PLANNING JUSTIFICATION REPORT

Transcription

1 PLANNING JUSTIFICATION REPORT 1738 Caistor Gainsboro Townline Road Ontario Inc. Zoning By-law Amendment May 2018

2 PLANNING JUSTIFICATION REPORT 1738 Caistor Gainsboro Townline Road Zoning By-law Amendment Smithville, ON May 2018 Prepared for: Ontario Inc Leominster Drive Burlington, ON Prepared by: GSP Group Inc. 162 Locke St S, Suite 200 Hamilton, Ontario L8P 4A9

3 Table of Contents 1. INTRODUCTION SITE DESCRIPTION AND SURROUNDING USES Site Description and Background Surrounding Land Uses Neighbourhood Context PROPOSED DEVELOPMENT CONCEPT AND CONTEXT Operations PLANNING POLICY AND REGULATORY CONTEXT Ontario Planning Act, R.S.O. 1990, c. P Niagara Peninsula Source Protection Plan, Resource Recovery and Circular Economy Act, The Accessibility for Ontarians with Disabilities Act, Provincial Policy Statement, Places to Grow Growth Plan for the Greater Golden Horseshoe, Regional Official Plan Township of West Lincoln Official Plan West Lincoln Zoning By-law No TECHNICAL STUDIES & NEIGHBOURHOOD CONSULTATION Technical Studies Neighbourhood Consultation PLANNING APPLICATIONS Zoning By-law Amendment Site Plan PLANNING SUMMARY AND ANALYSIS Regulatory Review Servicing Review Transportation and Access RECOMMENDATIONS... 37

4 List of Figures Figure 1: Site Location... 2 Figure 2: Neighbourhood Context... 3 Figure 3: Life Cycle of Medical Marihuana... 5 Figure 4: Site Plan (Barich Grenkie Surveying, 2018)... 8 Figure 5: Agricultural Land Base Figure 6: Core Natural Heritage Figure 7: Land Use - Caistor Figure 8: Natural Heritage System Figure 9: Natural Heritage System - Other Features Figure 10: Zoning By-law Figure 11: 150m setback List of Tables Table 1: Provincial Interest... 9 Table 2: Zoning Regulation Chart (By-law ) 28 Appendix A: Draft Zoning By-law Amendment

5 1. INTRODUCTION This report has been prepared in support of a Zoning By-law Amendment application on behalf of John and Brandon Guerra to permit the operation of a licensed medical marihuana facility on the lands municipally known as 1738 Caistor Gainsboro Townline Road (the Site ). An amendment to the Zoning By-law is required to add the use to the subject Site, to allow for decreased setbacks to the medical marihuana facility, and to bring the existing lot area into conformance with the bylaw. This report and Zoning By-law Amendment application have been prepared by GSP Group Inc. The purpose of this report is to describe the proposed development, requested Zoning By-law Amendment, the applicable planning policies and regulations, and assess the appropriateness of the proposed development and the requested Amendment in the context of the surrounding community and the policy and regulatory framework applicable to the Site. 2. SITE DESCRIPTION AND SURROUNDING USES 2.1 Site Description and Background The Site is one parcel of land situated at the north-west corner of intersection of Caistor Gainsboro Townline Road and Highway 65, known as Bismarck Road / Silver Street, as illustrated in Figure 1. The Site is 19 hectares in size and contains a single detached dwelling and metal clad barn. The Site has frontage along Caistor Gainboro Townline Road of 318 metres, and a flankage of 543 metres along Highway 65. Vehicular access to the Site is located directly in front of the single detached dwelling and metal clad barn, which is approximately halfway along the frontage of Caistor Gainsboro. There is an additional access for farm equipment to the Site along Bismarck Road. The majority of the property is currently farmed for cash crops. 2.2 Surrounding Land Uses Neighbourhood Context The site and immediate context is characterized predominantly by agricultural uses, with most farms planted in cash crops as well. There are a number of non farm residences located in close proximity to the Site as illustrated in Figure 2. Planning Justification Report 1738 Caistor Gainsboro Townline Road 1

