Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 16, 2024
CASE NO(S).: OLT-22-004020
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant: 1077955 Ontario Inc.
Appellant: 2575950 Ontario Inc.
Appellant: 2595286 Ontario Inc.
Appellant: Carson Reid Homes Ltd. & South Edge Ltd.
Appellant: Gordon Street Inc.
Appellant: Ikonkar Group Inc. and 2298667 Ontario Inc.
Appellant: Neumann Group
Appellant: Options for Homes
Appellant: The Corporation of the Township of Puslinch
Appellant: Thomasfield Homes Limited
Subject: Proposed Official Plan Amendment No. 79
Municipality: City of Guelph
OLT Lead Case No.: OLT-22-004020
OLT Case No.: OLT-22-004020
OLT Case Name: Carson Reid Homes Ltd. & South Edge Ltd. v. Guelph (City)
Heard: January 25, 2024 by video hearing
APPEARANCES:
Parties
Counsel
City of Guelph
Peter Pickfield Allison Thornton Ian White (articling student)
Township of Puslinch
Thomas Sanderson
2021 Gordon Street Inc., 2093 Gordon Street Inc., Michael and Sarah Watt, Herbert Neumann, Frank Cerniuk, Sieben Holdings Limited, H and J Produce Limited, and McEnerny Industries Limited, and 2575950 Ontario Inc.
Shelley Kaufman Jennifer Meader (in absentia) Scott Snider (in absentia)
2595286 Ontario Ltd. and Pinegrove Developments, Carson Reid Homes Ltd. and South Edge Ltd., and Ikonkar Group Inc. and 2298667 Ontario Inc.
Kevin Thompson Giovani Guiga
Options for Homes Non-Profit Corporation (Greater Toronto Area)
Matthew Schuman Cynthia MacDougall (in absentia)
1077955 Ontario Inc.
Raj Kehar Denise Baker (in absentia)
Thomasfield Homes Ltd. and Springfield Golf and Country Club
Brendan O’Callaghan
Foundation for the Support of International Medical Training Inc.
Paula Lombardi (not present)
Timberworx Custom Homes Inc.
Jonathan Minnes (not present)
MEMORANDUM OF ORAL DECISION DELIVERED BY david brown and JACKIE Denyes ON january 25, 2024 AND ORDER OF THE TRIBUNAL
BACKGROUND AND INTRODUCTION
1The matters before the Tribunal concern the partial Settlement of Appeals filed pursuant to s. 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (the “Act”) in connection with the adoption of Official Plan Amendment No. 79 (“OPA 79”) by the City of Guelph (“City”).
2OPA 79 introduced the Clair-Maltby Secondary Plan (“CMSP”) which affects approximately 470 hectares located at the southerly end of the City and is described in the City's Official Plan (“OP”) as, “the only remaining greenfield area in the city that has not been comprehensively planned.” The CMSP is situated on the Paris-Galt Moraine, the natural heritage system which forms a prominent feature of the area, and includes the Halls Pond and Mill Creek Provincially Significant Wetland Complexes.
3Ten Appeals were filed in response to the City’s adoption of OPA 79. Nine Appeals were filed by landowners within the CMSP area and the tenth Appeal was filed by the Township of Puslinch (“Puslinch”). Two further non-appellant Parties were granted status in these proceedings at the commencement of the Appeal process. Three Appeals remain outstanding, one Appeal being site-specific and the remaining unresolved issue being the determination of the size and location of proposed parkland.
4Mr. Pickfield explained that the partial Settlement is being brought forward to allow for the partial approval of a modified OPA 79 while protecting the three remaining Appellants and the ability to pursue their Appeals before the Tribunal at the Merit Hearing scheduled to commence before the Tribunal on February 12, 2024.
SUBMISSIONS AND EVIDENCE
5Melissa Castallen Aldunate, a qualified land use planner and the Manager of Policy Planning and Urban Design at the City, testified in support of the partial Settlement. Ms. Aldunate provided an Affidavit outlining her support for the partial Settlement and her opinion for the Tribunal’s consideration. The Affidavit was marked as Exhibit 1.
6Ms. Aldunate advised that she oversaw the preparation of all aspects of the CMSP and related studies including a Comprehensive Environmental Impact Study and a Master Environmental Servicing Plan in support of CMSP. She further advised that she provided input into the mediation and settlement processes and participated in the development of policy and mapping modifications to OPA 79 to resolve issues resulting in the Modified OPA 79 before the Tribunal.
