planning justification report · planning justification report in support of a zoning by-law...

Planning Justification Report 51-53 College Avenue West, Guelph, ON

Prepared by:

AJ Lakatos Planning Consultant

47 Harcourt Drive, Guelph, ON, N1G 1J8

March 2019

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A.J. Lakatos Planning Consultant


Planning Justification Report

51-53 College Avenue West, Guelph, Ontario

1. Introduction

A.J. Lakatos Planning Consultant has been retained by Fabpiovesan Holdings Inc., to prepare a

Planning Justification Report in support of a Zoning By-law Amendment, for lands referred to as

51 and 53 College Avenue West in the City of Guelph, Ontario. The purpose of the Zoning By-law

Amendment is to rezone the subject lands from ‘Residential (R.1B) Zone’ to ‘Residential Semi-

Detached/Duplex (R.2) Zone’ to recognize the existing legal non-conforming semi-detached

dwelling and the existing non-complying zoning provisions.

1.1 Background

The subject lands are legally described as Part of Lot 8 of Registered Plan No. 283, municipally

referred to as 53 College Avenue West but historically referred to as 51 and 53 College Avenue

West (Refer to Figure 1). The subject lands are approximately 639.70 square metres (0.06ha)

with an approximate lot frontage of 17.07 metres. The property contains two (2) existing 2-storey

semi-detached dwellings known as 51 and 53 College Avenue West that have existed since the

neighbourhood was developed. The dwellings currently exist on one (1) land parcel and have

been updated with building additions at the rear of the existing buildings.

For context, the subject lands are surrounded by the following uses:

North: Low Density Residential (Single Detached Dwelling)

East: College Avenue, University of Guelph Campus

South: Low Density Residential (Single Detached Dwelling)

West: Low Density Residential (Single Detached Dwelling)

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Figure 1: Location of Subject Lands — 51 & 53 College Avenue West, City of Guelph

2. Proposed Development

The proposed Zoning By-law Amendment is to amend the City of Guelph Zoning By-law (1995) -

14864 to rezone of the subject lands from the existing ‘Single Detached (R.1B) Zone’ to

‘Residential Semi-Detached/Duplex (R.2-XX) Zone, Modified’ to facilitate a future Consent

application and to recognize and permit the existing semi-detached dwellings to bring the subject

lands into conformity with the Zoning By-law. Further, an accessory one-bedroom rental

apartment in each of the semi-detached dwellings is proposed. The existing driveway and parking

configuration will be maintained. A new lateral for sanitary services will be installed for No. 51.

The site-specific zoning is required to recognize the existing conditions of the site including a

reduced the front yard, side yard, landscaped area and off-street parking arrangements. Refer to

Section 3.5 for more details related to the requested reliefs. No other site alterations are proposed.

The future two (2) lots will comply to the required lot width and area that is required per the

Residential Semi-Detached/Duplex R.2 Zone (Refer to Appendix A for the proposed Site Plan).

2.1 Development Review Committee

On March 7th, 2018, the merits of the proposal were discussed at the Development Review

Committee with the Applicant’s Agent, Joe Lakatos of AJ Lakatos Planning Consultant and the

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City of Guelph Staff. A Planning Justification Report including the Draft Amending Zoning By-law

is required for the submission of the Zoning By-law Amendment (“ZBA”) application.

The ZBA will apply a site specific ‘Residential Semi-Detached/Duplex (R.2-XX) Zone’ to bring the

existing semi-detached dwelling into conformity with Zoning By-law 14864 and to facilitate a future

consent application to establish separate ownership of the dwellings.

3. Planning Framework

This section reviews the planning documents applicable to the subject lands, which includes the

Planning Act, Provincial Policy Statement, Places to Grow – Growth Plan for the Greater Golden

Horseshoe, City of Guelph Official Plan, and the City of Guelph Zoning By-law (1995)-14864.

3.1 Provincial Policy Statement

The Provincial Policy Statement (“PPS”) came into effect on April 30th, 2014 as a policy-led

regulating document that provides direction on provincial interest related to managing land use

planning and development. The subject lands are located within an existing “Settlement Area”

known as Guelph. The proposal has been reviewed with respect to the Provincial Policy Statement

(PPS).

The following policies have been noted:

“1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development

and Land Use Patterns

1.1.1 Healthy, liveable and safe communities are sustained by:

b) accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs;

c) avoiding development and land use patterns which may cause environmental or public health and safety concerns;

g) ensuring that necessary infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities are or will be available to meet current and projected needs; and”

Planning_Response:

The proposed Zoning By-law Amendment will recognize an existing use that has historically

existed in the neighbourhood. The proposed accessory dwelling units will contribute to a compact

development in that they will provide affordable, rental housing. The proposal will not alter the

existing development and land use pattern of the neighbourhood and therefore public health and

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safety will be maintained. The subject lands have existing services and the servicing plan provides

evidence from the consulting engineer that required servicing installments are achievable.

