Committee of Adjustment
Comité de dérogation
DECISION
CONSENT/SEVERANCE
November 15, 2024
Panel:
3 - Rural
D08-01-24/B-00189 to D08-01-24/B-00193
Application:
Consent under Section 53 of the Planning Act
Applicant:
Hierarchy Custom Homes Inc.
Property Address:
930 Smith Road
Ward:
19 – Orléans South-Navan
Legal Description:
Part of Lot 10, Concession 9, Geographic Township of Cumberland
Zoning:
DR3
Zoning By-law:
2008-250
Heard:
November 5, 2024, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS
1The Applicant wants to establish easements for emergency vehicle access, as shown on the plans filed with the Committee.
CONSENT IS REQUIRED FOR THE FOLLOWING
2The Applicant requires the Committee’s consent for grants of easements/rights-of-way. The property is shown as Parts 1 to 20 on a draft 4R-plan filed with the applications and the easements will be as follows:
Over Parts 12 and 16 in favor of Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 17, 18, 19, and 20, for emergency vehicle access.
Over Parts 10, and 17 in favor of Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 18, 19, and 20 for emergency vehicle access.
Over Parts 8 and 18 in favor of Parts 1, 2, 3, 4, 5 6 7, 19, and 20 for emergency vehicle access.
Over Parts 6 and 19 in favor of Parts 1, 2, 3, 4, and 20 for emergency vehicle access.
Over Parts 4 and 20, in favor of Parts 1 and 2 for emergency vehicle access.
3The subject property is not the subject of any other current applications under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
4John Paul Boisvert, Agent for the Applicant, and City Planner Luke Teeft were present.
5There were no objections to granting these unopposed applications as part of the Panel’s fast-track consent agenda.
DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS GRANTED
Application(s) Must Satisfy Statutory Tests
6Under 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
7Evidence 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:
Applications and supporting documents, including cover letter, plans, parcel abstract, photo of the posted sign, and a sign posting declaration.
City Planning Report received October 30, 2024, with no concerns.
South Nation Conservation Authority email received November 4, 2024, with no comments.
Hydro Ottawa email received November 1, 2024, with no comments.
Hydro One email received October 31, 2024, with no comments.
Ontario Ministry of Transportation email received October 18, 2024, with no comments.
Effect of Submissions on Decision
8The Committee considered all written and oral submissions relating to the applications in making its decision and granted the applications.
9The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications.
10Based 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.
11THE 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) 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 a grant of easement/right-of-way for which the Consent is required.
“Terence Otto” TERENCE OTTO VICE-CHAIR
“Gary Duncan” GARY DUNCAN MEMBER
Absent BETH HENDERSON MEMBER
“Martin Vervoort” MARTIN VERVOORT MEMBER
“Jocelyn Chandler” JOCELYN CHANDLER MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated November 15, 2024.
“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 December 5, 2024, 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(S)
Should a Development Agreement be required, such request should be initiated 30 working days prior to lapsing date of the consent and should include all required documentation including that related to transfers, easements, and postponements, and all approved technical studies. If you do not fulfill the conditions of provisional consent within the two-year period, the Planning Act provides that your application “shall be deemed to be refused”.
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Committee of Adjustment City of Ottawa Ottawa.ca/CommitteeofAdjustment cofa@ottawa.ca 613-580-2436
Comité de dérogation Ville d’Ottawa Ottawa.ca/Comitedederogation cded@ottawa.ca 613-580-2436