Ontario Land Tribunal Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 21, 2023
CASE NO(S).: OLT-23-000462
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: 2014707 Ontario Inc. (“Cook Homes”); Appellant: 2738766 Ontario Limited, 2738777 Ontario Limited and 848866 Ontario Limited; Appellant: 2742707 Ontario Limited; Appellant: 642762 Ontario Inc.; and others Subject: Zoning By-law Description: City of Guelph new Comprehensive Zoning By-law and related site-specific updates to the Official Plan Reference Number: ZBA (2023)-20790 Property Address: All lands within the City of Guelph Municipality/UT: Guelph/Wellington OLT Case No: OLT-23-000462 OLT Lead Case No: OLT-23-000462 OLT Case Name: Ferrovia Investments Inc. v. Guelph (City)
PROCEEDING COMMENCED UNDER section 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Forum Asset Management Appellant: Paisley & Whitelaw Inc. Appellant: Silvercreek Guelph Developments Limited and 2089248 Ontario Inc. Subject: Proposed Official Plan Amendment Description: City of Guelph new Comprehensive Zoning By-law and related site-specific updates to the Official Plan Reference Number: OPA No. 88 Property Address: All lands within the City of Guelph, and site-specific updates Municipality/UT: Guelph/Wellington OLT Case No: OLT-23-000463 OLT Lead Case No: OLT-23-000462
Heard: August 29, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Guelph | Peter Pickfield Allison Thornton Alex Ciccone (in absentia) |
| Multiple Appellants | Refer to Attachment 1 for Appearances by Appellants |
| 2793031 Ontario Inc | Meaghan McDermid |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON AUGUST 29, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) regarding appeals pursuant to sections 34(19) and 17(24) of the Planning Act (“Act”) by a number of appellants (“Appellants”) in relation to the City of Guelph’s (“City”) adoption of Comprehensive Zoning By-law (2023)-20790 (“CZBL”) and Official Plan Amendment No. 88 (“OPA”).
2The purpose of the CZBL is to replace the City’s existing Zoning By-law (1995)-14864 (“ZBL”) in its entirety. It will implement the vision and policies of the current Official Plan (“OP”) and contemporary zoning practices and it will place emphasis on built form, simplified uses and flexible zones. The purpose of the OPA is to adjust land use designations on specific properties to better reflect the existing built form, uses and zoning permissions.
3The Tribunal received an Affidavit of Service, sworn by Dylan McMahon, confirming that Notice of this CMC was given, and marked it as Exhibit 1. Upon review and consideration, and with no issues raised by the Parties, the Tribunal finds that Notice was appropriately given and that no further notice is required.
STATUS REQUESTS
4In response to the Notice, the Tribunal received a written request for Party status from 2793031 Ontario Inc (“279 Inc”), the owner of lands municipally known as 540 York Road in the City. Counsel for 279 Inc, Ms. McDermid, highlighted that 279 Inc is supportive of the CZBL, filed submissions during the municipal process and expressed an interest in seeing it come into force as soon as possible in order to advance its planned development. The granting of Party status would enable 279 Inc to monitor the appeals filed and to ensure the appeals will not result in zoning changes that would apply to its property or prejudice any future development. Counsel for 279 Inc also indicated that it would support a scoping motion and that once the CZBL was in force for its property then it would potentially withdraw from the appeal.
5The Tribunal heard from the City that it had no concerns with the status request and there were no submissions made by any of the Appellants. Upon review and consideration, the Tribunal granted Party Status to 279 Inc.
Update
6Counsel for the City provided a status update advising that that there have been positive, active discussions with all Appellants in this matter, including discussions regarding the potential for a scoping motion to bring some of the provisions of the CZBL into full force and effect. The City advised that it planned to continue individual discussions with all Appellants to narrow and scope issues, determine how to proceed and potentially resolve some of the appeals. Mr. Pickfield also indicated that most of the appeals were site-specific appeals with one or two involving city-wide appeals of specific provisions of the CZBL.
