Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 01, 2023
CASE NO(S).: OLT-23-000866
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Kitchener Trussler Holdings Inc. & Kitchener Trussler Holdings 3 Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of 204-409 residential units including single-detached, townhouse and multiple-unit residential dwellings
Reference Number: OPA22/009/O/AP
Property Address: 2219 Ottawa Street South and 808 Trussler Road
Municipality/UT: Kitchener/Waterloo
OLT Case No.: OLT-23-000866
OLT Lead Case No.: OLT-23-000866
OLT Case Name: Kitchener Trussler Holdings Inc. & Kitchener Trussler Holdings 3 Inc. v. Kitchener (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Kitchener Trussler Holdings Inc. & Kitchener Trussler Holdings 3 Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of 204-409 residential units including single-detached, townhouse and multiple-unit residential dwellings
Reference Number: ZBA22/016/O/AP
Property Address: 2219 Ottawa Street South and 808 Trussler Road
Municipality/UT: Kitchener/Waterloo
OLT Case No.: OLT-23-000867
OLT Lead Case No.: OLT-23-000866
OLT Case Name: Kitchener Trussler Holdings Inc. & Kitchener Trussler Holdings 3 Inc. v. Kitchener (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Kitchener Trussler Holdings Inc. & Kitchener Trussler Holdings 3 Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of 204-409 residential units including single-detached, townhouse and multiple-unit residential dwellings
Reference Number: 30T-22201
Property Address: 2219 Ottawa Street South and 808 Trussler Road
Municipality/UT: Kitchener/Waterloo
OLT Case No.: OLT-23-000868
OLT Lead Case No.: OLT-23-000866
OLT Case Name: Kitchener Trussler Holdings Inc. & Kitchener Trussler Holdings 3 Inc. v. Kitchener (City)
Heard: November 20, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Kitchener Trussler Holdings Inc., And Kitchener Trussler Holdings 3 Inc. (“Applicant/Appellant”)
Meaghan McDermid
City of Kitchener (“City”)
Katherine Hughes
Region of Waterloo (“Region”)
Fiona McCrea
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN, ON NOVEMBER 20, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1Kitchener Trussler Holdings Inc. and Kitchener Trussler Holdings 3 Inc., the (“Applicant/Appellant”) intends to redevelop its property located at 2219 Ottawa Street South and 808 Trussler Road in the City of Kitchener (“Subject Lands”). To facilitate its proposed development, the Applicant applied for amendments to the City’s Official Plan (“OPA”), Zoning By-law (“ZBA”) and submitted a Draft Plan of Subdivision. The City failed to make a decision on all three of these applications within the time period specified in the Planning Act, R.S.O. 1990, c. P. 13, as amended, hence, the Applicant appealed pursuant to s. 22(7) for the OPA, s. 34(11) for the ZBA and s. 51(34) on the Draft Plan of Subdivision pursuant to the Planning Act.
2The Appellant is proposing to facilitate the development of a residential community on the Subject Lands comprised of 204-409 new residential units in a range of residential unit types including single detached, townhouse and multiple-unit residential dwellings (the "Proposed Development").
3The Proposed OPA seeks to revise the boundaries of the "Green Areas" on Map 2 - Urban Structure and the "Natural Heritage Conservation" designation on Map 3 - Land Use Structure to properly reflect the extent of the environmental features on the Subject Lands. The Proposed OPA would also revise the boundaries of the "Mixed Use" and "Low Rise Residential" designations on the Subject Lands to reflect the Proposed Draft Plan of Subdivision ("Draft Plan"), and to re-designate lands to "Open Space" which are intended for parkland and storm water management.
4The Subject Lands are zoned "Agricultural (A-1)" under the City's Zoning By-law No. 85-1 and "Future Use (FTR-1)" under the City's new Comprehensive Zoning By-law No. 2019-051, which is currently under appeal in part. The proposed ZBA seeks to rezone the Subject Lands to Low Rise Residential Five (RES-5), Neighbourhood Institutional Zone (INS-1), Recreation Zone (OSR-1), Open Space: Stormwater Management Zone (OSR-3) and Natural Heritage Conservation Zone (NHC-1) with site-specific provisions applied to portions of the Subject Lands respecting the maximum floor space ratio and side yard setbacks.
5The Proposed Draft Plan includes residential blocks for multiple unit residential buildings, single-detached dwellings and townhouses with a total of 204-409 units, new public roads and road widenings, park blocks, blocks for stormwater management, open space and a multi-use trail. The Subject Lands contain an existing building, which is listed on the City's Inventory of Historic Buildings, but is not currently designated under the Ontario Heritage Act or listed on the City's Heritage Register. The Proposed Development will retain the Historic Building in its current location within a block on the Draft Plan.
6This, being the first Case Management Conference (“CMC”), the Affidavit of Service providing that notice of this CMC was given in accordance with the Tribunal’s direction, was marked as Exhibit 1.
PARTY STATUS REQUESTS
7The Tribunal received one Party Status request related to this matter. The Region maintains an interest in the overall Proposed Development from a conformity aspect with the Region’s Official Plan, as well the Subject Lands that front onto three regional roads.
8Upon hearing no objections, the Tribunal conferred Party Status to the Region
PARTICIPANT STATUS REQUESTS
9The Tribunal received no Participant Status requests related to this matter.
MEDIATION
10The Tribunal noted that Tribunal-led mediation may assist in reducing the issues in dispute. Information on Tribunal-led mediation can be obtained at any point through the Case Coordinator.
NEXT STEPS
11The Appellant’s representative, Ms. McDermid, advised that a second CMC would be necessary with the addition of the Region as a Party to this matter. The Parties will now have a discussion to identify their respective issues before the next CMC. Ms. McDermid stated that should there be, on consent, a resolution to the issues raised, the conversion of the CMC to Settlement Hearing would be requested through the Case Coordinator.
12Ms. McDermid was tasked to provide the Tribunal with a Draft Procedural Order (“PO”) containing an Issues List (“IL”), on consent, should discussions fall short of a Settlement Ten (10) days in advance of the second CMC.
13A second CMC will commence on Thursday, February 15, 2024, at 10 a.m. by Video Hearing.
GoToMeeting: https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
14Parties are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections.
15Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is indicated above.
16Parties are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
17Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
18THE TRIBUNAL ORDERS that:
a) Party Status be conferred to the Region of Waterloo.
b) A further CMC will commence on Thursday, February 15, 2024, at 10 a.m. by Video Hearing.
c) The Parties are to forward a Draft Procedural Order and Issues List to the Case Coordinator Ten (10) days prior to the CMC.
19This Member is not seized but remains available through the Case Coordinator should the need arise.
20No further notice is required.
“D. Chipman”
D. CHIPMAN
MEMBER
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.