Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 06, 2023

CASE NO(S).: OLT-23-000442

PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: 2823030 Ontario Inc.

Subject: Failure of Approval Authority to announce a decision respecting a Proposed Official Plan Amendment

Description: To permit the development of three 2-storey townhouse units

Reference Number: OR13/22

Property Address: 157 Tiffany Street

Municipality/UT: Cambridge/Waterloo

OLT Case No: OLT-23-000442

OLT Lead Case No: OLT-23-000442

OLT Case Name: 2823030 Ontario Inc. v. Cambridge (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: 2823030 Ontario Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the development of three 2-storey townhouse units.

Reference Number: OR13/22

Property Address: 157 Tiffany Street

Municipality/UT: Cambridge/Waterloo

OLT Case No: OLT-23-000443

OLT Lead Case No: OLT-23-000442

Heard: October 19, 2023, by video hearing

APPEARANCES:

Parties

Counsel

2823030 Ontario Inc.

Jessica DeMarinis Jennifer Meader (in absentia)

City of Cambridge

Nicole Auty

MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON OCTOBER 19, 2023, AND ORDER OF THE TRIBUNAL

1The Tribunal convened a Case Management Conference (“CMC”) in respect of two appeals filed by 2823030 Ontario Inc. (the “Appellant”) pursuant to s. 17(40) and s. 34(11) of the Planning Act as amended (“Act”), against the City of Cambridge (the “City”) for failure to make a decision on an application for an Official Plan Amendment (the “OPA”) and an application to Amend the Zoning By-law (the “ZBA”) within the timeframe prescribed by the Act.

2The OPA and ZBA affect the lands known municipally as 157 Tiffany Street (the “Subject Property”). The OPA and ZBA will facilitate the development of the Subject Lands with three two-storey townhouse units.

3The Affidavit of Notice was marked as Exhibit 1.

PARTICIPANT REQUEST

4There was one request for Participant status. After review of the Participant statement and on consent of the Parties, Lynn Knowles was granted Participant status.

5One observer advised that there may be other Participant status requests, but it was not communicated to them on the procedure to file. Therefore, the Tribunal explained the process to file a Participant Status Request for all the observers and the deadline of ten days before the next hearing date, at which time the Tribunal will decide whether to grant these requests.

6Jessica DeMarinis, counsel for the Appellant, advised the Tribunal that the Parties have had ongoing discussions and have reached an agreement in principle for the settlement of these appeals. The Parties are requesting a one-day hearing date for settlement.

7Nicole Auty, counsel for the City, confirmed that an agreement in principle has been reached and that a one-day hearing date for settlement is requested. Both Parties advised a Procedural Order and Issues List would not be required.

HEARING

8The Tribunal scheduled a one-day Settlement Hearing for Wednesday, December 06, 2023, commencing at 10 a.m. by video hearing.

9Parties 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:

GoTo Meeting: https://meet.goto.com/765093501

Access Code: 765-093-501

10Parties 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

[11] Persons 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: (Toll-Free) 1-888-455-1389 or +1 (647) 497-9391. The Access Code is as indicated above.

[12] Individuals 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.

13No further notice will be given.

14The Member is not seized of the matter, but subject to scheduling availability, may be spoken to in regard to case management.

ORDER

[15] THE TRIBUNAL ORDERS that a one-day Settlement Hearing will be held on Wednesday, December 06, 2023, at 10 a.m. as set out in the details above.

“Eric S. Crowe”

ERIC S. CROWE

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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.