Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 25, 2023
CASE NO(S).: OLT-22-004298
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2589618 Ontario Inc. and 2613598 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal to make a decision
Description: To permit 30 cluster townhouses and a five-storey apartment building with 40 residential units
Reference Number: OZS19-004
Property Address: 78 & 82 Eastview Road
Municipality/UT: City of Guelph
OLT Case No.: OLT-22-004298
OLT Lead Case No.: OLT-22-004298
OLT Case Name: 2589618 Ontario Inc. and 2613598 Ontario Inc. v. Guelph (City)
Heard: February 6, 2023 via video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2589618 Ontario Inc. and 2613598 Ontario Inc. | R. Uukkivi |
| City of Guelph | A. Thornton |
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON FEBRUARY 6, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Ontario Land Tribunal (the “Tribunal”), was with respect to the appeals of the refusal of the City of Guelph (“City”) to make a decision regarding an Application to amend the City’s to amend the City’s Comprehensive Zoning By-law. The Application includes two adjacent properties located at 78 and 82 Eastview Road (“Subject Lands”).
2The Subject Lands are situated on the north side of Eastview Road and backs onto a natural area. It is generally located halfway between Victoria Road North and Watson Parkway North. To the south, east, and west of the subject site is existing residential development. The site contains a single detached dwelling and accessory structures on each of the two lots representing the Subject Lands.
3On March 25, 2019, an application was submitted for a Zoning By-law Amendment (“ZBA”) to permit 57 cluster townhouse units on a private road network in a standard condominium. The Subject Lands are designated as Low Density Greenfield Residential and Significant Natural Areas in the City of Guelph Official Plan. They are zoned Urban Reserve (UR) Zone and Specialized Residential Single Detached Holding (R.1B-39(H)) Zone in the City of Guelph Zoning By-law. A range of residential uses including townhouses are permitted in the Official Plan.
4A ZBA is required to develop the Subject Lands. The ZBA is a conformity exercise to bring the zoning in line with Official Plan policy objectives.
5The application was deemed complete on April 12, 2019. A Statutory Public Meeting was held on June 10, 2019 and the City’s comments were provided between May 2019 to August 2019.
6Following meetings with City staff and in response to concerns raised over the submitted Hydrogeological Study, water balance and site layout, the application reduced the number of cluster townhouses from 57 to 30 and introduced a new 5 storey 40 unit apartment building along Eastview Road.
7The revised development form continued to conform to the low Density Greenfield Residential designation, and to the applicable Official Plan provisions in general. The revisions were formally resubmitted on November 20, 2020.
8In February 2021, further comments were provided by the City with the same concerns regarding potential impact to the wetland and questioning the amount of disturbance to the site. The Applicants provided a second resubmission on November 17, 2021 with the following additional information:
Further calculations were completed to provide additional detail and narrative to identify continuity of the hydrogeological regime before and after development.
The site plan layout was generally maintained from the second submission with minor adjustments to building placement and footprint, but with the same overall yield.
Substantially more detail was provided on the engineering drawings to support the application and address the City’s comments.
9The City requested a meeting with the Applicant prior to the issuance of new comments regarding the development’s impact on the wetlands. On April 29, 2022, City Staff indicated they intended to bring the Planning Report forward to Council in July 2022 with a recommendation to deny the application.
10At the July 11, 2022 Council Meeting, Guelph Council refused the application.
11The Applicants appealed Council’s decision to refuse the application for a Zoning By-law Amendment to the Ontario Land Tribunal pursuant to Section 34(11) of the Planning Act.
12The purpose of the Case Management Conference (“CMC”) was to receive status updates from both parties to organize the hearing of these appeals.
13The Tribunal is in receipt of the Affidavit of Service of Ms. Valerie Swettenham, the Legal Assistant of counsel for 2589618 Ontario Inc. and 2613598 Ontario Inc. and is marked as Exhibit 1.
PARTY AND PARTICPANT REQUESTS
14The Tribunal was presented with two requests for Party status.
152363707 Ontario Inc. and 2267498 Ontario Ltd (collectively “Ontario”) informed the Tribunal that they are the owners of 66 Eastview Rd, which abuts the subject site to the north. Their lands are zoned “Urban Reserve” and “Low Density Greenfield Residential.” These lands are contemplated for development.
16The Tribunal further heard that the only means to access Ontario’s lands would be through the subject site at 78-82 Eastview Rd as the surrounding land is designated Natural Heritage Features and Parks. If the application proceeds as proposed, the effect would be to landlock Ontario’s lands and constrain the development potential of these lands.
17All counsel agreed on consent to all requests for Party Status.
18The Tribunal granted both 2363707 Ontario Inc. and 2267498 Ontario Ltd Party Status.
19The Tribunal was presented with one request for Participant status.
20Ms. Naomi Ridout informed the Tribunal she is a neighbour of the proposed site, residing at 66 Eastview Road, in a relatively new townhouse. As a resident of a new development, she has no objections in principle to the redevelopment of the land as long as the proposal recognizes and complies with Guelph’s environmental guidelines. Ms. Ridout further submitted from her personal experience observing the landscaping and building processes during construction of her home, the City of Guelph was consistent in its position regarding the proper installation of features designed to protect the wetlands and was clear in its communications with the developer.
21All counsel agreed on consent to the request for Participant Status.
22The Tribunal granted Ms. Ridout Participant Status.
HEARING
23The Parties informed the Tribunal that they are seeking a hearing of five (5) days.
24The Tribunal hereby scheduled a hearing of the merits of these appeals commencing on Monday October 23, 2023 at 10:00 a.m. Five (5) days have been set aside.
25Parties 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.
26The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/442599157
Access Code: 442-599-157
27Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: Toll-Free 1-888-455-1389 or +1-(647) 497-9391. The Access Code is as indicated above.
28Parties and Participants are asked to access and set up the 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
29Individuals 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 hearing 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.
ORDER
30No further notice will be given.
31The Member is not seized.
32The Parties on consent have submitted as Attachment “1” , an updated Procedural Order and Issues List to these proceedings.
33So Orders the Tribunal.
“Carmine Tucci”
CARMINE TUCCI 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.
ATTACHMENT 1