Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 22, 2025

CASE NO.: 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 an 18-storey building on the lands known as 1186, 1188, 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 section 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: D07-12-22-00105 Property Address: 1186-1194 Wellington Street West Municipality/UT: Ottawa/Ottawa OLT Case No: OLT-22-004708 OLT Lead Case No: OLT-22-003948

BEFORE: STEVEN COOKE VICE-CHAIR Wednesday, the 22nd day of January, 2025

WHEREAS THE TRIBUNAL issued a Decision and Interim Order on October 18, 2024, as amended on November 18, 2024, in which the Tribunal allowed the appeals of Minto Communities Inc., in part, and ordered on an interim basis the following in respect of the lands municipally known as 1186-1194 Wellington Street West in the City of Ottawa: (i) an amendment to the Official Plan for the City of Ottawa; (ii) an amendment to the City of Ottawa Zoning By-law No. 2008-250; and (iii) the approval of a Site Plan Control application subject to conditions;

AND WHEREAS THE TRIBUNAL withheld its Final Order pending receipt of final versions of the Official Plan Amendment, Zoning By-law Amendment, Site Plan drawings and conditions of approval and the Tribunal’s approval of same, confirmed to be satisfactory to the City Solicitor; and

AND WHEREAS THE TRIBUNAL has received from the parties final versions of the Official Plan Amendment, Zoning By-law Amendment, Site Plan drawings and conditions of approval, confirmed to the satisfactory to the City Solicitor, and which are acceptable to the Tribunal.

NOW THEREFORE, THE TRIBUNAL ORDERS AS FOLLOWS:

1. The Official Plan for the City of Ottawa is modified as set out in Attachment 1 to this Order;
2. The City of Ottawa Zoning By-law No. 2008-250, as amended, is further amended as set out in Attachment 2 to this Order; and
3. The Site Plan and drawings in Attachment 3 to this Order are approved, subject to the conditions set out in Attachment 4 to this Order.

ATTACHMENT 1

The following modifications are hereby made to the Wellington Street West Secondary Plan:

Add a site-specific exception for 1186, 1188, and 1194 Wellington Street West, more specifically Policy 12.1 to Section 2.3 Parkdale Park Specific Policy Area - Mainstreet Designation - Built Form, as follows:

12.1 Notwithstanding paragraph 2.3 (12) above regarding maximum building height, the property located at 1186, 1188, and 1194 Wellington Street West shall be permitted a maximum building height of sixteen (16) storeys or 55 metres when the following criteria are met:

• The gross building area shall not exceed 17,000 square metres;
• The tower floorplate shall not exceed 750 square metres;
• The building shall not encroach upon a 45-degree angular plane measured perpendicular from the closest required setback of an abutting R1 to R4 zone;
• Despite the above, the building may encroach upon a 45-degre angular plane measured diagonal from the meeting point of the rear and side yard setbacks of the closest low density residential property located at 49 Hamilton Avenue North provided such projection represents less than the full tower width over less than three (3) storeys;
• A minimum tower separation of 10 metres shall be provided from property lines when such lines are abutting a property where the as-of-right policies and/or zoning provisions allow for high-rise;
• A podium shall have a maximum height of six (6) storeys;
• The two (2) to three (3) storeys along the public street shall be reinforced when a podium exceeds four (4) storeys;
• Active use(s) shall occupy more than 50% of the street façade at grade;
• Larger setbacks shall be provided at the intersection of two (2) arterial roads to provide space for passive recreation and additional space for pedestrian movement;
• Does not require the demolition of any cultural heritage resource designated under Part IV of the Ontario Heritage Act;
• The cultural heritage value and attributes of any identified heritage resources on the subject property shall be Conserved and meaningfully integrated;
• Appropriate and meaningful transition shall be provided to any adjacent cultural heritage resources through the use of setbacks, stepbacks, changes in material or other design measures.

