City Council - Planning Meeting Agenda - City of Guelph · 2019-09-10 · the “Residential Single...

Monday, September 9, 2019 City of Guelph Council Agenda of 3

City Council - Planning Meeting Agenda Monday, September 9, 2019 – 6:30 p.m. Council Chambers, Guelph City Hall, 1 Carden Street Please turn off or place on non-audible all electronic devices during the meeting. Please note that an electronic version of this agenda is available on guelph.ca/agendas. Guelph City Council and Committee of the Whole meetings are streamed live on guelph.ca/live.

Open Meeting O Canada Silent Reflection First Nations Acknowledgment Disclosure of Pecuniary Interest and General Nature Thereof

Council Consent Agenda: The following resolutions have been prepared to facilitate Council’s consideration of various matters and are suggested for consideration. If Council wishes to address a specific report in isolation of the Consent Agenda, please identify the item. It will be extracted and dealt with separately as part of the Items for Discussion.

IDE-2019-90 Decision Report 51-53 College Avenue West Zoning By-law Amendment File: OZS19-003 Ward 5

Recommendation:

That the application submitted by A.J. Lakatos Planning Consultant on behalf of the Owner, Fabpiovesan Holdings Inc., to amend the Zoning By-law from the “Residential Single Detached” (R.1B) Zone to a “Specialized Residential Semi-detached/Duplex” (R.2-30) Zone to recognize the existing semi-detached dwelling on the property municipally known as 51-53 College Avenue West, and legally described as Part of Lot 8, Registered Plan 283, City of Guelph, be approved in accordance with the proposed zoning and details outlined in Attachment 5 of Infrastructure, Development and Enterprise Services Report IDE-2019-90, dated September 9, 2019.

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IDE-2019-93 Redevelopment Incentive Reserve Grant Application for 120 Huron Street

Recommendation:

1. That the Redevelopment Incentive Reserve grant application for the conservation of the historic industrial heritage building at 120 Huron Street be approved in principle to an amount not to exceed a total upset limit of $1.7M payable following project completion as per the Heritage Redevelopment Reserve Policy (2007).

2. That the City Solicitor be directed to prepare a comprehensive Tax Increment Based Grant Financial Assistance Agreement between the owner and the City of Guelph to the satisfaction of the General Manager of Finance.

3. That as part of requirements of the Financial Assistance Agreement, the City and owner conclude the designation process for the property under Part IV of the Ontario Heritage Act as well as enter into a Heritage Conservation Easement Agreement for the industrial heritage building at 120 Huron Street to the satisfaction of the General Manager of Planning and Building Services and the City Solicitor prior to any grant payments being issued to the owner.

4. That Council commit to continue contributions to the redevelopment incentives reserve up to an additional $1.4 million over the original $33 million approved in 2012.

IDE-2019-97 Brownfield Redevelopment Financial Incentives –

71 Wyndham Street South Recommendation:

1. That the application by Tricar Properties Limited for a Tax Increment-Based Grant (TIBG), pursuant to the Brownfield Redevelopment Community Improvement Plan, and applying to 71 Wyndham Street South, be approved to an upset limit of $1,488,890, provided the property be redeveloped and reassessed at a higher value prior to March 25, 2024.

2. That the request by Tricar Properties Limited for late payment of Development Charges pertaining to the redevelopment of 71 Wyndham Street South be approved in accordance with the framework included in this report up to limit indicated in #1.

3. That staff be directed to prepare agreement(s) to implement the Tax

Increment Based Grant and Development Charges late payment.

4. That the Mayor and Clerk be authorized to execute the agreement(s).


Public Meeting to Hear Applications Under Sections 17, 34 and 51 of The Planning Act (delegations permitted a maximum of 10 minutes) IDE-2019-86 Statutory Public Meeting Report 167 Alice Street

Proposed Zoning By-law Amendment File: OZS19-006 Ward 1

Staff Presentation: Ryan Mallory, Planner II, Development and Urban Design Recommendation:

That Report IDE-2019-86 regarding proposed Zoning By-law Amendment application submitted by Black, Shoemaker, Robinson and Donaldson Limited on behalf of the owner, Adam Albert Ross Bebuck and Jiyeon Oh to recognize the existing detached dwelling and permit the development of two new single detached residential dwellings on lands municipally known as 167 Alice Street, and legally described as Part Lots 156 and 157, Registered Plan 293, City of Guelph from Infrastructure, Development and Enterprise Services dated September 9, 2019, be received.

IDE-2019-94 Statutory Public Meeting: City Initiated Official Plan

Amendment for the Commercial Policy Review Staff Presentation: Melissa Aldunate, Manager, Policy Planning and Urban Design Recommendation:

That Report IDE-2019-94 regarding a City-initiated Official Plan Amendment for the Commercial Policy Review dated September 9, 2019 be received.

Special Resolutions By-laws

Resolution to adopt the By-laws (Councillor Salisbury).

Mayor’s Announcements

Please provide any announcements, to the Mayor in writing, by 12 noon on the day of the Council meeting. Notice of Motion Adjournment

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Staff

Report

To City Council

Service Area Infrastructure, Development and Enterprise Services

Date Monday, September 9, 2019

Subject Decision Report 51-53 College Avenue West

Zoning By-law Amendment File: OZS19-003

Ward 5

Report Number IDE-2019-90

Recommendation

That the application submitted by A.J. Lakatos Planning Consultant on behalf of the

Owner, Fabpiovesan Holdings Inc., to amend the Zoning By-law from the “Residential Single Detached” (R.1B) Zone to a “Specialized Residential Semi-

detached/Duplex” (R.2-30) Zone to recognize the existing semi-detached dwelling on the property municipally known as 51-53 College Avenue West, and legally

described as Part of Lot 8, Registered Plan 283, City of Guelph, be approved in accordance with the proposed zoning and details outlined in Attachment 5 of Infrastructure, Development and Enterprise Services Report IDE-2019-90, dated

September 9, 2019.

Executive Summary

Purpose of Report

This report provides a staff recommendation to approve the application to amend the Zoning By-law to a “Specialized Residential Semi-detached/Duplex” (R.2-30) Zone to recognize the existing semi-detached dwelling on the property known as

51-53 College Avenue West.

Key Findings

Planning staff support the proposed Zoning By-law amendment subject to the proposed zoning and details in Attachment 5.

Financial Implications

No new development is proposed. The existing annual tax levy is not anticipated to

be impacted by this Zoning By-law amendment application.

Development Charges do not apply since no development is proposed through this application.

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Report

Background

An application to amend the Zoning By-law was received for the property municipally known as 51-53 College Avenue West from A.J. Lakatos Planning

Consultant on behalf of the owner, Fabpiovesan Holdings Inc. on March 12, 2019 and deemed to be complete on April 11, 2019. The intent of the application is to

change the zoning from the “Residential Single Detached” (R.1B) Zone to a “Specialized Residential Semi-Detached/Duplex” (R.2-30) Zone to recognize the existing semi-detached dwelling and to permit an accessory apartment on each side

of the semi-detached dwelling in the future. No development is proposed through this application. This application, if approved, will allow for a future consent to

sever application to the Committee of Adjustment to facilitate the sale of the existing semi-detached dwelling as two individual units.

A statutory public meeting of Council was held on June 10, 2019 and no public

delegations or written submissions were received.

Location

The subject property is located on the north side of College Avenue West between Caledonia Street and Borden Street (see Attachment 1 and Attachment 2 - Location

Map and Aerial Photograph). The subject property has an area of approximately 639 square metres and a frontage of approximately 17 metres along College Avenue West. The property is currently developed with an existing semi-detached

dwelling.

Surrounding land uses include:

• To the north, beyond the rear property line are single detached residential dwellings;

• To the east, single detached residential dwellings;

• To the south, College Avenue West beyond which are lands zoned for institutional uses;

• To the west, single detached and semi-detached residential dwellings.

Existing Official Plan Land Use Designation and Policies

The Official Plan land use designation that applies to the subject property is “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 and includes single and semi-detached dwellings. The land use designations and relevant policies contained in

the Official Plan are included in Attachment 3.

Existing Zoning

The subject property is currently zoned “Residential Single Detached” (R.1B),

according to Zoning By-law (1995)-14864, as amended.

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Description of Proposed Zoning By-law Amendment

The purpose of the proposed Zoning By-law amendment is to change the zoning from “Residential Single Detached” (R.1B) to a “Specialized Residential Semi-

Detached/Duplex” (R.2-30) zone to recognize the existing semi-detached dwelling.

In addition to the regulations set out in Section 5.2 – Residential Semi-Detached/Duplex (R.2) zone of Zoning By-law (1995)-14864, as amended, the

following additional specialized regulations have been requested to recognize a number of non-complying items on the subject property and facilitate the parking

requirements for accessory apartments.

51 College Avenue West:

To permit a minimum front yard of 0.36 metres, whereas the Zoning By-law

requires a minimum front yard of 6 metres; To permit a minimum side yard of 2.5 metres, whereas the Zoning By-law

requires a minimum side yard of 3 metres; To permit a minimum driveway width of 2.5 metres, whereas the Zoning By-

law requires a minimum driveway width of 3 metres;

To permit 0 metres of landscaped open space between the side lot line and driveway, whereas the Zoning By-law requires a minimum landscaped open

space of 0.6 metres between the side lot line and driveway; To permit the required parking space to be 0.36 metres from the street line

and to the rear of the front wall of the main building, whereas the Zoning By-

law requires a parking space to be setback 6 metres from the street line and to the rear of the front wall of the main building;

To permit three off-street parking spaces in a stacked arrangement for a dwelling with an accessory apartment, whereas the Zoning By-law allows a

maximum of two parking spaces in a stacked arrangement; To permit the existing concrete front porch to be located 0 metres from the

lot line, whereas the Zoning By-law requires a minimum 0.8 metre setback

from the lot line.


To permit a minimum front yard of 0.41 metres, whereas the Zoning By-law requires a minimum front yard of 6 metres;

To permit the required parking space to be 0.41 metres from the street line

and to the rear of the front wall of the main building, whereas the Zoning By-law requires a parking space to be setback 6 metres from the street line and

to the rear of the front wall of the main building; To permit three off-street parking spaces in a stacked arrangement for a

dwelling with an accessory apartment, whereas the Zoning By-law allows a

maximum of two parking spaces in a stacked arrangement; To permit the existing concrete front porch to be located 0 metres from the

lot line, whereas the Zoning By-law requires a minimum 0.8 metre setback from the lot line.

Proposed Development

The applicant is not proposing any new development on the subject property as part of this application. The Zoning By-law Amendment will allow an accessory

apartment to be created on each side of the existing semi-detached dwelling and

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will allow the semi-detached dwelling to be sold as individual units after a future Consent application is approved.

The applicant’s existing development plan is shown in Attachment 6.

Staff Review and Planning Analysis

The staff review and planning analysis for this application is provided in Attachment

7. The analysis addresses all related planning considerations, including issues that were raised by Council at the statutory Public Meeting held on June 10, 2019. Final

comments on the revised proposal from internal City departments and agencies are included in Attachment 8. The staff review and planning analysis addresses the following:

Evaluation of the proposal in accordance with the policies of the 2014 Provincial Policy Statement and A Place to Grow: Growth Plan for the Greater

Golden Horseshoe (2019); Evaluate how the application conforms to the March 2018 Consolidated

Official Plan land use designations and policies;

Review of the proposed zoning and specialized site-specific provisions; Consideration of the applicable sections of the Community Energy Initiative

(CEI) Update; and Address all comments and issues raised during the public review of the

applications.

Staff Recommendation

Planning staff are satisfied that the recommended Zoning By-law Amendment is

consistent with the Provincial Policy Statement and conforms to the 2019 Growth Plan. 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 conditions outlined Attachment

5.


No new development is proposed. The existing annual tax levy is not anticipated to be impacted by this Zoning By-law amendment application.

Development charges do not apply since no new development is proposed through

this application.

Consultations

Comments received from public agencies and City departments during the review of the application are summarized in Attachment 8. Key dates for the planning

application public process are included in Attachment 9.

Corporate Administrative Plan

Overarching Goals

Service Excellence

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Service Area Operational Work Plans

Our People - Building a great community together

Attachments

Attachment-1 Location Map and 120m Circulation

Attachment-2 Aerial Photograph

Attachment-3 Official Plan Land Use Designation and Policies

Attachment-4 Existing Zoning

Attachment-5 Proposed Zoning and Details

Attachment-6 Existing Development Plan

Attachment-7 Staff Review and Planning Analysis

Attachment-8 Departmental and Agency Comment Summary

Attachment-9 Public Notification Summary

Departmental Approval

Not applicable.

Report Author

Abby Watts, Development Planner I

Approved By

Chris DeVriendt, MCIP, RPP

Manager of Development Planning

Approved By

Todd Salter, MCIP, RPP General Manager

Planning and Building Services Infrastructure, Development and Enterprise Services

519 822 1260, extension 2395 [email protected]

Recommended By

Kealy Dedman, P.Eng., MPA Deputy Chief Administrative Officer

Infrastructure, Development and Enterprise Services 519 822 1260 extension 2248

[email protected]

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Attachment-1:

Location Map and 120m Circulation

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Attachment-2:

Aerial Photograph

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Attachment-3:

Official Plan Land Use Designation and Policies

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Attachment-3 (continued):

Official Plan Land Use Designation and Policies

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 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 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.

