Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 17, 2023

CASE NO(S).: OLT-23-000065

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Carlos Bazzarella

Applicant: Agrawal Real Estate Investment Inc.

Subject: By-law No. 2022-133

Description: Zoning By-law Amendment to permit a development concept that proposes a three-storey multiple dwelling building

Reference Number: ZBA22/009/O/ES

Property Address: 1257 & 1265 Ottawa Street South

Municipality/UT: City of Kitchener/ Region of Waterloo

OLT Case No.: OLT-23-000065

OLT Lead Case No.: OLT-23-000065

OLT Case Name: Bazzarella v. Kitchener (City)

Heard: June 23, 2023 by video hearing

APPEARANCES:

Parties

Counsel/Representative*

Carlos Bazzarella

self-represented

City of Kitchener

Katherine Hughes*

Agrawal Real Estate Investment Trust, Ihor Dotsenko and Yuliya Dotsenko

Denise Baker*

MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS AND AARON SAUVE ON JUNE 23, 2023 AND ORDER OF THE TRIBUNAL

1In April 2022, Agrawal Real Estate Investment Trust, Ihor Dotsenko, and Yuliya Dotsenko (“Applicants”) applied to the City of Kitchener (“City”) for zoning by-law amendments to facilitate a residential development at the properties located at 1257 and 1265 Ottawa Street South (“subject properties”). The proposed Zoning By-law Amendments would facilitate a three-storey 20-unit stacked townhouse residential development.

2The subject properties are designated as “Community Areas” in Map 2 on Urban Structure and as “Low Rise Residential” in Map 3 on Land Use of the City’s Official Plan.

3The proposed Zoning By-law Amendments amend the City’s Zoning By-law Nos. 85-1 and 2019-051. At the time of the applications, the City had passed Zoning By-law No. 2019-051 as a new comprehensive zoning by-law to replace Zoning By-law No. 85-1. At that time, Zoning By-law No. 2019-051 was under appeal in a separate proceeding before the Tribunal and was not yet in force. Amendments to both Zoning By-law No. 85-1 and No. 219-051, therefore, were necessary.

4The existing zoning under Zoning By-law No. 85-1 does not permit the proposed use on the subject property. The amendment to Zoning By-law No. 85-1 would re-zone the subject properties from Residential Three Zone (R-3) to Residential Six Zone (R-6) with Special Regulation 784R. The proposed amendment to Zoning By-law No. 2019-51 would rezone the subject properties from Low Rise Residential Two Zone (RES-2) to Low Rise Residential Five (RES-5) with Site Specific Provision 354 allowing a maximum floor space ratio of 0.63 for the subject properties.

5On December 19, 2022, the City granted the applications and passed By-law No. 2022-133 (amending Zoning By-law No. 85-1) and By-law No. 2022-134 (amending Zoning By-law No. 2019-051).

6On January 16, 2023, Carlos Bazzarella (“Appellant”) appealed the proposed Zoning By-law Amendments.

ISSUES

7The general issues to be adjudicated on zoning by-law amendment appeals are whether the proposed amendments:

i. are consistent with the Provincial Policy Statement, 2020 (“PPS”);

ii. conform with applicable provincial plans, which in the present case includes A Place to Grow: Growth Plan for the Greater Golden Horseshoed, 2020 (“Growth Plan”); and

iii. conform with applicable official plans, which in the present case include the Region of Waterloo (“Region”) Official Plan and the City’s Official Plan.

When considering zoning by-law amendment appeals, the Tribunal must also have regard to the matters of provincial interest set out in s. 2 of the Planning Act and, for appeals of amendments passed by a municipality, it must have regard to the decision of the municipality in passing the proposed amendments along with the information that it had before it when considering the