Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 21, 2022
CASE NO(S).: OLT-21-001349
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Polocorp Inc.
Subject: Application to amend Zoning By-law No. 150-85 - Refusal or neglect of City of Cambridge to make a decision
Description: To permit 185 residential units with a mix of single detached, townhouse and stacked townhouse units
Property Address: 155 and 171 Guelph Ave.
Municipality/UT: Cambridge/Waterloo
OLT Case No.: OLT-21-001349
OLT Lead Case No.: OLT-21-001349
OLT Case Name: Polocorp Inc. v. Cambridge (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Polocorp Inc.
Subject: Proposed Plan of Subdivision - Failure of City of Cambridge to make a decision
Description: To permit 185 residential units with a mix of single detached, townhouse and stacked townhouse units
Property Address: 155 and 171 Guelph Ave.
Municipality/UT: Cambridge/Waterloo
OLT Case No.: OLT-21-001350
OLT Lead Case No.: OLT-21-001349
Heard: April 12, 2022 via video hearing
APPEARANCES:
Parties
Counsel/Representative*
Polocorp Inc.
S. O’Melia
City of Cambridge
N. Auty/Brian Duxbury*
Region of Waterloo
Fiona McCrea/Andy Gazzola*
Derek Coleman
S. Rosenthal
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON APRIL 12, 2022 AND ORDER OF THE TRIBUNAL
1This is the second Case Management Conference (“CMC”) for this file.
2The purpose of the Case Management Conference was to receive status updates from both parties to organize the hearing of these appeals.
OVERVIEW
3Zoning By-law Amendment(“ZBA”) and draft plan of subdivision to permit 185 residential units with a mix of single detached, townhouse and stacked townhouse units. ZBA to rezone property from OS1 (Open Space) & R2 (Residential) to OS1, R2, R5, R5 S.4.1.410, R6 S.4.1.411, RM2 S.4.1.412, & RM3 S.4.1.413 with site specific provisions. Development will include an existing heritage dwelling, Forbes Estate Home. Stone ruins on site are to be disassembled and moved to public land, dedicated to the City for conservation.
Staff recommended APPROVAL
4There were public concerns relating to heritage designation, density, tree removal, environmental impacts and traffic.
NATURE OF THE APPEALS
5Section 34(11) and 51(34) - Failure to make a decision. Arguing consistency and conformity with the PPS, Provincial Plans and Official Plans.
PARTY STATUS REQUEST
6The Tribunal received a Party Status application from Derek Coleman.
7The Tribunal canvassed all Parties if there were any objections to Mr. Coleman’s request. No concerns were raised. The Tribunal granted Mr. Coleman party status.
UPDATES
8The Tribunal heard that all parties are working together to possibly reach a Settlement of the issues.
9Cambridge City council will meet on April 19, 2022, to possibly reconsider and approve the proposal.
10The Tribunal hereby schedules a third CMC of these appeals on Friday, May 20, 2022, commencing at 10 a.m.
11The Tribunal further schedules a Video Hearing of these appeals on Monday, August 8, 2022, commencing at 10 a.m., five days has been set aside.
12The CMC and the hearings are scheduled to proceed by video as follows:
Friday, May 20, 2022, at 10 a.m. GoTo Meeting: https://meet.goto.com/687587165 Access code: 687-587-165 Audio-only telephone line: +1 (647) 497-9373 Audio-only access code: 687-587-165 Monday, August 8, 2022, at 10 a.m. GoTo Meeting: https://meet.goto.com/709076365 Access code: 709-076-365 Audio-only line: +1 (647) 497-9373 Audio-only access code: 709-076-365
13Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
14Parties 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
15Persons 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 an audio-only telephone line.
16Individuals 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 hearing by video 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.
17No further notice will be given
18The Member is not seized.
19So Orders the Tribunal.
“Carmine Tucci”
CARMINE TUCCI
MEMBER
Ontario Land Tribunal
Website: 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.