Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 27, 2022
CASE NO(S).: OLT-21-001783
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: City of Ottawa
Applicant/Appellant: Claridge Homes (1717 Carling) Inc.
Subject: Consent
Description: To create two new parcels of land to allow development of retirement home (155 units) and rental apartment building (196 units)
Reference Number: D08-01-21/B-00173, D08-01-21/B-00313
Property Address: 1705/1707/1717 Carling Avenue
Municipality/UT: Ottawa/Ottawa
OLT Case No.: OLT-21-001783, OLT-21-001784
OLT Lead Case No.: OLT-21-001783
OLT Case Name: Claridge Homes (1717 Carling) Inc. v Ottawa (City)
Heard: April 5, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Claridge Homes (1717 Carling) Inc. | Ursala Melinz and Crystal McConkey |
| City of Ottawa | Timothy Marc |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER AND CARMINE TUCCI ON APRIL 5, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This matter had been scheduled for a one-day hearing commencing on April 5, 2022 to consider the appeals of Claridge Homes (1717 Carling) Inc. (“Claridge”) pursuant to s. 53(19) of the Planning Act for the property located at 1705 Carling Avenue, Ottawa (the “Subject Property”).
2This was a consent application to subdivide the Subject Property into two parcels of land at-grade and below-grade with vertical and horizontal lines (“strata severances”). One parcel is to be used for residential rental apartments and the other to be a retirement residence, as well as the creation of various driveway and aisleway parcels so the surface driveway, parking and underground parking area may function properly.
3The Application was filed with the Committee of Adjustment (“COA”) on March 30, 2021 and City staff had no concerns with the Application. Notice was given and public hearings were held on October 6, and October 20, 2021, as required by the Planning Act.
4The COA’s decision was a tie vote (2-2) which therefore made it a refusal. One of the grounds stated in support of the refusal is, the COA questioned its authority to grant strata severances despite the fact a City Solicitor pre-emptively provided a legal opinion that the COA has the jurisdiction to do so.
5What is unique to this hearing is that the City of Ottawa is also appealing the COA decision along with the Appellant. The Tribunal has not received any correspondence from any opposing parties or participants to this appeal.
6As such, this hearing is now to be considered a settlement hearing between Claridge and the City of Ottawa.
7The only evidence before the Tribunal is the Affidavit of Nicholas Sutherland sworn March 17, 2022. The Affidavit was marked as Exhibit 1. Mr. Sutherland is a Registered Professional Planner (RPP), a full member of the Ontario Professional Planners Institute, and a full member of the Canadian Institute of Planners (CIP).
8He is currently a Planner at Fotenn Consultants Inc. (“Fotenn”) and has been employed as a land use planner with Fotenn since January 2019. He has a Bachelor of Science (Honours) in Environmental Sciences (Toxicology) from Queen’s University and a Master Degree in Urban and Regional Planning from the School of Urban and Regional Planning at Queen’s University.
9Between 2017 and 2019, he was a development planner at the City of Cornwall, gaining exposure to and experience in a broad range of planning applications, land use planning matters, and policy planning projects.
10Currently at Fotenn, he has been involved in a broad range of policy and development projects for both public and private sector clients. File work ranges from development approvals including, but not limited to, Official Plan Amendments, Zoning By-law Amendments, Plans of Subdivision, Plans of Condominium, Consents, Minor Variances, and Site Plan Control.
11Mr. Sutherland was affirmed and approved as an expert witness and able to give opinion evidence in the area of land use planning.
12Mr. Sutherland’s Affidavit provided the Tribunal with a comprehensive overview of the Applications in relation to the relative planning documentation including the Planning Act, the Provincial Policy Statement (2020) (the “PPS”), the City of Ottawa Official Plan (the “OP”) and the City of Ottawa Zoning By-law 2008-250.
13He also provided context to the site application and the intent of the application.
SITE CONTEXT
14The Subject Lands consist of an 8,943 square metre lot with approximately 77.81 metres of frontage along the north side of Carling Avenue. This section of Carling Avenue is designated an arterial road on Schedule E “Urban Road Network” of the City of Ottawa's Official Plan, 2003 as amended (the “OP”).
15The Subject Lands previously contained a restaurant and a hotel, which have been demolished. The Subject Lands are located in the Highland Park neighbourhood along the north side of Carling Avenue, between Cole Avenue South and Highland Avenue. The property is effectively a through-lot, with frontage on Carling Avenue and both Tillbury Avenue and Tillbury Avenue West at the rear (north) of the property, however, there is no vehicular access from Tillbury Avenue or Tillbury Avenue West. The Subject Lands are accessed exclusively via Carling Avenue.
16To the north of the Subject Lands, there are ground oriented residential dwellings, public schools and a recreation centre. To the East, West and South of the Subject Lands there are a variety of commercial uses, including auto-oriented commercial uses, a Canadian Tire store, and some light industrial uses. There are access points to the 417 Highway to the East and South of the Subject Lands.
SETTLEMENT PROPOSAL
17Claridge submitted the application for Consent (the “Applications”) to sever the Subject Lands into two individually owned parcels in order to construct two buildings, which are connected by a shared underground parking garage and introduce corresponding easements/rights-of-way. Claridge is also seeking Consent for the purpose a Mortgage/Charge, Partial Discharges of Mortgage/Charge and a Long-Term Leases.
18The Proposed Development is shown as Parts 1 to 23 on a stratified plan, which was filed with the Applications, being Plan 4R-34049 (the “Plan”) attached hereto as Exhibit “C” in the Affidavit.
