May 12, 2021
From Local Planning Appeal Tribunal (LPAT) Case Coordinator Kimberly Livingstone:
Kimberly Livingstone | Senior Planner Ontario Land Tribunals
655 Bay Street | Suite 1500 |Toronto | ON | M5G 1E5 c. 437.228.0679 | kimberly.livingstone@ontario.ca
The Case Management Conference has been set for June 23, 2021.
PARTY OR PARTICIPANT STATUS REQUEST:
Persons other than the appellant(s), applicant, municipality or approval authority who wish to participate in the proceeding, either as a party or as a participant, are required to file a Party Status Request Form or Participant Status Request/Participant Statement Form with the assigned Tribunal Case Coordinator to outline their interest in the proceeding.
The Party Status Request Form and Participant Status Request/Participant Statement Form are available on the Tribunal’s website (https://olt.gov.on.ca/tribunals/lpat/forms/) and are to be used to assist with the preparation of the request. If you are requesting status, this form must be provided at least 10 days in advance of the CMC to:
- The assigned Tribunal Case Coordinator Kimberly Livingstone at Kimberly.Livingstone@ontario.ca.
- The municipality and/or the approval authority on the same day as it is emailed to the Case Coordinator.
- The Applicant and the Appellant(s) on the same day as it is emailed to the Case Coordinator.
The contact information for the parties is included in Schedule A.
The written status request will be reviewed and considered by the presiding Member at the CMC. It will also assist the Tribunal in organizing the hearing event. Attendance by the requestor, or their representative, at the CMC, is required for all status requests.
Persons who are granted party status may participate fully in the proceeding (see Rule 8).
Persons who are granted participant status may only participate in writing by way of a participant statement. This statement is expected to be provided 10 days in advance of the CMC as part of the status request (see above) and sets out their position in the matter (see Rule 7.7).
Only persons who are granted party or participant status by the Tribunal at the CMC are permitted to participate in any further hearing event that is convened by the Tribunal for this appeal.
SCHEDULE A
LIST:
Please provide materials in paper copy and electronically to the assigned Tribunal Case Coordinator Kimberly Livingstone at Kimberly.Livingstone@ontario.ca.
On the same day that documents are submitted to the Tribunal, electronic copies are to be submitted to:
CITY SOLICITOR
Lesley MacDonald
City of Kitchener
P.O. Box 1118 200 King Street W.
Kitchener, ON N2G 4G7
Lesley.MacDonald@kitchener.ca
SOLICITOR FOR APPLICANT
Jennifer Meader
Turkstra Mazza Associates
15 Bold Street
Hamilton, ON L8P 1T3
jmeader@tmalaw.ca
May 6, 2021
The 22 Weber St W Official Plan and Zone Change amendment application is now included on the new Kitchener Planning Applications page, which shows current applications on the city map. Thank you, Planning Staff, for sharing this information on the city’s official platform.
Senior Planner Juliane vonWesterholt informs us that Planning Staff do not intend to prepare a Staff Report and are unlikely to determine a position on the 22 Weber St W Official Plan and Zone Change amendment application in advance of the Local Planning Appeal Tribunal Case Management Conference, which is anticipated to be held in June 2021.
In its April 14, 2021 newsflash (see below), the Architectural Conservancy Ontario (ACO) North Waterloo branch announced that it is seeking status at the June LPAT Case Management Conference in its opposition to the 22 Weber St W Official Plan and Zone Change amendment application. Among its suggestions of what interested parties can do is requesting that Kitchener Council hold the required public consultations.
Kae Elgie, ACO President, cited concerns that “none of the 17 current Tribunal members have any mentioned heritage experience.”
From the ACO North Waterloo Region Newsflash:
22 Weber Street Development
The owner is proposing to amend the land use designation and zoning to permit the construction of a 15 storey multiple residential building with 126 residential units. The current High Density Commercial Residential designation would permit a maximum Floor Space Ratio (FSR) of 4.0 and the applicant is proposing an FSR of 6.2. The property is within the Civic Centre Neighbourhood Heritage Conservation District where guidelines require compatible built form, but it is also near the higher intensity zoning of the Downtown.
Under very constrained deadlines imposed by the Provincial government, the 120 day limit was passed without action by the City of Kitchener. The owner appealed to the Local Planning Appeal Tribunal (LPAT), which will decide whether procedures were followed and so make a decision on the proposed development. No statutory public meeting was held as required by the Planning Act and the City of Kitchener Official Plan. The Planning Department is no longer contemplating holding the Neighbourhood Information Meeting, which was originally scheduled for late October or early November 2020.
The ACO described some of the heritage issues on our blog. Our branch is seeking intervener status at a June LPAT meeting. The ACO will be commenting on the heritage issues of this proposal, but the broader issue of public decision making is also a concern.
