Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 04, 2023
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: November 20, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Valentine Coleman 1 Inc.; and Valentine Coleman 2 Inc.
Ira Kagan
Sarah Kagan
Town of Grimsby
Tom Halinski
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON NOVEMBER 20, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“Second CMC”) before the Tribunal with respect to appeals under sections 22(7) and 34(11) of the Planning Act by Valentine Coleman 1 Inc. and Valentine Coleman 2 Inc. (“Applicants”) resulting from the refusal by the Council of the Town of Grimsby (“Town”) of applications for an Official Plan Amendment and a Zoning By-law Amendment (“Applications”). The Applications originally related to lands located at 13 Mountain Street and 19 Elm Street in the Town. At the CMC, the Applicants’ Counsel advised that lands at 21 Elm Street are now included, and the revised development now encompasses 13 Mountain Street and 19 and 21 Elm Street. The purpose of the Applications is to allow for the development of a seven-storey mixed-used development.
2The first Case Management Conference took place on August 30, 2022 (“First CMC”), wherein it was confirmed that adequate Notice for this matter had been provided and no further Notice was required. Moreover, at the First CMC, the Harmony Group of Companies (“HGC”), for whom Mr. Kevin Luttjehuizen appeared as a spokesperson, was granted Participant Status.
SECOND CMC
3At the First CMC, a Second CMC was scheduled for March 8, 2023. However, prior to that date, the Parties advised the Tribunal that discussions were ongoing in pursuit of a settlement, but additional time was required. As such, the Parties requested on consent that the Second CMC be adjourned to late Fall in the hopes that it could be converted to a Hearing to consider a settlement.
4At the Second CMC, the Parties advised that they had achieved a settlement, but were unable to present it on that date as the instruments had yet to be finalized. As such, they requested that a Hearing in writing be scheduled to allow the Tribunal to consider the settlement agreement.
5This request was granted and the written Hearing is scheduled for Monday, January 8, 2024. The Parties were directed to provide relevant materials pertaining to this settlement in advance of the Hearing, and in particular to provide: an Affidavit by the expert witness they intend to rely on in support of the settlement, as well as a draft of the instruments to be approved by the Tribunal.
6Mr. Luttjehuizen attended the Second CMC and asked that HGC be provided with the settlement materials in advance, such that it may be able to review same and provide comments. The Tribunal directed the Parties to communicate with the Participant, and both Parties expressed a willingness to do so. Moreover, the Tribunal directed that the Participant be advised at the earliest opportunity of the deadline by which to provide its written statement, in order that the expert witness can consider HGC’s statement in preparing the Affidavit in support of the settlement.
ORDER
7The TRIBUNAL ORDERS that a Hearing in writing has been scheduled for January 8, 2024, to consider the settlement agreement reached between the Applicants and the Town.
8The Member is not seized, but may be contacted through the Case Coordinator should procedural issues arise.
“Bita M. Rajaee”
BITA M. RAJAEE 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.