CORRECTION NOTICE

OLT CASE NO(S).: OLT-22-004797

DECISION ISSUE DATE(S): February 01, 2024

CORRECTION NOTICE ISSUE DATE: February 21, 2024

RE: Parrish & Heimbecker Limited v. Cambridge (City)

Correction to: the Appearances List (on page 2) - to reflect correct spelling, counsels’ names for Parrish & Heimbecker Limited

Originally: Corrected to:

APPEARANCES: APPEARANCES:

Parties Counsel Parties Counsel

Parrish & Heimbecker Limited

Katie Butler

Pittman Patterson, in absentia

Parrish & Heimbecker Limited

Katie Butler

Pitman Patterson, in absentia

“Euken Lui”

EUKEN LUI 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.

ISSUE DATE:

February 01, 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

Heard:

January 30, 2024 by video hearing

APPEARANCES:

Parties

Counsel

Parrish & Heimbecker Limited

Katie Butler Pittman Patterson, in absentia

North Development Corporation

Analee Baroudi

City of Cambridge

Nicole Auty

Regional Municipality of Waterloo

Fiona McCrea

MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON JANUARY 30, 2024 AND ORDER OF THE TRIBUNAL

Link To the Order

INTRODUCTION

1This Decision relates to an appeal brought by Parrish & Heimbecker Limited (“Appellant”) pursuant to s. 17(36) and s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) with respect to applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”). The OPA and ZBA applications were filed by North Development Corporation (“Applicant”) regarding its property located at 255 King Street West (“Subject Property”) in the City of Cambridge (“City”). The applications were approved by the City on September 27, 2022.

2Disposition of the matter has come before the Tribunal as a settlement. The Tribunal has received, reviewed, heard and considered the following materials:

a. The uncontested opinion evidence of Kristen Barisdale, recognized by the Tribunal as an expert in land use planning, contained in her comprehensive Affidavit sworn on January 12, 2023, and marked as Exhibit 1;

b. The uncontested opinion evidence of Guangsheng (Sam) Du, recognized by the Tribunal as an expert in the field of acoustics and vibrations, contained in his comprehensive Affidavit affirmed on January 12, 2024, and marked as Exhibit 2, along with his updated Acknowledgement of Expert’s Duty dated January 24, 2024, and marked as Exhibit 5;

c. A proposed Order with schedules filed jointly by the Parties and marked as Exhibit 3; and,

d. Minutes of Settlement dated October 23, 2023, signed by all Parties and marked as Exhibit 4;

3The Applicant’s revised development proposal is for a maximum of 600 units in three residential towers with ground floor commercial/retail uses, with a maximum density of 2.15 floor space index and a maximum building height of 16 storeys (“Revised Proposed Development”).

4The Appellant operates a facility near the Subject Property located at 166 King Street West. It is used to produce flour and receive flour from other mills for packaging. In the latter case, flour is delivered by trucks and transferred using a truck-mounted blower system. The Appellant’s operations produce noise, and the Appellant is concerned about the noise compatibility between its facility and the Subject Property.

5Pursuant to the Minutes of Settlement, the Revised Proposed Development would include a designation as a Class 4 Noise Area under the Ministry of Environment, Conservation and Parks NPC-300 Environmental Noise Guidelines for Stationary and Transportation Noise Sources (“Noise Guidelines”).

6Based on the stationary noise impact study prepared by Valcoustics Ltd., attached to his Affidavit, Mr. Du opined that the designation of the Subject Property as Class 4 pursuant to Noise Guidelines is intended to facilitate achievement of compatibility from an environmental noise perspective and is appropriate. In his view, with the implementation of the mitigation measures in the noise abatement action plan, Class 4 sound level limits are predicted to be met at the Revised Proposed Development. The proposed ZBA includes an H (Holding) provision to ensure the desired noise mitigation outcomes.

7The Tribunal accepts the opinion evidence of Ms. Barisdale and Mr. Du as presented in their Affidavits and their oral evidence, and similarly finds that the subject applications, as revised, have regard to those applicable matters of provincial interest found in section 2 of the Act, are consistent with the Provincial Policy Statement (2020), conform to the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), conform to the Region of Waterloo Regional Official Plan (2016), conform to the Official Plan (2012-2018) of the City, and otherwise reflect principles of good land use planning.

ORDER

8THE TRIBUNAL ORDERS THAT:

a. The appeals pursuant to sections 17(36) and 34(19) of the Act are allowed in part;

b. The Official Plan for the City of Cambridge is amended as set out in Attachment 1; and,

c. By-law No. 150-85 of the City of Cambridge is amended as set out in Attachment 2. The Tribunal authorizes the clerk of the City of Cambridge to assign a number to this by-law for record-keeping purposes.

“Jean-Pierre Blais”

JEAN-PIERRE BLAIS

MEMBER

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

Amendment No. 56 to the City of Cambridge Official Plan

Purpose and Effect

The purpose and effect of Official Plan Amendment No. 56 to the City of Cambridge Official Plan (2012), as amended, is to maintain the existing Preston Town Centre designation and modify the existing site-specific policy to permit the development of three residential buildings ranging from 14-16 storeys in height, consisting of a maximum of 600 dwelling units with ground floor commercial/retail for the lands municipally known as 255 King Street West.

Amendment

1. Chapter 14, Map 2A of the City of Cambridge Official Plan is hereby modified by adding Site Specific Figure 91 as shown on Schedule 'A' attached hereto;

2. Chapter 16, of the City of Cambridge Official Plan is hereby amended by adding Figure 91 as shown on Schedule 'B' attached hereto;

3. Section 8.10 of the City of Cambridge Official Plan is hereby amended by adding the following subsection thereto:

8.10.91

1. Notwithstanding policy 8.10.14 in this plan, the land designated as Preston Towne Centre on Map 2 of this Plan, located at 255 King Street West and more particularly shown on Figure 91 shall permit a maximum of 600 dwelling units, maximum density of 2.15 FSl, and maximum building height of 16 storeys. The residential density and height provisions of Section 2.6,2.8.3 and 8.4.6 shall not apply to limit the number of dwelling units and building heights.

2. Notwithstanding policy 8.3.1 e) in this plan, where residential uses occur in conjunction with commercial uses, the residential uses will be permitted in the street level, storefront portion of a multi-storey, mixed use building.

3. Notwithstanding the permitted uses in this Plan, the subject lands shall be designated as a Class 4 Noise Area pursuant to the Ministry of the Environment, Conservation and Parks NPC-300 Environmental Noise Guidelines 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

4. 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.”

Schedule A

Schedule B

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

1. 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.

2. 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.

3. 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:

1. Notwithstanding the provisions of Sections 4.1.125,3.1.2.a (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

2. 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

3. 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.”

4. 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.

5. 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.

Schedule A