Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 25, 2024
CASE NO(S).: OLT-24-000528
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 65 Northfield Drive Inc.
Subject: Official Plan Amendment – Failure to adopt the requested amendment
Description: To permit a total of 3,353 residential dwelling units including 12 high-rise towers ranging in height between 18 and 35 storeys
Reference Number: OPA 32
Property Address: 525 and 565 Conestogo Road West
Municipality/UT: City of Waterloo / Region of Waterloo
OLT Case No.: OLT-24-000528
OLT Lead Case No.: OLT-24-000528
OLT Case Name: 65 Northfield Drive Inc. v. Waterloo (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 65 Northfield Drive Inc.
Subject: Zoning By-law Amendment
Description: To permit a total of 3,353 residential dwelling units including 12 high-rise towers ranging in height between 18 and 35 storeys
Reference Number: By-law No. 2023-111
Property Address: 525 and 565 Conestogo Road West
Municipality/UT: City of Waterloo / Region of Waterloo
OLT Case No.: OLT-24-000080
OLT Lead Case No.: OLT-24-000528
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 65 Northfield Drive Inc
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a total of 3,353 residential dwelling units including 12 high-rise towers ranging in height between 18 and 35 storeys
Reference Number: 30T-21401
Property Address: 525 and 565 Conestogo Road West
Municipality/UT: City of Waterloo / Region of Waterloo
OLT Case No.: OLT-24-000078
OLT Lead Case No.: OLT-24-000528
Heard: October 11, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
65 Northfield Drive Inc.
Jennifer Meader Anna Toumanians
City of Waterloo
Judy McNeeley
Regional Municipality of Waterloo
Fiona McCrea
MEMORANDUM OF ORAL DECISION delivered BY STEVEN T. MASTORAS ON October 11, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is a second Case Management Conference (“CMC”) relating to three appeals. The first is under section 17(40) of the Planning Act (“Act”) resulting from the failure of the Region of Waterloo (“Region”) to adopt an Official Plan Amendment (“OPA”) to the City of Waterloo (“City”) OPA-32; the second is under sections 34(19) regarding City Zoning By-law No. 2023 -111 (“ZBL”); and, lastly under section 51(34) of the Act, for the Regional Municipality of Waterloo (“Region”) failure to make a decision within the statutory timeframe with respect to the Draft Plan of Subdivision (“DPS”) (together “Applications”/“Appeals”).
2The Appeals have been filed by 65 Northfield Drive Inc. (“Applicant”/ “Appellant”) regarding the addresses municipally known as 525 and 565 Conestogo Road West (“Subject Lands”). The Subject Lands consist of approximately 7.27 hectares (“ha”) located at the intersection of Conestogo Road West and Northfield Drive West. The Applications are based on a proposal to allow a mixed use development, consisting of 12 high-rise towers ranging in heights from 18-35 storeys, including a total of 3353 residential units, commercial employment uses, and a Privately Owned Public Space (“POPS”) planned for the central portion of the Subject Lands, along with outdoor amenity and recreation space (parkland) for future residents, employees, and the general public (“Proposal”).
3The purpose of the OPA is to amend the land use designation in the City Official Plan (“COP”) from Business Employment (Deferral) to Mixed Use Community Commercial, with a Site Specific Provision Area policy to:
permit a maximum building height of 35 storeys and 118 metres (“m”);
permit a maximum density of 750 bedrooms per hectare and a maximum of 5,452 bedrooms;
require a minimum number of non-residential uses;
permit a Holding (“H”) provision on the lands that requires a number of technical plans and studies prior to the development of the lands; and
permit and regulate the location of residential buildings and parking.
4The purpose of the ZBA is to rezone the Subject Lands from Future Development to Station Area Mixed Used Community Commercial – 81. The ZBA also proposes a Site-Specific exemption to implement the OPA and to:
address performance standards including maximum building heights, overall maximum density, building setbacks, tower separation and dimensions, and minimum and maximum parking;
regulate non-residential land use and minimum building floor area requirements;
require an H provision for technical plans and studies prior to development of the lands; and
establish open space locations and permissions.
5The purpose of the proposed DPS is to establish eight development blocks (“Blocks”), a new public road (“Public Road”) (Street A), a Block for the Hydro Corridor that traverses the Subject Lands and associated 0.3 m Reserve Blocks along Conestogo Road West and Northfield Drive. The development Blocks are planned for multiple high-rise buildings containing residential, commercial and employment uses.
6The Tribunal notes that as a follow-up to the DPS appeal originally submitted in January 2024, the Applicant submitted a revised Draft on October 10, 2024, removing the Hydro Corridor from the DPS. This revision does not necessitate any changes to OPA 32 or By-law 2023-111 at this time.
7The Hearing for this matter is scheduled for 12-days commencing on Thursday, January 30, 2025 at 10 a.m, and continuing to Friday, February 14, 2024 at 5 p.m.
8Parties and Participants are asked to log in to 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/911724677
Access code: 911-724-677
9Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
10Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (toll-free) 1-888-299-1889 or +1 (647) 497-9373. The access code is: 911-724-677.
11Individuals 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 event 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.
12The Procedural Order was previously received and approved by the Tribunal, on Friday, July 26, 2024, and a series of dates were very recently amended and approved by the Tribunal on October 11, 2024.
13The Tribunal is encouraged that the Parties have engaged, to some extent, in Tribunal-led mediation, and are hopeful that this additional time for mediation may lead to further scoping of Issues, and possibly result in a settlement of the matter.
14The Hearing dates remain in effect as previously set out by the Tribunal and updates to the matter, as referenced above, are received and noted.
15The Member is not seized on this matter.
“Steven T. Mastoras”
STEVEN T. MASTORAS
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.