Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 04, 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 28, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Minto Communities Inc.
M. Flowers H. Ruby (Articling Student)
City of Ottawa
G. Schromm
Suncor Energy Products Partnership
K. Sutton P. Pinho
MEMORANDUM OF ORAL DECISION DELIVERED STEVEN COOKE ON SEPTEMBER 28, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second 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 decisions 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.
3During the course of the previous CMC, Mr. Schromm stated that City Council was meeting on September 21, 2022 to determine whether or not the City would be opposing the applications. As Mr. Schromm did not have clear instructions the Parties jointly request the September 28, 2022 CMC. The Tribunal was informed that the City will be opposing the applications for OPA and ZBLA.
DECEMBER 15, 2022 CMC
4The Parties have jointly requested that the Tribunal conduct a third CMC. Mr. Flowers informed the Tribunal that Applicant has very recently filed a site plan appeal. In his discussions with the other Parties, it is their intentions to request at the next CMC that the Tribunal consider hearing the matters together.
5The Parties did provide a Draft Procedural Order (“DPO”) for the Tribunal’s consideration that included an Issues List that pertained only to the applications of the OPA and ZBLA appeals. Given that there is a potential request to have matters heard together the Parties agreed to present a revised DPO to the Tribunal at the December CMC.
6The Tribunal will hold a third CMC starting on Thursday, December 15, 2022 at 10 a.m.
HEARING OF THE MERITS
7The Tribunal was informed that through their discussion, the Parties requested 10-days of the Tribunals calendar for the hearing of the merits. The Tribunal enquired about the impact of the potential addition of the Site Plan appeals. The Applicant and the City indicated that majority, if not all, of the Site Plan appeals would be covered in the ZBLA evidence and did not feel additional time would be required.
8The Tribunal will hold a ten (10)-day hearing of the merits starting on Monday, August 14, 2023 at 10 a.m.
9The hearings are scheduled to proceed by video as follows:
Thursday, December 15, 2022 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/638422541 Access code: 638-422-541 Audio-only telephone line: (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 638-422-541
Monday, August 14, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/719383509 Access code: 719-383-509 Audio-only line: (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 719-383-509
10Parties 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.
11Parties 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
12Persons 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.
13Individuals 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.
14No further notice is required.
15The Member is not seized for the hearing of the merits, but for the purposes of case management will remain seized for the December CMC.
16So 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.