ISSUE DATE:
May 13, 2024
CASE NO(S).:
OLT-23-000462
OLT-23-001087
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 subsection 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:
ZBA (2023)-20790
Property Address:
All lands within the City of Guelph
Municipality/UT:
Guelph/Wellington
OLT Case No.:
OLT-23-000463
OLT Lead Case No.:
OLT-23-000462
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Guelph & District Home Builders’ Association Inc. &
Guelph and Wellington Development Association
Subject:
Zoning By-law
Description:
Updates to the residential parking requirements in the Downtown Zones
Reference Number:
ZBA (2023)-20834
Property Address:
City-wide
Municipality/UT:
Guelph/Wellington
OLT Case No.:
OLT-23-001087
OLT Lead Case No.:
OLT-23-001087
OLT Case Name:
Guelph & District Home Builders’ Association Inc. v. Guelph (City)
Heard:
April 23, 2024 by Video Hearing (“VH”)
Parties
Counsel/Representative*
Thomasfield Homes Limited
Kevin Thompson, Giovanni Guiga,
Ferrovia Investments Inc.
Brittany Ennis* (articling student)
Windmill Development Group
Philip Osterhout
Ltd.
City of Guelph
Alex Ciccone, Allison Thornton
Ian White* (articling student)
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON April 23, 2024 AND ORDER OF THE TRIBUNAL
Link to the Order
INTRODUCTION
1This is a Settlement Hearing concerning three appeals, by Thomasfield Homes Limited, Ferrovia Investments Inc. and Windmill Development Group Ltd. (collectively, the “Settlement Appeals”). The Settlement Appeals are among 13 Appeals brought pursuant to s. 34(19) of the Planning Act (“Act”), in response to the City’s passing of the new Comprehensive Zoning By-law No. (2023)-20790 (“New CZBL”). The New CZBL purports to replace the former Comprehensive Zoning By-law No. (1995)-14864 (“Former CZBL”) in its entirety. The Tribunal notes that the current case also involves three other appeals by other Appellants associated with the City’s adoption of related site-specific updates to the City of Guelph Official Plan through Official Plan Amendment No. 88; however, these Official Plan Amendment appeals are unrelated to the present settlements.
SETTLEMENTS
Thomasfield Settlement Proposal
2Thomasfield owns the property municipally known as 295 Southgate Drive (the “Thomasfield Property”), which is currently occupied by an industrial mall, including a building maintenance service provider, stair contractor and a telecom equipment supplier. In addition, the Thomasfield Property has been home to Thomasfield’s head office for the past 43 years. It is zoned B.2-2 (Specialized Industrial) under the Former CZBL and B (Industrial) zoning in the New CZBL. The Thomasfield Property is designated Industrial in the Official Plan. Thomasfield has maintained the entire New CZBL under appeal for the Thomasfield Property.
3Specialized zoning under the Former CZBL includes permission for an office within a mall, whereas the B (Industrial) zoning in the New CZBL would only permit office uses as a complementary use (i.e. only in multi-unit buildings together with a primary permitted use).
4Thomasfield and the City have reached a settlement proposal that would resolve Thomasfield’s Appeal (“Thomasfield Settlement Proposal”). The Thomasfield Settlement Proposal would rezone the Thomasfield Property to a new site-specific B-17 Industrial zone, which would add ‘Office’ as a primary permitted use and, as a result, reflect the longstanding existing office use on the property.
Ferrovia Settlement Proposal
5Ferrovia owns the property municipally known as 512 Woolwich Street (the “Ferrovia Property”), which is currently occupied by two commercial/office buildings with a total approximate Gross Floor Area (“GFA”) of 2,880 square metres(“m2”) and 120 parking spaces. It is zoned OR-37 (Specialized Office Residential) under the Former CZBL and CC-3 (Specialized Convenience Commercial) under the New CZBL. Ferrovia has maintained the entire New CZBL under Appeal for the Ferrovia Property.
6The Ferrovia Property is currently used as an office, with a portion of one of the existing buildings being redeveloped as a daycare. The owner proposes to convert another vacant portion of the property to a medical clinic use. The Former CZBL would permit a medical clinic use to a maximum GFA of 464.5 m2. The New CZBL under Appeal would only permit offices as an additional use, limited to a maximum of 400 m2 and would not permit a medical clinic use.
7Ferrovia and the City have reached a settlement proposal that would resolve Ferrovia’s Appeal (“Ferrovia Settlement Proposal”). The Ferrovia Settlement Proposal would rezone the Ferrovia Property to a site-specific CC-11 zone, which would include the following components:
‘Office’ would be permitted as an additional use with a maximum GFA that matches the existing office space on the Ferrovia Property, thus permitting the continuance of the office use within existing buildings as a permitted use rather than as a legal non-conforming use; and,
A ‘Medical Clinic’ use would be permitted to a maximum of half of the total existing GFA of the two commercial/office buildings, being 1,440 m2, to account for parking requirements for Medical Clinic uses.
8The settlement proposal essentially maintains existing uses on the property and allows Ferrovia to develop a Medical Clinic with similar standards that it would have been permitted to develop as-of-right under the Former CZBL. The site-specific regulations ensure that the proposal is compatible with the surrounding area and has appropriate parking for a medical clinic use.
