John Zunic

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 City of Kitchener brought a motion to dismiss appeals against its Protected Major Transit Station Area (PMTSA) zoning by-law amendment, arguing the appeals targeted maximum building height and density, which are prohibited grounds under subsections 34(19.5) and (19.6) of the Planning Act.

The Tribunal found that while appeals directly challenging maximum height and density are prohibited, the legislation does not create blanket immunity for the entire by-law.

The Tribunal dismissed the portions of the appeals seeking mapping changes, finding they effectively targeted maximum building height.

However, the Tribunal allowed the appeals to proceed to a hearing regarding the built-form performance standards, provided the challenges are limited to aspects that do not directly drive maximum height or density.