Joel Cotter

The applicant appealed the City of Waterloo's failure to make a decision on a Zoning By-law Amendment application to permit a high-rise residential redevelopment.

The parties reached a settlement proposing two 24-storey towers and the removal of a heritage building, with community benefits provided in exchange for increased density.

The Tribunal approved the settlement, finding it consistent with the Provincial Policy Statement, in conformity with the Growth Plan and local Official Plans, and representing good planning.

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.