6 Caistor Gainsboro Townline Road Concession Four Rd Site Silver St / Bismark Rd / Hwy 65 Site Location Source: Google Aerial Imagery (2017) Figure 1 Planning Justification Report 1738 Caistor Gainsboro Townline Road, Smithville

7 Caistor Gainsboro Townline Road Concession Rd 5 Agricultural Agricultural Site Concession Four Rd Residence Bismark Road Silver St / Bismark Rd / Hwy 65 Residence Caistor Gainsborough Townline Rd Residence Caistor Gainsborough Townline Rd Residence Cosby Road Residence Caistor Gainsborough Townline Rd Agricultural Agricultural Concession Rd 3 Rural Residential Neighbourhood Context Source: Google Aerial Imagery (2017) Figure 2 Planning Justification Report 1738 Caistor Gainsboro Townline Road, Smithville

8 3. PROPOSED DEVELOPMENT CONCEPT AND CONTEXT The Site, located at 1738 Caistor Gainsboro Townline Road, is one parcel generally rectangular in shape. The Site currently contains a single detached dwelling and small metal clad barn fronting Caistor Gainsboro Townline Road. There is a regulated stream that traverses the property. The remainder of the land is farmed for cash crops. Planning Act approval is required to permit a medical marihuana facility with decreased setbacks to the property lines. The Site is currently designated Good General Agriculture in the Regional Official Plan, and Good General Agriculture and Environmental in the Town of West Lincoln Official Plan. The Site is currently zoned Agricultural (A) and Environmental Protection (EP) / Environmental Conservation (EC) Zones. A zoning amendment is required to recognize the use and proposed setbacks. The medical marihuana facility is proposed to be comprised of a 1-storey, pre-engineered metal clad, 1,394 square metre building which occupies less than 1% of the total lot area. The building is surrounded by a 2.5m high privacy fence with a 6 metre wide area around the building for access and maintenance purposes, as detailed in Figure 3. Loading will be on the north side of the building, with fourteen parking spaces on the east side of the building. The facility is proposed to be located approximately 206m from Caistor Gainsboro Townline Road and is accessed by a 6.0m wide driveway. The required 150 metre setback to the property line is maintained to the west, south and east. To the north, a 108 metre setback to the property line is requested, and to the northeast, a setback of 114 metres to Residence 1 (1768 Caistor Gainsboro Townline Rd) is requested. 3.1 Operations Medical Marihuana, as set out by Health Canada, is the growing and processing of cannabis for the sole purpose of sale for medical purposes. Medical Marihuana can only be considered Medical Marihuana if it is grown and processed with a Health Canada Permit provided under the Access to Cannabis to Medical Purposes Regulations. In order to operate a medical marihuana facility in Canada, the proposed facility must be reviewed by Health Canada to ensure all the requirements are met for a licensed Medical Marihuana facility. The Owner s received Health Canada approval on April 5 th, Planning Justification Report 1738 Caistor Gainsboro Townline Road 4

9 Day-to-Day Operations In order to produce Medical Marihuana, the following cycle is followed: Figure 3: Life Cycle of Medical Marihuana The facility will start operations with seven staff members: Grower Student Grower Packager Shipper/Receiver Cleaner Quality Assurance Responsible Individual / Manager The number of Staff will fluctuate between seven and thirteen employees as the business grows. Part time employees will need to come in for weekly trimmings of plants etc. The facility operates as a 9 to 5 business, with most employees on Site at that time. There may be additional employees on Site after hours, i.e. a security guard and/or cleaner. Planning Justification Report 1738 Caistor Gainsboro Townline Road 5