7Ms. Aldunate proffered that the OP, as amended by Official Plan Amendment 80 (“OPA 80”), reflects the results of a comprehensive review for conformity with A Place to Grow; Growth Plan for the Greater Golden Horseshoe, 2020, as amended (“Growth Plan”). OPA 80 was adopted by the City Council on July 11, 2022, and a revised approval was given by the Province through the passage of Bill 150, An Act to enact the Official Plan Adjustments Act, 2023, on December 6, 2023. Ms. Aldunate advised that OPA 80 was informed in part by the background studies and draft policies and schedules of OPA 79.
8The land use policies addressed in the CMSP include the following: Visions, Guiding Principles and Objectives, Managing Growth and Community Structure, Water Resources and Natural Heritage, Cultural Heritage, Energy, Water, Wastewater and Stormwater Management, Mobility, Open Space System, and Land Use, Built Form and Urban Design. The CMSP also included schedules and appendices supporting the land use policies.
9The mediation process resulted in the revisions to OPA 79 which in turn resulted in all Parties entering into Global Minutes of Settlement (“MOS”) in which the Parties agreed to request the Tribunal to approve the Modified OPA 79.
10Ms. Aldunate reviewed the revisions made to OPA 79 addressing the issues raised and resulting in the MOS for the Modified OPA 79. The revisions included the following.
Managing Growth
11The policies in section 11.3.2.1 were modified to remove policies that duplicate the directions set out in OPA 80 with respect to density targets for the designated greenfield area.
Green Gateway
12The policies in sections 11.3.2.2, 11.3.6.4, and 11.3.8.3 and Principle 3.5 were revised to clarify that the green gateway is planned to be an entry feature contained within the municipal right-of-way and Policy 11.3.8.3.7 was deleted.
Urban-Rural Transition
13Policies relating to the Urban-Rural Transition (“URT”) and reference to the URT on schedules were deleted and replaced with a new policy providing direction addressing development along the City boundary, the north side of Maltby Road and the west side of Victoria Road South.
Cultural Heritage
14Cultural Heritage policies and schedules were modified to reflect recent changes to the Ontario Heritage Act. Clarification was also provided to address the conservation of resources and section 4.8 of the OP.
Water Resources and Stormwater
15Policies contained in 11.3.3.1 were modified to clarify that the water resource system extends beyond the municipal boundary and the design of stormwater management systems will require consultation with adjacent jurisdictions. Stormwater policies contained in 11.3.5.4 and 11.3.9.3 were also modified to include direction with respect to studies required to support development applications.
Natural Heritage System
16The policies addressing Natural Heritage Systems were modified to provide clarity and guidance to the studies required to support the development and future management of natural heritage lands. The policies in 11.3.3.2 were modified, deleted and/or replaced shifting responsibilities to the City for land management studies for public natural heritage system lands and the monitoring of the lands.
Significant Landform
17Policies referring to Significant Landform were intended to provide guidance for development on lands adjacent to Significant Landforms and the general intent of these policies is addressed in the OP. Certain policies were deleted and others were modified to reflect this intent.
Mobility
18Mobility policies addressing the road network and refinements to the mobility systems, access to arterial roads, right-of-way requirements and future connections were modified addressing concerns raised and providing clarity within OPA 79 and the OP.
Multi-use Connection
19OPA 79 included policy direction for future study of a multi-use connection across Gordon Street to address active transportation connection and wildlife movements. The policy was revised to provide clarity that the feasibility of the connections will be studied as a component of an environmental assessment as part of the creation of the future Gordon Street Policies.
Open Space and Parks and Moraine Ribbon
20The Open Space policies for the Moraine Ribbon have been modified to clarify its purpose, intent and function and that it is considered as parkland and the areas required as Moraine Ribbon have been mapped together with a trail network included in the CMSP. Modifications were also made to the active transportation network to ensure connectivity was maintained in areas where the Moraine Ribbon was removed.
21In response to issues relating to the potential size of parks, policies were revised to remove the size reference noting that the OP provides direction for the development of municipal parks.
Land Use, Built Form and Design
22Policies addressing building height have been refined and the minimum floor space index policies have been deleted in the High Density Residential and Mixed-use land use designations. The Neighbourhood Commercial and Mixed-use land use designation policies have been amended to align with the same land use designations in the OP. The High Density Residential and Mixed-Use land use designations have been amended to allow for flexibility in the form, type, and mix of housing units permitted.
Phasing and Finance
23Modification to the Phasing and Finance policies will allow for flexibility in development while maintaining conformity with the OP that requires the orderly and efficient development of lands and extension of services. Refinements to the requirements for landowner agreements to be entered into, prior to development were included in the modifications.