ATTACHMENT 2

Details of Zoning Amendments

The amendments to the City of Ottawa Zoning By-law No. 2008-250 for 1186, 1188, and 1194 Wellington Street West:

1. To rezone the lands shown in Document 1 from TM11[1815] and TM11 to TM11[XXXX] S456.

2. Amend Part 17 – Schedules, by adding Schedule 456, as attached.

3. Add a new exception, [XXXX], to Section 239 – Urban Exceptions with provisions similar in effect to the following:

a) Add to Column II the text TM11[XXXX] S456

b) Add to Column V, Provisions, the text:

• The lands zoned TM11[XXXX] S456 are considered one lot for zoning purposes;
• Building setbacks, stepbacks, and maximum permitted building heights are as per Schedule 456;
• Minimum bicycle parking rate: 1 per dwelling unit;
• Vertical bicycle parking spaces shall have a minimum width of 0.5 metres and a minimum length of 1.2 metres;
• No parking is required for non-residential uses;
• Despite clause 197(13), the façade facing the main street does not require an entrance for a residential use;
• A permitted projection of a theatre marquee has no setback requirement and shall be as per Schedule 456.

Zoning Schedule 456

ATTACHMENT 3

Approved Plans and Drawings

1. Site Plan, Context Plan, Statistics, dwg SP03 prepared by Dialog, revision 8, dated November 29, 2024.
2. Building Elevations, dwg SP07 prepared by Dialog, revision 8, dated November 29, 2024.
3. Building Elevations - Enlarged, dwg SP07.1 prepared by Dialog, revision 8, dated November 29, 2024.
4. Landscape Materials Plan – Ground Level, dwg L1.00 prepared by Dialog, revision 13, November 29, 2024.
5. Landscape Layout & Composite Utility Plan, dwg L2.00 prepared by Dialog, revision 13, November 29, 2024.
6. Planting Plan, dwg L3.00 prepared by Dialog, revision 13, November 29, 2024.
7. Soil Volume Plan, dwg L4.00 prepared by Dialog, revision 13, November 29, 2024.
8. Site Sections & Elevations 1, dwg L5.00 prepared by Dialog, revision 13, November 29, 2024.
9. Site Sections & Elevations 2, dwg L5.01 prepared by Dialog, revision 13, November 29, 2024.
10. Site Details – Hardscape & Softscape, dwg L6.00 prepared by Dialog, revision 13, November 29, 2024.
11. Site Details – Furniture, dwg L6.01 prepared by Dialog, revision 13, November 29, 2024.
12. Site Servicing Plan, dwg SSP-1 prepared by DSEL, revision 3, January 20, 2023.
13. Grading Plan, dwg GP-1 prepared by DSEL, revision 3, January 20, 2023.
14. Stormwater Management Plan, dwg SWM-1 prepared by DSEL, revision 3, January 20, 2023.
15. Sanitary Drainage Plan, dwg SAN-1 prepared by DSEL, revision 3, January 20, 2023.
16. Erosion Control Plan, dwg EC-1 prepared by DSEL, revision 3, January 20, 2023.
17. Tree Conservation Plan, dwg 1186 prepared by IFS Associates, July 8, 2022.

The approval of the above plans and drawings is based on the following reports:

1. Site Servicing and Stormwater Management Report, prepared by DSEL, dated December 7, 2022.
2. Cultural Heritage Impact Statement, prepared by MTBA dated June 30, 2022.
3. Transportation Impact Assessment, prepared by CGH Transportation dated December 11, 2022.
4. Roadway Traffic Noise Detailed Assessment, prepared by Gradient Wind dated June 29, 2022.
5. Pedestrian Level Wind Study, prepared by Gradient Wind dated June 6, 2022.
6. Remedial Action Plan, prepared by Terrapex dated June 29, 2022.
7. Phase One Environmental Site Assessment, prepared by Terrapex dated June 23, 2021.
8. Phase Two Environmental Site Assessment, prepared by Terrapex dated June 23, 2021.
9. Geotechnical Investigation Report, prepared by Terrapex dated November 4, 2021.
10. Tree Conservation Report, prepared by IFS Associates Inc., dated July 8, 2020.