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Attachment-4:

Existing Zoning

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Attachment-5:

Proposed Zoning and Details

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Specialized Residential Semi-Detached/Duplex (R.2-30) Zone

Regulations

In accordance with Section 4 (General Provisions) and Section 5.2 and Table 5.2.1 (Regulations Governing R.2 Zones) of Zoning By-law (1995)-14864, as amended,

with the following exceptions:


To permit a minimum front yard of 0.36 metres; To permit a minimum side yard of 2.5 metres; To permit a minimum driveway width of 2.5 metres;

To permit 0 metres of landscaped open space between the side lot line and driveway;

To permit the required parking space to be 0.36 metres from the street line and to the rear of the front wall of the main building;

To permit three off-street parking spaces in a stacked arrangement for a

dwelling with an accessory apartment; and, To permit the existing concrete front porch to be located 0 metres from the

lot line.


To permit a minimum front yard of 0.41 metres;

To permit the required parking space to be 0.41 metres from the street line and to the rear of the front wall of the main building;

To permit three off-street parking spaces in a stacked arrangement for a dwelling with an accessory apartment; and,

To permit the existing concrete front porch to be located 0 metres from the

lot line.

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Attachment-6:

Existing Development Plan

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Attachment-7:


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. All planning decisions shall be

consistent with the PPS. Section 1.0 of the PPS – Building Strong and 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.

Section 1.1.1 of the PPS speaks to accommodating an appropriate range and mix of

residential uses (including second units, affordable housing and housing for older persons) and focusing growth within settlement areas. Section 1.1.3.2 outlines that land use patterns within settlement areas shall be based on densities and a mix of

land uses which efficiently use land and resources and which are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned

or available, and avoid the need for their unjustified and/or uneconomical expansion. Section 1.1.3.3 also promotes opportunities for intensification and redevelopment where it can be accommodated taking into account existing building

stock or areas.

The purpose of this application is to place the existing semi-detached dwelling in an R.2 zone, which is more appropriate for the existing building type. The existing semi-detached dwelling is on full municipal services and is using existing

infrastructure and public service facilities. This amendment can be considered a “technical” zone change to correct the zoning on this property and recognize an

existing situation. The proposed Zoning By-law amendment is consistent with the policies of the 2014

Provincial Policy Statement.

A Place to Grow: Growth Plan for the Greater Golden Horseshoe

The Growth Plan (2019) provides a framework for managing growth in the Greater Golden Horseshoe area, works to support the achievement of complete

communities and ensure that land will be available to accommodate forecasted population and employment growth.

The Zoning By-law amendment application is to recognize an existing semi-detached dwelling and no new development is proposed as part of this application.

This application does not conflict with the policies of the Growth Plan.

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Conformity with the Official Plan

The Official Plan land use designation that applies to the subject property is “Low

Density Residential”. This designation applies to residential areas within the built-up area of the city that are predominantly low density in character. The permitted uses

within this designation include: detached, semi-detached and duplex dwellings as well as multiple unit residential buildings such as townhouses and apartments.

The proposed Zoning By-law amendment will recognize an existing semi-detached dwelling which is a permitted use within the “Low Density Residential” land use

designation and is therefore considered to conform to the policies of the Official Plan.

Proposed Zoning

The applicant has requested that the zoning on the subject property be changed to a “Specialized Residential Semi-Detached/Duplex” (R.2-30) zone to recognize the

existing semi-detached dwelling. A number of specialized regulations have been requested to recognize the existing situation. Staff have no concerns with the

requested specialized regulations as they represent an existing situation within an older area of the city. It is common for buildings in older areas of the city to not meet today’s Zoning By-law standards.

Statutory Public Meeting Comments

At the Public Meeting on June 10, 2019, concerns were raised by Council related to

the specialized regulation to allow no landscaped open space between the driveway and the right side lot line for 51 College Avenue West, when the Zoning By-law requires 0.6 metres of landscaped open space. Additional concerns were raised

related to the narrowing of the driveway at 51 College Avenue West and allowing three stacked parking spaces for accessory apartments when the By-law only allows

two parking spaces to be stacked. 51-53 College Avenue West represents an existing situation in an older built-up

area of the city. The existing semi-detached dwelling is considered legal non-complying as it was built prior to current regulations being in place.

The Zoning By-law requires landscaped open space between the driveway and lot line to minimize visual impact of driveways along the streetscape. Staff are satisfied

that the proposed specialized regulations meet the intent of the Zoning By-law as it represents an existing situation and no new development is proposed. The driveway

does not have a negative impact to the streetscape and is not out of character for the neighbourhood.

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The driveway located at 51 College Avenue West narrows from 3.02 metres at the front of the property to 2.56 metres towards the rear property. Staff are satisfied

that the property can still accommodate three parking spaces as each exterior parking space is 2.5 metres wide by 5.5 metres in length, which meets the Zoning By-law requirements. An existing fence provides a visual barrier from the driveway

to the neighbouring property.

Accessory apartments are proposed in both 51 and 53 College Avenue West. A specialized zoning regulation is required in order to accommodate the three required parking spaces in a stacked arrangement. Staff is supportive of three

stacked parking spaces in R.2 zones where driveway widths are not large enough to accommodate two parking spaces side by side. Allowing three stacked parking

spaces ensures that driveways are not widened and vehicles are not parked on the front lawn. Three stacked parking spaces will not have an adverse impact on the operation and flow of traffic on College Avenue and there are no negative impacts

from a land use planning perspective.

The requested specialized zoning regulations are based on an existing condition that is similar to many older areas of the city and is compatible with the surrounding residential neighbourhood. Staff are satisfied that the proposed

regulations meet the intent of the Zoning By-law.

Community Energy Initiative Update

This application was received prior to Council endorsing the Community Energy Initiative (CEI) Update targets in May 2019, including Technical Action 3 relating to retrofitting existing buildings. Staff has brought this action to the applicant’s

attention and the applicant has confirmed that all appliances have been upgraded to energy star appliances and all new windows are double glazed. The owner is also

considering solar panels in the future.

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Attachment-8:

Departmental and Agency Comment Summary

Respondent

No Objection

or Comment

Conditional

Support Issues /Concerns

Planning

√

Engineering*

√

Engineering conditions for road widening and

encroachment of front porch will be imposed during the Committee of Adjustment

process for severance.

Parks Planning*

√

Payment in lieu of conveyance

of parkland will be required for the future severance

application to the Committee of Adjustment.

Zoning* √

Alectra Utilities √

Upper Grand District School Board* √

Guelph Police Service √

Union Gas Ltd. √

*Letter/memo attached

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Departmental and Agency Comment Summary 37

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MEMO Making a Difference

3. Environmental: The City considers this application as a minor Rezoning application, such as for applications that arc not introducing a more sensitive land use within the existing building/ development. Therefore, we require the applicant to provide a Site Screening Questionnaire (SSQ) at minimum, and a phase One Environmental Site Assessment (ESA) or other studies may or may not be required depending on the information in the SSQ. Please note that the SSQ will be required and shall be provided to the City during the Committee of Adjustment application process. Please see the link below, and find the SSQ within appendix B o f the City of Guelph Guidelines for Development of Contaminated or Potentially Contaminated Sites. http: I lguelph.cal wp-contentl uploads IDevelopmentGuidelinesContaminatedSites.pd f

4. Staff Conclusion I Recommendations:

Engineering has no concerns with the zone change application. However, please be advised that engineering conditions will be imposed during the Committee of Adjustment process. The following conditions are provided as info.rmation to Council and will be imposed through the Committee of Adjustment (severance application.)

1. That the developer shall deed a 3. 787 metres wide road widening on the frontage of the subject site on College Ave West, at no cost to the City, free of all encumbrances and at no risk to public heald1 and safety and to environment prior the issuance of Certificate o f Official.

2. The front porch is located within the proposed road widening along College Avenue West and as such, an encroachment agreement will be required for the porch prior to issuance of Certificate of O fficial.

3. The developer shall complete the SSQ prior to issuance of Certificate of Official.

?& Terry~ Manager, Infrastructure, Development & E nvironmental Engineering

Page 2 of 2

Shophan Daniel Engineering Technologist III, Development & Environmental Engineering

Infrastructure, Development 8t Environmental Engineer ing

Engineering and Transportation Services

T 519-837-5604 F 519-822-6194

[email protected]

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Departmental and Agency Comment Summary

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Attachment-9:

Public Notification Summary

March 12, 2019 Application received by the City of Guelph

April 11, 2019 Application deemed complete

April 16, 2019 Notice of Complete Application mailed to prescribed agencies and surrounding property owners within 120 metres

May 16, 2019 Notice of Public Meeting mailed to prescribed agencies and

surrounding property owners within 120 metres and

advertised in the Guelph Tribune

June 10, 2019 Statutory Public Meeting of Council September 9, 2019 City Council Meeting to consider staff recommendation

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Staff

Report

To City Council



Subject Redevelopment Incentive Reserve Grant Application for 120 Huron Street


Recommendation

1. That the Redevelopment Incentive Reserve grant application for the conservation of the historic industrial heritage building at 120 Huron Street be approved in principle to an amount not to exceed a total upset limit of $1.7M

payable following project completion as per the Heritage Redevelopment Reserve Policy (2007).

2. That the City Solicitor be directed to prepare a comprehensive Tax Increment Based Grant Financial Assistance Agreement between the owner and the City of Guelph to the satisfaction of the General Manager of Finance.

3. That as part of requirements of the Financial Assistance Agreement, the City and owner conclude the designation process for the property under Part IV of the

Ontario Heritage Act as well as enter into a Heritage Conservation Easement Agreement for the industrial heritage building at 120 Huron Street to the satisfaction of the General Manager of Planning and Building Services and the

City Solicitor prior to any grant payments being issued to the owner.

4. That Council commit to continue contributions to the redevelopment incentives

reserve up to an additional $1.4 million over the original $33 million approved in 2012

Executive Summary

Purpose of Report

To recommend to Council the approval of a Heritage Redevelopment Reserve grant

as a contribution to the costs of the repair and rehabilitation of the historic industrial building at 120 Huron Street. This commitment of support is being sought

to assist the developer in an opportunity to achieve an adaptive reuse that conserves many of the heritage-character defining elements of the building.

Key Findings

Council established the Heritage Redevelopment Reserve (HRR) Policy in 2007 to support the redevelopment and restoration of designated heritage

properties through a Tax Increment Based Grant (TIBG) approach.

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The Redevelopment Incentives Reserve used in part to support the HRR program was largely committed in 2014, however with early projects being completed and reassessed, some previously committed funds are available

for award. To date $3,460,069 has been awarded in TIBG grants supporting heritage

conservation. 120 Huron Street has significant cultural heritage value that would be eligible

for consideration. The building has been studied through a Heritage Impact

Assessment and a Conservation Plan required through rezoning of the site.


As of August 2019, there is currently $306,000 available and uncommitted in the

consolidated Redevelopment Incentives Reserve for new applications. The approval of this project will require an additional $1.4 M to be funded over the life of the TBIG payments. According to the interim financial approach presented with the

Brownfield CIP in 2018, new funding becomes available for new TIBG grant commitments in 2022, which will be sufficient to cover the $1.4 million grant. The

recommended interim financial approach is based on the concept of holding the 2021 base budget contribution of $3.5 million per year to the Redevelopment Reserve into the future, subject to budgetary indexing. If Council does not approve

the ongoing funding strategy this application for 120 Huron Street will require commitment from Council to contribute an additional $1.4 million to the

Redevelopment Incentive Reserve over the life of the TIBG payments.

The financial assistance details will be further analyzed and confirmed through additional property assessment analysis by MPAC, however the amount of the

contribution will not exceed the upset limit.

Report

Provisions of the Ontario Heritage Act allow Council to provide financial support for

appropriate alteration of designated heritage property.

Section 39(1) of Part IV of the Ontario Heritage Act,

…the council of a municipality may pass by-laws providing for the making of a grant or loan to the owner of a property designated under this Part for the purpose of paying for the whole or any part of the cost

of alteration of such designated property on such terms and conditions as the council may prescribe.

The City of Guelph’s Heritage Redevelopment Reserve (HRR) Policy was established in 2007 and continues now as part of the Redevelopment Incentives Reserve to

provide support for renovation projects that would involve the restoration of designated heritage properties through a tax increment-based grant (TIBG) structure. That is, proponents undertake and complete the projects and upon

reassessment by MPAC the City provides the tax difference created, back for up to ten years. The City has proactively funded the Reserve so that a project’s taxes

contribute immediately to General Revenue, separate from the grant payment schedule.

Funds from the Redevelopment Incentives Reserve can be used to provide financial

assistance to property owners who wish to undertake projects to develop or

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renovate property that would involve the restoration or refurbishment of heritage elements of the property. The City’s contribution is used solely to offset the allowable project costs for work on heritage character-defining elements of the

property and various design enhancements on new aspects of the project to ensure compatibility with the heritage elements. Funds are not to be used for new

construction or restoration of existing buildings with no heritage resources.

To date, the Heritage Redevelopment Reserve and Redevelopment Incentives Reserve has entered into agreements provided financial support to the following

designated heritage properties:

Table 1: Grants made prior to Heritage Redevelopment Reserve Policy

Year Property Name Address Grant Amount

2002 Mill Lofts 26 Ontario St $711,500

2005 Stewart Mill 60 Cardigan St $775,000

Table 2 - Grants made under Heritage Redevelopment Reserve Policy

Year Property Name Address Grant Amount

2007 Gummer Bldg

Victoria Hotel Bldg Stewart Drugs Bldg

1-7 Douglas St

67-71 Wyndham St N 65 Wyndham St N

$1,500,000

2008 Stelle (Wellington Cakes)

9 Douglas St $26,700

2016 Petrie Building 15 Wyndham St N $91,000

2016 Metalworks Heritage Complex*

43 Arthur St S $1,200,000

* Financial Assistance Agreement nearing completion.

