Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 7, 2025
CASE NO.: OLT-24-000350 OLT-24-000351
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 section 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
BEFORE:
C. I. MOLINARI MEMBER
Tuesday, the 18th day of February, 2025
THESE MATTERS, in respect of the lands at 190 and 194 Pinebush Road and 10 Wayne Avenue in the City of Cambridge, having come for a public hearing on July 19, 2024 and November 7, 2024 before the Ontario Land Tribunal (“Tribunal”) and the Tribunal having issued Decisions on August 06, 2024 and November 20, 2024;
AND THE TRIBUNAL, having been advised by the Parties on January 21, 2025 that a full uncontested settlement of the Official Plan Amendment and Zoning By-law Amendment applications had been reached on consent (“Settlement”);
AND THE TRIBUNAL, having qualified Brandon Flewwelling to give expert opinion evidence in the area of land use planning, as set out in his Affidavit, sworn on February 12, 2025 and filed with the Tribunal;
AND THE TRIBUNAL, having considered all material filed in support of the Settlement, including the opinion evidence of Mr. Flewwelling, that the appeals under subsection 22(7) and 34(11) of the Planning Act (“Act”) should be allowed, in part, and that the Settlement should be approved in accordance with the instruments attached to this Order;
AND THE TRIBUNAL, having found that an increase in density to a maximum of 76 units per hectare, the prohibition of geothermal wells, and the proposed holding provision are appropriate;
AND THE TRIBUNAL, being satisfied that, in consideration of the evidence of Mr. Flewwelling, the Settlement has sufficient and proper regard for the relevant matters of provincial interest as set out in s. 2 of the Act, is consistent with the Provincial Planning Statement, 2024, and conforms with the Regional Municipality of Waterloo Official Plan and the City of Cambridge Official Plan;
THE TRIBUNAL finds that the instruments attached to this Order are appropriate, represent good land use planning, are in the public interest and should be approved.
NOW THEREFORE
THE TRIBUNAL ORDERS THAT the appeals are allowed, in part, and:
The City of Cambridge Official Plan is amended as set out in Attachment A to this Order;
The City of Cambridge Zoning By-law 150-85, as amended, is further amended as set out in Attachment B to this Order; and
The Tribunal authorizes the municipal clerk of the City of Cambridge to assign a number to, insert any applicable dates in, and format as may by necessary, the amendments appended hereto as Attachments A and B for recordkeeping purposes.
“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.