Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 14, 2022
CASE NO(S).: OLT-21-001181
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 31 Huron Street Inc.
Subject: Application to amend Zoning By-law No. 2010-040 - Refusal or neglect of Town of Collingwood to make a decision
Existing Zoning: Deferred Commercial (DC) Zone
Proposed Zoning: Downtown Core Commercial – Exception (C1-X) Zone
Purpose: To permit ground floor commercial and residential apartments above with exception provisions
Property Address/Description: 31 Huron Street
Municipality: Town of Collingwood
Municipality File No.: D14320
OLT Case No.: OLT-21-001181
OLT File No.: OLT-21-001181
OLT Case Name: 31 Huron Street Inc. v. Collingwood (Town)
Heard: November 5, 2021 by Video Hearing
APPEARANCES:
Parties
Counsel
31 Huron Street Inc.
Leo Longo
Town of Collingwood
Eric Davis
MEMORANDUM OF ORAL DECISION DELIVERED BY N.P. ROBINSON ON NOVEMBER 5, 2021 AND ORDER OF THE TRIBUNAL
OVERVIEW
1The within matter involves a proposed amendment by 31 Huron Street Inc. (“Applicant”) to Zoning By-law No. 2010-040, which would rezone the property located at 31 Huron Street, in the Town of Collingwood (“Town”) from a Deferred Commercial Zone to a Downtown Core Commercial Zone to permit ground floor commercial and residential apartments above with exception provisions, to increase the maximum building height to six storeys and 26 metres, reduce the minimum rear yard setbacks to 0.0 metres and limit the number of condominium apartment units to 130.
2The Tribunal was tasked with conducting a case management conference (“CMC”), which included adjudicating two requests for participant status, filed by Ulrich Rath and Larry Bannon, and a request for party status filed by Donald May.
3Mr. Bannon expressed concerns about the impacts that a development of this size would have on the local community. Mr. Rath expressed similar concerns but added questions about water capacity for a development of the scope proposed. Both individuals are local residents and the Tribunal, with the consent of the parties, directed that both be granted participant status.
4Mr. May is a retired land use planner who resides close to the proposed development in the Town of Collingwood and filed a party request. Mr. May initially informed the Tribunal that he desired to both testify as a witness and cross-examine witnesses called by the Town. During the CMC, after concerns were raised about the potential conflict posed by playing both advocate and witness, Mr. May revised his request and indicated that he would only cross-examine witnesses and would not testify. He informed the Tribunal that he might call additional witnesses and stated that he would be self-represented. Mr. May contends that a fulsome evidentiary record would require his addition as a party. The Tribunal disagrees with this final point.
5Counsel for the Applicant also raised concerns with respect to the role Mr. May would play if granted party status. Mr. May, a retired land use planner by trade, would be self-represented.
6The Tribunal finds that Mr. May would not contribute to the hearing in a manner that would assist the Tribunal in determining the real questions of fact and law before it. The Tribunal finds that Mr. May’s interest does not rise to the level of a party. As a participant, Mr. May will be able to file additional written material with the Tribunal and assist the Tribunal in adjudicating the matter without a cost to the fair and expeditious resolution of the matter. The Tribunal directs that Mr. May be granted participant status.
7The parties in the within matter informed the Tribunal that further procedural events were expected at the municipality level and thus, requested a further CMC to be scheduled in February of 2022. The Tribunal directed that a further CMC occur on Friday, February 25, 2022 to commence 10 a.m. by video.
8The Tribunal directed that the matter be set for hearing on May 26 and 27, 2022 at 10 a.m.
HEARING CALL-IN DETAILS
9The hearings are scheduled to proceed by video as follows:
Friday, February 25, 2022 at 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/914098901
Access code: 914-098-901
Audio-only telephone line: (Toll Free) 1 (888) 299-1889, +1 (647) 497-9373
Audio-only access code: same as indicated above.
Thursday, May 26 to Friday, May 27, 2022 at 10 a.m.
Please use the same hearing details noted above.
10Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
11Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.
13Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
14There will be no further notice.
15The Member is not seized for the purpose of the hearing.
“N.P. Robinson”
N.P. ROBINSON
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.