An entreaty has been submitted to the Ontario Municipal Board under subdivision 34 ( 19 ) of the Planning Act, R.S.O. 1990, c. P.13, as amended, against Zoning By-law 05-131 of the City of Waterloo, by1130843 Ontario Limited o/a Goodlife Fitness Club. This pre-hearing brief will sum up our place against the Corporation of the City of Waterloo ‘s By-law No. 05-131, which approves the amendments to the City ‘s districting By-law No. 1418 sing the enlargement of the permitted commercial utilizations in the University of Waterloo ‘s Research and Technology Park.
2.0 Case Context
The Subject Lands are located on the University of Waterloo ‘s North Campus. The lands are bounded by Columbia Street to the South, the railroad corridor to the West, Bearinger Road to the North, and Westmount Road Extension to the East. Beyond Bearinger Road resides a residential development. East of the Park, an older industrial country is located and it is within this country that the Appellant ‘s fittingness Centre is situated. Goodlife Fitness Club is the lone plaintiff in error for this instance.
Goodlife Fitness has appealed to a districting amendment requested by Columbia Development Inc to allow a multipurpose service constructing including a fittingness installations centre within the North Campus of the University of Waterloo Research and Technology Park. This Centre, envisioned to be about 60,000 ftA? of floor infinite, is to include a eating house of about 5000 ft2, a daycare installation of about 7000 ftA? and possibly a bank and offices each of similar sizes. The remainder of the country will be occupied by a multipurpose fittingness installation of between 25,000- 35,000ft2.
The City of Waterloo ‘s current zoning judicial admissions for the capable lands ( stated under Zoning By-law No. 1418 ) denominate the land as “ University BI 25 Zone ” . As stated in Section 13.1.1 of By-law 1418, this zone allows for “ utilizations associated with or required to serve a University or College ” . The University of Waterloo Research and Technology District Implementation Plan under subdivision 7.3.4 presently limits the size of commercial developments to 500 square metres. The amendment will ensue in By-law 05-131 ( the By-law presently under entreaty ) which addresses both of these subdivisions to be amended. By-law 05-131will alteration the current zone to “ University BI 25 with site specific commissariats ” .This alteration will ensue in the expanding of permitted commercial utilizations within the proposed University of Waterloo Research and Technology Park. With this by-law in topographic point the developers would be granted permission to construct a retail and commercial development in a new multi-tenant installation much larger than the old allotted 500 square metres.
The Goodlife installation is located within an country designated as an Industrial Park instantly E of the University Campus. The applicable Zoning By-law zones the country Industrial, a zone which identifies commercial diversion installations as permitted and does non curtail their size, graduated table, location or figure of installations.
The Centre is intended by the advocates to function chiefly the demands of the renters, but may besides function the University, and its drawn-out household. They assert that the Park requires such services to vie in a planetary market.
3.0 Case History
The University was established about 50 old ages ago, and is centrally located within the City, on about one thousand estates of land. The University itself has grown and flourished over the past half-century. Its success has been so singular that it has been recognized as being the one of the top Universities in Canada in many nonsubjective rankings. Including parttime and postgraduate pupils, it has an mean one-year registration of about 30,000 pupils, many 100s of 1000s of alumnas scattered throughout the universe, and about 25,000 alumnas in the Kitchener/Waterloo country.
The University of Waterloo is non merely the physical Centre of the City, but besides the cultural and rational Centre. It strives to be inclusive of the greater community. The University makes a big part to the bosom and psyche of the City and therefore The University and City ‘s success or failure seems inextricably interwoven.
The Research and Technology Park is owned by the University and is portion of the University community. It was created after a great trade of survey and public input including the City ‘s input. Super-Build partnerships between the Province, the Federal Government and the City chiefly and to a lesser grade including the Region and Conservation authorization, led to $ 40 million of public investing. Using this money difficult services were financed, serviced roads were built within the Park and storm H2O control enhanced.
In 1982, the metropolis of Waterloo approved the Official Plan and Zoning By-law Amendment for the University of Waterloo ‘s North Campus. In the amendments the University was permitted to develop for research and engineering installations associated with the University. The University of Waterloo developed a Maestro Plan for the campus in the early 1990 ‘s which was so approved by the UW senate and board of governors in 1992.
The Guidance Statement for Development of UW Lands was introduced shortly after the Master Plan in 1996 to put out Aims and conditions to the development of the Universities Lands. The counsel statement was approved in 1997 by the Board and in 2003 the Full service professional houses subdivision was included which added extra conditions for UW refering to Professional houses straight.
A Partnership was established in 2001 with the Federal, Provincial, and Municipal authoritiess with the Super-Build Fund. By 2002 the University of Waterloo District Implementation Plan was approved by Council and so in 2005 accessory utilizations were requested to be allowed in the Research en Technology park and that the bing private route be recognized contrary to the District Implementation Plan.
In August 2008, Council approved the University of Waterloo North Campus Study Footings of mention through the Report DS-08-50.
