Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 08, 2025
CASE NO(S).: OLT-24-000546
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Brigade Holdings Corporation and Vive Development Corporation
Appellant: Charles Preston Kitchener Holdings Inc. and Vive Development Corporation
Subject: City of Kitchener Protected Major Transit Station Area By-law No. 2024-065
Description: To implement an updated zoning framework for protected major transit station areas within the City of Kitchener
Reference Number: By-law No. 2024-065
Property Address: All properties within Protected Major Transit Station Areas
Municipality/UT: Kitchener / Waterloo
OLT Case No.: OLT-24-000546
OLT Lead Case No.: OLT-24-000546
OLT Case Name: Brigade Holdings Corporation and Vive Development Corporation et al. v. Kitchener (City)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Kitchener
Request for: Request for Directions
Heard: February 21, 2025 in writing
APPEARANCES:
Parties
Counsel
Brigade Holdings Corporation and Vive Development Corporation (“Weber St. Appeals”)
Charles Preston Kitchener Holdings Inc. and Vive Development Corporation (“Charles St. Appeals”)
City of Kitchener (“City”)
Kim Mullin
Mithea Murugesu
Kim Mullin
Mithea Murugusu
Alex Ciccone
Katherine Hughes
DECISION DELIVERED BY AARON SAUVE AND ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION
1This Decision arises from a Motion for Directions brought in writing seeking an Order pursuant to subsection 34(31) of the Planning Act, RSO 1990 c P13 (“PA”) that Protected Major Transit Station Areas By-law 2024-065 (“BL”) is in effect as of the date the By-law was passed, March 18, 2024, for the properties identified in the By-law, except the following properties that have filed appeals:
i. 698, 704 and 710 Charles Street East; and
ii. 79 Weber Street East.
2The materials before the Tribunal on the Motion were contained in the Motion Record of the Corporation of the City of Kitchener, and included the Affidavit of Registered Professional Planner John Zunic, a City employee. The Tribunal reviewed the CV and Acknowledgement of Expert Duty of Mr. Zunic and finds that he is able to provide expert opinion evidence in the field of Land Use Planning. After a review of the materials, the Tribunal adopts the uncontested evidence of Mr. Zunic.
BACKGROUND
3The BL was passed pursuant to section 34 of the PA, and the appeals (“Appeals”) are made pursuant to section 34(19) of the PA.
4The City received two Appeals of the BL. The first Appeal was filed on behalf of Charles Preston Kitchener Holdings Inc. and Vive Development Corporation. The second appeal was filed on behalf of Brigade Holdings Corporation and Vive Development Corporation.
5A motion to dispense the Appeals under section 34(25) of the PA (“Motion”) was heard September 13, 2024. The decision of the Tribunal on that Motion was issued December 9, 2024..Following the issuance of the Motion decision on December 9, 2024, the Parties consented to site-specific scoping of the appeals and subsequently the City brought the Motion which is presently before the Tribunal.
6Pursuant to Section 34(31) of the PA, the Tribunal may, before these Appeals have been finally disposed of, make an Order providing that any part of the BL not in issue in the appeal be deemed to have come into force on the day the by-law was passed.
7Section 34(32) of the PA allows the Tribunal to make such an Order on its own initiative or pursuant to a motion. In this case, the Order is being requested by way of a Motion, on consent of all the Parties.
ARGUMENTS AND ANALYSIS
8Mr. Zunic informed the Tribunal of the rationale for the partial approval of the BL in his Affidavit. His opinion can be outlined as such:
a. The BL expands development permissions compared to the currently in force regulations in the City’s Zoning By-law that apply to these lands, and implements OPA 49 which is required by the PA. The BL pre-zones land for increased development permissions, streamlining the development process. Once the BL is in force, it will result in fewer site-specific zoning by-law amendments and minor variances, which are time- consuming and add expense to projects.
b. The City is currently faced with a number of PA applications that would no longer be required once the BL is in force for the properties identified in the By-law (excluding the properties subject to this Appeal).
c. Once the BL is in force for the properties identified in the By-law, a number of proposed developments will be able to proceed straight to site plan and/or building permit review. This will address the Provincial goal of providing housing more quickly where it is needed most, lowering barriers to the development community and reducing unnecessary planning application reviews by the City.
d. It is Mr. Zunic’s professional planning opinion is that it is appropriate and in the broader public interest that the BL be brought into force while permitting Appellants to maintain any legitimate planning issues on a site-specific basis.
FINDINGS
9The Tribunal is satisfied by the evidence provided by Mr. Zunic, through his uncontroverted testimony provided by way of Affidavit. The Tribunal finds that the un-appealed ZBL satisfies all legislative tests, as detailed above, and warrants approval.
FINAL ORDER
10UPON APPEAL to this Tribunal, and after the hearing of the motion in writing pursuant to s. 34(32) of the Planning Act, to make an order providing that part of By-law No. 2024-065 not in issue be deemed to have come into force on the day the by-law was passed, and the Tribunal having granted the motion.
11THE TRIBUNAL ORDERS THAT By-law 2024-065 of the City of Kitchener save and except for the provision of said by-law being relating to 698, 704 and 710 Charles Street East and 79 Weber Street East, being the appealed portions, shall be deemed to have come into force on March 18, 2024. .
“A. Sauve”
A. SAUVE
MEMBER
Ontario Land Tribunal
Website: www.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.