Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 09, 2025
CASE NO(S).: OLT-22-004603
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 2371633 Ontario Inc.
Subject: Request to amend the Official Plan – Refusal of request
Description: To permit a 10-storey mixed-use building containing 389 residential units and 600 square metres of commercial floor space
Reference Number: OZS22-005
Property Address: 785 Gordon Street
Municipality/UT: Guelph/Wellington
OLT Case No: OLT-22-004603
OLT Lead Case No: OLT-22-004603
OLT Case Name: 2371633 Ontario Inc v. Guelph (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit a 10-storey mixed-use building containing 389 residential units and 600 square metres of commercial floor space
Reference Number: OZS22-005
Property Address: 785 Gordon Street
Municipality/UT: Guelph/Wellington
OLT Case No: OLT-22-004604
OLT Lead Case No: OLT-22-004603
Heard: November 25, 2024 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2371633 Ontario Inc. | Sarah Kagan Ira Kagan |
| City of Guelph | Peter Pickfield Colin Léger (in absentia) |
DECISION DELIVERED BY S. BOBKA AND ORDER OF THE TRIBUNAL
Link to the Order
INTRODUCTION
1These Appeals arise following the City of Guelph’s (“City”) failure to render decisions within the required time period on applications by 2371633 Ontario Inc. (“Applicant”) for an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”) with respect to lands municipally known as 785 Gordon Street in the City (“Subject Property”).
2The Parties have come to agreement and appeared before the Tribunal to jointly present a settlement for consideration. The revised development proposal is to demolish the existing building on the Subject Property and construct an 11-storey, mixed-use student residence building with:
a. 463 post-secondary school residence units containing 724 bedrooms, which will include a mix of one, two and three-bedroom units;
b. a proposed total gross floor area (“GFA”) of 31,941 square metres (“sq. m”);
c. 455 sq. m of commercial GFA fronting/facing Gordon Street at-grade;
d. an overall residential density of 548 units per hectare (“UPH”);
e. an overall height of 36.7 metres (“m”) from established grade to the top of the roof and various stepbacks around the building;
f. a 17.4 m wide and 5.5 m deep recessed portion of the building at the approximate mid-block point along Harvard Road to provide additional articulation and massing relief;
g. access via a single driveway connection to/from Harvard Road for vehicular access to the at-grade parking area and the single level of underground parking garage; and,
h. significant public realm enhancements around the building, including landscaping and design features.
3The following chart outlines the project statistics as contained in the settlement plans:
| Architectural Plans (November 2024) | |
|---|---|
| Site Area | 8,462.2 sq. m (0.846 hectare) |
| Total GFA | 31,941 sq. m |
| Residential GFA | 31,486 sq. m |
| Commercial GFA | 455 sq.m |
| Units / UPH | 463 units / 548 UPH |
| Bedrooms | 724 bedrooms |
| Amenity Space | |
| Indoor Amenity Space | 2,052 sq. m |
| Outdoor Amenity Space | 1,861 sq. m |
| Total Amenity Space | 3,913 sq. m |
| Height | |
| Building Height | 11-storeys (36.7 m) |
| Parking | |
| Number of Vehicle Parking Spaces (cumulative | 211 (181 residential spaces, 16 commercial spaces, 14 additional) |
| Number of Bicycle Parking Spaces | 519 (467 long-term, 52 short-term spaces) |
[Exhibit 1, pages 16-17, paragraph 63]
PROPOSED INSTRUMENTS
4The proposed OPA will redesignate the Subject Property from Neighbourhood Commercial Centre to High Density Residential and add a site-specific policy to permit a maximum height of 11-storeys, a maximum net density of 548 UPH for housing geared to students, and a maximum GFA of 500 sq. m of convenience commercial uses on the first storey.
5The proposed ZBA will rezone the Subject Property from ‘NCC-2(PA)(H12)’ (Neighborhood Commercial Centre- Site Specific- Parking Adjustment-Holding 12-Municipal Services) to ‘RH.7-XX(PA)’ (High Density Residential 7- Site Specific- Parking Adjustment).
