Aaron Sauve

The City of Kitchener brought a motion on consent for an order under s. 34(31) of the Planning Act to bring into force the un-appealed portions of its Protected Major Transit Station Areas By-law.

The Tribunal accepted the uncontroverted expert planning evidence that partial approval would streamline development and provide housing more quickly.

The motion was granted, and the by-law was deemed in force as of its passing date, save for the specific properties subject to the appeals.

The Ontario Land Tribunal issued an amended procedural order on consent of the parties to govern the procedures leading up to and including a 15-day hearing scheduled to commence on March 4, 2024, regarding appeals by The Elia Corporation concerning official plan and zoning by-law amendments and a proposed plan of subdivision in the City of Mississauga.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by the applicant concerning the municipality's failure to make decisions on applications for an official plan amendment, zoning by-law amendment, and plan of subdivision.

The proposed development includes multiple apartment buildings and townhouses.

The hearing is scheduled to commence on March 4, 2024, for 15 days.

The appellant appealed the City of Kitchener's approval of zoning by-law amendments facilitating a three-storey, 20-unit stacked townhouse development.

The appellant argued the development's density and floor space ratio exceeded the maximums permitted by the City's Official Plan.

The Tribunal found that the density policies were guidelines not meant for individual developments, and that the floor space ratio calculation correctly excluded the below-grade floor.

Relying on uncontradicted expert planning evidence, the Tribunal concluded the development was compatible with the neighbourhood, consistent with provincial policies, and conformed to the applicable official plans.

The appeal was dismissed.