planning justification report - city of...

PLANNING JUSTIFICATION REPORT

45 Yarmouth Street

Proposed Apartment Building

City of Guelph, Ontario

PREPARED FOR

Ayerswood Development Corporation

PREPARED BY

February 3, 2016

Planning Justification Report February 3, 2016


City of Guelph

Zelinka Priamo Ltd. Page i

TABLE OF CONTENTS

Page No.

1.0 INTRODUCTION .................................................................................................. 1

1.1 Background .......................................................................................................... 1

1.2 Description of the Subject Lands .......................................................................... 1

1.3 Planning History ................................................................................................... 3

1.4 The Proposal ........................................................................................................ 3

1.5 Access .................................................................................................................. 5

1.6 Servicing ............................................................................................................... 6

2.0 PLANNING DOCUMENTS ................................................................................... 7

2.1 Provincial Policy Statement .................................................................................. 7

2.2 Growth Plan .......................................................................................................... 7

2.3 City of Guelph Official Plan ................................................................................... 8

2.4 City of Guelph Downtown Secondary Plan (OPA 43) ............................................ 8

2.5 City of Guelph Zoning By-law No. (1995) – 14864 .............................................. 12

3.0 PROPOSED ZONING BY-LAW AMENDMENT ................................................. 15

3.1 Proposed Zoning By-law Amendment ................................................................. 15

4.0 PLANNING ANALYSIS ...................................................................................... 16

4.1 Provincial Policy Statement ................................................................................ 16

4.2 Growth Plan ........................................................................................................ 16

4.3 City of Guelph Official Plan ................................................................................. 17

4.4 Zoning By-Law No. (1995 – 14864), As Amended .............................................. 18

5.0 CONTEXTUAL ANALYSIS ................................................................................ 24

5.1 Urban Design Brief ............................................................................................. 25

5.2 Shadow Study .................................................................................................... 25

5.3 Servicing ............................................................................................................. 25

5.4 Traffic Impact Study ............................................................................................ 25

5.5 Archeaological Assessment ................................................................................ 26

6.0 CONCLUSIONS ................................................................................................. 27



City of Guelph

Zelinka Priamo Ltd. Page 1

1.0 INTRODUCTION

1.1 BACKGROUND

On behalf of Ayerswood Development Corporation, an application has been submitted to

the City of Guelph to amend the City of Guelph Zoning By-law No. (1995) - 14864 to

permit an Apartment Building located on lands known municipally as 45 Yarmouth

Street, in the City of Guelph.

The site comprises 45 Yarmouth Street (the subject lands) of which 1510233 Ontario

Inc. (Ayerswood Development Corporation) is the sole owner.

The purpose of the following land use assessment is to provide planning justification for

the proposed Apartment Building under a proposed Central Business District (CBD) 1

Exception Zone.

1.2 DESCRIPTION OF THE SUBJECT LANDS

The subject lands are bounded by Yarmouth Street (to the west) and Baker Street (to

the east), in the City of Guelph Downtown Area (see Figure 1). The subject lands have

an area of approximately 0.114 ha (0.282 ac).



City of Guelph


The subject lands are vacant and generally flat. Historically they were used for

automotive-related sale and service uses. They currently contain a parking lot on the

northwesterly portion of the site with 14 spaces (note: the 2 spaces closest to Yarmouth

Street are within the road allowance and the remaining 12 spaces are for the exclusive

use of the occupants of the existing apartment building immediately to the north at 55

Yarmouth Street). The remainder of the site is vacant and split by chain link fencing (see

Figure 2). There are no natural features on the site that would constrain the proposed

development.

Surrounding land uses include (see Figure 1):

An existing 9-storey mixed-use building immediately to the north at 55 Yarmouth

Street;

A 3-storey mixed-use heritage building (the Raymond Sewing Machine Company

Building), which is currently undergoing extensive renovations, immediately to

the south at 37 Yarmouth Street;



City of Guelph


A mix of 1, 2 and 3-storey detached residential and commercial buildings to the

west across Yarmouth Street; and

A large City-owned public surface parking lot to the east, across Baker Street.

1.3 PLANNING HISTORY

In 2000, an Official Plan Amendment and Rezoning (OPA/ZBA) application was

submitted for a nine-storey, 51-unit apartment building on the subject lands. The

application was refused by Council for reasons of height, density, massing, shadowing

and compliance with the Official Plan. The decision was appealed to the Ontario

Municipal Board (OMB) (Case File No. PL001365). A site plan application was also

submitted so that the OMB could deal with the site plan concurrently with the OPA/ZBA

application. The OMB hearing was held in 2001 and the Board issued its decision on

May 30, 2001 upholding the Council’s decision to refuse the application. It should be

noted that this appeal decision pre-dates the Downtown Secondary Plan policies

(adopted in April 2012) under which the proposed apartment building development will

be reviewed.

