Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 11, 2024
CASE NO(S).: OLT-24-000564
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Glen Nyhus
Applicant/Appellant: Haastown Holdings Preston Inc.
Subject: By-law No. ZBL 24-034
Description: To permit the construction of 3 residential towers
Reference Number: OR09/23
Property Address: 102 Fountain Street South, 199 Abraham Street, 134 Fountain Street North and 144 Fountain Street North
Municipality/UT: Cambridge/Waterloo
OLT Case No.: OLT-24-000564
OLT Lead Case No.: OLT-24-000564
OLT Case Name: Nyhus v. Cambridge (City)
Heard: September 4, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Haastown Holdings Preston Inc. | Aaron Platt |
| Glen Nyhus | Jim Karahalios |
| City of Cambridge | Brian Duxbury Nicole Auty |
| Region of Waterloo | Fiona McCrea |
MEMORANDUM OF ORAL DECISION DELIVERED BY N. EISAZADEH ON SEPTEMBER 4, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) regarding the respective appeals filed by Glen Nyhus (“Third Party Appellant”), and Haastown Holdings Preston Inc. (“Applicant/Appellant”) against the passing of Zoning By-Law Amendment No. 24-034 (“ZBA 24-034”) by the City of Cambridge (“City”) under s.34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), in a modified form as it relates to a revised proposal by the Applicant/Appellant for a mixed-use development comprised of three residential towers consisting between 18, 20 and 22 stories totalling between approximately 620-640 residential units as well as commercial uses within the podium levels (“Revised Proposal”). The redevelopment comprises the lots municipally known as 102 Fountain Street South, 199 Abraham Street, 134 Fountain Street North and 144 Fountain Street North, in the City (collectively the “Subject Lands”).
2The Tribunal entered into evidence the Affidavit of Service of Laura Dewar sworn on August 2, 2024, and marked as Exhibit 1, and was satisfied that same demonstrates proper Notice of the present CMC.
3The Tribunal received only one request for Party status from the Region of Waterloo (“Region”). Counsel for the Region advised that it is a review and commenting authority on ZBA 24-034 in respect of conformity with the Region Official Plan (“OP”) and is a review and commenting agency on matters delegated to the Region by the Province as applicable. The Subject Lands also front on, and will have access to, Fountain Street which is Regional Road 8 and a road under the jurisdiction of the Region. The Tribunal was satisfied that the Region, having a direct interest, is an appropriate added Party, and with no opposition from the other Parties, was granted Party status.
4Counsel for the Applicant/Appellant advised that in addition to the appeals of the ZBA 24-034, it will also be appealing Official Plan Amendment 77 (“OPA 77”) which was adopted by the City in a modified form from that applied for in connection with the same Revised Proposal. OPA 77 was only recently approved by the Region as the Upper Tier Approval Authority. Accordingly, the formal appeal of OPA 77 to this Tribunal by the Applicant/Appellant is pending, however the Tribunal is advised it will be filed in short order.
5Given the pending appeal of OPA 77, for which an order for either Consolidation or a Hearing together will be sought by the Applicant/Appellant, the Tribunal endorsed the Parties agreed approach that the most efficient manner to organize a Hearing of the matters was to set a second CMC date in late October 2024. This would allow an opportunity for the appeal of OPA 77 to be filed, as well as contemplate the coming in force date of the new Provincial Planning Statement 2024, which may impact the finalized language of a comprehensive Issues List (“IL”) for the purposes of the Procedural Order (“PO”).
6With respect to Mediation, the Parties stated that while each required the respective instructions of their client, they were open to holding potential settlement discussions and possibly Tribunal-assisted mediation. The Tribunal encouraged the Parties to engage in such discussions in an effort to narrow or resolve the issues and to contact the Case Coordinator if they require assistance in taking advantage of Tribunal-assisted mediation.
7A Second CMC date was scheduled to be held by Video-Hearing on Monday, October 28, 2024, commencing at 10 a.m., at which time a draft PO and IL will be finalized, and hearing dates may be set.
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Access Code: 638-422-541
8Individuals 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
9Individuals who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
10Individuals 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 hearing by video 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.
11The Tribunal requests that the Parties file a draft PO and IL with the Tribunal by Friday, October 25, 2024.
12There shall be no further notice required for the second CMC on the present appeals. Counsel for the Applicant/Appellant is directed to advise the assigned Case Coordinator on the pending OPA 77 appeal, once filed and deemed received, of the presently scheduled second CMC in this matter with a request to have the first CMC on the OPA 77 appeal scheduled to be heard together. Notice of the CMC on the pending OPA 77 appeal should follow the normal course.
ORDER
13The Tribunal orders that the Region of Waterloo is a Party to this proceeding.
14This Member is not seized.
15There will be no further notice.
“N. Eisazadeh”
N. EISAZADEH
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.