ISSUE DATE: March 11, 2025
CASE NO.: OLT-22-004241, OLT-22-004242
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 8185 Bridgeport Inc
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit 3 mixed-use towers with shared podiums
Reference Number: OPA 36
Property Address: 81 – 85 Bridgeport Road East
Municipality/UT: City of Waterloo
OLT Case No.: OLT-22-004241
OLT Lead Case No.: OLT-22-004241
OLT Case Name: 8185 Bridgeport Inc v. Waterloo (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 8185 Bridgeport Inc
Subject: Application to amend the Zoning By-law – Neglect to make a decision
Description: To permit 3 mixed-use towers with shared podiums
Reference Number: Z-22-05
Property Address: 81 – 85 Bridgeport Road East
Municipality/UT: City of Waterloo
OLT Case No.: OLT-22-004242
OLT Lead Case No.: OLT-22-004241
BEFORE:
GREGORY J. INGRAM MEMBER
Thursday, the 6th day of March, 2025
THESE MATTERS having come before the Tribunal on a settlement between 8185 Bridgeport Inc, The Corporation of the City of Waterloo, and The Corporation of the Regional Municipality of Waterloo, which settlement was heard on November 17, 2023;
AND THE TRIBUNAL issued a written decision and order, dated January 23, 2024 (the “Order”), allowing the appeals in part, in accordance with the settlement;
AND THE TRIBUNAL has received a request from the Parties, on consent, that the Tribunal vary the Order pursuant to section 23 of the Ontario Land Tribunal Act;
THE TRIBUNAL ORDERS that the Order is hereby varied by replacing Appendix B of the Order with the revised Appendix B, attached hereto as Appendix 1;
AND THE TRIBUNAL FURTHER ORDERS that except as set out herein, the Order shall remain unchanged;
AND THE TRIBUNAL FURTHER ORDERS that in the event there are issues arising from the implementation of this Order, the Tribunal may be spoken to.
“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.
Appendix “1”
Revised Appendix “B” to Order
ZONING BY-LAW AMENDMENT
EXPLANATORY NOTE
By-law No. 2025- ·
Amendment to ZBL2018-050: 81 and 85 Bridgeport Road East Zoning By-law Amendment Z-22-05
8185 Bridgeport Inc (Schembri) Ontario Land Tribunal: OLT-22-004242 Official Plan Amendment No. 36
By-law 2018-050 is a Zoning By-law controlling land use development within the City of Waterloo. By-law 2025- · amends By-law 2018-050 for the lands municipally known as 81 and 85 Bridgeport Road East.
The purpose of the amending by-law is to amend the Mixed Use Community Commercial (C1) zone applied to the lands to facilitate the redevelopment of the lands for a proposed multi-storey, mixed-used development consisting of three high rise towers, ranging in height from 16 to 27 storeys inclusive of the podium, connected by a common base (podium), containing an estimated 553 dwelling units (717 bedrooms), 513 vehicular parking spaces, and 479 square metres of commercial space at grade and oriented to Bridgeport Road East.
If you require further information or have any questions please contact the City of Waterloo’s Planning Division at 519-747-8752.
Prepared By:
Development Planning Section Planning Division
Integrated Planning & Public Works City of Waterloo
THE CORPORATION OF THE CITY OF WATERLOO
BY-LAW NO. 2025 –
BY-LAW TO AMEND BY-LAW NO. 2018-050 BEING A ZONING BY-LAW CONTROLLING LAND USE DEVELOPMENT WITHIN THE CITY OF WATERLOO
81 and 85 Bridgeport Road East
WHEREAS
By-law 2018-050 was passed by the Council of The Corporation of the City of Waterloo on September 10, 2018 and is in full force and effect.
Official Plan Amendment No. 36 and Zoning By-law Amendment Z-22-05 were appealed to the Ontario Land Tribunal pursuant to subsections 22(7) and 34(11) of the Planning Act, R.S.O. 1990 c.P.13 (OLT Case Nos. OLT-22-004241 and OLT-22-004242).