All interested individuals are welcome to apply for status at the LPAT meeting. The standard pre-requisite where individuals and organizations are required to have made a submission to City Council was waived because no public consultation was held. The LPAT will determine which applications for participant or party status will be granted. Kimberly Livingstone is the assigned Case Coordinator for the 22 Weber St W application to LPAT (case number PL210104). The initial LPAT meeting is scheduled to be June 23, 2021. The LPAT website provides more information here.
What can you do? You could help our branch in our LPAT intervention. Alternatively, you could contact Kitchener Councillors and the Mayor asking for the required public consultations to be held. This could happen even before the initial LPAT meeting in June.
If the process of development applications continues to be subjected to LPAT hearings because stringent time limits pass, then local decision making is undermined.
For more information, see the Olde Berlin Town Neighbourhood website here.
Apr. 7, 2021
Kimberly Livingstone, the assigned Case Coordinator for the 22 Weber St W application to the Local Planning Appeal Tribunal (LPAT), case number PL210104, has updated the expected timing of next steps. The Case Management Conference is anticipated to be in June 2021. Delivery of notice of the Case Management Conference is expected by the first week in May 2021.
All interested individuals are welcome to apply for party or participant status in response to the notice of the Case Management Conference. The standard pre-requisite of having made a submission to City Council on an application is waived as no public consultation was held. The LPAT will determine which applications for participant or party status will be granted.
Mar. 21, 2021
Now that the 22 Weber St W zoning and Official Plan amendment is being appealed to the Local Planning Appeal Tribunal, the Planning Department is no longer contemplating holding the Neighbourhood Information Meeting, which was originally planned for late October or early November 2020. While Planning Staff has not yet formulated an opinion on the application, Senior Planner Juliane vonWesterholt was able to provide answers (see below) to some of the questions we submitted on October 13, 2020. Thank you, Juliane.
Questions (Answers indicated with A):
1) When did the current ownership acquire 22 Weber St W?
A: City staff is not aware of when the lands were acquired.
2) Did the ownership of 22 Weber St W submit a request for changes to the zoning via the Secondary Plan review?
A: The applicant participated in the Neighbourhood Planning Review and was advised that it was not appropriate for site-specific Zoning By-law (ZBA) and Official Plan Amendments (OPA) to be dealt with through this process and was advised to submit their own applications for OPA and ZBA
3) Did the ownership appeal
a) the Official Plan (OP)?
A: No
b) the Civic Centre Heritage District Conservation Plan (CCHDCP or HDP)?
A: No
c) Planning Around Rapid Transit Stations (PARTS)?
A: No, this is not an appealable document.
4) Did the ownership discuss the proposed zoning amendment with the adjacent neighbours prior to submitting the Zone Change application?
A: Not that City of Kitchener staff is aware of.
5) If so, how did the neighbours respond?
A: Not applicable.
6) Why is the applicant on the Pre-Submission Consultation different than the applicant on the “Property Owner Letter” and other documents?
A: The name on the pre-submission is a principle of 30 Duke Street Ltd.
7) Does this represent a change in ownership since the Pre-Submission Consultation?
A: Not that the City is aware of.
8) What is the purpose of the Justification Report?
A: To provide planning rationale for the proposed OPA and ZBA applications. This is reviewed by city staff and often staff makes recommendations for changes which are forwarded to the applicant to implement. The PJR document is intended to help inform the Planners why the application should be supported based on good planning principles and relevant provincial, regional and city policies.
9) Is the Planning Department satisfied that the Justification Report fulfills its requirements?
A: At this time it is premature for staff to comment on this matter, as well as the other [questions below], as staff has not yet formulated an opinion and the matter has been appealed to the LPAT.
10) How does the Planning Department define the role of PARTS?
11) Does the Planning Department believe Kitchener’s OP meets the requirements of
a) A Place to Grow?
b) the 2020 PPS?
12) Specifically, how does the Planning Department interpret requirement 1.4.1 of the 2020 PPS? Does the Department believe our OP and zoning presently meet the requirement?
“1.4.1 To provide for an appropriate range and mix of housing options and densities required to meet projected requirements of current and future residents of the regional market area, planning authorities shall: maintain at all times the ability to accommodate residential growth for a minimum of 15 years through residential intensification and redevelopment and, if necessary, lands which are designated and available for residential development; and maintain at all times where new development is to occur, land with servicing capacity sufficient to provide at least a three-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans. Upper-tier and single-tier municipalities may choose to maintain land with servicing capacity sufficient to provide at least a five-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans.”
13) How does the Planning Department see the Heritage District Plan’s expression in the applicant’s proposed zoning?
14) Does the Planning Department believe the site is suitable for a tall building, based on the Tall Building Guidelines?
