6 PL190253 LOCAL PLANNING APPEAL TRIBUNAL TRIBUNAL D’APPEL DE

6 PL190253 LOCAL PLANNING APPEAL TRIBUNAL TRIBUNAL D’APPEL DE




Publications (annual reports, brochures)

6 PL190253

6 PL190253 LOCAL PLANNING APPEAL TRIBUNAL TRIBUNAL D’APPEL DE

Local Planning Appeal Tribunal

Tribunal d’appel de l’aménagement local

ISSUE DATE:

February 02, 2021

CASE NO(S).:

PL190253


The Ontario Municipal Board (the “OMB”) is continued under the name Local Planning Appeal Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board in any publication of the Tribunal is deemed to be a reference to the Tribunal.



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

Appellant:

Kingsridge Developments

Appellant:

Fred Wagner

Subject:

By-law No. 2019-051

Municipality:

City of Kitchener

LPAT Case No.:

PL190253

LPAT File No.:

PL190253

LPAT Case Name:

Kingsridge Developments et. al. v. Kitchener (City)



Heard:

December 4, 2020 by Video Hearing

APPEARANCES:




Parties

Counsel*/Representative



Fred Wagner

William Appleby*



City of Kitchener

Lesley MacDonald*



Activa Holdings Inc.,

Robert Howe*

LVH Developments (DC) Inc.,


Hallman Construction Limited and


HIP New Dundee LP




Neil Taylor

Self-represented



MEMORANDUM OF ORAL DECISION DELIVERED BY C. TUCCI ON DECEMBER 4, 2020 AND ORDER OF THE TRIBUNAL


  1. The matter before the Local Planning Appeal Tribunal (the “Tribunal”), was a Case Management Conference (“CMC”) on the appeals filed by Fred Wagner (the “Appellant”) to amend the current Zoning By-laws Nos. 19-85 and 023-18 to proposed Zoning By-law Nos. 067-2019 and 068-2019.


  1. The City brought forward a Motion for the Partial Approval of Zoning By-law No. 2019-051.


  1. Tina Malone-Wright, a Planner with the City of Kitchener (the “City”), was qualified and affirmed by the Tribunal to provide an expert opinion of the Motion brought forward. The Tribunal accepts and will rely on Ms. Malone-Wright’s testimony regarding the Tribunal’s decision in the matter.


  1. It will be noted, Robert Howe, sought Limited Party Status for his clients: Activa Holdings Inc., LVH Developments (DC) Inc., Hallman Construction Limited and HIP New Dundee LP in regard only to the Motion brought forward by the City. Additionally, Neil Taylor sought Limited Party Status in regard only to the Motion. The Tribunal granted these individuals Limited Party Status.


  1. It will be noted that Mr. Wagner’s appeal will stand alone as it is Site Specific and will have no impact on the Motion approval.


  1. There were no objections to the Motion by all Parties.


OVERVIEW EXCERPTS OF THE MOTION


  1. Herein, the Tribunal shares various points of the Motion document for clarification and understanding:


The Zoning By-law was enacted by Kitchener City Council on April 29, 2019 and represents the first stage of a new comprehensive zoning by-law for the City of Kitchener to implement the City’s 2014 Official Plan.


Following approval of the City’s Official Plan by the Region, the City commenced the process of preparing a new comprehensive zoning by-law. The City proceeded with the approval of the new comprehensive zoning by-law in stages. Stage 1 will establish the by-law framework, and the text and mapping for non-residential zones. Future stages will establish the text and mapping for residential zones, and for some areas that are, or will be, undergoing specific neighbourhood planning reviews (e.g. secondary plan areas, transit station areas, etc.), and has not yet been completed.



  1. In Stage 1 of the Comprehensive Zoning By-Law, is the Zoning By-Law. Within, are a set of definitions including; “general regulations; parking, loading and stacking provisions; transition provisions; site specific, holding and temporary use provisions, zoning grid schedules and zoning and overlay sections.” Of particular relevance to the motion is s. 13, Natural Heritage Conservation (“NHC 1 Zone”).


  1. An appeal was filed by Mr. Wagner with the City on May 30, 2019. Thereafter, a new notice of appeal was filed with the Tribunal by counsel for Mr. Wagner on October 8, 2019, after having received correspondence from the Tribunal notifying to do so, as a result of amendments to Bill 108 of the Planning Act.


  1. The Appeal relates to Mr. Wagner’s property municipally known as 25 Shirk Place (the “Property”) and to the NHC-1 Zone designation applied to his Property.


  1. Mr. Wagner’s initial appeal dealt, in part, with the City’s decision to the “zoning of the entire 30 acre property and being placed under P3 Zoning.” Mr. Wagner further submitted in his appeal that he was “opposed to having the entire property designated by the GRCA (Grand River Conservation Authority) as a hazard land zone or P3, as a very significant part of this almost thirty acres will never have a potential of being flooded or reach by water in any way, except rain.” Further, Mr. Wagner stated that he “was opposed to having the entire property transitioned into the new proposed zoning of NHC-1”.


  1. Mr. Wagner’s new Appeal submitted to the Tribunal on October 8, 2019, provides details regarding the grounds for the “Appeal as with respect to the new Zoning Bylaw of the City of Kitchener (Zoning By-law 2019-051) as it specifically pertains to the application of the NHC-1 (Natural Heritage Conservation) zoning with respect to my property at 25 Shirk Place, Kitchener”.


  1. It is apparent to the Tribunal that the NHC-1 Zone Category, which is applied to the Property, is the only issue raised by Mr. Wagner in regards to the Zoning By-Law.


  1. Upon further review of the Motion and Mr. Wagner’s direction in the Appeal, the Tribunal agrees that a site-specific notion applies to the Appeal.


  1. Within s. 34(31) of the Planning Act states:


Unappealed portions


(31) Despite subsection (30), before all of the appeals have been finally disposed of, the Tribunal may make an order providing that any part of the by-law not in issue in the appeal shall be deemed to have come into force on the day the by-law was passed.



  1. It is within the jurisdiction of the Tribunal to order that Zoning By-law No. 2019-051 is in effect except where it applies to the Property.

  1. The Tribunal is satisfied after having reviewed and heard the evidence presented and hereby allows the Motion for Partial Approval of Zoning By-Law No. 2019-051.


  1. Further, the Tribunal agrees that due to the site-specific nature of the Appeal, there will be no prejudice to Mr. Wagner of the decision by the Tribunal.


  1. All Parties are seeking an additional CMC date in order to complete and present a Procedural Order and provide a status update.


  1. A one-day CMC will be held on Tuesday, March 2, 2021 by video commencing at 10 a.m.


  1. Parties and Participants and observers 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:

https://global.gotomeeting.com/join/793166309

Access code: 793-166-309


  1. Parties and Participants and observers 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 a web application is available: https://app.gotomeeting.com/home.html


  1. Persons 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 – Canada (Toll Free): 1 (888) 455-1389 or Canada: +1 (647) 497-9391. The access code is 793-166-309.


  1. Individuals 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.


  1. An updated Procedural Order will follow.


  1. No further notice is required.


  1. The Member is not seized.

  2. So Orders the Tribunal.


“C. Tucci”



C. TUCCI

MEMBER


































If there is an attachment referred to in this document,

please visit www.olt.gov.on.ca to view the attachment in PDF format.



Local Planning Appeal Tribunal

A constituent tribunal of Ontario Land Tribunals

Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248






Tags: tribunal tribunal, constituent tribunal, tribunal, local, d’appel, pl190253, appeal, planning