10 The facility is not open to the public, and there will be no visitors to the Site other than employees, Health Canada, and for shipping and receiving purposes. This results in limited traffic to and from the Site. Further, all shipment vehicles going to and from the Site are no larger than an extended van, and therefore no tractor trailors or cube vans will be frequenting the Site. There will be minimal plant material disposed of, as plants that are not used in the dried product are turned into oils. Waste generated at the Site will be similar in amounts to an office or lab with the same number of employees. All waste pick up will be done by a private company. Legislation Licences are provided under the Access to Cannabis for Medical Purposes Regulations (ACMPR). Each application undergoes a detailed assessment and review, including in-depth security checks undertaken by the RCMP. In order to become a licenced producer, there are several stages of approvals. First, an application is submitted for an Initial Screening. This screening includes an assessment of the business plan, approval of a Security Clearance Application (similar to a background check), and assurance of good production practices. As part of this review, the applicant is required to provide notices to the local government of where they are proposing to operate (This notice was provided to Township Staff by Mr. John Guerra). Once the Initial Screening is complete, a detailed review of the proposal occurs. Once a facility receives approval there are several inspections that must occur, including an introductory inspection and a pre-sales inspection. Once the pre-sales inspection occurs, a Licence to Sell is provided. This is when normal operations of the facility begin. After receiving the Licence to Sell, inspections of the facility occur on a regular basis. The ACMPR has specific regulations dealing with security measures and odour emissions, which have all been incorporated, and approved for the subject application. Building Location The location of the building was decided upon due to a variety of factors, including the Fish Habitat and Floodplain that impact the property, as well as neighbour input. The intent of the proposed building placement is to entirely avoid any interaction with the fish habitat and floodplain and position the building away from the public right of way, while still maintaining the greatest possible setbacks to property lines. Overview of security and safety Health Canada is very rigid in their security requirements. The following are requirements that the subject Site must provide: Planning Justification Report 1738 Caistor Gainsboro Townline Road 6

11 Visual Monitoring and Recording: The perimeter of the area must be visually monitored at all times by visual recording devices. Outdoor infrared / night vision IP66 (weatherproof), IK10 (vandal resistant) cameras are proposed to provide continuous CCTV monitoring. Focused on enclosed area and will be positioned in a way to ensure neighbouring properties are not monitored or recorded. Intrusion detection system: A continuous intrusion detection system must be installed. Perimeter will be signed as private property with no trespassing. Motion sensors will be installed within the fenced in area, and at entrances to the fenced in area, as well as within the building. Vibrations cables will be installed along the fenceline. Alarm system to be installed. Glazing will be protected with glassbreak sensors and interior motion sensors. Odour Control Section 61 of the ACMPR details specific requirements for odour control. Consistent with this Section, the proposed facility will have an HVAC system and Air sterilization system to eliminate odour exterior to the building. Each growing room is considered a Controlled Environment Room and have several measures to ensure any odour is mitigated. Oscillating fans will be placed around each room to prevent any stagnant, or dead air spots. A scrubber system will be installed in each room for odour elimination and air circulation. UV lights (Sanuvox) will be installed for air sterilization. There will be audio and visual alarms to alert personnel when a system is not functioning correctly. This ensures that any problems leading to odour emissions will be fixed in a timely manner. Overall, several odour control measures are to be introduced into the facility to ensure that there are no odour emissions exterior of the building. All these proposed systems have been reviewed and approved by Health Canada for consistency with the ACMPR requirements. Remainder of land The remainder of the land will continue to be farmed. The existing dwelling will remain and will be rented out. It will not be used for farm purposes. The existing accessory structure will be used for storage by the resident of the existing dwelling. Planning Justification Report 1738 Caistor Gainsboro Townline Road 7

12 60 METRES Site Area: 19.04ha. Building Coverage: 0.9% (1716m 2 ) Proposed Structure: 0.7% (1387m 2 ) Existing Dwelling: 0.06% (117.2m 2 ) Scale 1:1000 Existing Barn: 0.1% (211.6m 2 ) NPCA Regulation Area Proposed Site Plan Source: Barich Grenkie Surveying Ltd. (May 2018) Figure 4 Planning Justification Report 1738 Caistor Gainsboro Townline Road, Smithville Barich Grenkie Surveying Ltd. 297 HWY No. 8 (UNIT 101) - STONEY CREEK, ON (905) A DIVISION OF GE

