Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 16, 2022
CASE NO(S).: OLT-22-001969 (Formerly PL200367)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Skydevco Inc.
Subject: Request to amend the Official Plan - Refusal of request by City of Guelph
Existing Designation: “Institution or office”
Proposed Designated: “Mixed Use 1”
Purpose: To permit the development of a 25-storey mixed use building with retail and office space together with 180 apartment units
Property Address/Description: 70 Fountain Street East
Municipality: City of Guelph
Approval Authority File No.: OZS19-015
OLT Case No.: OLT-22-001969
Legacy Case No.: PL200367
OLT Lead Case No.: OLT-22-001969
Legacy Lead Case No.: PL200367
OLT Case Name: Skydevco Inc. v. Guelph (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Skydevco Inc.
Subject: Application amend Zoning By-law No. (1995)-14864 - Refusal of Application by City of Guelph
Existing Zoning: “Central Business District” (CBD. 1-1)
Proposed Zoning: Site – specific - “Downtown” (D.1)
Purpose: To permit the development of a 25-storey mixed use building with retail and office space together with 180 apartment units
Property Address/Description: 70 Fountain Street East
Municipality: City of Guelph
Municipal File No.: OZS19-015
OLT Case No.: OLT-22-001971
Legacy Case No.: PL200368
OLT Lead Case No.: OLT-22-001969
Legacy Lead Case No.: PL200367
Heard: November 10, 2022, by video hearing
APPEARANCES:
Parties
Counsel
Skydevco Inc. (“Applicant”)
E. Costello
J. Fraser
City of Guelph (“City”)
A. Thornton
DECISION DELIVERED BY S. TOUSAW AND ORDER OF THE TRIBUNAL
1The Applicant’s Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) were approved in principle in the Tribunal’s Interim Decision of March 16, 2022, subject to certain requirements. The Parties were able to reach agreement on all requirements except for Holding provisions in the ZBA related to sanitary servicing capacity. The Parties requested this Case Management Conference to address this dispute.
2Given the complexity of the servicing issue and the divergent views of the Parties, the Tribunal directed a written Motion hearing, with consent of the Parties. Dates were established for submissions, following which the Tribunal would issue a Motion Decision. Fortunately, however, in the course of preparing for the Motion, the Parties’ further dialogue resulted in a settlement of the Holding provisions for servicing.
3With the City’s consent, the Applicant filed the final OPA and ZBA and confirmed that all of the Interim Order’s requirements have been satisfied.
4Upon review of the proposed OPA and ZBA, the Tribunal accepts the Parties’ confirmation that the Interim Order has been followed, including requirements for building design, office space, rental housing, and sanitary sewer capacity. The Tribunal finds that the final OPA and ZBA satisfy all legislative requirements as reviewed in the Interim Decision.
5The Tribunal congratulates the Parties in their resolution of a substantial servicing issue.
ORDER
6The Tribunal Orders that the appeals are allowed in part, and the City of Guelph Official Plan and the City of Guelph Zoning By-law No. (1995)-14864 are amended as set out in Attachments 1 and 2 to this Decision.
7The Clerk of the City of Guelph is authorized to assign document and section numbers to Attachments 1 and 2 for record keeping purposes.
“S. Tousaw”
S. tousaw
vice-chair
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.
ATTACHMENT 1
PROPOSED OFFICIAL PLAN AMENDMENT
Schedule C of the Downtown Secondary Plan is hereby amended by changing the designation on the property shown on SCHEDULE OPA-1 from “Institutional or Office” to “Mixed Use 1”, maintaining the extent of the “Active Frontages” delineated on the subject property.
Schedule D of the Downtown Secondary Plan is hereby amended by changing the permitted building height on the property shown on SCHEDULE OPA-2 from “3 to 6 storeys” to “5 to 15 storeys”, with an “**” that permits up to 16 storeys on Schedule D.
Section 11.1.7.3.9 is hereby amended by adding a site-specific policy for 70 Fountain Street / 75 Farquhar Street that reads as follows:
11.1.7.3. # For the property at 70 Fountain Street / 75 Farquhar Street in the Mixed Use 1 designation:
(a) Notwithstanding Schedule D, the maximum building height is 16 storeys.
(b) The implementing zoning shall:
(i) Require a minimum of 1,550 square metres of Gross Floor Area used solely for Office uses as part of any development or redevelopment on the property. Additional Gross Floor Area for Office uses is encouraged.
(c) Further to Policy 7.2.5, the conversion of rental accommodation to condominium housing tenure is not permitted on this site
SCHEDULE OPA-1
Proposed Changes to Schedule C, Downtown Secondary Plan
SCHEDULE OPA-2
Proposed Changes to Schedule D, Downtown Secondary Plan
ATTACHMENT 2
PROPOSED ZONING BY-LAW AMENDMENT
Defined Area Map 37 in Zoning By-law (1995)-14864 is hereby amended by changing the Zone on the property shown on SCHEDULE ZBA-1 from “Central Business District (CBD.1-1)” to “Specialized Downtown Zone (D.1-#)”.