Windmill Settlement Proposal
9Windmill’s Appeal interests are as a party to an agreement of purchase and sale involving the lands municipally known as 55 Baker Street and 160 and 152 Wyndham Street North (the “Baker Lands”). The Baker Lands are a 1.08 hectare site located in the City’s Downtown, a portion of which is currently a municipal parking lot, and a portion of which is under construction for a new public library.
10The Baker Lands are designated Mixed Use 1, in the City’s Downtown Secondary Plan and zoned Site-Specific Downtown 1 (D.1-22) in the New CZBL. Windmill has maintained the entire New CZBL under appeal for the Baker Lands.
11On August 28, 2023, Windmill filed an application to amend the site-specific provisions of the New CZBL to facilitate the proposed development of the Baker Lands with two, 15-storey mixed use buildings, incorporating a total of 353 units. A companion application was also filed regarding the Former CZBL as the New CZBL was not yet in full force and effect.
12On December 12, 2023, the City passed two by-laws: By-law No. (2023)-20864, which amended the Former CZBL and By-law No. (2023)-20865 (the “Baker Lands By-law”), which amended the New CZBL to facilitate the development proposal.
13As the New CZBL is still under Appeal, the City and Windmill are jointly requesting that the Tribunal recognize the Baker Lands By-law as being in full force and effect on the Baker Lands, and to bring the New CZBL into full force and effect on the Baker Lands in accordance with those amendments (“Windmill Settlement Proposal”).
Decision
14The Tribunal confirms that it has received, reviewed and considered the following materials and submissions:
i. The uncontested opinion evidence of Katie Nasswetter, a Registered Professional Planner and full member of the Canadian Institute of Planners, contained in her comprehensive affidavit sworn April 16, 2024 (marked as Exhibit 1);
ii. The uncontested opinion evidence of Hugh Handy, a Registered Professional Planner and full member of the Canadian Institute of Planners, contained in his comprehensive affidavit sworn April 15, 2024 (marked as Exhibit 2);
iii. the Parties’ oral submissions in support of the settlement; and,
iv. a draft Order jointly submitted to give effect to the relief sought.
15The Tribunal understands that the aforementioned sworn affidavit evidence of Ms. Nasswetter reflects cooperative efforts and a common interest between the respective Parties to carry forward formerly permitted uses associated with the Thomasfield Property and Ferrovia Property into the New CZBL as initially adopted. The Tribunal further understands that Ms. Nasswetter’s and Mr. Handy’s evidence also supports the uncontested request to recognize the Baker Lands By-law as being in full force and effect on the Baker Lands, and to bring the New CZBL into full force and effect on the Baker Lands in accordance with those amendments.
16The Tribunal accepts the opinion evidence of Ms. Nasswetter and Mr. Handy as presented in their respective affidavits and similarly, finds that the subject settlements:
have appropriate regard for the matters of provincial interest, as required in Section 2 of the Planning Act;
are consistent with the Provincial Policy Statement, 2020;
conform to the Growth Plan for the Greater Holden Horseshoe, 2020;
conform to the City of Guelph Official Plan; and,
represent good planning in the public interest.
ORDER
17As it relates to Tribunal Case No. OLT-23-000462, THE TRIBUNAL ORDERS that:
- the Appeal by Thomasfield Homes Limited is allowed in part, and Comprehensive Zoning By-law No. (2023)-20790 is amended as follows:
a. A new Exception ‘B-17’ is added to the Comprehensive Zoning By-law No. (2023)-20790 in the form set out in Attachment 1 to this Order;
- the Appeal by Ferrovia Investments Inc. is allowed in part, and Comprehensive Zoning By-law No. (2023)-20790 is amended as follows:
a. A new Exception ‘CC-11’ is added to the Comprehensive Zoning By-law No. (2023)-20790 in the form set out in Attachment 2 to this Order;
b. Section 18.12.3 “CC-3” is modified to remove reference to 512 Woolwich Street, Guelph.
- the Appeal by Windmill Development Group is allowed in part, insofar as Comprehensive Zoning By-law No. (2023)-20790, as amended by the City of Guelph By-law No. (2023)-20865, a copy of which is attached to this Order as Attachment 3, is deemed to come into full force and effect with respect to the property municipally known as 152, 160 Wyndham Street North and 55 Baker Street on the date of this Order.
“K.R. Andrews”
K.R. ANDREWS
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
B-17 295 Southgate Drive As shown on Map Number 20 of Schedule A of this by-law.
(a) Permitted uses In addition to the permitted uses listed in Table 10.1 (B zone), the following additional use shall be permitted:
- Office
ATTACHMENT 2
CC-11 512 Woolwich Street As shown on Map Number 23 of Schedule A of this by-law.
(a) Permitted uses In addition to the permitted uses listed in Table 8.1 (CC zone), the following additional uses shall be permitted:
Office
Medical Clinic
(b) Regulations In accordance with Section 8.3.1 of this by-law, with the following exceptions and additions:
(i) Gross Floor Area a. A maximum total Gross Floor Area of 2880 square meters is permitted b. A Medical Clinic is permitted a maximum Gross Floor Area of 1440 square metres
ATTACHMENT 3