Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 21, 2021
CASE NO(S).: PL200263
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Metro Towing Appellant: Ottawa Pool & Patio Ltd. Appellant: R.W. Tomlinson Limited Appellant: The Poole Creek Management Company Ltd.; and others Subject: Proposed Official Plan Amendment No. 240 Municipality: City of Ottawa LPAT Case No.: PL200263 LPAT File No.: PL200263 LPAT Case Name: Metro Towing v. Ottawa (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Metro Towing Appellant: Ottawa Pool & Patio Ltd. Appellant: R.W. Tomlinson Limited Appellant: The Poole Creek Management Company Ltd. Subject: By-law No. 2020-53 Municipality: City of Ottawa LPAT Case No.: PL200263 LPAT File No.: PL200264
Heard: In writing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Ottawa | Timothy Marc |
| Ottawa Pool & Patio Ltd. and Metro Towing | Emma Blanchard |
| The Poole Creek Management Company Ltd. | Geoff Howard |
DECISION DELIVERED BY WILLIAM R. MIDDLETON AND ORDER OF THE TRIBUNAL
1The Decision in this proceeding arises from the third Case Management Conference (“CMC”) held by video hearing (“VH”) by the Ontario Land Tribunal (“Tribunal” or “OLT”) on Wednesday, June 23, 2021. The Tribunal noted that counsel for the Appellants, Ottawa Pool and Patio Ltd., Metro Towing, The Poole Creek Management Company Ltd. (“Settlement Parties”) advised that they had settled their appeal of the Official Plan Amendment 240 (“OPA 240”) and Zoning By-law No. 2020-53 (“ZBA 2020-53”) sought by the City of Ottawa (“City”) relating to certain City lands known as the Goulbourn Wetlands and the Flewellyn Special Study Area (“Subject Lands”). Counsel for the City confirmed this resolution but noted that neither the Settlement Parties nor the City had yet submitted their settlement materials to the Tribunal in order for a settlement hearing to be conducted at the CMC.
2The Tribunal therefore ordered in its Decision issued on July 8, 2021 that the Settlement Parties and the City file with the Tribunal, on or before July 2, 2021, all required materials concerning their motion in writing to approve a proposed settlement and that the Tribunal would determine their motion in writing only pursuant to the OLT Rules of Practice and Procedure.
3In accordance with the Decision described above in paragraph [2], the City’s counsel filed, with the consent of the Settlement Parties, the following materials:
(a) Notice of Motion by the City, dated June 30, 2021 (“Motion”) comprising 3 pages in total; and
(b) Affidavit of Nick Stow, sworn June 30, 2021, together with Exhibits A to E thereto, comprising 31 pages in total.
4The Motion was for:
(a) An Order modifying OPA 240 in accordance with Exhibit D to the Affidavit of Mr. Stow, now attached to this Decision as Attachment 1; and
(b) An Order modifying ZBA 2020-53 in accordance with Exhibit E to the Affidavit of Mr. Stow, now attached to this Decision as Attachment 2
5The relief sought in the Motion as described in paragraph [4] above has been agreed to by the Settlement Parties.
6Mr. Stow is a Senior Environmental Planner with the City and has been a City employee in that role since 2009. He has a bachelor’s degree in biology obtained from the University of Ottawa in 1995 and a Doctorate in Ecology completed at the same university during the period from 1995 to 2003. Prior to his employment with the City, Mr. Stow worked professionally in several related roles since 1992.
7As a Senior Environmental Planner, Mr. Stow is responsible to provide leadership in natural heritage and environmental planning in the City’s Land Use and Natural Systems Group and, more specifically: (a) to manage and coordinate subwatershed studies; (b) to support junior and intermediate planners in the preparation of environmental management plans; (c) to develop strategies, policies and tools for the identification and protection of Ottawa’s natural heritage system, significant wildlife habitat, and habitat for species at risk (e.g. Official Plan Policies, Environmental Impact Statement Guidelines, Wildlife Strategy); and (d) to lead other environmental studies as required, including wetland evaluations.
8Mr. Stow was a key City employee who dealt with the matters raised on the Settlement Parties’ appeals pertaining to the Subject Lands, which comprise identified wetlands in the City. In light of his credentials and experience, the Tribunal accepts the qualifications of Mr. Stow to provide expert opinion evidence on environmental and land use planning matters as set out in his affidavit on this Motion.
9In his affidavit, Mr. Stow noted that on April 26, 2012, the former Ontario Municipal Board (“OMB”) approved City of Ottawa Official Plan Policy 3.2.5 – Flewellyn Special Study Area (OMB File No. PL100206). This Policy set out a process for resolving questions of significant wetland designations and land uses in a defined area west of Ottawa’s urban boundary. The process included a re-evaluation of the boundaries of the Goulbourn Wetland Complex in the Subject Lands. A re-evaluation of the boundaries of the Goulbourn Wetland Complex was completed in 2016. Mr. Stow also described that conformity with the Ontario Wetland Evaluation System required that the re-evaluation extend beyond the boundaries of the Flewellyn Special Study Area, also part of the Subject Lands.
