As described within the OLT determination, the 8.6-hectare website consists of a western half, which is well-forested, whereas the jap half is flippantly vegetated, consisting of timber, open fields, and manicured lawns. The west fringe of the positioning abuts Collins Creek. About 72 metres fronts on Tub Street, west of the Bayview Farm property at 4085 Tub Street, and 24 metres on the east facet. The jap finish of the property is demarcated by Station Road, with a small portion at present owned and occupied by Bell (645 Station Road). Immediately throughout the street is Collins Bay Public College. Picture through Google maps.
The Ontario Land Tribunal (OLT) has granted an attraction to amend the Metropolis of Kingston Zoning By-law No. 2022-62, thereby permitting new housing improvement on Tub Street, abutting Collins Creek.
In June 2024, Armitage Properties Ltd. filed the attraction on behalf of Arcadis and property homeowners Frances H. Day, Clark Day, and Robert R. Kennedy as a part of an ongoing quest to develop the wooded piece of farmland located at 4085, 4091, and 4097 Tub Street in Collins Bay. On the coronary heart of the attraction was a “settlement proposal” with changes to the earlier proposals made to the Metropolis. OLT member Tee Fung Ng presided over a video listening to to contemplate the settlement proposal on November 22, 2024. Representatives for Armitage and The Metropolis of Kingston attended the listening to. Based mostly on his findings, Ng gave an oral determination in favour of the appellant, Armitage. The Memorandum Of Oral Resolution is dated December 4, 2024.
The choice describes many of the 8.6-hectare website as “undeveloped,” aside from a portion of an present barn close to the centre of the positioning. The western half of the positioning is effectively forested, whereas the jap half is flippantly vegetated, consisting of timber, open fields, and manicured lawns. The west fringe of the positioning abuts Collins Creek.
About 72 metres fronts on Tub Street, west of the Bayview Farm property at 4085 Tub Street, and 24 metres on the east facet. The jap finish of the property is demarcated by Station Road, with a small portion at present owned and occupied by Bell (645 Station Road). Immediately throughout the street is Collins Bay Public College.
Of be aware, the doc factors out that the adjoining property generally known as Bayview Farm at 4085 Tub Street is listed inside the Municipal Heritage Register. Additional, the adjoining property at 4097 Tub Street is designated below Half IV of the Ontario Heritage Act. Moreover, an archaeological evaluation accomplished for the topic lands recognized a discovering of archaeological significance on-site. This discover is named the McGuin Millrace, and it represents one of many earliest industrial makes use of inside Kingston Township in addition to panorama alteration by early Euro-Canadian settlers. The positioning was registered with the Ministry of Tourism, Tradition and Sport because the McGuin Millrace Website (BbGd-71).
Based on the attraction determination, Mark Touw, a Registered Skilled Planner, swore an affidavit on November 21, 2024, on behalf of the appellant, in help of the event venture. Ng accepted his evaluation of the settlement proposal.
Website plan for the Collins Bay improvement, indicating pure heritage land issues. Graphic through Metropolis of Kingston paperwork (April 2024).
The revised proposal
Based on the choice, the preliminary improvement proposed in January 2022 included 33 single indifferent dwellings and 138 stacked townhouse dwellings with a extra expansive improvement footprint that lowered setbacks to Collins Creek. It additionally required the removing of considerably extra timber and the disturbance of areas close to a portion of valley lands to accommodate a stormwater pond on the west facet of the positioning.
At the moment (January 2022), roughly 22 housing models per hectare have been proposed, which might be thought of “low density” below the Metropolis’s Official Plan (OP). Nevertheless, all through three revised submissions main as much as April 2024, the utmost potential density elevated to roughly 36 models per hectare.
On April 4, 2024, Metropolis Employees introduced a 244-page report back to the Metropolis of Kingston Planning Committee. The Committee additionally heard from a number of involved residents. Finally, the choice was made to hunt Council approval of the proposal.
On April 10, 2024, No Clearcuts Kingston, a Kingston-based environmental advocacy group, expressed concern in a letter to the editor.
“Given the ecological significance of this woodland and the Collins Bay watershed, it is critical to have an objective financially independent third-party assessment before a final City Council decision is made,” the group argued. “The loss of this woodland would be in direct conflict with many Official Plan planning policies, such as the 30 per cent minimum forest cover, and doubling our urban forest cover by 2025, commitments (section 2.8.2).”