Allowable Costs for projects involving heritage conservation under the

Redevelopment Incentives Reserve:

Costs permitted for reimbursement on qualifying projects may include:

1. 100% of the cost of heritage retention measures;

2. 50% of the cost of enhanced design elements that provide better compatibility of the required new work to the existing heritage resource;

3. 50% of the cost of architectural, structural and environmental consultants including testing and inspections necessary to determine the heritage

retention and adaptive re-use potential of the property.

The specific costs and terms to be reimbursed in each instance would be detailed in

a comprehensive Financial Assistance Agreement between the applicant and the City of Guelph.

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Status of the Redevelopment Incentives Reserve

The Redevelopment Incentives Reserve facilitates the administration of the TIBG

program that supports the Heritage Reserve Policy, Brownfield CIP and the Downtown CIP. In 2012, Council approved a $33 million contribution to the Redevelopment Incentive Reserve, to be built up over a period of 10 years, that

was completely committed to eligible projects by 2014. Since 2014, completed projects have come on line but due to project costs or post improvement

assessment, will receive less than what was forecasted in 2014. With the completion of early TIBG supported projects, their reassessments having been established by MPAC and construction costs finalized, this has freed up program

funds that can now be awarded to new projects. Currently, there is $306 thousand available in the Redevelopment Incentive Reserve.

Historic Significance of 120 Huron Street

120 Huron LP is the applicant and owner of 120 Huron Street.

The heritage building at 120 Huron Street is significant in terms of cultural heritage value as well as Guelph’s local history. The building is a prominent example of early 20th century industrial Guelph and has long been a landmark building at Huron and

Alice Streets. Having this type of building rehabilitated and put back in to productive use will be a major accomplishment for the community.

Staff are estimating that the potential upset limit of the tax difference created by this adaptive re-use could be up to $1.7M. The eligible restoration costs that could be funded through the Redevelopment Incentives Reserve are estimated at

approximately $1.684M. In total, the adaptive reuse of the building is estimated to be over $28M in construction value, not including tenant improvements.

Staff are recommending as a standard requirement that the proponent agree to the designation of the property under the Ontario Heritage Act as well as enter into a Heritage Conservation Easement with the City to protect the property in the long

term.

The following is the statement of cultural heritage value and list of heritage

character-defining elements from the Conservation Plan by CHC Limited (dated March 2019).

120 Huron Street has a grand, solid, and handsome exterior. The former factory

building at 120 Huron Street has design or physical value as it is a representative example of a style, type, expression, material or construction method,

demonstrating a degree of technical achievement.

Whether or not the building employs the Kahn System of reinforced concrete is not known; however there are similarities with Kahn’s industrial buildings.

Its association with J. G. Smith, George Drew and members of the Kennedy family, all of whom were significant to the community, give it historical or associative

value.

It has contextual value in that it is physically and visually linked to its surroundings. It is important in defining, maintaining and supporting the character of The Ward.

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Heritage Attributes

•reinforced concrete structure (posts and beams), roof parapet, ‘breakfront’ design feature on west elevation

•red brick panels between columns

•window openings with multi-pane style windows

•concrete front entrance stair

•interior mushroom-shaped concrete support posts

Proposed Project Restoration Plan

120 Huron Street is currently listed as a non-designated property on the Municipal Register of Cultural Heritage Properties. As required by conditions of approval for

rezoning, 120 Huron LP has completed a Cultural Heritage Impact Assessment which has been supported by Heritage Guelph and has assisted staff in identifying

the heritage character-defining elements of the building that would be protected by a future heritage designation bylaw under Part IV of the Ontario Heritage Act. 120 Huron LP has also completed a Cultural Heritage Conservation Plan which will guide

the proposed adaptive reuse and rehabilitation of the heritage building.

The following are the proposed interventions that would be guided by the

Conservation Plan:

Redevelopment Incentives Reserve Application for 120 Huron Street

The total project cost for the adaptive reuse of the vacant heritage building is estimated to be upwards of $28M. This does not include tenant improvements.

The eligible renovation costs as reviewed by staff are estimated at $1.684M. The eligible upset amount for a grant from the Heritage Redevelopment Reserve is

currently estimated at $1.7M. This figure is being further analysed by MPAC and will

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be refined through the development of the project and financial agreements established should Council approve the direction.

Address Proposed Improvement

Estimated Total

Project Cost

Estimated Total Eligible Restoration

Costs

Estimated 10-Year

Property Tax Increase

Grant Upset Limit

Request

120 Huron

Street

Heritage

Building

Restoration &

Adaptive Reuse

$28M

(Not Including Tenant

Improvements)

$1.684M $2.43M

($243,000/yr increase in tax productivity,

still to be confirmed

through MPAC)

$1.7M


As of August 2019, there is currently $306,000 available and uncommitted in the consolidated Redevelopment Incentives Reserve for new applications. The approval of this project will require an additional $1.4M to be funded over the life of the TBIG

payments. According to the interim financial approach presented with the Brownfield CIP in 2018, new funding becomes available for new TIBG grant

commitments in 2022, which will be sufficient to cover the $1.4 million grant. The recommended interim financial approach is based on the concept of holding the

2021 base budget contribution of $3.5 million per year to the Redevelopment Reserve into the future, subject to budgetary indexing. If Council does not approve the ongoing funding strategy this application for 120 Huron St. will require

commitment from Council to contribute an additional $1.4 million to the Redevelopment Incentive Reserve over the life of the TIBG payments.

The financial assistance details will be further analyzed and confirmed through additional property assessment analysis by MPAC, however the amount of the contribution will not exceed the upset limit.

Consultations

Business Development and Enterprise

Planning and Building Services

Finance


Overarching Goals

Financial Stability

Innovation


Our Resources - A solid foundation for a growing city

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Attachments

Attachment-1 Location of Subject Property and the record of 120 Huron Street from

Municipal Register of Cultural Heritage Properties

Attachment-2 Historical images of 120 Huron Street after its construction and opening as the Northern Rubber Company in the 1920s and a group photo of

employees in front of the building in 1932.

Attachment-3 As-found condition photographs

Attachment-4 Proposed development


James Krauter, Deputy Treasurer/MGR Taxation Revenue, Finance

Report Author

Stephen Robinson, Senior Heritage Planner

Approved By Todd Salter

General Manager Planning and Building Services Infrastructure, Development and

Enterprise Services 519-822-1260 extension 2395

[email protected]

Recommended By

Kealy Dedman, P.Eng., MPA Deputy Chief Administrative Officer

Infrastructure, Development and Enterprise Services 519-822-1260 extension 2248

[email protected]

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Attachment 1 - Location of Subject Property and the record of 120 Huron

Street from Municipal Register of Cultural Heritage Properties

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Attachment 2 - Historical images of 120 Huron Street after its construction

and opening as the Northern Rubber Company in the 1920s and a group photo of employees in front of the building in 1932. (Images from Guelph

Civic Museum)

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Attachment 3 - As-found condition photographs.

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Attachment 4 - Rendering and Site Plan of Proposed Development

(Images: ABA Architects Inc.)

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Staff

Report

To City Council



Subject Brownfield Redevelopment Financial Incentives – 71 Wyndham Street South


Recommendation

1. That the application by Tricar Properties Limited for a Tax Increment-Based Grant (TIBG), pursuant to the Brownfield Redevelopment Community Improvement Plan, and applying to 71 Wyndham Street South, be approved to

an upset limit of $1,488,890, provided the property be redeveloped and reassessed at a higher value prior to March 25, 2024; and

2. That the request by Tricar Properties Limited for late payment of Development Charges pertaining to the redevelopment of 71 Wyndham Street South be approved in accordance with the framework included in this report up to limit

indicated in #1; and

3. That staff be directed to prepare agreement(s) to implement the Tax Increment

Based Grant and Development Charges late payment; and

4. That the Mayor and Clerk be authorized to execute the agreement(s).

Executive Summary

Purpose of Report

The Brownfield Redevelopment Community Improvement Plan (CIP) includes

financial incentive programs intended to stimulate investment in Brownfield properties and achieve environmental, economic and social benefits. The applicant has applied for the Tax Increment-Based Grant (TIBG) program to offset the cost of

investigating and remediating the impacted soil and/or groundwater at 71 Wyndham Street South. The applicant has also requested that the City allow late

payment of development charges for this project. This report responds to those applications.

Key Findings

The TIBG application meets the requirements of the Brownfield Redevelopment CIP TIBG program and staff recommend that a grant be approved to an upset limit of

$1,488,890. Staff also recommend entering into a Development Charges (DC) late payment agreement whereby the DCs are paid using the Tax Increment Based

Grant (TIBG), rather than the TIBG flowing directly to the developer, until DCs are fully recovered.

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Grant payments are funded from the Redevelopment Incentive Reserve. Council

approved an interim approach to funding the Brownfield CIP program based on annual contributions to be funded through the tax levy report #IDE-2018-90, entitled Decision Report: Brownfield Redevelopment Community Improvement Plan

Update, and dated July 9, 2018. The reserve will have sufficient balance to make the forecasted grant payments. The implementing agreements will include provision

that ensure that the grant payment in any given year will not overdraw the Reserve based on the forecast presented in the above noted report.

Report

The City’s Brownfield Redevelopment CIP, updated in 2018, includes financial incentive programs intended to stimulate investment in remediation, reuse and

redevelopment of brownfields. The premise of the CIP is that the City’s investment in the remediation/environmental risk assessment and redevelopment of brownfield

sites will result in proportionally greater improvements to environmental and neighbourhood conditions while creating additional tax revenues in the long-term. More information on the City’s role in encouraging brownfield redevelopment,

including the text of the CIP, is available at guelph.ca/brownfields.

Under the TIBG program, the City can provide annual grants that are based on the

increase in the municipal tax levy (tax increment) resulting from the redevelopment of the site. Once development is complete the property value is reassessed and

taxes are paid by the future property owner(s), 80% of the tax increment is paid for 10 years or until eligible costs are reimbursed, whichever comes first.

Alongside the 2018 review of the Brownfield Redevelopment CIP, staff

recommended that council consider DC late payment requests that are coordinated with TIBGs applications to enhance the overall effectiveness of the City’s brownfield

incentive toolkit, within the following framework:

Brownfield TIBG grant recipients may be eligible to have all or part of their DCs deferred up to the estimated TIBG program eligible costs, or 80% of a

conservative estimate of the tax increment for 10 years, whichever is less. DCs will be recovered with interest by directing TIBG grant payments to the DC

reserve. Late payment agreements are subject to interest at current market rates, plus a

small premium, to ensure the DC reserve funds are compensated for lost

interest revenue, or added interest expense the City will incur as a result of the delayed revenue.

Proponents may or may not elect to use the DC Late payment program in coordination with the TIBG program.

Council approval is required to enter into a DC late payment agreement.

DC late payment agreements will be brought to Council for consideration alongside recommendations to approve Brownfield TIBGs, where applicable.

DC late payments would be collectable as taxes on the property in the event of default.

http://www.guelph.ca/brownfields

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An application for a Tax increment-based Grant (TIBG) under the Brownfield Redevelopment Community Improvement Plan (CIP) and late payment of development charges have been received for the property municipally known as 71

Wyndham Street South (Site).

The Site is approximately 0.382 hectares in size and lands are located on the west

side of Wyndham Street South; between Wellington Street and York Road, and abuts the Speed River on the west side. The Site was formerly used as an automotive service station. There is a multi-unit commercial building on site that is

unoccupied and vacant.

Phase I and Phase II Environmental Site Assessments (ESA) were completed by

XCG consulting. The Phase II ESA found petroleum hydrocarbon (PHC) contamination in both soil and groundwater associated with the former automotive service use, and determined that the Site does not meet environmental standards

for the proposed residential use and commercial uses. Accordingly, XCG prepared a remedial action plan to excavate contaminated soil; construct a caisson wall to

prevent migration of contaminated groundwater from adjacent properties; and to pump and treat PHC-contaminated groundwater during construction.

Official Plan and Zoning By-law amendments to permit the development of a 139

unit, 14 storey apartment building with a ground floor commercial unit were approved by Council on September 10, 2018.


Grant payments are funded from the Redevelopment Reserve. Council approved an

interim approach to funding Brownfield CIP program based on annual contributions to be funded through the tax levy report #IDE-2018-90, entitled Decision Report: Brownfield Redevelopment Community Improvement Plan Update, and dated July

9, 2018. The reserve will have sufficient balance to make the forecasted grant payments.

The developer has indicated that they expect the project to be completed and reassessed by the Municipal Property Assessment Corporation (MPAC) and the first grant to be payable in 2022.

According to the interim financial approach presented in the above noted report, new funding becomes available for new grant commitments in 2022, which will be

sufficient to cover the $1.48 million grant. The recommended interim financial approach to Brownfield TIBGs is based on the concept of holding the 2021 base budget contribution of $3.5 million per year to the Redevelopment Reserve into the

future, subject to budgetary indexing, and allocating half of the incremental funds available to the brownfield TIBGs.

If Council does not approve the ongoing funding strategy this application will require commitment from Council to contribute an additional $1.48 million to the

Redevelopment Incentive Reserve over a 4 year period.

The implementing agreements will include provision that ensure that the grant payment in any given year will not overdraw the Reserve based on the forecast

presented in the above noted report.

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Recommendation

Tax Increment Based Grant

Staff reviewed the TIBG application and determined that it meets the requirements of the TIBG program and recommend that the application be approved to an upset limit of $1,488,890.

80% of the 10-year tax increment expected to be generated by the revised project and available to fund the grant, as described in the background section of this

report, is approximately $4.46 million.

The owners have submitted a remedial work plan that sets out the actions necessary to clean up the site. Staff reviewed the remedial work plan and other

engineering cost estimates in consultation with the applicant, and have identified an estimated amount of $1,488,890 in eligible costs as outlined in Attachment 1. Since

the estimated eligible costs are less than the estimated available tax increment, staff recommend that the estimated eligible costs serve as the TIBG’s upset limit. The applicant has proposed a proven approach to site remediation which includes

excavation and off-site disposal of contaminated soil and pumping/treatment of contaminated groundwater.

