Infrastructure, Development and Enterprise Services

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1 Staff Report To Service Area City Council Infrastructure, Development and Enterprise Services Date Monday, September 10, 2018 Subject Report Number Decision Report 89 Beechwood Avenue Zoning By-law Amendment File: ZC1706 Ward 3 IDE Recommendation 1. That the application by MHBC Planning on behalf of the owner, 89 Beechwood Inc. to permit a residential townhouse development on the property municipally known as 89 Beechwood Avenue and legally described as Part of Lot 21, Concession Division A, Guelph Township as in Cs61764, City of Guelph, for approval of a Zoning By-law Amendment application to change the zoning on the site from the Commercial Recreation Park (P.5) Zone to a "Specialized Residential Townhouse with Holding Provisions" (R.3A-62(H)) Zone to permit the development of 23 residential townhouse units and to a "Specialized Community Park" (P.3-3) Zone, to recognize a portion of the existing City trail be approved in accordance with the zoning regulations and conditions in ATT-3 of the Infrastructure, Development and Enterprise Report IDE dated September 10, That in accordance with Section 34(17) of the Planning Act, City Council has determined that no further public notice is required related to the minor modifications to the proposed Zoning By-law Amendment affecting 89 Beechwood Avenue. Executive Summary Purpose of Report This report provides a staff recommendation to approve a Zoning By-law Amendment application with Holding provisions to permit the development of 23 residential townhouse units. Key Findings Planning staff support the proposed Zoning By-law Amendment subject to the zoning regulations and recommended conditions in ATT-3. Page 1 of 83

2 Financial Implications Estimated Development Charges: $518,167 based on 2018 rates in effect at the time of writing this report. Estimated Annual Taxes: $69,000 based on assumptions and information available at this time(this number may differ significantly from the final assessment). Report Background An application to amend the Zoning By-law was received for the property municipally known as 89 Beechwood Avenue from MHBC Planning on behalf of the owner, 89 Beechwood Inc. on July 10, 2017 and deemed to be complete on August 8, A Statutory Public meeting was held on September 11, The purpose of the original proposal was to change the zoning from Commercial Recreation Park (P.5) to a Specialized Residential Cluster Townhouse (R.3A-?) Zone to permit the development of 34 residential townhouse units. The original proposal included: Two three-storey back-to-back cluster and stacked townhouse buildings with one building, fronting onto Beechwood Avenue, containing 16 units, and, the second building at the west portion of the property containing 18 units; Unit sizes vary from 2 to 3 bedrooms; 12 stacked townhouse units (end units) and 22 cluster townhouse units; Inclusion of upper and lower terraces; An interior courtyard/mews connected by a series of walkways internal to the site; One level of underground parking (containing 54 resident spaces and 3 visitor spaces) and 4 visitor spaces located above ground; and, Driveway access onto Beechwood Avenue along the south side of the property. Following the September 11, 2017 Statutory Public Meeting, the applicant revised the concept to address substantial comments and concerns on the original proposal from City Council, members of the public, City departments and circulated agencies. On March 21, 2018, the applicant submitted a revised development proposal for the property. The revised development proposal includes 23 residential townhouse units, more specifically, the applicant is proposing: seven (7) two-storey on-street townhouse units fronting onto Beechwood Avenue; 16 three-storey stacked townhouse units at the rear of the property; two (2) off-street parking spaces are proposed for each on-street townhouse unit (1 in the garage and 1 on the driveway); 27 off-street parking spaces are proposed for the 16 stacked townhouse units; and, three (3) off-street visitor parking spaces are proposed. Page 2 of 83

3 Location The subject property is located on the west side of Beechwood Avenue, north or Waterloo Avenue (see ATT-1 - Location Map and ATT-2 - Orthophoto). The subject property has an area of 0.40 hectares (0.98 acres) and a frontage of 56 metres along Beechwood Avenue. The property is currently developed with a one-storey building and associated parking area that was previously used by the Optimist Club and is proposed to be demolished. Surrounding land uses include: To the north: Howitt Park, beyond which are single detached residential dwellings; To the south: property zoned P.5, beyond which is a vacant industrial building, and further beyond is a multi-residential building; To the east: Beechwood Avenue, beyond which are single detached residential dwellings; and, To the west: Howitt Park and Howitt Creek. Official Plan Land Use Designations and Policies The Official Plan land use designation that applies to the subject property is General Residential which permits a range of housing types including: single, semi-detached residential dwellings and multiple unit residential buildings. The relevant policies for the applicable land use designation are included in ATT-4 An analysis of how this application conforms to the 2001 Official Plan policies can be found in ATT-11 Staff Review and Planning Analysis. Official Plan Amendment #48 Land Use Designations and Policies Official Plan Amendment #48 (OPA 48), a comprehensive update to the City s Official Plan, designates the subject property as 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 is residential. Although the application is being processed under the 2001 Official Plan, staff must have regard to the Council adopted policies and designations of OPA 48. The land use designations and relevant policies contained in OPA 48 are included in ATT-5. A Decision and Order from the Ontario Municipal Board (OMB) on October 5, 2017 has brought OPA 48 into full force and effect with the exception of site specific policies and one policy that remains under appeal. The application, was received and deemed complete prior to OPA 48 coming into full force and effect, and is therefore being processed under the 2001 Official Plan. An analysis of how this application has had regard for OPA48 policies can be found in ATT-11 Staff Review and Planning Analysis. Existing Zoning The subject property is currently zoned Commercial Recreation Park (P.5), according to Zoning By-law (1995)-14864, as amended. Page 3 of 83

4 Details of the existing zoning are included in ATT-6. Description of Proposed Zoning By-law Amendment The purpose of the application is to change the zoning from the Commercial Recreation Park (P.5) Zone to a Specialized Residential Cluster Townhouse (R.3A-62) Zone and a Specialized Community Park" (P.3-3) Zone. In addition to the regulations set out in Section Residential Cluster Townhouse (R.3A) Zone of Zoning By-law (1995)-14864, as amended, the following specialized regulations have been requested by the applicant to facilitate this proposal: To permit a minimum landscaped open space of 38%, whereas a minimum of 40% is required; and, To permit a minimum side yard setback (on the north side of the property) of 3.0 metres, whereas a minimum side yard no closer than a distance equal to half of the building height and in no case less than 3.0 metres is required. In addition to the specialized regulations that the applicant has requested, staff are recommending the following additional specialized regulations: To permit On-Street Townhouses in the R.3A Zone; That a site-specific definition be added for On-Street Townhouse for this property to reflect the built form but also recognize that the On-Street Townhouse units will not be located on separate lots. For the purposes of this specialized zone, On-Street Townhouse means a Townhouse where each Dwelling Unit has independent driveway access onto a public street but is not located on a separate Lot; Minimum Lot Area Per Dwelling Unit and Minimum Lot Frontage do not apply to On-Street Townhouse uses; On-Street townhouses shall be limited in height to 2 storeys, whereas a maximum of 3 storeys is permitted in the residential townhouse zone; A maximum of 16 Stacked Townhouses and a maximum of 7 On-Street Townhouses shall be permitted in this zone; A maximum of 23 Dwelling Units shall be permitted in this zone; H Symbol to ensure that all required municipal site services adequate to accommodate the specific development are in place prior to the development of the lands occurring. The H (Holding) Symbol may be removed when the following condition has been met to the satisfaction of the City: Design and construction of a storm sewer on Beechwood Avenue, to the satisfaction of the City Engineer/General Manager of Engineering and Capital Infrastructure Services or upon the actual design and construction costs of these works being secured in a manner satisfactory to the City Engineer/General Manager. In addition to the above, staff are also recommending that the southerly portion of the existing City trail that encroaches onto the subject property be zoned Page 4 of 83

5 "Specialized Community Park" (P.3-3) to recognize the existing City trail that will be dedicated to the City prior to site plan approval. The proposed zoning and details are included in ATT-7. A full review and analysis of the proposed zoning and specialized zoning regulations can be found in ATT-11. Staff Review/Planning Analysis The staff review and planning analysis for this application is provided in ATT-11. The analysis addresses all relevant planning considerations, including the issues that were raised by Council and members of the public at the Statutory Public Meeting held on September 11, 2017 and additional Neighbourhood Meeting held on June 19, 2018 and all comments received from City departments, circulated Agencies and the public. Staff Recommendation The applicant has made a number of modifications to the proposed development in response to comments received since initially submitting the application. Additional and modified specialized zoning regulations are also being recommended that were not identified at the Statutory Public meeting or in the revised Public Notice, however, the modifications to the development layout and the addition of specialized zoning regulations are considered to be minor and therefore staff recommend that no further public notice is required in accordance with Section 34(17) of the Planning Act. Planning staff are satisfied that the proposed Zoning By-law Amendment is consistent with the Provincial Policy Statement and conforms to the 2017 Growth Plan for the Greater Golden Horseshoe. The proposed Zoning By-law Amendment conforms to the objectives and policies of the Official Plan and the specialized regulations proposed are appropriate for the site. Planning staff recommend that Council approve the Zoning By-law Amendment subject to the zoning regulations and proposed conditions of site plan approval outlined in ATT-3. Financial Implications Estimated Development Charges: $518,167 based on 2018 rates in effect at the time of writing this report. Estimated Annual Taxes: $69,000 based on assumptions and information available at this time (this number may differ significantly from the final assessment). Consultations The Notice of Complete Application and Public Meeting was mailed on August 14, 2017 to local boards and agencies, City service areas and property owners within 120 metres of the subject property. The Notice of Public Meeting was also Page 5 of 83