ATTACHMENT 4

Conditions of Site Plan Approval

1. Site Plan Agreement and Lapsing of Approval

The Owner shall enter into a Site Plan Control Agreement, including all standard and special conditions, financial and otherwise, as required by the City. In the event that the Owner fails to sign the Agreement, complete the conditions to be satisfied prior to the signing of the Agreement, and have the corresponding building permit(s) issued within three (3) years of Site Plan approval, the approval shall lapse.

2. Barrier Curbs

The Owner acknowledges and agrees that the parking areas and entrances shall have barrier curbs and shall be constructed in accordance with the drawings of a design professional, such drawings to be approved by the General Manager, Planning, Development and Building Services.

3. Water Supply for Fire Fighting

The Owner shall provide adequate water supply for fire fighting for every building. Water supplies may be provided from a public water works system, automatic fire pumps, pressure tanks or gravity tanks.

4. Reinstatement of City Property

The Owner shall reinstate, at its expense and to the satisfaction of the General Manager, Planning, Development and Building Services, any property of the City, including, but not limited to, sidewalks, curbs and boulevards, which is damaged as a result of the subject development.

5. Construction Fencing

The Owner acknowledges and agrees to install construction fencing, at its expense, in such a location as may be determined by the General Manager, Planning, Development and Building Services.

6. Construct Sidewalks

The Owner shall design and construct sidewalk(s) within public rights-of-way or on other City owned lands to provide a pedestrian connection from or to the site as may be determined by the General Manager, Planning, Development and Building Services. Such sidewalk(s) shall be constructed to City Standards.

7. Extend Internal Walkway

The Owner shall extend internal walkways beyond the limits of the subject lands to connect to existing or proposed public sidewalks, at the sole expense of the Owner, to the satisfaction of the General Manager, Planning, Development and Building Services.

8. Completion of Works

The Owner acknowledges and agrees that no new building will be occupied on the lands until all requirements with respect to completion of the Works as identified in the Site Plan Agreement have been carried out and received Approval by the General Manager, Planning, Development and Building Services, including the installation of municipal numbering provided in a permanent location visible during both day and night and the installation of any street name sign on relevant streets. Notwithstanding the non-completion of the foregoing Works, occupancy of a lot or structure may otherwise be permitted, if in the sole opinion of the General Manager, Planning, Development and Building Services, the aforesaid Works are proceeding satisfactorily toward completion. The Owner shall obtain the prior consent of the General Manager, Planning, Development and Building Services for such occupancy in writing.

Until all requirements with respect to completion of the Works as identified in the Site Plan Agreement have been carried out and received Approval by the General Manager, Planning, Development and Building Services, the Owner shall give notice to the City of a proposed conveyance of title to any building at least thirty (30) days prior to any such conveyance. No conveyance of title to any building shall be effective unless the Owner has complied with this provision.

Nothing in this clause shall be construed as prohibiting or preventing the approval of a consent for severance and conveyance for the purposes of obtaining financing.

9. Development Charges

The Owner shall pay development charges to the City in accordance with the by‑laws of the City.

10. Designated Substances Survey

Prior to demolition of any existing buildings located on the lands , the Owner acknowledges and agrees to complete a designated substances survey and submit the findings and recommendations for the proper handling and disposal of waste as identified in said survey, to the satisfaction of the General Manager, Planning, Development and Building Services, and in accordance with Best Management Practices. The survey shall address, but not be limited to:

O.Reg. 278/05: Designated Substance - Asbestos on Construction Projects and in Buildings and Repair Operations under the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended (O.Reg. 278/05);

Guideline - Lead on Construction Projects, prepared by the Ontario Ministry of Labour - Occupational Health and Safety Branch, published September 2004 and revised April 2011, as amended;

O.Reg. 213/91: Construction Projects under the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended (O.Reg. 213/91);

Registration Guidance Manual for Generators of Liquid Industrial and Hazardous Waste, prepared by the Ontario Ministry of the Environment, Conservation and Parks, published April 1995 and revised January 2016, as amended, to be used in conjunction with R.R.O. 1990, Reg. 347: General-Waste Management under the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended (R.R.O. 1990, Reg. 347);

R.R.O. 1990, Reg. 362: Waste Management – PCB’s under the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended (R.R.O. 1990, Reg. 362).

