Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 11, 2024
CASE NO(S).: OLT-24-000004
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Tricar Properties Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of two, 10-storey apartment buildings
Reference Number: OZS20-004
Property Address: 1242-1270 Gordon St and 9 Valley Rd
Municipality/UT: Guelph/Wellington
OLT Case No: OLT-24-000004
OLT Lead Case No: OLT-24-000004
OLT Case Name: Tricar Properties Ltd v. Guelph (City)
Heard: April 3, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative
Tricar Properties Limited
Andrew Baker Lee English
City of Guelph
Allison Thornton Ian White (Articling Student)
MEMORANDUM OF ORAL DECISION DELIVERED BY S. Dixon ON April 3, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1This was the first Case Management Conference (“CMC”) for an appeal filed by Tricar Properties Limited (“Appellant”) pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), concerning Zoning By-Law Amendment application OZS20-004 (“ZBA”) in the City of Guelph (“City”) for lands municipally known as 1242-1270 Gordon Street and 9 Valley Road (“Subject Lands”).
2The ZBA was submitted to the City on May 28, 2020 with corresponding Official Plan Amendment and Draft Plan of Subdivision applications. The City deemed the applications complete on June 30, 2020 and a Statutory Public Meeting was held on September 14, 2020.
3In response to comments from the public and the City, the Appellant submitted revised applications in October 2021, July 2022, and September 2023. The September 2023 revisions pertain only to the ZBA.
4The City did not make a decision on the applications within the statutory timeframe prescribed by the Act and the appeal was filed on that basis. The appeal applies only to the ZBA.
NOTICE
5The Tribunal was provided with an Affidavit of Service sworn by Alley Poon on March 12, 2024, which was marked as Exhibit 1. There were no concerns with the service of notice for the CMC and as such, no further notice is required.
STATUS REQUESTS
6The Tribunal received seven uncontested requests for Participant Status from the following individuals:
Tony Campagnolo;
Mark DeNardis;
Claudia Espindola;
Richard Martin;
Neil Parker;
Wendy Priestman; and
Bruce Wilson.
7The above individuals are generally concerned with potential traffic impacts from the proposed development. One individual noted their support for the relocation of a new park on the Subject Lands proposed through the revised ZBA.
8All requests for Participant Status were granted by the Tribunal.
CITY MOTION
9The City noted their intent to file a motion with the Tribunal on the basis that, in their view, the September 2023 resubmission of the ZBA constitutes a new application that has not met certain statutory prerequisites. It is therefore the City’s submission that the appeal to the ZBA is not properly before the Tribunal.
10The Appellant submitted that the appeal is in relation to the original application, which was deemed to be complete on June 30, 2020. Accordingly, the statutory time frame for the City to make a decision on same has substantially lapsed.
11The Tribunal directed that should the City decide to file the proposed motion, they do so in writing by no later than Friday, May 3, 2024.
SECOND CMC AND HEARING DATES
12The Appellant noted that the September 2023 resubmission of the ZBA also included a related Site Plan Application (“SPA”), which has not yet been deemed to be complete by the City. The Appellant anticipates that an appeal of the SPA may be forthcoming, and it may therefore be appropriate to have appeals for both the ZBA and the SPA heard together.
13Accordingly, the Appellant submitted that a second CMC scheduled for early October 2024 may be appropriate to address the potential hearing together of both appeals, finalise a Procedural Order for same, and provide the Tribunal with any other necessary updates.
14The Tribunal agreed and scheduled a second CMC for Wednesday, October 2, 2024 at 10 a.m. by Video Hearing.
15The Appellant also requested that a Hearing of Merits be scheduled for early 2025. The Tribunal canvassed the Parties regarding their preliminary estimates for the number and types of witnesses that may be required at a hearing and scheduled a 10-day Video Hearing commencing Monday, March 10, 2025 at 10 a.m.
16Parties and Participants are asked to log in to the Video Hearing events at least 15 minutes before the start of each event to test their video and audio connections:
Wednesday, October 2, 2024 at 10 a.m. (one-day CMC)
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
Monday, March 10, 2025 at 10 a.m. (10-day Merit Hearing)
GoTo Meeting: https://meet.goto.com/348282861
Access code: 348-282-861
Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
17Parties 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.
18Persons 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 the audio-only telephone lines as indicated above.
19Individuals 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 Video Hearing 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.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
20The Tribunal was in receipt of a Draft Procedural Order (“DPO”) in advance of the CMC which was generally acceptable to the Tribunal. However, no draft issues were submitted given the City’s proposed motion noted above. The Tribunal directed that – should the Hearing proceed as currently scheduled – the Parties submit a revised DPO and Issues List to the Tribunal in advance of the Second CMC for the Tribunal’s consideration.
21The Parties are hereby further directed to provide a status update to the Tribunal’s Case Coordinator by no later than Friday, August 30, 2024.
ORDER
22THE TRIBUNAL ORDERS that the following persons are granted Participant Status to these proceedings:
Tony Campagnolo;
Mark DeNardis;
Claudia Espindola;
Richard Martin;
Neil Parker;
Wendy Priestman; and
Bruce Wilson.
23THE TRIBUNAL ORDERS that the Parties provide a Status Update to the Tribunal by no later than Friday, August 30, 2024.
24There will be no further notice.
25This Member is not seized.
“S. Dixon”
S. DIXON
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.