Katie Nasswetter

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Guelph's new Comprehensive Zoning By-law and related Official Plan Amendment No. 88.

The Tribunal approved a partial settlement between the City and the Guelph & District Home Builders’ Association, finding it represented good land use planning and was consistent with provincial policies.

The Tribunal also established a Procedural Order and scheduled a three-week merits hearing for the remaining appeals.

The Tribunal held a settlement hearing concerning three appeals against the City of Guelph's new Comprehensive Zoning By-law.

The appellants reached settlements with the City to establish site-specific zoning provisions for their respective properties, including permissions for office and medical clinic uses, and a mixed-use development.

Relying on uncontested expert planning evidence, the Tribunal found that the proposed amendments were consistent with provincial policies, conformed to the official plan, and represented good planning.

The appeals were allowed in part to give effect to the settlements.

The Upper Grand District School Board appealed a site-specific Zoning By-law Amendment passed by the City of Guelph that would permit a four-storey mixed-use development adjacent to Central Public School.

The School Board argued the development would cause unacceptable shadow impacts on the schoolyard and rooftop solar panels, interfere with views of the historic Catholic Hill, and create traffic safety issues near the student drop-off area.

The Tribunal found that the proposed height and massing without sufficient stepbacks would cause unacceptable adverse shadowing and cooling impacts on the school, and that access from Dublin Street North would cause traffic safety issues.

However, the Tribunal found no unacceptable adverse impacts on cultural heritage.

The Tribunal allowed the appeal in part, approving the Zoning By-law Amendment in principle subject to modifications requiring a maximum geodetic height of 361m, 3m stepbacks from the third storey up, a 4.5m side yard setback adjacent to the school, and restricting vehicular access and loading to Cork Street West.

The County of Wellington submitted a Zoning By-law Amendment application, approved by the City of Guelph, to permit the adaptive reuse of an existing building for transitional housing with supports.

The appellant appealed the approval, raising concerns about compatibility with the existing community, access to open space, and the suitability of the building without detailed floorplans.

The Tribunal found that the proposal would not create substantial land use compatibility issues, that access to open space on retained lands would continue, and that detailed interior floorplans were not required at the zoning stage.

The Tribunal allowed the appeal in part only to amend the by-law to reflect the approved maximum density of 28 bedrooms, and otherwise dismissed the appeal.

The applicant appealed the City of Guelph's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit a 19-storey mixed-use building with retail, office space, and 150 apartment units.

The City argued the site should be retained for a potential future major office and that the proposed height was incompatible with the historic downtown.

The Tribunal found that the mixed-use proposal satisfied legislative requirements and provided needed housing and office space.

However, the Tribunal reduced the maximum height to 16 storeys to better transition to the historic core and imposed a Holding provision until sanitary sewer capacity issues are addressed.

The appeals were allowed in part.