“1.1.3 Settlement Areas

1.1.3.1 Settlement areas shall be the focus of growth and development, and their vitality

and regeneration shall be promoted.

1.1.3.2 Land use patterns within Settlement areas shall be based on:

b) a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated.

1.1.3.3 Planning authorities shall identify appropriate locations and promote opportunities

for intensification and redevelopment where this can be accommodated taking into

account existing building stock or areas, including brownfield sites, and the

availability of suitable existing or planned infrastructure and public service facilities

required to accommodate projected needs.

Intensification and redevelopment shall be directed in accordance with the policies

of Section 2: Wise Use and Management of Resources and Section 3: Protecting

Public Health and Safety.

1.1.3.4 Appropriate development standards should be promoted which facilitate

intensification, redevelopment and compact form, while avoiding or mitigating risks

to public health and safety.

1.1.3.6 New development taking place in designated growth areas should occur adjacent

to the existing built-up area and shall have a compact form, mix of uses and

densities that allow for the efficient use of land, infrastructure and public service

facilities.”

Planning_Response:

The proposal will bring an existing use into conformity with existing planning policies within a

stable neighbourhood in an existing settlement area, known as Guelph. The subject lands provide

appropriate residential intensification in a manner that respects the existing neighbourhood

character, provides rental units into the market and can be supported by existing infrastructure.

Development standards, such as zoning regulations, are proposed to be modified to recognize

the built-form and setting of the existing buildings.

“1.4 Housing

1.4.1 To provide for an appropriate range and mix of housing types and densities

required to meet projected requirements of current and future residents of the

regional market area, planning authorities shall:

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a) maintain at all times the ability to accommodate residential growth for a

minimum of 10 years through residential intensification and redevelopment and, if necessary, lands which are designated and available for residential development; and

b) maintain at all times where new development is to occur, land with servicing capacity sufficient to provide at least a three-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans.

Planning Response: The subject lands are adjacent to the University of Guelph campus which has students enrolled

who require residence and rental units. The proposal will bring existing dwellings currently used

for rental into conformity with the Zoning By-law and will allow for an additional two (2) rental units

within the existing building footprint. The proposed ZBA will facilitate a development that will not

impact future residential growth. The subject lands are currently supplied by existing services and

new services for No. 53 will be installed to ensure both properties function independently.

“1.8 Energy Conservation, Air Quality and Climate Change

“1.8.1. Planning authorities shall support energy efficiency and improved air quality

through land use and development patterns which:

a) Promote compact form and a structure of nodes and corridors.

b) Promote the use of public transit and other alternative modes in and between residential, employment (including commercial, industrial and institutional uses) and other areas where these exist or are to be developed.

e) Improve the mix of employment and housing uses to shorten the commute journeys and decrease transportation congestion.”

Planning Response: The ZBA will promote energy efficiency by maximizing the interior space of two (2) existing semi-

detached dwellings by providing for two (2) accessory dwelling units within walking distance the

University of Guelph.

Overall Consistency with the PPS

The proposal will bring an existing residential use into conformity with the local Zoning By-law

and apply modified development standards in addition to contributing to an appropriate amount

of residential intensification by facilitating the permissions of an accessory dwelling units within

walking distance to the university and other destinations.

The proposed is consistent with the Provincial Policy Statement, 2014.

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3.2 Growth Plan for Greater Golden Horseshoe (2017)

The Places to Grow - Growth Plan for the Greater Horseshoe is a comprehensive strategy that

works with municipal plans to encourage complete communities, manage growth patterns,

maximize land use policy and manage quality of life.

The Plan directs new growth to the built-up areas of the City through intensification and to areas

which offer full municipal services, and places responsibility to municipalities to develop policies

and phasing strategies to achieve new residential units within built up areas that respect and

compliment the communities’ character. The policies and targets of this Plan represent minimum

standards.