On November 6, 2013, the OMB approved a modification to the Secondary Plan which

removed pedestrian connections from the schedules in Official Plan Amendment No. 43

(“OPA 43”)) on the subject lands at 45 Yarmouth Street (OMB File No. PL120723).

1.4 THE PROPOSAL

Ayerswood Development Corporation is proposing to redevelopment the subject lands

with a 14-storey apartment building having approximately 89 units and a Gross Floor

Area of approximately 12,156 sq. m. (130,846 sq. ft.) (see Figures 3 and 4).



City of Guelph


The building will be oriented generally west and east, and will address both Yarmouth

Street and Baker Street, with the main lobby entrance off Yarmouth Street. All of the

apartment units will have private outdoor living areas.



City of Guelph


A total of approximately eight nine (89) parking spaces will be provided for residents of

the proposed development. The two and one-half level underground parking garage will

accommodate sixty-five (65) underground spaces, and will be accessed via a ramp from

Baker Street. The seven (7) spaces at-grade closest to Baker Street will be accessed

from Baker Street. Approximately twenty (20) parking spaces for the residents of the

proposed apartment building will be allocated within the City’s Baker Street public

parking lot, initially as overnight only spaces, but ultimately are intended to be full access

spaces.

In addition, twelve (12) at-grade spaces (accessed from Yarmouth Street) will continue

to be provided for the exclusive use of the adjoining residential apartment building to the

north at 55 Yarmouth Street, as required by the existing easement on title.

The site concept plan is preliminary and is subject to refinement through the design and

review of the development proposal as part of the Site Plan Approval process.

1.5 ACCESS

The main pedestrian access point to the proposed development will be from Yarmouth

Street, with a secondary access provided from Baker Street.

The 12 spaces (nearest Yarmouth Street) for the exclusive use of the adjoining

residential apartment building to the north at 55 Yarmouth Street will be accessed via

Yarmouth Street (one-way northbound Local Street). The seven (7) other at-grade

spaces closest to Baker Street for residents of the proposed apartment building and

access to the underground garage will be accessed from Baker Street (a southbound

one-way Local Street, except for a short two-way section near Quebec Street to access

Chapel Lane). It is not the intention of the landowner to provide at-grade cross-access

for vehicles or pedestrians through the site.

Garbage collection for the proposed development will be by private pickup from Baker

Street. A Draft Waste Management Plan is included as part of the application

submission materials.

A Traffic Impact Study was prepared by Paradigm Transportation Solutions Limited for

the subject lands. The main conclusions of the Study are addressed in Section 5.9 of

this report.



City of Guelph


1.6 SERVICING

The proposed development will utilize existing municipal services. The Functional

Servicing Brief prepared by Land Development Solutions Engineering Inc. dealing with

servicing is discussed under Section 5.3 of this report.



City of Guelph


2.0 PLANNING DOCUMENTS

2.1 PROVINCIAL POLICY STATEMENT

The 2014 Provincial Policy Statement (PPS), issued under the authority of Section 3 of

the Planning Act, “provides policy direction on matters of provincial interest related to

land use planning and development” in order to ensure efficient, cost effective

development and the protection of resources.

The PPS encourages development in Settlement Areas (Section 1.1.3.1); transit-

supportive development that makes efficient use of existing infrastructure (Section

1.1.3.2); and residential intensification and the provision of a range of housing types and

densities (Section 1.4.1), particularly in areas accessible to public transit (Section 1.4.3).

2.2 GROWTH PLAN

The 2006 Growth Plan for the Greater Golden Horseshoe (Office Consolidation, June

2013) (Growth Plan) provides guidance for decisions and a growth management policy

direction for the Greater Golden Horseshoe (GGH) to the year 2031. The subject lands

are indicated as being within an Urban Growth Centre on Schedule 2 (see Figure 5).



City of Guelph


Policies for lands within an Urban Growth Centre include:

The Growth Plan encourages the development of complete communities with a

diverse mix of land uses and a range and mix of employment and housing types

(Section 2.2.2.1.h);

The Growth Plan recognizes that Urban Growth Centres are a key focus for

development to accommodate intensification (Section 2.2.3.6.e);

The Growth Plan states that Urban Growth Centres will accommodate a

significant share of population and employment growth (2.2.4.4.d); and

Urban Growth Centres will be planned to achieve, by 2031 or earlier, a minimum

gross density target of 150 residents and jobs combined per hectare for

Downtown Guelph (Section 2.2.4.5.c).

