Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 12, 2022
CASE NO(S).: OLT-22-002157 (Formerly) PL210292
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Amber Peak Developments Inc. Subject: Proposed Official Plan Amendment No. OPA 2021-62 Municipality: City of Kingston OLT Case No.: OLT-22-002157 Legacy Case No.: PL210292 OLT Lead Case No.: OLT-22-002157 Legacy Lead Case No.: PL210292 OLT Case Name: Amber Peak Developments Inc. v. Kingston (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Amber Peak Developments Inc. Subject: By-law No. 2021-63 Municipality: City of Kingston OLT Case No.: OLT-22-002158 Legacy Case No.: PL210298 OLT Lead Case No.: OLT-22-002157 Legacy Lead Case No.: PL210292
Heard: March 16, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Amber Peak Developments Inc. | Michael Polowin and Carolina Campos |
| City of Kingston | A. E. Fleming and Sukriti Agarwal |
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON MARCH 16, 2022 AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) in the matter of appeals by Amber Peak Development Inc. (the “Applicant/Appellant”) from the passing of Official Plan Amendment No. 74 (“OPA 74”), and the adoption of seven (7) corresponding Zoning By-law Amendments (“ZBAs”) by the Council of the City of Kingston (the “City”).
2The first CMC was held on October 12, 2021, with only the statutory parties attending. At that time, the Tribunal had not received any written requests from other persons or entities for Party or Participant status.
3The Tribunal recently received Requests for Participant Status forms from Matthew Gventer on behalf of the Kingston Health Coalition, the Sydenham District Association, and the Williamsville Community Association. These requests were not considered at the current CMC due to the absence of representatives.
4In a decision from the first CMC, the presiding Member (differently constituted) ordered that only the following matters will proceed to a hearing on the merits:
- appeals related to number of bedrooms;
- appeals related to the height of accessory buildings, and provisions directly interconnected therein.
5The presiding Member scheduled the current CMC and directed the parties to prepare a Draft Procedural Order with Issues List for consideration at the current CMC.
6The parties indicated to the Tribunal that due to the nature of the matters in dispute, the hearing will involve substantive legal argument, and to a lessor degree, the presentation and examination of expert witnesses.
7In order to obtain the earliest possible resolution of the appeal, the parties have agreed to the hearing on the merits being conducted in via a combination of formats, to include a 2-day video hearing for the presentation and cross-examination of experts witnesses and submission of materials, to be followed by written submissions by counsel on the legal argument. The presiding Member shall provide further direction in regard to the particulars of the written arguments.
8In as much as the issues have already been established by a previous Order of the Tribunal, and 2 days only is required for the video hearing, a Procedural Order is not required.
9A 2-day video hearing is scheduled beginning on Thursday, June 9, 2022 at 10 a.m.
10Parties 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/927921077
Access Code: 927-921-077
11Parties 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.
12Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9391. The Access Code is as indicated above.
13Individuals 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 video hearing 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.
14No further notice will be provided.
15This Member is not seized.
“M.A. Sills”
M.A. sills
VICE-CHAIR
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.