The following objectives and policies of the Growth Plan were examined:

“2.2.1 Managing Growth

2. Forecasted growth to the horizon of this Plan will be allocated based on the following:

a) the vast majority of growth will be directed to settlement areas that:

i. have a delineated built boundary;

ii. have existing or planned municipal water and wastewater systems; and

iii. can support the achievement of complete communities;

1. within settlement areas, growth will be focused in:

i. delineated built-up areas;

ii. strategic growth areas;

iii. locations with existing or planned transit, with a priority on higher order transit

where it exists or is planned; and

iv. areas with existing or planned public service facilities;

2. development will be directed to settlement areas, except where the policies of this Plan

permit otherwise;

3. development will be generally directed away from hazardous lands; and

4. the establishment of new settlement areas is prohibited.

4. Applying the policies of this Plan will support the achievement of complete communities

that:

a) feature a diverse mix of land uses, including residential and employment uses, and

convenient access to local stores, services, and public service facilities;

b) improve social equity and overall quality of life, including human health, for people of

all ages, abilities, and incomes;

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c) provide a diverse range and mix of housing options, including second units and

affordable housing, to accommodate people at all stages of life, and to accommodate

the needs of all household sizes and incomes;

d) expand convenient access to:

i. a range of transportation options, including options for the safe, comfortable

and convenient use of active transportation;

ii. public service facilities, co-located and integrated in community hubs;

iii. an appropriate supply of safe, publicly-accessible open spaces, parks, trails,

and other recreational facilities; and

iv. healthy, local, and affordable food options, including through urban agriculture;

e) ensure the development of high quality compact built form, an attractive and vibrant

public realm, including public open spaces, through site design and urban design

standards;

f) mitigate and adapt to climate change impacts, build resilience, reduce greenhouse gas

emissions, and contribute towards the achievement of low-carbon communities; and

g) integrate green infrastructure and low impact development.”

Planning_Response:

The subject lands are within the delineated built up boundary of the City of Guelph. The proposal

adds to the City’s rental market, adding two (2) more rentals in addition to the existing rental units

within the existing semi-detached dwellings. The dwellings are serviced by existing infrastructure

and the two (2) accessory units will not negatively impact the City’s engineering capacities. The

subject lands are within walking distance to multiple conveniences. The proposal will not change

the existing built-form that makes up the streetscape found within the neighbourhood.

Overall Consistency with the Growth Plan

The subject lands are within a built-up area of the City of Guelph, and the proposal will not impact

the existing character or function of the neighbourhood as no changes are proposed to the front

of the existing dwellings. The ZBA will allow for legal second units in each of the semi-detached

dwellings as they will become two (2) registered lots that will be serviced by existing municipal

infrastructure.

The proposal conforms with the Places to Grow: Growth Plan for the Greater Golden Horseshoe.

3.3 Greenbelt Plan

The subject land is within a Settlement Area outside of the “Greenbelt”.

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3.4 The City of Guelph Official Plan

The City of Guelph Official Plan (“OP”) was declared in force and effect, in parts, as of March 1,

2018. The OP outlines the land use goals, objectives and policies that the municipality has

determined are in the best interest of the long-term growth of the City.

The subject lands are designated Low Density Residential on Schedule 2 – Land Use Plan of the

OP.

Applicable policies have been reviewed below:

9.2.3 Accessory Apartments

1. The City shall provide for the creation of accessory apartments in low density residential

designations.

2. The Zoning By-law will provide specific regulations for accessory apartments.

Planning Comment

The subject lands are within the low-density residential designation. The proposed ZBA will

facilitate the legal establishment of accessory apartments in each of the existing semi-detached

dwellings. The accessory apartments will comply with the Zoning By-law. For more detailed

information regarding the zoning, refer to Section 3.5.

9.3.2 Low Density Residential

This designation applies to residential areas within the built-up area of the city which are currently

predominantly low-density in character. The predominant land use in this designation shall be

residential.

Permitted Uses

1. The following uses may be permitted subject to the applicable provisions of this Plan:

i. detached, semi-detached and duplex dwellings; and

ii. multiple unit residential buildings, such as townhouses and apartments.

Height and Density

The built-up area is intended to provide for development that is compatible with existing

neighbourhoods while also accommodating appropriate intensification to meet the overall

intensification target for the built-up area as set out in Chapter 3.

The following height and density policies apply within this designation:

2. The maximum height shall be three (3) storeys.

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3. The maximum net density is 35 units per hectare and not less than a minimum net density of

15 units per hectare.

4. Notwithstanding policies 9.3.2.2 and 9.3.2.3, increased height and density may be permitted

for development proposals on arterial and collector roads without an amendment to this Plan

up to a maximum height of six (6) storeys and a maximum net density of 100 units per hectare

in accordance with the Height and Density Bonus policies of this Plan.

Planning Comment:

The subject lands are designated ‘Low Density Residential’ and contain two (2) existing semi-

detached dwellings. The proposal includes the future consent of the subject lands to recognize

separate ownership of the dwellings and legal second units within the existing building footprint.

