Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE: February 20, 2024
CASE NO(S).: OLT-22-004968 OLT-24-000073
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: McCormick Village Inc. Subject: Proposed Official Plan Amendment No. 74 Description: To permit OPA and ZBA to redevelop an existing cookie factory with mixed-use housing Property Address: 1156 Dundas Street Municipality/UT: City of London Reference Number: C.P-1512 (bv)-261 OLT Case No.: OLT-22-004698 OLT Lead Case No.: OLT-22-004698 OLT Case Name: McCormick Village Inc. v. London (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: McCormick Village Inc. Subject: By-law No. Z.-1-223068 Description: To permit OPA and ZBA to redevelop an existing cookie factory with mixed-use housing Property Address: 1156 Dundas Street Municipality/UT: City of London Reference Number: Z-1-223068 OLT Case No.: OLT-22-004699 OLT Lead Case No.: OLT-22-004698
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: McCormick Villages Inc. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit proposed draft plan of subdivision Reference Number: 39T-21508/OZ-9545 Property Address: 1156 Dundas Street Municipality/UT: City of London OLT Case No.: OLT-24-000073 OLT Lead Case No.: OLT-24-000073 OLT Case Name: McCormick Village Inc. v. London (City)
Heard: February 9, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| McCormick Village Inc. (“Appellant”) | Paula Lombardi |
| City of London (“City”) | Aynsley Hovius, Christina McCreery |
MEMORANDUM OF ORAL DECISION DELIVERED BY S.L. DIONNE ON FEBRUARY 9, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is a Case Management Conference (“CMC”) before the Ontario Land Tribunal (“Tribunal”) in relation to appeals by McCormick Village Inc. pertaining to the lands referred to as the former McCormick Cookie Factory, designated under Part IV of the Ontario Heritage Act, and municipally known as 1156 Dundas Street, in the City of London (“Subject Lands”).
2By way of background, on May 4, 2023 the Tribunal held a first CMC regarding appeals pursuant to s.17(24) and s.34(19) of the Planning Act, R.S.O., 1990, c. P.13, (“Act”), pertaining to an Official Plan Amendment ("OPA") and a Zoning By-law ("ZBL") as related to the Subject Lands.
3Further to the Decision issued on the first CMC, on November 7, 2023, the Tribunal issued an Order in regard to a Procedural Order (“PO”) and Issues List (“IL”) in force and effect for the purposes of governing the required procedures leading up to and including a five-day hearing scheduled to commence on February 5, 2024.
4On January 22, 2024, the Tribunal received the Appellant’s appeal pursuant to s.51(24) of the Act for the non-decision of the Council of the City in respect of a proposed Draft Plan of Subdivision to facilitate the re-development of the Subject Lands.
5The Tribunal directed that a CMC be held for the purposes of considering the Parties’ request to consolidate the s.51(24) appeal with the s.17(24) and S.34(19) appeals. The Tribunal directed that Notice be issued to all persons residing within 120 metres of the Subject Lands.
6The Tribunal received an Affidavit of Service dated February 8, 20