6 advertised in the Guelph Tribune on August 17, Notice of the application has also been provided by signage on the property. A Notice of Revised Application was mailed on April 17, 2018 to local boards and agencies, City service areas, property owners within 120 metres of the subject property and any other interested member of the public who requested further notifications on the application. Two informal Neighbourhood Meetings and Open Houses were held on December 6, 2017 and December 12, 2017 and a Neighbourhood Meeting was held on June 19, The Notice of Decision Meeting was sent to members of the public and parties that provided comments on the applications or requested to receive further notice. A Public Notification Summary is provided in ATT-15. Corporate Administrative Plan This report supports the following goals and work plans of the Corporate Administrative Plan ( ): Overarching Goals Service Excellence Service Area Operational Work Plans Our People- Building a great community together Attachments ATT-1 ATT-2 ATT-3 ATT-4 ATT-5 ATT-6 ATT-7 ATT-8 ATT-9 ATT-10 ATT-11 ATT-12 ATT-13 ATT-14 ATT-15 Location Map and 120m Circulation Orthophoto Recommended Zoning Regulations and Conditions 2001 Official Plan Land Use Designations and Policies Official Plan Amendment #48 Land Use Designations and Policies Existing Zoning Proposed Zoning and Details Original Proposed Development Plan and Building Elevations Revised Proposed Development Plan Revised Proposed Building Elevations Staff Review and Planning Analysis Departmental and Agency Comments Summary Scoped Hydrogeological Characterization Study Peer Review Community Energy Initiative Commitment Public Notification Summary Page 6 of 83

7 Departmental Approval Not applicable. Report Author Lindsay Sulatycki Senior Development Planner Approved By Chris DeVriendt Manager of Development Planning for Approved By Recommended By Todd Salter Scott Stewart, C.E.T. General Manager Deputy CAO Planning, Urban Design, and Infrastructure, Development and Enterprise Building Services , ext , ext Page 7 of 83

8 ATT-1 Location Map and 120m Circulation Page 8 of 83

9 ATT-2 Orthophoto Page 9 of 83

10 ATT-3 Recommended Zoning Regulations and Conditions Part A: Zoning Regulations Proposed Zoning: Specialized Residential Cluster Townhouse with Holding Provisions (R.3A-62(H)) In addition to the regulations set out in Section Residential Cluster Townhouse (R.3A) Zone of Zoning By-law (1995)-14864, as amended, the following specialized regulations will apply: To permit a minimum landscaped open space of 38%, whereas a minimum of 40% is required; and, To permit a minimum side yard setback (on the north side of property) of 3.0 metres, whereas a minimum side yard no closer than a distance equal to half of the building height and in no case less than 3.0 metres is required. To permit On-Street Townhouses in the R.3A Zone; To add a site-specific definition for On-Street Townhouse in this specialized zone to reflect the proposed use but also recognize that the On-Street Townhouse units will not be located on separate lots. For the purposes of this specialized zone, On-Street Townhouse means a Townhouse where each Dwelling Unit has independent driveway access onto a public street but is not located on a separate Lot; Minimum Lot Area Per Dwelling Unit and Minimum Lot Frontage do not apply to On-Street Townhouse uses; On-Street townhouses shall be limited in height to 2 storeys; A maximum of 16 Stacked Townhouses and a maximum of 7 On-Street Townhouses shall be permitted in this zone; A maximum of 23 Dwelling Units shall be permitted in this zone; H Symbol to ensure that all required municipal site services adequate to accommodate the specific development are in place prior to the development of the lands occurring. The H (Holding) Symbol may be removed when the following condition has been met to the satisfaction of the City: Design and construction of a storm sewer on Beechwood Avenue, to the satisfaction of the City Engineer/General Manager of Engineering and Capital Infrastructure Services or upon the actual design and construction costs of these works being secured in a manner satisfactory to the City Engineer/General Manager. Proposed Zoning: "Specialized Community Park" (P.3-3) Permitted uses: Recreation Trail Regulations: Table 9.2 of the Zoning By-law does not apply to this zone as the purpose of this specialized regulation is to recognize the existing City trail that will be dedicated to the City prior to site plan approval. Page 10 of 83

11 Part B: Proposed Conditions The following are provided as information to Council and will be imposed through a future Site Plan application and Site Plan Agreement registered on title: 1. That the Owner/Developer shall submit to the City, in accordance with Section 41 of The Planning Act, a fully detailed site plan, indicating the location of the buildings, building design, landscaping, parking, traffic circulation, access, lighting, grading and drainage on the said lands to the satisfaction of the General Manager of Planning, Urban Design and Building Services and the General Manager/City Engineer, prior to any construction or grading on the lands. a. Further, the Owner/Developer commits and agrees that the details of the layout and design for the development of the subject property shall be generally in conformance with the development plan shown in ATT-9 of the September 10, 2018 Infrastructure, Development and Enterprise Report IDE That the Owner/Developer shall obtain a Site Alteration Permit in accordance with City of Guelph By-law (2007) to the satisfaction of the City Engineer if grading/earthworks are to occur prior to the approval of the required engineering studies, plans and reports. 3. That the Owner/Developer shall prepare and implement a construction traffic access and control plan for all phases of servicing and building construction to the satisfaction of the City Engineer. Any costs related to the implementation of such a plan shall be borne by the Owner/Developer. 4. That prior to site plan approval and prior to any construction or grading on the lands, the Owner/Developer shall provide to the City, to the satisfaction of the General Manager/City Engineer, any of the following studies, plans and reports that may be requested by the General Manager/City Engineer: i) a functional servicing report; ii) a stormwater management report and plans certified by a Professional Engineer in accordance with the City s Guidelines and the latest edition of the Ministry of the Environment s "Stormwater Management Practices Planning and Design Manual" which addresses the quantity and quality of stormwater discharge from the site together with a monitoring and maintenance program for the stormwater management facility to be submitted. This stormwater management report is to demonstrate how the site will achieve a post-development groundwater recharge that is equal to the pre-development recharge. On-situ permeameter testing is required to confirm that the recharge can be achieved; iii) a geotechnical report certified by a Professional Engineer that analyzes the permeability and hydraulic conductivity of the soils and recommends measures to ensure that they are not diminished by the construction and development; and, Page 11 of 83

12 iv) a grading, drainage and servicing plan prepared by a Professional Engineer for the site and detailed erosion and sediment control plan, certified by a Professional Engineer that indicates the means whereby erosion will be minimized and sediment maintained on-site throughout grading and construction. 5. That the Owner/Developer shall, to the satisfaction of the General Manager/City Engineer, address and be responsible for adhering to all the recommended measures contained in the plans, studies and reports outlined in subsections 4 i) to 4 iv) inclusive. 6. That the Owner/Developer constructs the new buildings at such an elevation that the lowest level of the new buildings can be serviced with a gravity connection to the sanitary sewer. 7. That the Owner/Developer will ensure that any existing domestic wells as well as all boreholes and monitoring wells installed for environmental, hydrogeological or geotechnical investigations are properly decommissioned in accordance with current Ministry of the Environment regulations (O. Reg. 903 as amended) and to the satisfaction of the General Manager/City Engineer, prior to site plan approval and prior to any construction or grading on the lands. 8. That prior to site plan approval the Owner/Developer shall provide a copy of all subsequent investigation (i.e. Supplemental Phase Two ESAs, if required) remediation and/ or risk assessment beyond the Phase One and Two ESAs, completed in accordance with O. Reg. 153/04 (as amended) and shall provide a copy of the RSC and the RSC acknowledgement from the MOECC. 9. That the Owner/Developer acknowledges that the City does not allow retaining walls higher than 1.0-metre abutting existing residential properties without the permission of the General Manager/City Engineer. 10.That the Owner/Developer shall be responsible for the actual cost of any service laterals required for the lands and furthermore, prior to any grading or construction on the lands the Developer shall pay to the City, the estimated cost as determined by the General Manager/City Engineer of any service laterals. 11.That the Owner/Developer pay the actual cost of removing or decommissioning to the satisfaction of the General Manager/City Engineer, any existing sanitary sewers, storm sewers, manhole and/or watermains that are not going to be used for service laterals. Furthermore, prior any grading or construction on the lands, the Developer shall pay to the City, the estimated cost as determined by the General Manager/City Engineer of the Developer s share of the cost of the removals and decommissioning works. Page 12 of 83

