Ontario Land Tribunal
ISSUE DATE: April 05, 2024
CASE NO(S).: OLT-22-004797
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant: North Development Corporation
Appellant: Parrish & Heimbecker Limited
Subject: Zoning By-law Amendment
Description: To facilitate the development of three residential buildings ranging from 14-16 storeys with ground floor commercial space
Reference Number: OR07/21
Property Address: 255 King Street West
Municipality/UT: City of Cambridge/ Region of Waterloo
OLT Case No.: OLT-22-004797
OLT Lead Case No.: OLT-22-004797
OLT Case Name: Parrish & Heimbecker Limited v. Cambridge (City)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Proposed Official Plan Amendment
Description: To facilitate the development of three residential buildings ranging from 14 -16 storeys with ground floor commercial space
Reference Number: OR07/21
Property Address: 255 King Street West
Municipality/UT: City of Cambridge/ Region of Waterloo
OLT Case No.: OLT-23-000135
OLT Lead Case No.: OLT-22-004797
BEFORE:
JEAN-PIERRE BLAIS MEMBER Friday, the 5th day of April, 2024
THIS MATTER having received a request for a correction of the decision issued on February 01, 2024 for this matter in relation to the Settlement Hearing on January 30, 2024.
THE TRIBUNAL determined the correction entails a typographical error within the approved Zoning By-Law Amendment as “Attachment 2” of the Decision, which references section 3.1.2a.(b),(c),(i) and should have been 3.1.2.4 (b),(c),(i).
AND THE TRIBUNAL upon review of this request the Tribunal recognizes this typographical error arises from the Settlement Material provided by the Parties in particular “Schedule 2 ZBA Text” prior to the Hearing event on January 15, 2024. This is not a Tribunal typographical error.
AND THE TRIBUNAL clarifies this change is not in the nature of the operational core of the amending instrument. As such, given that the typographical error is contained in part of the phrase that is not the operational core of the clause, an amendment to the decision is not required for this purpose.
THEREFORE THE TRIBUNAL ORDERS the replacement of the attachment and all other aspects of the decision are to remain the same.
“Euken Lui” EUKEN LUI ACTING REGISTRAR
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.
ATTACHMENT 2
By-law amending Zoning By-law 150-85, as amended, of the City of Cambridge with respect to land municipally known as 255 King Street West
This by-law shall apply to lands described as Part of 9 and Part of Lot B, and Part of Lots 1 1 to 13, Registered Plan 730 and, Part of Lots 1 to 3 (North of Main Street) and Lots '1 to 3 (East of Woolwich Street), Registered Plan 522, formerly the Town of Preston, City of Cambridge, Regional Municipality of Waterloo and shown on Schedule 'A' attached hereto and forming part of the by- law.
Schedule 'A' to City of Cambridge Zoning By-law 150-85, as amended, is hereby amended by changing the zoning classification of the lands shown in heavy black in the attached Schedule 'A' to this By-law from C1RM2 s.4.1 .125 and RM3 s.4.1.125 to (H)C1RM2 s 4 1.430 and (H1)OS1.