19The Retirement Residence of 1707 Carling Avenue is proposed to include Parts 1, 5, 6, 8,10,11 and 15 of the Plan. It is proposed to be a 9-storey, 155-unit building. The proposed retained parcel would have a frontage along Carling Avenue of 32.27 metres, a depth of 85.94 metres and a surface area of 2,461.5 square metres.
20The Residential Residence of 1705 Carling Avenue is proposed to include Parts 2-4, 7, 9, 12 and 16-23 of the Plan. It is proposed to be a 22-storey, 195-unit building. The proposed severed parcel would have a frontage along Carling Avenue of 36.81 metres, a depth of 93.82 metres and a surface area of 4,268.2 square metres.
21The easements requested as part of the Applications can be summarized as follows:
Easements over 1707 Carling Avenue (Retirement Residence) in favour of 1705 Carling Avenue (Residential Residence):
- An access easement over Part 5 (basement drive aisle)
- An easement over Part 6 (Hydro Vault)
- An easement over Part 8 (Central Alarm Control Facility)
- An access easement over Part 10 (exterior drive aisle)
- A service easement over Parts 11 & 15
Easements over 1705 Carling Avenue (Residential Residence) in favour of 1707 Carling Avenue (Retirement Residence):
- An access easement over Part 4 (basement drive aisle)
- An easement over Part 7 (generator shaft)
- An access easement over Part 9 (exterior drive aisle)
- An easement over Part 12 (generator)
- An easement over Part 16 (fire pump room)
- An access easement over Part 17 (access to fire pump room)
- An easement over Part 18 (water entry room)
- An easement of Parts 19 to 23 (visitor parking)
- A utility easement over Part 3 in favour of Hydro Ottawa
22Claridge has already obtained the site plan control approval and a zoning by-law amendment with respect to the Proposed Development on the Subject Lands.
23The Applications comply, in all respects, to the applicable Zoning By-law No. 2008-250 and the site-specific zoning amendment granted in 2021. Consequently, no minor variances are required in association with the severances being sought at this time.
SUMMARY OPINION AND RECOMMENDATIONS
24In Mr. Sutherland’s opinion, the consent Applications comply with, and have proper regard for, the criteria found in s. 53 and s. 51(24) of the Planning Act.
25In his professional land use planning opinion, the proposed consents satisfy the applicable criteria for approval under the Planning Act, are consistent with the PPS, conform to the City of Ottawa OP, and comply with the requirements of the City of Ottawa Zoning By-law No. 2008-250. It is therefore our opinion that the proposed consents represent good land use planning and should be granted.
26It is Mr. Sutherland’s recommendation that the Tribunal grant the approval of the consent Applications.
FINDINGS
27The Tribunal finds based on the uncontroverted opinion evidence of Mr. Sutherland that the proposed development:
- The Applications satisfy the applicable criteria for approval under the Planning Act and are consistent with the PPS.
- That the creation of the two new residential lots support transit, provide a range of housing options through intensification, and redevelop an urban property with access to existing services and infrastructure.
- The Applications will establish two new appropriately sized lots intended for high density residential use and a retirement residence that are compatible with the urban character of the area.
- The Applications conform with the City of Ottawa OP.
- The Applications comply with the City of Ottawa Zoning By-law (2008-250).
ORDER
28THE TRIBUNAL ORDERS that the appeals are allowed and the consents are granted subject to the conditions set out in Schedule “A” hereto. The Tribunal acknowledges that the conditions set out in Schedule “A” have been satisfied by Claridge Homes (1717 Carling) Inc. and shall remain the responsibility of the City of Ottawa, with the Certificate of Official to be issued by the Committee of Adjustment pursuant to subsection 53(42) of the Planning Act. The Tribunal confirms that the Committee of Adjustment has the authority to grant vertical and stratified severances in accordance with the Planning Act.
“S. deBoer”
S. deBoer
MEMBER
“Carmine Tucci”
Carmine Tucci
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
OLT-21-001783 – Schedule A
CONDITIONS OF CONSENT D08-01-21/B-00173 & D08-01-21/B-00313
Consent Applications D08-01-21/B-00173 & D08-01-21/B-00313
- That the Owner(s) enter into a Joint Use, Maintenance and Operating Agreement, at the expense of the Owner(s), applicable to those common elements relating to vehicular accesses and common pedestrian walkways, setting forth the obligations between the Owner(s) and the proposed future owners. The Joint Use, Maintenance and Common Elements Agreement shall set forth the joint use and maintenance of all common elements including, but not limited to, the common party walls, common structural elements such as roof, footings, soffits, foundations, common areas, common driveways and common landscaping.
The Owner shall ensure that the Agreement is binding upon all the unit owners and successors in title and shall be to the satisfaction of the City’s Development Review Manager of the relevant Branch within the Planning, Infrastructure and Economic Development Department, or his/her designate, and City Legal Services. The Committee requires written confirmation that the Agreement is satisfactory to the City’s Development Review Manager of the relevant Branch within the Planning, Infrastructure and Economic Development Department, or his/her designate, and is satisfactory to City Legal Services, as well as a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.
- That the Owner(s) provide evidence (servicing plan), to the satisfaction of the Development Review Manager of the relevant Branch within the Planning, Infrastructure and Economic Development Department, or his/her designate, to be confirmed in writing from the Department to the Committee, that both the severed and retained parcels have their own independent water, sanitary and sewer connection, as appropriate, and that these services do not cross the proposed severance line and are connected directly to City infrastructure. If they do cross the proposed severance line, or they are not independent, the Owner(s) will be required to relocate or construct new services from the city sewers and/or watermain at his/her own costs.