Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 16, 2024
CASE NO(S).: OLT-24-000816 OLT-24-000817 OLT-23-000818
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Reid's Heritage Homes, Edmund Patrick Taylor and Foot Bridge Holdings Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To develop a new subdivision with a total of 829 residential units
Reference Number: OR12/21
Property Address: 840 & 900 Main Street East and 945 Franklin Boulevard
Municipality/UT: Cambridge/Waterloo R
OLT Case No.: OLT-24-000816
OLT Case Name: Reid's Heritage Homes et al v. City of Cambridge
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Reid's Heritage Homes, Edmund Patrick Taylor and Foot Bridge Holdings Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To develop a new subdivision with a total of 829 residential units
Reference Number: OR12/21
Property Address: 840 & 900 Main Street East and 945 Franklin Boulevard
Municipality/UT: Cambridge/Waterloo R
OLT Case No.: OLT-24-000817
OLT Lead Case No.: OLT-24-000816
OLT Case Name: Reid's Heritage Homes et al v. City of Cambridge
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Reid's Heritage Homes, Edmund Patrick Taylor and Foot Bridge Holdings Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To develop a new subdivision with a total of 829 residential units
Reference Number: D18-20/20T-21103
Property Address: 840 & 900 Main Street East and 945 Franklin Boulevard
Municipality/UT: Cambridge/Waterloo R
OLT Case No.: OLT-24-000818
OLT Lead Case No.: OLT-24-000816
OLT Case Name: Reid's Heritage Homes et al v. Region of Waterloo
Heard: October 9, 2024 by video hearing
APPEARANCES:
Parties
Counsel
Reid’s Heritage Homes, Edmund Patrick Taylor, and Foot Bridge Holdings Inc. (“Applicants”)
Jennifer Meader
City of Cambridge (“City”)
Nicole Auty
Regional Municipality of Waterloo (“Region”)
Andy Gazzola Fiona McCrea in absentia
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST ON OCTOBER 9, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This decision arises from the first Case Management Conference (“CMC”) for the above noted matter. The Applicants have an appeal against the City for failing to make a decision within statutory timeframes for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) under s. 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”). The Applicants also have an appeal against the Region for failing to make a decision on a proposed Plan of Subdivision (“POS”) under s. 51(34) of the Act.
2The Subject Lands are located to the northeast of the roundabout at Main Street East and Franklin Boulevard in the City of Cambridge. They include four separate parcels of land and have a total area of approximately 24.84 hectares (“ha”). The surrounding area of the Subject Lands is characterized by a range of uses which includes residential uses to the south of Main Street, commercial uses to the west, Industrial uses to the north, and recreation and natural open space uses to the north and west.
3The proposal includes the development of the southerly 14.2 ha of the Subject Lands with a residential POS. The POS includes five blocks for multiple residential development and a future development block, two stormwater management blocks, trail connections, a public park and a new road connected to Main Street. The POS proposes a total of 829 units.
4The Subject Lands are designated Urban Designated Greenfield Area by the Region of Waterloo Official Plan (“ROP”). They are designated Industrial and Natural Open Space System by the City of Cambridge Official Plan (“COP”). The Subject Lands are zoned M3, M4 and N1(H)M4 by the City of Cambridge Zoning By-law (“ZBL”). The current zoning permits a range of industrial uses and does not permit the residential development of the Subject Lands. The implementation of the proposed POS requires approval of an OPA, ZBA and draft POS.
5The OPA seeks to redesignate the Subject Lands as High Density Residential, Recreation, Cemetery and Open Space and refine the boundaries of the Natural Open Space system designation.
6The ZBA seeks to zone the subject lands RM3, OS4 and OS1. Site specific regulations for the RM3