Appeal of comprehensive zoning by-law dismissed; tower and podium regulations appropriately implement urban design policies.
The appellant appealed the City of Waterloo's new Comprehensive Zoning By-law, arguing that its performance standards for tower separations, podiums, and maximum heights prevented the achievement of maximum planned densities and conflicted with the City's Official Plan, the Provincial Policy Statement, and the Growth Plan.
The Tribunal dismissed the appeal, finding that the City has the statutory authority under section 34 of the Planning Act to regulate building height, bulk, and spacing.
The Tribunal held that provincial policies require optimizing, not maximizing, density and that the zoning regulations appropriately implemented the Official Plan's high priority on good urban design and human-scale development.
OLTOntario Land TribunalJul 28, 2021