The appellate believes the undermentioned subjects are in difference:
4.0 Main Arguments
Employment Lands – Growth Plan for the Greater Golden Horseshoe
The amendments to the Official Plan and District Plan to allow a fittingness Centre and day care installation are in dispute of the employment lands policies in the Growth Plan for the Greater Golden Horseshoe issued under the Places to Grow Act. Margareta Josipovic, a senior contriver with the City of Waterloo, will demo that the proposed fittingness Centre and day care installation represent transition of employment lands that is contrary to s. 2.2.6 of the GGHP sing transition of designated Employment Lands.
Employment Lands – Official Plan
The proposed fittingness Centre and day care installation are accessory utilizations non permitted by the City of Waterloo ‘s Official Plan. Margareta Josipovic, a senior contriver with the City of Waterloo, will show grounds sing this issue. The DS-08-02 OPA 68 Staff Report proves the purpose of council to denominate the University of Waterloo ‘s northwest campus lands as “ Employment Area. ” Amendment 68 added subdivisions 2.15 to the Official Plan, which explicitly states that transition of lands designated as “ Employment Areas ” to non-employment utilizations will non be permitted. The purpose is to maximise the sum of land available for employment intents in the metropolis. The amendments to the metropolis ‘s current Official Plan sing accessory utilizations in Employment Areas, every bit good as the amendments to the District Implementation Plan to allow larger accessory utilizations are contrary to the City ‘s purposes for Employment Areas and do non stand for good planning.
Alone Nature of R & A ; T Park
The nature of proposed Research & A ; Technology Park is so alone to Canada that land in the territory should be reserved for employment intents. Chelsey Tyers, a private contriver with ________________ , will exemplify the singularity of the University of Waterloo ‘s proposed research park in Canada and beyond. The proposed installations on the inside of the research park occupy premier hi-tech employment land and will take away from the park ‘s alone character.
UW Campus Master Plan
Construction of new accessory services is contrary to UW ‘s stated purpose to “ work with spouses who can ease the development of the University ‘s land for the indicated aims. ” Melissa Broad, a representative from the University, will turn to the University ‘s purposes for the proposed Research and Technology Park. The proposed installations represent land usage that is contrary to the purposes stated in the University ‘s Campus Master Plan. Ancillary services can be provided to park employees more efficaciously though partnerships with environing concerns than by building new installations.
Partnership with environing concerns
There are sufficient services environing the park that could be expanded in partnership with UW, rendering transition of employment lands within the park for proviso of accessory services unneeded. Nathan Horst, a little concern adviser with the Waterloo Region Small Business Centre will exemplify the willingness of local concerns to work with the University to supply services to R & A ; T employees, and will depict the effectivity of community partnerships versus building of new services.
5.0 Strengths and failings
The strength of our instance is related chiefly to current planning purposes sing the usage of employment lands. Provincial policy, viz. the Growth Plan for the Greater Golden Horseshoe issued under the Places to Grow Act, every bit good as the Planning and Conservation Land Statute Amendment Act ( Bill 51 ) , both purpose to forestall the transition of employment lands to other utilizations with the purpose of guaranting that equal land is maintained explicitly for employment intents. The City of Waterloo besides demonstrates the purpose to forestall the transition of employment land for other utilizations in the Official Plan. By exemplifying the singularity of the University of Waterloo ‘s Research and Technology Park we will foreground the importance of continuing the north campus lands for the intent of hi-tech employment.
We can besides demo that prosecuting in partnerships with bing concerns to supply services to R & A ; T Park employees is preferred to building new services for several grounds. There will be more land will be available in the District for the employment purposes that make it so alone ; there are more than adequate concerns in the environing community to supply tantamount services to R & A ; T employees ; and local concerns are non merely willing, but readily unfastened to working in partnerships with the University to supply services to R & A ; T employees.
Finally, because our instance rests on the most recent planning policies in Ontario and Waterloo sing employment lands, we can show that the proposed transition of employment land in the R & A ; T Park territory is contrary to the current way of planning in Ontario.
Our instance rests chiefly on be aftering policies sing the transition of employment lands to other utilizations. Unfortunately the current Official Plan of the City of Waterloo does non acknowledge the University of Waterloo ‘s North Campus lands as an Employment Area, despite the fact that municipal staff have demonstrated their purpose to denominate the territory as such. Other policies, such as the Regional Official Plan, the Provincial Policy Statement, and the District Implementation Plan, appear favorable towards the building of accessory services in employment countries and could be used against us.
Much of our statement is based on exemplifying the singularity of the proposed research park in a Canadian and planetary context, and hence showing that that land should be preserved for the hi-tech employment uses that make it alone. We intend to demo that transition of employment lands in the territory to commercial lands in order to supply accessory services will be damaging to the alone nature of the territory. This is an inherently subjective statement and we have small support for it beyond the anecdotal grounds provided by our adept informants.
5.3 Vulnerability and restraints
As described above, our instance is vulnerable in that: a ) we make usage of policies that may non be applicable to the territory in inquiry, B ) other statute law appears to be favorable towards the proposed development, and degree Celsius ) much of our statement is subjective and based on anecdotal grounds. The fact that there is small grounds that shows that the proposed land usage alterations ( enabling the building of a fittingness Centre and day care installation ) are explicitly discouraged or prohibited by provincial or municipal policy makes us vulnerable to rebuttals from our oppositions.