15) How does the Planning Department regard the compatibility of the proposed zoning with the existing neighbourhood?
16) From what locations does the Planning Department believe the angular plane analyses should originate?
17) Do the wind studies make clear the impact of the proposed build on adjacent and nearby properties?
18) How much increased wind is one neighbour permitted to impose on another?
19) What are the criteria upon which the Planning Department will make its recommendation to Council?
Mar. 7, 2021
The Architectural Conservancy Ontario (ACO) North Waterloo Region branch has shared a statement on the development proposal for 22 Weber St W. You can read it here.
Feb. 22, 2021
Kimberly Livingstone, the assigned Case Coordinator for the Local Planning Appeal Tribunal (LPAT) case number PL210104, has confirmed that the LPAT has received the appeal for the 22 Weber St W Zone Change Amendment and Official Plan Amendment application. Parties interested in participating in the LPAT hearing should make their interest known to Kimberly Livingstone, along with their full contact information, at Kimberly.Livingstone@ontario.ca
Further updates from the LPAT are not expected before late March 2021.
Feb. 20, 2021
Questions regarding the Local Planning Appeal Tribunal (LPAT) case (Case Number PL210104 ) should be directed to LPAT Case Coordinator Kimberly Livingstone, (437) 228-0679 or Kimberly.Livingstone@ontario.ca
Feb. 17, 2021
Senior Planner Juliane vonWesterholt has notified us that the 22 Weber St W Zone Change Amendment and Official Plan Amendment application has been appealed to the Local Planning Appeal Tribunal (LPAT) for a decision. No details have been shared. (It is not uncommon for parties to refrain from commenting while matters are before a court.)
If the LPAT accepts the case, the decision will be removed from the City of Kitchener’s jurisdiction.
No public meeting was convened by the City of Kitchener for community input.
The case is posted with the LPAT as Case Number PL210104. A Case Coordinator (the person to whom questions should be directed) has yet to be identified.
Further details to be shared when available.
Applicants (ownerships) can turn to the LPAT when a municipality does not render a decision within provincial timelines. In 2019, the Province reduced the maximum number of days permitted to consider this sort of case from 210 to 120 under Bill 108. During the first wave of the pandemic, the Province suspended the timeline requirements. When the suspension expired, no further extension was issued.
Jan. 3, 2021
The online version of the petition created by a group of neighbours opposed to the proposed zone change is now available.
Printable version
Online version
Oct. 30, 2020
A set of questions submitted to Senior Planner Juliane vonWesterholt on October 13, 2020 for preparation of the Neighbourhood Information Meeting can be seen here.
A group of neighbours is opposed to the proposed zone change. You can see their argument and petition at:
Printable version
Online version
Oct. 10, 2020
A comparison of existing and proposed zonings for 22 Weber St. W. is available here.
Oct. 7, 2020
From Senior Planner Juliane vonWesterholt:
1. A virtual Neighbourhood Information Meeting is anticipated for the end of October or early November 2020 to discuss the 22 Weber St W zone change application. The community is invited to submit questions to juliane.vonwesterholt@kitchener.ca Concerns can be submitted to Juliane after the Neighbourhood Information Meeting.
2. A Staff Report containing a recommendation for Council is likely to be completed within two weeks of the Neighbourhood Information Meeting.
3. The application will need review at:
a) Heritage Kitchener
b) Planning and Strategic Initiatives Committee, and
c) Council.
No dates have yet been set for any of the above meetings.
Sept. 16, 2020
The deadline for comments, originally Sept. 7, 2020, has been extended.
Sept. 10, 2020
Further details on the Zone Change Application for 22 Weber St W, including Heritage Impact Assessment, site plans, perspective drawings, and more available at https://kitchener.sharefile.com/d-sdf8964c30ef2412798bbb4307a21464d
The “Property Owner Letter” and other information is available at https://oldeberlintown.ca/22-weber-st-w-proposed-15-storey-…
We hear the Planning Department will hold a virtual Neighbourhood Information Meeting on this application, if there is sufficient interest. If you want more information or your concerns heard, write Juliane von Westerholt at juliane.vonwesterholt@kitchener.ca
Thanks to Senior Planner Juliane von Westerholt for making the information available.
15 storey building with Floor Space Ratio (FSR) of 6.2 proposed for 22 Weber St W
As the proposal exceeds the maximum permitted FSR of 4.0, the owner has applied for a Zoning Bylaw Amendment and Official Plan Amendment. Click on the image below to see all four pages of the “Property Owner Letter“. The letter is to be delivered to neighbours within 120m. Comments are due by September 7, 2020 to the Planning Department. (Update: We hear the deadline for comments may be extended and that the Planning Department will hold a virtual Neighbourhood Information Meeting on this application, if there is sufficient interest.)
