Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 30, 2023

CASE NO(S).: OLT-23-000419 OLT-23-000699 OLT-23-000804

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Villarboit Owen Sound Holdings LP and Heritage Grove Centre Inc.

Subject: By-law No. 2023-045

Description: To permit the rezoning of subject lands to allow the commercial/residential development

Reference Number: ZBA No. 44

Property Address: 2275 16th Street East

Municipality/UT: Owen Sound/Grey

OLT Case No.: OLT-23-000419

OLT Lead Case No.: OLT-23-000419

OLT Case Name: Villarboit Owen Sound Holdings LP v. Owen Sound (City)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Sydenham Square Inc.

Appellant: Thompson Squares

Applicant: Heritage Grove Centre Inc.

Subject: By-law No. 2023-082

Description: To permit the construction of additional buildings to complete the buildout of the multi-building commercial development on subject lands

Reference Number: CS-23-071

Property Address: 2125 16th Street East

Municipality/UT: Owen Sound/Grey

OLT Case No.: OLT-23-000699

OLT Lead Case No.: OLT-23-000699

OLT Case Name: Sydenham Square Inc. v. Owen Sound (City)

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Heritage Grove Centre Inc.

Subject: Consent

Description: To create an easement for access over a portion of the subject property

Reference Number: B06-2023

Property Address: 2125 16th Street East

Municipality/UT: Owen Sound/Grey

OLT Case No.: OLT-23-000804

OLT Lead Case No.: OLT-23-000804

OLT Case Name: Heritage Grove Centre Inc. v. Owen Sound (City)

Heard: November 17, 2023 by Video Hearing

APPEARANCES:

Parties

Counsel

Villarboit Owen Sound Holdings LP and Heritage Grove Centre Inc.

Gerard Borean

Sydenham Square Inc.

Raivo Uukkivi

Thompson Centres

John Pappas

City of Owen Sound (City)

Harold Elston

DECISION DELIVERED BY ERIC S. CROWE AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the second Case Management Conference (“CMC”) for OLT-23-000419. Villarboit Owen Sound Holdings LP. and Heritage Grove Centre Inc. (“Appellant”) have filed an appeal pursuant to s. 34(19) of the Planning Act, against the City of Owen Sound’s (“City”) approval of Sydenham Square Inc.’s (“the Applicant”) Zoning By-Law Amendment (“ZBA 44”: passed by By-Law 2023-045). The Applicant’s lands are known municipally as 2275 16th Street East (“Subject Properties”), in the City.

2The Applicant’s application was to permit the rezoning of the Subject Properties to allow the proposed development of five commercial buildings and three residential apartment buildings.

PARTY/PARTICIPANT REQUESTS

3The Tribunal received no further request for either Party or Participant status.

RELATED APPEALS

4Villarboit Owen Sound Holdings LP and Heritage Grove Centre Inc. counsel, Mr. Borean, stated that there were two related appeals, however, there was no consent of the Parties for consolidation. The case references are OLT-23-000699 (ZBLA 34 (19) appeal) and OLT-23-000804 (Consent 53 (19) appeal). Mr. Borean requested three separate hearing dates for all appeals to be held consecutively.

5Sydenham Square Inc. counsel, Raivo Uukkivi who is a Party to OLT-23-000419 and appellant in OLT-23-000699 advised he had continuing discussions with the Parties and the possibility of Tribunal led mediation would be requested.

6Thompson Centres counsel, John Pappas, requested a second CMC instead of setting a hearing date for OLT-23-000699 in order to review the Issues List. Mr. Borean proposed having a draft Procedural Order (“PO”) with issues list (“IL”) by November 30, 2023 which would allow all Parties to works towards completing the PO.

7Mr. Borean advised that OLT-23-000804, a consent appeal, that he has had ongoing discussions with the City and they are close to a resolution of that appeal.

8The City counsel, Harold Elston, confirmed ongoing discussions with Mr. Borean in regard to OLT-23-000804.

DRAFT PROCEDURAL ORDER

9The Tribunal canvased the Parties in regard to the draft PO and IL for the different matters.

MEDIATION

10Parties requested a mediation date for Tribunal mediation. The Tribunal advised the parties to contact the case coordinator who would assist and provide information on the process of requesting Tribunal led mediation.

DISPOSITION

11(1) The Tribunal will schedule a three day hearing for OLT-23-000419 by video hearing.

(2) The Tribunal will schedule a two day hearing for OLT-23-000699 by video hearing.

(3) The Tribunal will schedule a one day hearing for OLT-23-000410 by video hearing.

12The Tribunal directs the Parties to submit a draft PO and IL to the Case Coordinator for all appeals by Thursday, November 30, 2023.

HEARING

13(1) A three day hearing for OLT-23-000419 is scheduled to proceed by video on Monday, February 12, 2023 at 10 a.m.

(2) A two day hearing for OLT-23-000699 is scheduled to proceed by video on Thursday February 15, 2023 at 10 a.m.

(3) A one day hearing for OLT-23-000804 is schedule for Tuesday February 20, 2023 at 10 a.m.

14The hearings are scheduled to proceed by video as follows: (Three day Hearing - OLT-23-000419) Monday, February 12, 2023 at 10 a.m GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979-388-733 Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373 (Two day Hearing - OLT-23-000699) Thursday February 15, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979-388-733 Audio-only line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373

(One day Hearing - OLT-23-000804) Tuesday February 20, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979-388-733 Audio-only line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373

15Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the even to test their video and audio connections:

16Parties 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

17Persons 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.

18Individuals 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

19The TRIBUNAL ORDERS that:

(1) A three day hearing for OLT-23-000419 is scheduled to proceed by video on Monday, February 12, 2023 at 10 a.m.

(2) A two day hearing for OLT-23-000699 is scheduled to proceed by video on Thursday February 15, 2023 at 10 a.m.

(3) A one day hearing for OLT-23-000804 is schedule for Tuesday February 20, 2023 at 10 a.m.

20The Parties are to forward a draft Procedural Order with the Issues List to the Case Coordinator on or before, Thursday, November 30, 2023.

21The Member is not seized.

22There will be no further notice.

“Eric S. Crowe”

ERIC S. CROWE

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.