King Street apartment developer wins land tribunal hearing

An Ontario Land Tribunal hearing decision on an application for a three-storey apartment on King Street is allowing it to move forward.

In the summary of the hearing, land tribunal Kenneth R. Andrews said the proposal “constitutes good planning.”

It also satisfies “applicable legislative tests,” including provincial and municipal planning policies, he said, “which promote providing an adequate supply, mix and range of housing options in the town, together with a finding that the proposal is sufficiently compatible with the surrounding neighbourhood context.”

Last October, developer Josh Bice filed an appeal to the tribunal when council did not make decisions on his application within the time period outlined in the Planning Act, which is 120 days for Official Plan and zoning bylaw amendments. 

His application included a request to increase density on the King Street property to allow a 17-unit apartment building. 

In January NOTL town council determined the position it would take at the hearing, which meant turning down the recommendations of staff to allow it, and instead arguing that the property should remain under its current designation for low-density housing, to be compatible with the surrounding neighbourhood, a condition of the town's Official Plan.

Neighbours of the controversial proposal had asked the town to uphold its Official Plan and zoning bylaw, also opposing the increased density. They said the apartment was not compatible with the neighbourhood, and that a small number of townhouses or single-family homes would be appropriate.

Other issues discussed as neighbourhood concerns at that time included road access, a children’s playground being excluded from the site, and fencing around the vacant, 3,248-square metre property.

In its evidence at the hearing, the town stated that under NOTL’s Official Plan, the proposal needs to be compatible with the existing residential neighbourhood, and  cannot be allowed to move forward in order to satisfy provincial growth and intensification goals.

The tribunal found that statement “legally incorrect,” and said “all decisions of the tribunal are required to conform with the provincial growth plan.”

The decision addressed the need to balance the requirement to meet provincial legislation regarding growth with the town’s assertion the development is not appropriate for the King Street neighbourhood of single family homes.

There is "no earnest debate about whether the proposed development will serve to provide a greater supply, mix and range of housing options,” the decision stated, and went on to say the tribunal accepts that the proposed development “is adequately compatible with the surrounding neighbourhood.”

The decision allows the town’s holding provision on the development to remain in place to allow time to address stormwater management issues.

The OLT decision is final.