Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 08, 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 the development of a six storey commercial-residential building with 130 condominium apartment units and ground floor commercial
Property Address/Description: 31 Huron Street
Municipality: Town of Collingwood
Municipality File No.: D14320
OLT Case No.: OLT-21-001181
OLT Lead Case No.: OLT-21-001181
OLT Case Name: 31 Huron Street Inc. v. Collingwood (Town)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 31 Huron Street Inc.
Subject: Site Plan
Description: To permit the development of a six storey commercial-residential building with 130 condominium apartment units and ground floor commercial
Reference Number: D111320
Property Address/Description: 31 Huron Street
Municipality: Town of Collingwood
OLT Case No.: OLT-22-001927
OLT Lead Case No.: OLT-22-001181
Heard: February 25, 2022 by video hearing
APPEARANCES:
Parties
Counsel
31 Huron Street Inc.
Leo Longo
Town of Collingwood
Eric Davis
DECISION DELIVERED BY C. HARDY AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) with respect to the appeal of 31 Huron Street Inc. (“Applicant”) under s. 34(11) of the Planning Act (the “Act”) arising from the Town of Collingwood’s (“Town”) failure to make a decision within the statutory timeframes on a zoning by-law amendment application (“Appeal”).
2The purpose of the Appeal is to rezone the property municipally known as 31 Huron Street, Collingwood (“Subject Property”) from a Deferred Commercial Zone to a Downtown Core Commercial Zone. The rezoning would permit ground floor commercial and residential apartments above with exception provisions, increase the maximum building height to six storeys and 26 metres, reduce minimum rear yard setbacks to 0.0 metres and limit the number of condominium apartment units to 130.
3The Parties were represented at the CMC by counsel as noted. The following Participants also attended the CMC: Ulrich Rath, Larry Bannon and Donald May.
4The Tribunal noted that the Affidavit of Service of Natalie Hickey sworn October 14, 2021 was not marked as an exhibit at the first CMC. The Tribunal confirmed with counsel that there were no issues with notice and marked the Affidavit of Service as Exhibit 1.
MOTION
5Prior to the CMC, Mr. Longo filed a motion (“Motion”) with the Tribunal on consent requesting the following order:
a. Abridging time for service of the Notice of the Motion;
b. Consolidating the hearing of this Appeal (Case No. OLT-21-001181) with the related site plan appeal (Case No. OLT-22-001927) pursuant to Rule 16 of the Tribunal’s Rules of Practice and Procedure;
c. Scheduling a further CMC in early April; and
d. Such further and other relief as counsel may advise.
The Notice of Motion was marked as Exhibit 2A.
6The Town did not object to the Motion, nor did they file any responding materials.
7In support of the Motion, the Applicant filed the Affidavit of Andrew Pascuzzo dated February 24, 2022 which was marked as Exhibit 2B (“Affidavit”). The Affidavit noted that subsequent to the first CMC, the Applicant appealed to this Tribunal under s. 41(12) of the Act as a result of the Town’s failure to make a decision within statutory timeframes on a site plan approval application with respect to the Subject Property (“Site Plan Appeal”). The Site Plan Appeal has been assigned Tribunal Case No. OLT-22-001927.
8During oral submissions, Mr. Longo noted that the Applicant has received comments from the Town and other departments regarding the Site Plan Appeal. Mr. Longo advised the Tribunal that the comments are technical in nature and the parties are optimistic that resolution and/or scoping of issues can be achieved outside of the Tribunal process.
9Mr. Longo noted that both the Appeal and the Site Plan Appeal relate to the Subject Property raise the same issues. Neither Mr. David nor Mr. Longo expected that consolidation of Case Nos. OLT-21-001181 and OLT-22-001927 would result in the need for any additional hearing days.
10The Tribunal questioned whether a further CMC was required. Mr. Longo explained that the purpose of a further CMC was to provide the Tribunal with an update on progress. Mr. Longo noted that there is a possibility that a further CMC could be converted to a settlement hearing thereby allowing the hearing dates scheduled for May 26 and 27, 2022 to be returned to the Tribunal’s calendar. Mr. Davis agreed with Mr. Longo’s explanation and added that setting a further date would allow the Participants and interested residents to be aware of the next proceeding.
11The Tribunal will accordingly make the appropriate order abridging service and consolidating the two Appeals.
PROCEDURAL ORDER AND ISSUES LIST
12The draft Procedural Order (“PO”) received by the Tribunal was discussed. The Parties advised that they had reviewed the draft PO and consented to its contents.
13Subsequent to the Tribunal’s order to consolidate the two matters, Mr. Davis noted that the Issues List may require refinements and scoping in addition to amending the style of cause. The Parties agreed to amend the PO and Issues List and Mr. Longo was tasked with filing the amended document with the Tribunal on or before March 4, 2022.
14On March 4, 2022, the Parties filed an amended draft PO with attached Issues List, which the Tribunal has now reviewed and approves. The approved PO is attached to this Order and Decision as Attachment 1.
ORDER
15The Tribunal orders that this Appeal referred to as Tribunal Case No. OLT-21-001181 be consolidated with the Site Plan Appeal in Tribunal Case No. OLT-22-001927 in accordance with Rule 16.1 of the Tribunal’s Rules of Practice and Procedure. The Tribunal further orders that time for service of the Motion is abridged.
16The Tribunal orders that a third Case Management Conference will be held by video hearing on April 5, 2022 commencing at 10 a.m. At this Case Management Conference, the Parties will update the Tribunal on progress made to scope and/or resolve issues on the Issues List.
17Parties 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:
https://meet.goto.com/687587165
Access Code: 687-587-165
18Parties 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.
19Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
20Individuals 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 video hearing 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.
21This Member will continue to be available to assist with this matter, schedule permitting.
22The Tribunal approves the Procedural Order and Issues List attached as Attachment 1 to this Order and Decision.
23This Member is not seized.
24There will be no further Notice.
“C. Hardy”
C. hardy
MEMBER
Ontario Land Tribunal
Website: www.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.
OLT-21-001181 – Attachment 1