Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 28, 2021

CASE NO(S).: PL200074

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Rideau Action Group Inc.

Subject: Proposed Official Plan Amendment No. OPA 239

Municipality: City of Ottawa

LPAT Case No.: PL200074

LPAT File No.: PL200074

LPAT Case Name: Rideau Action Group v. Ottawa (City)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Rideau Action Group Inc.

Subject: By-law No. BL2019-443

Municipality: City of Ottawa

LPAT Case No.: PL200074

LPAT File No.: PL200075

Heard: April 7, 2021 by Video Hearing

APPEARANCES:

Parties	Counsel
Rideau Action Group Inc.	Burgandy Dunn
Roger Stevens LP and Roger Stevens Colnvest LP	Michael Polowin and Michelle J. T. Cicchino
City of Ottawa	Timothy Marc

MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON APRIL 7, 2021 AND ORDER OF THE TRIBUNAL

1This was a Case Management Conference (“CMC”) regarding an appeal by Rideau Action Group Inc. (“RAG”) regarding the decision of the City of Ottawa (the “City”) to approve requested Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) regarding properties owned by Roger Stevens LP and Roger Stevens Colnvest LP (the “Applicant”).

2The Applicant plans to have a distribution warehouse facility located at the property municipally known as 1966 Roger Stevens Drive, and legally described as Part Lots 21 and 22, Concession 2, former Township of North Gower, in the City (the “subject lands”).

3At this CMC, a draft list of issues was reviewed. The City submitted that the existing Zoning By-law and the City Official Plan are already in place and the Appellant is raising issues that are not even related to any such ecological designations for the subject lands. Based on further discussion, the parties agreed to provide the revised draft Procedural Order (the “PO”) to the Tribunal by April 21, 2021. Subsequently, the parties requested more time to further finalize and refine their issues and the draft PO was received by the Tribunal around July 26, 2021.

4There was agreement among all parties that a hearing should be set. The parties provided their inputs regarding what expert witnesses and others they plan to call. The RAG submitted that they would call a professional planner as well as an Ecologist/Biologist. The Applicant stated that they will also call same for their case in response. The City informed the Tribunal that they would call a professional planner and possibly an environmental expert.

5In due consideration of the number of witnesses to be called and the evidence to be brought forth, the parties requested a duration of seven days for a hearing. The Tribunal is satisfied that the four tests set out above are satisfied by this application.

6The Tribunal originally set a hearing for seven days to commence on August 23, 2021. However, given the difficulties encountered by the parties to finalize the issues list and provide a draft PO to the Tribunal, the hearing was reset to commence on Monday, November 8, 2021 at 10 a.m. The hearing days are November 8, 9, 10, 12, 15, 16 and 17. The hearing will be conducted by video.

HEARING TECHNICAL DETAILS

7Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:

https://global.gotomeeting.com/join/549862909

Access code: 549-862-909

8Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html

9Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1(647) 497-9391 or (Toll-Free) 1(888) 455-1389. The access code is 549-862-909.

10Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

11The hearing will be governed by the Procedural Order as in Attachment 1 to this Decision.

12There will be no further notice.

13This Member is not seized.

14This Member may be approached through the Case Coordinator having carriage of this file for case management purposes.

15The directions in this Decision are so ordered.

“Jatinder Bhullar”

JATINDER BHULLAR MEMBER

Ontario Land Tribunal Website: 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.

Local Planning Appeal Tribunal File No.: PL200074 PL200075

LOCAL PLANNING APPEAL TRIBUNAL

IN THE MATTER OF an appeal pursuant to Subsection 17 (24) of the Planning Act, RSO 1990, c P13 (“Planning Act”) from the Decision of the City of Ottawa (the “City”) with respect to an application for Official Plan Amendment (Official Plan Amendment 239; Application reference no.: D01-01-19-0013) as amended, and pursuant to subsection 34(19) of the Planning Act from the Decision of the City with respect to an application for Zoning By-law Amendment (By-law 2019-443 which amends Zoning By-law 2008-25; Application reference no.: D02-02-19-0081) (“the decision”) as amended, with respect to property municipally known as 1966 Roger Stevens Drive in the Village of North Gower, ON.

Applicant(s): Roger Stevens LP and Rogers Stevens CoInvest LP

Appellant(s): Rideau Action Group

Subject (specify):

Property Address: 1966 Roger Stevens Drive, North Gower, ON

Municipality (specify): City of Ottawa

Municipal File No. (specify): D01-01-19-0013 D02-02-19-0081

LPAT Case No.: PL200074 PL200075

LPAT Case Name (specify):

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion. Organization of the Hearing

2. The video hearing will begin on November 8, 2021 at 10 a.m.

3. The length of the hearing is 7 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1.

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website (https://olt.gov.on.ca/tribunals/lpat/). Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before September 27, 2021 (42 days prior to the hearing date) and in accordance with paragraph 24 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before October 18, 2021 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the LPAT case co-ordinator on or before October 25, 2021 (14 days prior to the start of the hearing).