13 12.That the Owner/Developer shall pay to the City the actual cost of the construction of the new driveway entrance and required curb cut and/or curb fill. Furthermore, prior to any grading or construction on the lands, the Developer shall pay to the City, the estimated cost as determined by the General Manager/City Engineer of the construction of the new driveway entrance and required curb cut and/or curb fill. 13. That the Owner/Developer shall pay the actual cost of the removal of the existing driveway entrance including the asphalt pavement and gravel within the road allowance, the restoration of the boulevard with topsoil and sod including the required curb fill, with the estimated cost of the works as determined by the General Manager/City Engineer being paid, prior to any grading or construction on the lands. 14.That the Owner/Developer shall be responsible for the cost of design and development of the demarcation of all lands conveyed to the City in accordance with the City of Guelph Property Demarcation Policy. This shall include the submission of drawings and the administration of the construction contract up to the end of the warrantee period completed by an Ontario Association of Landscape Architect (OALA) member for approval to the satisfaction of the Deputy CAO of Public Services. The Owner/Developer shall provide the City with cash or letter of credit to cover the City approved estimate for the cost of development of the demarcation for the City lands to the satisfaction of the Deputy CAO of Public Services. 15.That the Owner/Developer shall be responsible for installing demarcation prior to registration of the future Plan of Condominium. 16.That the Owner/Developer shall be responsible for the cost of design and implementation of the Open Space Works and Restoration as per the approved Environmental Implementation Report and Landscape Plans to the satisfaction of the Deputy CAO of Public Services. This shall include the submission of drawings for approval and the administration of the construction contract up to the end of the warrantee period completed by a full member with seal of Ontario Association of Landscape Architects (OALA) to the satisfaction of the Deputy CAO of Public Services. The Developer shall provide the City with cash or letter of credit to cover the City approved estimate for the cost of the Open Space works and restoration for the City lands to the satisfaction of the Deputy CAO of Public Services. 17.That the Owner/Developer shall provide Park Planning with a digital file in CAD format containing the following final approved information: parcel fabric, street network, grades/contours and landscaping of the trail corridor and open space blocks. 18.That the Owner/Developer shall dedicate to the City a parcel for the existing City trail at the south corner of the site free and clear of all encumbrances. The trail parcel will allow for the full use of the City trail and include a Page 13 of 83

14 minimum 0.6m clear zone along the edge of the trail. The final trail parcel dimensions will be finalized prior to Site Plan Approval. The registered plan for the trail parcel shall be to the satisfaction of the Deputy CAO of Public Services. 19.That the Owner/Developer shall provide an easement in favour of the City for the existing City trail at the north-west corner of the site. The trail easement will allow for the full use of the City trail and include a minimum 0.6m clear zone along the edge of the trail. The final trail easement dimensions will be finalized prior to Site Plan Approval. An easement agreement for the trail parcel shall be to the satisfaction of the Deputy CAO of Public Services. 20.That the Owner/Developer shall pay cash in-lieu of parkland conveyance for the entire development, under City of Guelph By-law (1989)-13410, as amended by By-law (1990)-13545, By-Law ( ), or any successor thereof. 21.That prior to Site Plan approval, the Owner/Developer shall provide to the Deputy CAO of Public Services a satisfactory narrative appraisal report prepared for The Corporation of the City of Guelph for the purposes of calculating the payment of cash-in-lieu of parkland dedication pursuant to s.42 of the Planning Act. The appraisal report shall be prepared by a qualified appraiser who is a member in good standing of the Appraisal Institute of Canada, and shall be subject to the review and approval of the Deputy CAO of Public Services. Notwithstanding the foregoing, if the appraisal provided by the applicant is not satisfactory to the Deputy CAO of Public Services, acting reasonably, the City reserves the right to obtain an independent appraisal for the purposes of calculating the payment of cash-in-lieu of parkland dedication. 22.That prior to site plan approval, the Owner/Developer shall prepare and implement an Environmental Implementation Report (EIR), based on terms of reference approved by the City and Grand River Conservation Authority (GRCA). The EIR will include details with respect to: stormwater management design and monitoring; water monitoring in relation to Howitt Creek; detailed habitat and edge management plans including invasive species management, buffer enhancement/design and mitigation plans for wildlife habitat; education and stewardship information; detailed mitigation plans to support any required trail design or relocation; a salt management plan; grading, drainage and erosion and sediment control plans and, a monitoring program that includes pre and post development monitoring, baseline data, identifies thresholds and associates measures; and, Page 14 of 83

15 any other information to implement recommendations from the Environmental Impact Study dated July 2017, the EIS Addendum dated March 2018 and EIS Addendum dated July That prior to site alteration or tree removal, the Owner/Developer shall prepare an updated Tree Inventory & Preservation Plan as well as a Landscaping, Compensation and Replacement Plan, satisfactory to the General Manager of Planning, Urban Design and Building Services prior to any site alteration, tree removal or construction occurring on the site. 24.That prior to site plan approval or site alteration or tree removal, the Owner/ Developer shall prepare a detailed Landscaping, Compensation and Replacement Plan, prepared by an OALA that includes provisions for street trees and landscaping of amenity space/ common elements of the future condominium satisfactory to the General Manager of Planning, Urban Design and Building Services. 25.That prior to site alteration or tree removal, the Owner/Developer shall provide a qualified Environmental Inspector, satisfactory to the General Manager of Planning, Urban Deisgn and Building Services and the City Engineer, to inspect the site during all phases of development and construction including grading, servicing, and building construction. The environmental inspector shall monitor and inspect the erosion and sediment control and tree protection measures and procedures on a weekly or more frequent basis and report on their findings to the City on a monthly basis. 26.That prior to site plan approval the Owner/Developer prepare a Salt Management Plan for the future condominium satisfactory to the City s Risk Management Official for Source Water Protection. 27.That prior to site plan approval, the Owner/Developer shall complete and provide a security to the City to ensure the proper and timely completion of all landscaping in accordance with the approved Landscaping Plan(s). The amount of the securities required will be determined from a detailed cost estimate for the sited works, listing items, quantities, unit costs and total costs. The cost estimate is to be prepared by the consultant and to the satisfaction of the General Manager of Planning, Urban Design and Building Services. 28.That prior to site plan approval the Owner/Developer shall pay to the City the total cost of reproduction and distribution of the Guelph Residents Environmental Handbook, for all future residents of the subject development with such payment based on a cost of one handbook per residential dwelling unit as determined by the City. 29.That prior to site plan approval the Owner/Developer shall provide the City with a letter of credit to cover the City approved cost estimate for the post- Page 15 of 83

16 development monitoring program to the satisfaction of the General Manager of Planning, Urban Design and Building Services. 30.That prior to site plan approval, the Owner/Developer shall make satisfactory arrangements with Guelph Hydro Electric Systems Inc. 31.That the Owner/Developer shall pay to the City, as determined applicable by the Chief Financial Officer/City Treasurer, Development Charges and Education Development Charges, in accordance with the City of Guelph Development Charges By-law (2014)-19692, as amended from time to time, or any successor thereof, and in accordance with the Education Development Charges By-laws of the Upper Grand District School Board (Wellington County) and the Wellington Catholic District School Board, as amended from time to time, or any successor by-laws thereof, prior to this issuance of any building permits, at the rate in effect at the time of the issuance of a building permit. 32.That the Owner/Developer and the Upper Grand District School Board shall reach an agreement regarding the supply and erection of a sign (at the Owner/Developer's expense and according to the Board's specifications) affixed to the permanent development sign advising prospective residents about schools in the area. 33.That the Owner/Developer shall age to advise all purchasers/renters, by inserting the following clause in all offers of Purchase and Sale/Lease to the satisfaction of the Upper Grand District School Board: "In order to limit liability, public school buses operated by the Service de transport de Wellington-Dufferin Student Transportation Services (STWDSTS), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up students, an potential busing students will be required to meet the bus at a congregated bus pick-up point." 34.That the Owner/Developer shall insert the following warning clause in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease for each dwelling unit within 300m of the railway right-ofway: Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims Page 16 of 83