2.3 CITY OF GUELPH OFFICIAL PLAN

The required five year update of the City of Guelph Official Plan (OP) is referred to as

“Envision Guelph”. The update to the OP consists of three phases: Phase 1: Official Plan

Amendment (OPA) 39 Growth Plan Conformity (which is in force and effect); Phase 2:

OPA 42 Natural Heritage System (which was adopted by Council in July 2010, approved

by the Ministry of Municipal Affairs and Housing in February 2011, and is currently under

appeal to the Ontario Municipal Board (OMB)); and Phase 3: OPA 48 Balance of the

Official Plan.

OPA 48 Balance of the Official Plan was approved with modifications by the Ministry of

Municipal Affairs and Housing on December 11, 2013, but is currently under appeal in its

entirety to the OMB. OPA 48 has been structured to reflect the Downtown Secondary

Plan (OPA 43) (see below) by including corresponding terminology, schedules and new

Chapter 11 for secondary plans.

2.4 CITY OF GUELPH DOWNTOWN SECONDARY PLAN (OPA 43)

The primary focus of OPA 43 (adopted April 2012) was to replace the existing Central

Business District policies and the other land use policies with new Downtown Urban

Growth Centre policies and add a new Official Plan Chapter entitled Secondary Plans

(Chapter 11) with a new section entitled ‘Downtown Secondary Plan’ inserted. This new



City of Guelph


chapter includes the policies that replace current Central Business District policies as

well as the other land use policies within the Urban Growth Centre.

The subject lands are designated Mixed Use 1 on Schedule C: Land Use Plan (see

Figure 6).

The Mixed Use 1 OP policies state that Mixed Use 1 areas are intended to

accommodate a broad range of uses in a mix of highly compact development forms;

development within this designation shall contribute to the creation of a strong urban

character and a high-quality, pedestrian-orientated environment (Section 11.1.7.3.1).

Multiple unit residential buildings, including Apartments are listed as permitted uses

within Mixed Use 1 areas (Section 11.1.7.3.2.b).

The minimum Floor Space Index (FSI) in Mixed Use 1 areas shall generally be 1.5

(Section 11.1.7.3.3).

Generally buildings in Mixed Use 1 areas shall be built close to the front property line to

help frame and animate adjacent streets (Section 11.1.7.3.5).



City of Guelph


To respect the historic character of the Downtown and ensure a human-scale pedestrian

realm, buildings taller than 4 storeys in Mixed Use 1 areas shall generally have a

substantial step back above the fourth storey from the front of the building (Section

11.1.7.3.6).

All buildings shall reflect their urban context and should have detailed and well-

articulated street level facades with high quality materials (Section 11.1.7.3.7).

On Schedule D: Building Heights of the Downtown Secondary Plan, the subject lands fall

outside the Protected Public View Corridor and have a normal building height range of 4

storeys minimum to 12 storeys maximum (see Figure 7).

The Downtown Secondary Plan Heritage policies and objectives focus on conserving

Guelph’s heritage resources, and seek to ensure that new development is compatible

with buildings and neighbourhoods that have heritage value. The property immediately

to the south at 37 Yarmouth Street is a 3-storey mixed-use building of heritage interest

(the Raymond Sewing Machine Company Building), which is currently undergoing

extensive renovations.



City of Guelph


The Downtown Secondary Plan policies relating to Urban Design seek to ensure that

development in the Mixed Use 1 Area: contributes to the creation of a strong urban

character and a high-quality, pedestrian-orientated environment (Section 11.1.7.3.1);

frames and animates adjacent buildings fit in the existing context (Section 11.1.7.3.5);

respects the historic character of the Downtown and provides a human-scale pedestrian

realm (Section 11.1.7.3.6); and reflects its urban context (Section 11.1.7.3.7).

The OP Built Form policies state that: generally, buildings shall be oriented towards and

have their main entrance on a street or open space; mechanical penthouses and

elevator cores shall be screened and integrated into the design of buildings; generally

balconies shall be recessed and/or integrated into the design of the building façade; all

buildings downtown should be finished with high quality, enduring materials, such as

stone, brick and glass; glass should be transparent or tinted with a neutral colour; the

massing and articulation of buildings taller than six storeys shall moderate their

perceived mass and shadow impacts, provide appropriate transitions to areas with lower

permitted heights, and contribute to a varied skyline in which the Church of Our Lady is

most prominent; and generally, the maximum floor plate of any floor above the sixth

storey, where permitted, shall be 1,200 square metres. Furthermore, the floor plates of

floors above the eighth storey, where permitted, generally shall be a maximum of 1000

square metres and should not exceed a length to width ratio of 1.5:1 (Section 11.1.7.2.3)