Late Payment of Development Charges

DCs are fees levied on new development to help recover the cost of the growth related infrastructure require to accommodate new population.

The new Brownfield CIP includes a provision for Development Charge (DC) late payment agreements, which allow an applicant to defer their DCs owing from the

time of building permit issuance to a period of up to 10 years after project completion.

The DC owing will be paid through the application of the annual TIBG amount

against the outstanding DC receivable, until such time that the DCs are paid in full with applicable interest. The amount of DCs deferred will not exceed the lesser of:

eligible costs, ten years of post improvement increment, or the upset limit set out in the agreement. Once the DCs owing are paid in full including all applicable interest, the applicant will begin to receive an annual payment equal to their post

improvement increment, up to the lesser of: eligible costs, the 10 year post improvement period or the upset limit set out in the agreement.

The estimated quantum of the potential DCs owing on Tricar’s proposed 140 unit redevelopment project is in the area of $2.7 million, based on the current 2 bedroom apartment rate of $19,478 per unit, however the DCs owing will be

calculated using the rates in effect at first building permit issuance, as prescribed by the City’s DC Bylaw. Because eligible costs have been estimated at $1.48

million, the DC late payment agreement will only apply to the first $1.48 million of DCs owing, and the balance of the DCs owing will be due at building permit

issuance.

In the event that the project does not generate enough increment to pay the DCs owing, the balance of the receivable will be due in the first grant year.

The Provincial government has recently made significant amendments to the Development Charges Act (DCA) through Bill 108: More Homes, More Choice. The

deadline for the City to conform to the new legislation has not been released at this

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time. The financial information relating to the DC late payment agreement reflects the current DC Bylaw (2019)-20372 and may be subject to change depending on the implementation of the new Act.

Consultations

Engineering and Transportation Services

Finance


Overarching Goals

Service Excellence

Financial Stability


Our Services - Municipal services that make lives better


Our Resources - A solid foundation for a growing city

Attachments

Attachment 1 - Estimated Eligible Costs


James Krauter, Manager of Taxation and Revenue/Deputy Treasurer

Report Author

Rino Dal Bello, Program Manager, Downtown Renewal

Christel Gregson, Sr. Corporate Analyst Development, Charges and Long-term Planning

Approved By

Helen Loftin

General Manager

Business Development and Enterprise

Infrastructure, Development and

Enterprise Services

519-822-1260 extension 3567

[email protected]

Recommended By

Kealy Dedman

Deputy Chief Administrative Officer


Enterprise Services

519-822-1260 extension 2248

[email protected]

71 Wyndham Street South Eligible Costs

Service Price Qty Estimated Cost

Phase two Environmental Site

Assessment

Disbursements

Drilling subcontractor(16 shallow boreholes, 4 overburden

monitoring wells, 1 bedrock monitoring well), utility locates,

field supplies, equipment rental, mileage $18,800 1 18,800$

Laboratory Analysis

Soil and groundwater samples including quality

asurance/quality control (QA/QC) samples (10 soil samples

for PHCs/BTEX, 11 soil samples for metals, 9 soil samples for

PAHs, 8 soil samples for pH, 4 soild samples for grain size

analysis, 17 groundwater samples for PHCs/BTEX, metals and

PAHs, 1 waste characterization sample. $8,400 1 8,400$

Labour Field supervision, project managemetn, sampling, report

writing and report. QA/QC $30,700 1 30,700$

Remedial Soil Excavation

Contractor Fees related to excavation of and off-site disposal

of 2.430 cubic metres of non-hazardous soil 620,000$ 1 620,000$

Installation of 80 linear metres of caisson wall to an

estimated depth of 3.7 metres bgs 225,000$ 1 225,000$

XCG Dailey Rate (assuming 8-hours

on-site per day plus sample delivery)

Field observations, project management, sampling, and

disbursements (field supplies, mileage) 1,250$ 16 20,000$

Soil Samples: metals, PHCs(F1-F4) and PAHs (Standard

turnaround time) - 11 samples 410$ 15 6,150$

Soil Samples: metals (standard turnaround time) 13 samples 120$ 27 3,240$

Report Preparation

Report writing, summary of remedial excavation activities to

meet RSC requirements, and report QA/QC 8,300$ 1 8,300$

Subtotal

Assuming 10 Days of field observation and sampling, analysis

of 24 soil samples 882,690$

Construction Dewatering

Project Initiation

Preparation of Sewer Discharge Agreement, completion of

EASR application, coordination with remedial contractor for

water treatment system 12,100$ 1 12,100$

Disbursements

Water treatment system (includes mob-demob, 8 months

rental with 6 media changeouts) 257,600$ 1 257,600$

XCG Daily Rate (assuming 4-hours

on-site)

Field observations and sampling, project management, and

disbursements (field supplies, mileage) 900$ 70 63,000$

Laboratory Analysis per sample

Water discharge samples: City of Guelph sanitary sewer

discharge, PHCs, and PAHs (standard turnaround time) 650$ 324 210,600$

Project Management

Project - Management communication with client, regulatory

agencies, City of Guelph, remedial contractor (groundwater

treatment system) 5,000$ 1 5,000$

Subtotal

Assuming 70 days pf field observations and sampling, and

analysis of 324 water samples 548,300$

Total (excludes Taxes) 1,488,890$

Disbursements

Laboratory Analysis per sample

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Staff

Report

To City Council



Subject Statutory Public Meeting Report 167 Alice Street

Proposed Zoning By-law Amendment File: OZS19-006

Ward 1


Recommendation

That Report IDE-2019-86 regarding proposed Zoning By-law Amendment application submitted by Black, Shoemaker, Robinson and Donaldson Limited on

behalf of the owner, Adam Albert Ross Bebuck and Jiyeon Oh to recognize the existing detached dwelling and permit the development of two new single detached residential dwellings on lands municipally known as 167 Alice Street, and legally

described as Part Lots 156 and 157, Registered Plan 293, City of Guelph from Infrastructure, Development and Enterprise Services dated September 9, 2019, be

received.

Executive Summary

Purpose of Report

To provide planning information on a Zoning By-law Amendment application submitted for the lands municipally known as 167 Alice Street. The purpose of the

proposed Zoning By-law Amendment is to recognize the existing detached dwelling and permit the development of two new single detached residential dwellings. This report has been prepared in conjunction with the Statutory Public Meeting for this

application.

Key Findings

Key findings will be reported in the future Infrastructure, Development and Enterprise Services recommendation report to Council.


Financial implications will be reported in the future Infrastructure, Development and

Enterprise Services recommendation report to Council.

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Report

Background

An application was received from Black, Shoemaker, Robinson and Donaldson Limited on behalf of the owner, Adam Albert Ross Bebuck and Jiyeon Oh to amend

the Zoning By-law for the lands municipally known as 167 Alice Street. The application was received by the City on June 13, 2019 and deemed to be complete

on July 5, 2019.

Location

The subject lands are located at the southwest corner of Alice Street and Morris

Street. The lands are owned as one parcel (see Attachment 1 - Location Map and Attachment 2 – Aerial Photograph). The lands are approximately 0.125 hectares in

size with approximately 30 metres of frontage along Morris Street and approximately 41 metres of frontage along Alice Street.

There is an existing one storey, single detached brick house on the property. The

dwelling is located towards the intersection of Alice Street and Morris Street. The remainder of the property to the west of the house is vacant.

Surrounding land uses include:

To the north: Alice Street, beyond which are lands zoned for and developed with

single detached and semi-detached residential dwellings; To the south: vacant lands zoned for industrial, beyond which is a woodworking

shop and retail outlet (Luke’s Carpentry);

To the east: Morris Street, beyond which are lands zoned for and developed with single detached residential dwellings; and,

To the west: lands zoned for industrial developed with a commercial building, beyond which lies the Guelph Junction Railway line.

Existing Official Plan Land Use Designations and Policies

The Official Plan land use designation that applies to the subject lands is “Mixed Office/Commercial”. This designation is intended to provide a range of uses to

meet the needs of daily living. It allows for a variety of freestanding small-scale commercial, office, residential or mixed-use buildings. The maximum building

height within this designation is four (4) storeys. Residential development may be permitted to a maximum net density of 100 units per hectare.

The relevant policies for the applicable land use designation is included in

Attachment 3.

Existing Zoning

The subject lands are currently zoned “Specialized Industrial” (B.4-1), according to Zoning By-law (1995)-14864, as amended. The existing zoning is shown in Attachment 4.

Proposed Zoning By-law Amendment

The intent of the application is to change the zoning from the “Specialized

Industrial” (B.4-1) Zone to the “Residential Single Detached” (R.1D) Zone to recognize the existing dwelling and permit the development of two new single

detached residential dwellings. The regulations are set out in Table 5.1.2 for the

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“Residential Single Detached” (R.1D) Zone of Zoning By-law (1995)-14864, as amended.

No site-specific zoning regulations have been requested.

The proposed zoning is shown in Attachment 5.

Proposed Development

The applicant is proposing to retain the existing single detached residential dwelling and create two new single detached residential dwelling lots. Future Consent

applications to the Committee of Adjustment will be required to sever the subject lands into separate parcels.

The conceptual site plan is included in Attachment 6.

Supporting Documents

The following information was submitted in support of the application and can be

found on the City’s website under ‘Current Development Applications’:

Planning Justification Report, prepared by Black, Shoemaker, Robinson and

Donaldson Limited, dated June 10, 2019; Conceptual Plan, prepared by Black, Shoemaker, Robinson and Donaldson

Limited, dated June 6, 2019;

Noise and Vibration Feasibility Study, prepared by HGC Engineering, dated March 28, 2018;

Grading and Servicing Plan (GS11) and Grading and Servicing Notes (GS2), prepared by R. J. Burnside & Associates Limited, dated February 2018;

Phase One Environmental Site Assessment, prepared by R. J. Burnside &

Associates dated December 2017; Phase Two Environmental Site Assessment, prepared by R. J. Burnside &

Associates dated June 13, 2019; Tree Preservation Plan (TTP1) and Tree Preservation Details (TPP2), prepared

by Aboud & Associates Inc, dated June 12, 2019

Staff Review

The review of this application will address the following issues:

Evaluation of the proposal against the 2014 Provincial Policy Statement and A Place to Grow: Growth Plan for the Greater Golden Horseshoe;

Evaluation of the proposal’s conformity with the Official Plan; Review of the proposed concept plan; Review of the proposed zoning, including the need for any specialized

regulations; Evaluation of the proposal against the Community Energy Initiative (CEI)

Update; Review of supporting documents submitted in support of the application;

and,

Address all comments and issues raised during the review of the application.

Once the application is reviewed and all issues are addressed, a report from

Infrastructure, Development and Enterprise Services with a recommendation will be considered at a future meeting of Council.

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Financial implications will be reported in the future staff recommendation report to

Council.

Consultations

The Notice of Complete Application was mailed on July 19, 2019 to local boards and

agencies, City service areas and property owners within 120 metres of the subject lands. The Notice of Public Meeting was mailed on August 14, 2019 to local boards

and agencies, City service areas, property owners within 120 metres of the subject lands and any other interested parties who requested notification. The Notice of Public Meeting was also advertised in the Guelph Tribune on August 15, 2019.

Notice of the application has also been provided by signage on the subject lands and all supporting documents submitted with the application have been posted on

the City's website.


This report supports the following goals and work plans of the Corporate Administrative Plan (2016-2018):

Overarching Goals

Service Excellence



Attachments

Attachment 1 - Location Map and 120m Circulation

Attachment 2 - Aerial Photograph

Attachment 3 - Existing Official Plan Land Use Designations and Policies

Attachment 4 - Existing Zoning

Attachment 5 - Proposed Zoning

Attachment 6 - Conceptual Site Plan

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Not applicable.

Report Author Ryan Mallory, MCIP, RPP Planner 2 – Development and Urban

Design

Approved By Chris DeVriendt, MCIP, RPP Manager of Development Planning

Approved By

Todd Salter, MCIP, RPP

General Manager Planning and Building Services Infrastructure, Development and

Enterprise Services 519-822-1260 extension 2395

[email protected]

Recommended By

Kealy Dedman, P. Eng., MPA

Deputy Chief Administrative Officer Infrastructure, Development and Enterprise Services

519-822-1260 extension 2248 [email protected]

of 12

ATTACHMENT 1 - Location Map and 120m Circulation

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LOCATION MAP and CIRCULATION AREA

167 Alice Street

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ATTACHMENT 2 - Aerial Photograph

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ATTACHMENT 3 - Official Plan Land Use Designations and Policies

ELIZABETH ST

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2001 OFFICIAL PLAN MARCH 2018 CONSOLIDATION

LAND USE DESIGNATIONS

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Land Use Designations

low Density Residential

Neighbourhood Commercial Centre

-·-

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ATTACHMENT 3 (continued) - Existing Official Plan Land Use

Designations and Policies

9.4.6 Mixed Office/Commercial

This designation is intended to provide a range of uses to meet the needs of daily living. It allows for a variety of freestanding small-scale commercial, office,

residential or mixed-use buildings.

Permitted Uses

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

i. convenience commercial and small-scale retail commercial;

ii. small-scale office; iii. personal service; and

iv. detached, semi-detached, 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 four (4) storeys.

3. The maximum net density is 100 units per hectare.

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ATTACHMENT 4 - Existing Zoning

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ATTACHMENT 5 - Proposed Zoning

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ATTACHMENT 6 - Conceptual Site Plan

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Staff

Report

To City Council



Subject Statutory Public Meeting: City Initiated Official Plan Amendment for the Commercial Policy Review


Recommendation

That Report IDE-2019-94 regarding a City-initiated Official Plan Amendment for the Commercial Policy Review dated September 9, 2019 be received.

