108 & 110 NOTTINGHAM STREET
PLANNING REPORT
PROJECT LOCATION:
108 & 110 Nottingham Street Part of Lot 259, Plan 8
City of Guelph County of Wellington
PREPARED BY:
JEFFREY E. BUISMAN, O.L.S.
VAN HARTEN SURVEYING INC 423 Woolwich Street Guelph, Ontario, N1G 1J5
Tel: 519-821-2763 Fax: 519-821-2770 WEB: www.vanharten.com Email: [email protected]
June 2016
June 17, 2016 21210-13 [email protected] Planning Services
Infrastructure, Development & Enterprise 1 Carden Street
Guelph, ON N1H 3AI
Attention: Ms. Sylvia Kirkwood Dear Ms. Kirkwood,
Re: Planning Report for Zoning By-law Amendment 108 & 110 Nottingham Street
Part of Lot 259, Plan 8 PIN 71282-0084
City of Guelph
This report has been prepared in support of a Zoning By-law Amendment for a property at 108 & 110 Nottingham Street in the City of Guelph. The proposal is a Zoning By-law Amendment to amend the zoning from Residential R.1B to Residential R.2 in order to recognize the existing legal non-conforming semi-detached dwelling and to allow a proposed severance. A pre-consultation meeting was held on April 20, 2016 to identify the submission requirements to support the proposed Zoning By-law Amendment. This Planning Report was requested to provide justification for the proposed Zoning By- law Amendment.
Background:
The subject lands are legally described as Part of Lot 259, Registered Plan 8 and have a total area of 355 m2. The only building on the subject lands is a semi-detached dwelling that has been in existence for more than 100 years. The Couling Inventory shows that the two unit dwelling was moved to its current location in 1922 or 1923. The property has been owned by the late Norma & Ruth Hanlon since January 1986 and was passed to their son, Henry Hanlon in December 2015.
Photo taken June 1974 Photo taken March 2016
The subject lands are located in a neighbourhood that was all designated Residential R.1B during the creation of the current Zoning Bylaw. However, there are a number of semi-detached dwellings that were included in this R.1B designation. The semi-detached dwelling on the subject lands has been a legal non-complying semi-detached dwelling for a long period of time.
Zoning map showing areas with blanket designation of R.1B
The parcel behind the subject lands is zoned Commercial (C.1-18) and is used for Hanlon’s One Stop Service. The lands to the right are zoned Residential (R.1B) and there is an existing single detached dwelling (#114 Nottingham Street). To the left of the subject property is a legal non-conforming semi- detached dwelling zoned Residential (R.1B).
Proposal:
The proposal is to split the two units of the existing semi-detached dwelling into two separate parcels through a severance. During pre-consultation, Planning Staff advised that a Zoning By-law Amendment Application would be required to correct the zoning for the property before a severance could be
pursued.
The proposed Zoning By-law Amendment is to amend the current zoning designation of Residential (R.1B) Single Detached Zone to Residential (R.2) Semi-Detached/Duplex Zone with a specialized zoning provision. There are a number of non-conforming items that we are requesting a special provision for. These include the following:
• Allow a minimum lot area for every two dwellings of 355 m2 instead of 460 m2 which is required by Row 2 of Table 5.2.2 of the Zoning bylaw
• Allow a minimum lot area for each unit of 175 m2 for 108 Nottingham Street and 180 m2 for 110 Nottingham Street instead of 230 m2 which is required by Row 2 of Table 5.2.2 of the Zoning bylaw.
• Allow a minimum front yard setback of 1.1 m for 108 Nottingham Street and 1.2 m for 110 Nottingham Street instead of 1.25 m which is required by Row 5 of Table 5.2.2 and Section 5.2.2.1 of the Zoning bylaw.
• Allow the existing side yard for 110 Nottingham Street of 2.6m instead of 3.0m which is required by Row 6 of Table 5.2.2 of the Zoning bylaw.
• Allow no landscaping setback between the existing driveways and the side lot lines for 108 &
110 Nottingham Street instead of a setback of 0.6m which is required by Table 5.2.2 Row 15 of the Zoning bylaw.
Justification:
The subject area is governed by provincial planning legislation including the Provincial Policy Statement (2014), the City of Guelph Official Plan and the City of Guelph Zoning By-law. The relevant policies of these planning documents are addressed below in relation to the proposed Zoning By-law Amendment.
Provincial Policy Statement 2014:
The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. The Sections below state provincial goals for “managing and directing land use to achieve efficient and resilient development and land use patterns:”
Section 1.1.1 b) accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs;
Section 1.1.3.3 Planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs.
The existing semi-detached dwelling accomplishes the intent of both of the sections above as the semi- detached dwelling provides an affordable housing option in an existing settlement area.
City of Guelph Official Plan:
The following excerpts from the City of Guelph Official Plan below highlight the City’s goals to promote and support the intensification of existing built up areas of the city in order to provide a mix of affordable housing options.
2.3.6 Major Goals of the Official Plan
Ensure that any development in established areas of the City is done in a manner that is sympathetic and compatible with the built form of existing land uses.
2.4.5 Built-up Area and General Intensification
b) The City will promote and facilitate intensification throughout the built-up area, and in particular within the urban growth centre (Downtown), the community mixed use nodes and the intensification corridors as identified on Schedule 1B “Growth Plan Elements”.
e) A range and mix of housing will be planned, taking into account affordable housing needs and encouraging the creation of secondary suites throughout the built-up area.
f) Intensification of areas will be encouraged to generally achieve higher densities than the surrounding areas while achieving an appropriate transition of built form to adjacent areas.
