Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 06, 2021
CASE NO(S).: PL171143
The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: LVH Developments (MC) Inc.
Subject: Proposed Plan of Subdivision - Failure of the Regional Municipality of Waterloo to make a decision
Purpose: To permit a 195 to 203 unit plan of subdivision
Property Address/Description: 1395 Main Street East
Municipality: City of Cambridge
Municipality File No.: 30T-13101
OMB Case No.: PL171143
OMB File No.: PL171143
OMB Case Name: LVH Developments (MC) Inc. v. Waterloo (Reg. Mun.)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: LVH Developments (MC) Inc.
Subject: Application to amend Zoning By-law No. 150-85 - Refusal or neglect of the City of Cambridge to make a decision
Existing Zoning: (H)R4 and OS1
Proposed Zoning: R6, RM3/RM4, N1 and OS1
Purpose: To permit the implementation the proposed development
Property Address/Description: 1395 Main Street East
Municipality: City of Cambridge
Municipality File No.: 30T-13101
OMB Case No.: PL171143
OMB File No.: PL171158
Heard: June 25, 2021 by telephone conference call
APPEARANCES:
Parties
Counsel
LVH Developments (MC) Inc.
D. Sunday
J. Doherty
Regional Municipality of Waterloo
F. McCrea
A. Gazzola
City of Cambridge
P. Kraemer
N. Auty
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON JUNE 25, 2021 AND ORDER OF THE TRIBUNAL
1This settlement hearing was held to consider a draft Plan of Subdivision (“SUB”) and Zoning By-law Amendment (“ZBA”) on appeal by LVH Developments (MC) Inc. (“Applicant”) to the absence of decisions by the Regional Municipality of Waterloo (“Region”) for the SUB and by the City of Cambridge (“City”) for the ZBA.
2The three Participants in this case, being adjacent owners and an adjacent developer, did not file Participant statements or attend the settlement hearing.
3The Tribunal heard from Victor Labreche, Registered Professional Planner for the Applicant, who signed a sworn affidavit (Exhibits 1 and 1A) with attached documents requested for approval. On Mr. Labreche’s written and oral evidence, the Tribunal heard as follows.
4This large site of 48 hectares (“ha”) on the east side of the City is suitable for residential development to proceed now that the location of the Region’s planned East Boundary Road has been established, natural features and functions associated with the Moffat Creek watershed have been identified for protection, and the Waterloo Region District School Board determined it does not require a school site on these lands. Almost 65% of the SUB area, or 31 ha, will contain protected environmental areas and the planned East Boundary Road in accordance with its Environmental Assessment. The remaining 17 ha suitable for development will accommodate 424 residential units, comprising detached and townhouse dwellings. The creation of individual street-front lots on the Blocks within the SUB will be regulated through part lot control, and grouped townhouses will proceed by site plan control and/or plan of condominium. The conditions proposed for the SUB satisfy all City, Region and other authorities’ requirements.
5Mr. Labreche opines that this housing development and environmental protection area within the built boundary of the City satisfies all statutory tests: regard for the provincial interests in s. 2 of the Planning Act (“Act”); conforms with A Place to Grow – Growth Plan for the Greater Golden Horseshoe, 2020; consistent with the Provincial Policy Statement, 2020; conforms with the Region and City Official Plans; and has due regard for the subdivision requirements of s. 51(24) of the Act.
6Having heard the settlement of the Parties and accepted the planning opinion of Mr. Labreche, the Tribunal finds that the SUB and ZBA satisfy all statutory requirements as listed above and are therefore approved.
ORDER
7The appeals are allowed in part, and
The draft Plan of Subdivision is approved as shown in Attachment 1 (being Exhibit 1, p. 18), subject to the fulfillment of the Conditions as contained in Attachment 2 (being Exhibit 1A);
Pursuant to s. 51(56.1) of the Planning Act, the Regional Municipality of Waterloo is granted authority to clear the conditions of draft plan approval and to administer final approval of the plan of subdivision under s. 51(58) of the Planning Act.
The City of Cambridge Zoning By-law No. 150-85 is amended by the By-law contained in Attachment 3 (being Exhibit 1, p. 49 – 56), to be numbered accordingly by the City Clerk.
8The Tribunal may be contacted should issues arise during the implementation of this Order.
“S. Tousaw”
S. TOUSAW
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.
PL171143 – Attachment 1
PL171143 – Attachment 2
PL171143 – Attachment 3