Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 15, 2022
CASE NO(S).: OLT-22-002907
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Kiah Group (Vista Ridge) Inc. & Kiah Group Inc.
Subject: Proposed Plan of Subdivision - Failure of City of Cambridge to make a decision
Purpose: To permit 11 single detached homes
Property Address/Description: 436 Fountain Street
Municipality: City of Cambridge
Municipal File No.: D19-20/20102
OLT Lead Case No.: OLT-22-002907
OLT Case No.: OLT-22-002907
OLT Case Name: Kiah Group (Vista Ridge) Inc. & Kiah Group Inc. v. Cambridge (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Kiah Group (Vista Ridge) Inc. & Kiah Group Inc.
Subject: Application to amend Zoning By-law No. 150-85 - Neglect or Refusal of application City of Cambridge.
Existing Zoning: R3 - Low Density Residential
Proposed Zoning: R3 - Low Density Residential
Purpose: To permit 11 single detached homes
Property Address/Description: 436 Fountain Street
Municipality: City of Cambridge
Municipal File No.: R10/20
OLT Lead Case No.: OLT-22-002907
OLT Case No.: OLT-22-003350
Heard: September 8, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Kiah Group (Vista Ridge) Inc.; and Kiah Group Inc. | Denise Baker and Kelin Agayer (Articling Student) |
| City of Cambridge | Nicole Auty |
| Region of Waterloo | Fiona Mcrea |
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON SEPTEMBER 8, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1Kiah Group (Vista Ridge) Inc. and Kiah Group Inc. have appealed against Council’s failure to render decisions within the statutory timeframe in connection with applications seeking a site specific zoning and related approvals of a Draft Plan of Vacant Land Condominium in order to permit lands known municipally as 436 Mountain Street to be developed with eleven (11) detached residences organized and accessed along a private condominium road. The lands are currently designated and zoned for Residential uses. The zoning amendment seeks to create site specific provisions to be applicable to the structures to be erected on the proposed lots.
2The Affidavit of Service attesting to proper notice having been given and was filed as Exhibit 1.
3A request for Participant Status was filed with the Tribunal by Jane Newland, owner and resident of 445 Fountain Street, citing three principle concerns: impacts to natural and built heritage; traffic related safety; and slope stability and water flow. Participant status was conferred to Ms. Newland. The Tribunal also noted receipt of emails on behalf of 457 and 329 Fountain Street reiterating the issues raised by Ms. Newland.
4The Parties had prepared a draft Procedural Order (“PO”) but require some time to finalize the issues list and therefore have requested a second case management conference, in the event the assistance of the Tribunal be required. Otherwise the Parties have been directed to advise the Tribunal that the date can be released after having submitted the final draft PO for approval and issuance.
5A second case management conference is therefore scheduled for Monday November 28, 2022 at 10 a.m. by video hearing.
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6Furthermore, a five day hearing on the merits shall commence on Monday March 20, 2023 at 10 a.m. by video hearing.
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Access code: 909-787-981
7Parties 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:
8Parties 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 at: https://app.gotomeeting.com/home.html
9Persons 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 provided above.
10Individuals 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.
11No further notice is required and the member is not seized but may be spoken to should issues arise in the execution of the directions in this this Order, including the approval of the PO.
ORDER
12The subsequent case management conference and hearing of the merit of the appeals shall commence as set out in this decision.
“Sharyn Vincent”
SHARYN VINCENT
VICE-CHAIR
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.