17 arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way. Page 17 of 83

18 ATT Official Plan Land Use Designations and Policies Page 18 of 83

19 ATT-4 (continued) 2001 Official Plan Land Use Designations and Policies 'General Residential' Land Use Designation The predominant use of land in areas designated, as 'General Residential' on Schedule 1 shall be residential. All forms of residential development shall be permitted in conformity with the policies of this designation. The general character of development will be low-rise housing forms. Multiple unit residential buildings will be permitted without amendment to this Plan, subject to the satisfaction of specific development criteria as noted by the provisions of policy Residential care facilities, lodging houses, coach houses and garden suites will be permitted, subject to the development criteria as outlined in the earlier text of this subsection Within the 'General Residential' designation, the net density of development shall not exceed 100 units per hectare (40 units/acre). 1. In spite of the density provisions of policy the net density of development on lands known municipally as 40 Northumberland Street, shall not exceed units per hectare (62 units per acre) The physical character of existing established low density residential neighbourhoods will be respected wherever possible Residential lot infill, comprising the creation of new low density residential lots within the older established areas of the City will be encouraged, provided that the proposed development is compatible with the surrounding residential environment. To assess compatibility, the City will give consideration to the existing predominant zoning of the particular area as well as the general design parametres outlined in subsection 3.6 of this Plan. More specifically, residential lot infill shall be compatible with adjacent residential environments with respect to the following: a) The form and scale of existing residential development; b) Existing building design and height; c) Setbacks; d) Landscaping and amenity areas; e) Vehicular access, circulation and parking; and f) Heritage considerations Apartment or townhouse infill proposals shall be subject to the development criteria contained in policy Multiple unit residential buildings, such as townhouses, row dwellings and apartments, may be permitted within designated areas permitting Page 19 of 83

20 residential uses. The following development criteria will be used to evaluate a development proposal for multiple unit housing: a) That the building form, massing, appearance and siting are compatible in design, character and orientation with buildings in the immediate vicinity; b) That the proposal can be adequately served by local convenience and neighbourhood shopping facilities, schools, parks and recreation facilities and public transit; c) That the vehicular traffic generated from the proposal can be accommodated with minimal impact on local residential streets and intersections and, in addition, vehicular circulation, access and parking facilities can be adequately provided; and d) That adequate municipal infrastructure, services and amenity areas for the residents can be provided. Page 20 of 83

21 ATT-5 Official Plan Amendment #48 Land Use Designations and Policies Page 21 of 83

22 ATT-5 (continued) Official Plan Amendment #48 Land Use Designations and Policies 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. 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 and , 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. Page 22 of 83

23 ATT-6 Existing Zoning Page 23 of 83

24 ATT-6 (continued) Existing Zoning and Details 9.1 PERMITTED USES Commercial Recreation Park (P.5) Zone Club Outdoor Sportsfield Facilities Recreation Centre 9.2 REGULATIONS Within the Park (P) Zones, no land shall be used and no Building or Structure shall be erected or Used except in conformity with the applicable regulations contained in Section 4 General Provisions, the regulations set out in Table 9.2, and the following. EXCERPT FROM TABLE REGULATIONS GOVERNING THE P.5 ZONE Row 1 Park Zones Commercial Recreation (P.5) Park 2 Minimum Lot Area 3 Minimum Lot Frontage 4 Minimum Side and Rear Yard 5 Minimum Front Yard 6 Off-Street Parking 7 Off-Street Loading 8 Accessory Buildings or Structures 1,200 m 2 30 metres 7.5 metres. 6 metres from the Street Line and as set out in Section In accordance with Section In accordance with Section In accordance with Section Fences In accordance with Section Despite the preceding, Sections and shall not apply to Fence screens associated with Outdoor Sportsfield Facilities. Page 24 of 83

25 ATT-7 Proposed Zoning and Details Page 25 of 83

26 ATT-7 (continued) Proposed Zoning and Details Proposed Zoning: "Specialized Residential Cluster Townhouse with Holding Provisions" (R.3A - 62(H)) Zone In addition to the regulations set out in Section Residential Cluster Townhouse (R.3A) Zone of Zoning By-law (1995)-14864, as amended, the following specialized regulations will apply: To permit a minimum landscaped open space of 38%, whereas a minimum of 40% is required; and, To permit a minimum side yard setback (on the north side of property) of 3.0 metres, whereas a minimum side yard no closer than a distance equal to half of the building height and in no case less than 3.0 metres is required. To permit On-Street Townhouses in the R.3A Zone; That a site-specific definition be added for On-Street Townhouse for this property to reflect the built form but also recognize that the On-Street Townhouse units will not be located on separate lots. For the purposes of this specialized zone, On-Street Townhouse means a Townhouse where each Dwelling Unit has independent driveway access onto a public street but is not located on a separate Lot; Minimum Lot Area Per Dwelling Unit and Minimum Lot Frontage do not apply to On-Street Townhouse uses; On-Street townhouses shall be limited in height to 2 storeys; A maximum of 16 Stacked Townhouses and a maximum of 7 On-Street Townhouses shall be permitted in this zone. A maximum of 23 Dwelling Units shall be permitted in this zone; H Symbol to ensure that all required municipal site services adequate to accommodate the specific development are in place prior to the development of the lands occurring. The H (Holding) Symbol may be removed when the following condition has been met to the satisfaction of the City: Design and construction of a storm sewer on Beechwood Avenue, to the satisfaction of the City Engineer/General Manager of Engineering and Capital Infrastructure Services or upon the actual design and construction costs of these works being secured in a manner satisfactory to the City Engineer/General Manager. In addition to the above, the southerly portion of the existing City trail that encroaches onto the subject property will be zoned "Specialized Community Park" (P.3-3) to recognize the existing City trail use that will be dedicated to the City prior to site plan approval. Page 26 of 83

27 Table Regulations Governing R.3 Zones Row 1 Residential Type R.3A Zone Cluster Townhouse R.3A Zone Stacked Townhouse R.3B Zone On-Street- Townhouse 2 Minimum Lot Area 800 m 2 1,000 m m 2 3 Minimum Lot Area Per Dwelling Unit 270 m m m 2 4 Minimum Lot Frontage 18 metres 18 metres 6 metres 5 Minimum Front Yard 6 metres and as set out in Section 4.24 and a Minimum Exterior Side Yard 4.5 metres and in accordance with Sections 4.24, 4.28 and Minimum Side Yard See Section m from the side of the Building. 7 Minimum Rear Yard See Section metres 8 Maximum Building Coverage (% of Lot Area) Maximum Building Height 3 Storeys and in accordance with Sections 4.16 and Minimum Distance Between Buildings See Section Minimum Common Amenity Area See Section Minimum Private Amenity Area See Section Minimum Landscaped Open Space (% of Lot Area) Buffer Strip Where an R.3 Zone abuts any other Residential Zone or any Institutional, Park, Wetland, or Urban Reserve Zone a Buffer Strip shall be provided. Buffer strips may be located in a required Side or Rear Yard. 15 Fences In accordance with Section Off-Street Parking In accordance with Section Accessory Buildings or Structures In accordance with Section Maximum Number of Dwelling Units in a Row 12. Despite the preceding, where units are adjacent to a public Street, the maximum number of Dwelling Units in a row shall be Garbage, Refuse Storage and Composters In accordance with Section Maximum Density of Site See Section Maximum Driveway (Residential) width R.3B Zone On-Street Townhouses See Section Page 27 of 83

28 ATT-8 Original Proposed Development Plan and Architectural Renderings Page 28 of 83

29 ATT-8 (continued) Original Proposed Development Plan and Architectural Renderings View from Beechwood Avenue View from the South Side Page 29 of 83

30 ATT-9 Revised Proposed Development Plan Page 30 of 83

31 ATT-10 Revised Proposed Building Elevations Front Elevation of Stacked Townhouses Front Elevation of On-Street Townhouses Page 31 of 83