7It was suggested by Mr. Pickfield, with no concerns expressed by any of the Appellants, that a one-day scoping motion as well as a second CMC be scheduled. He also highlighted that it would be in the public and community interest to bring as much of the CZBL into force and effect as soon as possible (through the scoping motion) as there are currently many development applications on hold due to the appeals.
Tribunal-Led Mediation
8The Tribunal highlighted the availability of Tribunal-led mediation and advised the Parties to contact the Case Coordinator should they wish to pursue this option.
DRAFT PROCEDURAL ORDER
9The Tribunal did not receive a draft Procedural Order (“PO”) for consideration as the Parties advised that the Issues List (“IL”) was still being discussed and refined but would be finalized and submitted to the Tribunal in advance of the next CMC. Mr. Pickfield agreed that the City would coordinate the submission of the draft PO including the IL. The Tribunal advised that the draft PO would be due 14 days in advance of the second CMC and that any materials regarding potential settlements to be heard at the second CMC were to be submitted to the Tribunal 10 days in advance.
SCHEDULING OF FUTURE HEARINGS
10The Tribunal agreed with the Parties’ request to schedule a scoping motion as well as a second CMC to consider the draft PO including IL and to address any parts of the appeals that could be settled.
11The Tribunal scheduled a scoping motion to be heard on Tuesday, October 31, 2023, at 10 a.m. by video conference.
12The Tribunal scheduled a second CMC for Friday, December 1, 2023, at 10 a.m. by video conference.
13The hearings are scheduled to proceed by video as follows:
Scoping Motion Tuesday, October 31, 2023, at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/927921077 Access code: 927-921-077 Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9391 Audio-only access code: 927-921-077
Second CMC Friday, December 1, 2023, at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/709076365 Access code: 709-076-365 Audio-only line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 709-076-365
14Parties 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.
15Parties 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
16Persons 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.
17Individuals 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
18The Tribunal Orders that:
a) 2793031 Ontario Inc is granted Party status;
b) A scoping motion will be heard on Tuesday, October 31, 2023, at 10 a.m. by video conference;
c) A second CMC will occur on Friday, December 1, 2023, at 10 a.m. by video conference;
d) The draft PO including IL will be provided to the Tribunal on or before Friday, November 17, 2023, and any settlement materials will be provided to the Tribunal on or before Tuesday, November 21, 2023;
e) There will be no further notice and the Member is not seized on this matter.
“S. Bobka”
S. BOBKA 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
APPELLANTS
| PARTY | COUNSEL |
|---|---|
| 2014707 Ontario Inc. (“Cook Homes”) | Jennifer Meader |
| Paisley & Whitelaw Inc. | Jennifer Meader |
| Silvercreek Guelph Developments Limited and 2089248 Ontario Inc. | Tom Halinski Jasmine Fraser |
| Guelph Watson Holdings Inc. | Tom Halinski Jasmine Fraser |
| Loblaw Properties Limited | Tom Halinski Jasmine Fraser |
| 642762 Ontario Inc. | Kevin Thompson Giovanni Giuga |
| Guelph & District Home Builders’ Association Inc. and Guelph & Wellington Development Association | Kevin Thompson Giovanni Giuga |
| Thomasfield Homes Limited | Kevin Thompson Giovanni Giuga |
| University Village (Guelph) Limited | Kevin Thompson Giovanni Giuga |
| Ferrovia Investments Inc. | Kevin Thompson Giovanni Giuga |
| 2738766 Ontario Limited, 2738777 Ontario Limited and 848866 Ontario Limited | Eric Davis |
| IJK Holdings Inc. | Eric Davis |
| 2742707 Ontario Limited | Jasmine Fraser Eileen Costello (in absentia) |
| Forum Asset Management | Johanna Shapira |
| Industrial Equities Guelph Corporation | Daniel Angelucci Michael Foderick (in absentia) |
| Windmill Development Group Ltd. | Philip Osterhout |