Committee of Adjustment / Comité de dérogation
DECISION
CONSENT/SEVERANCE
Date of Decision: June 16, 2023
File No(s).: D08-01-23/B-00118 & D08-01-23/B-00119
Application: Consent under Section 53 of the Planning Act
Owner(s)/Applicant(s): 2325483 Ontario Ltd.
Property Address: 2765 Palladium Drive
Ward: 6 - Stittsville
Legal Description: Block 242, Plan 4M-1687
Zoning: GM [2654]
Zoning By-law: 2008-250
Hearing Date: June 6, 2023
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS
1The Owner wants to subdivide the property into two separate parcels of land to create one new lot for a powersports dealership. The property is currently vacant.
CONSENT IS REQUIRED FOR THE FOLLOWING
2The Owner requires the Committee’s consent to sever. The property is shown as Parts 1 to 3 on a Draft 4R-Plan filed with the applications and the separate parcels will be as follows:
File Nos.
Frontage
Depth
Area
Part Nos.
Municipal Address
B-00118
119.53 m
78.5 m
9730.18 sq. m
1 & 2
425 Culdaff Road
B-00119
148.33 m
85.23 m
15940.04 sq. m
3
2765 Palladium Drive
PUBLIC HEARING
Oral Submissions Summary
3The Committee heard from Serene Shazadeh, agent for the Applicant, who questioned the need for the City’s requested conditions requiring a noise attenuation study and proof that a private approach permit could be obtained. She asserted that these conditions would be addressed at the time of future development through a Site Plan Control Application.
4In response to questions from the Committee, Ms. Shazadeh and Eric Bays, also acting as agent for the Applicant, stated that a noise attenuation study was likely prepared at an earlier date as part of the Plan of Subdivision, and believed that any prior noise study should be sufficient to address the City’s requested condition.
5Luke Teeft, City Planner, advised that the private approach and noise study conditions were requested to ensure that they would be captured, in the event that future development would not be subject to a Site Plan Control Application. He also advised that a previous noise study would indeed satisfy the City’s requested condition.
6The Committee agreed that any approval would be subject to all conditions requested in the City’s Planning Report, with modified wording for the noise attenuation study condition to recognize that a past noise study would be sufficient.
7Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE:
APPLICATIONS GRANTED
Applications Must Satisfy Statutory Tests
8Under 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)](https://www.canlii.org/en/on/laws/astat/so-2