Committee of Adjustment
Comité de dérogation
DECISION
CONSENT/SEVERANCE
Panel: 2 - Suburban
Application: Consent under Section 53 of the Planning Act
Owner/Applicant: Madelana Holdings Ltd.
Property Address: 1641 and 1655 Comstock Road
Ward: 11 – Beacon Hill-Cyrville
Legal Description: Part of Lot 25, Concession 2 (Ottawa Front) Geographic Township of Gloucester
Zoning: 1L2 F(0.7) H(14)
Zoning By-law: 2008-250
Hearing Date: October 17, 2023, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Owner wants to subdivide its property into two separate parcels of land for two existing industrial buildings, with one building on each parcel. The application indicates that the parcels were previously separate and have since merged.
CONSENT IS REQUIRED FOR THE FOLLOWING
2The Owner requires the Committee’s consent to sever land.
3The severed land is shown as Part 2 on a Draft 4R-Plan filed with the application, will have a frontage of 55.8 metres, an irregular depth of 83.19 metres, and a lot area of 4,673 square metres. This parcel will contain the existing industrial building known municipally as 1641 Comstock Road.
4The retained land is shown as Part 1 on said plan, will have a frontage of 130.14 metres, an irregular depth of 105.66 metres, and a lot area of 14,335 square metres. This parcel will contain the existing industrial building known municipally as 1655 Comstock Road.
5The application indicates the property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
6Ralph Grittani, Agent for the Applicant, provided an overview of the application and responded to questions from the Committee.
7City Planner Cass Sclauzero responded to a question from the Committee regarding parkland dedication requirements and recommended that the condition requested in her Planning Report be amended to require evidence of payment of cash-in-lieu of parkland, if required, or evidence of an exemption from the requirement.
8Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Tests
9Under the Planning Act, the Committee has the power to grant a consent if it is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. Also, the Committee must be satisfied that an application is consistent with the Provincial Policy Statement and has regard for matters of provincial interest under section 2 of the Act, as well as the following criteria set out in subsection 51(24):
Criteria
(24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to,
a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2;
b) whether the proposed subdivision is premature or in the public interest;
c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;
d) the suitability of the land for the purposes for which it is to be subdivided;
d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing;
e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;
f) the dimensions and shapes of the proposed lots;
g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;
h) conservation of natural resources and flood control;
i) the adequacy of utilities and municipal services;
j) the adequacy of school sites;
k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;
l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and
m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2)
of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32,
s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2).
Evidence
10Evidence considered by the Committee included all oral submissions made at the hearing, as highlighted above, and the following written submissions held on file with the Secretary-Treasurer and available from the Committee Coordinator upon request:
Application and supporting documents, including cover letter, plans, parcel register, photo of the posted sign, and a sign posting declaration.
City Planning Report received October 12, 2023, with no concerns.
Rideau Valley Conservation Authority email dated October 11, 2023, with no objections.
Hydro Ottawa email dated October 10, 2023, with no comments.
Effect of Submissions on Decision
11The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
12The Committee notes that the City’s Planning Report raises “no concerns” regarding the application.
13Based on the evidence, the Committee is satisfied that the proposal is consistent with the Provincial Policy Statement that promotes efficient land use and development as well as intensification and redevelopment within built-up areas, based on local conditions. The Committee is also satisfied that the proposal has adequate regard to matters of provincial interest, including the orderly development of safe and healthy communities; the appropriate location of growth and development; and the protection of public health and safety. Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. Moreover, the Committee is satisfied that the proposal has adequate regard for the criteria specified under subsection 51(24) of the Planning Act and is in the public interest.
14THE COMMITTEE OF ADJUSTMENT therefore grants the provisional consent, subject to the following conditions, which must be fulfilled within a two-year period from the date of this Decision:
- That the Owner(s) provide evidence that payment has been made to the City of Ottawa for cash-in-lieu of the conveyance of land for park or other public recreational purposes, plus applicable appraisal costs. The value of land otherwise required to be conveyed shall be determined by the City of Ottawa in accordance with the provisions of By-Law No. 2022-280, as amended.
OR
That the Owner(s) provide evidence of an exemption from the requirement for payment of cash-in-lieu of the conveyance of land for park or other public recreational purposes, to the satisfaction of the Development Review Manager within the Planning, Real Estate and Economic Development Department, or their designate.
That the Owner(s) satisfy the Chief Building Official, or designate, by providing design drawings or other documentation prepared by a qualified designer, that as a result of the proposed severance to the existing building on Part 2 of the Draft 4R Plan shall comply with the Ontario Building Code, O. Reg. 332/12 as amended, in regard to the limiting distance along the northerly of the proposed property line. If necessary, a building permit shall be obtained from Building Code Services for any required alterations.
That the Owner(s) file with the Committee a copy of the registered Reference Plan prepared by an Ontario Land Surveyor registered in the Province of Ontario, and signed by the Registrar, confirming the frontage and area of the severed land. If the Registered Plan does not indicate the lot area, a letter from the Surveyor confirming the area is required. The Registered Reference Plan must conform substantially to the Draft Reference Plan filed with the Application for Consent.
That upon completion of the above conditions, and within the two-year period outlined above, the Owner(s) file with the Committee, the “electronic registration in preparation documents” for the Conveyance for which the Consent is required.
Absent FABIAN POULIN VICE-CHAIR
“Jay Baltz” JAY BALTZ MEMBER
“George Barrett” GEORGE BARRETT ACTING PANEL CHAIR
“Heather MacLean” HEATHER MACLEAN MEMBER
“Julianne Wright” JULIANNE WRIGHT MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated OCTOBER 27, 2023
“Michel Bellemare” MICHEL BELLEMARE SECRETARY-TREASURER
NOTICE OF RIGHT TO APPEAL
To appeal this decision to the Ontario Land Tribunal (OLT), a completed appeal form along with payment must be received by the Secretary-Treasurer of the Committee of Adjustment by NOVEMBER 16, 2023, delivered by email at cofa@ottawa.ca and/or by mail or courier to the following address:
Secretary-Treasurer, Committee of Adjustment,
101 Centrepointe Drive, 4th floor, Ottawa, Ontario, K2G 5K7
The Appeal Form is available on the OLT website at https://olt.gov.on.ca/. The Ontario Land Tribunal has established a filing fee of $400.00 per type of application with an additional filing fee of $25.00 for each secondary application. Payment can be made by certified cheque or money order made payable to the Ontario Minister of Finance, or by credit card. Please indicate on the Appeal Form if you wish to pay by credit card. If you have any questions about the appeal process, please contact the Committee of Adjustment office by calling 613-580-2436 or by email at cofa@ottawa.ca.
Only the applicant, the Minister or a specified person or public body that has an interest in the matter may appeal the decision to the Ontario Land Tribunal. A “specified person” does not include an individual or a community association.
There are no provisions for the Committee of Adjustment or the Ontario Land Tribunal to extend the statutory deadline to file an appeal. If the deadline is not met, the OLT does not have the authority to hold a hearing to consider your appeal.
If a major change to condition(s) is requested, you will be entitled to receive Notice of the changes only if you have made a written request to be notified.
NOTICE TO APPLICANT
All technical studies must be submitted to Planning, Real Estate and Economic Development Department a minimum of 40 working days prior to lapsing date of the consent. Should a Development Agreement be required, such request should be initiated 15 working days prior to lapsing date of the consent and should include all required documentation including the approved technical studies.
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Committee of Adjustment City of Ottawa Ottawa.ca/CommitteeofAdjustment cofa@ottawa.ca 613-580-2436
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