Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 16, 2024
CASE NO(S).: OLT-22-003490 (Formerly PL121406)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Victoria Park Village Inc. Subject: Application to amend Zoning By-law No. (1995)- 14864 - Refusal or neglect of the City of Guelph to make a decision Existing Zoning: Residential Proposed Zoning: Residential Site Specific (To be determined) Purpose: To permit the development of 503 residential lots Property Address/Description: 1159 Victoria Road South Municipality/UT: Guelph/Wellington Municipality File No.: ZC 1206 OLT Case No.: OLT-22-003490 Legacy Case No.: PL121406 OLT Lead Case No.: OLT-22-003490 Legacy Lead Case No.: PL121406 OLT Case Name: Victoria Park Village Inc. v. Guelph (City)
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Victoria Park Village Inc. Subject: Conditions of approval of draft plan of subdivision Reference Number: 23T07506 Property Address: 1159 Victoria Road South (1159 Victoria Rd. S.) OLT Case No.: OLT-22-003491 Legacy Case No.: PL121407 OLT Lead Case No.: OLT-22-003490 Legacy Lead Case No.: PL121406
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Victoria Park Village Inc. Subject: Site Plan Property Address/Description: 1159 Victoria Road South Municipality/UT: Guelph/Wellington Municipal File No.: 23T07506 OLT Case No.: OLT-22-003492 Legacy Case No.: PL130408 OLT Lead Case No.: OLT-22-003490 Lead Legacy Case No.: PL121406
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Victoria Park Village Inc. Subject: Request to amend the Official Plan – Refusal of request Reference Number: OZS22-002 Property Address/Description: 12 Poole Street Municipality/UT: Guelph/Wellington OLT Case No.: OLT-22-004238 OLT Lead Case No.: OLT-22-003490 Lead Legacy Case No.: PL121406
Heard: August 15, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Victoria Park Village Inc. | Russell D. Cheeseman, Stephanie Fleming |
| City of Guelph | Peter Pickfield, Allison Thornton |
MEMORANDUM OF ORAL DECISION DELIVERED BY C. TUCCI ON AUGUST 15, 2023 AND ORDER OF THE TRIBUNAL
Link to the Order
1The Tribunal was informed that the Parties confirmed that a settlement had been reached and the settlement was presented for the consideration of the Tribunal.
2The appeals were brought under s. 22(7) and s. 34(11) of the Planning Act (“Act”) by Victoria Park Village Inc. (“Appellant”) against the City of Guelph (“City”) for refusal of the applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBLA”).
3The Tribunal was presented the following materials for this settlement hearing:
Affidavit of J. Ariens Exhibit 1
Minutes of Settlement Exhibit 2
EVIDENCE/ANALYSIS/CONCLUSIONS
4Counsel for the Appellant, with the consent of all Parties, called John Ariens to provide evidence in support of the proposed settlement. Mr. Ariens was qualified by the Tribunal to provide expert opinion evidence on land use planning.
5In his Affidavit and in his oral testimony, Mr. Ariens provided:
- He has been participating in the development review and approvals process affecting these lands since 2012 through the firm of Arcadis/IBI Group when they were acquired by Victoria Park Village Inc.
- He has provided planning advice and assistance to coordinate the redesign of an existing draft approved subdivision upon these lands. The subject lands represent the last remaining vacant Block within the subdivision which still has outstanding planning approvals needed to complete the development.
- The subject lands are located on the western side of Victoria Road South, between the intersections of Macalister Boulevard and Arkell Road. The subject lands are municipally known as 12 Poole Street and legally described as Block 91, Plan 61M244 subject to an easement in gross over Part 1, Plan 61R22074 as in WC650076 City of Guelph. The subject lands have an approximate area of 23,700 square metres (2.37 hectares).
- The purpose of the applications before the City is to amend the Official Plan and Zoning By-law No. (1995)- 14864 to give effect to the Appellants’ proposal to develop a four-storey stacked back to back townhouses primarily along the periphery of the block and a six to 10 storey stepped back apartment building proposed in the north-east quadrant.
- The buildings will sit upon an underground parking garage and will be serviced with private internal access roads. A central outdoor amenity area will provide additional open space.