The following general policies respecting parking, loading and servicing shall apply to all

areas of the Downtown: a) Vehicular entrances to parking and servicing areas generally

be on Local Streets, Secondary Streets or Laneways and should be consolidated

wherever possible to maximize and accentuate building frontages and front yards and

minimize the number of curb cuts. Shared driveways between two properties shall be

encouraged. b) Loading and service areas generally shall be located in the interior of a

development block, at the rear of building, where possible. Enclosed loading and

servicing areas shall be encouraged. Where loading and servicing is visible at the rear or

side of a building, it shall be screened. c) Parking for apartment dwellings, including

visitor parking, generally shall be located in underground or above-ground structures or

surface parking lots at the rear of the building, unless other arrangements for off-site

parking have been made to the City’s satisfaction. e) Generally no parking shall be

permitted between the front of a building and the street to help create pedestrian-

oriented streetscapes (Section 11.1.7.2.4).



City of Guelph


According to Section 11.1.8.4.1 of the Downtown Secondary Plan, in areas with

maximum height limits of 8 storeys, 10 storeys or 12 storeys (such as the subject lands)

the City may permit a maximum of two (2) additional storeys of height above the

identified maximum and/or additional density (i.e. Floor Space Index) where such

development provides public benefits beyond what would otherwise be required by the

Downtown Secondary Plan in accordance with the Planning Act, and provided the

proposed increase: a) is consistent with the principles, objectives and policies of the

Downtown Secondary Plan; b) is compatible with the surrounding area; c) provides

community benefits consistent with the Downtown Secondary Plan above and beyond

those that would otherwise be provided under the provisions of the Planning Act,

Development Charges Act, or other statute; and d) provides community benefits

consistent with the Downtown Secondary Plan that bear a reasonable planning

relationship to the increase in height and/or density including, at a minimum, having a

geographic relationship to the development and addressing the planning issues

associated with the development.

Priority community benefits considered appropriate for the application of increased

height and density in Downtown may include, but are not limited to: a) Contributions to

riverfront parkland acquisition and development; b) The provision of public art; c) The

provision of public parking; d) The provision of housing that is affordable to low and

moderate income households, special needs housing or social housing; e) The adaptive

re-use of cultural heritage resources within the Heritage Register; f) The provision of

buildings that incorporate sustainable design features; and g) The provision of energy

and/or water conservation measures that support the objectives of the Community

Energy Plan (Section 11.1.8.4.2).

Increases to height and/or density shall only be considered where the proposed

development can be accommodated by existing or improved infrastructure. Planning

studies may be required to address infrastructure capacity for the proposed development

and any impacts on the surrounding area (Section 11.1.8.4.3).

2.5 CITY OF GUELPH ZONING BY-LAW NO. (1995) – 14864

The City of Guelph is currently updating the Downtown Zoning By-law regulations and

reviewing downtown commercial zones in order to support the vision of Downtown

Guelph; align the existing Zoning By-law with the Downtown Secondary Plan; and,



City of Guelph


support appropriate development in line with the Downtown Secondary Plan. In the

meantime, Zoning By-law No. (1995) – 14864 remains in effect.

Map 36 of Zoning By-law No. (1995) – 14864 shows the subject lands to be zoned

Central Business District CBD.1 (see Figure 8).

The Central Business District CBD.1 Zone permits dwelling units with permitted

commercial uses in the same building (i.e. a mixed use building) but does not list

dwelling units within a purely residential building (i.e. an apartment building) as a

permitted use.

A maximum building height of 6-storeys, and a maximum building coverage of 100% is

permitted on the subject lands. The minimum front yard setback on the subject lands

shall be the street line.

There is no minimum lot area, minimum lot frontage, minimum side and rear yards, off-

street parking and loading, fences and buffer strips regulations listed for sites in the

CBD.1 Zone.



City of Guelph


Under the City of Guelph Zoning By-law No. (1995) – 14864, as amended:

"Apartment Building" means a Building consisting of 3 or more Dwelling Units,

where access to each unit is obtained through a common entrance or entrances

from the Street level and subsequently through a common hall or halls, but does

not include a Maisonette Building;

"Dwelling Unit" means a room or group of rooms occupied or designed to be

occupied exclusively as an independent and separate self-contained

housekeeping unit including a house;

"Front Yard" means a Yard that extends across the full width of a Lot measured

at right angles to the Front Lot Line and extends back to the nearest foundation

wall of the Main Building facing the Street;

"Front Lot Line" means the Lot Line abutting a Street Line or, where the Lot Line

abuts two or more Street Lines, the shorter of the two lines; and

"Parking Area" includes a Parking Aisle and Parking Space, but does not include

any part of a Street.