The aforesaid City of Cambridge Zoning By-law No. 150-85, as amended, is hereby further amended by adding the following subsection under section 4.1 thereof:
4.1.430 - 255 King Street West:
- Notwithstanding the provisions of Sections 4.1.125, 3.1.2.4 (b), (c), (i), 2.2.3.8 and in addition to the regulations prescribed in section 3.1.2.4 of the City of Cambridge Zoning By-law No. 150-85, the following regulations shall apply to the property in the C1RM2 zone to which reference S.4.1.430 is made on Schedule 'A' attached to and forming part of this by-law:
a. Maximum of 600 residential units are permitted
b. The maximum building height shall not exceed 16 storeys
c. No habitable rooms shall be permitted below the regulatory flood elevation
d. The minimum setback to the railway right-of-way shall be 30 metres from the building face, notwithstanding the permitted projection of a balcony
e. Lot lines created through condominium shall not be used for the purposes of parking, planting strips, fencing, and zoning regulations
- Notwithstanding the provisions of Section 2.2.1 .1 (d) and Section 2.2.1.2 of this By-law, the following regulations shall apply to the lands in the Cl RM2 zone to which reference "s.4.1.430" is made on Schedule 'A' attached to and forming part of this By-law:
a. Residential parking shall be provided at a rate of 1.08 spaces per unit inclusive of residential visitor parking
b. No commercial parking is required
- The subject lands are designated as Class 4 Noise Area pursuant to the Ministry of the Environment, Conservation and Parks NPC-300 Environmental Noise Guideline for Stationary and Transportation Noise Sources. The following uses shall incorporate receptor-based mitigation and architectural noise control measures:
a. Attached one-family dwellings (linear row houses)
b. Attached one-family dwellings (cluster row house)
c. A detached duplex dwelling
d. Semi-detached duplex dwellings (fourplexes)
e. Attached duplex dwellings (linear)
f. Attached duplex dwellings (cluster)
g. A detached triplex dwelling
h. Maisonettes
i. A mixed terrace
j. A mixed terrace dwelling
k. An apartment house containing 4 or more dwelling units
l. A class 2 boarding, lodging or rooming house
m. A residential special care facility (subject to section 3.1.1.3(b))
n. A day nursery or day care centre
The following receptor based mitigation and architectural control measures shall be identified as part of the site plan and building permit drawings:
a. Upgraded window glazing on the following building facades: North Residential Tower:
North Façade: STC-32 East Façade: STC-36
South Façade: STC-33 (Minimum STC 28 for the Exterior Door) West Façade: OBC
East Residential Tower: North Façade: STC-34
East Façade: STC-34 South Façade: OBC West Façade: OBC
South Residential Tower:
North Façade: STC-30 East Façade: STC-30 South Façade: OBC West Façade: OBC
b. Upgraded exterior/facade walls, including brick veneer or acoustical equivalent masonry construction.
OBC refers to the Ontario Building Code
“OBC” denotes that the noise insulation design is not required to be specified. Building envelope assemblies meeting the minimum Ontario Building Code (OBC) requirements will also exhibit sufficient noise reduction to meet the interior sound level criteria where OBC is specified above. STC indicates the Sound Transmission Class (STC) rating.
c. The Class 4 area shall be noted in the site plan agreement and any condominium declaration that will be registered on title, and the following warning clause shall be included in all Offers of Purchase and Sale, lease/rental agreements and/or condominium declarations for all residential units, advising the future occupant of the noise situation from P&H Milling, in accordance with the Ministry of Environment, Conservation and Parks noise guideline (NPC-300):
“Purchasers/tenants are advised that sound levels due to adjacent P&H Facility are required to comply with sound level limits that are protective of indoor areas and are based on the assumption that windows and exterior doors are closed. This dwelling unit has been supplied with a ventilation/air conditioning system which will allow windows and exterior doors to remain closed.”
- The (H) Holding provision applying to the lands zoned C1 RM2 "s.4.1.430" may only be lifted once the following requirements have been addressed:
a. The City of Cambridge and the Regional Municipality of Waterloo is satisfied that an acceptable Detailed Stationary Noise Study that assesses any on-site and off-site stationary noise impacts on sensitive uses on the lands subject to this Holding provision, in
accordance with Ministry of Environment, Conservation and Parks Publication NPC-300 and, notwithstanding the required mitigation measures indicated in Section 3.a above, if the Detailed Stationary Noise Study recommends additional mitigation measures to support the Class 4 Noise Area designation, the applicant/owner shall implement them, as required.
- That a (H1) Holding Provision shall apply to the portion of the lands identified on Schedule A of this By-law until a Record of Site Condition (RSC) in accordance with O. Reg. 153/04, as amended, has been filed with the Ministry of Environment, Conservation and Parks (MECP) Environmental Registry and the RSC and Ministry’s Acknowledgement letter is received to the satisfaction of the Regional Municipality of Waterloo.