan with respect to the size of uses as well as to remove the timing restrictions. Silvercreek is requesting the following modifications to the Official Plan and Zoning Bylaw for Sub Area 1: That a maximum of one large-format retail store with a maximum gross floor area of 145,000 sq. ft. be permitted for any use permitted by the Community Shopping Centre CC Zone. That the maximum retail store size be increased from 40,000 square feet to 60,000 square feet; That the reference to "ancillary" retail be deleted. That a supermarket be included as a permitted use; and That the timing restrictions with respect to the issuance of building permits be deleted. It should be noted that the maximum gross leasable retail floor space of 245,000 square feet, as included in the Minutes of Settlement and approved by the OMB, is not proposed to be increased. The use restrictions of only permitting a warehouse membership club or a home improvement retail warehouse are proposed to be deleted for the large-format retail store. Instead any permitted Community Shopping Centre use would be allowed to a maximum of 145,000 sq. ft. The maximum retail store size is proposed to be increased from 40,000 square feet to 60,000 square feet. The built form is not proposed to change in that a minimum of two separate buildings will continue to be required. A supermarket use is proposed which will assist in accommodating an appropriate range and mix of residential, commercial and open space uses for this mixed use area. The purpose of the original timing restrictions, as indicated by the Retail Market Demand and Impact Analysis prepared by Tate Economic Research Inc. and dated March 2012 was to allow the intensification and redevelopment of Willow West Mall, as well as existing mixed use nodes in the City of Guelph.

17 -15- The specific revisions proposed to the Official Plan and Zoning By-law are included in Appendix B of this report. 6. Market Impact Study The Retail Market Demand and Impact Analysis prepared by Tate Economic Research Inc. dated April 2012 has been included in the submission to the City. Tate Economic Research Inc. (TER) was retained by Silvercreek Developments Inc. (Silvercreek) to investigate the market demand and impact implications of modifying the current retail permissions on a portion of their site located at the intersection of Hanlon Parkway (Highway 6 and 7) and Wellington Street (Highway 24 and 7), in the City of Guelph. Silvercreek is proposing to modify the Zoning By-law to reflect the proposed changes in the Official Plan with respect to the maximum retail store size of 60,000 square feet as well as to remove the timing restrictions. Silvercreek requested that TER examine the market demand and potential impact of constructing the approved 245,000 square feet of retail store space with no timing restrictions in Sub Area 1 at Silver Creek Junction as well as the market demand and potential impact of increasing the maximum building size from 40,000 square feet to 60,000 square foot and permitting a supermarket. Conclusions and Recommendations Based on the results of this retail market demand and impact study, it is the opinion of TER that the proposed modifications to the current retail permissions for Silver Creek Junction can be justified without detriment to the overall function or economic vitality of the Central Business District or the key functions that contribute to the CBD s overall vitality. It is the opinion of TER that the achievement of the City s Major Goals and the Commercial and Mixed Use policy objectives of the Official Plan will not be compromised by the proposed modifications. It is the opinion of TER that the ability of existing designated commercial or mixed use lands to achieve their planned function will not be compromised by the proposed modifications. It is the professional opinion of Tate Economic Research Inc. that the Silvercreek proposal to modify the current retail permission to allow a maximum of 245,000 square feet of retail store space including a 60,000 square foot supermarket, without phasing and timing restrictions should be approved on the basis of market demand and impact.

18 -16- There is sufficient market demand to implement the proposed modifications to the current retail permissions at Silver Creek Junction. Based on the analysis summarized in this report, there is sufficient demand to warrant the development of the 245,000 square feet of retail store space in Sub Area 1 at Silver Creek Junction by Based on this analysis, there is sufficient market demand to warrant a 60,000 square foot supermarket at Silver Creek Junction in Overall, it is the opinion of TER that no supermarkets will be in jeopardy of closing as a result of a proposed 60,000 square foot supermarket in Sub Area 1 at Silver Creek Junction. 7. Minutes of Settlement As noted in the letter from the City of Guelph dated March 7, 2012, found in Appendix A to this report, the City has requested that this report address how the proposed Official Plan Amendment and Zone Change maintain the intent of the OMB decision and the Minutes of Settlement. The Minutes of Settlement were entered into by Silvercreek Guelph Developments Limited, the City of Guelph and the Howitt Park Neighbourhood Residents Association in December The Ontario Municipal Board upheld this mediated settlement in their decision dated January The Minutes of Settlement state that; 2. The parties hereby agree that development on the Lands will be carried out generally in accordance with the Concept Plan subject only to refinements to the Concept Plan through the Site Plan Approval process. It is understood and acknowledged that the Concept Plan is not a site plan and, as such, does not contain the same level of detail and precision. Therefore, reasonable modifications to the Concept Plan resulting from the planning and design process shall be permitted. The Concept Plan referred to is included as Figure 1 in this report. The Minutes of Settlement recognize that reasonable modifications shall be permitted. The intent of the Minutes of Settlement for Sub Area 1 is being maintained by the proposed Official Plan Amendment and Zoning By-law and a number of the agreed to items in the Minutes of Settlement are not proposed to be altered;