13 4. PLANNING POLICY AND REGULATORY CONTEXT 4.1 Ontario Planning Act, R.S.O. 1990, c. P.13 The Planning Act R.S.O. 1990, c. P.13 provides for a land use planning system led by provincial policy, integrates matters of provincial interest in provincial and municipal planning decisions and provides for statutory planning processes in Ontario. Section 2 of the Planning Act, sets out matters of Provincial Interest when considering an application under the Act. The following table provides an analysis of the Proposed Development in response to the prescribed Provincial interest: Table 1: Provincial Interest Provincial Interest Response a) The protection of ecological systems, including natural areas, features and functions The facility is not located in a Natural Heritage System as per Ministry of Natural Resources and Forestry online NHS mapping. There is Fish Habitat adjacent to the development, however appropriate buffers shall be maintained. b) The protection of the agricultural resources of the Province The Site is identified as Agricultural Land Base for the Greater Golden Horseshoe as per online mapping (Agricultural Systems Portal). The proposal is for an agricultural use in an agricultural area and therefore does not take any lands out of agricultural production. c) The conservation and management of natural resources and the mineral resource base d) The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest As per Schedule C-5 of the West Lincoln Official Plan, the Site is not located in a Mineral Resource Extraction area. The Site is not within an area of archaeological potential and does not house any potentially significant buildings. e) The supply, efficient use and conservation of energy and water In additions to the proposed cistern, the Site will be using rainwater for irrigation purposes. Planning Justification Report 1738 Caistor Gainsboro Townline Road 9

14 Provincial Interest f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems Response The Site will be serviced by private septic bed. g) The minimization of waste There will be no plant waste as all parts of the plant are used within the production. h) The orderly development of safe and healthy communities; the accessibility for persons with disabilities to all facilities, services and matters to which this Act applies i) The adequate provision and distribution of educational, health, social, cultural and recreational facilities j) The adequate provision of a full range of housing, including affordable housing AODA requirements will be dealt with at the Site Plan stage k) The adequate provision of employment opportunities The Proposed Development will create employment opportunities through the growing and production of the crop, as well as employment related to the auxiliary office use and any security arrangements. l) The protection of the financial and economic well-being of the Province and its municipalities N/A m) The co-ordination of planning activities of public bodies N/A n) The resolution of planning conflicts involving public and private N/A interests o) The protection of public health and safety N/A p) The appropriate location of growth and development The Site is an appropriate location for controlled development as it is located in a secluded agricultural area of West Lincoln. The growth is limited and will therefore not impact the agricultural area. q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians r) The promotion of built form that, (i) is well-designed, (ii) encourages a sense of place, and N/A N/A The Site is located in an agricultural area and therefore does not have access to public transit and is not oriented to pedestrians. Visitors will be limited to the Site. The Proposed Development is setback from the road and is not visible from any public spaces. Sense of place is Planning Justification Report 1738 Caistor Gainsboro Townline Road 10

15 Provincial Interest (iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant s) The mitigation of greenhouse gas emissions and adaptation to a changing climate Response maintained as it is an agricultural area being used for agricultural purposes. The facility is small, with a small carbon footprint. The growing and production occurs indoors and therefore will not be affected by a changing climate. Relevance to the Site: Based on the above analysis, the Proposed Development is consistent with the prescribed provincial interest criteria. 4.2 Niagara Peninsula Source Protection Plan, 2013 The Ontario government passed the Clean Water Act in 2006 to protect drinking water supplies by preparing watershed-based source protection plans. The Act established source water protection areas across the Province, which are mandated to prepare source water protection plans based on local characteristics. The Site forms part of the Niagara Peninsula watershed area, and the local Source Protection Plan came into effect on December 17 th, The Niagara Peninsula Source Protection Plan identifies vulnerable areas and the risks posed to municipal water systems. Within the Source Protection Plan are Assessment Reports, which contain detailed information on vulnerable areas associated with drinking water systems, including level of vulnerability, and activities that pose threats to the system. Relevance to the Site: Areas of the Niagara Peninsula Source Protection Plan (2013) where threat activities could pose a significant risk have been determined through the Plan. The Site is not located within the identified vulnerable areas and as such, there are no specific activity restrictions which would apply to the land. 4.3 Resource Recovery and Circular Economy Act, 2016 The Government of Ontario released the Resource Recovery and Circular Economy Act, S.O. 2016, Chapter 12, Schedule 1, in 2016, to establish a framework for recovering resources and reducing waste in the Province. The Act requires producers to be environmentally accountable and financially responsible for recovering resources and reducing waste associated with their products and packaging. To implement the Act, the Ministry of the Environment and Climate Change released the final draft of the Strategy for a Waste-free Ontario, Building a Circular Economy in December A circular economy means an economy in which participants strive: Planning Justification Report 1738 Caistor Gainsboro Townline Road 11