11. Private Approach Detail

(a) The Owner agrees that all private approaches, including temporary construction access to the subject lands, shall be designed and located in accordance with and shall comply with the City’s Private Approach By-Law, being By-law No. 2003-447, as amended, and shall be subject to approval of the General Manager, Planning, Development and Building Services.

(b) The Owner acknowledges and agrees that all private approaches serving the proposed development shall be designed and constructed, at the sole expense of the Owner, in accordance with the City’s “Curb Return Entrances – Uncontrolled Intersections” Plan, Drawing No. SC7.1, dated March 2007 and revised March 2021, and the Owner shall comply with the City’s Private Approach By-law, being No. 2003-447, as amended.

12. Maintenance and Liability Agreement for Landscaping

The Owner acknowledges and agrees it shall be required to enter into a Maintenance and Liability Agreement with the City, for those elements which are to be located in the City’s Hamilton Avenue North, Wellington Street West and Parkdale Avenue rights-of-way, as shown on the approved Landscape Plan, including all plant and landscaping material (except municipal trees), benches and pavers. The Maintenance and Liability Agreement shall be registered on title, at the Owner’s expense, immediately after the registration of the Site Plan Agreement. The Owner shall assume all maintenance and replacement responsibilities in perpetuity.

13. Cash-in-Lieu of Parkland

Upon execution of the Site Plan Agreement, the Owner shall pay cash-in-lieu of parkland. The Owner shall also pay the parkland appraisal fee of $800.00 plus H.S.T. of $104.00. Pursuant to the City’s Parkland Dedication By-law, being By-law No. 2022-280, as amended, 40% of said funds collected shall be directed to City wide funds, and 60% shall be directed to Ward 15 funds.

14. Heritage

(a) The Owner agrees to continue to work with Heritage staff on the development and implementation of an interpretation program for the site; final details for the program to be provided for staff approval;

(b) The Owner agrees to continue to work with Heritage Staff and their Heritage Consultant on the colour and details for the proposed lighting of the marquee to ensure consistency with historic documentation, as appropriate; final details to be provided for Heritage staff approval prior to the issuance of the Building Permit;

(c) The Owner agrees to provide the final selection of cladding materials for the recreated theatre elements for Heritage staff approval prior to the issuance of a Building Permit.

15. Road Widening Prior to registration of the Site Plan Agreement, the Owner acknowledges and agrees to convey to the City, at no cost to the City, an unencumbered road widening across the complete Wellington Street West frontage of the lands, measuring 10 metres from the existing centreline of pavement/the abutting right-of-way. The exact widening must be determined by legal survey. The Owner shall provide a reference plan for registration, indicating the widening, to the City Surveyor for review and approval prior to its deposit in the Land Registry Office. Such reference plan must be tied to the Horizontal Control Network in accordance with the municipal requirements and guidelines for referencing legal surveys. The Owner acknowledges and agrees to provide an electronic copy of the Transfer and a copy of the deposited reference plan to the City Solicitor prior to the execution of the Site Plan Agreement by the City. All costs shall be borne by the Owner.

16. Fire Department Connection The Owner shall ensure that the Fire Department connection (Siamese connection) is properly illustrated on the site plan and servicing plan(s) that are submitted for Building Permit Review.

17. Geotechnical Investigation

The Owner acknowledges and agrees that it shall retain the services of a geotechnical engineer, licensed in the Province of Ontario, to ensure that the recommendations of the Geotechnical Investigation Report are fully implemented. The Owner further acknowledges and agrees that it shall provide the General Manager, Planning, Development and Building Services with confirmation issued by the geotechnical engineer that the Owner has complied with all recommendations and provisions of the Report, prior to construction of the foundation and at the completion of the Works, which confirmation shall be to the satisfaction of the General Manager, Planning, Development and Building Services.