Executive Summary

Purpose of Report

To provide information about the proposed City-initiated Official Plan Amendment to implement the Council approved Commercial Policy Review: Preferred Framework.

This report has been prepared in conjunction with the Statutory Public Meeting for this application.

Key Findings

Key findings will be reported in the future Infrastructure, Development and

Enterprise Services recommendation report to Council.


There are no financial implications as a direct result of the proposed planning

matters.

Report

The City is undertaking a review of the commercial policies in the Official Plan to

provide an updated commercial policy framework for the City that will meet the projected growth needs for 2031 and provide the basis to meet the needs for 2041.

The last commercial policy review update was undertaken in 2006 and resulted in the existing Official Plan commercial policies that planned for commercial needs to 2021.

The Commercial Policy Review consists of the following reports:

1. Commercial Market Analysis and Background report, November 24, 2017

(IDE-2017-130) 2. Commercial Policy Review: Vision and Principles, March 5, 2018 (IDE-2018-

18)

https://guelph.ca/wp-content/uploads/info_items_112417.pdf#page=2

https://guelph.ca/wp-content/uploads/info_items_112417.pdf#page=2

https://guelph.ca/wp-content/uploads/cow_agenda_050318.pdf#page=220

https://guelph.ca/wp-content/uploads/cow_agenda_050318.pdf#page=220

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3. Commercial Policy Review: Draft Policy Alternatives, May 14, 2018 (IDE-2018-57)

4. Commercial Policy Review: Preferred Framework, July 9, 2018 (IDE-2018-94)

5. Commercial Policy Review Preferred Framework Implementation Discussion Paper, April 5, 2019 (IDE-2019-46)

At their meeting of July 9, 2018, City Council directed staff to initiate amendments to the Official Plan and Zoning By-law to implement the Council approved Commercial Policy Review: Preferred Framework. This report presents the proposed

amendments to the Official Plan. As previously reported, the recommendations for amendments to the Zoning By-law to implement the Commercial Policy Review will

be completed through the Comprehensive Zoning By-law Review. This direction was considered through the options review in the discussion paper and it was determined to be the preferred method to implement the zoning changes. This

allows the commercial zoning categories to be reviewed and revised holistically with consideration for both the recommendations of the commercial policy review and

the input received through the consultations on the comprehensive zoning bylaw review.

Location

The proposed Official Plan amendment policy modifications apply to all lands designated within commercial categories in the city of Guelph. The proposed land

use designation changes apply to the following properties: 721, 727, 731, 735, 737 and 739 Woolwich Street; 200 Victoria Road South; 523 York Road; 494-500 York

Road; 540 York Road; 895-919 York Road and 57 Watson Parkway North.

Existing Official Plan Policies

The Official Plan establishes Commercial and Mixed-use designations that are intended to provide a range of uses to meet the needs of daily living and ensure that an adequate supply of commercial land use provided throughout the City. The

policies support the dispersal of commercial uses throughout the City. There are five major land use categories within the commercial and mixed-use development

designations and they are defined by their size and planning function. They include: Community Mixed-use Centre; Mixed-use Corridor; Neighbourhood Commercial Centre; Service Commercial; and Mixed Office/ Commercial.

Reason for the Amendment

To update the commercial policy framework in the Official Plan to implement the

recommendations of the Council approved Commercial Policy Review: Preferred Framework which:

Address the evolution of commercial development into mixed-use areas while protecting commercial space for the long term;

Designate sufficient land for commercial purposes to address the land

shortage to 2041; Protect existing commercial land supply through the introduction of minimum

commercial floor space; commercial function study requirements; and residential density policies;

Provide clarity on the floor space measure by changing it from retail to

commercial; and

https://guelph.ca/wp-content/uploads/council_agenda_051418.pdf#page=82



https://guelph.ca/wp-content/uploads/IDE-2019-46-CommercialPolicyReviewPreferredFrameworkImplementationDiscussionPaper.pdf

https://guelph.ca/wp-content/uploads/IDE-2019-46-CommercialPolicyReviewPreferredFrameworkImplementationDiscussionPaper.pdf

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Allow for intensification of existing Commercial Mixed-use Centres by increasing the maximum commercial floor space permitted.

Proposed Official Plan Amendment

Official Plan Amendment #69 (see Attachment 1) is proposed to implement the Council approved Preferred Framework for the Commercial Policy Review through

the following policy amendments to Chapter 9, Section 9.4:

Changes references to “retail gross floor area” to “commercial gross floor

area”; Changes the name of the land use designation “Community Mixed-use

Centre” to “Commercial Mixed-use Centre”;

Increases the maximum gross floor area of commercial space for three Commercial Mixed-use Centres (Gordon/Clair, Woodlawn/Woolwich and

Paisley/Imperial); Provides a minimum gross floor area of 6,500 square metres of commercial

space for the Commercial Mixed-use Centres;

Increases the maximum commercial gross floor area for Neighbourhood Commercial Centres to 6,500 square metres;

Provides policies to protect against the loss of commercial floor space through the introduction of Commercial Function Study policies, the introduction of floor space index benchmarks and policy that protects existing

commercial space from being reduced by 25% or more; and Provides a residential density policy for the Neighbourhood Commercial

Centres.

The proposed Official Plan amendment modifies Schedule 2 (see Attachment 2 for existing and proposed land use designations) by changing the land use designations

of the following properties:

721, 727, 731, 735, 737 and 739 Woolwich Street: land use designation

proposed to be changed from Service Commercial to Mixed-use Corridor; 200 Victoria Road South: land use designation proposed to be changed from

Neighbourhood Commercial Centre to Commercial Mixed-use Centre;

523 York Road and 494-500 York Road: land use designation proposed to be changed from Service Commercial to Commercial Mixed-use Centre;

540 York Road: land use designation proposed to be changed from Service Commercial and Industrial to Commercial Mixed-use Centre;

895-919 York Road and 57 Watson Parkway North: land use designation

proposed to be changed from Service Commercial to Commercial Mixed-use Centre.

Comments Received on the Discussion Paper

The comments received on the Commercial Policy Review Preferred Framework

Discussion paper are included in Attachment 3.

Silvercreek (Guelph) Developments Limited provided comments supportive of the approach to modify the retail gross floor area to commercial gross floor area as it

preserves and promotes flexibility. They stated concerns with recommendations to change the maximum gross floor area permitted with the Silvercreek Junction

Mixed-use Centre and that they do not feel the proposed minimum of .15 FSI for commercial space is desirable or appropriate for Silvercreek Junction. In response

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to these comments, it is noted that the proposed amendment does not modify the maximum gross floor area permissions for Silvercreek and proposes clarification by modifying Policy 9.4.2.14 to refer to the site-specific policies for Silvercreek

Junction. The .15 FSI is proposed to ensure sufficient commercial space is protected for the long term within the Commercial Mixed-use Centres. Policies are proposed

that would allow for consideration of reductions to commercial floor space through a Commercial Function Study as part of development applications.

J. William Birdsell, Architect with respect to 110 Stevenson Street South provided

comments that the property is designated as Mixed Business in the Official Plan, the property is too small for commercial uses and should be recognized in the

Commercial Policy Review for an alternative use. In response to these comments, it is noted that lands that are designated Mixed Business are within the employment land use categories of the Official Plan and are not within the scope of the

Commercial Policy Review. No action will be taken through the Official Plan amendment for the commercial policy review with respect to this comment.

Zelinka Priamo LTD on behalf of Loblaw Companies Limited provided comments stating that:

the proposed minimum of 6500 square metres is not appropriate for the

Loblaws site at 115 Watson Parkway; that it is unclear whether the commercial space includes the library,

that if a supermarket is established on another site in the vicinity that it would not be warranted on the Loblaws property,

that it is unclear how much of the 6500 square metre minimum would be required on the Loblaw property,

that the .15 FSI policy would result in greater than 6500 square metres being

required on the Loblaw property which is not economically feasible or practical;

that the Commercial Function Study policies remove the FSI test and that the reference to “food stores and drug stores” be changed to “food stores or drug stores” or to “food stores and/or drug stores”.

That the Commercial Function Study policies reference “an appropriate Trade or Study Area” rather than “in the immediate area” and that the community

focal point be changed to include recreation, library or day care”.

In response to the comments from Zelinka Priamo LTD:

The preferred framework established 6500 square metres as the appropriate

minimum commercial floor area to ensure that the designation maintains its planned function for commercial uses for the long term.

The policy for retail gross floor area is proposed to be changed to commercial gross floor area to ensure that it provides flexibility for tenancy; commercial uses do include the library.

The establishment of two new Commercial Mixed-use Centres is intended to increase the range and supply of commercial space in the east end of the

City and provide alternatives should Loblaws not move forward with development of their site.

The minimum amount of commercial floor area required on the Loblaw site

would be determined based on what is existing and approved on all of the sites within the Starwood/Watson designation and ensuring that the policies

for minimum space are met.

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The intent of the Commercial Policy Review is to ensure a long-term supply of commercial lands to meet needs of the community to 2031 and 2041. The Commercial Function Study policy proposed wording states food-store, food

related store and/or drug store. We do not support removal of the .15 FSI test. This is the minimum FSI that would ensure commercial uses are

available for the long term on these sites. Establishing a benchmark of 0.15 FSI allows flexibility in the marketplace to respond to future trends and to integrate non-commercial uses onto mixed-use sites as well as allowing the

ability to address individual site-specific circumstances. The “immediate area” is recommended for the Commercial Function Study to

align with policies for providing daily and weekly shopping at appropriate locations that are accessible by pedestrians and transit users. The commercial land use designations are intended to have commercial as their

focal point and as such, we do not support amending this section of the policy to include other uses as the focal point. Uses such as libraries,

recreation and day care contribute to the mix of uses but should not detract from the intended planned function of meeting daily and weekly shopping needs.

Next Steps

Following the statutory meeting, we will review any comments received and assess

them against the Council approved Commercial Policy Review Preferred Framework, the Provincial Policy Statement and the Growth Plan. A recommendation report will

be presented to Council in Q4 2019.


There are no financial implications as a direct result of the proposed planning matters.

Consultations

Individual meetings were held with those who requested to meet with staff to review the discussion paper. Notice of the Public Meeting was mailed on August 19,

2019 to local boards and agencies, City service areas, key stakeholders and owners of properties that the amendments pertain to. The Public Meeting was advertised in

the Guelph Tribune on August 15, 2019 and on guelph.ca.


Overarching Goals

Service Excellence


Our Services - Municipal services that make lives better


Attachments

Attachment 1 - Proposed Official Plan Amendment for the Commercial Policy Review

Attachment 2 – Existing and Proposed Official Plan Land Use Designations

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Attachment 3 - Comments received on the Commercial Policy Review Discussion Paper


Not applicable

Report Author

Melissa Aldunate, MCIP, RPP

Manager, Policy Planning and Urban Design

Approved By

Todd Salter, MCIP, RPP

General Manager

Planning and Building Services


Enterprise Services

519-822-1260 extension 2395

[email protected]

Recommended By

Kealy Dedman, P.Eng, M.PA

Deputy Chief Administrative Officer


Enterprise Services

519-822-1260 extension 2248

[email protected]

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Attachment 1 – Proposed Official Plan Amendment for the

Commercial Policy Review

Proposed Official Plan Amendment for the Commercial Policy Review

(OPA 69)

Format of the Amendment

This section of Amendment #69 for the Commercial Policy Review sets out

additions and changes to the text and mapping in the Official Plan. Sections of the

Official Plan that are proposed to be added or changed are referred to as "ITEMS" in

the following description. Text that is proposed to be amended is illustrated by

various font types (e.g. struck-out is to be deleted and bold text is to be added).

Unchanged text represents existing Official Plan policy that is being carried forward

that has been included for context and does not constitute part of Amendment #69.

New sections that are proposed to be added to the Official Plan are shown in

standard font type with titles appearing in bold. Italicized font indicates defined

terms or the name of a provincial act or title of a document.

Implementation and Interpretation

The implementation of this amendment shall be in accordance with the provisions

of the Planning Act. The further implementation and associated interpretation of

this amendment shall be in accordance with the relevant text and mapping

schedules of the existing Official Plan of the City of Guelph and applicable

legislation.

Amendment #69 should be read in conjunction with the current Official Plan (2018

Consolidation which is available on the City’s website at guelph.ca, or at the

Planning Services office located at 1 Carden Street on the 3rd Floor.

Details of the Proposed Amendment

ITEM 1: The purpose of ‘ITEM 1’ is to change the reference to Community

Mixed-use Centre in the preamble to Section 9.4 to Commercial Mixed-

use Centre to reflect the change to the designation name.

The preamble to section 9.4 of the Official Plan is hereby amended as follows to

replace the term “Community Mixed-use Centres” with the term “Commercial

Mixed-use Centres”.

9.4 Commercial and Mixed-use Designations

The Commercial and Mixed-use designations are intended to provide a range

of uses to meet the needs of daily living. The commercial policies of this Plan

are supportive of the dispersal of commercial uses throughout the city while

discouraging the creation of strip development. Commercial centres are

intended to be transit-supportive developments linked to surrounding

neighbourhoods by sidewalks and trails. The Community Commercial Mixed-

use Centres and Mixed-use Corridors are intended to develop over time into

distinct areas with centralized public spaces that provide a range of uses

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including, retail and office uses, live/work opportunities and medium to high

density residential uses.

ITEM 2: The purpose of ‘Item 2’ is to amend Section 9.4.1 to update the

designation name for Commercial Mixed-use Centres, to renumber

policy references, and to change the references to “retail” space to

“commercial” space.

