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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
Ayerswood Development Corporation
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
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
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).
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 2
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;
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 3
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).
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 4
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.
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Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 5
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.
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 6
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.
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 7
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).
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 8
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
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 9
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).
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Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 10
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.
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 11
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).
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 12
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,
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 13
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.
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 14
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.
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 15
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.
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Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 16
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);
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Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 17
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
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City of Guelph
Zelinka Priamo Ltd. Page 18
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
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City of Guelph
Zelinka Priamo Ltd. Page 19
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.
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Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 20
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.
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 21
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.
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 22
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);
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 23
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.
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 24
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.
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 25
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.
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 26
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.
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 27
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;
Planning Justification Report February 3, 2016
Ayerswood Development Corporation
City of Guelph
Zelinka Priamo Ltd. Page 28
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.