City of Guelph


3.0 PROPOSED ZONING BY-LAW AMENDMENT

3.1 PROPOSED ZONING BY-LAW AMENDMENT

A Zoning By-law Amendment is required for the subject lands to a site specific CBD.1

zone that adequately addresses the requirements of the proposed development while

implementing the policies of the City of Guelph Official Plan.

Consequently, the application proposes to rezone the subject lands from CBD.1 to

CBD.1-__ with site specific regulations.

The draft wording for the Zoning By-law has been prepared to be submitted with the

application. On a preliminary basis, the site specific regulations (to be confirmed subject

to a review of the preliminary site concept plan by City Staff and through the approvals

process) are as follows:

Add “Apartment Building” as a permitted use;

A maximum building height of 14 storeys,

A building that intersects the angular planes from the streets i.e. Yarmouth and

Baker; and

A minimum of sixty-nine (69) on-site off-street parking spaces for the proposed

Apartment Building.



City of Guelph


4.0 PLANNING ANALYSIS

4.1 PROVINCIAL POLICY STATEMENT

The proposed development is consistent with the PPS as follows:

The proposed development will assist in achieving the Province’s policy direction

of promoting efficient development and land use patterns that sustain the

financial well-being of the Province and the City of Guelph over the long term

(Section 1.1.1.a);

The proposed development will assist the City of Guelph in meeting the long-

term needs for residential uses (Section 1.1.1.b);

The proposal provides for cost-effective development standards that minimize

land consumption and reduce servicing costs (Section 1.1.1.e);

The proposed development of the subject lands represents intensification within

a previously developed area to assist the City of Guelph in meeting long-term

needs (Section 1.1.2);

The subject lands are located in an area that has sufficient existing infrastructure

(Section 1.1.3.2.a);

The proposed development within the designated growth area provides for the

efficient use of land, infrastructure and public service facilities (Section 1.1.3.6);

and

The proposal contributes to achieving an appropriate range of housing types and

densities to help the City of Guelph meet projected requirements for current and

future residents (Section 1.4.3).

4.2 GROWTH PLAN

The proposed Zoning By-law Amendment conforms with the Growth Plan and the goal to

build compact, vibrant and complete communities under the Managing Growth policies,

including:

Focusing intensification in Intensification Areas (Section 2.2.2.1.b);



City of Guelph


The proposed development helps deliver the concept of complete communities,

by supporting the provision of a range and mix of housing types (Section

2.2.2.1.h);

The proposed additional 89 residential dwellings will help the City of Guelph

achieve their minimum gross density target for the Downtown Guelph (Section

2.2.4.5.c); and

The subject lands are located with an Urban Growth Centre, which is a key focus

for development to accommodate intensification (Section 2.2.3.6.e).

4.3 CITY OF GUELPH OFFICIAL PLAN

The proposed development is consistent with the policies of the City of Guelph Official

Plan, and, in particular, the Downtown Secondary Plan, as outlined in Section 2.4, as

follows:

The proposed apartment building development is permitted by the Mixed Use 1

Area designation;

The proposed development achieves the required minimum Floor Space Index

(FSI) of 1.5 in the Mixed Use 1 Area designation;

The proposed building is built on the front and rear property lines to help frame

and animate adjacent streets;

The proposed building is stepped back above the lower levels on both Yarmouth

Street and Baker Street to help respect the historic character of Downtown and

help achieve a human-scale pedestrian realm;

The proposed building has detailed and well-articulated street level facades and

will be constructed of high-quality materials to reflect the site’s urban context;

The proposed development has been designed to relate to and be compatible

with the general scale, massing, rhythm and detail of the exterior architectural

elements of the heritage property immediately to the south at 37 Yarmouth

Street, as confirmed by the Urban Design Brief Prepared by Turner Fleischer

Architects Inc.;

The proposed building does not interfere with the views to the Church of Our

Lady Immaculate;

The proposed development conforms to the Urban Design and Built Form

policies by redeveloping and intensifying an existing under-utilized accessible



City of Guelph


Downtown site with a residential building which helps provide a variety of

apartment types (including one- and two-bedroom units) in the Downtown Area

and delivers a high-quality, enhanced pedestrian-orientated public realm along

Yarmouth Street and Baker Street;

The development is located, organized and massed to fit with its existing and

planned urban context, with minimal impact on surrounding properties. It will

improve the safety (through increased passive surveillance from the proposed

residential apartments) and the attractiveness of adjacent streets through well-

articulated building facades;

The development will re-establish and reinforce the existing streetwall condition

on Yarmouth Street and Baker Street and will provide an appropriate pedestrian

scale;

The proposed development conforms with the general policies respecting

parking, loading and servicing in the Guelph Downtown Area by generally

providing at-grade parking and internalized servicing areas and underground on-

site parking areas; and

The height of the proposed 14-storey development which includes two storeys

above the normal maximum height limit of 12 storeys, is consistent with the

principles, objectives and bonusing policies of the Downtown Secondary Plan

and is compatible with the surrounding area (as outlined above). In addition, the

development will provide related priority community benefit/s, which will be

determined in consultation with City of Guelph Staff through the development

application review process.