Section 9.4.1 is hereby amended as follows:

9.4.1 Market Impact Studies

1. 1. Subject to the policies of Section 1.3, proposals to establish new

commercial or mixed-use areas or to expand the areas identified on

Schedule 2 shall require an amendment to this Plan.

2.

3. 2. Market Impact Studies shall be required to assess the impact on

the City’s commercial policy structure when proposals are made to:

4.

5. i) establish or expand a Community Commercial Mixed-use

Centre or Mixed-use Corridor beyond the designation limit boundaries

on Schedule 2;

6.

7. ii) to exceed the retail commercial gross floor area limitations

within a Community Commercial Mixed-use Centre established in

policy 9.4.23.14 or the number of large retail uses in policy 9.4.23.13;

and

8.

9. iii) to extend or enlarge a Neighbourhood Commercial Centre to

provide more than the 10,000 square metres of maximum permitted

commercial gross floor area established in policy 9.4.5.3 and

9.4.5.4.

10. 3. An appropriate Market Impact Study shall demonstrate that:

11.

i) the proposal can be justified without detriment to the overall function

or economic vitality of Downtown or the key component functions that

contribute to Downtown’s overall vitality;

12.

13. ii) the achievement of the City’s Strategic Goals, the Urban Design

policies and the Commercial and Mixed-use policies and objectives of

the Official Plan will not be compromised; and

14.

15. iii) the ability of existing designated commercial or mixed-use lands

to achieve their planned function will not be compromised.

16. 4. A Market Impact Study shall include:

17.

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18. i) an assessment of the current market situation and the future

potential for the expansion of retail commercial facilities in light of

projected population and employment growth;

19.

20. ii) an evaluation of the economic feasibility of the proposal on the

basis of current market demand or retail market opportunity;

21.

22. iii) an indication of the scale of any adverse effects on the economic

viability of Downtown, the key functions that contribute to Downtown’s

overall vitality and on any existing or planned designated commercial

or mixed-use lands provided for in this Plan; and

23.

24. iv) an assessment of the implications of the proposal relative to the

City’s approved Commercial Policy Review Study and the objectives

and implementing policies of this Plan.

5. The City may retain, at the applicant’s expense, a qualified consultant

to provide professional assistance to the City in determining the terms

of reference for a Market Impact Study and/or to provide a peer

review of the applicant’s submission.

Item 3: The purpose of Item 3 is to add a new section 9.4.2 titled Commercial

Function Studies to provide policies for study requirements where

development applications propose to reduce commercial gross floor

area.

The following new Section 9.4.2 entitled Commercial Function Studies is hereby

added to the Official Plan.

9.4.2 Commercial Function Studies

25. 1. Commercial function studies shall be required as part of a

complete application for development proposals for Commercial Mixed-

use Centres, Neighbourhood Commercial Centres and Mixed-use

Corridors that propose to:

26.

27. i. provide commercial gross floor area at less than .15 FSI; or

28.

29. ii. reduce the commercial gross floor area existing at the time of

the application by more than 25 per cent; or

30.

31. iii. provide less than 6500 square metres of commercial gross floor

area for lands designated Commercial Mixed-use Centre.

2. A Commercial Function Study shall address:

32. i. The availability of commercial floor space within the designation

to meet daily and weekly needs of the surrounding community

especially for food store, food-related store and/or drug store.

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33. ii. Opportunities for additional commercial floor space to be

provided elsewhere and thereby sustain the local provision of

commercial floor space within that designation or in the immediate

area;

34. iii. Impacts on the ability of residents and employees in the area to

use active transportation options to access commercial shopping areas

and commercial services; and

35. iv. Role of the commercial space in creating a community focal

point.

36. 3. The City may retain, at the applicant’s expense, a qualified

consultant to provide professional assistance to the City to provide a

peer review of the applicant’s submission.

Item 4: The purpose of Item 4 is to renumber, rename and revise Section

9.4.2 Community Mixed-use Centres to: reflect the change in the land

use designation name to Commercial Mixed-use Centres; to add two

new Commercial Mixed-use Centres; to provide policies for the

requirement for commercial function studies; to increase the total

commercial floor area for the Gordon/Clair, Woodlawn/Woolwich and

Paisley/Imperial Centres; to add a total commercial gross floor area for

the two new centres; and to establish a minimum commercial gross

floor area.

Section 9.4.2 is hereby amended and renumbered as follows:

9.4.2 3 Community Commercial Mixed-use Centre

37. The following Community Commercial Mixed-use Centres are

designated on Schedule 2:

38. • Woodlawn/Woolwich

39. • Paisley/Imperial

40. • York/Victoria

41. • York/Watson

42. • Watson/Starwood

43. • Gordon/Clair

44. • Silvercreek Junction

Objectives

a) To promote Community Commercial Mixed-use Centres as areas that

support a mix of uses including concentrations of commercial, residential and

complementary uses serving the immediate neighbourhood and the wider

community.

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Policies

1. The Community Commercial Mixed-use Centres identified on Schedule 2 of

this Plan are comprised of one or several individual developments on one or

more properties on both sides of an intersection of major roads within the

designation. These areas are intended to serve both the needs of residents

living and working in nearby neighbourhoods and employment districts and

the wider City as a whole.

2. The intent of the Community Commercial Mixed-use Centre designation is

to create a well-defined focal point and to efficiently use the land base by

grouping complementary uses in close proximity to one another providing the

opportunity to satisfy several shopping and service needs at one location.

Implementing Zoning By-laws may include mechanisms, such as minimum

height and density requirements and maximum parking standards, to

promote the efficient use of the land base.

3. Development will be comprehensively planned and integrated with the overall

Community Commercial Mixed-use Node and in accordance with any

applicable concept plans or urban design studies as per the policies of

Section 3.11.

Note: Policy 9.4.23.2 and 9.4.23.3 are under appeal only as they relate to the

following properties: 115 Watson Parkway North (formerly 72 Watson Road North),

1750 Gordon Street, 84 Clair Road East, 124 Clair Road East, 158 Clair Road East,

174 Clair Road East, 190 Clair Road East, 202 Clair Road East, 960-1045 Paisley

Road, 297-299 Eramosa Road, 111-191 Silvercreek Parkway North, 35 Harvard

Road, 160, 170, 200 and 210 Kortright Road West, and 98 Farley Drive.

These policies are in effect for all other affected lands designated on Schedule 2.

4. Where residential uses are incorporated into Community Commercial Mixed-

use Centres, they are intended to be developed as mixed-use buildings or

multiple-unit residential buildings.

5. Properties within the Community Commercial Mixed-use Centre will be

integrated through internal access roads, entrances from public streets,

access to common parking areas, open space, grading and stormwater

management systems. Furthermore, it is intended that individual

developments within the Community Commercial Mixed-use Centre will be

designed to be integrated into the wider community by footpaths, sidewalks

and bicycle systems and by the placement of smaller buildings amenable to

the provision of local goods and services in close proximity to the street line

near transit facilities.

6. Community Commercial Mixed-use Centres are strongly encouraged to

incorporate Main Street type development in strategic locations. Main Street

areas, as identified through concept plans as per Section 3.11, will be

planned and designed to reflect the following:

45. i) multi-storey buildings fronting onto the main street;

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46. ii) ground floor retail and service uses are strongly encouraged;

47. iii) office uses at ground floor should be limited;

48. iv) residential uses should be provided primarily above commercial

uses in addition to some free-standing residential buildings;

49. v) rhythm and spacing of building entrances and appropriately

sized storefronts to encourage pedestrian activity;

50. vi) urban squares, where appropriate; and

51. vii) on-street parking.

Note: Policy 9.4.23.6 is under appeal only as it relates to the following properties:

115 Watson Parkway North (formerly 72 Watson Road North), 1750 Gordon Street,

84 Clair Road East, 124 Clair Road East, 158 Clair Road East, 174 Clair Road East,

190 Clair Road East, 202 Clair Road East, 960-1045 Paisley Road, 297-299 Eramosa

Road, 111-191 Silvercreek Parkway North, 35 Harvard Road, 160, 170, 200 and

210 Kortright Road West, and 98 Farley Drive and 35 and 40 Silvercreek Parkway

South.

This policy is in effect for all other affected lands designated on Schedule 2.

7. The City will require the aesthetic character of site and building design to be

consistent with the Urban Design policies of this Plan and any applicable

urban design guidelines while recognizing the unique context of individual

Community Commercial Mixed-use centres. Measures may be incorporated

into development approvals to ensure consistency.

8. The boundaries of the Community Commercial Mixed-use Centre

designation are intended to clearly distinguish the Community Commercial

Mixed-use Centre as a distinct entity from adjacent land use designations.

Proposals to expand a Community Commercial Mixed-use Centre beyond

these boundaries or to establish a new Community Commercial Mixed-use

Centre shall require an Official Plan Amendment supported by a Market

Impact Study in accordance with the policies of this Plan.

9. Proposals for development of a Commercial Mixed-use Centre at less

than 6500 square metres of commercial gross floor area will require

an amendment to this Plan supported by a Commercial Function

Study in accordance with the policies of this Plan.

10. Proposals to decrease the existing commercial gross floor area by

more than 25 per cent or to provide commercial gross floor area at

less than .15 FSI will require a Commercial Function Study in

accordance with the policies of this Plan.

911. Development within the Community Commercial Mixed-use Centre

designation is subject to the policies of Section 3.11 of this Plan.

Permitted Uses

102. The following uses may be permitted in Community Commercial Mixed-use

Centres, subject to the applicable provisions of this Plan:

52. i) commercial, retail and service uses;

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53. ii) live/work uses;

54. iii) small-scale professional and medically related offices;

55. iv) entertainment and recreational commercial uses;

56. v) community services and facilities;

57. vi) cultural, educational and institutional uses;

58. vii) hotels;

59. viii) multiple unit residential; and

60. ix) urban squares and open space.

113. Vehicle repair and vehicle service stations shall only be permitted as

accessory uses.

124. The permitted uses can be mixed vertically within a building or horizontally

within multiple-unit buildings or may be provided in free-standing individual

buildings. Where an individual development incorporates a single use building

in excess of 5,575 square metres (60,000 sq. ft) of gross floor area:

61. i) the site shall also be designed to provide the opportunity for

smaller buildings amenable to the provision of local goods and services

to be located near intersections and immediately adjacent to the street

line near transit facilities;

62. ii) smaller buildings shall comprise a minimum of 10% of the total

gross floor area within the overall development; and

63. iii) large free-standing building(s) should be integrated with smaller

buildings to create a Main Street-type environment or located on

peripheral sites within the designation, which are directly linked to the

Main Street.

135. No individual Community Commercial Mixed-use Centre shall have more than

four (4) freestanding individual retail uses exceeding 5,575 square metres

(60,000 sq. ft) of gross floor area.

Height and Density

146. The Community Commercial Mixed-use Centres incorporate land containing

existing uses as well as vacant land required to meet the identified needs of

the City. To promote a mixture of land uses within each Community

Commercial Mixed-use Centre, retail commercial development will be

limited to the following total gross floor area cumulatively of all buildings

within the designation:

Mixed-use Centre: Total Commercial Gross Floor Area

Gordon/Clair : 48,500 sq. m. 57,900 sq. m

Woodlawn/Woolwich: 56,000 sq. m. 75, 600 sq. m

Paisley/Imperial: 57,000 sq. m. 63,500 sq. m

York/Victoria: 16,300 sq. m

York/Watson Parkway: 11,700 sq. m

Watson Parkway/Starwood: 28,000 sq. m

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Silvercreek Junction: 22,760 sq. m. as per section 9.13.2.5.5

157. The maximum height is ten (10) storeys.

18. The minimum commercial gross floor area is 6500 square metres.

169. For freestanding residential development, the maximum net density is 150

units per hectare and the minimum net density is 100 units per hectare.

1720. Additional building height and density may be considered subject to the

Height and Density Bonus provisions of this Plan.

Item 5: The purpose of Item 5 is to renumber Section 9.4.3 and to add the

Woolwich Mixed-use Corridor to the list of Mixed-use Corridors in the

preamble to Section 9.4.3.

Section 9.4.3 is hereby renumbered and the preamble is hereby amended as

follows:

9.4.34 Mixed-use Corridor

The Mixed-use Corridor designation is intended to serve both the needs of residents

living and working on-site, in nearby neighbourhoods and employment districts and

the wider city as a whole.

The following Mixed-use Corridors are designated on Schedule 2:

• Silvercreek Parkway Mixed-use Corridor

• Eramosa Mixed-use Corridor

• Stone Road Mixed-use Corridor

• Woolwich Mixed-use Corridor.

Item 6: The purpose of Item 6 is to add a new policy 9.4.4.7 for commercial

function studies and to renumber the subsequent policies.

Policy 9.4.4.7 is hereby added as follows and the remainder of policies in the new

Section 9.4.4 are renumbered.

7. Development proposals that would decrease the existing commercial

gross floor area of a commercially zoned site within the Mixed-use

Corridor designation by more than 25 per cent or that would provide

commercial gross floor area at less than .15 FSI on a commercially

zoned site will require a Commercial Function Study in accordance

with the policies of this Plan.

Permitted Uses

78. The following uses may be permitted in the Mixed-use Corridor designation,

subject to the applicable provisions of this Plan:


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65. ii) office;

66. iii) entertainment and recreational commercial uses;

67. iv) cultural and educational uses;

68. v) institutional uses;

69. vi) hotels;

70. vii) live/work;

71. viii) medium and high density multiple unit residential buildings and

apartments; and

72. ix) urban squares and open space.

