Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 26, 2022
CASE NO(S).: OLT-22-003963
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Claridge Homes (Maple Grove) Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
Proposed Zoning By-law and Subdivision applications to create a 196-unit subdivision
Reference Number:
D02-02-18-004
Property Address:
1981 Maple Grove Road
Municipality/UT:
Ottawa
OLT Case No:
OLT-22-003963
OLT Lead Case No:
OLT-22-003963
OLT Case Name:
Claridge Homes v Ottawa (City)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject:
Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description:
Proposed Zoning By-law and Subdivision applications to create a 196-unit subdivision
Reference Number:
D07-16-18-0010
Property Address:
1981 Maple Grove Road
Municipality/UT:
Ottawa
OLT Case No:
OLT-22-003964
OLT Lead Case No:
OLT-22-003963
Heard:
October 21, 2022, by video hearing
APPEARANCES:
Parties
Counsel
Claridge Homes (Maple Grove) Inc.
Emma Blanchard
City of Ottawa
Timothy Marc
DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal are the appeals pursuant s. 34(11) and 51(34) of the Planning Act (“Act”) with respect to the failure of the City of Ottawa (“City”) to make a decision on a Zoning By-law Amendment (“ZBA”) and a Plan of Subdivision (“PoS”) application filed by Claridge Homes (Maple Grove) Inc. The applications were submitted originally on May 4, 2018 and have undergone various discussions with staff and the community.
2The Subject Property is municipally known as 1981 Maple Grove Rd being part of the south half of Lot 1, Concession 1 (Huntley) being Part 1 on Plan 4R-20914, Ottawa.
3The Applicant is requesting the development of a 7.58 hectares (“ha”) parcel of land to include 196 units consisting of 57 detached dwellings, 101 townhomes and 38 back to back townhomes with a 0.68 ha park. The proposed rezoning is to amend the current property from Development Reserve Zoning [DR] to Residential Third Density [R3] and Parks and Open Space [O1].
Notice
4The Applicant’s Affidavit of Service for Notice of this Case Management Conference as sworn on September 27, 2022, is marked as Exhibit 1.
Parties
5The statutory Parties are the Appellant and the City. There were no further requests for Party status sought in this matter.
Participants
6There were no Participant submissions received in regard to this matter.
Mediation
7The Tribunal canvassed the Parties as to whether they have engaged in discussions to resolve any of the issues in the appeal, and whether they are interested in mediation. The Tribunal reminded the Parties that Tribunal-assisted mediation is available to them, and that should they reach a point where mediation will be of assistance, they may request a mediation assessment through the assigned Case Coordinator.
HEARING, PROCEDURAL ORDER, AND ISSUES LIST
8The Tribunal canvassed the Parties as to the number and areas of expertise of their intended witnesses for the hearing. Counsel for each Party indicated that they expect to call land use planning witnesses, with the possibility of other expert witnesses as they continue to define the Issues List.
9The Tribunal received a draft Procedural Order (“PO”) which the Parties indicated will be updated for review and approval by the Tribunal.
10On the request of counsel, the Tribunal looked to the time period between April and June 2023, as a possible timeframe for the hearing. Based on the draft PO, the anticipated number of witnesses, and the video hearing format, the Tribunal determined that it would be reasonable to schedule the hearing for five (5) days.
11The Tribunal directs counsel to provide the Case Coordinator with any information that may reduce the time allotted for the Hearing of the Merits.
12The Tribunal also directs the counsel to ensure that the PO includes submission of a hearing plan at least ten days prior to the scheduled hearing.
ORDER
13The Tribunal orders that the hearing is scheduled to commence on Monday, April 24, 2023, at 10 a.m. by video conference.
14The Parties shall provide, on or before Friday, October 25, 2022, the draft PO and Issues List to the assigned Case Coordinator.
15Parties 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/344779885
Access code: 344-779-885
16Parties 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
17Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The access code is: 344-779-885.
18Individuals 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.
19This Member may be spoken to for the purposes of case management should any issues arise.
20The Member is not seized.
21No further notice of the hearing is required.
“D. Chipman”
D. CHIPMAN
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.