updated planning report updated planning report - City of Guelph

Updated Planning Report September 2008
Proposed Lafarge/Silvercreek Development
• There also appears to be similar interpretive latitude provided by the new Bill 51
(Planning Act) definition of “area of employment” (similar to the PPS definition of
“employment area”), by way of reference again to “…clusters of business and
economic uses…” and by the use of a similar qualification on the listed uses
“…without limitation…” (analogous to “…but not limited to…” in the PPS.) We
understand that the foregoing qualifiers in both the PPS and the new Bill 51 definition
are intended to provide municipalities with some policy discretion to respond to local
circumstances (presumably through their Official Plans) by permitting additional uses
within “employment areas” beyond those specifically listed in the respective PPS and
Bill 51 definitions noted above.
• Further lending some credence to the notion that stand-alone or major retail uses are
not considered to be “non-employment uses” are three relatively recent Ontario
Municipal Board decisions, in Barrie, Peterborough, and Toronto, respectively (see
OMB files PL050527, PL060427 and PL070485.) The Board concluded, in those
cases, that the retail uses proposed did not constitute the conversion (within an
employment area) to non-employment uses, for the purposes of the 2005 PPS.
The PPS also speaks of supporting long-term economic prosperity, by optimizing use of
land and infrastructure, safeguarding the vitality and viability of downtowns, and by
promoting the redevelopment of brownfield sites.
Our previous comments above addressed the “urban efficiency” objective. The updated
market study summarized in Section 5.1 of this report included related findings that the
Guelph C.B.D. has a very modest vacancy rate (which can suggest an under-stored
market), and that the subject proposal will not be detrimental to the overall function or
economic vitality of the C.B.D. Further, the subject property is a vacant brownfield site,
proposed for productive redevelopment and re-use, consistent with this PPS objective.
From a more generic perspective, the PPS itself acknowledges that Official Plan policies
are the most important vehicle for the implementation of provincial intentions and
protection of provincial interests. If a proposal is seen to conform with a municipality’s
Official Plan policies and principles, then it augers well for consistency with the PPS
itself.
6.2.2 City Official Plan
The Plan’s relevant major goals previously quoted in Section 3.3.2 of this report include
the following key concepts:
• compact development to avoid sprawl and premature development;
• direct development where municipal services/infrastructure are most readily
available, relative to several factors;
• protect and enhance the natural environment;
• facilitate a full range of commercial uses to meet population and employment needs;
and,
• maintain/strengthen C.B.D.’s role as a major focal area for investment, employment
and residential uses.
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