Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 08, 2024

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: in writing

APPEARANCES:

Parties

Valentine Coleman 1 Inc. and Valentine Coleman 2 Inc.

Counsel/Representative

Ira Kagan Sarah Kagan

Town of Grimsby

Tom Halinski

DECISION DELIVERED BY BITA M. RAJAEE AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1Valentine Coleman 1 Inc. and Valentine Coleman 2 Inc. (“Applicants”) appealed the refusal by the Council of the Town of Grimsby (“Town”) of applications for a site-specific Official Plan Amendment (“OPA”), pursuant to section 22(7) of the Planning Act (“Act”), and a Zoning By-law Amendment (“ZBA”), pursuant to section 34(11) of the Act. The lands for which the OPA and ZBA are sought are known municipally as 13 Mountain Street, 19 Elm Street, and 21 Elm Street in the Town (“Subject Site”).

2The purpose and effect of the proposed OPA would be to increase the permitted height of a building on the Subject Site to seven storeys, whereas a maximum of six storeys is currently permitted in the Downtown – Intensification Official Plan Designation. The purpose and effect of the ZBA would be to modify the existing lot coverage, side yard and height requirements in the Downtown Intensification DI zone by introducing site specific regulations to accommodate the proposed development.

3Two Case Management Conferences previously took place on this matter, on August 30, 2022, (“First CMC”) and November 20, 2023 (“Second CMC”). At the First CMC, 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 Kevin Luttjehuizen appeared as a spokesperson, was granted Participant Status. At the Second CMC, the Parties advised that they had reached a settlement with respect to this matter. As such, this Hearing in writing was scheduled and took place to allow the Tribunal to consider and approve the settlement, if warranted.

HEARING

4At this written Hearing, the following material was before the Tribunal:

a. EXHIBIT 1: Document Book

b. EXHIBIT 2: Affidavit of Emma West, sworn January 5, 2024

c. Written Submissions of the Applicants, dated January 8, 2024

d. Written Statement of the Participant, HGC, received January 8, 2024

e. Written Submissions from the Town, dated January 8, 2024

5In support of the settlement, the Parties relied on the written evidence of Emma West as outlined in Exhibit 2. The Curriculum Vitae and