Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 28, 2022

CASE NO(S).: OLT-22-003948

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Minto Communities Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: Official Plan Amendment and Zoning By-law amendment seeks to permit a 18-storey mixed-use building on the lands known as 1186, 1188, and 1194 Wellington Street West

Reference Number: D01-01-21-0011

Property Address: 1186-1194 Wellington Street West

Municipality/UT: Ottawa/Ottawa

OLT Case No.: OLT-22-003948

OLT Lead Case No.: OLT-22-003948

OLT Case Name: Minto Communities Inc. v. Ottawa (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Minto Communities Inc.

Subject: Application to amend the Zoning By-law -neglect to make a decision

Reference Number: D02-02-21-0062

Property Address: 1186-1194 Wellington Street West

Municipality/UT: Ottawa/Ottawa

OLT Case No.: OLT-22-003949

OLT Lead Case No.: OLT-22-003948

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Minto Communities Inc.

Subject: Site Plan

Reference Number: D07-12-22-0105

Property Address: 1186-1194 Wellington Street West

Municipality/UT: Ottawa/Ottawa

OLT Case No.: OLT-22-004708

OLT Lead Case No.: OLT-22-003948

Heard: December 15, 2022 via Video Hearing

APPEARANCES:

Parties Counsel

City of Ottawa G. Schromm

Minto Communities Inc. M. Flowers H. Ruby (Articling Student)

Suncor Energy Products Partnership K. Sutton P. Pinho

MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON DECEMBER 15, 2022 AND ORDER OF THE TRIBUNAL

1This was the third Case Management Conference (the “CMC”) for the appeals under s. 22(7) and 34(11) of the Planning Act (the “Act”) by Minto Communities Inc. (the “Applicant”) for the failure of the City of Ottawa (“City”) to make a decision on a request to make an amendment to the Official Plan (“OPA”) and Zoning By-law Amendment (“ZBLA”) for the properties municipally known as 1186 – 1194 Wellington Street West (the “Subject Site”).

2The Applicant proposes to develop the Subject Site with a 16-storey mixed use building that includes ground floor commercial spaces and 212 residential dwelling units. In order to do this, the Applicant has requested a ZBLA to zone the Subject Site in its entirety to Traditional Mainstreet Zone. The Applicant is also requesting a site-specific exemption to the Wellington Street West Secondary Plan.

UPDATES TO THE DRAFT PROCEDURAL ORDER

3As indicated, at the September 28, 2022, CMC, the Applicant has filed under s. 41(12) of the Act, a Site Plan appeal. The Parties have discussed the matter and are of the opinion that no additional days of the hearing of the merit, scheduled for August 14, 2023, would be required to hear the matters together. The Tribunal is satisfied that issues of the OPA and ZBLA appeals would adequately address the vast majority of the Site Plan appeal and concurs with the Parties that hearing the matters together is the most cost effective and efficient use of the Tribunal’s calendar.

4The Tribunal was presented with an updated draft Procedural Order (“DPO”) that includes the additional Site Plan appeal. The Parties informed the Tribunal that some alterations to the Site Plan have recently been made by the Applicant, and the City is in the process of obtaining staff comments. It was the submission of counsel for the Applicant that it would be appropriate to give City staff sometime to make comments and to finalize their Issues List for the Site Plan appeal.

5On November 4, 2022, the Minister of Municipal Affairs and Housing, approved a new Official Plan for the City. It is the position of the City that the applications are subject to the new Official Plan. The Applicant has added “Are the Applications required to conform to the new Wellington Street West Secondary Plan and/or the new City of Ottawa Official Plan?” to the Issues List as they are of the opinion that the Clergy principle still applies.

6The Parties have been directed to jointly submit a final DPO for the Tribunal’s consideration to the Tribunal’s Case Coordinator no later than the end of the business day on Friday, February 3, 2023.

REQUEST FOR PARTICIPANT STATUS

7The Hintonburg Community Association Inc. (the “Association”) is opposed to the proposed development. Linda Hoad, appeared on behalf of the Association, to request Participant Status to the proceedings. Ms. Hoad confirmed that the Association was incorporated.

8Without objections from the Parties, the Tribunal granted Participant Status to the Association. The Association was reminded that participant statements are due to the Tribunal and all Parties on or before Friday, June 16, 2023.

ORDER

9THE TRIBUNAL ORDERS that the appeals under s. 22(7), 34(11), and 41(12) be heard together.

10The Tribunal grants Participant Status to the Hintonburg Community Association Incorporated.

11That the Parties are directed to submit to the Tribunal a finalized Procedural Order on or before Friday, February 3, 2023 for its consideration. Should any issues arise between the Parties finalizing the draft Procedural Order, the Member may be spoken to.

“Steven Cooke”

STEVEN COOKE VICE-CHAIR

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.