The Ontario Land Tribunal (OLT) will get the final say on whether plans for a new apartment building can move ahead in Chatham.
Chatham-Kent council met on Monday, where a motion to accept a settlement from the developers of the planned 87 unit building on Indian Creek Road West failed on a tied vote.
Councillors Conor Allin, Michael Bondy, Anthony Ceccacci, Ryan Doyle, Amy Finn, Rhonda Jubenville, Alysson Storey, and John Wright rejected the settlement, while Councillors Aaron Hall and Melissa Harrigan weren't at the meeting.
The original plan was for the apartment to be nine-storeys, however, the developers agreed to lower it to eight after CK council and residents in the area raised concerns about the height. This decision was part of a settlement negotiated through OLT mediation.
The concession didn't sit well with Councillor Michael Bondy.
"We didn't negotiate well," he said during a discussion at Monday's meeting.
He and Councillor Ryan Doyle argued the building's plans do not fit the area due to its height.
"I can see three to five storeys but there's no way an eight to nine storey building should be put in this spot," added Doyle.
Councillor Brock McGregor, who voted to approve the building at eight storeys, explained he understands the concerns of people living in the area, but added that leaving the final decision to the OLT was a mistake.
"When we make no decision, send things back, say no, and we put that in the hands of the OLT, we lose any amount of control," he argued.
McGregor noted the OLT is prone to approve any projects like the apartment due to the housing crisis across the province.
Since the settlement was rejected, the Ontario Land Tribunal will hold a multi-day hearing in December to decide whether the project will move forward.