Jim Estill requests MZO for Puslinch proposal

ABERFOYLE – Jim Estill, owner of Danby Appliances Canada, has requested a Minister’s Zoning Order (MZO) for his application to build a “prestige industrial site” on agricultural land in Puslinch.

An MZO allows the Minister of Municipal Affairs and Housing to unilaterally rezone land and bypass local planning processes and public consultation – and it cannot be appealed.

In recent years it has largely been used to speed up housing projects.

Estill’s original application in 2022 was to rezone 4631 Sideroad 20 North, where Danby and Upper Canada Forest Group intend to locate their headquarters, and potentially offer space for other businesses’ head offices as well.

There would be warehousing of products but no production of products, according to the original application. The vision for the Estill Innovation Community, as he called it, would also include a day care centre, fitness centre, some commercial space, and trails that would be available for public use.

The property would employ some 600 people, he said.

Estill originally proposed using the Community Infrastructure and Housing Accelerator (CIHA) planning tool that would provide  authority on the file to the Minister of Housing.

At the time, the CIHA tool required municipal councils to approve using that tool. Puslinch council did not approve, so to date the application has proceeded through the normal planning process.

There have been a couple of public meetings and by and large, local residents strongly object to the proposal, citing concerns about possible impacts on their well water, high volumes of traffic in this otherwise rural part of the township, incompatability with the surrounding landscape, and losing agricultural land to industry.

The township and Wellington County have also completed their Puslinch by Design study, which identifies and designates employment lands in the township. The Estill lands are not in the newly identified employment zones.

At the May 6 council meeting, correspondence from Estill indicates the subject property now includes 4599 Sideroad 20 North.

“We, Puslinch Development GP Inc., are the owners of 4631 Sideroad 20 North and are authorized to submit this MZO request on behalf of Angelo and Luisa Maggiolo, owners of 4599 Sideroad 20 North in the Township. Collectively, these properties will be referred to as the “subject lands,”” states Estill’s letter to the Minister of Housing and Municipal Affairs requesting the MZO.

In the letter, Estill proposes constructing a new interior road that would run from north of Concession 4 to Wellington Road 34 through the Maggiolo property, keeping trucks off Sideroad 20.

If the minister approves the order, the Maggiolo land would also be designated as employment lands.

The Puslinch council chamber was crammed with people throwing their support behind two delegates who spoke to council on May 6.

Donna Christie spoke on behalf of residents’ group Help Protect Puslinch.

“We stand in support of the township and county in retaining your rightful role in planning and decision making. The MZO bypasses the process and public engagement,” Christie said.

She praised local government for the Puslinch by Design study “that reflected careful study and community input on where growth should occur.”

She said the group has retained legal counsel and intends to fight the MZO.

Mayor James Seeley said this is the first MZO for Puslinch, “and it’s new territory for us.”

He said OPA 131, which contains zoning and official plan amendments on employment lands, has passed at the township and county and is at the province awaiting approval.

“We’re on this ride together,” he said.

David Purdy, owner of the Donkey Sanctuary of Canada just down the road from the proposed site, said the MZO and industrial development, “will cause serious concerns for us.

“The land is half a kilometre from the sanctuary, and we depend on a calm, low-impact environment,” he said.

Donkeys are highly sensitive to noise and air quality and would be harmed by the proposed industry, Purdy said. As well, visitors come for the donkeys and also the respite from city living that the property provides.

“We ask you to continue to stand against the MZO,” Purdy said.

CAO Courtenay Hoytfox told council that with the MZO, there is no expectation of process.

“The minister has no obligation for public comment or support … We are not the decision makers with an MZO. And there are no appeal rights or objection rights.”

Staff had already written a draft letter to the minister objecting to Estill’s request based on technical comments and flagging issues with the proposal. Council passed a motion to send the letter.

Seeley encouraged citizens to write their own letters to the minister, to Wellington-Halton Hills MPP Joseph Racinsky and Perth-Wellington MPP Matthew Rae, who is also parliamentary assistant to the Minister of Municipal Affairs and Housing.

“I encourage residents to reach out directly,” Hoytfox added. 

“Hearing directly from residents is the best way.”