89. The permitted uses can be mixed vertically within a building or horizontally

within multiple-unit mall buildings or may be provided in free-standing

individual buildings. Where an individual development incorporates a single

use building in excess of 5,575 square metres (60,000 sq. ft.) of gross floor

area, the site shall also be designed to provide the opportunity for smaller

buildings amenable to the provision of local goods and services to be located

near intersections and immediately adjacent to the street line near transit

facilities. These smaller buildings shall comprise a minimum of 10% of the

total gross floor area within the overall development.

Height and Density

910. The maximum height is six (6) storeys.

1011. For freestanding residential development, the maximum net density is 150

units per hectare and the minimum net density is 100 units per hectare.

1112. Additional height and density may be permitted subject to the Height and

Density Bonus provisions of this Plan.

Item 7: The purpose of Item 7 is to renumber section 9.4.4 Neighbourhood

Commercial Centre and to amend the policies of Section 9.4.4 to

establish a new maximum commercial gross floor area; to update the

policy for market impact studies; to delete the reference to the Victoria

and York Neighbourhood Commercial Centre; to add a policy to require

commercial function studies; to change residential “uses” to “units”;

and to set a maximum residential density.

Section 9.4.4 is hereby renumbered and amended as follows:

9.4.45 Neighbourhood Commercial Centre

Neighbourhood Commercial Centres are identified on Schedule 2 of this Plan.

Objectives

73. a) To establish local convenience and neighbourhood commercial

uses within a convenient walking distance of residential areas.

74. b) To ensure Neighbourhood Commercial Centres are developed in

a cohesive and coordinated manner that is compatible with the

surrounding residential neighbourhood.

75. c) To primarily serve the shopping needs of residents living and

working in nearby neighbourhoods and employment districts.

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76. d) To be connected to surrounding neighbourhoods through the

City’s pedestrian trails, walkways and by transit.

Policies

1. The Neighbourhood Commercial Centre designations on Schedule 2 recognize

the existing centres within the city and identify the general location of new

Neighbourhood Commercial Centres.

2. To prevent the creation of strip commercial development comprising a series

of Neighbourhood Commercial Centres located adjacent to one another along

a major street, it is the general requirement of this Plan that designated

Neighbourhood Commercial Centres have a minimum distance separation

from one another of 500 metres.

3. This Plan intends that a A Neighbourhood Commercial Centre shall not be

extended or enlarged to provide more than 4,650 have a maximum total

commercial gross floor area of 6,500 square metres (50,000 70,000

square feet) of gross floor area.

4. Notwithstanding policy 9.4.45.3, the existing Neighbourhood Commercial

Centres listed below will be permitted to provide a maximum of 10,000

square metres (108,000 square feet) of commercial gross floor area:

• Speedvale Avenue at Stevenson Street

• Victoria Road at Grange Street

• Victoria Road at York Road

• Kortright Road at Edinburgh Road

• Harvard Road at Gordon Street

• Kortright Road at Gordon Street

• Wellington Street at Imperial Road.

5. A Neighbourhood Commercial Centre shall only be extended or enlarged

as listed in policy 9.4.4.4 shall only be extended or enlarged to provide more

than the permitted maximum 10,000 square metres (108,000 square feet)

of commercial gross floor area by amendment to this Plan and shall require

a Market Impact Study.

6. The maximum gross floor area of an individual retail use within a

Neighbourhood Commercial Centre shall be 3,250 square metres (35,000

square feet).

7. The City will require the aesthetic character of site and building design to

conform to the Urban Design policies of this Plan and applicable guidelines,

and will incorporate measures into the approval of Zoning By-laws and Site

Plans to ensure conformity.

8. Where new development occurs within a Neighbourhood Commercial Centre,

adjacent lands will be integrated in terms of internal access roads, entrances

of 35

from public streets, access to common parking areas, open space, urban

squares, grading and stormwater management systems.

9. Development within the Neighbourhood Commercial Centre designation will

be designed to be connected to the wider community by footpaths, sidewalks

and bicycle systems and by the placement of buildings in close proximity to

the street line near transit facilities.

10. Applications for the purpose of establishing or expanding a Neighbourhood

Commercial Centre designation will be required to satisfy the following

criteria:

77. i) located with direct access to an arterial or collector road,

preferably at an arterial or collector road intersection;

78. ii) the location will contribute to the creation of a compact, well-

defined node oriented to a major intersection and does not promote

the creation of ‘strip commercial’ development along a major street;

79. iii) designed in a manner that is compatible with the building design

and use of surrounding properties;

80. iv) the location shall minimize the impact of traffic, noise, signs and

lighting on adjacent residential areas;

81. v) adequate site area will be provided for parking, loading and all

other required facilities; and

82. vi) adequate landscaping, screening and buffering will be provided

to preserve the amenities and appearance of surrounding properties.

11. Development proposals that would decrease the existing commercial

gross floor area within a Neighbourhood Commercial Centre by more

than 25 per cent or that would provide commercial gross floor area

at less than .15 FSI will require a Commercial Function Study in

accordance with the policies of this Plan.

Permitted Uses

112. The following uses may be permitted in Neighbourhood Commercial Centres,

subject to the applicable provisions of this Plan:


84. ii) small-scale offices;

85. iii) community services and facilities;

86. iv) live/work;

87. v) multiple unit residential within mixed-use buildings; and

88. vi) urban squares.

123. Vehicle sales and vehicle repair uses shall not be permitted.

134. Development will be planned and designed to maintain the principal

commercial function. Residential uses units are not permitted on the ground floor.

Height and Density

145. The maximum height is six (6) storeys.

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16. For residential development, the maximum net density is 100 units

per hectare.

157. Additional building height and density may be considered subject to the

Height and Density Bonus provisions of this Plan.

Item 8: The purpose of Item 8 is to renumber section 9.4.5 Service

Commercial and Section 9.4.6 Mixed Office/Commercial.

Section 9.4.5 Service Commercial and Section 9.4.6 Mixed/Office Commercial are

hereby renumbered as follows.

9.4.56 Service Commercial

9.4.67 Mixed Office/Commercial

Item 9: The purpose of Item 9 is to delete policy 9.4.6.9 which references

height and density bonusing within the Mixed Office/Commercial

section.

Policy 9.4.6.9 is hereby deleted.

Item 10: The purpose of Item 10 is to revise Schedule 2 Land Use Plan to

change the land use designation for 721, 727, 731, 735, 737 and 739

Woolwich Street from Service Commercial to Mixed-use Corridor.


change the land use designation for 200 Victoria Road South from

Neighbourhood Commercial Centre to Commercial Mixed-use Centre.


change the land use designation for 523 York Road and 494-500 York

Road from Service Commercial to Commercial Mixed-use Centre.


change the land use designation for 540 York Road from Service

Commercial and Industrial to Commercial Mixed-use Centre.


amend the land use designation for 895-919 York Road and 57 Watson

Parkway North from Service Commercial to Commercial Mixed-use

Centre.

Proposed mapping changes to Schedule 2 Land Use Plan are shown in Attachment 2

to Report IDE 2019-94.

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Attachment 2 - Existing and Proposed Official Plan Land Use

Designations

OP Designation Open Space and Park

a 1-------1- Community Mixed Use Centre Medium Density Residential

~ - Service Commercial - High Density Residential l ~ D Mixed Office Commercial - Significant Natural Areas & Natural Areas

~ ~~~==~~======================~ ~

I i NTS.

EXISTING OFFICIAL PLAN DESIGNATIONS ~ 721, 727, 731, 735, 737 & 739 Woolwich Street

l'roc:lu:eci.Dytl'M!Oir)l<lfGU!!_, R:mnlnq~Cit!utd~~niceo

llh201'31

of 35

P Designation

- Commercial Mixed-Use Centre Medium Density Residential

I-----t•- service Commercial - High Density Residential Mixed Office Commercial - Significant Natural Areas & Natural Areas

NTS.

Open Space and Park - Mixed-Use Corridor

PROPOSED OFFICIAL PLAN DESIGNATIONS 721, 727, 731, 735, 737 & 739 Woolwich Street

~ --l'r<ldi.ICO:l.t>Ythi:OtJI~<:illl:lllft

'''''"""<;!""d'S<*I~lioeMr2019

of 35

NTS.

PROPOSED OFFICIAL PLAN DESIGNATIONS 494-500, 523 & 540 York Road

& 200 Victoria Road S

~ --l'r<ldi.ICO:l.t>Ythi:OtJI~<:illl:lllft

'''''"""<;!""d'S<*I~lioeMr2019

of 35

Significant Natural Areas & Natural Areas

Natural Areas Overlay

- Service Commercial

YORKRD

Subject Properties

EXISTING OFFICIAL PLAN DESIGNATIONS ~ --NTS. 895-919 York Road & 57 Watson Parkway South

l'r<ldi.ICO:l.t>Ythi:OtJI~<:illl:lllft

'''''"""<;!""d'S<*I~lioeMr2019

of 35

Attachment 3 – Comments Received on the Commercial Policy

Review Discussion Paper

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April 26, 2019 Page 2

Our client is supportive of an approach which preserves and promotes flexibility In the development of the Community Mixed Use Centres. From that perspective, directions such as re!)ladng the concept of "retail facilities" with "commercial facilities" are positive contributions.

Section 4.3. 1.4 of tne Paper recommends changes to the commercial gross floor maximums of the existing Centres, including an increase to 25,730 sq.m. for Silvercreek Junction. The justfftcation set out by Staff Is that allowing modest amounts of intensification as·of-right provides for intensification in the Centres that will help them evolve into more compact and walkable focal points for uses permitted per the objectives of the Official Plan. Our client is reviewing this recommendation In light of its proposed development plan but would note that the rationale appears to be applicable to existing, rather than yet-to-be-developed nodes such as Silvercreek Junction.

In the meantime, we note that the proposed minimum commercial FSI of 0.15 and the requirement for a Commercial function Study would not be desirable or appropriate for the subject lands, because they would have the effect of unduly reducing existing and Intended flexibility In the development of those lands and precluding the plan which our dient has been discussing with the City.

Our client looks forward to continuing to meet with the City to discuss its plan for the site.

Yours truly,

AIRD & BERUS LLP \ /~

(~;

T9m Halinski TH/

c: Astrid Clos Carlo Stefanuttl Todd Salter Scott Stewart

358620292

of 35

J. WILLIAM BIRDSELL n.s.s., B.ARCH, oAA. FRArc ARCHITECT

809-1042 Paisley Road, Guelph 1 Ontario NlK OC5 (519)822-9999

email: bi llbirdsellarch@gmail. com

Apri125, 2019

Melissa Aldunate, Manager Policy Planning and Urban Design, Planning and Building Services 1 Carden St., Guelph, ON N1H 3A1

RE: Commercial Poficy Review Discussion Paper

1 am writing to raise the issue of 110 Stevenson Street South. This property is within an area designated as Mixed Business. As you know commen:ial uses are pem1itted in Mixed Business. The total designated area is approximately 2 hectares. The maJorit<; of this area is occupied by City owned lands used for stonn water management ponds. The property under discussion is approximately 0.57 hectares or approximately 28% of the designated area.

Effectively the large majority of the area designated as Mixed Business has been changed from its intended use. Tire remainder, our site is too small to be of any effective Commercial use. Tire property owner intends to make an application for a change to the Official Plan and the Zoning Bylaw. The property owner is of the opinion that an appropriate use tor the lot is as a site for a 270 bed retirement/nursing home incorporating commercial uses such as a medical imaging centre. It is felt that such a use will be of greater conttibution to the neighbourhood and city employment numbers than a small commercial occupancy.

I feel that recognition of this reality in the Conunercial Policy Review wonld be appropriate.

If you have any questions or comments, I would be very happy to receive them.

with regards,

J. William Birdsell, Archltect

cc Probhash S. Monda!. MBA Guelph Medical Imaging

of 35

April 26, 2019

by a supermarket of approximately 1,858 to 2,323 sq. m (20,000 to 25,000 sq. ft.). The urbanMetrics Memo concludes that "Based on our residual analysis between 20,800 and 24,600 square feet of new supermarket space could be warranted on the subject site by 2019 (i.e. first full year of operations). By 2026, between 21,900 and 25,900 square feet of new supermarket space could be warranted on the subject site. Additional supermarket space beyond what is being proposed could not be supported on the subject site." (p. 21)

• For Section 4.1 Commercial and Mixed-use Designation Objectives the Staff Preliminary Recommendation is "That the overall objectives for Commercial and Mixed-use Designations in section 9.4 be reviewed and updated as needed to address the recognition of market needs by recognizing proximity to a suitable population base and exposure to sufficient levels of pass-by traffic." We note that Official Plan policies 9.4.2.2, 9.4.2.3 and 9.4.2.6 remain under site specific LPAT appeal by Loblaws. In addition, with regard to the population base, the urbanMetrics Memo clearly indicates that the projected population for the 115 Watson Parkway lands only supported 1,858 to 2,323 sq. m (20,000 to 25,000 sq. ft.) of supermarket space, which would not provide a large enough anchor to support the proposed minimum commercial gross floor area of 6,500 sq. m (69,965 sq. ft.} for the Watson Parkway/Starwood Community Mixed-use Centre in the context of Section 4.3.2 (see below);

• For Section 4.2 Commercial/Non-residential Gross Floor Space References, the Staff Preliminary Recommendations include "that the Community Mixed-use Centre and Neighbourhood Centre Official Plan policies refer to 'commercial gross floor area' in place of 'gross floor area' except where the policies are referencing an individual development incorporating a single use building in excess of a specified size, e.g. policy 9.4.2.12 and 9.4.3.8." We note that the proposed change to "commercial gross floor area" would appear to be expanding the type of uses that could be included in the proposed minimum 6,500 sq. m of commercial gross floor area for the Watson Parkway/Starwood Community Mixed-use Centre beyond just retail uses. It is still not clear from the Discussion Paper whether the existing East Side library at 1 Starwood Drive in the Watson Parkway/Starwood Community Mixed-use Centre would be included in the minimum of 6,500 sq. m of commercial gross floor area;