18. Geotechnical - Encroachments

The Owner acknowledges and agrees that the Geotechnical Investigation Report has recommended a method of shoring that may encroach onto the adjacent property or onto the City’s Wellington Street, Parkdale Avenue, and Hamilton Avenue N. rights-of way. The Owner acknowledges and agrees that it shall be required to obtain the approval of the adjacent property owner and/or receive municipal consent for any Works within the said Road, prior to the installation of any encroachments. The Owner acknowledges and agrees that for encroachments within the said Road, the Owner shall ensure that there will be no conflicts between the proposed shoring method and the municipal services or utilities in the said Road.

19. Record of Site Condition

Prior to the issuance of any building permit, the Owner shall submit to the General Manager, Planning, Development and Building Services, and the Chief Building Official, a Record of Site Condition (“RSC”) completed in accordance with the Environmental Protection Act, R.S.O. 1990, c. E.19, O.Reg. 153/04 (“O.Reg. 153/04”), as amended, and such RSC shall be acknowledged by the Ministry of the Environment, Conservation and Parks. The RSC shall confirm that all or part of the site is suitable for the proposed use in accordance with O.Reg. 153/04. The City may issue a building permit on a phased basis to allow for site investigation and remediation activities if permitted by O.Reg. 153/04 which shall be at the sole discretion of the Chief Building Official.

20. Notices on Title – All Units (Below Grade Parking and Depressed Driveways)

The Owner acknowledges and agrees that a notice shall be registered on title to the subject lands, at the Owner’s expense. The Owner further acknowledges and agrees that such notice on title, or the clauses as written directly below, shall be included in all agreements of purchase and sale and lease agreements to inform prospective purchasers and tenants of these matters. The notice on title shall include, but not be limited to, the following:

The Owner, or any subsequent owner of the whole or any part of the subject lands, acknowledges and agrees that all agreements of purchase and sale or lease agreements shall contain the following clauses, which shall be covenants running with the subject lands:

“The Purchaser/Lessee for himself, his heirs, executors, administrators, successors and assigns acknowledges being advised that during major storm events, depressed driveways and below grade parking areas may be subject to flooding due to drainage from the road allowance. The Purchaser/Lessee further acknowledges being advised that the City of Ottawa shall not be liable for flooding claims. Backwater valves are recommended for installation on catch basins located in depressed driveways.”

“The Purchaser/Lessee covenants with the Vendor/Lessor that the above clauses, verbatim, shall be included in all subsequent agreements of purchase and sale, and lease agreements for the lands described herein, which covenant shall run with the said lands.”

21. Protection of City Sewers

(a) Prior to the issuance of a building permit, the Owner shall, at its expense:

(i) provide the General Manager, Planning, Development and Building Services with the engineering report from a Professional Engineer, licensed in the Province of Ontario, which report shall outline the impact of the proposed building's footing and foundation walls, on the City sewer system, that crosses the Hamilton Avenue North frontage (the “City Sewer System”) and the impact of the existing City Sewer System on the building’s footing and foundation walls;

(ii) obtain a legal survey acceptable to the General Manager, Planning, Development and Building Services and the City’s Surveyor, showing the existing City Sewer System within Hamilton Avenue North and the location of the proposed building and its footings in relation to the City Sewer System;

(iii) obtain a video inspection of the City Sewer System within Hamilton Avenue North prior to any construction to determine the condition of the existing City Sewer System prior to construction on the lands and to provide said video inspection to the General Manager, Planning, Development and Building Services.

(b) Upon completion of construction on the lands, the Owner shall, at its expense and to the satisfaction of the General Manager, Planning, Development and Building Services:

(i) obtain a video inspection of the existing City Sewer System within Hamilton Avenue North frontage to site to determine if the City Sewer System sustained any damages as a result of construction on the lands; and

(ii) assume all liability for any damages caused to the City Sewer System within Hamilton Avenue North frontage to site and compensate the City for the full amount of any required repairs to the City Sewer System.