16 a) to minimize the use of raw materials; b) to maximize the useful life of materials and other resources through resource recovery; and c) to minimize waste generated at the end of life of products and packaging. The Strategy establishes the goal of 50% waste diversion by 2030 and 80% waste diversion by Within the land use planning system, the Strategy applies to the management of excess soil (Excess Soil Management Policy Framework, 2016) on a development site. The goal is to reduce the inappropriate relocation of excess soil and enhance opportunities for reuse. The Strategy requires the generator of excess soil to plan for its appropriate reuse early on in the process of planning for development and infrastructure. Relevance to the Site: The Site is generally flat and does not require significant grading. The Proposed Development also does not include a subterranean level requiring excavation. Therefore, the Proposed Development is not anticipated to produce excessive soils destined for the landfill, consistent with the policies of the Resource Recovery and Circular Economy Act (2016). 4.4 The Accessibility for Ontarians with Disabilities Act, 2005 The Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 ( AODA ), provides a framework to develop, implement and enforce accessibility standards in Ontario for goods, services, facilities, accommodation, employment, buildings, structures and premises. Relevance to the Site: The Planning Act makes provisions for accessibility for persons with disabilities as part of the site plan process. Accordingly, the provision of facilities for accessibility to the Proposed Development will be reviewed at the site plan stage consistent with the Accessibility for Ontarians with Disabilities Act (2005). 4.5 Provincial Policy Statement, 2014 The Provincial Policy Statement (2014) (PPS) provides high-level land use policy direction to be implemented through the actions of municipalities. Decisions of municipal councils must be consistent with the PPS which provides direction for issues such as the importance of rural areas to the economic success of the Province, and economic opportunities shall be promoted. The Proposed Development must be considered in the context of the PPS and consistent with policies pertaining to rural and agricultural uses, and development on prime and specialty agricultural lands. The PPS directs that rural areas are important to the economic success of the Province, and economic opportunities shall be promoted. Planning Justification Report 1738 Caistor Gainsboro Townline Road 12

17 The PPS provides the following definitions: Agricultural uses: means the growing of crops, including nursery, biomass, and horticultural crops and associated on-farm building and structures, including, but not limited to value-retaining facilities. Agricultural-related uses: means those farm-related commercial and farm-related industrial uses that are directly related to farm operations in the area, support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity. The growing of medical marihuana is consistent with the Agricultural uses definition, as the growing of medical marihuana is the growing of a crop, simply within a building. The processing and production of the product is consistent with the Agricultural-related uses definition as the processing is a direct result of the agricultural use house within the same structure. Policy supports the maintenance and creation of Healthy, integrated and viable rural areas by Building upon rural character, and leveraging rural amenities and assets; Promoting regeneration, including the redevelopment of brownfield sites; Promoting diversification of the economic base and employment opportunities through goods and services, including value-added products and the sustainable management or use of resources; Providing opportunities for sustainable and diversified tourism, including leveraging historical, cultural and natural assets; and Providing opportunities for economic activities in prime agricultural areas, in accordance with policy 2.3 (1.1.4). The proposed facility diversifies the agricultural economic base by introducing a varied type of agriculture to the area. The facility will also create jobs in the agricultural sector. Rural Lands Policy states that Agricultural uses, agricultural-related uses, on-farm diversified uses and normal farm practices should be promoted and protected in accordance with provincial standards. The proposal is for an agricultural use and the production of the medical marihuana products is considered an agricultural-related use. The facility further promotes agricultural operations. No land will be removed from agricultural production. Long Term Economic Property Policy states that Long-term economic prosperity should be supported by: a) promoting opportunities for economic development and community investment-readiness ; The proposed medical marihuana facility provides a new element to the agricultural industry and provides a new opportunity for economic development within the agricultural industry. Planning Justification Report 1738 Caistor Gainsboro Townline Road 13