• For Section 4.3.1.4 Options for zoning regulations for maximum commercial gross floor area and the Staff Preliminary Recommendation that " ... This would be implemented using a zoning overlay that prescribes the maximum amount of commercial gross floor area permitted as shown in Appendix 1", we note that the Loblaws lands at 115 Watson Parkway are shown with a maximum commercial gross floor area of 11,800 sq. m, which appears to be based on the CC-15(H) zone that originally included the adjacent lands at 144 Watson Road North. Under the CC-15(H) zone, there is a minimum GFA of 1,875 sq. m and a maximum GLFA of 11,798.30 sq. m. As the lands at 144 Watson Road North were rezoned from CC-15(H), it would be appropriate to lower the proposed maximum commercial GFA of 11,800 sq. m accordingly;

• For Section 4.3.2 Establishing a Minimum 6,500 m2 of Commercial Gross Floor Area, the Staff Preliminary Recommendation is "That a new policy be added to

Zelinka Pn·amo Ltd. Page2

of 35

the Official Plan to establish a minimum commercial gross floor area of 6, 500 m2 for Community Mixed-use Centres." The Staff discussion under Options and Analysis states "The minimum gross floor area would apply to the entire designation for each Centre. It also allows for the allocation of commercial space through zoning in a flexible manner for each Community Mixed-use Centre so that an individual property within a Community Mixed-use Centre could have residential zoning: (p. 21) We note the comments in our fetter dated July 6, 2018 that it is should be determined as to how the minimum commercial Gross Floor Area would be implemented and how much commercial Gross Floor Area will be expected under the proposed policies for 115 Watson Parkway. With two new Community Mixed-Use Centres proposed, as referenced in the Discussion Paper, there are other opportunities to service the relail/seJVice commercial needs of East Guelph. If the supermarket function is seJVed on one of the two proposed Community Mixed-Use Centres in East Guelph, and no supermarket is planned for the 115 Watson Parkway lands, even less commercial space would be warranted on that site below the 37,000 square feet that Is reviewed in the urbanMetrics Memo;

• For Section 4.7 Implementing a FSI Benchmark and Controls on Reducing Existing Gross Floor Area, the Staff Preliminary Recommendation 1 stetes:

"Include an Official Plan policy stating that commercially zoned properties within Community Mixed Use Centres, Mixed-use Corridors, and Neighbourhood Commercial Centres, must include commercial development at a minimum density of 0.15 FSI and cannot reduce it by more than 25% from what currently exists, measured from the date of when this policy is deemed to be in full force and effect, whichever is the greater gross floor area. The policy should stele that the implementing zoning by-law may require higher commercial FSI in order to implement the 6,500 m2 minimum within smaller Community Mixed Use Centres."

and the Staff Preliminary Recommendation 2 states:

•tnclude minimum commercial gross floor area zoning regulations for commercially zoned properties within Community Mixed Use Centres, Mixed Use Corridors and Neighbourhood Commercial Centres on a property basis that require a commercial density of 0.15 FSI, or 25% less gross floor area than existed on the dale of the passing of the by-law, whichever is the greater amount of gross floor area... This zoning approach would be protective of the 6,500 m2 gross floor area minimum recommended to protect the commercial function at each of the Centres. It would also help ensure that the City continues to plan for and protect commercial land to meet Its projected growth. Given the current typical standalone commercial density of q,30 FSI and forecast density of 0.40 by 2041, this figure is easily achievable for standalone commercial and provides flexibility for mixed-use intensification."

In the Options and Analysis discussion, Staff note:

"Staff contemplated applying these minimums across the designation as a whole, or at an intermediate level of geography such as a "quadrant," but

of 35

April 26, 2019

could not determine a workable implementation approach to prevent owners who developed their properties last from making up for a potential lack of commercial development on other sites. Accordingly, this Discussion Paper develops one option to implement the Commercial Policy Review Preferred Framework. Applying these policies and regulations would result in the following minimum amounts of commercial gross floor area in the Community Mixed-use Centres: . . . Watson Parkway/Siarwood Minimum Total Commercial Gross Floor Area 15.400 m2". (pp 39-40)

Based on our letter dated July 6, 2018 we submitted that it is not clear as to how much of the proposed minimum 6,500 sq. m of commercial floor space would need to be accommodated on the lands at 115 Watson Parkway versus other lands in the Watson Parkway/Starwood Community Mixed-Use Centre. We reiterate that in the Watson Parkway/Starwood Community Mixed-Use Centre, aside from the lands at 115 Watson Parkway, there are only two small vacant parcels on Starwood Drive that are zoned commercial, whereby the proposed minimum 0.15 FSI would only be applicable to a portion of the Community MixedUse Centre lands. In addition, with the proposed minimum 0.15 FSI of commercial space required at full build out for the lands at 115 Watson Parkway that have a lot area of approximately 6. 43 ha (including the lands within the flood plain and/or Natural Heritage System), a total commercial space of approximately 9,646 sq. m would be required, which is well above the proposed minimum 6.500 sq. m of commercial floor space for the entire Community Mixed-Use Centre. Lastly, we reiterate that the Council endorsed Watson Parkway/Starwood Community Mixed-use Node Urban Design Concept Plan features a large residential component along the southern portion of the lands at 115 Watson Parkway and a land intensive Main Street Area. As a result, at an overall proposed minimum 0.15 FSI for the entire 6.43 ha of the lands at 115 Watson Parkway, the minimum of 9,646 sq. m of commercial space would have to be redistributed elsewhere on-site. which may not be economically feasible or practical. We continue to submit that additional review and discussions with Staff are required;

• As to Section 4.8 and the Staff Preliminary Recommendation for Commercial Function Studies, it is our understanding that Staff are requesting that a Commercial Function Study be carried out if a planning application is being submitted where the proposed development would drop by more than 25%, or go below the commercial FSI of 0.15, and to specifically address the availability of food and drug stores to serve the daily and weekly needs of the surrounding community.

For Recommendation 1, in our submission, if there is to be a minimum threshold placed in the Official Plan, the FSI test should be removed as it is harder to establish precisely, with potential environmental or other take-outs, and for the lands at 115 Watson Parkway creates a minimum threshold that is inconsistent with the minimum of 6,500 sq. m of commercial gross floor area. If there is to be a minimum test, there should only be one test and this test should apply to the entire Community Mixed-use Centre and not to one particular site.

Page 4

of 35

ZELINKA PRIAMO LTD A 'PI·Di'es'f:<t»rtt H.uJJ~ ?J·,uot ;_~e

VIA EMAIL

July 6, 2018

Clerk's Department City of Guelph City Hall, 1 Carden Street Guelph, ON N1H 3A1

Attention: Mr. Stephen O'Brien, City Clerk

Dear Mr. O'Brien:

Re: City of Guelph July 9, 2018 Council Meeting: ITEM IDE-2018-94 Commercial Polley Review: Preferred Framework Preliminary Comments on Behalf of CP REIT and Lob laws Guelph, Ontario Our File: CHO/GPH/15-01

We are the planning consuKants wtth regard to the City of Guelph Commercial Policy Review for CP REIT Ontario Properties Umited ("CP REIT") and Loblaw Companies Limited ('Loblaws'), the land owner and/or lease holder of lands in Guelph including the vacant lands at 115 Watson Parkway (formerly 72 Watson Road North).

On Tuesday July 3, 2018 CP REIT and Loblaws were made aware of Guelph Staff Report IDE-2018-94 dated July 9, 2018 and the attached Guelph Commercial Policy Review Stage 2 Preferred Policy Framework Report dated June 2018 ("Stage 2 Report)", which will be considered at the July 9, 2018 Council Meeting.

Based upon our review of Staff Report IDE-2018-94 and the Stage 2 Report, we have preliminary comments as outlined below, and along with CP REIT, Loblaws and their consultants, we will continue to review the Stage 2 Preferred Policy Framework OPA 48 policies in more detail, and may provide further comments as required.

On behalf of CP REIT and loblaws, we have the following preliminary comments·

• As noted in the Stage 2 Report, for the lands at 115 Watson Parkway, while no formal application has been submitted, CP REIT and Loblaws have expressed an interest in providing a lower amount of commercial development than originally proposed and that the current Official Plan policies do not specifically identify a minimum amount of commercial space in the Watson Parkway/Starwood Community Mixed-use Centre (CMUC) (p. 47);

• The Stage 2 Report recommends that in order to maintain the planned function, a minimum of 6,500 sq. m of commercial floor space be specified for the CMUCs, which would apply to the entire designation, and will allow portions to be developed for residential only development ff desired, while achieving the planned function of the designation that includes a mixture of uses (p. 50). In addition, the Stage 2 Report recommends that the City apply a benchmark of

20 Maud Street. Suite 305 Torooto, Ont<ido M6V 2MS

To!: 418-622-6064 Fax: 416·622·3463 Email: Lp@;!;pptrm,com Wobsltc: :zpplan.<.:om

of 35

July 6. 2018

0.15 Floor Space Index (FSI) of commercial space at full built out in the CMUCs, which is intended to be applied on an individual site basis to sites that are currently zoned commercial (p. 66);

• Based upon our review of the Stage 1 Commercial Analysis and Background Report dated November 2017 and the Stage 2 Report, It is not clear as to how much of the proposed minimum 6,500 sq. m of commercial floor space would need to be accommodated on the lands at 115 Watson Parkway versus other lands in the Watson Parkway/Starwood CMUC. We note that in the Watson Parkway/Starwood CMUC, aside from the lands at 115 Watson Parkway, there are only two small vacant parcels on Starwood Drive that are zoned commercial, whereby the proposed benchmark 0.15 FSI would only be applicable to a portion of the CMUC lands. In addition, with the proposed benchmark 0.15 FSI of commercial space required at full build out for the lands at 115 Watson Parkway that have a lot area of approximately 6.43 ha (including the lands within the flood plain and/or Natural Heritage System), a total commercial space of 9,646 sq. m would be required. which is well above the proposed minimum 6,500 sq. m of commercial floor space for the entire CMUC. We note that under the current CC-15(H) zone, which originally included the adjacent lands at 144 Watson Road North, there is currently a minimum GFA of 1,875 sq. m and a maximum GLFA of 11,798.30 sq. m. Accordingly, the minimum GFA for the lands at 115 Watson Parkway would be increased substantially with the proposed Official Plan framework. Lastly, we note that the Council endorsed Watson Parkway/Starwood Community Mixed-use Node Urban Design Concept Plan features a large residential component along the southern portion of the lands at 115 Watson Parkway and a land intensive Main Street Area. As a result, at an overall proposed benchmark 0.15 FSI for the entire 6.43 ha of the lands at 115 Watson Parkway, the minimum of 9,646 sq. m of commercial space would have to be redistributed elsewhere on-site, which may not be economically feasible or practical. In our submission, additional review and discussions with Staff are required as to the Preferred Framework recommendations for the CMUCs and in particular for 115 Watson Parkway;

• The Stage 2 Report recommends addressing the barriers to the creation of second floor space through the comprehensive zoning by-law review. We are concerned as to the incorporation of regulations that will require second floor space and we note that the suggested incentives are of limited benefit in creating second storey commercial space that is financially viable; and

• The Stage 3 Report recommends that Official Plan policies be added to ask that a Commercial Function Study be undertaken if the commercial gross floor space is proposed to drop below 0.15 FSI or there is a reduction in the current commercial floor space of more than 25 percent on an individual site. In our submission, further consideration should be given to whether policies requiring a Commercial Function Study are warranted.

Zeiinha Priamo Ltd. Page2

1

Public MeetingProposed OPA for the Commercial Policy Review

September 9, 2019

2

Reason for the Amendment

• Address the evolution of commercial development into mixed-use areas;

• Designate sufficient land for commercial purposes to address the land shortage to 2041;

• Protect existing commercial land supply;

• Provide clarity on the floor space measure by changing it from retail to commercial; and

• Allow for intensification of existing Commercial Mixed-use Centres.

3

Policy Amendments

• Changes references to “retail gross floor area” to “commercial gross floor area”;

• Changes the name of the land use designation “Community Mixed-use Centre” to “Commercial Mixed-use Centre”;

• Increases the maximum gross floor area of commercial space for three Commercial Mixed-use Centres (Gordon/Clair, Woodlawn/Woolwich and Paisley/Imperial);

• Provides a minimum gross floor area of 6,500 square metres of commercial space for the Commercial Mixed-use Centres;

Amendments to Chapter 9, Section 9.4

4

Commercial Mixed-use CentresMixed-use Centre Total Commercial

Gross Floor AreaGordon/Clair 48,500 sq. m.

57,900 sq. mWoodlawn/Woolwich 56,000 sq. m.

75, 600 sq. mPaisley/Imperial 57,000 sq. m.

63,500 sq. mYork/Victoria 16,300 sq. m

York/Watson Parkway 11,700 sq. m

Watson Parkway/Starwood

28,000 sq. m

Silvercreek Junction 22,760 sq. m.as per section 9.13.2.5.5

5

Policy Amendments

• Increases the maximum commercial gross floor area for Neighbourhood Commercial Centres to 6,500 square metres;

• Provides policies to protect against the loss of commercial floor space

• introduction of Commercial Function Study policies, • the introduction of floor space index benchmarks and• policy that protects existing commercial space from

being reduced by 25% or more; and• Provides a residential density policy for the Neighbourhood

Commercial Centres.

Amendments to Chapter 9, Section 9.4

6

Land Use Designation Amendments

Amendments to Schedule 2

7



8



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