Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 07, 2024
CASE NO(S).: OLT-23-000954
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/ Appellant: Phoenix Harbour Old Montreal Road Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To develop a residential subdivision on the subject lands
Reference Number: D02-02-18-0021
Property Address: 1146-1208 Old Montreal Road
Municipality/UT: Ottawa/Ottawa
OLT Case No.: OLT-23-000954
OLT Lead Case No.: OLT-23-000954
OLT Case Name: Phoenix Harbour Old Montreal Road Inc. 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
Reference Number: D07-16-18-0001
Property Address: 1146-1208 Old Montreal Road
Municipality/UT: Ottawa/Ottawa
OLT Case No.: OLT-23-000955
OLT Lead Case No.: OLT-23-000954
Heard: April 25, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Phoenix Harbour Old Montreal Road Inc. | Jacob Polowin Michael Polowin |
| City of Ottawa Tamarack (Cardinal Creek) Corporation |
Timothy Marc Ursula Melinz |
MEMORANDUM OF ORAL DECISION DELIVERED BY A. MASON ON APRIL 25, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the Second Case Management Conference (“CMC”) concerning an appeal by Phoenix Harbour Old Montreal Road Inc. (“Appellant”) of the City of Ottawa’s (“City”) failure to make a decision on Applications for a Zoning-By-law Amendment (“ZBA”) and a Draft Plan of Subdivision (“DPS”) within the timeframes prescribed in the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”).
2The proposed development would facilitate a residential subdivision, including residential apartments, semi-detached dwellings, townhouses, stacked townhouse units and a municipal park on the property municipally addressed as 1146, 1154, part of 1172, 1176, 1180 and 1208 Old Montreal Road in the City of Ottawa (“Subject Lands”).
STATUS REQUEST
3At the previous CMC on December 8, 2023, the Tribunal, differently constituted, deferred consideration of a Party status request from Tamarack (Cardinal Creek) Corporation (“Tamarack”) to provide the Parties additional time to consider the request and potentially resolve Tamarack’s concerns.
4At this CMC, the Parties advised that Tamarack continued to seek Party status, but that through discussions its concerns had been scoped to one issue. Counsel for Tamarack explained that its primary concern is that the Appellant satisfy its obligations under a cost-sharing agreement in place for the broader area as a condition of development, and that it does not intend to participate in the Hearing as to whether or not the Tribunal should grant the zoning amendment and subdivision appeals.
5The City and Appellant expressed their consent to Tamarack’s request for Party status and scoped participation in the Hearing, limited to cost sharing obligations as a condition in the DPS. The Parties also indicated an expectation that Tamarack’s cost sharing issue may be resolved before the Hearing and, to that end, a revised Procedural Order and Issues List (“Revised PO/IL”) was provided to the Tribunal incorporating Tamarack’s scoped concern.
6The Tribunal granted Party Status to Tamarack limited to the cost sharing issue set out in the Revised PO/IL.
MEDIATION
7The Parties advised the Tribunal that they continue to discuss the issues with a goal to resolution but do not wish to enter into formal mediation at this time.
REVISED PROCEDURAL ORDER AND ISSUES LIST
8The Tribunal was provided with the Revised PO/IL before the Hearing on the consent of the Parties anticipating Tamarack’s Party status request being successful and including its cost sharing concern. Upon review and discussion with the Parties, the Tribunal granted the request to substitute the Revised PO/IL set out at Attachment 1 to this Decision for the earlier version of that document, and it shall govern the proceedings going forward.
ORDER
9The directions set out above are so ordered by the Tribunal.
10The Member is not seized of this matter.
“A. Mason”
A. MASON 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.