Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 21, 2023
CASE NO(S).: OLT-22-004603
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 2371633 Ontario Inc.
Subject: Request to amend the Official Plan – Refusal of request
Description: To permit a 10-storey mixed-use building containing 389 residential units and 600 square metres of commercial floor space
Reference Number: OZS22-005
Property Address: 785 Gordon Street
Municipality/UT: Guelph/Wellington
OLT Case No: OLT-22-004603
OLT Lead Case No: OLT-22-004603
OLT Case Name: 2361633 Ontario Inc v. Guelph (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit a 10-storey mixed-use building containing 389 residential units and 600 square metres of commercial floor space
Reference Number: OZS22-005
Property Address: 785 Gordon Street
Municipality/UT: Guelph/Wellington
OLT Case No: OLT-22-004604
OLT Lead Case No: OLT-22-004603
Heard: March 22, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
2371633 Ontario Inc. City of Guelph
Ira Kagan Olivia Rasekhi Allison Thornton
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID BROWN ON MARCH 22, 2023, AND ORDER OF THE TRIBUNAL
1The Tribunal convened a Case Management Conference (“CMC”) in respect of the appeals filed by 2371633 Ontario Inc. (“Appellant”) against the decisions of the City of Guelph (“City”) that refused an application for Official Plan Amendment (“OPA”) and an application to amend the Zoning By-law (“ZBA”). The lands that are the subject of the applications are located at 785 Gordon Street (“Subject Lands”) and the proposal is to redevelop the Subject Lands with a 10-storey residential building for post-secondary housing to be comprised of 389 residential units, 600 square metres of commercial floor space, 220 vehicle parking spaces, and 432 bicycle parking spaces.
2An Affidavit of Service sworn February 24, 2023 attesting to the giving of Notice for this proceeding was filed and marked as Exhibit 1.
3The Tribunal received a request for Participant Status from Bill Mungall, who resides in the immediate area. Mr. Mungall outlined that area residents have concerns with the proposed development which are outlined in the Participant Statement which is attached to the Participant Status Request Form marked as Exhibit 2.
4Counsel for the Appellant and Counsel for the City indicated no objections to the request for status. No other requests for Party or Participant status were received by the Tribunal.
5The Tribunal granted Participant Status to Mr. Mungall.
6Mr. Kagan, on behalf of the Appellant, advised that the Appellant is currently in discussions with the City with respect to the appeals and advised that the Parties are seeking Tribunal-assisted mediation. Mr. Kagan also requested that the OPA and ZBA appeals be “heard together” with an appeal pending before the Tribunal under Tribunal File No. OLT-22-003243 (formerly PL140042) in respect to an appeal of the City Official Plan Amendment No. 48 (“OPA 48”). He advised that the Appellant is also the appellant in the OPA 48 appeal under the corporate name Abode Varsity Living Inc. (“AVL”). The AVL appeal is the only remaining outstanding appeal in respect to OPA 48 affecting the Subject Lands.
7Ms. Thornton advised that the City concurs with the requests made by the Appellant’s Counsel.
8The Tribunal grants the request to hear the OPA and ZBA matters together with the OPA 48 appeal pursuant to Rule 16 of the Tribunal’s Rules of Practice and Procedure.
9The Tribunal directs the Parties to contact the Tribunal Case Coordinator in respect of the OPA and ZBA appeal to arrange for the submission of a Request for Tribunal-assisted Mediation. Should mediation be unsuccessful, the Tribunal will schedule a further CMC at its earliest convenience. Notice will be required to be provided by the Appellant as directed by the Tribunal.
ORDER
10THE TRIBUNAL ORDERS that Participant status is granted to Bill Mungall.
11THE TRIBUNAL ORDERS that Tribunal Case No. OLT-22-004603 shall be heard together with Tribunal Case No. OLT-22-003243 (PL140042).
12The Parties are directed to contact the Case Coordinator for this appeal to coordinate the request for Tribunal-assisted mediation.
13The Member is not seized.
“David Brown”
DAvid Brown
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.