19 -17- The maximum total gross floor area for all retail establishments will remain the same at 245,000 square feet. The maximum large-format retail store size will remain the same at 145,000 square feet. A maximum of one large-format retail store will continue to be permitted. There will continue to be a maximum retail store unit size. The minimum retail unit size will remain the same at 5,000 square feet. The requirement that the built form be provided in a minimum of at least two separate buildings will remain the same. The phasing of development referred to in the Minutes of Settlement which would not permit development until 2012 is now not required since it is 2012 and no building permits have been issued. The phasing of development which would restrict development prior to September 1, 2014 is not required since, as noted in the Tate Market Impact Study, the desired infill and intensification of existing commercial areas has occurred which should allow building permits to be issued in Sub Area 1 without timing restrictions. 8. Conclusion This Planning Justification Report has been prepared in support of Official Plan Amendment (OP1201) and Zoning Amendment Application (ZC1204) for the property municipally addressed as 35 and 40 Silvercreek Parkway, Guelph owned by Silvercreek Guelph Developments Ltd. (Silvercreek) Silvercreek is requesting the following modifications for Sub Area 1: That a maximum of one large-format retail store with a maximum gross floor area of 145,000 sq. ft. be permitted for any use permitted by the Community Shopping Centre CC Zone; That the maximum retail store size be increased from 40,000 square feet to 60,000 square feet; That the reference to "ancillary" retail be deleted; That a supermarket be included as a permitted use; and That the timing restrictions with respect to the issuance of building permits be deleted. The proposed changes to the current Official Plan and Zoning permissions for Sub Area 1 have been evaluated from a market impact perspective in the Retail Market Demand and Impact Analysis prepared by Tate Economic Research Inc. dated April Based on this analysis, there is sufficient market demand to warrant a 60,000 square foot supermarket at Silver Creek Junction in It is the professional opinion of Tate Economic Research Inc. that the Silvercreek proposal to modify the current retail permission to allow a maximum of 245,000 square feet of retail store space including a

20 -18-60,000 square foot supermarket, without phasing and timing restrictions should be approved on the basis of market demand and impact. The intent of the Minutes of Settlement for Sub Area 1 is being maintained by the proposed Official Plan Amendment and Zoning By-law. The proposed modifications are consistent with the Provincial Policy Statement and the Growth Plan, address the matters to be considered when an amendment to the Official Plan is requested and in my professional opinion represent good planning. This report has been prepared and respectfully submitted by, Astrid Clos, RPP, MCIP

21 Appendix A

22 Appendix B SILVERCREEK JUNCTION (deletions shown as red, additions shown as red.) 1. PROPOSED CHANGES TO THE OFFICIAL PLAN Mixed Use Node: Sub Area 1: A maximum of 22,760 sq m (245,000 sq. ft.) of retail; gross leasable floor space shall be permitted in Sub Area 1 only. This total floor area will be composed of: a) a maximum of one (1) large-format retail store comprised of either a warehouse membership club or a home improvement retail warehouse, to a maximum gross floor area of 13,470 sq. m (145,000 sq. ft.), b) ancillary retail stores (excluding supermarkets), to a maximum aggregate gross floor area of 9,300 sq. m (100,000 sq.ft) 22,760 sq m (245,000 sq. ft.), in a minimum of at least two (2) separate buildings, to be located in Sub-Area 1 only as shown on Schedule A to this amendment, subject to a maximum retail unit size of 3,716 sq. m (40,000 sq. ft.) 5,574 sq. m (60,000 sq. ft.) 2. PROPOSED CHANGES TO THE ZONING BY-LAW CC-21 (H25) 35 and 40 Silvercreek Parkway South Prohibited Uses Supermarket Maximum Total Gross Floor Area for all Retail Establishments 22,760 sq. m (245,000 sq. ft.) Maximum Gross Floor Area for a Large-Format Retail Establishment 13,470 sq. m (145,000 sq. ft.) Maximum Total Gross Floor Area for all Retail Establishments other than a Large- Format Retail Establishment 9,300 (100,000 sq. ft.) 22,760 sq m (245,000 sq. ft.), subject to the following: such floor area shall be located in a minimum of two (2) separate Buildings Building permits shall be issued no sooner than September 1, 2012 for 22,760 sq m (245,000 sq. ft.)up to 5,200 sq. m (56,000 sq. ft.) of the above Aggregate Gross Floor Area Building permits shall be issued no sooner than September 1, 2014 for the remaining balance of the permitted maximum aggregate Gross Floor Area minimum unit size shall be 465 sq. m (5,000 sq. ft.), and maximum unit size, other than a Large- Format Retail Establishment, shall be 3,716 sq. m (40,000 sq, ft.) 5,574 sq. m (60,000 sq. ft.)

23 SILVERCREEK JUNCTION (revised text) 1. PROPOSED CHANGES TO THE OFFICIAL PLAN Mixed Use Node: Sub Area 1: A maximum of 22,760 sq m (245,000 sq. ft.) of retail; gross leasable floor space shall be permitted in Sub Area 1 only. This total floor area will be composed of: c) a maximum of one (1) large-format retail store to a maximum gross floor area of 13,470 sq. m (145,000 sq. ft.), d) retail stores, to a maximum aggregate gross floor area of 22,760 sq m (245,000 sq. ft.), in a minimum of at least two (2) separate buildings, to be located in Sub- Area 1 only as shown on Schedule A to this amendment, subject to a maximum retail unit size of 5,574 sq. m (60,000 sq. ft.) 2. PROPOSED CHANGES TO THE ZONING BY-LAW CC-21 (H25) 35 and 40 Silvercreek Parkway South Maximum Total Gross Floor Area for all Retail Establishments 22,760 sq. m (245,000 sq. ft.) Maximum Gross Floor Area for a Large-Format Retail Establishment 13,470 sq. m (145,000 sq. ft.) Maximum Total Gross Floor Area for all Retail Establishments 22,760 sq m (245,000 sq. ft.), subject to the following: such floor area shall be located in a minimum of two (2) separate Buildings minimum unit size shall be 465 sq. m (5,000 sq. ft.), and maximum unit size, other than a Large-Format Retail Establishment, shall be 5,574 sq. m (60,000 sq. ft.) (1016.Planning Justification Report Silver Creek.doc)