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Notice of the Passing of a zoning bylaw by the City of Guelph

Zoning By-Law
LowesRd_19_59_Loc_Map (002)

Guelph City Council passed by-law Number (2019)-20418, for property at 19-59 Lowes Road West (ZC1615) on July 8, 2019, under section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended.

An explanation of the purpose and effect of the bylaw as well as a key map of the lands are included. The complete bylaw with all the background material is available for inspection at the Planning and Building Services, City Hall, 3rd Floor, 1 Carden Street, Guelph, Ontario from 8:30 a.m. to 4 p.m.

The Decision of a draft plan of Condominium Subdivision (23CDM17504) of the Corporation of the City of Guelph was also passed on July 8, 2019, regarding the same lands.

Any individual, corporation, or public body may appeal the bylaw to the Local Planning Appeal Tribunal (LPAT) by filing a notice of appeal with the City Clerk by July 31, 2019, no later than 4 p.m. The appeal must include the objection to the bylaw, the reasons in support of the objection and the $300 fee paid by certified cheque or money order payable to the “Minister of Finance”. 

A notice of appeal may not be filed by an unincorporated association or group.  However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf.  The appeal forms are available electronically from the LPAT’s website,, or in paper format from ServiceGuelph, City Hall, 1st Floor, 1 Carden Street, Guelph, Ontario, from 8:30 a.m. to 4 p.m.

No person or public body will be added as a party to the hearing of the appeal of the decision unless, before the bylaw was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Local Planning Appeal Tribunal, there are reasonable grounds to add the person or public body.

Any and all written submissions relating to this application that were made to City Council before its decision and any and all oral submissions related to this application that were made at a public meeting, held under the Planning Act, have been, on balance, taken into consideration by City Council as part of its deliberations and final decision on this matter.

DATED at the City of Guelph July 11, 2019.
Stephen O’Brien, City Clerk
City of Guelph
1 Carden Street, Guelph, Ontario  N1H 3A1

By-law Number (2019)-20418 has the following purpose and effect:
This Bylaw authorizes a Zoning Bylaw Amendment to the properties municipally known as 19, 29, 35, 41, 51 and 59 Lowes Road West, City of Guelph. A Zoning Bylaw Amendment application (File No. ZC1615) was received by the City of Guelph from Reid’s Heritage Homes on behalf of the property owners, Parry Schnick and Catriona Forbes, on September 1, 2016, and was deemed to be complete on September 20, 2016.

The subject lands affected by this Zoning Bylaw Amendment are located on the north side of Lowes Road West, between Gordon Street to the east and Dawn Avenue to the west. The subject lands are approximately 1.65 hectares in size and are legally described as All of Lots 3, 4, 5 and 6, Registered Plan 508 and Part of Lots 15 and 16, Registered Plan 467, Geographic Township of Puslinch, City of Guelph (See Key Map).

The Zoning Bylaw Amendment will rezone the subject lands from the existing ‘R.1B’ (Residential Single Detached) Zone to the ‘R.1D-52’ (Specialized Single Detached) Zone to implement a draft plan of vacant land condominium. This zoning will permit the development of thirty-six (36) single detached dwellings on units within the vacant land condominium.

The Zoning Bylaw Amendment will confirm that the standard R.1D (Residential Single Detached) provisions and regulations, as outlined in Section 4, Section 5.1.2 and Table 5.1.2 of the Zoning Bylaw will apply to the development of the subject lands, with the following specialized exceptions and additions:
Buildings and structures on private roadway

To permit buildings and structures on lots or condominium units abutting a privately owned street whereas the Zoning Bylaw requires all buildings and structures to be on lots abutting a publicly owned street.

Definition of a Lot
In addition to the definition of a Lot in Section 3 of By-law Number (1995)-14864, as amended, that for the purposes of this Zone, a vacant land condominium unit within a draft approved or registered plan of condominium shall be considered a Lot.
Severability provision

The provisions of this Bylaw shall continue to apply collectively to the whole of the subject lands in this Zone, despite any future severance, phase of registration, partition or division for any purpose.
The proposed Zoning Bylaw Amendment was initially considered by Guelph City Council at a Public Meeting held on November 14, 2016. A second Public Meeting was held by Guelph City Council to discuss a revised Zoning Bylaw Amendment on July 10, 2017. Guelph City Council held a Decision Meeting for the proposal on July 8, 2019. The July 8, 2019 Guelph City Council approval includes forty-eight (48) conditions that will be completed at a future date through site plan approval. A site plan control agreement will be registered on title to the lands.

Further information may be obtained by contacting Infrastructure, Development and Enterprise,
519-837-5616 x 2790, City Hall, Guelph, Ontario.

Persons desiring to officially support or object to this Zoning Bylaw Amendment must file their support or objection with the City Clerk, City Hall, Guelph, as outlined in this “Notice of Passing”. Any comments or objections which you may have previously submitted are considered to have been unofficial and for the City’s guidance only.
The key map showing the location of the subject lands to which By-law Number (2019)-20418 applies: