Villarboit planning to take Owen Sound to Ontario Land Tribunal

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The City of Owen Sound is requesting party status at the Ontario Land Tribunal after an east-side developer appealed the city’s approval of a zoning bylaw amendment for an adjacent property.

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The appeal by Villarboit, owner of the Heritage Grove shopping complex, relates to the eastern boundary of its property and its plans to construct a lane to access a planned 35,000-square-foot grocery store on the site.

But in zoning bylaw amendment no. 44 for the planned Telfer Creek Square residential and commercial development to the east, which the city approved on April 17, it proposes that property be accessed by a new shared entrance off of 16^th Street East to a new public street or private roadway. That roadway or street would run between the two developments.

In a letter included in the council package from Gerard C. Borean of Parente, Borean LLP, counsel for Villarboit, it raises that company’s concerns about the zoning amendment and notifies the city of its plans to appeal to the OLT.

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“Among the concerns included, the possibility for the Villarboit lane to be converted to part of a future public road (with 9.5m coming from the Villarboit site and 9.5m from the Applicant’s Lands),” the letter states. “Villarboit has objected to any additional taking of lands other than that shown on the approved lane and corresponding registered access easement. This is due to the grocery store size and parking requirements, which cannot be reduced.”

Monday’s council agenda included a site plan drawing of the Villarboit site, including a proposed FreshCo grocery store to the north of the existing Value Village store.

The letter from Borean raises concerns about the ability for commercial vehicles to access loading spaces at the grocery store due to space constraints and the presence of other vehicles on what could become a public roadway.

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The letter states that Villarboit met with city staff on March 9, 2022 and raised their concerns about the city’s plan for the subject lane. Since that meeting, Villarboit’s consultants have prepared a market study in support of the grocery store use and a traffic opinion report, which found the existing lane at the site will “satisfactorily accommodate” the proposed grocery store traffic.

In her report to council on Monday, Director of Community Services Pam Coulter said the appeal “provides no grounds or information that would alter staff’s professional recommendation to council that the zoning amendment be approved.”

Coulter said the planning reports presented by staff and the city’s consultant are thorough and complete. In preparing for a hearing the staff report, technical studies, and the review of those will stand the city in good stead to create the witness statements and information required to represent the city at an appeal, Coulter said, noting that it could be up to a year before a hearing date is set.

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At Monday’s meeting, council confirmed its approval and support of the zoning bylaw amendment and directed staff to advise the OLT that the city plans to be a party at the hearing, together with its legal council.

The Telfer Creek Square proposal by Sydenham Square Inc. plans five commercial buildings and three three-storey multi-unit residential buildings containing a total of 120 units. The planned development, located at 2275 16^th St. E., also includes parking areas, an internal road system, landscaping and a stormwater management system.

Deputy-mayor Scott Greig said the window hasn’t closed for Villarboit and city staff to work to resolve the developer’s concerns.

“I certainly hope that they continue to work with our professional staff here and try to come to a resolution which is outside of the Ontario Land Tribunal, which is costly for all parties and a considerable amount of time and delays and not likely in anyone’s best interests,” Greig said, adding that both developments are beneficial to the community and its residents.

“That is an open invite to them to hopefully engage the city and work even before it would ever get to the OLT.”