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Heritage Grove Centre Inc. and Villarboit Development Corporation v. City of Owen Sound

Location:

Grey/Bruce


Subject:

Commercial Development, Official Plan Amendments, Shopping Centre Development, Zoning By-law Amendments


Court:

Ontario Municipal Board


Application/issue:

In March 2012, Heritage Grove Centre Inc. and Villarboit Development Corporation applied for an amendment to the City’s Zoning By-law 2010-78. The intent was to increase the permitted Gross Floor Area and to relax or eliminate the Gross Floor Area and unit size restrictions, so as to facilitate a new retail development. However, City Council refused the application, with concerns about potential market impact. The Applicants appealed to the Board. However, after a series of pre-hearing conferences, the Applicants and the City agreed on modifications to the application as well as a draft Zoning By-law.


Held:

Appeal allowed


Reasons:

The parties were able to agree on a new draft Zoning By-law, which formed part of their settlement. The Board also considered the opinion of expert planner Wendy Nott, who stated, “the settlement is appropriate, in conformance with applicable policy, and represents good land-use planning in the public interest.” The Board found no reason to disagree.


Document(s):


Collingwood

Orillia

Owen Sound

Sudbury

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