The Ontario Land Tribunal deems it desirable to amend By-law 2018-050 in accordance with the provisions of this by-law.
THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE CITY OF WATERLOO, BY ORDER OF THE ONTARIO LAND TRIBUNAL, CASE NO. OLT-22- 004242, ENACTS AS FOLLOWS:
That Zoning By-law 2018-050 is hereby amended by changing the zoning category as shown on the Zoning Map attached to the said By-law No. 2018-050 as Schedule ‘A’, for the lands identified as “Lands to be re-zoned from Mixed Use Community Commercial 40 (C1-40) to Mixed Use Community Commercial 40 (C1-40) with site specific provisions” on Schedule ‘A’ attached hereto, from “Mixed Use Community Commercial 40 (C1-40)” to “Mixed Use Community Commercial 40 (C1-40)” with site specific provisions as contained herein.
That Zoning By-law 2018-050 is hereby amended by changing the zoning category as shown on the Zoning Map attached to the said By-law No. 2018-050 as Schedule ‘A’, for the lands identified as “Lands to be re-zoned from “Mixed Use Community Commercial 40 (C1-40) to Mixed Use Community Commercial 60 (C1-60) with site specific provisions” on Schedule ‘A’ attached hereto, from “Mixed Use Community Commercial 40 (C1-40)” to “Mixed Use Community Commercial 60 (C1-60)” with site specific provisions as contained herein.
That Zoning By-law 2018-050 is hereby amended by changing the zoning category as shown on the Zoning Map attached to the said By-law No. 2018-050 as Schedule ‘A’, for the lands identified as “Lands to be re-zoned from “Mixed Use Community Commercial 40 (C1-40) to Mixed Use Community Commercial 81 (C1-81) with site specific provisions” on Schedule ‘A’ attached hereto, from “Mixed Use Community Commercial 40 (C1-40)” to “Mixed Use Community Commercial 81 (C1-81)” with site specific provisions as contained herein.
That Zoning By-law 2018-050 is hereby amended by replacing “C47” to Schedule ‘C’ of said By-law 2018-050, which is applicable to the “Subject Property” as shown in Schedule ‘B’ attached hereto, with “C47” set forth in Schedule ‘C’ attached hereto.
This by-law shall come into force and effect on the date of its final passing thereof by Order of the Ontario Land Tribunal and the final passing of Amendment No. 36 to the Official Plan of the City of Waterloo Planning Area by the Ontario Land Tribunal, and in accordance with the Planning Act, R.S.O 1990 c.P.23 and amendments thereto.
Enacted this · day of ·, 2025.
OLT-22-004241
D. McCabe, Mayor
OLT-22-004241
J. Finley-Swaren, City Clerk
Schedule ‘A’
This is Schedule ‘A’ to By-law No. 2025 - · passed this · day of ·, 2025.
Schedule ‘B’
This is Schedule ‘B’ to By-law No. 2025 - · passed this · day of ·, 2025.
Schedule ‘C’
This is Schedule ‘C’ to By-law No. 2025-· passed this · day of ·, 2025.