22. Stormwater Works Certification

Upon completion of all stormwater management Works, the Owner acknowledges and agrees to retain the services of a Professional Engineer, licensed in the Province of Ontario, to ensure that all measures have been implemented in conformity with the approved Plans and Reports, referenced in Attachment 3 herein. The Owner further acknowledges and agrees to provide the General Manager, Planning, Development and Building Services with certificates of compliance issued by a Professional Engineer, licensed in the Province of Ontario, confirming that all recommendations and provisions have been implemented in accordance with the approved Plans and Reports referenced in Attachment 3 herein.

23. Inlet Control Devices (ICDs)

The Owner acknowledges and agrees to install and maintain in good working order the required in-ground stormwater inlet control devices, as recommended in the approved Site Servicing and Stormwater Management Report, referenced in Attachment 3 herein. The Owner further acknowledges and agrees it shall assume all maintenance and replacement responsibilities in perpetuity. The Owner shall keep all records of inspection and maintenance in perpetuity and shall provide said records to the City upon its request.

24. Water Demand for Fire Fighting

The Owner acknowledges and agrees that the City’s boundary conditions were provided for the subject development site setting out the available municipal water supply. The Owner further acknowledges and agrees that prior to building permit issuance, a letter shall be prepared by a qualified Building Code professional, licensed in the Province of Ontario, and provided to the General Manager, Planning, Development and Building Services confirming the plans submitted for building permit issuance have incorporated any and all requirements of the Fire Underwriters Survey, 2020, or as amended, to achieve the low construction coefficient used within the proposed building design.

25. Use of Explosives and Pre-Blast Survey

The Owner acknowledges and agrees that all blasting activities will conform to the City’s Standard S.P. No. F-1201 entitled Use of Explosives, as amended. Prior to any blasting activities, a pre-blast survey shall be prepared as per S.P. No. F-1201, at the Owner’s expense, for all buildings, utilities, structures, water wells and facilities likely to be affected by the blast based on the location where explosives are to be used. In particular, a pre-blast survey shall be completed in accordance with Table 1 of S.P. No. F-1201. The standard inspection procedure shall include the provision of an explanatory letter to the owner or occupant and owner with a formal request for permission to carry out an inspection.

26. Site Lighting Certificate

(a) The Owner acknowledges and agrees, prior to the issuance of a building permit, to provide the City with a certificate from an acceptable professional engineer, licensed in the Province of Ontario, which certificate shall state that the exterior site lighting has been designed to meet the following criteria:

(i) it must be designed using only fixtures that meet the criteria for full cut-off (sharp cut-off) classification, as recognized by the Illuminating Engineering Society of North America (IESNA or IES);

(ii) and it must result in minimal light spillage onto adjacent properties. As a guideline, 0.5 fc is normally the maximum allowable spillage.

(iii) The Owner acknowledges and agrees that, upon completion of the lighting Works and prior to the City releasing any associated securities, the Owner shall provide certification satisfactory to the General Manager, Planning, Development and Building Services, from a Professional Engineer, licensed in the Province of Ontario, that the site lighting has been constructed in accordance with the Owner’s approved design plan.

27. Replacement Trees in City’s Right-of-Way

Prior to registration of the Site Plan Agreement, the Owner acknowledges and agrees it shall pay the sum of the appraised value provided by Forestry to the City as compensation for the removal of City owned trees located within the City’s right-of-way along Wellington St, Parkdale Ave and Hamilton Ave N. Upon receipt of compensation, the Director of Parks, Forestry and Stormwater Services or their designate will provide the Owner with written approval, at which time the Owner may make arrangements with a contractor to remove the approved City trees at the Owner’s expense.

28. Signage Plan

The Owner agrees to provide the City with a signage plan for Parkdale Avenue and the proposed rear lane to restrict traffic to outbound only on Parkdale Avenue.

