Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 2, 2022
CASE NO(S).: OLT-22-003541
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Valentine Coleman 1 Inc. & Valentine Coleman 2 Inc.
Subject: Request to amend the Official Plan – Refusal of request by City of Grimsby
Existing Designation: Commercial Core - Intensification and Downtown - Intensification
Proposed Designation: Commercial Core - Intensification and Downtown - Intensification. The Downtown - Intensification
Purpose: To permit a new 7-storey mid-rise residential building
Property Address/Description: 13 Mountain Street & 19 Elm Street
Municipality: City of Grimsby
Approval Authority File No.: 26OP-16-2101
OLT Lead Case No.: OLT-22-003541
OLT Case No.: OLT-22-003541
OLT Case Name: Valentine Coleman 1 Inc. & Valentine Coleman 2 Inc. v. Grimsby (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Valentine Coleman 1 Inc. & Valentine Coleman 2 Inc.
Subject: Application to amend Zoning By-law No. 14-15 – Refusal of application by the City of Grimsby
Existing Zoning: DI- Downtown Intensification zone
Proposed Zoning: DI- Downtown Intensification zone (site specific Regulations)
Purpose: To permit a new 7-storey mid-rise residential building
Property Address/Description: 13 Mountain Street & 19 Elm Street
Municipality: City of Grimsby
Municipal File No.: 26T-16-2104
OLT Lead Case No.: OLT-22-003541
OLT Case No.: OLT-22-003542
Heard: August 30, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Valentine Coleman 1 Inc; and Valentine Coleman 2 Inc
Ira Kagan and Kristi Stitt
City of Grimsby
Tom Halinski
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON AUGUST 30, 2022, AND ORDER OF THE TRIBUNAL
1Valentine Coleman 1 Inc. and Valentine Coleman 2 Inc. have appealed the refusal by Council of applications seeking to amend both the Official Plan and the Zoning By-law in order to permit the redevelopment of lands located at 13 Mountain Street and 19 Elm Street in the City of Grimsby for a seven storey mixed use building. The two existing structures will be incorporated as part of the non-residential component of the proposed 72 unit building.
2The refusal by Council runs contrary to the recommendation of staff following full circulation of the proposal.
3An Affidavit of Service attesting to the giving of Notice for this proceeding was filed and marked as Exhibit 1. In response to the Notice, one request for Participant Status was filed for the consideration of the Tribunal by Mr. Kevin Luttjehuizen, on behalf of The Harmony Group of Companies, owner of multiple buildings and businesses in downtown Grimsby. Participant Status was conferred by the Tribunal with no objection from the Parties. No other requests were received.
4Counsel for Grimsby explained that given the timing of the Council decision and the scheduled fall election, he would not be able to receive direction from Council until the early new year, and accordingly, the Parties requested the scheduling of a second CMC for the late winter of 2023. In the intervening time, the Parties will continue discussions with a view to narrowing issues and preparing a draft Procedural Order, complete with issues list, for the consideration of the Tribunal.
5Those observing, were advised to provide their contact information with the case co-ordinator should they wish to receive notice of future proceedings.
6A second CMC was scheduled for Wednesday, March 8, 2023, commencing at 10:00 a.m., at which time the Tribunal with consider the draft procedural order and proceed to schedule the hearing of merit.
7Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 709-076-365
8Parties 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 at: https://app.gotomeeting.com/home.html
9Persons 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 provided above.
10Individuals 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.
ORDER
11The Tribunal shall convene a second CMC as set out in this disposition for the purpose of approving a procedural order and issues list and scheduling the hearing.
12Participant Status is conferred upon The Harmony Group of Companies.
13The member is not seized, and no further notice is required.
“Sharyn Vincent”
SHARYN VINCENT
VICE-CHAIR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6