4.4 ZONING BY-LAW NO. (1995 – 14864), AS AMENDED

While the proposed development is generally in keeping with the existing CBD.1 Zoning

(see Section 2.5), it is recognized that this existing zoning does not fully implement the

Official Plan as amended by OPA 43.

4.4.1 Permitted Uses

The proposed development is best defined under the Zoning By-law as an Apartment

Building, which means a building consisting of 3 or more dwelling units, where access to

each unit is obtained through a common entrance or entrances from the street level and



City of Guelph


subsequently through a common hall or halls, but does not include a maisonette

building.

Section 6.3.1.1 of the Zoning By-law lists an extensive range of residential and

commercial permitted uses within the Central Business District (CBD) 1 Zone. While

Apartment Building is not specifically listed as a permitted use it should be noted that

“Dwelling Units with permitted commercial uses in the same building” (i.e. a mixed-use

building) is listed as a permitted use within the CBD.1 Zone.

We are of the opinion that the proposed Apartment Building is the type of development

that is envisioned for the Guelph Downtown Area, which includes the subject lands. As

outlined above, the proposed development is consistent with Provincial and municipal

policies, which encourage residential development within the Guelph Downtown Area,

and therefore is considered to be an appropriate basis for the Zoning By-law

Amendment.

4.4.2 Building Height and Angular Planes

The current Zoning By-law contains certain older regulations which conflict with the

approved policies of the Downtown Secondary Plan.

For example, Section 6.3.2.3.1 of the Zoning By-law states that no part of any building of

structure constructed within 15 metres of the street allowance on the east side of

Yarmouth Street (such as the subject lands) shall be less than 3 storeys in height, or

exceed 5 storeys in height above the elevation of the adjacent sidewalk.

In addition, Table 6.3.2 of the Zoning By-law outlines the regulations governing Central

Business District (CBD) Zone, including CBD.1, and states that the maximum building

height in the CBD.1 Zone is 6 storeys and in accordance with Section 6.3.2.3 (Building

Height – CBD.1 Zone, see the above discussion), Section 4.16 (Angular Planes, see

below) and 4.18 (Height Restrictions).

Section 4.16 of the Zoning By-law states that angular planes (i.e. an imaginary 45

degree inclined plane rising over the lot measured from the centerline of the abutting

street) will also be required in determining maximum height. In this case, the angular

plane would be applied from both Yarmouth Street and Baker Street, and would prevent

even a 6 storey building from being built.



City of Guelph


It is our submission that the proposed fourteen (14) storey building is of a height, scale

and massing that is consistent with the City’s anticipated development parameters and

policies for this Downtown Area. Schedule D: Building Heights of the Downtown

Secondary Plan identifies the subject lands for a building height range of 4 to 12 storeys

(see Figure 7 above). Also, Section 11.1.8.4.1 of the Downtown Secondary Plan states

that in areas with normal maximum height limits of 12 storeys (such as the subject lands)

the City may permit a maximum of two (2) additional storeys of height above the

identified maximum.

Moreover, as confirmed in the Urban Design Brief prepare by Turner Fleischer Architects

Inc. the proposed development is of a compatible bulk and scale with the surrounding

buildings, including the 9-storey mixed-use abutting to the north at 55 Yarmouth Street

and the 13-storey mixed-use building further to the south on the same side of Yarmouth

Street, and appropriate separation will be achieved for future residents of the

development and for adjacent existing residents with minimal impacts.

Furthermore, Shadow Diagrams were prepared by Turner Fleischer Architects Inc. for

the subject lands which confirm that the proposed building minimizes overshadowing

and maintains reasonable access to sunlight from 9 a.m. through 3 p.m., during the

spring to fall equinox (i.e. March 21st to September 21st) on adjacent properties.

4.4.3 Number of Parking Spaces

Table 6.3.2 of the Zoning By-law outlines the regulations governing the Central Business

District (CBD) Zone, including CBD.1, but does not list a regulation for off-street parking.

Section 4.13.4 of the Zoning By-law states that the minimum required parking spaces for

an Apartment Building (in any part of the City) is 1.5 spaces for the first 20 units, 1.25

spaces for each unit in excess of 20 units.

The proposed development includes a total of eighty-nine (89) dwelling units, which

would require a minimum of one hundred and sixteen (116) parking spaces (i.e. (20 units

x 1.5 = 30 spaces) + (69 units x 1.25 = 86.25 spaces)). This general requirement does

not reflect the walkability of the Downtown, or the increased accessibility by transit and

active transportation to a range of services and amenities.