Appendices
24Appendices to OPA 79 were deleted removing duplication of information contained elsewhere in the City documents and the Appendices do not form part of the CMSP or the OP.
Schedules
25The Schedules to OPA 79 were modified to implement the changes to the policies arising from the MOS and provide greater clarity within the Schedules.
26The OP Natural Heritage System Schedules were revised and amended to address provincial policy requirements and update the Schedules to reflect current updates to the information since the adoption of OPA 79.
27Ms. Aldunate opined that the policies and schedules contained in the Modified OPA 79 are consistent with the Provincial Policy Statement, 2020 (“PPS”) and conform with the Growth Plan.
28The modifications to OPA 79 provide clarity and consistency of language with respect to the policy directions and land use permissions within the OP and implement the existing OP policies. Ms. Aldunate opined that the Modified OPA 79 conforms to the OP.
29Ms. Aldunate proffered that the modifications to policies and schedules contained within the Modified OPA 79 uphold the policy direction approved by the City Council and align with the vision and principles of the CMSP as approved by Council.
30Ms. Aldunate opined that the Modified OPA 79 represents good planning and is in the public interest and recommended that the Tribunal grant a partial approval of OPA 79 with the modified policies and schedules as described in Exhibit 1.
ANALYSIS AND FINDINGS
31The Tribunal accepts the uncontroverted affidavit evidence and testimony of Ms. Aldunate in support of the partial approval of OPA 79, as modified.
32The Tribunal has reviewed the matters of provincial interest as set out in section 2 of the Act and is satisfied that OPA 79, as modified, has appropriate regard for these matters.
33The Tribunal finds that OPA 79, as modified, is consistent with the PPS and conforms with the Growth Plan and the OP as set out in the evidence proffered by Ms. Castallen-Aldunate.
34The Tribunal finds that the partial approval of the Modified OPA 79, as supported by the Parties and as set out in the MOS, represents good planning and is in the public interest as it will facilitate the advancement of development plans of some of the Appellants while preserving the Appeals of certain other Appellants and allowing the remaining issues in question to be addressed by the Tribunal at the Merit Hearing scheduled on February 12, 2024.
35The Tribunal allows the Appeals in part and partially approves OPA 79, as modified, as set out in Schedule A of Exhibit 7 contained in the Affidavit of Ms. Castallen-Aldunate (Tribunal Exhibit 1) and in Schedule 2 to this Order delineated with blue hatching.
36The partial approval of the OPA 79, as modified, shall be strictly without prejudice to and shall not have the effect of limiting the rights of Appellants who have not resolved their issues in this proceeding to request as a consequence of their evidence, that the Tribunal modify, delete, or add to the unapproved portions of Modified OPA 79.
37Further, the partial approval of the OPA 79, as amended, shall be strictly without prejudice to and shall not have the effect of limiting the jurisdiction of the Tribunal to consider and approve modifications, deletions, or additions to the unapproved portions of Modified OPA 79 on a plan-wide or site-specific basis, as the case may be, or to render decision on the remaining Appeals that deviate from, or are inconsistent with, those portions of Modified OPA 79, as partially approved, including on a plan-wide or site-specific basis, as the case may be, provided that the Parties shall be bound by the commitments made by them to scope their issues.
ORDER
38THE TRIBUNAL ORDERS that the Appeals are allowed in part and the Official Plan for the City of Guelph be amended as follows:
a. All of the Policies and Schedules, including Items 1 to 15 inclusive to Modified Official Plan Amendment No. 79 that are not highlighted in yellow or outlined in red as set out in Schedule 1 attached to this Order;
b. All of the Policies and Schedules to Modified Official Plan Amendment No. 79 that are outlined in red but not highlighted in yellow as set out in Schedule 1 to this Order subject to a property-specific exception for 2162 Gordon Street which remains subject to the Appeal by Options for Homes Non-Profit Corporation (Greater Toronto Area); and,
c. Modified Official Plan Amendment No. 79 Schedules A, B, C, and D on a site-specific basis only for the lands owned by Herbert Neumann, Frank Cerniuk, Sieben Holdings Limited, H and J Produce Limited and McEnery Industries Limited, 2575950 Ontario Inc., and 2021 Gordon Street Inc., 2093 Gordon Street Inc. and Michael and Sarah Watt, as identified on Schedule 2 attached to this Order.
39The Panel may be spoken to through the Case Coordinator should any questions arise with the implementation of this Order.
“David Brown”
DAVID BROWN
MEMBER
“Jackie Denyes”
JACKIE DENYES
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.
SCHEDULE 1
SCHEDULE 2