Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 10, 2023
CASE NO(S).: OLT-22-004597 OLT-22-004598
PROCEEDING COMMENCED UNDER section 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 2606609 Ontario Inc.
Subject: Application to amend the Official Plan – Refusal or neglect to make a decision
Description: To permit expansion of existing Residential designation on the OP application to support the implementation of the OPA by allowing the proposed type and density of uses on the subject site
Reference Number: D35-009-2017
Property Address: 2 River Street and 50 Orchard Street
Municipality: City of Kingston
OLT Case No: OLT-22-004597
OLT Lead Case No: OLT-22-004597
OLT Case Name: 2606609 Ontario Inc. v. Kingston (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the subdivision of the subject lands and to develop 4 separate four to eight storey buildings totaling 1,600 units
Reference Number: D35-009-2017
Property Address: 2 River Street and 50 Orchard Street
Municipality: City of Kingston
OLT Case No: OLT-22-004598
OLT Lead Case No: OLT-22-004597
Heard: February 21, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
2606609 Ontario Inc. (Appellant)
Roberto Aburto Jessica Chen
City of Kingston (City)
Tony Fleming
No Clearcuts Kingston Inc. (NCK)
Richard Lindgren
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG AND JENNIFER GOLD ON FEBRUARY 21, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. 2606609 Ontario Inc. (“Appellant”) has filed appeals against the City of Kingston (“City”) council’s refusal of its Official Plan Amendment (“OPA”) application and its Zoning By-law Amendment (“ZBA”) application under s.17(36) and s.34(11) of the Planning Act respectively. The property is municipally known as 2 River Street (“Subject Site”).
2The OPA application was to expand the existing “Residential” designation, reduce the extent of the “Environmental Protection” designation to align with the proposed adjusted boundary of the Provincially Significant Wetland and expand the “Open Space” designation to recognize the 30 plus metres Ribbon of Life open space parkland.
3The ZBA application was to allow the proposed type and density of uses after the implementation of the OPA with a few areas of the subject site being rezoned to site specific provisions.
4The Affidavit of Service sworn January 25, 2023, on file was marked as Exhibit 1.
Participant/Party Status Request
5The Tribunal received one party status request from No Clearcuts Kingston Inc. (“NCK”) and one hundred and two (102) participant status requests from various individuals.
6Roberto Aburto, counsel for the Appellant objected to NCK being granted party status.
7He noted that for Participant requests, he has received a list from the case coordinator and his office has received further participant requests over the weekend for which he provided to the case coordinator.
8The Tribunal dealt with the Participant requests first. Mr. Aburto explained that there were several participant requests that he took issue with especially in the form, language or focus on a particular person in the statements.
9The