- A total of 268 townhouses and 187 apartment units are proposed, and overall parking will consist of 13 surface parking spaces and 528 underground spaces for a total of 541 parking spaces for the total of 455 units.
- The proposal was reviewed for conformity and consistency with the Provincial Policy Statement 2020 (“PPS”), the Growth Plan for the Greater Golden Horseshoe 2020 (“Growth Plan”), the City of Guelph Official Plan (“City OP”), and Zoning By-law Nos. (1995)-14864 as the apply to the subject proposal;
- In his opinion, the Proposal is consistent with and accurately reflects the intent of the PPS through the efficient, utilization of land, provision of a number of housing options, compatibility with the surrounding area, utilization of existing municipal servicing, and preservation of natural heritage and hydrological features.
- He opined that the Proposal conforms to the Growth Plan, as it will contribute to a more complete community by providing a different housing form that is currently not available in this area. Further, it represents a form of intensification within the City’s designated greenfield area while preserving natural heritage and hydrological features.
- He further opined that the Proposal conforms to the intent of the OP by enabling development that will help achieve the target minimum density of 50 residents and jobs per hectare across the entire subdivision and broader greenfield area. Further, it will ensure the preservation of adjacent natural heritage and hydrological features, support a diversified housing stock, be appropriately serviced by existing and planned municipal infrastructure, and will take advantage of the City’s trail network to connect future residents with parks, natural heritage, schools and other community amenities within the surrounding area.
- He opined that the proposed ZBA will establish the appropriate residential zoning categories upon this block together with appropriate regulations designed to implement the development concept, setbacks, density, heights, parking and other pertinent regulations.
6Overall, it was his opinion that the OPA and ZBA contemplated under the Settlement will offer an appropriate form of housing, constitute "good land use planning" and are in the public interest.
7Mr. Ariens explained that, when the applications were submitted Zoning By-law (1995)-14864 was in force and effect but in April of 2023, the City passed a new comprehensive Zoning Bylaw (2023)-20790 (the “2023 Zoning By-law”), which is not yet in effect as a result of ongoing appeals of the passage thereof. Therefore, the Tribunal was advised that, in addition a zoning by-law to implement the required zoning permissions under the 1995 Zoning By-law, a second site specific Zoning By-law amendment would be required to implement the same zoning permission within the 2023 Zoning By-law when it comes into force and effect.
8It was noted that work is underway to draft replacement zoning bylaw amendment which incorporates the zoning permissions established in the Proposed Zoning By-law Amendment into the 2023 Zoning By-law, and which would replace the Proposed Zoning By-law Amendment when the 2023 Zoning Amendment comes into full force and effect.
9As such, the Parties requested that the Tribunal approve the proposed Official Plan Amendment and the proposed amendment to Zoning By-law (1995)-14664, and remain seized for the limited purpose of considering an amendment to the 2023 Zoning By-law, incorporating the zoning permissions established in the ZBA, once the 2023 Zoning By-law comes into force and effect.
10Upon review of Mr. Ariens’s affidavit and his oral testimony, the Tribunal accepts his expert opinions and is satisfied that the draft OPA and ZBA under the Parties’ Settlement is consistent with the relevant provisions of the PPS; conforms with the Growth Plan; is in conformance with the City’s OP.
ORDERS
11THE TRIBUNAL ORDERS that the appeals are allowed, in part, and:
- The Official Plan for the Municipality of Guelph/Wellington is amended as set out in Schedule 1 to this Order.
- The City of Guelph Zoning By-law (1995)-14664, is amended as set out in Schedule 2 to this Order. The Tribunal authorizes the municipal clerk of the City of Guelph to assign a number to this by-law for record keeping purposes.
- The Tribunal shall remain seized of this matter for the limited purpose of considering an amendment to the 2023 Zoning By-law which incorporates the zoning permissions established in the Zoning By-law Amendment within the 2023 Zoning By-law when the 2023 Zoning By-law comes into force and effect.
12In the event that there are any issues arising out of the Tribunal’s disposition or in the Orders set above, the Parties may request further assistance from the Tribunal.
13The TRIBUNAL ORDERS that, in accordance with Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, this Order is effective on August 15, 2023.
“C. Tucci”
C. 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
SCHEDULE 1
SCHEDULE 2