10It was the delineation of the boundaries of the significant wetland designations and resultant land use restrictions in the Subject Lands as set out in OPA 240 and ZBA 2020-53 that was objected to by the Settlement Parties and formed the basis of their appeals in this proceeding.
11As a result of the 2016 re-evaluation process described above in paragraph [9], Mr. Stow stated in his affidavit that the Agriculture and Rural Affairs Committee (“ARAC”) of the City considered an official plan amendment and zoning by-law amendment to implement the findings of the Flewellyn Special Study and the Goulbourn Wetland Boundary Re-evaluation in February, 2020. Council of the City adopted the Flewellyn Special Study Area and Goulbourn Wetland Official Plan Amendment and Zoning By-law Amendment, as amended and recommended by ARAC, on February 12, 2020.
12Mr. Stow further stated in his affidavit that the Flewellyn Special Study Area and the Goulbourn Wetland Official Plan Amendment as adopted by Council, left in place on Schedule B of the Ottawa Official Plan a Significant Wetland designation on certain parts of the Subject Lands located at 6547 Rothbourne Road and at 329 Jinkinson Road that the Province no longer identifies as provincially significant wetland. Similarly, the Flewellyn Special Study Area and the Goulbourn Wetland Zoning By-law Amendment, as adopted by Council, left in place an Environmental Protection Zone (“EP”) on those same parts of the Subject Lands that the Province no longer identifies as provincially significant wetland and which does not warrant an EP zone.
13In his affidavit, Mr. Stow testified that the City and the Appellants have agreed to changes in the designations and zoning of the properties described in paragraph [12] to reflect the boundaries of solely the provincially identified significant wetlands and the designations and zoning on adjacent lands. The draft Official Plan of the City which released for public review on November 20, 2020 seeks to make the Significant Wetland designation consistent with the boundaries of only the provincially identified significant wetlands.
14In light of the information set out in paragraph [13], the City Council on March 10, 2021 carried the following motion that had been recommended to it by ARAC:
That Council direct staff to seek the following modification from the Local Planning Appeal Tribunal with respect to the following:
With respect to Official Plan Amendment 240, the redesignation of the lands as shown in Document 1 from Significant Wetland to General Rural area and Rural Natural Features Area; and
With respect to Zoning By-law Amendment 2020-53, the rezoning of the lands as shown in Document 2 from EP3 to RU.
Minutes recording the above City Council motion were set out in Exhibit C to Mr. Stow’s affidavit. This motion reflects the agreement reached between the Settlement Parties and the City.
15The lands to be re-designated by the City Council under OPA 240 from Significant Wetland to General Rural area and Rural Natural Features Area are shown in Attachment 1 hereto. The lands to be rezoned by the City Council from EP3 to RU under ZBA 2020-53 are shown in Attachment 2 hereto.
16Mr. Stow further testified in his affidavit that in his opinion, the re-designation under OPA 240 and the rezoning under ZBA 2020-53 as set out in paragraphs [14] and [15] above are:
(a) consistent with all relevant provisions of the Provincial Policy Statement, 2020 (“PPS”) issued under the provisions of s. 3 (1) of the Planning Act, R.S.O. 1990, c. P.13 (“PA”);
(b) in conformity with the policies of the City’s Official Plan;
(c) do not conflict with any other applicable Ontario or City plans; and
(d) represent principles of good planning.
17Taking into account the opinions expressed by Mr. Stow and the consents expressed by the Settlement Parties, the Tribunal is of the opinion that the approval of the two instruments under the proposed settlement has regard to the matters of provincial interest set out in s. 2 of the Planning Act; is consistent with the provisions of the PPS; conforms to the City’s Official Plan and represents good land use planning. The Tribunal therefore approves the proposed settlement and issues this Decision in writing pursuant to Rules 1.3, 10 and 12.1 of the Tribunal’s Rules of Practice and Procedure.
ORDER
18The Tribunal orders as follows:
The appeal pursuant to s. 17(24) is allowed in part and Official Plan Amendment 240 of the City of Ottawa is hereby modified to reflect the revisions set out in Attachment 1 hereto, and as modified is approved; and
The appeal pursuant to s. 34(19) against Zoning By-law No. 2020-53 of the City of Ottawa is allowed in part, and By-law No. 2020-53 is hereby amended to reflect the revisions set out in Attachment 2 hereto. In all other respects the Tribunal orders that the appeal is dismissed.
“William R. Middleton”
William R. Middleton
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.
PL200263 – Attachment 1
PL200263 – Attachment 2