Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 31, 2023
CASE NO(S).: OLT-23-000234
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: VanLegend Regina LP
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit an 18-storey mixed use building
Reference Number: OPA 41
Property Address: 6 Regina St N, 24, 28, and 34 Erb St E
Municipality/UT: City of Waterloo
OLT Case No.: OLT-23-000234
OLT Lead Case No.: OLT-23-000234
OLT Case Name: VanLegend Regina LP v. Waterloo (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: VanLegend Regina LP
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit an 18-storey mixed use building
Reference Number: Z-22-12
Property Address: 6 Regina St N, 24, 28, and 34 Erb St E
Municipality/UT: City of Waterloo
OLT Case No.: OLT-23-000235
OLT Lead Case No.: OLT-23-000234
Heard: September 12, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
VanLegend Regina LP
Jennifer Meader
City of Waterloo
Susan Smith
Regional Municipality of Waterloo
Fiona McCrea
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON SEPTEMBER 12, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) regarding appeals pursuant to sections 22(7) and 34(11) of the Planning Act (“Act”) by VanLegend Regina LP ("Applicant”) regarding the failure or refusal to make a decision on applications for an Official Plan Amendment (“OPA”) by the Regional Municipality of Waterloo (“Region”) and a Zoning By-law Amendment (“ZBA”) by the City of Waterloo (“City”) in relation to the properties located at 6 Regina Street North and 24, 28 and 34 Erb Street East in the City (together the “Subject Lands”).
2The Tribunal received an Affidavit of Service, sworn by Victoria Peacock, confirming that Notice of this first CMC was given, and marked it as Exhibit 1. Upon review and consideration, and with no issues raised by the Parties, the Tribunal finds that Notice was appropriately given and that no further notice is required.
3The proposed amendment to the City’s Official Plan (“OP”) is seeking to:
a. Redesignate 6 Regina St North from Medium Density – 20 metres ("m”) to High Density – 81 m with a specific provision to limit the maximum building height on a portion of the property closest to the adjacent Dupont Street properties to 4 stories/15 m, and on the balance of 6 Regina St North closest to 24 & 28 Erb St East to 18 stories/60 m, and to limit the maximum number of bedrooms on 6 Regina St North to 57; and
b. Include a specific provision on 24, 28 & 34 Erb St E to limit the maximum building height to 18 stories/60 m and a maximum of 188 bedrooms.
4The proposed amendment to the Town’s Zoning By-law No. 2018-050 (“ZBL”) is seeking to:
a. Rezone the subject lands from Uptown Commercial Core – 20 (U1-20) and Uptown Commercial Core – 60 (U1-60) to Uptown Commercial Core – 81 (U1-81); and
b. Propose site specific zoning provisions to implement the above noted height and density permissions as well as site specific zoning regulations related to reduced parking rates, reduced setback, tower step-backs, tower separation, increased tower dimension and an exemption to provide a common at-grade outdoor area.
DEVELOPMENT PROPOSAL
5The Subject Lands are located in the Uptown Waterloo Urban Growth Centre, which is planned to accommodate a wide range of uses and it is intended that the properties comprising the Subject Lands will be merged to form a viable development parcel. The proposed amendments facilitate redevelopment that responds to Provincial, Regional and City policies which prioritize intensification and higher densities in the urban core and areas supported by transit infrastructure.
6The area of the Subject Lands is 2,385 square metres (“sq m”), with approximately 70 m of frontage along Erb Street East and 34.55 m of frontage along Regina Street North. There are two existing buildings thereon, at 6 Regina Street North and 28 Erb Street East, as well as a partially paved asphalt parking area at 34 Erb Street East.
7The proposal is for an 18-storey, mixed-use building (featuring residential, office and commercial uses) with a total gross floor area of 17,669 sq m. There are 218 residential units proposed, including a mix of one- and two-bedroom units, providing unit types and sizes which are suitable for a wide range of residential housing needs and which further diversify the housing options in Uptown Waterloo.