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph [14] below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph [15] below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph [15] below.

13. On or before October 4, 2021 (35 days before the hearing date), the parties shall provide copies of their witness and expert witness statements to the other parties and to the LPAT case co-ordinator and in accordance with paragraph 24 below.

14. On or before October 1, 2021 (38 days before the hearing date), a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before October 18, 2021 the parties shall provide copies of their visual evidence to all of the other parties in accordance with section 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

16. Parties may provide to all other parties and the LPAT case co-ordinator a written response to any written evidence within fourteen (14) days after the evidence is received and by October 18, 2021 at latest, and in accordance with section 24 below.

17. The parties shall cooperate to prepare a joint document book which shall be shared with the LPAT case co-ordinator on or before October 28, 2021 (10 days prior to the hearing).

18. Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the LPAT case co-ordinator, on or before October 28, 2021.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

20. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before October 4, 2021 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The parties shall prepare and file a final hearing plan prior to the further case management conference outlined in section 5 above. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

22. All filings shall be by electronic copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 30MB in size, or as otherwise directed by the Tribunal. The delivery of documents email shall be governed by the Rule 7. If required, the Tribunal may request hardcopies from the Parties.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is [not] seized.

So orders the Tribunal.

ATTACHMENT 1

PARTIES AND PARTICIPANTS

Applicant(s): Roger Stevens LP and Rogers Stevens CoInvest LP

Appellant(s): Rideau Action Group City of Ottawa

ATTACHMENT 2 - ISSUES LIST

General Land Use Planning Issues

1. Do the Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBLA”) represent good land use planning and are they in the public interest?

2. Is approval of the OPA and ZBLA premature and does it defer fundamental planning considerations regarding the appropriateness of the amendments to the site plan control phase, including the assessment of the impacts of the OPA and ZBLA on natural heritage features and functions?

3. Do the OPA and ZBLA adequately consider impacts on the adjacent land uses and the community, is the scale of development appropriate, and will the development authorized by the OPA and ZBLA result in unmitigable adverse or negative impacts?

4. Is a prior OMB mediation agreement for the subject site, and the planning vision contained in it, relevant to the consideration of the OPA and ZBLA, and, if so, has it been considered and implemented in the current OPA and ZBLA?

Consistency and Conformity with Provincial and Regional Policies and Plans

5. In adopting the OPA and ZBLA, did the City of Ottawa have regard to matters of provincial interest contained at s.2 of the Planning Act, including subsections 2(a), 2(b), 2(d), 2(h), 2(n), 2(o), 2(p), 2(q), and 2(r)?

6. Are the OPA and ZBLA consistent with the Provincial Policy Statement, including, but not limited to, the following policies:

Policy 1.1.1 (b), (c), (h) (Healthy, Livable and Safe Communities) Policy 1.1.3 (Settlement Areas) Policy 1.1.4 (Rural Areas in Municipalities) Policy 1.2.6 (Land Use Compatibility) Policy 1.3 (Employment) Policy 1.6.6 (Sewage, Water and Stormwater) Policy 1.6.7 (Transportation System) Policy 1.6.8 (Transportation and Infrastructure Corridors) Policy 1.7 (Long Term Economic Prosperity) Policy 2.1 (Natural Heritage) Policy 2.2 (Water) Policy 2.6 (Cultural Heritage and Archeology) Policy 3.0 (Protecting Public Health and Safety) Policy 3.1 (Natural Hazards) Policies: 4.1, 4.2, 4.3, 4.4, 4.7, 4.8 and 4.9 (Implementation and Interpretation)

Conformity with Local and Regional Policies and Plans

7. Do the OPA and ZBLA conflict with or fail to maintain the general intent and purpose of the following sections of the Official Plan:

Volume 1 - Official Plan

• Section 1.4
• Section 1.6
• Section 2.1
• Section 2.2, 2.2.1, 2.2.3
• Section 2.3
• Section 2.4
• Section 2.5, 2.5.1, 2.5.5, 2.5.6
• Section 3.2
• Section 3.7, 3.7.1, 3.7.2, 3.7.5
• Section 4
• Section 5.2.1
• Section 5.2.2
• Section 5.2.6
• Section 5.6

Volume 2 - North Gower Secondary Plan

• Sections 1.0, 2.0, 3.0 4.0, 7.0, 8.0 and 9.0

ATTACHMENT 3

ORDER OF EVIDENCE

1. Non-opinion overview evidence – Applicant
2. Appellant
3. Applicant
4. City of Ottawa