Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 15, 2022
CASE NO(S).: OLT-22-003948
PROCEEDING COMMENCED UNDER section 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-used building on the lands known as 1186, 1188, 1194 Wellington Street West.
Reference Number: D01-01-21-0011
Property Address: 1186-1194 Wellington Street W
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 section 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 W
Municipality/UT: Ottawa/Ottawa
OLT Case No: OLT-22-003949
OLT Lead Case No: OLT-22-003948
Heard: September 13, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Minto Communities Inc. | R. Miller, M. Flowers (in abstention) |
| City of Ottawa | G. Schromm |
| Suncor Energy Products Partnership | K. Sutton, P. Pinho |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON SEPTEMBER 13, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first 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 (“Ottawa”) 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.
3The Affidavit of Service confirming that proper notice of the CMC had been served was marked as Exhibit 1.
PARTY STATUS
4Ms. Sutton appeared before the Tribunal as counsel for Suncor Energy Products Partnership (“Suncor”) to seek party status. She informed the Tribunal that Suncor is the owner of a property located at 390 Parkdale Avenue which is located immediately across the street from the Subject Site. The Tribunal was informed that Suncor has recently been in contact with the Statutory Party and has retained a planner to review the applications. Ms. Sutton highlighted that given the operations of its gas station, Suncor is concerned about the light and noise impact that they produce.
5Counsel for the Applicant did not oppose to the request of party status but suggested that the confirmation of status should be differed to the next CMC. The City had no position or objections to the request or deferral. Given the immediate proximity to the Subject Site and being satisfied that Suncor has potential issues the Tribunal grants party status to Suncor.
NEXT CMC
6Mr. Schromm, Counsel for the City, stated that he has not received full instruction regarding this matter from the City Council. The City Council has a meeting scheduled on September 21, 2022 and will be providing instructions on how the City would like to proceed. Because of this, the Parties requested a second CMC in the next few weeks.
7The Tribunal will hold a second CMC on Wednesday, September 28, 2022 at 2 p.m. It is the expectation that the Parties will present a draft Procedural Order and Issues List for its consideration, and to set dates for the hearing of the merits.
8Parties 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/442599157
Access code: 442-599-157
9Parties 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
10Persons 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 442-599-157.
11Individuals 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.
12No further notice is required.
13The Member is seized for the second CMC.
14So Orders the Tribunal.
“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.