The existing height of 2-storeys will be maintained. The density of subject lands will be maintained,

being 33 units per hectare with the second unit not contributing to the density.

The proposal conforms to the City of Guelph Official Plan.

3.5 The City of Guelph Zoning By-law (1995) - 14846

The City of Guelph Zoning By-law (1995) – 14846, as amended, has been in force and effect as

of August 29, 1997. The subject lands are currently zoned ‘Residential Single Detached (R.1)

Zone’. Given that the proposal is to facilitate a future Consent application to recognize separate

ownership, a Zoning By-law Amendment (“ZBA”) is required to bring the subject lands into

conformity. The ZBA application proposes to rezone the subject lands to ‘Residential Semi-

Detached/Duplex (R.2) Zone’ to recognize the existing semi-detached dwellings. Refer to

Appendix B for Draft Amending Zoning By-law.

Required modifications include a reduction to the side yard setback and front yard setback as well

as changes to the required off-street parking provisions as follows:

Minimum Front Yard Setback

The City of Guelph Zoning By-law 14846 ‘Residential Semi-Detached/Duplex (R.2) Zone’ sets a

minimum front yard setback of 6 metres whereas a minimum front yard setback of 0.35 metres is

requested. Currently, the existing built form of the site provides a front yard setback of 4.14 metres

and 4.20 metres at No. 51 and No. 53, respectively. However, due to the proposed Consent (per

policy 5.13 of the Official Plan), the City will acquire a planned right-of-way widening of 3.78

metres. The required road widening will consequently reduce the front yard setback to 0.36 and

0.41 metres for No. 51 and No. 53, respectively. The proposed front yard setback is consistent

with the existing setbacks present on College Avenue West and it will not negatively impact the

function of the site or the streetscape.

Note that if the City does not assume the road widening, a site-specific front yard setback of 4.10

metres is requested to recognize the existing front yard setbacks.

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Minimum Side Yard Setback

The City of Guelph Zoning By-law’ Residential Semi-Detached/ Duplex (R.2) Zone’ sets a

minimum side yard setback of 3.0 metres whereas a minimum side yard setback of 2.5 metres is

requested for the most easterly side lot line. The proposed reduction is to recognize the existing

building and site condition and it is not in result of new development. A 2.5 metre minimum side

yard has been proven to function and provide adequate landscape space between the subject

lands and the adjacent properties.

Minimum Landscaped Open Space

The City of Guelph Zoning By-law Table 5.2.2 Row 15 requires a minimum Landscaped Open

Space of 0.6 metres wide between a residential driveway and any nearest lot line whereas a 0.0

metre wide Landscaped Open Space is requested. Due to the existing setbacks on the subject

lands, specifically the side yard from the easterly lot line to dwelling No. 51, there is not enough

space to accommodate the 0.6 metre landscape space and a parking space that is safe and

functional. However, the subject lands and existing development provides adequate open space

throughout the properties that provides permeable surface cover and outdoor amenity space.

Minimum Parking Space Distance from a Street Line

The City of Guelph Zoning By-law Section 4.13.2.1 sets a minimum distance of 6 metres for a

Parking Space from a Street Line and to the rear of the front wall of the main Building. It is

requested that this provision shall not apply, as the existing and historical function of the parking

arrangement provides for parking less than 6 metres from the Street Line. Further, the required

road widening will move the Street Line further into the property. To accommodate the required 3

Parking Spaces for a Semi-Detached Dwelling with an Accessory Unit, the parking spaces will

need to encroach into the front yard.

Minimum Driveway Width

The City of Guelph Zoning By-law Section 4.13.7.2.7 requires a minimum driveway width of 3.0

metres, whereas a 2.5 metre minimum driveway width is requested to accommodate the existing

driveway of dwelling No. 51. The most easterly property line tapers inward, thus reducing the

driveway width. The entrance of the driveway is 3.0 metres and is functional, providing a safe

ingress and egress to the driveway. The 2.5 metre width is able to accommodate a vehicle and

provides door clearance for entry and exit of the car.

Overall, the proposed site-specific provisions meet the intent of the Residential Semi-

Detached/Duplex (R.2) Zone and therefore the proposal will comply with City of Guelph Zoning

By-law (1995) 14846, if the Zoning By-law Amendment is approved.