29. Street Lighting The Owner acknowledges and agrees to initiate a street light design process for the purpose of removing and relocating existing hydro poles to enable the planting of street trees. The Owner acknowledges and agrees that it will be responsible for the design and construction of new street lights to the satisfaction of the General Manager, Public Works or their delegate.

30. Notices on Title – Environmental Interferences or Disturbances from 390 Parkdale Avenue The Owner acknowledges and agrees that a notice shall be registered on title to the subject lands, at the Owner’s expense. The Owner further acknowledges and agrees that such notice on title, or the clauses as written directly below, shall be included in all agreements of purchase and sale and lease agreements to inform prospective purchasers and tenants of these matters. The notice on title shall include, but not be limited to, the following:

The Owner, or any subsequent owner of the whole or any part of the subject lands, acknowledges and agrees that all agreements of purchase and sale or lease agreements shall contain the following clauses, which shall be covenants running with the subject lands:

“The purchaser/tenant acknowledges and agrees that, due to the proximity of the development to the adjacent gas station located on lands municipally known as 390 Parkdale Avenue, Ottawa (the “Facility”), noise, artificial light, vehicle emissions, odours, vibrations, vehicular and pedestrian traffic and other similar environmental interferences or disturbances from the Facility, existing now or in future (collectively, the “Interferences”), may at times and from time to time interfere with some activities and enjoyment of the owners/tenants, occupants and guests of the development. Interferences may, in some instances, despite the inclusion of noise, vibration or other control or attenuation features within the development, exceed relevant criteria established by applicable governmental authorities for such Interferences. The owner(s) of the Facility does not and will not accept responsibility for any impact of such Interferences on any of the development and any of its owners/tenants, occupants and guests. Each purchaser/tenant is further advised that municipal sound level requirements applicable to any or all adjacent industry, facility and utility uses, including the Facility, are based on the assumption that windows and exterior doors are closed. The development has been supplied with a ventilation/air conditioning system which will allow windows and exterior doors of each residential dwelling unit to remain closed. By entering into an agreement of purchase and sale/lease, or otherwise taking occupation of any part of the development, the purchaser/tenant acknowledges, covenants and agrees: (i) to fully release the owner of the Facility from all claims, losses, judgments or actions arising or resulting from any and all Interferences; and (ii) that a warning clause similar to the one contained herein shall be inserted into any succeeding lease, sublease or purchase or sales agreement/sublease, and that this requirement shall be binding not only on the parties hereto but also their respective successors and assigns [and shall not merge on the closing of the transaction].”

31. Building Entrances The Owner acknowledges and agrees that building entrances will not function so as to encroach into the City’s right of way, including door swings, and that any revision to the approved Site Plan to achieve this will require approval by the General Manager, Planning, Development and Building Services.

32. Corner Sight Triangle

Prior to registration of the Site Plan Agreement, the Owner acknowledges and agrees to convey to the City, at no cost to the City, an unencumbered corner sight triangle measuring 2.3 metres x 2.3 metres at the intersection of Wellington Street West and Hamilton Street North. The exact location and area of the corner sight triangle must be determined by legal survey. The Owner shall provide a reference plan for registration, indicating the corner sight triangle, to the City Surveyor for review prior to its deposit in the Land Registry Office. Such reference plan must be tied to the Horizontal Control Network in accordance with the municipal requirements and guidelines for referencing legal surveys. The Owner acknowledges and agrees to provide an electronic copy of the Transfer and a copy of the deposited reference plan to the City Solicitor prior to the execution of the Site Plan Agreement by the City. All costs shall be borne by the Owner.

33. Waste Collection

The Owner acknowledges and agrees that residential cart (and/or container) garbage, recycling, and organic waste collection will be provided by the City from a centralized refuse room or area. The Owner shall provide, at its own expense, adequate storage for the containers and carts and acknowledges it is recommended that they be placed on a concrete floor. The Owner shall provide an adequately constructed road for direct access to the garbage/recycling/organic waste storage room or area suitable for garbage/recycle/organic waste collection vehicles. Any additional services (i.e. winching of containers) may result in extra charges. It is expressly acknowledged that this service may be amended or discontinued at the City’s sole discretion, if in the City’s opinion, access is not appropriate or due to policy/process changes within the operating department.

