du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE:
February 21, 2024
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:
February 15, 2024, 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 FEBRUARY 15, 2024, 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 ("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.
2The City failed to make a decision on all three of these applications within the time period specified in the Planning Act (“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 Act.
3This was the second Case Management Conference (“CMC”) on this matter.
4Ms. McDermid advised the Tribunal that a second submission was submitted to the City in December of 2023, which is in the process of being circulated for agency and department comments.
Next Steps
5Accordingly, the Parties requested the Tribunal schedule a third CMC in May. The Tribunal stressed the importance of ensuring that the next CMC be productive and provided directions in that regard. The Parties are expected to submit a draft Procedural Order (“PO”) and a detailed Issues List no later than Monday, April 22, 2024, and are expected to arrive at the next CMC prepared to set hearing dates. The Tribunal will also look to the Parties to provide an update with respect to possible settlement and/or mediation. Parties are directed to submit to the Case Coordinator no later than ten (10) days in advance of the next CMC, a draft PO, and Issues List.
6A subsequent CMC is scheduled to proceed on Monday, May 6, 2024, at 10 a.m. by Video Hearing.
7Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
8Parties 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
9Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497- 9373. The Access Code is as indicated above.
10Individuals 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 Video Hearing 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.
11The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated that there were none.
12There will be no further notice and this Member is not seized but may be available for case management should scheduling permit.
13It is so ordered.
“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.