Defined Area Map 65 in Zoning By-law (1995)-14864 is hereby amended by adding the delineation “Active Frontage Area” on the property shown on SCHEDULE ZBA-2.
Defined Area Map 67 in Zoning By-law (1995)-14864 is hereby amended by changing the permitted minimum and maximum building height to “5-15 storeys”, with an “*” that permits up to 16 storeys on the property shown on SCHEDULE ZBA-3.
Section 6.3.3.1 in Zoning By-law (1995)-14864 is amended by adding the following “Specialized Downtown D.1-#” regulations:
6.3.3.1.# D.1-#
70 Fountain Street / 75 Farquhar Street
As shown on Defined Area Map Number 37 of Schedule “A” of this Bylaw. Permitted Uses
6.3.3.1. #.1 Any new development containing residential uses constructed after the date this Exception is applied to the property shall be in the form of a Mixed-Use Building that:
(a) Shall have a total maximum Gross Floor Area, including all uses, of 18,500 square metres.
(b) Shall have a minimum Gross Floor Area of 1,550 square metres used solely for Office.
(c) Shall have a maximum Gross Floor Area of 12,500 square metres for residential uses.
(d) Notwithstanding the definition of “Mixed-Use Building”, may have Office and Dwelling Units that share a vestibule with a common entrance to the outside and separate entrances to the Office and Dwelling Units inside.
6.3.3.1.#.# Maximum Building Height
Notwithstanding Defined Area Map 67, the maximum Building Height shall be 16 Storeys.
6.3.3.1.#.# Minimum Tower Setbacks
That the tower portion of the proposed building (each Storey above the 4th Storey) be setback a minimum of 15 metres from the front (Wyndham St S) and rear (easterly) Lot lines measured perpendicularly from the exterior wall.
6.3.3.1.#.# Minimum Building Stepback
Despite Section 6.3.2.1, the following minimum stepbacks shall be required for all portions of the building above the 3rd Storey, measured from the Building face of the 3rd Storey:
i) Front stepback (from Wyndham St): 4.5 metres
ii) Exterior Side stepback (from Farquhar St and Fountain St): 3 metres
iii) Rear stepback: 11.5 metres
6.3.3.1.#.# Maximum Tower Floorplate
Despite Section 6.3.2.1, that a maximum tower Floorplate of 925 square metres apply to each Storey above the 4th Storey.
Active Frontage Regulations
6.3.3.1.#.4 Notwithstanding Section 6.3.2.4.1.4, there shall be no minimum height of the first Storey for those portions containing functions such as service space, loading and storage space, and parking garage entrance.
6.3.3.3.#.5 Notwithstanding Section 6.3.2.4.1.5, the minimum number of Active Entrances to the first Storey on the Exterior Side Yard Building façade abutting Farquhar Street shall be 1.
6.3.3.1.#.6 Notwithstanding Section 6.3.2.4.1.7, along the Farquhar Street Street Line the Uses identified in the Active Uses column in Table 6.3.1.1 with a “√” and common areas for a Mixed-Use Building shall occupy a minimum of 40% of the Street Line.
Minimum Parking
6.3.3.1. #.7 For minimum parking requirements:
(i) Notwithstanding Section 6.3.2.5.1, the minimum number of parking spaces for Dwelling Units within a Mixed-Use Building shall be 0.81 spaces per unit plus the 0.05 visitor parking space per unit required by Section 6.3.2.5.1.1.
Parking Setback
6.3.3.1.#.8 Notwithstanding Section 6.3.2.5.2.1.4, a Parking Area within a parking garage may be located within the first Storey of a Building up to and at the Exterior Side Lot Line shared with Fountain Street.
Access to Parking Area
6.3.3.1.#.9 Notwithstanding Row 6 on Table 6.3.2.7, vehicle access to a Parking Area may be from 1 Driveway from each Exterior Side Lot Line shared with Fountain Street and Farquhar Street.
6.3.3.1.#.# Above-grade Parking Areas
For any portion of the Building used for parking above the first Storey, sloped parking areas (excluding access ramps) are not permitted. Each Storey must be level and have a minimum height of 3.5 metres, to permit potential future conversion to office space.
6.3.3.1.#.# Holding Provision
Purpose:
To ensure that development of the subject lands does not proceed until the following condition has been met to the satisfaction of the City related to the subject development.
Condition:
That sanitary sewer condition and sanitary capacity is confirmed and available for the proposed development to the satisfaction of the City.
- Should it be determined that any necessary services required for the proposed development are not adequate and available, then prior to the (H) being lifted:
(i) Adequate security for the actual design and construction costs of any municipal services required for the proposed development shall be provided to the City in a matter satisfactory to the City; and,
(ii) Any municipal services required for the proposed development shall be designed to the satisfaction of the City; and,
(iii) Any municipal services required for the proposed development shall be constructed to the satisfaction of the City.
SCHEDULE ZBA-1
Proposed Changes to Defined Area Map 37, Zoning By-law (1995)-14864
SCHEDULE ZBA-2
Proposed Changes to Defined Area Map 65, Zoning By-law (1995)-14864
SCHEDULE ZBA-3
Proposed Changes to Defined Area Map 67, Zoning By-law (1995)-14864