City of Guelph


As mentioned, the CBD.1 Zone does not list Apartment Buildings as permitted uses but

does permit “Dwelling Units with permitted commercial uses in the same building” (i.e. a

mixed-use building). In Section 4.15.2.4 and Section 6.3.2.1.2 of the Zoning By-law, one

parking space per dwelling unit shall be provided for mixed use buildings in the CBD.1

Zone.

A breakdown of the parking numbers/locations for the proposed development is provided

in the following table:

Location of parking spaces Number of parking spaces proposed

Underground parking garage (accessed from Baker Street)

62

At grade spaces for residents of proposed development (accessed from Baker St)

7

Total on-site spaces for residents of the proposed development

69

Off-site spaces for residents in the City’s Baker Street public parking lot

20

Total on-site and off-site spaces for the residents of the proposed development

89

At grade: spaces for residents of adjoining development at 55 Yarmouth Street (accessed from Yarmouth St)

12

As set out in the table above, a total of approximately eighty nine (89) spaces would be

available on- and off-site for the proposed development. In addition, as per the existing

arrangement on the subject lands, 12 spaces at-grade (nearest Yarmouth Street) are

provided for the exclusive use of the adjoining residential apartment building to the north

at 55 Yarmouth Street.

However, due to construction, design and economic constraints, it is not practical to

provide all the required parking spaces on the subject site.

The parking rate for a mixed-use building in the CBD.1 Zone (i.e. one parking space per

dwelling unit) is more appropriate for the proposed development than the Section 4.13.4

requirement. However, even this requirement may overstate the need for parking in the

Downtown. Nevertheless, it is the landowners desire to provide parking at a ratio of one

parking space per dwelling unit to ensure the marketability of the proposed development.



City of Guelph


It is generally accepted that developments in Downtown Areas close to public transit

(such as the proposed development on the subject lands) can seek relief from the

minimum required parking standards.

4.4.4 Location of parking spaces

According to Section 4.13.1 of the Zoning By-law, every off-street parking area shall be

located on the same lot as the use requiring the parking.

To provide the desired level of parking for residents of the proposed development, sixty

nine (69) parking spaces are proposed to be constructed on-site; however an additional

twenty (20) parking spaces are anticipated to be allocated within the City’s Baker Street

public parking lot, initially as “overnight-only” spaces, but ultimately intended to be full

access spaces.

As mentioned, due to construction, design and economic constraints, it is not possible to

provide all the desired parking spaces on the subject lands. The availability of parking

area on-site is further constrained by the landowner having to provide 12 off-street

parking spaces for the adjoining residential apartment building to the north at 55

Yarmouth Street under the terms of an easement.

Given that the off-site spaces are to be located within an existing large public parking lot

located directly across from the subject lands, no significant impacts on the surrounding

area are anticipated, as generally concluded by the Traffic Impact Study prepared by

Paradigm Transportation Solutions Limited. In addition, if it is determined in the future

that some or all of these spaces are surplus to the needs of the residents of the

development, the number of spaces can easily be adjusted without the complication of

having built them as permanent spaces within the apartment development.

4.4.5 Zoning By-law Amendment

A Zoning By-law Amendment is required for the proposed 14-storey Apartment Building

on the subject lands, to include the following special provisions:

Apartment Buildings to be listed as permitted uses in the special CBD.1 Zone;

A building height of 14 storeys to be permitted (possibly through a bonus

provision in the By-law);



City of Guelph


The building to be exempted from the angular plane requirement for both

Yarmouth Street and Baker Street; and

A minimum of sixty-nine (69) on-site off-street parking spaces to be provided for

the proposed development.



City of Guelph


5.0 CONTEXTUAL ANALYSIS

Based on detailed analysis and supported by technical reports, it is concluded that the

proposed development is of an appropriate design and built form that is compatible with

the surrounding area and will not only respect but enhance the quality of the surrounding

area and wider Downtown area, as follows:

The proposal is of a height, scale, massing and density that is generally

consistent with the City’s anticipated development parameters for this Downtown

urban area;

The proposed development is of a scale compatible with the surrounding

buildings, including the 9-storey mixed-use building immediately to the north at

55 Yarmouth Street and the 13-storey mixed-use building further south on the

same side of Yarmouth Street;

The proposed development generally adheres to existing built form and

setbacks, and is consistent with the existing streetscape and design vernacular in

the neighbourhood, including that of the adjoining heritage building to the south,

as generally concluded in the Urban Design Brief prepared by Turner Fleischer

Architects Inc.;

The proposed development has good access to a wide range of Downtown

services and amenities;

The proposed development has good access to public transit, and to the Guelph

Train Station, which is within approximately 500 metres of the subject lands;

The proposed development provides adequate parking and loading

arrangements as generally concluded in the Traffic Impact Study prepared by

Paradigm Transportation Solutions Limited for the subject lands whereby the

proposed development will operate within the acceptable levels and that no

improvements at surrounding intersections are required.