34. Exterior Elevations Drawings

The Owner acknowledges and agrees to construct the proposed building in accordance with the approved Elevations. The Owner further acknowledges and agrees that any subsequent proposed changes to the approved plans shall be filed with the General Manager, Planning, Development and Building Services and agreed to by both the Owner and the City prior to the implementation of such changes. No amendment to the Site Plan Agreement shall be required.

35. Notice on Title – On-site Parking

The Owner acknowledges and agrees that a notice shall be registered on title to the subject lands, at the Owner’s expense. The Owner further acknowledges and agrees that such notice on title, or the clauses as written directly below, shall be included in all agreements of purchase and sale and lease agreements to inform prospective purchasers and tenants of these matters. The notice on title shall include, but not be limited to, the following:

The Owner, or any subsequent owner of the whole or any part of the subject lands, acknowledges and agrees that all agreements of purchase and sale or lease agreements shall contain the following clauses, which shall be covenants running with the subject lands:

“The purchaser/lessee for themself, their heirs, executors, administrators, successors and assigns, acknowledges being advised that the unit being sold/rented may not be provided with any on-site parking. Should the purchaser/lessee have a vehicle for which they wish to have parking, alternative and lawful arrangements may need to be made to address their parking needs at an alternate location and that such arrangements are solely the responsibility of the person seeking parking. The purchaser/lessee acknowledges that the availability and regulations governing on-street parking vary; that access to on-site street parking, including through residential on-street parking permits issued by the City of Ottawa, cannot be guaranteed now or in the future; and that the purchaser/lessee intending to rely on on-street parking for their vehicle or vehicles does so at their own risk.”

“The purchaser/lessee covenants with the vendor/lessor that the above clauses, verbatim, shall be included in all subsequent agreements of purchase and sale and lease agreements for the lands described herein, which covenant shall run with the said lands.”

36. Permanent Encroachment Agreement

The Owner acknowledges and agrees to enter into a permanent Encroachment Agreement to permit the encroachment of the entrance canopy to be constructed within the City’s Hamilton Avenue North and Wellington Street right-of-way. The Owner shall, at its expense, provide a reference plan for registration, indicating the approved encroachments, and the Owner shall submit the draft reference plan to the City’s Surveyor for review and approval prior to its deposit in the Land Registry Office. The Owner further acknowledges and agrees that the cost of preparation and registration of the Encroachment Agreement will be borne by the Owner.

37. Letter of Tolerance – Right-of-Way

The Owner shall, within four (4) weeks of Site Plan Control Approval by final order of the Ontario Land Tribunal, file with the General Manager, Planning, Development and Building Services a copy of the letter of tolerance issued by the Right-of-Way Unit for the encroachment of the entrance canopy to be constructed within the City’s Hamilton Avenue North and Wellington Street right-of-way, as shown on the approved Site Plan, referenced in Attachment 3 herein.

38. Community Benefits Charge

The Owner acknowledges that the development is subject to payment of a Community Benefits Charge payable at the time of building permit issuance, calculated in accordance with the Community Benefits Charge By-law 2022-307 (as amended from time to time) and the Planning Act.

For the purposes of calculating the charge payable, the City will provide a property valuation which has an effective date of the date of the site plan approval. An estimate of the Community Benefits Charge will further be provided based on that valuation and the currently proposed area subject to development or redevelopment. The Owner acknowledges that the City will collect this amount at the time of building permit issuance, provided (a) the first building permit is issued within twenty-four months of the date of the present site plan approval and (b) the land area subject to development or redevelopment has not changed.

39. Transit Pads and Shelters

The Owner shall locate, design and construct, at no cost to the City, paved transit passenger standing areas/shelter pads to the specifications of the City.

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

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.