32 ATT-11 Staff Review and Planning Analysis 2014 Provincial Policy Statement The 2014 Provincial Policy Statement (PPS) provides direction on matters of provincial interest related to land use planning and development and is issued under the authority of Section 3 of the Planning Act. In general, the PPS promotes efficient use of land and development patterns and addresses matters of provincial interest in land use planning. As per section 4.2, all planning decisions shall be consistent with the PPS. Policy Section 1.0 Building Strong Healthy Communities speaks to efficient land use and development patterns to support sustainability by promoting strong, liveable, healthy and resilient communities, protecting the environment and public health and safety, and facilitating economic growth. This is achieved in part by promoting efficient development and land use patterns with an appropriate range and mix of residential and employment and other uses to meet long term needs [1.1.1 a), b)]. The proposed development is consistent with these principles by: Focusing development within the built-up area of the City of Guelph to make the most efficient use of land and existing services. Providing for the redevelopment of an existing site that is located on existing roads serviced by alternative transit options and existing infrastructure/public service facilities. Providing an alternative form of housing that is complimentary to existing residential development. Section states that land use patterns within settlement areas shall be based on densities and a mix of land uses which: efficiently use land and resources; are appropriate for and efficiently use planned and/or available infrastructure and public service facilities; minimize impacts to air quality and climate change; and support active transportation. Settlement areas are to also contain a range of uses and opportunities for intensification and redevelopment. Planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment taking into consideration existing building stock, brownfield sites and the availability of existing or planned infrastructure or public service facilities. The proposed redevelopment represents intensification of an underutilized site within a settlement area, and within close proximity to the downtown. The proposed redevelopment will make more efficient use of the subject property. Section states that planning authorities shall provide for an appropriate range and mix of housing types and densities required to meet projected requirements of current and future residents. The proposed redevelopment is consistent with the Province's direction by: supporting residential intensification, providing new residential development on lands containing appropriate levels of infrastructure, and providing for compact housing form through residential intensification. Page 32 of 83

33 The proposed development is a compact form of development that will use land and infrastructure efficiently and contribute to the range of housing options in the area. The proposed Zoning By-law Amendment application is consistent with the 2014 Provincial Policy Statement. Places to Grow The Growth Plan for the Greater Golden Horseshoe (2017) provides a framework for managing growth in the Greater Golden Horseshoe area and works to support the achievement of complete communities and to ensure that land to accommodate forecasted population and employment growth will be available when needed. The Growth Plan builds on other provincial initiatives and is intended to guide decisions on growth, including policies to manage growth by building compact, vibrant and complete communities. The policies of the Growth Plan centre on the key themes of building complete communities; directing growth to built-up areas; the promotion of transitsupportive densities; and a healthy mix of residential and employment land uses. The guiding principles of the plan include: Building compact, vibrant and complete communities; Optimizing the use of existing and new infrastructure to support growth in a compact and efficient form; Providing for different approaches to managing growth that recognize the diversity of communities in the Growth Plan. The subject property is located within the City s Built-Up Area as shown on Schedule 1B:Growth Plan Elements of the Official Plan. Until the next municipal comprehensive review is approved and in effect, the annual minimum intensification target contained in the City s Official Plan that is approved and in effect as of July 1, 2017 will continue to apply. Through the City s Official Plan, a target of 40% of all future residential development has been planned to be achieved annually within the built-up area of the City. Section and of the Growth Plan identify how population growth will be accommodated with thin the Delineated Built-up Areas. These sections introduce policies related to intensification, reducing dependence on the automobile, complete communities and efficient use of infrastructure and public service facilities. The proposed Zoning By-law Amendment conforms with the policies of this section by: Directing redevelopment to the built-up area; Promoting redevelopment that supports active and public transportation options; Proposing different housing form in the neighbourhood that contributes to the mix of housing types in the area; Contributing to the objective of a complete community by encouraging redevelopment in close proximity to services, public transit and public open space; and, Making efficient use of existing infrastructure and public service facilities (e.g. roads, water and sewer, etc.). Page 33 of 83

34 The proposed Zoning By-law Amendment is consistent with and conforms to the policies of the Growth Plan for the Greater Golden Horseshoe (2017). Conformity with the 2001 Official Plan The Zoning By-law Amendment application was submitted prior to OPA 48 coming into full force and effect by Order of the Ontario Municipal Board (OMB) on October 5, 2017, therefore, staff are reviewing the proposed development against the policies of the September 2014 Consolidated Official Plan. A further review of how the proposed amendment has had regard for the policies of OPA 48 is provided later in the report. The proposed Zoning By-law Amendment application conforms to several of the major goals of the Official Plan including the following: assists in promoting a compact development pattern to avoid sprawl; facilitates development in an area where municipal services are readily available; provides for urban growth in a manner that ensures the efficient use of public expenditures without excessive financial strain upon the City; and, facilitates development in an established area of the City that is being done in a manner that is sympathetic and compatible with the built form of existing land uses. In addition to the above, one of the major goals of the Official Plan as per Policy is to promote energy conservation and climate change protection through land use planning. The applicant has indicated to Planning staff that they will be including energy efficiency measures within their development consistent with the City s Community Energy Initiative. The applicant has provided a letter summarizing how their proposal adheres to the Community Energy Initiative, and is included in ATT-14. Section 2.4 of the Official Plan provides policies for the City s growth management strategy. The Growth Plan establishes a framework for implementing the Provincial Government s vision for building stronger more prosperous communities by managing projected growth to the year To ensure development proceeds in accordance with the City's growth management strategy and to achieve the Growth Plan intensification targets, significant portions of new residential growth is to be accommodated within the built-up areas through intensification. The subject property is designated General Residential in the Official Plan. The predominant use of land in areas designated, as General Residential is residential. All forms of residential development are permitted with the general character of development being low-rise housing forms. Multiple unit residential buildings (which includes townhouses) are permitted, subject to the satisfaction of specific development criteria as noted by the provisions of policy The General Residential land use designation permits a maximum net density of 100 units per hectare (40 units/acre). The proposed development of 23 townhouse units translates Page 34 of 83

35 to a net density of 57 units per hectare. Both the townhouse use and density are permissible within the General Residential land use designation. Policy provides development criteria to evaluate development proposals for multiple unit residential buildings, such as townhouses. Development criteria is outlined below along with an evaluation of how the proposal meets the criteria. a) That the building form, massing, appearance and siting are compatible in design, character and orientation with buildings in the immediate vicinity. The Official Plan defines compatible as development or redevelopment which may not necessarily be the same as, or similar to, the existing development, but can coexist with the surrounding area without unacceptable adverse impact. In evaluating compatibility of the proposed development with the existing neighbourhood, the following general observations about the site s context have been made: The property slopes downward from Beechwood Avenue to the rear of the property. The property is located within the City s Built-Up Area as shown on Schedule 1B: Growth Plan Elements of the Official Plan. The property is adjacent to an existing City park (Howitt Park) and P.5 zoned property, which is currently used as a place of worship (Ismailia Centre). The opposite side of Beechwood Avenue is zoned R.1B and is predominantly developed with one-storey single detached residential dwellings. Although, the current zoning of the opposite side of the street does allow for a maximum building height of 3 storeys, staff are recommending that the 7 on-street townhouse units be permitted a maximum height of 2 storeys to provide a transition to the proposed 3 storey stacked townhouses at the back of the subject property. This will also assist in reducing perceived shadow impacts on the adjacent City trail and park. It should be noted that the required side yard setback for a 2 storey building in the single detached zone (R.1B) is 1.5 metres and required side yard setback for a 3 storey building is 2.4 metres. The proposed side yard setback for this development is 3 metres at the closest point on the north property line. Table 1 below identifies existing zoning permissions on Beechwood Avenue. The opposite (east) side of Beechwood Avenue is developed with single detached residential dwellings (except for 343 Waterloo Avenue). The west side of Beechwood Avenue is zoned for Commercial Recreation Park purposes and Specialized Office Residential purposes which permits a number of residential and non-residential uses. The proposed development of townhouses maintains the residential use of the neighbourhood and includes measures to reduce potential Page 35 of 83

36 impacts, including hiding the proposed parking area. The height and massing, spacing and setbacks are in keeping with other existing zoning permissions on Beechwood Avenue. Table 1 Existing Zoning and Regulations on Beechwood Avenue Municipal Address 89 Beechwood Avenue 93 Beechwood Avenue 103 Beechwood Avenue 371 Waterloo Avenue 343 Waterloo Avenue 22 and 24 Chadwick Avenue and 61 Hearn Zone Permitted Uses Minimum Front Yard Setback P.5 (Commercial Recreation Park) P.5 (Commercial Recreation Park) OR-36 (Specialized Office Residential) OR-36 (Specialized Office Residential) OR-36 (Specialized Office Residential) R.1B (Single Detached Residential) Maximum Permitted Building Height -Club -Outdoor Sportsfield Facilities -Recreation Centre 6 metres No maximum. Same as above. 6 metres No maximum. -Accessory Apartment -Artisan Studio -Day Care Centre -Duplex Dwelling -Dwelling Units with permitted commercial Uses in the same Building -Group Home -Home Occupation -Medical Office -Office -Personal Service Establishment -Semi-detached Dwelling -Single Detached Dwelling 3 metres 3 Storeys Same permitted uses as above. 3 metres 3 Storeys Same permitted uses as above. -Single Detached Dwelling -Accessory Apartment -Bed and Breakfast establishment -Day Care Centre -Group Home -Home Occupation 3 metres 6 metres or the average of the setbacksof adjacent properties 3 Storeys 3 Storeys Page 36 of 83

