OMB Decision on Frontenac Street Development Proposal, 2010-02-17

[keoadmin]

City of Kingston

For Immediate Release
Feb. 17, 2010, 10:35 a.m.

Ontario Municipal Board Dismisses Developer's Appeal

The Ontario Municipal Board (OMB) has upheld the decision of the City to reject zoning changes that would have a negative impact on community planning principles.

Patry Enterprises Inc. appealed to the OMB following Kingston City Council's refusal to make rezoning changes that would permit the development of a 55-unit student apartment building and three detached rental buildings on Frontenac Street, just north of Princess Street.

The Board's decision - available online in the E-decision section at < http://www.omb.gov.on.ca> - noted the OMB found "that the proposed zoning by-law amendment does not conform to the Official Plan and the proposed site specific zone regulations are not reasonable, not appropriate, and do not represent the principles of good community planning."

"The City was confident that its decision was consistent with the Official Plan and upheld the principles of good land use planning," said Tony Fleming, the City's legal representative in this matter. "In the dismissal of the appeal, the Board found that the proposed development would create privacy concerns for neighbours related to the reduced setbacks and roof top patios proposed. In addition, the Board found that the reduced amenity and play space area and reduced parking being proposed did not serve the public interest and would negatively affect the functioning of the development."

The proposed mid-town apartment complex would have combined seven properties on Frontenac Street, creating a four-and-a-half-storey 55 unit-apartment building and three single detached dwellings with a total of 169 bedrooms.

The City's planning department maintained that the proposal did not comply with the Official Plan's designation of the lands. While high-density residential development was permitted, the proposal represented an intensity of use for the predominantly single family neighbourhood that was not appropriate. Patry submitted applications for an Official Plan amendment that would allow high-density residential on the property. City council approved that application, but denied the site-specific re-zoning, as it would have permitted development on a scale that was not compatible with the neighbourhood.

Local residents were also allowed to make presentations to the Board, which held its hearing from September 15 to 25, 2009, in Kingston.

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Media contact information:
Cindie Ashton, Communications Officer, 613-546-4291, extension 3116 (cell 329-3462). Or call the City of Kingston's media hotline at 613-546-4291, ext 2300.

[Lydia]

Could someone PLEASE tell the public WHY ON EARTH we have an Official Plan for this city that isn't BINDING??? Why does the Official Plan state something only for developers to ignore those plans and this COUNCIL doesn't stop that development???

[Florence]

intensity is one thing, but this building was not good architecture as well.