Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 12, 2023

CASE NO(S).: OLT-22-004686, OLT-22-004762

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Blacks Point Development Inc.

Appellant: Canadian National Railway Company

Appellant: 742824 & 742825 Ontario Limited (Lammer Development Group)

Subject: Zoning By-law Amendment

Description: To permit the development of a mixed-use residential and commercial development through reuse of existing buildings and the development of a new 10 storey residential building.

Reference Number: OR01/21

Property Address: 211-215 Queen Street West

Municipality/UT: City of Cambridge/ Region of Waterloo

OLT Case No.: OLT-22-004686

OLT Lead Case No.: OLT-22-004686

OLT Case Name: Blacks Point Development Inc. v. Cambridge (City)

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant: Blacks Point Development Inc.

Appellant: Canadian National Railway Company

Appellant: 742824 and 742825 Ontario Ltd. (Lammer Development Group)

Subject: Proposed Official Plan Amendment

Description: To permit the development of residential and commercial uses and permit a maximum height of 10 storeys for lands municipally known as 211 & 215 Queen Street West.

Reference Number: OR01/21

Property Address: 211-215 Queen Street West

Municipality/UT: City of Cambridge

OLT Case No.: OLT-22-004762

OLT Lead Case No.: OLT-22-004762

Heard: February 16, 2023 by Video Hearing

APPEARANCES:

Parties

Counsel

Blacks Point Development Inc.

Peter Hertz Chris Manning

742824 and 742825 Ontario Limited (Lammer Development Group)

Scott Snider Shelly Kaufman

Canadian National Railway Company

Diana Betlej Mary Ellen Bench Katarzyna Sliwa (in absentia)

City of Cambridge

Brian Duxbury Nicole Auty

Regional Municipality of Waterloo

Fiona McCrea

memorandum of oral DECISION DELIVERED BY S. BOBKA on February 16, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the first Case Management Conference (“CMC”) regarding appeals pursuant to sections 34(19) and 17(36) of the Planning Act (“Act”) for the approval of a Zoning By-law Amendment (“ZBA”) by the Council of the City of Cambridge (“City”) and the approval of an Official Plan Amendment (“OPA”) by the Regional Municipality of Waterloo (“Region”) for the properties municipally known as 211-215 Queen Street West (“Subject Property”).

2The appeals of the ZBA and OPA were brought forward by 742824 and 742825 Ontario Limited (Lammer Development Group) (“Lammer Group”) and Canadian National Railway Company (“CN”). Blacks Point Development Inc. (“Blacks Point”) is the Applicant for both planning instruments. Blacks Point did not appeal the approval of the OPA by the Region but was not satisfied with the placement of the holding provision, by the City, on the ZBA, therefore Blacks Point appealed the approval of the ZBA.

3The Subject Property is comprised of two parcels, has a combined lot-area of approximately 2.38 hectares (“ha”) (5.88 acres) and currently has a three-storey textile factory, one storey buildings and surface parking thereon. There is a rail corridor to the south and an existing easement/right of way is registered against a portion of the Subject Property. The Subject Property has a total frontage of approximately 478 metres (“m”) (1,568 feet) and a depth of approximately 120 m (396 feet), is irregular in shape and has a south-easterly slope.

4The application proposes the construction of an adaptive reuse development with mixed-use residential and commercial space. The maximum height would be 10 storeys with 2,500 square metres (“sq m”) of at grade commercial floor area.

5The Tribunal received two Affidavits of Service, both sworn by Rachel Greene on February 6, 2023, and marked the documents as follows: Exhibit 1 a) – Affidavit of Service – OLT22-004686 b) – Affidavit of Service – OLT 22-004762.

After reviewing the Affidavits and hearing no concerns, the Tribunal was satisfied that proper Notice of the CMC was issued.

Status Requests

6The Tribunal received a written request for Party status from Dr. Derek Coleman, a resident of the neighbourhood adjacent to the Subject Property. Upon consideration of Dr. Coleman’s written and verbal requests and after hearing submissions from the Parties, the Tribunal was not persuaded that his involvement as a Party would assist the Tribunal in the fair, efficient and timely adjudication of these matters. The Tribunal granted Dr. Coleman Participant status in order to allow him to express his position and any concerns in writing.

7The Tribunal recognizes that Blacks Point is a statutory Party to file OLT-22-004686, due to the appeal of the ZBA (therefore the Applicant/Appellant in this case). In the case of file OLT-22-004762, Blacks Point, as the Applicant, did not appeal the approval of the OPA, but has a direct interest and is therefore granted Party status on file OLT-22-004762. Similarly, the City is granted Party Status on file OLT-22-004762 and the Region is granted Party Status on file OLT-22-004686.

Consolidation of the appeals

8Mr. Hertz requested that the ZBA appeal (file OLT-22-004686) be consolidated with the OPA appeal (file OLT-22-004762) in keeping with Rule 16 of the Tribunal’s Rules of Practice and Procedure (“Rules”). All Parties consented to these two files being consolidated as they involve related instruments for a single project. The Tribunal agreed and ordered that the matters be consolidated.

Tribunal Led-Mediation

9Mr. Hertz advised the Tribunal that there have been some productive, without prejudice, discussions with CN, as well as attempts at discussions with the City and the Lammer Group; however, he stated that given the nature of the issues raised, Tribunal-led mediation would not be productive at this time. Mssrs. Duxbury and Snyder stated that Tribunal-led mediation was strongly supported by their clients (the City and the Lammer Group, respectively), while Ms. Betlej advised that it was not needed for her client (CN) at this time. The Tribunal highlighted the availability of said mediation and advised the Parties to contact the Case Coordinator should they wish to pursue this option.

SCHEDULING OF FUTURE HEARINGS

10Mr. Hertz requested that the Tribunal schedule a Hearing of the Merits for these appeals; however, Counsel for both the City and the Region did not support this step, stating that the issues, as proposed, were very broad and required refinement. After canvassing the Parties, the Tribunal declined the request as the Parties’ estimation of the number of required hearing days ranged from 10 days to 25 days. The Tribunal finds that the Parties need to further scope the issues in order to determine the actual number of days required.

11The Tribunal scheduled a second CMC by video conference on Monday, May 1, 2023, at 10a.m.

12Parties 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/558205565

Access code: 558-205-565

13Parties 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

14Persons 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) 1 888 299 1889 or +1 (647) 497-9373. The access code is 558-205-565.

15Individuals 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.

DRAFT PROCEDURAL ORDER

16A draft Procedural Order including Issues List was presented to the Tribunal in advance of the CMC. As further refinement of the Issues List is necessary, the Tribunal directed the Parties to submit a revised Procedural Order including Issues List prior to the next CMC.

ORDER

17The Tribunal Orders that:

a. Dr. Derek Coleman is granted Participant status;

b. Blacks Point Development Inc. is granted Party status on file OLT-22-004762;

c. The City of Cambridge is granted Party Status on file OLT-22-004762;

d. The Regional Municipality of Waterloo is granted Party Status on file OLT-22-004686;

e. These matters have been consolidated;

f. A second Case Management Conference has been set for Monday, May 1, 2023, at 10am by Video Hearing;

g. The revised Procedural Order, including Issues List, will be provided to the Tribunal on or before Friday, April 21, 2023; and

h. There will be no further notice and this Member is not seized.

“S. Bobka”

S. BOBKA 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.