18 Relevance to the Site In conformity with the PPS, the use of the Site for a Medical Marihuana Facility is considered an agricultural and agricultural related use. The use of the rural property for the growing of cannabis is an agricultural use, while the production while the production of medical marihuana products ins considred agricultural related use. The proposal promotes agricultural products and the rural economy, and therefore meets the PPS directives. The remainder of the land that is currently farmed will continue to be farmed for typical cash crops such as corn and soybeans. 4.6 Places to Grow Growth Plan for the Greater Golden Horseshoe, 2017 The Growth Plan provides a framework for implementing the Province s vision for building stronger, prosperous communities by better managing growth. Decisions on land use matters as they relate to the Growth Plan should be directed by its Guiding Principles. The Site is located within the Agricultural System of the Growth Plan. Policy of the Growth Plan provides direction on how development of the Agricultural area should occur: 1. The Province will identify an Agricultural System for the GGH. 2. Prime agricultural areas, including specialty crop areas, will be designated in accordance with mapping identified by the Province and these areas will be protected for long-term use for agriculture. 3. Where agricultural uses and non-agricultural uses interface outside of settlement areas, land use compatibility will be achieved by avoiding or where avoidance is not possible, minimizing and mitigating adverse impacts on the Agricultural System. Where mitigation is required, measures should be incorporated as part of the non-agricultural uses, as appropriate, within the area being developed. 4. The geographic continuity of the agricultural land base and the functional and economic connections to the agri-food network will be maintained and enhanced. 5. The retention of existing lots of record for agricultural uses is encouraged, and the use of these lots for non-agricultural uses is discouraged. 8. The prime agricultural areas identified in official plans that are approved and in effect as of July 1, 2017 will continue to be protected in accordance with the official plan until provincial mapping of the Agricultural System has been issued. These policies require the protection of agricultural land for long-term agricultural use and direct municipalities to implement regional agricultural strategies and other approaches to sustain and enhance the Agricultural System and the long-term economic prosperity and viability of the agricultural sector. In this regard, both the Regional and local Official Plan includes policies that address the protection of agricultural land as well as encourage agricultural related uses. Relevance to the Site Planning Justification Report 1738 Caistor Gainsboro Townline Road 14

19 The proposed Medical Marihuana Production Facility is an agricultural use, with associated production, which is considered an agricultural-related use that supports the agricultural industry. This use supports and protects agriculture and promotes agriculturally related practices contributing to expanding the variety of farming activities in the area by providing additional uses to the agricultural network. The facility is an important component in supporting the overall Agricultural System within the Greater Golden Horseshoe Area and the associated positive economic impacts. 4.7 Regional Official Plan The Regional Municipality of Niagara Official Plan ( Regional OP ), consolidated in 2015, serves as the upper-tier official plan providing policy direction for the Town of Lincoln. Municipal planning decisions must be in conformity with the Regional OP. The Site is designated Good General Agriculture in the Regional Structure Plan, Schedule A and B as illustrated in Figures 5. The Site includes a Core Natural Heritage Fish Habitat feature, as per Figure 6, as a stream bisects the property. The Site being designated Good General Agriculture in the ROP prohibits urban land uses and provides protection for rural and agricultural resources. Section 5.0 of the ROP notes that these lands accommodate a variety of agriculturerelated uses and yield a variety of crops, and process their crops/yields as well, in order to add value to their production. The growing of Medical Marihuana is considered agricultural, and the production of medical marihuana is considered value added to agriculture and is therefore not considered farm diversification. According to the Regional OP, Policy 5 states that The agri-food industry in Niagara is diversified. Farmers produce a variety of crops including greenhouse flowers, fruit, vegetables, livestock and field crops. Wineries, distilleries, fruit and vegetable processors, dairies and meat packing firms process these crops adding value to their production. The proposed use is considered a permitted use in the Agricultural area because the growing of cannabis is considered an agricultural use. The processing of the cannabis into medical marihuana products is considered value added to agriculture, as outlined below: Value Added Uses means uses that generally occur on-farm which add value to agricultural products and their sale and distribution and are intended to promote and sustain the viability of farming operations. Such uses are generally considered agriculture-related uses, and are required to be small scale and related to the farm activity. Value Added Uses may be grouped into three major components: Support Uses, Production Uses and Marketing Uses. The proposed facility falls under the definition of Production Uses: Production Uses: means value added farm related uses that include processing of agricultural products (including wineries, canneries, bakeries, cheese factories and similar uses); and distribution and warehousing of agricultural products. Planning Justification Report 1738 Caistor Gainsboro Townline Road 15