37 19, 25 and 27 Chadwick Avenue Beechwood Avenue R.1B (Single Detached Residential) R.1B (Single Detached Residential) -Lodging House Type 1 Same as above. Same as above. 6 metres or the average of the setbacks of adjacent properties 6 metres or the average of the setbacks of adjacent properties 3 Storeys 3 Storeys Another evaluation to determine compatibility is whether or not the proposal will have a functional undue adverse impact on the existing surrounding development. This is determined by tangible negative impact that the proposal will have on the existing residents enjoyment of their property. Based on the proposed density, size, height and location of the proposed development, it represents balanced development that provides for intensification while respecting and maintaining community character. The proposed development provides an alternative supply of housing and is adequately served by municipal infrastructure and amenities. Proposed setbacks reflect existing permissions and are largely consistent with the existing and permitted setbacks on Beechwood Avenue and conforms with the 2001 Official Plan in terms of height, density and land use. There is a mix of building materials and architectural styles amongst the dwellings along Beechwood Avenue. The massing for the proposed development is located at the rear of property, which helps break it down in scale. Many comments received on the design including building materials and colours can be addressed at the site plan approval stage. b) That the proposal can be adequately served by local convenience and neighbourhood shopping facilities, schools, parks and recreation facilities and public transit. The proposed development is located in close proximity to the downtown and local convenience shopping facilities. The School Boards were circulated the application and have no concerns with the proposed development. The development is adjacent to Howitt Park and the existing City trail which will provide convenient access to recreation facilities. Public transit is also available within close proximity. c) That the vehicular traffic generated from the proposal can be accommodated with minimal impact on local residential streets and intersections and, in addition, vehicular circulation, access and parking facilities can be adequately provided. A Transportation Overview was submitted as part of a revised application. The original proposal for 34 residential units did not warrant a traffic impact study, however, one was completed at the direction of City Council at the Statutory Public Page 37 of 83

38 Meeting. The Transportation Overview concluded that the vehicular traffic can be accommodated without impacting existing traffic. Parking is provided in excess of the Zoning By-law requirement. This is discussed in greater detail later in the report. d) That adequate municipal infrastructure, services and amenity areas for the residents can be provided. The proposed development will be serviced by municipal infrastructure. Engineering staff have reviewed the proposed development and are satisfied that the development can be serviced. This is discussed in greater detail later in the report. Urban Design Review The proposed development, as illustrated in the conceptual development plan and building elevations in ATT-9 and ATT-10, are in keeping with the City s urban design goals, objectives and policies. The applicant has made significant design changes to the original development proposal presented at the September 11, 2017 Statutory Public Meeting in response to City Council and area residents concerns on the original proposal. The proposal supports Official Plan Urban Form Policies that promote a compact urban form and gradual expansion of urban development by encouraging intensification of existing urban areas. The proposed redevelopment of the property represents an appropriate degree of residential intensification. Section of the Official Plan contains specific urban design policies that apply to new development within older, established areas of the City. These policies help ensure new development reinforces and complements the existing range of building mass, height, proportion and orientation of buildings relative to the street. Further discussion regarding how the proposed development addresses these policies are provided below: The proposed 2 storey on-street townhouses are proportional to the height of existing buildings along Beechwood Avenue and act as a transition to the proposed 3 storey stacked townhouses at the rear of the property. A specialized zoning regulation has been included within the recommended zoning regulations in ATT-3 to ensure the building height of the on-street townhouses is limited to a maximum height of 2 storeys. The design of the proposed development places the parking area for the stacked townhouses and visitors behind the on-street townhouses and allows for front yard landscaping and street trees in front of the on-street townhouses. The proposed front yard setback of the on-street townhouses respects the existing development pattern along Beechwood Avenue and is generally consistent with the average front yard setback of 5.5 metres along the opposite side of Beechwood Avenue. Page 38 of 83

39 Building style, materials and colour, articulation, roofline and landscaping will be reviewed in more detail during the site plan approval process. A photometric plan is also a requirement of a site plan application to ensure that there is no light trespass across property lines. Section of the Official Plan contains urban design policies that apply to new development adjacent to public open spaces. The proposed development is adjacent to the existing Howitt Park. These policies are used to promote compatible development adjacent to public open spaces. The proposed development supports several of the policies in this section as outlined below: Upgraded design elements of end units facing the park will be reviewed in detail at the site plan approval stage. The proposed development has been designed in a manner that provides opportunities for informal surveillance of streets, sidewalks, parking areas and Howitt Park. Overall, the proposed development conforms to the Urban Design objectives and policies of the Official Plan. Environmental Review The subject property is adjacent to lands designated as Significant Natural Areas & Natural Areas in the Official Plan, which includes Howitt Creek, Significant Woodlands, Valleylands and significant wildlife habitat in regards to ecological linkage functions. Policy 6A.1.1 Adjacent Lands and Buffers of the Official Plan requires that an Environmental Impact Study (EIS) be prepared to assess potential impacts of development and recommend appropriate setbacks (i.e. established buffers) from the natural heritage feature or area within the adjacent lands to ensure no negative impacts. An Environmental Impact Study was prepared by Natural Resource Solutions Inc. (NRSI) and submitted as part of a complete application. The EIS was reviewed and conditionally supported by the Environmental Advisory Committee (EAC) on October 11, 2017, subject to the preparation of an EIS Addendum. NRSI completed an EIS Addendum dated March 2018 and provided additional information to this Addendum in July of Based on the EIS Addendum, Scoped Hydrogeological Characterization Study and Impact Assessment and revised functional servicing and SWM report, it is understood that no alteration or disturbance within the significant valleyland of Howitt Creek or within the Creek itself is proposed. A wetland feature was identified through the EIS and further clarified through the EIS Addendum. This feature meets the City s OP requirements of Other Wetland (Section of the OP). No development or site alteration is proposed within the feature, and given its location within the significant valleyland of Howitt Creek; the buffer requirements are also satisfied. The significant valleyland for Howitt Creek is also significant woodland. No development or site alteration is proposed Page 39 of 83

40 within the feature as part of the proposal. The City s existing trail behind 89 Beechwood, also generally represents the limit of the significant woodland feature. The City s OP sets out requirements for minimum buffers generally ( /11) and specifically for significant woodlands ( /6). These policies require a 10m minimum buffer from the dripline of the feature except where existing development precludes the buffer from being achieved. As clarified in the EIS Addendum, given the existing developed condition of the 89 Beechwood site and the existence of the City trail and park between the feature and the subject lands this would appear to constitute existing development which otherwise precludes the achievement of the 10m minimum buffer. A 5 10m minimum buffer is being proposed (which includes the infiltration gallery). Based on the recommendations of the EIS Addendum, an edge management plan will be prepared as part of the Environmental Implementation Report and implemented through site plan approval to restore and enhance the buffer zone as well as the edge of the significant woodland feature. This represents an established buffer and staff support the overall mitigation approach. In order to address possible indirect or induced impacts as a result of the residential development (i.e. impacts from increased garbage, pets, invasive species, etc.) the EIR will include the development of an edge management plan for the woodland, along with the adjacent buffer area between the development and the feature. The proposed development conforms to the Natural Heritage System policies of the Official Plan. Conformity with Official Plan Amendment #48 OPA 48 designates the subject property as "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 is residential. On June 5, 2012, the City adopted Official Plan Amendment No. 48 (OPA 48), a comprehensive update to the Official Plan. The Minister of Municipal Affairs and Housing approved OPA 48 with modifications on December 13, At the time the application was submitted to the City on July 10, 2017, OPA 48 was under appeal to the Ontario Municipal Board (OMB) in its entirety and the policies not in effect. However, consideration must be given to the policies of OPA 48 since it was adopted by Council when the application was submitted and it provides guidance for development within the City. The Low Density Residential land use designation that came into effect for the subject property decreased the permitted density. Planning staff have evaluated this proposed development and based on its location and the existing zoning on the street, staff believe additional density can be accommodated on this property, based on the review of the development proposal. Page 40 of 83

