Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 20, 2024
CASE NO(S).: OLT-24-000350
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Will-O Homes (C.S.) Inc.
Subject: Request to amend the Official Plan – Refusal of request
Description: To permit three, three-storey stacked townhouse buildings
Reference Number: OR12/22
Property Address: 190 & 194 Pinebush and 10 Wayne Avenue
Municipality/UT: Cambridge/Waterloo
OLT Case No.: OLT-24-000350
OLT Lead Case No: OLT-24-000350
OLT Case Name: Will-O Homes (C.S.) Inc. v. Cambridge (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit three, three-storey stacked townhouse buildings
Reference Number: OR12/22
Property Address: 190 & 194 Pinebush and 10 Wayne Avenue
Municipality/UT: Cambridge/Waterloo
OLT Case No.: OLT-24-000351
OLT Lead Case No: OLT-24-000350
Heard: November 7, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Will-O Homes (C.S.) Inc. | E. Davis C. Manning |
| City of Cambridge | N. Auty |
| Region of Waterloo | A. Gazzola |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. COOKE ON NOVEMBER 7, 2024 AND ORDER OF THE TRIBUNAL
1The second Case Management Conference (CMC) was held regarding appeals filed under ss. 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended. These appeals concern the refusal of applications for an Official Plan Amendment and a Zoning By-Law Amendment by the Council of the City of Cambridge (“City”). The applications were submitted by Will-O Homes (C.S.) Inc. (“Applicant”) for the properties located at 190 & 194 Pinebush Road and 10 Wayne Avenue in the City (referred to as the “Subject Property”).
2The applications propose the development of a 39-unit, three-storey stacked townhouse complex on the Subject Property.
3Mr. Davis, Counsel for the Applicant, informed the Tribunal that the Region of Waterloo (“Region”) and his client had reached a settlement agreement regarding the issues with the Region.
4Mr. Davis informed the Tribunal that, to date, the City has not communicated with the Parties or provided any indication regarding whether they would be calling any witnesses, as outlined in the Procedural Order. Counsel expressed the view that since the City is not calling any witnesses and the issues with the Region have been resolved, the Tribunal should schedule a one-day settlement hearing for mid-January 2025.
5In response, Ms. Auty, Counsel for the City, stated that she has not received instructions from the City to call any witnesses; however, she retains the right to question the expert opinion witnesses presented by the Applicants.
6Upon reviewing the Tribunal's calendar, the Panel notes that a three-day hearing for this matter is scheduled to begin on Tuesday, February 18, 2025. Therefore, the request to hold a settlement hearing in mid-January was denied.
7The Tribunal encourages the Applicant and the City to explore potential avenues for settlement before February 18, 2025. However, the Tribunal has directed that, since the City has not complied with the Tribunal's Procedural Order, it may not call witnesses without first obtaining permission through a motion heard before the Tribunal.
8If there are any questions regarding this decision, the Panel Member can be spoken to.
ORDER
9SO ORDERS the Tribunal
“Steven Cooke”
STEVEN COOKE VICE-CHAIR
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.