Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 13, 2024
CASE NO.: OLT-24-000138
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c.P.13 as amended
Applicant(s)/Appellant(s): Allendale Cambridge Holdings GP Inc.
Subject: Zoning By-law Amendment
Description: ZBA – By-law fails to permit access to Allendale Road
Reference Number Property Address: ZBL No. 23-119 475 Allendale Road
Municipality: Cambridge/Waterloo
Municipal File No.: 22 168974 STE 12 OZ
OLT Case No.: OLT-24-000138
OLT Lead Case No.: OLT-24-000138
OLT Case Name: 475 Allendale Road, Cambridge vs. City of Cambridge
BEFORE:
D. CHIPMAN MEMBER
Thursday, the 13th day of June, 2024
THIS MATTER having come before the Tribunal by way of written hearing;
AND THE TRIBUNAL having been advised by the Parties on Friday May 3, 2024, that a full uncontested settlement had been reached, on consent;
AND THE TRIBUNAL, having accepted the uncontradicted Affidavit evidence of Kristen Barisdale, with respect to a Zoning By-law Amendment (“ZBA”) before the Tribunal in relation to lands known municipally as 475 Allendale Road in the City of Cambridge (“Subject Property”), and finding that the proposed ZBA is consistent with, conform to, and are in keeping with applicable policies and guidelines of the Province of Ontario and the City of Cambridge, including:
i. the Planning Act; ii. the Provincial Policy Statement 2020; iii. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019; iv. Region of Waterloo, Official Plan, 2016; v. the City of Cambridge Official Plan, 2018;
AND THE TRIBUNAL finding that the requested ZBA, as revised pursuant to the settlement agreement, meets the required legislative tests, represents good planning, is in the public interest, and warrants approval, in principle, subject to the conditions agreed to by the Parties;
NOW THEREFORE
THE TRIBUNAL ORDERS that the appeal against By-Law No. 150-85, of the City of Cambridge is allowed in part, and Bylaw No. 150-85 is amended as set out in Attachment 1 to this Order. In all other respects the Tribunal orders that the appeal is dismisse
“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 1
THE CORPORATION OF THE CITY OF CAMBRIDGE
By-law 24-XXX
Being a By-law to amend Zoning By-law No. 150-85, as amended with respect to land municipally known as 475 Allendale Road.
WHEREAS Council of the City of Cambridge has the authority pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P. 13, as amended to pass this by-law;
WHEREAS this By-law conforms to the City of Cambridge Official Plan, as amended;
AND WHEREAS Council deems that adequate public notice of the public meeting was provided and adequate information regarding this Amendment was presented at the public meeting held October 17th, 2023, and that a further public meeting is not considered necessary in order to proceed with this Amendment.
NOW THEREFORE BE IT RESOLVED THAT the Corporation of the City of Cambridge enacts as follows:
THAT this by-law shall apply to lands municipally addressed as 475 Allendale Road and legally described as Part of Lot 19, Beasley's Broken Front Concession, City of Cambridge, Regional Municipality of Waterloo, as shown outlined in heavy black on Schedule `A' attached hereto and forming part of this by-law;
AND THAT the aforesaid City of Cambridge Zoning By-law no. 150-85, as amended, is hereby further amended by deleting the existing site-specific regulations for lands shown outlined in heavy black in the attached Schedule 'A' to this By-law to which parenthetical reference "S.4.1.275.1" is made on Schedule `A' and replacing with the following:
"4.1.275.1 — 475 Allendale Road"
- Notwithstanding the provisions of subsections 2.1.18, 2.3.2, 2.4, 3.4.1.7 and 3.4.3.1 of the By-law, the following additional regulations shall apply to the lands in that M2 zone classification to which parenthetical reference "S.4.1.275.1" is made on Schedule `A' attached to and forming part of this By-law:
a) The following uses are prohibited on the subject lands:
- Daycare centres and day nurseries;
- Drycleaning activities of any kind;
- Industrial stamping uses of any kind, including accessory uses associated with stamping; and
- Propane transfer facilities.
b) Minimum front yard setback shall be 6 metres.
c) No outdoor storage of any kind, including but not limited to equipment, goods, materials, dumping, scrap metal, garbage or refuse shall be permitted on the lands except within wholly enclosed buildings.
d) No speakers or other amplification equipment shall be permitted on the lands except within wholly enclosed buildings.
e) No loading facilities, overhead bay or service bay doors shall be permitted on the north side of the buildings facing Allendale Road.
f) A landscape berm with a minimum height of 3 metres, as measured from the median elevation of Allendale shall be provided and maintained along the property line abutting Allendale Road. Such berm shall be planted with perennial grasses and trees planted pursuant to Appendix 4 of the Zoning By-law.
g) Only one (1) vehicular access driveway shall be permitted onto Allendale Road, which such access to be used for vehicular access only and not for the use of transport trucks.
h) A fence not less than 1.8 metres in height shall be erected and maintained along the westerly and southerly property lines abutting agricultural lands and the school lands (450 Maple Grove Road).
i) Minimum industrial (single) parking requirement of 1 space per 100 m2 of gross floor area shall be permitted.
- That Geothermal Wells shall be prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems ground-source heat pump systems, geo- exchange systems or earth energy systems for heating or cooling; including open-loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five metres unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation.
AND FURTHER THAT this By-law shall come into force and effect on the date it is enacted and passed by Council of the Corporation of the City of Cambridge, subject to notice hereof being circulated in accordance with the Planning Act and Ontario Regulation 545/06.
Enacted and Passed this XX day of May, 2024
Mayor
Clerk
SCHEDULE ‘A’