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4.0 Planning Rationale

The proposed Zoning By-law Amendment has merit and can be supported for the following

reasons:

1. The proposal is consistent with the Provincial Policy Statement and the Places to Grow Growth

Plan which encourages efficient development and intensification within “Settlement Areas”

and “Urban Areas”, adjacent to existing development;

2. The proposal conforms to the City of Guelph Official Plan which encourages compact

residential development and intensification within areas that have existing full municipal

services and permits low density development;

3. The subject lands are occupied with an existing semi-detached dwelling and therefore the

ZBA will bring the subject lands into conformity with the local planning policies while

simultaneously legally accommodating secondary units for rental; and

4. The proposed development is in proximity to a major Guelph landmark, being the University

of Guelph and public transit to meet the needs of the current and future residents.

5.0 Conclusion

In summary, implementation of the proposal and associated amendment to the City of Guelph

Zoning By-law (1995) - 14846 is appropriate, desirable, and reflects good land use planning for

the subject lands.

Respectfully Submitted,


Mr. Joe Lakatos MCIP, RPP



Appendix “A” Site Plan



Appendix “B” Draft Amending Zoning By-law



THE CORPORATION OF THE CITY OF GUELPH

WHEREAS Section 34(1) of the Planning Act, R.S.O. 1990, c.P.13, as amended, authorizes the

Council of a Municipality to enact Zoning By-laws;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF GUELPH

ENACTS AS FOLLOWS:

1. By-law Number (1995)-14864, as amended is hereby further amended by transferring the

property legally described as Part of Lot 8 of Registered Plan No. 283, City of Guelph,

municipally known as 53 College Avenue West from the existing R.1B (Single Detached

Residential) Zone to an ‘R.2-XX’ (Semi-Detached/Duplex) Zone to bring the existing Semi-

Detached dwellings into conformity with the Zoning By-law (1995)-14864.

2. Section 5.2.3.1 of By-law (1995)-14864, as amended, is hereby further amended by adding

the following new subsection 5.2.3.1.XX:

5.2.XX R.2-XX

53 College Avenue West

As shown on Defined Area Map Number XX of Schedule “A” of this By-law.

5.2.2.XX Regulations

In accordance with the provisions of Section 4 (General Provisions), Section 5.2

(Residential Semi-Detached/Duplex) of Zoning By-law (1995)-14864, as

amended, with the following exceptions and additions:

5.2.2.1.XX. Front Yard

Despite Section 5.2.2, Table 5.2.2 Row 5 and Section 4 of the By-law, the minimum

front yard shall be 0.35 metres.

By-law Number (20__) - ________

A by-law to amend By-law Number (1995)-

14864, as amended, known as the Zoning

By-law for the City of Guelph as it affects

the property municipally known as 51 and

53 College Avenue West and legally

described as Part of Lot 8 of Registered

Plan No. 283 , City of Guelph (File:______)



5.2.2.1.XX Side Yard

Despite Section 5.2.2, Table 5.2.2 Row 5 and Section 4 of the By-law, the

minimum interior side yard shall be 2.5 metres from the most easterly lot

line; except where there is a common dwelling wall.

5.2.2.1.XX Landscaped Open Space

Despite Section 5.2.2, Table 5.2.2 Row 15 and Section 4 of the By-law, the

minimum Landscaped Open Space shall be 0.0 metres between the

driveway and nearest lot line.

4.13 OFF-STREET PARKING

4.13.2.1.XX Despite Section 4.13.2.1 of the By-law, required parking shall be located

0.35 metres from the street line (after road widening dedication) and to the

rear of the front wall of the main building.

4.13.7.2.7.XX Despite Section 4.13 of the By-law, Every Driveway (Residential)

associated with such Parking Spaces shall have a minimum width of 2.5

metres.

4.15 RESIDENTIAL INTENSIFICATION

4.15.4.1.4.1.XX Notwithstanding 4.15.14.1 and 4.13.2.1 and 4.13.3.1 the required off-street

parking for an accessory apartment may be stacked behind the required

off-street parking space of the host dwelling in the driveway. A maximum of

three parking spaces are permitted in a stacked arrangement.

3. Schedule “A” of By-law Number (1995)-14864, as amended, is hereby further amended by

deleting Defined Area Map __ and substituting therefore new Defined Area Map __ attached

hereto as Schedule “A”.

4. Where notice of this by-law is given in accordance with the Planning Act and where no notice

of objection has been filed within the time prescribed by the regulations, this by-law shall come

into effect. Notwithstanding the above, where notice of objection has been filed within the time

prescribed by the regulations, no part of this by-law shall come into effect unit all of such

appeals have been finally disposed of by the Local Planning Appeal Tribunal.

PASSED this ______ day of ________, 20__.



Appendix A

Katelyn Gillis

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