41 The OMB issued a decision and order on October 5, 2017, approving OPA 48 with modifications and the exception of site specific policy and land use appeals not applicable to the subject lands. OPA 48 contains several objectives for residential developments. Many of these objectives are carried over from the 2001 Official Plan, with minor modifications and additions. OPA 48 facilitates the development of a full range of housing types, affordability and densities, with development being compatible between various housing forms, non-residential uses and the general character of neighbourhoods. Further, new residential development is to be located to facilitate and encourage convenient access to employment, shopping, institutions and recreation by walking, cycling and the use of transit. The subject site is well served by nearby shopping facilities, schools, and City recreation facilities. The buildings are positioned on the subject property in a manner that is compatible with surrounding uses and neighbourhoods. Planning staff are satisfied that the proposed development is consistent with and meets the objectives in Section 9.3 of OPA 48 for residential land use designations. Permitted uses in the Low Density Residential land use designation include multiple unit residential buildings, such as townhouses and apartments and allow for a maximum height of 3 storeys which is proposed. The proposed townhouse development, with a net density of 57 units per hectare, is appropriate in this location, even though the Low Density Residential land designation permits a density between 15 and 35 units per hectare (6-14 units per acre). The increase in density can be accommodated as the proposed townhouses are placed and massed appropriately on the property in a manner that is compatible with surrounding land uses. In addition, appropriate infrastructure and municipal services will be provided prior to development occurring on this property. Overall, the proposed Zoning By-law Amendment conforms to the goals and objectives of OPA 48. Proposed Zoning A Specialized Residential Cluster Townhouse with Holding Provisions (R.3A-62) Zone is proposed along with a "Specialized Community Park" (P.3-3) Zone to recognize the existing trail use that will be dedicated to the City prior to site plan approval. The H (Holding) symbol is recommended to ensure that all required municipal site services adequate to accommodate the specific development are in place prior to the development of the lands occurring. The H (Holding) Symbol may be removed when the following condition has been met to the satisfaction of the City: Design and construction of a storm sewer on Beechwood Avenue, to the satisfaction of the City Engineer/General Manager of Engineering and Capital Infrastructure Services or upon the actual design and construction costs of these works being secured in a manner satisfactory to the City Engineer/General Manager. Page 41 of 83

42 In addition to the regulations set out in Section Residential Cluster Townhouse (R.3A) Zone of Zoning By-law (1995)-14864, as amended, additional specialized regulations have been requested by the applicant or recommended by staff. The below table provides an evaluation of the specialized regulations. Table 2 Evaluation of Specialized Zoning Regulations Specialized Regulation A minimum landscaped open space of 38%. A minimum side yard setback (on the north side of the property) of 3.0 metres. Add On-Street Townhouse as a permitted use in the R.3A Zone. Add a site-specific definition for On-Street Townhouse. Zoning By-law Requirement A minimum landscaped open space of 40% A minimum side yard setback no closer than a distance equal to half of the building height and in no case less than 3.0 metres. Not permitted in the R.3A Zone, but permitted in the R.3B Zone. Staff Comment Staff have no concerns with this request as this represents a 2% shortage, which is negligible. Staff have no concerns with this request as the adjacent property is a City park and overlook and privacy concerns are not the same if it were a neighbouring residential property. Additionally, side yard setbacks permitted on the street in terms of zoning are a minimum of 1.5 metres. This is a technicality as both the R.3A and R.3B zones permit townhouses and are only divided to reflect ownership type. This site-specific definition is recommended by staff to recognize that the On- Street Townhouses will not be located on separate lots but will have independent driveway access onto a public street. This is recognizing that the On- Street Townhouses and Stacked Townhouses will form part of one development and one future condominium corporation. Page 42 of 83

43 The minimum Lot Area and minimum Lot Frontage regulations for On-Street Townhouses do not apply. Maximum building height for On-street Townhouse is 2 Storeys. A maximum of 16 Stacked Townhouses and a maximum of 7 On- Street Townhouses shall be permitted in this zone. A maximum of 23 Dwelling Units shall be permitted in this zone. The R.3B zone requires a minimum Lot Area of 180 square metres and a minimum Lot Frontage of 6 metres. Maximum building height of 3 Storeys is permitted. Maximum number of units is not set out in the Zoning By-law. The Zoning By-law permits a maximum site density of 60 units per hectare in the R.3A Zone. Same as above. This specialized regulation is recommended by staff as the On-Street Townhouses will not be located on separate lots and therefore will not be able to comply with this requirement. Staff are recommending this regulation to ensure an appropriate transition from the existing single detached dwellings on the street to the proposed 3 storey Stacked Townhouses at the rear of the subject property. Staff are recommending this regulation to ensure that the site is developed as proposed. Same as above. Engineering Engineering staff have reviewed the original application and revised application and supporting documents. Engineering has provided conditions which are included in ATT-3 and Engineering comments are included in ATT-12. Engineering staff are recommending the 'H' (Holding) Symbol to ensure that all required municipal services are adequate and available to accommodate the development proposal. The 'H' Symbol is specifically related to the design and construction of a storm sewer. Sanitary and water capacity are currently adequate and available to service the development. The City's Sourcewater Risk Management Official has reviewed the application and has no concerns with the proposed residential development and has provided conditions which are included in ATT-3. Scoped Hydrogeological Characterization Study Peer Review In support of the proposed development, the applicant submitted a Scoped Hydrogeological Characterization Study to assess the geological and hydrological conditions of the site, including the adjacent environmental features. Page 43 of 83

44 LDS Consultants Inc. was retained to conduct a peer review of the study to form a qualitative check on the comprehensive environmental planning review of the application. The peer review included a review of the Scoped Hydrogeological Characterization Study and assessment of the potential impacts related to the proposed development. Comments on the original Study were provided to the applicant and consultants. As part of a revised application, the applicant submitted a revised Scoped Hydrogeological Characterization Study and Impact Assessment, prepared by MTE Consultants Inc. The City retained LDS Consultants Inc. to peer review the revised document. The final peer review letter is included in ATT-13 and concludes that there are no outstanding comments from a hydrogeologic or hydrologic standpoint. Traffic A Traffic Impact Study (TIS) was not submitted as part of the original proposal for 34 residential townhouse units. As per the City's Traffic Impact Study Guidelines, a proposed development of 34 residential units was expected to generate less than 100 vehicle trips per hour in peak hours, indicating that the existing road network could accommodate the proposed development. A number of residents expressed concern regarding the impact of traffic from the proposed development and existing traffic problems on Beechwood Avenue and surrounding streets. At the Statutory Public Meeting held on September 11, 2017, City Council directed that a TIS be prepared in support of the application. It was determined that a Terms of Reference (TOR) would be prepared by the applicant in consultation with the City s Transportation Engineer. As part of the revised application, the applicant submitted a Transportation Overview, prepared by Salvini Consulting Transportation Engineering and Planning, dated March 20, City Transportation staff reviewed the letter from Salvini Consulting Inc. and provided comments. At the request of both staff and local residents, Salvini Consulting Inc. collected additional traffic data. A one-week long count of traffic on Beechwood Avenue both at the south end near the Waterloo intersection and at the north end near the 89 Beechwood Avenue site and provided an addendum letter to the City. Transportation staff have reviewed the addendum and are satisfied with the findings and no further analysis was warranted. Parking Parking for the proposed development is being provided in excess of the parking requirements of the Zoning By-law. Two (2) off-street parking spaces are proposed for each on-street townhouse unit (1 in the garage and 1 on the driveway), for a total of 14 parking spaces and 30 off-street parking spaces are proposed for the 16 stacked townhouse units and visitors for the entire development. Section of the Zoning By-law requires 1 parking space per townhouse unit. Therefore, 23 parking spaces are required. Section of the Zoning By-law requires a Page 44 of 83

45 minimum of 20% of the calculated required total to be provided for visitors. 23 required parking spaces in total would therefore require 4.6 visitor parking spaces (rounded up to 5 visitor parking spaces) for the development. The concept plan shows 3 visitor parking spaces, but there is sufficient parking provided to increase the number of visitor parking spaces from 3 to 5. Environmental Planning An EIS and EIS Addendum were submitted as part of a complete application as the subject property is adjacent to the City s Natural Heritage System which was discussed earlier in this report. Conditions from Environmental Planning have been included in ATT-3 and comments are attached in ATT-12. Grand River Conservation Authority The Grand River Conservation Authority (GRCA) was circulated both the original and revised applications and supporting documents. The GRCA has no objection to the proposed development. GRCA will provide a further review at the site plan approval stage and a development permit is required from the GRCA as a portion of the subject property is within the GRCA regulation limit. Parks Planning Parks Planning staff have reviewed the original and revised applications and supporting documents and have provided conditions which are included in ATT-3. Conditions include cash-in-lieu of parkland dedication, open space works/restoration and dedication/public easement for the existing City trail. As shown on the site plan and noted in the Environmental Impact Study, the City s existing trail encroaches onto the subject property in two locations. The City requests that the trail corner at the south of the property be conveyed to the City to ensure full use of the trail. The trail encroachment at the north end of the property will require a public easement. Park Planning staff believe that the trail in this location is best left as-is until the park is redeveloped in the future. Dedication of land is not necessary for this corner as there is opportunity to realign the trail in the future. Canadian National Railway The original and revised applications were circulated to Canadian National Railway (CN) as the subject property is within 300 metres of the railway rights-of-way. CN has asked that a warning clause be included in any future agreements of purchase and sale/lease. CN's condition is included in ATT-3. Comments Received on the Original and Revised Applications The Statutory Public Meeting was held on September 11, Issues raised by Council and members of the public at the Statutory public meeting, in response to the original circulation and in response to the revised circulation are summarized and responded to below. Page 45 of 83