An attractive high-quality development will be created on a currently underutilized

site, which will reinforce and enhance the character of the local community;

The development will support the functions of the Downtown area and will add

vitality to this part of the Downtown.



City of Guelph


The development will re-establish and reinforce the existing streetwall condition

on Yarmouth Street and Baker Street and will provide an appropriate pedestrian

scale; and

Appropriate separation will be achieved for future residents of the development

and for adjacent existing residents, with minimal impacts.

5.1 URBAN DESIGN BRIEF

The Urban Design Brief prepared by Turner Fleischer Architects Inc. for the subject

lands confirms that the proposed development is an appropriate response to the existing

and emerging context of the area.

5.2 SHADOW STUDY

Shadow Diagrams prepared by Turner Fleischer Architects Inc. for the subject lands

confirm that the proposed building minimizes overshadowing and maintains reasonable

access to sunlight from 9 a.m. through 3 p.m., during the spring to fall equinox (i.e.

March 21st to September 21st) on adjacent properties.

5.3 SERVICING

A Functional Servicing Brief and Site Servicing, Grading and Drainage Plan were

prepared by Land Development Solutions Engineering Inc. for the subject lands. The

Functional Servicing Brief presents a site servicing strategy for the proposed

development that addresses the requirements of the applicable regulatory agencies and

provides the basis for detailed servicing design with regard to stormwater, sanitary and

water.

5.4 TRAFFIC IMPACT STUDY

The Traffic Impact Study prepared by Paradigm Transportation Solutions Limited for the

subject lands concludes that the proposed development will operate within the

acceptable levels and that no improvements at surrounding intersections are required.



City of Guelph


5.5 ARCHEAOLOGICAL ASSESSMENT

A Stage 1 Archaeological Assessment was prepared by Stantec for the subject lands.

The Archaeological Assessment recommended that archaeological monitoring of the

study area be conducted during construction by a licensed consultant archaeologist to

monitor the exposure of any potential archaeological resources. In addition, the Stage 1

archaeological assessment resulted in the determination that no Stage 2 Archaeological

Assessment is required prior to construction.



City of Guelph


6.0 CONCLUSIONS

Given the findings of this report, it is concluded that the proposed rezoning of the subject

lands to permit the proposed 14-storey apartment building through a site specific CBD.1

exception (CBD.1-_) zone is appropriate. It is consistent with and conforms to applicable

provincial and municipal land use planning policy is in the public interest, and represents

good land use planning, as follows:

The proposed Zoning By-law Amendment is consistent with the Provincial Policy

Statement and conforms to the Growth Plan;

The proposed Zoning By-law Amendment is in conformity with the City of Guelph

Official Plan, and in particularly with the Downtown Secondary Plan, and it

satisfies the criteria for new Apartment Buildings in the Guelph Downtown Area;

The proposed development is permitted by the Official Plan Mixed Use 1 Area

designation. The proposed development is not expected to have impacts on the

surrounding land uses as outlined in the background studies filed in support of

the application;

An attractive high quality development will be created on a currently underutilized

site, which has good access to the facilities and services of the Downtown, and

to public transit;

The proposal is of a height, scale, massing and density that is consistent with the

City’s anticipated development parameters for this Downtown urban area;

The proposed development will reinforce and enhance the local community

character, while respecting its immediate context to create a quality living

environment, and will provide related priority community benefits, to be

determined in consultation with City of Guelph Staff through the development

application review process;

The proposed development generally adheres to existing built form and

setbacks, and is consistent with the existing streetscape and design vernacular in

the neighbourhood, including that of the adjoining heritage building to the south;

The development is sensitive to matters relating to overshadowing and

overlook/privacy for surrounding properties;

The Functional Servicing Brief prepared by Land Development Solutions

Engineering Inc. for the subject lands identifies that the site can be serviced

using existing infrastructure;



City of Guelph


The Traffic Impact Study prepared by Paradigm Transportation Solutions Limited

identifies that the proposed development will operate within the acceptable levels

and that no improvements at surrounding intersections are required; and

The Stage 1 Archaeological Assessment prepared by Stantec identifies that no

Stage 2 Archaeological Assessment is required prior to construction, and that

potential archaeological resources can be protected by archaeological monitoring

during construction.

planning justification report - city of...

Documents