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Updated Planning Report September 2008 Proposed Lafarge/Silvercreek Development • the proposed amendment does not satisfy the policy tests in the Official Plan for an amendment to establish a new mixed use node, or the general tests for an amendment, particularly in the following respects: ‣ the need to demonstrate that the proposed new node won’t compromise the capacity of the existing and designated commercial or mixed use lands to achieve their planned function; ‣ the submitted market study didn’t properly address any adverse effects on the economic viability of existing or planned designated commercial or mixed use lands, or look at the implications of the proposal relative to the CPR or the Plan’s commercial objectives and policies; and, ‣ the Clayton peer review (related to the initial 2005 TER market study submitted with the Silvercreek application) raised concerns about likely undesirable consequences for the future retailing function of the West Hills mixed use node and the Willow West Mall (and area) intensification area (NOTE: these have been addressed in the 2008 TER updated market report discussed in section 5.1 of this planning report); • there are outstanding technical issues, including the following: ‣ the acceptability of BA Group’s proposed modifications to the existing road system recommended in their traffic impact study; ‣ the unresolved issues related to the proposed Silvercreek underpass of the CNR (including road grades, access for some properties, need for sidewalks and bike lanes) -- staff view this underpass connection as an absolute requirement for the proposed development; ‣ updated comments from MTO (still to be received at the June 3 rd date of the staff report), regarding their position on the proposal, the underpass, intersection improvements and any relevant conditions; and, ‣ outstanding issues with the environmental impact study and stormwater management study, with EIS addendum SWM modifications expected, including further evaluation of downstream impacts, impacts of constructing inlet and outlet facilities to storm ponds, and details of construction limit adjacent to creek; • the City has concerns about accepting the proposed parkland dedication, including the following: ‣ public access and liability; ‣ the role of that easterly area of the site, as part of the stormwater management solution for the development, which has led staff to conclude it should remain in private ownership and be appropriately fenced adjacent to the railway tracks; and, 22
Updated Planning Report September 2008 Proposed Lafarge/Silvercreek Development ‣ given the strong neighbourhood desire for a public park east of the creek continue access discussions, including consideration of a new public street providing appropriate park frontage and exclusive parking. City staff also set out a number of recommended conditions, in the event of development approval by Council or the OMB, based on then-existing information, and subject to additional requirements once additional technical information is provided and reviewed. Those items and conditions are summarized as follows: • cost of all road improvements (including underpass) to be developer’s responsibility; • Schedule B Environmental Assessment required for proposed underpass; • GRCA confirmation that permits required for inlet and outlet construction, and that they must approve SWM solution for development; • zoning modifications to reflect development limits and any revised floodlines; • SWM pond east of creek to be in place prior to development (to address current overland flows to west during larger storm events); • all servicing costs to be developer’s responsibility, and several conditions (eg. noise and lighting) appropriate for site plan approval; • if Council supports proposed park dedication, appropriate conditions re site preparation work (grading, landscaping, fencing) at developer’s expense. Staff note that final comments from the key agencies (based on further technical analysis/information) are expected to generate additional approval conditions, thus staff’s current list cannot yet be considered comprehensive, in the context of a potential Council or OMB approval. Staff further recommended that necessary conditions on any development approval be secured through the use of an “H” (holding) provision on the implementing zoning, with several potential triggers, including: the approval of the Schedule B Environmental Assessment; awarding a contract for the construction commencement of the underpass; and, execution/registration of a site plan agreement with relevant approval conditions. Staff also recommended that Council be open to the consideration of modifications to the proposal and the related planning documents by the applicant (and/or other parties) to address the various concerns in the staff report. The foregoing outstanding concerns and technical issues warrant re-visiting in the more current context of the updated technical studies summarized in Section 5 below. These matters will be further addressed in the planning discussion found in Section 6 of this planning report. 23
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updated planning report updated planning report - City of Guelph

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