Official Plan Amendment Number 48:
Section 2.4.2 Objectives is hereby amended as follows:
The City aims to build a compact, vibrant, and complete community for current and future generations that meets the following objectives:
b) To direct growth to locations within the built-up area where the capacity exists to best accommodate the expected population and employment growth.
The statements above show the City’s objective to promote development in the built up areas of the City. The existing semi-detached dwelling accomplishes these goals by providing an affordable housing option in a mixed neighbourhood.
City of Guelph Zoning By-law
The subject lands are currently designated as Residential (R.1B) Single Detached Zone which allows the following uses:
• Single Detached Dwelling
• Accessory Apartment in accordance with Section 4.15.1
• Bed and Breakfast
• Day Care Centre
• Group Home
• Home Occupation
• Lodging House Type 1
Currently, the semi-detached dwelling is legal non-conforming. The proposed zoning designation of Residential (R.2) Semi-Detached/Duplex Zone allows the following uses:
• Duplex Dwelling
• Semi-Detached Dwelling
• Accessory Apartment in accordance with Section 4.15.1
• Bed and Breakfast
• Group Home
• Home Occupation
The proposal to amend the zoning by-law is administrative in nature and is intended to amend the zoning by-law to conform with the use that has existed on the property since circa 1923. The proposed zoning designation is in conformance with the neighbourhood and planning policy to intensify the existing built up area of Guelph through more intense uses. The image below shows the location of the subject property within the built up area of Guelph where intensification is encouraged.
Zoning By-law - Defined Area Map No. 66: Older built-up area of the city
The image below shows the zoning map for the neighbourhood of the subject lands. The properties highlighted in blue show properties that also have a zoning designation of Residential R.2 in the neighbourhood. Furthermore, there are a number of other semi-detached dwellings in the neighbourhood that are designated R.1B but are also legal non complying.
Zoning By-law – Defined Area Map No. 25
The proposed zoning-bylaw amendment also includes a request for a special provision to allow reduced requirements for five items.
A/B: The proposed areas of the severed and retained (180 m2 & 175 m2) are slightly less than the required area for a semi-detached unit (230 m2). However, the areas of the proposed lots are not out of character in the neighbourhood and the lots allow sufficient amenity space. The rear yard setback for both units is just over 11m allowing plenty of amenity space. In addition, the current area of the lot is legal non-forming as the minimum lot area for dwellings designated R.1B is 460 m2 while the existing lot is 355 m2. Therefore, when the lot is split along the shared wall between the two semi-detached units, it creates lots of 180 m2 & 175 m2.
C: The existing front yard setback for the severed and retained (1.1 m & 1.2 m) is slightly less than required in the zoning bylaw. The bylaw requires a front yard setback of 6m or the average setback of the adjacent properties. #114 Nottingham is setback 1.3m and #106 Nottingham is setback 1.2m requiring a setback of 1.25m. The existing setback has been in place since the building was moved to the property in 1922/1923 and is similar to the properties abutting it.
D: Where a garage or carport is not provided, the zoning bylaw requires a side yard of 3.0m for off street parking. The lands to be severed have an existing side yard setback of 2.6m which is less than required but allows sufficient space for parking.
E: The zoning bylaw requires that driveways are setback at least 0.6m for the side lot lines for
landscaping purposes0. However, the driveways at both 108 & 110 Nottingham Street are connected along the side lot line to the driveway on the abutting property. This configuration is common for semi- detached dwellings.
The zoning bylaw identifies the subject lands as Lands within the Special Policy Area (Section 12.4).
Section 12.4 of the zoning bylaw identifies the requirements and limitations for new development within this area. However, the proposal does not include any new development and therefore the proposal conforms to Section 12.4.
Conclusion:
The proposed zoning by-law amendment complies with the applicable planning policy and matches the zoning designation to a use that has existed on the property since 1923. The existing configuration has been in place for many years and amending the zoning designation of the property to Residential R.2 with the special provision will have no new effect on the neighbourhood. In addition, splitting the property into two individual properties has the benefit of providing two affordable ownership opportunities in a central location of Guelph.
Very truly yours,
Van Harten Surveying Inc.
Jeffrey E. Buisman B.E.S, B.Sc.
Ontario Land Surveyor
Draft By-Law:
5.2.3.XX R.2-XX
108-110 Nottingham Street
As shown on Defined Area Map Number 25 of Schedule “A” of this By-law.
5.2.3.XX.1 Permitted Uses
In accordance with the Uses permitted by Section 5.2.1 of this By-law.
5.2.3.XX.2 Regulations for Semi-Detached Dwellings
In accordance with Section 5.2.2 (Residential Semi-Detached Zone) of the Zoning By- law with the following additions and exceptions:
5.2.3.XX.2.1 1) Minimum Lot Area
Despite Row 2 of Table 5.2.2 of this By-law, the minimum Lot Area shall be 175 m² for each unit.
5.2.3.XX.2.2) 2) Minimum Lot Area
Despite Row 2 of Table 5.2.2 of this By-law, the minimum Lot Area shall be 355 m² for every two units.
5.2.3.XX.2.3) 3) Minimum Front Yard Setback
Notwithstanding Row 5 of Table 5.2.2 of this By-law, the Minimum Front Yard Setback shall be 1.1 m.
5.2.3.XX.2.4) 4) Minimum Side Yard Setback
Notwithstanding Row 6 of Table 5.2.2 of this By-law, the Minimum Interior Side Yard shall be 2.60 m where a Garage, Carport or off street Parking Space is not provided for each Dwelling Unit.
5.2.3.XX.2.5) 5) Minimum Setback
Notwithstanding Row 15 of Table 5.2.2 of this By-law, the no landscaped open space is required between the driveway and the nearest lot line.
