Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 07, 2022
CASE NO(S).: OLT 21-001690
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Coco Properties Corporation Subject: Failure of City of Kingston to make a decision Existing Designation: Rural Area and Environmental Protection Proposed Designated: Mineral Resource Area Purpose: To permit new quarry operations at 2489-2505 Unity Rd. and modify the existing quarry operations located at 2357 Unity Rd. Property Address/Description: 2357-2363 & 2489-2505 Unity Road Municipality: City of Kingston Approval Authority File No.: D09-025-2014 OLT Lead Case No.: OLT-21-001690 OLT Case No.: OLT-21-001690 LPAT Legacy Case No. PL180383 OLT Case Name: Coco Properties Corporation v. Kingston (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Coco Properties Corporation Subject: Failure of City of Kingston to make a decision Existing Zoning: General Rural (A2) zone; Special Extractive Industrial 'M5-1' Proposed Zoning: Site-specific – to be determined; Special Extractive Industrial 'M5' zone and a Special Open space 'OS' Purpose: To permit new quarry operations at 2489-2505 Unity Rd. and modify the existing quarry operations located at 2357 Unity Rd. Property Address/Description: 2357-2363 & 2489-2505 Unity Road Municipality: City of Kingston Municipality File No.: D14-104-2014 OLT Lead Case No.: OLT-21-001690 OLT Case No.: OLT-21-001690 LPAT Legacy Case No. PL180383; PL180384 OLT Case Name: Coco Properties Corporation v. Kingston (City)
PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.8, as amended
Referred by: Kendall Haddow Objector: Jim and Helga Elliot Objector: Jack and Barb Brown Objector: Jack C. Walker Objector: Angela Allison Objector: Dave Munroe Objector: Mike and Kristine Lattimore Objector: Ronald and Sandra Murphy Objector: Michael and Lisa Drewniak Objector: Mary Rahmel Objector: John and Suzanne Schell Applicant: Coco Properties Corporation Subject: Application for aggregate extraction Class A License for existing quarry Property Address/Description: Lots 12 and 13, Concession 5, Kingston, ON Municipality: City of Kingston OLT Lead Case No.: 21-001690 OLT Case No.: 21-001519 OLT Case name: Lattimore et al v. Ontario (MNRF)
Heard: February 14, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Coco Properties Corporation | K. Mullin |
| City of Kingston | J. Morley |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON FEBRUARY 14, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) for the appeals by Coco Properties Corporation (“Applicant”) for the City of Kingston (“City”) failure to make a decision on a proposed amendment to the Official Plan (“OPA”) under s. 22(7) and the City’s failure to make a decision on an application to amend a Zoning By-law (“ZBA”) under s. 34(11) within the statutory time frame prescribed in the Planning Act (“Act”), and s. 11(5) of the Aggregate Resources Act for an application for aggregate extraction Class ‘A’ license for an existing quarry for the property municipally known as 2357 Unity Road (“Subject Site”).
2An existing quarry is located on the Subject Site that currently has a Class ‘A’ license. The purpose of the applications of an OPA, ZBA, and Class ‘A’ license is to further extend the quarry operation.
3The Affidavit of Service made by Daniela La Gamba, that Notice of the CMC had been properly served regarding all three matters before the Tribunal was marked as Exhibit 1.
AGGREGATE RESOURCES ACT OBJECTORS
4Section 11(5) of the Act allows that the Minister may refer any objections from the consultation procedures or application notification to the Tribunal. The Ministry has referred the following Objectors as Parties to these proceedings:
- Jim and Helga Elliot
- Jack and Barb Brown
- Jack Walker
- Angela Allison
- Dave Munroe
- Mike and Kristine Lattimore
- Ronald and Sandra Murphy
- Michael and Lisa Drewniak
- Mary Rahmel
- John and Suzanne Schell
PARTICIPANTS TO THE APPEALS UNDER THE PLANNING ACT
5Under section 17 of the Ontario Land Tribunal Act and Rule 7.7 of OLTs Rules of Practice and Procedures, individuals that wish to make submissions to the Tribunal regarding the proposed OPA and ZBA may do so in written form.
6With the support of all Parties and having reviewed the requests for status, the Tribunal has granted Participant Status to the following individuals:
- Jim and Helga Elliot
- Jack and Barb Brown
- Jack Walker
- Angela Allison
- Dave Munroe
- Mike and Kristine Lattimore
- Ronald and Sandra Murphy
- Michael and Lisa Drewniak
- Mary Rahmel
- Mark Taylor
- Ken Dantzer
CMC UPDATE
7The Parties informed the Tribunal that they would be seeking a further CMC date. The City indicated that on Tuesday, March 22, 2022 a report regarding this matter would be going to the City Council to seek direction on these matters.
8The Parties requested that the matters before the Tribunal be consolidated into to hear the matter together in order to provide an efficient hearing process. The Tribunal was satisfied that the hearing the planning and aggregate matters together was appropriate. It is the expectation of the Tribunal that the Parties provide a consolidated draft Procedural Order for consideration at the next CMC.
9The next CMC will commence on Wednesday, June 8, 2022, by virtual hearing at 10 a.m.
[10]
11Parties and participants 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://meet.goto.com/656004293
Access code: 656-004-293
12Parties and participants 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
13Persons 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: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 656-004-293.
14Individuals 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. No further notice is required.
15The Member is not seized.
16So Orders the Tribunal
“Steven Cooke”
STEVEN COOKE
VICE-CHAIR
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.