Several restraints exist in our ability to reason against the proposed land usage alterations and building of the associated installations.
Need TO CONTINUE THIS SECTION ( WILL )
6.0 Anticipated statements of oppositions
Employment Lands – Growth Plan for the Greater Golden Horseshoe
Under the Growth Plan for the Greater Golden Horseshoe ( prepared under the Places to Grow Act, 2005 ) the proposed fittingness Centre and day care installation are in dispute of the employment lands policies in the Greater Golden Horseshoe Plan.
This will be up for argument. It is anticipated that the appliers will reason that Greater Golden Horseshoe Plan promotes accessory services. Under Section 2.2.6 of the Greater Golden Horseshoe it states that municipalities promote economic development and fight by – providing chances for a diversified economic base, including keeping a scope and pick of suited sites for employment utilizations which support a broad scope of economic activities and accessory utilizations.
Employment Lands – Official Plan
Senior Planner Maria Josipovic will show grounds that the he proposed fittingness Centre and day care installation are accessory utilizations non permitted by the City of Waterloo ‘s bill of exchange Official Plan. The new Official Plan designates university lands as “ employment generators ” and explicitly provinces that transition of lands designated as “ Employment Areas ” to non-employment utilizations will non be permitted.
In response it is anticipated the appliers will reason that the current functionary program does non hold the Research and Technology list as Employment Lands on agenda A3. The Research and Technology park lands are in listed as Employment Lands in the new Official Plan nevertheless it is merely a bill of exchange which is non in consequence.
Alone Nature of R & A ; T Park
Chelsey Tyers a private contriver will turn to the nature of proposed Research & A ; Technology Park and how it is alone to Canada. She will reason that land in the territory should be reserved for employment intents.
This will be up for argument more specifically the size of the fittingness centre. The proposed fittingness centre and day care will non take away from the singularity of the park. They fitness halfway itself does non busy the full infinite. Of the 60,000 square pes proposed constructing the proposed fittingness installation would merely busy about half of that infinite between 25,000-35,000 square pess with the balance of the edifice being used a day care and eating house and for future offices. It can be argue that the fittingness installation and other services within the edifice are in fact required services for the Research and Technology Park to vie in a planetary market. It can be disputed that the services can assist do the park unique since the Research and Technology Park would hold their ain services located within the park itself. Equally good there is small support and grounds as to what makes a site unique.
UW Campus Master Plan
In General the building of new accessory services is contrary to UW ‘s stated purpose to work with spouses who can ease the development of the University ‘s land for the indicated aims.
In response the appliers can reason that the University of Waterloo as an establishment supports the Research and Technology Park and the development of the accessory services within it. As good the appliers will be able to reason that the Policy Statement, and the District Implementation Plan, favour the building of accessory services.
Partnership with environing concerns
Nathan Horst, _______________of the Waterloo Region Small Business Centre will turn to the willingness of local concerns to work with the University to supply services to R & A ; T employees. He will besides discourse the effectivity of community partnerships versus building of new services.
The appliers may hold that partnerships with milieus concern are of import nevertheless their specific accessory services are an exclusion. The appliers will be able to reason that Goodlife ‘s current installation is non big plenty to back up the employees of the Research and Technology Park. As good the location of our installation will besides be up for argument. Having a Fitness installation developed centrally within the Research and Technology Park will be argued as more easy accessible to employees of the Research and Technology Park whereas Goodlife ‘s current installation is a short thrust down a busy route.
7.0 Strengths and failings of the Oppositions
Applicants are supported by the University of Waterloo, the City of Waterloo, and the Provincial and Federal Governments. The current Official Plan is another strength the appliers posses. Although municipal staff have demonstrated that they intend to denominate the Research and Technology Park as Employment Lands it presently is non under the current Official Plan. As good the Provincial Policy Statement, and the District Implementation Plan, favour the building of accessory services in employment countries which the appliers will be able to utilize against us. Finally the appliers will be able to reason what makes the site alone as there is really small support as to what gives a Research and Technology Park unCriqueness.
Applicants will hold a hard clip supporting their instance when making Partnerships with bing concerns is addressed by us. Making Partnerships that provide services to the Research and Technology Park employees is preferred to building new services for several grounds. By utilizing nearby services more land will be available specifically for Research and Technology edifices. As good the location of our installation is located nearby and we would be able to suit the employees from the Research and Technology Park or do betterments to our installation if we presently can non.
7.3 Vulnerability and restraints
STILL NEED THIS SECTION ( CRAIG )
8.0 Preliminary Schemes
YES, STILL NEED THIS SECTION TOO ( WILL )
Appendix A – Context Map and site map
Appendix B – Group Members and Roles
W. new wave Hemessen
Senior Planner, City of Waterloo
Representative, University of Waterloo
Representative, Region of Waterloo Small Business Centre