The group famous that Councillor Lisa Osanic would introduce a movement on the upcoming Kingston Metropolis Council assembly, deferring this vote “until all proper studies are complete and made public.”
On April 16, 2024, on the common assembly of Council, Metropolis workers really helpful the submission, which included 41 single indifferent homes, 66 double-stacked townhouses and 120 triple-stacked townhouses in addition to personal roads, floor parking areas, personal open house, and a protected naturalized buffer adjoining to Collins Creek. In step with further dwelling unit permissions enabled by the province by means of Invoice 23 (and for which the Metropolis provides monetary help to assemble), the 41 single-detached houses have been proposed to comprise as much as three dwelling models, for a most whole of 309 dwelling models within the proposed improvement.
As anticipated, at that assembly, Councillor Osanic did transfer to stall the venture, demanding that the functions for Official Plan and Zoning By-Legislation amendments be deferred till a brand new scoped environmental impression research might be carried out by an unbiased third social gathering planning ecologist and dropped at Council. A recorded vote handed 9 to 4 in favour of Osanic’s movement, with Mayor Bryan Paterson and Councillors Ryan Boehme, Jimmy Hassan, and Gary Oosterhof opposing.
Based on the OLT determination, the settlement proposal resulted in a average lower within the potential most density, primarily because of a major enhance within the setback of the event from Collins Creek and “the reduced development envelope.”
Extra particularly, the setback to Collins Creek elevated from roughly 50 metres to 130 metres, which preserved “significant additional second-growth forest areas” and a “buffer to preserve the significant feature, mature trees and natural vegetation.”
To partially compensate for this discount, the revised proposal integrated a shift in housing varieties, with extra multi-unit townhouse varieties and the removing of all single indifferent dwellings, based on the choice. The corporate now recommends as much as 290 models, together with 35 conventional townhouses (plus an allowance for second models, totalling as much as 70 models), 24 double-stacked townhouses, 100 double-stacked/back-to-back townhouses, and 96 triple-stacked townhouses. This equates to a most density of roughly 34 models per hectare.
The choice notes that the implementing planning devices, the Official Planning Modification and Zoning Bylaw Modification, have been modified to implement the revisions expressed above within the settlement plan. The draft Zoning Bylaw was additional modified from the preliminary submission to deal with the modifications effected.
The OLT, in its determination, said that it “agrees with the uncontested opinion evidence of Touw that the Settlement has a proper regard for the matters of provincial interest as set out in [section two] of the Planning Act”. Specifically, “the orderly development of communities, the appropriate location of growth and development, the promotion of development that supports public transit and is oriented to pedestrians, and the promotion of built-form that is well-designed, encourages a sense of place and provides for public spaces that are high quality, accessible, attractive, and vibrant.”
The choice factors out that the event makes use of present public infrastructure and services with enough capability to help it, helps transit and energetic transportation, minimizes stormwater runoff volumes, and doesn’t negatively impression pure heritage sources. Cultural heritage sources will probably be conserved by means of long-term avoidance, safety, and documentation, it notes.
Conclusions
The Metropolis’s Official Plan permits progress inside the city settlement boundary of the Metropolis, together with progress that helps intensification and contributes towards an acceptable vary and mixture of housing varieties. Based on the OLT determination, full municipal providers can be found or could be made accessible on the positioning, and the applicant will bear the price of any upgrades.
The choice additionally signifies that, based on part two of the OP relating to “Sustainable Development,” the land is under-utilized, and the proposed improvement will make environment friendly use of providers: “The Subject Lands are in close proximity to a Kingston Transit stop, commercial and community use, and open spaces, which promote active transportation and transit… The provision of a range of stacked and back-to-back townhouses will diversify the mix of housing available in the market, increase density, and increase the number of additional units that will help the city achieve its growth targets.”
The choice states that main open house lands will probably be maintained of their pure state, important stands of mature timber will probably be maintained, new timber planted, stormwater could be managed on-site, and environmental injury to surrounding options will not be anticipated. The Canadian Nationwide (CN) rail right-of-way will probably be revered. Cultural heritage attributes will probably be maintained.
Tee Fung Ng’s determination concludes that the Tribunal is glad that “the Settlement represents good planning.”
Kingstonist intends to offer follow-up protection of native reactions to the OLT determination. Any native residents or neighborhood teams considering sharing their opinions can e-mail Editor-in-Chief Tori Stafford at [email protected].
