Appeal decision opens path to new Collins Bay subdivision

The Ontario Land Tribunal (OLT) has granted an appeal to amend the City of Kingston Zoning By-law No. 2022-62, thereby allowing new housing development on Bath Road, abutting Collins Creek.

In June 2024, Armitage Homes Ltd. filed the appeal on behalf of Arcadis and property owners Frances H. Day, Clark Day, and Robert R. Kennedy as part of an ongoing quest to develop the wooded piece of farmland situated at 4085, 4091, and 4097 Bath Road in Collins Bay. At the heart of the appeal was a “settlement proposal” with adjustments to the previous proposals made to the City. OLT member Tee Fung Ng presided over a video hearing to consider the settlement proposal on November 22, 2024. Representatives for Armitage and The City of Kingston attended the hearing. Based on his findings, Ng gave an oral decision in favour of the appellant, Armitage. The Memorandum Of Oral Decision is dated December 4, 2024.

The decision describes most of the 8.6-hectare site as "undeveloped," except for a portion of an existing barn near the centre of the site. The western half of the site is well forested, while the eastern half is lightly vegetated, consisting of trees, open fields, and manicured lawns. The west edge of the site abuts Collins Creek.

About 72 metres fronts on Bath Road, west of the Bayview Farm property at 4085 Bath Road, and 24 metres on the east side. The eastern end of the property is demarcated by Station Street, with a small portion currently owned and occupied by Bell (645 Station Street). Directly across the road is Collins Bay Public School.

Of note, the document points out that the adjoining property known as Bayview Farm at 4085 Bath Road is listed within the Municipal Heritage Register. Further, the adjacent property at 4097 Bath Road is designated under Part IV of the Ontario Heritage Act. Additionally, an archaeological assessment completed for the subject lands identified a finding of archaeological significance on-site. This find is known as the McGuin Millrace, and it represents one of the earliest industrial uses within Kingston Township as well as landscape alteration by early Euro-Canadian settlers. The site was registered with the Ministry of Tourism, Culture and Sport as the McGuin Millrace Site (BbGd-71).

According to the appeal decision, Mark Touw, a Registered Professional Planner, swore an affidavit on November 21, 2024, on behalf of the appellant, in support of the development project. Ng accepted his assessment of the settlement proposal.

The revised proposal

According to the decision, the initial development proposed in January 2022 included 33 single detached dwellings and 138 stacked townhouse dwellings with a more expansive development footprint that reduced setbacks to Collins Creek. It also required the removal of substantially more trees and the disturbance of areas near a portion of valley lands to accommodate a stormwater pond on the west side of the site. 

At that time (January 2022), approximately 22 housing units per hectare were proposed, which would be considered “low density” under the City’s Official Plan (OP). However, throughout three revised submissions leading up to April 2024, the maximum potential density increased to approximately 36 units per hectare. 

On April 4, 2024, City Staff presented a 244-page report to the City of Kingston Planning Committee. The Committee also heard from several concerned citizens. Ultimately, the decision was made to seek Council approval of the proposal.

On April 10, 2024, No Clearcuts Kingston, a Kingston-based environmental advocacy organization, 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 noted that Councillor Lisa Osanic would introduce a motion at the upcoming Kingston City Council meeting, deferring this vote “until all proper studies are complete and made public.”

On April 16, 2024, at the regular meeting of Council, City staff recommended the submission, which included 41 single detached houses, 66 double-stacked townhouses and 120 triple-stacked townhouses as well as private roads, surface parking areas, private open space, and a protected naturalized buffer adjacent to Collins Creek. Consistent with additional dwelling unit permissions enabled by the province through Bill 23 (and for which the City offers financial assistance to construct), the 41 single-detached homes were proposed to contain up to three dwelling units, for a maximum total of 309 dwelling units in the proposed development.

As expected, at that meeting, Councillor Osanic did move to stall the project, demanding that the applications for Official Plan and Zoning By-Law amendments be deferred until a new scoped environmental impact study could be conducted by an independent third party planning ecologist and brought to Council. A recorded vote passed 9 to 4 in favour of Osanic's motion, with Mayor Bryan Paterson and Councillors Ryan Boehme, Jimmy Hassan, and Gary Oosterhof opposing.

According to the OLT decision, the settlement proposal resulted in a moderate decrease in the potential maximum density, primarily due to a significant increase in the setback of the development from Collins Creek and “the reduced development envelope.”

More specifically, the setback to Collins Creek increased from approximately 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 partly compensate for this reduction, the revised proposal incorporated a shift in housing types, with more multi-unit townhouse forms and the removal of all single detached dwellings, according to the decision. The company now recommends up to 290 units, including 35 traditional townhouses (plus an allowance for second units, totalling up to 70 units), 24 double-stacked townhouses, 100 double-stacked/back-to-back townhouses, and 96 triple-stacked townhouses. This equates to a maximum density of approximately 34 units per hectare.

The decision notes that the implementing planning instruments, the Official Planning Amendment and Zoning Bylaw Amendment, were modified to implement the revisions expressed above in the settlement plan. The draft Zoning Bylaw was further modified from the initial submission to address the changes effected.

The OLT, in its decision, stated 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”. In particular, "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 decision points out that the development uses existing public infrastructure and facilities with sufficient capacity to support it, supports transit and active transportation, minimizes stormwater runoff volumes, and does not negatively impact natural heritage resources. Cultural heritage resources will be conserved through long-term avoidance, protection, and documentation, it notes. 

Conclusions

The City’s Official Plan permits growth within the urban settlement boundary of the City, including growth that supports intensification and contributes toward an appropriate range and mix of housing types. According to the OLT decision, full municipal services are available or can be made available on the site, and the applicant will bear the cost of any upgrades. 

The decision also indicates that, according to section two of the OP regarding “Sustainable Development,” the land is under-utilized, and the proposed development will make efficient use of services: "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 decision states that major open space lands will be maintained in their natural state, significant stands of mature trees will be maintained, new trees planted, stormwater can be managed on-site, and environmental damage to surrounding features is not anticipated. The Canadian National (CN) rail right-of-way will be respected. Cultural heritage attributes will be maintained.

Tee Fung Ng’s decision concludes that the Tribunal is satisfied that “the Settlement represents good planning.”

Kingstonist intends to provide follow-up coverage of local reactions to the OLT decision. Any local residents or community groups interested in sharing their opinions can email Editor-in-Chief Tori Stafford at Tori.Stafford@kingstonist.com.