46 Density Concerns were expressed regarding the density of the proposed development with area residents expressing the desire to reduce the number of units to be within the density range permitted by OPA 48 (15-35 units per hectare). Staff Response: As previously discussed in this report, the subject application was submitted and deemed to be complete prior to OPA 48 being in full force and effect. Staff therefore are required to review the application in terms of policies in effect at the time of application submission. Significant changes to the nature of the application and its associated site design have been made in response to these concerns. The number of residential units proposed has been reduced from a total of 34 townhouse units to 23 townhouse units. Planning staff are of the opinion that the number of residential units proposed is appropriate, noting that the proposed residential density of 57 units per hectare is in conformity with the Official Plan s maximum residential density of 100 units per hectare in the "General Residential" land use designation. As previously discussed, the proposed development meets the Official Plan criteria for permitting multiple unit residential development within the "General Residential" land use designation and is exceeding the parking requirements under the Zoning By-law for the proposed number of units. Design and Scale of Proposed Development Residents are concerned with the massing and overall scale of the proposed development, stating that the stacked townhouses look massive and are inconsistent with the character of Beechwood Avenue. Staff Response: As previously discussed, the design of the proposed development has been modified substantially from the proposal presented at the September 11, 2017 Statutory Public Meeting. The original massing of the building has been reduced and broken up into two townhouse blocks. The on-street townhouses are proposed to be 2 storeys in height and will act as a transition to the 3 storey stacked townhouses which are located at the rear of the property. Building Height There are concerns regarding proposed building heights being incompatible with the existing neighbourhood. Staff are recommending a maximum building height of 2 storeys for the on-street townhouse units to allow for a transition to the 3 storey stacked townhouses. As discussed earlier in this report, the existing zoning for all of the properties on Beechwood Avenue allows for a maximum height of 3 storeys. Shadow Impacts Concerns with respect to shadowing impacts from the proposed building on the adjacent Howitt Park were received. Staff Response: Page 46 of 83

47 The height of the proposed townhouses is 2 and 3 storeys. The proposed townhouse will be set back a minimum of 3 metres on the north property line and beyond that there is an existing City trail. A 3 storey building that is setback from the park is not anticipated to have any unacceptable adverse shadow impacts. Specialized Zoning Regulations Requested Concerns were raised on the original proposal regarding the number of exceptions to the standard R.3A zone. Staff Response: It is common practice for applicants to request specialized regulations to parent zones (ie. R.3A). The 1995 Zoning By-law does not contemplate the built form that we see in today's market. Every property is unique and has different characteristics and development constraints. Standard zoning categories cannot be applied to "fit" every property. Staff look at specialized requests on a site-specific basis. The revised proposal results in the number of specialized regulations required being significantly reduced. The applicant has requested two specialized regulations and staff are recommending additional specialized regulations. An analysis of how these specialized regulations are appropriate is provided earlier in the report. Loss of Trees Concerns were raised on both the original proposal and revised proposal regarding the loss of City and privately owned trees as a result of the proposed development. Staff Response: A Tree Inventory and Preservation Plan (TIPP) was included in the Environmental Impact Study and a revised TIPP was submitted as part of the EIS Addendum. Environmental Planning staff have reviewed the TIPP with input from City Forestry staff. 17 of the trees inventoried are either City owned or have shared ownership with the City, as such authorization from the City is required in order to remove a City owned tree. Based on a review of the proposed plan: Further examination into tree protection measures for 3 of these City trees will be required as part of the EIR and site plan approval to ensure their retain-ability based on the design and installation of the infiltration gallery. Tree protection fencing for these trees will be required at/outside of their respective driplines 7 of the 17 trees which are City owned/have shared ownership are being requested for removal as part of the development. All of these trees are located within the right of way on Beechwood Avenue. Given the revised development proposal, which includes on-street townhouses, there is not sufficient space to accommodate retention of the street trees and have room for the proposed new driveways. The removal of these 7 trees is acceptable provided that: Page 47 of 83

48 Compensation is provided at a 3:1 replacement ratio for the 6 trees removed that are in fair or better condition (resulting in 18 compensation plantings being required) (1 tree is in poor condition). That locations for new street trees within the right of way are to be provided between the townhouse driveways. That compensation plantings unable to be accommodated within the right of way are to be located within suitable plantable areas of Howitt Park. These requirements are to be addressed as part of the EIR including the preparation of the vegetation compensation and landscaping plans and incorporated into the site plan. 53 trees located on private property are proposed for removal. These are regulated under the City s Private Tree Protection By-law. Based on the type and condition of these trees, 42 will require compensation at a 3:1 ratio (resulting in 126 compensation trees being required). The bulk (45 out of the 53) of these removals are all located within a single hedgerow along the southern border of the property. Given the nature of the proposed development and the condition of the trees in the hedgerow, the hedgerow needs to be addressed as a whole in terms of removal or retention. Given the extent of grading impacts anticipated removal is acceptable. Staff also note that where trees are proposed for removal along property lines and may have shared ownership, it is the responsibility of the Owner/Developer to obtain permission from adjacent property owners prior to the removal or damage of these trees. Through the detailed design of the site, the Owner/Developer will need to consider plantable space opportunities to accommodate tree compensation and associated landscaping to support and enhance the City s urban forest. Crime Prevention Through Environmental Design (CPTED) Questions were raised on how the proposed development meets the principles of CPTED. Staff Response: CPTED is a proactive design philosophy built around a core set of principles that is based on the belief that the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime as well as an improvement in the quality of life. One of CPTED s core principles is Natural Surveillance. Natural surveillance is a design strategy that is directed at keeping intruders under observation. It is based on a premise that a person inclined to engage in criminality will be less likely to act on their impulse if he or she can be seen. The proposed development will put "eyes on the park" and "eyes on the City trail". CPTED principles will be reviewed in more detail at the site plan approval stage and may include items such as: orienting driveways and paths towards natural forms of surveillance such as building entrances and windows; Page 48 of 83

49 increasing visual permeability of vulnerable areas such as building entrances, stairwells, playgrounds etc. through the strategic use of windows, fencing material, landscaping etc.; and, strategically lighting pathways and other potentially problematic areas where opportunities for natural surveillance exist. Park View and Access to the Park Concerns were raised regarding buildings blocking the park view and access to Howitt Park. Questions were raised regarding how Howitt Park will remain visually prominent. Staff Response: Howitt Park is an existing park with minimal frontage on Beechwood Avenue. There are currently clear sight lines into the park; however, the sight lines are not a protected view. Official Plan policies regarding establishing parks to be visually prominent are referring to the establishment of new parks and criteria to be used to evaluate new park locations. The proposed development is not blocking off or impeding the existing access to the park. Users of the park may have previously parked and accessed the park through the subject property, however, the subject property is privately owned and not required to provide access or parking to a City park. Loss of Parking for City Park Concerns were expressed regarding the loss of on-street parking and the loss of parking on the subject property. Staff Response: The subject property is privately owned and although the previous owner may have allowed park users to park on the subject property, it is not a requirement that can be imposed on the current owner. On-street parking is not reserved for specific users. Decrease in Value of Existing Homes due to Apartment Style Housing Concerns were raised regarding the stacked townhouses and how they would result in a decrease in value of existing homes in the area. Staff Response: This is not a land use planning issue and can not be quantified or substantiated. Waste Collection Questions were raised regarding how on-site waste removal and storage would be handled. Staff Response: Waste collection is addressed through the site plan approval process. Prior to site plan approval, the proposed development will need to comply with the Waste Management By-law (2011) Considerations and opportunities are Page 49 of 83

50 developed as part of a Waste Management Plan that would facilitate the transition to City collection at some point in the future. Page 50 of 83

51 ATT-12 Departmental and Agency Comments Summary Respondent No Objection or Comment Conditional Support Issues /Concerns Planning Subject to conditions in ATT-3 Engineering* Subject to conditions in ATT-3 Transportation Engineer Environmental Planning* Subject to conditions in ATT-3 Park Planning* Subject to conditions in ATT-3 Urban Design Grand River Conservation Authority* Guelph Hydro* Subject to conditions in ATT-3 CN Railway Properties Subject to conditions in ATT-3 Union Gas Limited Upper Grand District School Board* *Letters Attached Subject to conditions in ATT-3 Page 51 of 83

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