Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 20, 2023
CASE NO(S).: OLT-22-004553
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Podium Development Management Corp.
Owner: Keilty International
Subject: Application to amend the Zoning By-law – neglect to make a decision
Description: Proposing to redevelop the subject lands with a mixed-use residential and commercial building ranging in height from three to 16-storeys
Reference Number: D14-012-2021
Property Address: 275 and 283 Queen Street and 364 Barrie Street
Municipality/UT: Kingston/Kingston
OLT Case No: OLT-22-004553
OLT Lead Case No: OLT-22-004553
OLT Case Name: Podium Development Management Corp v. Kingston (City)
Heard: February 22, 2023 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
Podium Development Management Corp.
J. Savini N. Chooback
City of Kingston
T. Fleming
Friends of Queen Street Kingston Inc.
D. Donnelly M. Le Bouedec (articling student)
MEMORANDUM OF ORAL DECISION DELIVERED BY S. MANN AND ASTRID J. CLOS ON FEBRUARY 22, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) with respect to an appeal brought pursuant to section 34(11) of the Planning Act (“Act”) by Podium Development Management Corp. (“Applicant/ Appellant”) for a property municipally addressed as 275-283 Queen Street and 364 Barrie Street located in the City of Kingston due to the failure of council to make a decision within the legislated timeframe.
2The subject property has a frontage of approximately 41 meters (“m”) on Queen Street, 36 m of frontage on Barrie Street, 20 m of frontage on Colborne Street and a total area of 1,956 square meters (“m2”). The property contains an existing 4 storey office building including a parking lot with vehicular access provided from both Barrie Street and Colborne Street.
3On October 22, 2021, Zone Change application D14-012-2021 submitted by the Applicant was deemed to be complete by the City of Kingston (“City”). On April 21, 2022, a public meeting was held by the City.
4The purpose of this zone change application is to permit the development of a mixed-use residential and commercial building with a maximum height of 16 storeys including 227 residential units, 266 m2 of commercial floor area and with 39 on-site parking spaces provided.
5The sworn Affidavit of Service of Notice dated January 19, 2023, was marked as Exhibit 1.
PARTY STATUS REQUEST
6In response to the Notice, the Tribunal received a written request for Party Status from legal counsel representing the Friends of Queen Street Kingston Inc. (“FQSK”).
7The Tribunal reviewed the written material submitted regarding this request for Party Status and has considered the verbal submissions provided. On this basis, the Tribunal is satisfied that the request has established a direct interest in this matter, that the members of FQSK have been involved in the municipal planning process by providing written submissions and verbal presentations to council, attending the public meeting held on April 21, 2022, and raise genuine land use planning issues. On consent of the other parties, the Tribunal granted the requested Party Status to Friends of Queen Street Kingston Inc.
8No additional requests for Party Status were received by the Tribunal at that time.
PARTICIPANT STATUS REQUESTS
9In response to the Notice, the Tribunal received written requests for Participant Status from:
Melanie Dugan
Jamie Swift
Amy Kaufman
Anne Di Tomaso
Anne Lougheed
Annette Burfoot
Bruce Hill
Ceredwyn Hill
Christina Avery
Daryn Lehoux
David McDonald
Don and Hee-sook Kerstens
Eleanor MacDonald
Elias Westlake
Elizabeth Vanderpump
Gisele Pharand
Heather Brechin
Huw Lloyd-Ellis
Jenny Taylor
Jill Bryant
Johanne Myles
John F. Black
Jonathan Rose
Kathleen O'Hara
Laurel Aziz
Leslie Rose
Linda Williams
Margaret Little
Margaret Moore
Mark Stoller
Mary Huggard
Mary Louise Adams
Matthew Gventer
Michael Anthony Cole-Hamilton
Nicholas Laan
Ramsey Robinson
Rebecca Spaulding
Sharon Way Brackenbury
Simon Baron
Skot Caldwell
Steven Maynard
Susanne Cliff-Jüngling
Tammy Caldwell
Tom Stewart
Val Hamilton
William C. James and Carolyn J. Kirkup
Ed Horba
Garry Castle
Frontenac Heritage Foundation (Penny Sharman)
10The Tribunal reviewed the written requests for Participant Status submitted, is satisfied that a direct interest has been demonstrated related to this matter which raise genuine planning issues, and on consent of the other Parties granted Participant Status to those listed in paragraph 9 above.
11No additional requests for Participant Status were received by the Tribunal at that time.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
12The Tribunal canvassed the parties regarding the scheduling of a second CMC where the finalized draft Procedural Order (“PO”), including the draft Issues List, could be considered by the Tribunal. The second CMC was scheduled for May 12, 2023, for 1 day. The Tribunal directed parties to provide a draft copy of the PO on or before April 28, 2023. Counsel for the Applicant will co-ordinate and provide these items to the Tribunal by the appointed date. If there are difficulties achieving this, Counsel for the Applicant shall advise the Case Coordinator as soon as this is reasonably known.
13The Parties advised that they are open to the possibility of working toward a settlement. The Parties are aware of the availability of Tribunal-led mediation. Parties have been advised that they may request this mediation at their convenience.
14The second CMC is scheduled to commence by video on May 12, 2023 at 10 a.m.
15Parties 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://global.gotomeeting.com/join/719383509
Access code: 719-383-509
16Parties 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
17Persons 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) 497-9373. The access code is 719-383-509.
18Individuals 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 Hanh Dang, at 1-437-994-0521, the Tribunal’s Case Coordinator with carriage of this case.
ORDER
19The Tribunal Orders that:
a. The Friends of Queen Street Kingston Inc. is granted Party Status,
b. Participant Status is granted to:
Melanie Dugan
Jamie Swift
Amy Kaufman
Anne Di Tomaso
Anne Lougheed
Annette Burfoot
Bruce Hill
Ceredwyn Hill
Christina Avery
Daryn Lehoux
David McDonald
Don and Hee-sook Kerstens
Eleanor MacDonald
Elias Westlake
Elizabeth Vanderpump
Gisele Pharand
Heather Brechin
Huw Lloyd-Ellis
Jenny Taylor
Jill Bryant
Johanne Myles
John F. Black
Jonathan Rose
Kathleen O'Hara
Laurel Aziz
Leslie Rose
Linda Williams
Margaret Little
Margaret Moore
Mark Stoller
Mary Huggard
Mary Louise Adams
Matthew Gventer
Michael Anthony Cole-Hamilton
Nicholas Laan
Ramsey Robinson
Rebecca Spaulding
Sharon Way Brackenbury
Simon Baron
Skot Caldwell
Steven Maynard
Susanne Cliff-Jüngling
Tammy Caldwell
Tom Stewart
Val Hamilton
William C. James and Carolyn J. Kirkup
Ed Horba
Garry Castle
Frontenac Heritage Foundation (Penny Sharman)
c. The date and particulars of the hearing are set out above.
20The Members are not seized of this matter but may be spoken to in relation to case management, subject to scheduling availability.
21No further notice will be provided.
“S. Mann”
S. MANN
MEMBER
“Astrid J. Clos”
ASTRID J. CLOS
MEMBER
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.