Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 03, 2021
CASE NO(S).: PL161294, PL180546
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Rykur Holdings Inc.
Subject: Request to amend the Official Plan - Refusal of request by City of Guelph
Existing Designation: Mixed Use D2 Land Use in the Downtown Secondary Plan
Proposed Designation: Mixed Use D2 Land Use in the Downtown Secondary Plan
Purpose: To permit a building height of 5 storeys whereas 4 storeys are permitted
Property Address/Description: 75 Dublin Street North
Municipality: City of Guelph
Approval Authority No.: OP 1603
OMB Case No.: PL161294
OMB File No.: PL161294
OMB Case Name: Rykur Holdings Inc. v. Guelph (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Guelph Old City Residents Association Inc.
Appellant: Rykur Holdings Inc.
Appellant: Upper Grand District School Board
Subject: By-law No# (2016)-20113
Municipality: City of Guelph
OMB Case No.: PL161294
OMB File No.: PL161295
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Rykur Holdings Inc.
Subject: Request to amend the Official Plan - Refusal of request by the City of Guelph
Existing Designation: Mixed Use 2
Proposed Designated: Site Specific
Purpose: To permit a maximum building height of five storeys
Property Address/Description: 75 Dublin Street North
Municipality: City of Guelph
Approval Authority No.: OP 1706
OMB Case No.: PL180546
OMB File No.: PL180546
OMB Case Name: Rykur Holdings Inc. v. Guelph (City)
Heard: July 21, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Rykur Holdings Inc.
S. Kaufmann
City of Guelph
P. Pickfield
Upper Grand District School Board
A. Heisey
Guelph Old City Residents Association Inc.
I. Flett
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS AND PIERRE BRUNELLE ON JULY 21, 2021 AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (“CMC”) regarding an appeal brought by Rykur Holdings Inc. (“Rykur”) of the refusal by the City of Guelph (“Guelph”) to pass an Official Plan Amendment and regarding appeals brought by Rykur, the Upper Grand District School Board, and the Guelph Old City Residents Association Inc. regarding the passage by the City of a Zoning By-law Amendment. Both proceedings relate to the property located at 75 Dublin Street North. The proceedings were consolidated by the Tribunal in November 2020.
2At the CMC, the Tribunal was informed by Rykur and the City that they have reached a proposed settlement. They requested, on consent, that a further CMC be scheduled in order to give the other Parties time to review the proposed settlement and consider their positions. The Tribunal scheduled a further CMC for November 2, 2021.
3Prior to the CMC, the Tribunal received nine written requests for Participant status. The requests were received from:
Sandy Clipsham
Karen Hunter
Roger Johnson
Catherine Killen
Lillian and Peter Links
Sandra Parmegiani
Christine Peters
Mary Peirson
Susan Watson
The requests raise height, traffic, greenspace, parking, compatibility, and other concerns relating to the proposed Official Plan and Zoning By-law Amendments. None of the Parties objected to the requests for Participant status and the Tribunal granted them, as requested.
4The Tribunal directed that, if a settlement is reached by all of the Parties:
a. the Parties provide details regarding the proposed settlement to the Participants by Friday, October 15, 2021;
b. the Participants serve the Parties and file with the Tribunal their written submissions regarding the proposed settlement by Monday, October 25, 2021; and,
c. the CMC scheduled for Tuesday, November 2, 2021 will be converted into a settlement hearing.
5If no settlement is reached, the Parties agreed to prepare and file with the Tribunal an Issues List and draft Procedural Order by Friday, October 29, 2021.
ORDER
6The Tribunal orders that the persons listed in paragraph [3] of this Order and Decision are Participants in this proceeding.
7The Tribunal orders that a further CMC will be held by video hearing on Tuesday, November 2, 2021 commencing at 10 a.m. One day has been set aside.
8Parties and Participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/427461453
Access Code: 427-461-453
9Parties and Participants are asked to set up the video hearing application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
10Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The Access Code is indicated as above.
11Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the CMC by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
12If a settlement agreement is reached by all of the Parties, the Tribunal directs that they provide details regarding the proposed settlement to the Participants by Friday, October 15, 2021.
13If a settlement agreement is reached by all of the Parties, the Tribunal directs that the Participants serve the Parties and file with the Tribunal their written submissions regarding the proposed settlement by Monday, October 25, 2021.
14If no settlement is reached, the Tribunal directs that the Parties file with the Tribunal an Issues List and draft Procedural Order by Friday, October 29, 2021.
15There will be no further notice.
16These Members are not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS
MEMBER
“Pierre Brunelle”
PIERRE BRUNELLE
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.