Ontario Land Tribunal
Tribunal ontarien de l'aménagement du territoire
ISSUE DATE: August 01, 2024
CASE NO(S).: OLT-24-000551
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Armitage Homes Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit a development with a maximum of 41 single detached houses, 66 double-stacked townhouses and 120 triple-stacked townhouses. Reference Number: D35-014-2021 Property Address: 4085, 4091, 4097 Bath Road Municipality/UT: Kingston OLT Case No.: OLT-24-000551 OLT Lead Case No.: OLT-24-000551 OLT Case Name: Armitage Homes Limited 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: Armitage Homes Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a development with a maximum of 41 single detached houses, 66 double-stacked townhouses and 120 triple-stacked townhouses. Reference Number: D35-014-2021 Property Address: 4085, 4091, 4097 Bath Road Municipality/UT: Kingston OLT Case No.: OLT-24-000552 OLT Lead Case No.: OLT-24-000551 OLT Case Name: Armitage Homes Limited v. Kingston (City)
Heard: July 25, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Armitage Homes Limited ("Applicant") | Alice Mihailescu |
| City of Kingston ("City") | Jenna Morley |
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON JULY 25, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Applicant seeks to develop a site municipally known as 4085, 4091 and 4097 Bath Road in the City ("Subject Property") to construct a residential condominium development including a maximum of 41 single detached homes, 66 double-stacked town houses, 120 triple-stacked town houses, private roads and private open spaces. To this end, the Applicant had applied to amend the City's Official Plan ("OPA") and for a Zoning By-law amendment ("ZBA"). The Appeals are brought pursuant to sections 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, due to the City's failure to make a decision within the prescribed time.
2On July 25, 2024, the Tribunal held its first Case Management Conference ("CMC") to organize the appeal, address status requests and establish next steps in this proceeding.
NOTICE
3There were no issues raised with service of Notice of the CMC and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Notice of the CMC affirmed on June 20, 2024, which was marked as Exhibit 1 to this CMC.
STATUS REQUEST
4The Tribunal received no requests for Party or Participant status.
OPPORTUNITIES FOR SETTLEMENT
5Counsel for the Parties advised that they are exploring Tribunal assisted mediation and that a mediation assessment is scheduled for August 9, 2024.
6The Tribunal directs the Parties to advise the Tribunal of any settlement as soon as possible and they are encouraged to narrow the issues.
NEXT STEPS
7A draft Procedural Order was not provided by the Applicant to the Tribunal prior to the CMC.
8Given the potential Tribunal assisted mediation, the Tribunal directs that a second CMC be set for 10 a.m. on Monday, October 21, 2024, by Video Hearing. At the second CMC, the Parties are expected to update the Tribunal on the status of the proceeding. If the Appeals are not fully settled, the Parties are to provide the Tribunal with a draft Procedural Order, including an Issues List ahead of the second CMC. The City is directed to provide the Applicant a draft Issues List in a timely manner. Alternatively, if all the issues have been settled, the Parties may seek to convert the second CMC into a Settlement Hearing.
9Individuals 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:
GoToMeeting: https://global.gotomeeting.com/join/638422541
Access code: 638-422-541
10Individuals 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.
11Individuals 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: 638-422-541.
12Individuals 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.
ORDER
13THE TRIBUNAL ORDERS its directions in this Decision.
"Jean-Pierre Blais"
JEAN-PIERRE BLAIS MEMBER
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.