ISSUE DATE: March 6, 2024
CASE NO.: 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 Case Name: OLT-22-004020 Carson Reid Homes Ltd. & South Edge Ltd. V. Guelph (City)
BEFORE: S. DIXON MEMBER
Wednesday, the 21st day of February, 2024
THIS MATTER having come before the Tribunal by way of Written Hearing;
AND THE TRIBUNAL having been advised by all Parties to this matter that the Parties have agreed upon the final approval of a modified version of Official Plan Amendment No. 79 (“OPA 79”) to the City of Guelph (“City”) Official Plan;
AND THE TRIBUNAL being further advised that the proposed modifications to OPA 79 were considered and endorsed by City Council on October 4, 2023, November 21, 2023, December 12, 2023, and February 6, 2024;
AND THE TRIBUNAL being in receipt of and having reviewed and considered the uncontested opinion evidence contained in the affidavit of Melissa Castellan Aldunate, sworn on February 16, 2024;
AND THE TRIBUNAL hereby recognising Ms. Castellan Aldunate, having 23 years of professional land use planning experience and having been previously qualified by the Tribunal as an expert in land use planning on several occasions, as once again being qualified to provide the Tribunal with expert opinion evidence in the area of land use planning;
AND THE TRIBUNAL recognising that Exhibit 7 to the affidavit of Ms. Castellan Aldunate reflects a modified version of OPA 79 (“Final Modified OPA 79”) that was reached through the cooperative efforts of all Parties utilising Tribunal-led mediation;
AND WHEREAS Ms. Castellan Aldunate’s affidavit confirms for the Tribunal that the Final Modified OPA 79:
- Has regard for the matters of provincial interest as set out in s. 2 of the Planning Act, R.S.O. 1990, c. P.13, as amended;
- Is consistent with the Provincial Policy Statement, 2020;
- Conforms to the Growth Plan for the Greater Golden Horseshoe, 2019, as amended;
- Conforms to the City Official Plan;
- Conforms to the purpose and intent of OPA 79 as adopted by City Council;
- Represents good planning; and
- Is in the public interest;
AND WHEREAS the Tribunal issued an Order on February 16, 2024, granting partial approval of a previously modified version of OPA 79;
THE TRIBUNAL ORDERS that:
- The partial approval of Official Plan Amendment No. 79 to the City of Guelph Official Plan (“OPA 79”) granted by the Tribunal by way of Order on February 16, 2024, is hereby revoked;
- The appeals pursuant to s. 17(24) of the Planning Act are allowed in part and OPA 79 is hereby modified as set out in Attachment 1 to this Order; and
- OPA 79 is hereby approved as set out in Attachment 1 to this Order.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
Ontario Land Tribunal
Website: 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
APPROVED OFFICIAL PLAN AMENDMENT NO. 79 TO THE CITY OF GUELPH OFFICIAL PLAN
Official Plan Amendment 79 to the Official Plan for the Corporation of the City of Guelph
Council Approved Official Plan Amendment May 16, 2022 As modified February 12, 2024
Part B – The Amendment Format of the Amendment
This section (Part B) of Amendment 79 sets out additions and changes to the text and mapping in the Official Plan. Sections of the Official Plan that are being added or changed are referred to as ‘ITEMs’ in the following description. If applicable, entire sections to be deleted are described, however, the text is not shown in strike-out. Entire sections to be added are described and the new text is shown in regular font type (i.e., as it would appear in the Official Plan with titles appearing in bold). Text to be amended is illustrated by various font types (e.g., struck-out is to be deleted and bold text is to be added). Italicized font indicates defined terms.
Implementation and Interpretation
The implementation of this amendment shall be in accordance with the provisions of the Planning Act. The further implementation and associated interpretation of this amendment shall be in accordance with the relevant text and mapping schedules of the Official Plan of the City of Guelph and applicable legislation.
Amendment 79 should be read in conjunction with the existing 2001 Official Plan, (February 2022 Consolidation). The Official Plan is