HEARING
6The Tribunal confirms that it has received and considered the following materials and submissions:
a. the oral testimony and comprehensive sworn Affidavit of Michael S. Goldberg, a Registered Professional Planner and a full member of the Canadian Institute of Planners retained by the Applicant;
b. the attached Exhibits to the sworn Affidavit of Michael S. Goldberg;
c. the Parties’ oral submissions in support of the settlement;
d. the Joint Document Book (volumes 1-4);
e. the Compendium of Witness Statements of both the Applicant and the City;
f. the Visual Evidence of both the Applicant and the City;
g. the final instruments, submitted by the Parties, on consent; and
h. the draft Order, submitted by the Parties, on consent.
7Upon review of his Curriculum Vitae and signed Acknowledgment of Expert’s Duty form, the Tribunal qualified Mr. Goldberg to provide expert opinion evidence in land use planning.
8It was the uncontroverted summary opinion of Mr. Goldberg that the proposed OPA and ZBA before the Tribunal:
a. have regard for the matters of Provincial interest in s. 2 of the Planning Act;
b. are consistent with the Provincial Planning Statement, 2024 (“PPS 2024”);
c. subject to the proposed OPA, conform with the City’s Official Plan (“OP”); and
d. represent good planning and are in the public interest.
9Mr. Goldberg highlighted that:
a. The proposed development has regard for the applicable matters of Provincial interest as it represents the orderly development of a safe and healthy community in an appropriate location. It will add a range of student housing units and options and feature sustainable design including a well-designed built form which will contribute to an enhanced streetscape.
b. The proposed settlement is consistent with the PPS 2024 as it adds to the range of housing options (specifically providing much-needed student housing) within a strategic growth area within a large and fast-growing municipality, which is an appropriate location for increased density, mixed-use intensification and growth. He stated that the proposal efficiently uses land, public facilities and existing infrastructure, promotes active transportation and is transit-supportive.
c. The proposed OPA and ZBA conform with the general intent of the City OP and represent good planning. He stated that the proposal is located appropriately in a strategic growth area which features a mix of institutional, residential and retail/commercial uses as well as varying heights. It supports the creation of a complete and healthy community which is well-designed, compact and vibrant, addresses the student housing shortage, and is near transit and the University of Guelph. There are generous setbacks and buffering from the neighbourhood to the south which creates an appropriate relationship between the nearby existing lower buildings and different land uses and achieves compatibility with the surrounding area. The density rates proposed will result in a student population that is appropriate for the Subject Property, maintains the general intent of the City’s OP density target and is consistent with Provincial planning documents.
d. The proposed ZBA implements the development proposal agreed to the satisfaction of the City and the Appellant. The proposed ZBA amends Zoning By-law No. (2023) 20790 and rezones the Subject Property/Lands to ‘RH.7-XX(PA)’ (High Density Residential 7- Site Specific- Parking Adjustment).
FINDINGS
10The Tribunal accepts the uncontroverted opinion evidence of Mr. Goldberg, and finds that the proposed OPA and ZBA have regard to the applicable matters of Provincial interest as found in s. 2 of the Act, are consistent with the PPS 2024, conform to the City’s OP, and otherwise reflect principles of good land use planning in the public interest.
11The Tribunal finds that the proposal supports residential intensification, will create a range of purpose-built, student housing options in an appropriate location planned for growth, and is of an appropriate type and scale to be compatible with the surrounding area. In addition, the proposal features a compact, well-designed built form, supports transit and active transportation modes, and efficiently utilizes existing and planned municipal infrastructure.
ORDER
12THE TRIBUNAL ORDERS THAT the Appeals are allowed, in part, and:
a. the Official Plan of the City of Guelph is amended as set out in Attachment 1 to this Order; and
b. By-law No. (2023)-20790 is amended as set out in Attachment 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.
13AND THE TRIBUNAL ORDERS THAT in the event there are issues arising from the implementation of this Order, the Tribunal may be spoken to.
“S. Bobka”
S. BOBKA 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
Attachment 2