Exception
C47
Address
81 and 85 Bridgeport Road East
Zoning
C1-40, C1-60, C1-81
File Reference
OPA 36 Z-22-05
OLT-22-004241 OLT-22-004242
Location: 81 and 85 Bridgeport Road East
as shown on Schedule ‘A’ and Schedule ‘B’ to By-law No. 2025-· Site Specific Regulations:
a) Notwithstanding anything to the contrary, the following site specific provisions shall apply to a multi-storey, mixed-use development on the Lands:
i. the minimum BUILDING FLOOR AREA devoted to one or more commercial uses specified in 8.3.1.1 and 8.3.1.3 of the Mixed Use Community Commercial (C1) zone shall be 475 square metres;
ii. within Area A as shown on Image 1 herein, the maximum BUILDING HEIGHT of a TOWER shall be 27 storeys and 89 metres inclusive of the PODIUM;
iii. within Area B as shown on Image 1 herein, the maximum BUILDING HEIGHT of a TOWER shall be 18 storeys and 60.5 metres inclusive of the PODIUM;
iv. within Area C as shown on Image 1 herein, the maximum BUILDING HEIGHT of a TOWER shall be 16 storeys and 54 metres inclusive of the PODIUM;
v. the maximum BUILDING HEIGHT of a PODIUM shall be 6 storeys and 21.5 metres;
vi. notwithstanding anything to the contrary, balconies on TOWERS A and B may project into the minimum TOWER Separation setback by a maximum 1.5 metres. For clarity, this regulation applies to the TOWER Separation setback for TOWERS on the same LOT, and to the TOWER Separation setback from an INTERIOR LOT LINE;
vii. notwithstanding anything to the contrary, the minimum BUILDING setback from the westerly Interior Lot Line of Area C as shown on Image 1 herein shall be 4.0 metres;
viii. the maximum HORIZONTAL TOWER DIMENSION shall be:
A. 40 metres within Area A as shown on Image 1 herein;
B. 43 metres within Area B as shown on Image 1 herein;
C. 40 metres within Area C as shown on Image 1 herein;
ix. notwithstanding Table 8F, for the portion of the Lands zoned Mixed Use Community Commercial 60 (C1- 60), the maximum density shall be 750 BEDROOMS per hectare;
x. the minimum PARKING SPACE regulations shall be:
A. Residential:
Residential: 0.80 PARKING SPACES per DWELLING UNIT
Residential Visitor: 0.10 visitor PARKING SPACES per DWELLING UNIT
B. Non-Residential: 2.4 PARKING SPACES per 100 square metres of BUILDING FLOOR AREA
xi. regulations 8.3.11(b) and 8.3.11(c) in the Mixed Use Community Commercial (C1) zone shall not apply within Area D as shown on Image 1 herein.
xii. regulations 8.3.11(a), 8.3.11(b) and 8.3.11(c) shall not apply to a BUILDING that is setback a minimum 45 metres from the STREET LINE.
b) In addition to any other provision in the BY-LAW, the following USES shall be prohibited unless a FLOOD EMERGENCY PLAN is provided for the BUILDING or STRUCTURE, to the satisfaction of the City and the Region:
residential uses, including DWELLING UNITS
HOTEL, provided further that all hotel rooms where individuals sleep shall be located above the elevation of the REGULATORY FLOOD
For purposes of this provision, FLOOD EMERGENCY PLAN shall be defined as follows:
FLOOD EMERGENCY PLAN - means a comprehensive flood emergency plan, and flood emergency procedures, prepared by a qualified professional, to address at a minimum the matters set out below, including how residents and occupants will be informed of safe access and flood event protocols, and evacuation and re-entry procedures before, during and after a flood event for the purposes of safeguarding persons, animals and property. A FLOOD EMERGENCY PLAN shall include, but not be limited to:
strategies and systems to protect occupants and visitors to the site
address how individuals will be informed of safe access protocols and emergency procedures for evacuation, re-entry, and shelter in place
measures to avoid and mitigate damage to property
emergency preparedness recommendations and directives for occupants of the building
methods to ensure building occupants have knowledge of the flood emergency protocol
provisions to ensure that, commencing upon 1st occupancy, the Owner will maintain up-to-date emergency contact lists, including owner/board, property manager(s), security persons, concierge persons, relevant agencies, utilities, contractors, and consultants (including roles and responsibilities)
provisions to ensure that, commencing upon 1st occupancy, the Owner will maintain an up-to- date list of residents (including identification of those requiring special assistance)
standard operating procedures for maintenance of emergency entrances/exits, alarm systems, voice communication systems, lighting, extinguishers, utility shut-offs, elevators, and emergency generators
provisions requiring that, prior to 1st occupancy, the Owner establish, identify and maintain an emergency command centre, assembly areas, first aid areas
protection and location of building documents, including the emergency contact lists, list of residents, and standard operating procedures, at the emergency command centre and any additional location(s) identified by the City’s Fire Rescue Services Division
Image 1