Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 7, 2021

CASE NO(S).: PL200575

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

Applicant: IN8 Developments Inc.

Appellants: Building Kingston’s Future Inc., Frontenac Heritage Foundation

Subject: By-law No. 2020-150

Municipality: City of Kingston

OLT Case No.: PL200575

OLT File No.: PL200575

OLT Case Name: Building Kingston’s Future Inc v. Kingston (City)

BEFORE:

M.A. SILLS VICE-CHAIR

Monday, the 7th day of June, 2021

THIS MATTER having come on for a settlement hearing on May 31, 2021, that was held on consent of the Parties to resolve the appeals by Building Kingston’s Future Inc. and the Frontenac Heritage Foundation (jointly referred to as the “Appellants”) to the City of Kingston By-law 2020-150, being a by-law to amend the Downtown and Harbour Zoning By-law 96-259 as it applies to the property municipally known as 223 Princess Street, Kingston, Ontario (“223 Princess”) which was sought by the applicant and owner of 223 Princess, IN8 (the Capitol) (“Applicant”), in order to permit the construction of a mixed-use commercial/residential building;

AND WHEREAS prior to the settlement hearing the Appellants and Applicant have agreed to resolve the appeals based upon a revised Zoning By-law;

AND WHEREAS on April 6, 2021, Council for the City of Kingston passed a resolution authorizing the City to enter into Minutes of Settlement (“MOS”) with the Appellants and the Applicant whereby the City would not oppose an order of the Tribunal approving the Zoning By-law Amendment;

AND THE TRIBUNAL having reviewed the MOS reached between the Parties filed as and having heard the qualified and uncontroverted evidence of Michael Keene, the Applicants land use planning consultant, in support of the settlement based upon his affidavit filed as Exhibit No. 2;

THE TRIBUNAL ORDERS that the appeals against By-law 2020-150 of the City of Kingston are allowed in part, and By-law 2020-150 is amended as set out in Attachment 1 to this order. In all other respects, the Tribunal orders that the appeals are dismissed.

“Becky Fong”

BECKY FONG REGISTRAR

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.