Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 16, 2023
CASE NO(S).: OLT-22-004762
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 & 742825 Ontario Limited (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/ Region of Waterloo
OLT Case No.: OLT-22-004762
OLT Lead Case No.: OLT-22-004762
OLT Case Name: Blacks Point Development Inc. v. Cambridge (City)
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-22-004762
Heard: May 1, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Blacks Point Development Inc. | Peter Hertz |
| 742824 and 742825 Ontario Limited (Lammer Development Group) | Shelley Kaufman, Scott Snider (in absentia) |
| Canadian National Railway Company | May 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 MAY 1, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second 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.
3At the first CMC, the Appeals were consolidated and Participant Status was granted to Dr. Derek Coleman.
4The 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.
5The 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.
STATUS UPDATE
6Counsel for Blacks Point advised that while discussions had been on-going, there had not been any significant progress towards scoping the Issues List (IL) as had been ordered by the Tribunal at the first CMC. Counsel for the Lammer Group advised that their position was that their Issues are proper and that their IL was not particularly long; they expressed that should there be continued concerns with their Issues, then those Issues would need to be challenged in a more formal manner. Counsel for CN advised that they are working with the Applicant on agreements that may narrow or resolve many of their Issues; however, they were of the opinion that the Issues they have put forth are valid, many grounded in the Railway Safety Act and should move forward. Counsel for the City advised the Tribunal that Regional Official Plan Amendment 6 (“ROPA6”) was recently approved by the Minister and had an effect on the Lammer Group lands which may or may not impact these proceedings. It was Mr. Duxbury’s position that with the IL as it is, scheduling a Hearing of the Merits at this time might result in unnecessarily tying up many additional days of the Tribunal’s calendar; so he suggested an additional CMC be scheduled.
7After a brief discussion, the Parties agreed that a third CMC would be beneficial. Counsel for Blacks Point highlighted the need for a commitment from CN to work together to move discussions forward (ideally within one month); Counsel for CN agreed to this timeline, stating that the matters have been scoped considerably to date, and that they are now down to a handful of matters.
8The Tribunal highlighted to the Parties that it was not a suggestion, nor a direction, but rather an Order of the Tribunal that a revised Procedural Order (“PO”) including Issues list be provided in advance of today’s CMC (see April 12, 2023 CMC Decision, paragraphs [10], [16], [17(c)]). Having heard that some progress has been made (at least with CN), the Tribunal would have preferred to receive a new draft of the Issues List (by the Ordered date of April 21, 2023) demonstrating that progress, or in its absence, a more comprehensive update regarding the status of discussions (though the Tribunal acknowledges and appreciates Mr. Duxbury’s brief email received on that date). However, the Tribunal agreed that another CMC is appropriate and scheduled a third CMC by video conference on Friday, June 23, 2023, at 10:00 a.m.
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.
10The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/914098901
Access Code: 914-098-901
11Persons 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 as indicated above.
12Parties 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
13Individuals 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.
CONCLUSION
14The Tribunal ordered that a revised draft PO and scoped IL be provided in advance of the next CMC; the Tribunal confirmed with the Parties that it would be provided for review on or before Tuesday, June 13, 2023. The Tribunal also confirmed with the Parties that any formal challenges to the IL would be coordinated in order to be heard at the third CMC.
ORDER
15THE TRIBUNAL ORDERS that:
a. A third CMC has been set for Friday, June 23, 2023 at 10:00 a.m. by Video Hearing (as per the details noted in the above Decision);
b. The draft Procedural Order, including revised Issues List will be provided to the Tribunal on or before Tuesday, June 13, 2023;
c. There is no further notice required; and
d. The Member is not seized on this matter.
“S. Bobka”
S. BOBKA
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.