20 NM 65 Site NM 14 UNIQUE AGRICULTURAL AREA GOOD GENERAL AGRICULTURE AREA RURAL AREA GREENBELT PLAN AREA NIAGARA ESCARPMENT PLAN (NEP) AREA URBAN AREA HAMLET (Refer to Policy 4.H.1.6) Niagara Region Official Plan - Agricultural Land Base Source: Niagara Region Official Plan Schedule B (August 2015) Figure 5 Planning Justification Report 1738 Caistor Gainsboro Townline Road, Smithville

21 65 Site ENVIRONMENTAL PROTECTION AREA ENVIRONMENTAL CONSERVATION AREA GREENBELT PLAN GREENBELT NATURAL HERITAGE SYSTEM Published November 2015 Lake Ontario 100 NIAGARA ESCARPMENT PLAN (NEP) AREA EARTH SCIENCE ANSI QEW FISH HABITAT FISH HABITAT MUINICIPAL DRAIN Planning Justification Report 1738 Caistor Gainsboro Townline Road, Smithville Niagara Region Official Plan - 57 PROVINCIAL ROAD 43 Core Natural Heritage REGIONAL ROAD 420 Source: Niagara Region Official Plan Schedule C (November 2015) QEW 47 POTENTIAL NATURAL HERITAGE CORRIDOR URBAN AREA NIAGARA REGION MUNICIPAL BOUNDARY Figure 6 NIAGARA REGION OFFICIAL PLAN 2015 Niagara Region and its suppliers. Projection is UTM, NAD 83, Zone 17. This map was compiled from various data sources and is current as of November The Niagara Region makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map. Core Natural Heritage 20 37

22 Section 5.A outlines the objectives for Agricultural and Rural lands within the Region. These objectives include supporting uses that enable farmers to be competitive and sustainable by expanding agricultural opportunities, which allows them to adapt to changing markets. 5.A.7 To support uses that enable farming and farmers to: a) Become more competitive, sustainable and environmentally friendly; b) Adapt to new and changing markets; c) Diversify into and take advantages of new agricultural opportunities; d) Improve the understanding of agriculture by the general public; and e) Broaden operations to diversity economic activity and add value to their primary products. The proposed medical marihuana facility is an example of adapting to new and changing markets, with the increased prevalence of regulations permitting medical marihuana as a standard form of treatment. Additionally, due to the same reasons, it is an example of taking advantage of new agricultural opportunities. The Region mandates that the second highest priority will be given to preserving "good general agricultural lands" (5.B.2).The Region aims to ensure a viable agricultural industry through such means as supporting a wide range of farm diversification uses in appropriate locations and at a scale suitable to the farm and the agricultural area where they contribute to economically sustainable agriculture. Policy 5.B.6 states that In the Unique and Good General Agricultural Areas, the predominant use of land will be for agriculture of all types, including livestock operations as well as associated value retention uses. Compatible uses such as forestry and conservation of plant and wildlife are also permitted. The proposed use is defined as agriculture. Further, over 75% of the property will continue to be farmed for cash crops. Policy 5.B.23 Value Added Production uses are intended to primarily serve the farm operation and surrounding local operations, and remain secondary to the principal farming operation in relation to the scale of the operation, its footprint and the product being manipulated. Such uses may be recognized as of right in local zoning by-laws. However, it is recognized that in order to extend the operating season of such uses, some product may be obtained from surrounding local farm operations or from other parts of Ontario provided the majority of product is from the farm or from surrounding local operations, particularly in the off seasons to allow the efficient operation of the processing uses and contribute to the ongoing viability of the farm. Such facilities may require a site specific zoning amendment prior to expanding the operation to include product from other parts of Ontario. Planning Justification Report 1738 Caistor Gainsboro Townline Road 18