Committee of Adjustment

Comité de dérogation

Date of Decision

June 28, 2024

Panel:

3 - Rural

File Nos.:

D08-01-23/B-00339 and D08-01-23/B-00340

Application:

Consent under Section 53 of the Planning Act

Owner/Applicant:

15040787 Canada Inc.

Property Address:

897 William Mooney Road

Ward:

5 – West Carleton-March

Legal Description:

Part of Lots 8 and 9, Concession 4, Geographic Township of West Carleton

Zoning:

Zoning By-law:

2008-250

Heard:

June 18, 2024, in person and by videoconference

APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS

1The Owner wants to subdivide its property into three separate parcels of land to create two new lots for residential development.

2On February 6, 2024, the Committee adjourned the scheduled hearing of the applications to allow the Applicant time to obtain an Environmental Impact Study. The Applicant subsequently submitted the study.

3The Applicant requires the Committee’s consent to sever the land. The property is shown as Parts 1 and 2 on a Draft 4R-Plan filed with the applications and the separate parcels will be as follows:

Table 1 Proposed Parcels

File No.

Frontage

Depth

Area

Part No.

Municipal Address

B-00339

50 metres

166.58 metres

8,372.2 sq. metres

889 William Mooney Road

B-00340

50.77 metres

166.58 metres

8,444 sq. metres

883 William Mooney Road

4The land to be retained, shown on a sketch filed with the applications, will have a frontage of 50 metres, an irregular depth and a lot area of 16.36 hectares. This parcel is vacant and will be known as 897 William Mooney Road.

5The applications indicate the property is not subject to any other current application under the Planning Act.

PUBLIC HEARING

Oral Submissions Summary

6Patricia Warren, Agent for the Applicant, confirmed that the submitted Environmental Impact Study concluded that there would be no impact to the trees on the subject lot.

7City Planner Stephan Kukkonen was also present.

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); 2016, c. 25, Sched. 4, s. 8 (2).

Evidence

9Evidence 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 a cover letter, Environmental Impact Study, parcel register abstract, plans, photo of the posted sign, and a sign posting declaration.
City Planning Report received June 13, 2024, with no concerns; received February 1, 2024, requesting adjournment.
Mississippi Valley Conservation Authority email received June 11, 2024, with no objections; received January 30, 2024, with objections.
Hydro Ottawa email received June 14, 2024, with no comments; received January 30, 2024, with no comments.
Ontario Ministry of Transportation email received February 5, 2024, with comments.
L. La Fave, resident, email received February 5, 2024, with no comments.
S. Fitzgerald, resident, email received February 5, 2024, with concerns.

Effect of Submissions on Decision

10The Committee considered all written and oral submissions relating to the applications in making its decision and granted the applications.

11The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications subject to the requested conditions agreed to by the Applicant’s Agent.

12Based 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.

13THE COMMITTEE OF ADJUSTMENT therefore grants the provisional consent, subject to the following conditions, which must be fulfilled within a two-year 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. Information regarding the appraisal process can be obtained by contacting the Planner.

That the Owner enter into an Agreement with the City, at the expense of the Owner(s) and to the satisfaction of the Manager of the Development Review All Wards Branch, or their designate, which provides the following covenant/notice that runs with the land and binds future Owner(s) on subsequent transfers:

“The City of Ottawa does not guarantee the quality or quantity of the groundwater. If, at some future date, the quality or the quantity of the groundwater becomes deficient, the City of Ottawa bears no responsibility, financial or otherwise, to provide solutions to the deficiency, such solutions being the sole responsibility of the homeowner.

The Committee requires a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.

That the Owners provide a report, to the satisfaction of the City of Ottawa, demonstrating the adequacy of the aquifer with respect to quality and quantity to support the proposed development, failing which the Owners construct a new well on the severed lot and provide a report, to the satisfaction of the City of Ottawa, to demonstrate the adequacy of the aquifer with respect to quality and quantity to support the proposed development. The report must include a septic impact assessment to evaluate the water quality impact of the on-site septic system on the receiving aquifer.

The Owners’ report must demonstrate the following to the City of Ottawa:

That the construction of any new well on the severed parcel is in accordance with the Ministry of the Environment, Conservation and Parks
That the quality of the water meets the Ministry of the Environment, Conservation and Parks Regulations, Standards, Guidelines and Objectives;
That the quantity of water meets all the Ministry of the Environment, Conservation and Parks requirements.
That the septic impact assessment meets the Ministry of the Environment, Conservation and Parks requirements.

A qualified Professional Engineer or Professional Geoscientist must prepare the report. It is the Owner’s responsibility to coordinate the person drilling a new well, if required, and the professional noted herein in order to properly satisfy this condition.

If the accepted report recommends specific mitigation measures or design requirements, the Owners shall enter into a Development Agreement with the City, at the expense of the Owners, which is to be registered on the title of the property, which includes those recommendations. In instances where the subject site has sensitive soils, the drilling of a well or the conveyance of a 30- centimetre reserve may be required. Both the report and any required Development Agreement shall be prepared to the satisfaction of the Manager of the Development Review All Wards Branch, or their designate.

That the Owner enter into an Agreement with the City, at the expense of the Owner(s) and to the satisfaction of the Manager of the Development Review All Wards Branch, or their designate which provides the following covenant/notice that runs with the land and binds future Owner(s) on subsequent transfers:

“The City of Ottawa has identified that there are potential karst topography and sensitive marine clays within the area that may require site specific detailed geotechnical engineering solutions to allow for development, the City of Ottawa bears no responsibility, financial or otherwise, to provide solutions to the deficiency, such solutions being the sole responsibility of the homeowner.”

The Committee requires a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.

That the Owner(s) enter into a Development Agreement with the City, at the expense of the Owner(s) and to the satisfaction of the Manager of the Development Review All Wards Branch, or their designate, to be placed on title that includes the development envelopes and mitigation measures identified in the “897 and 919 William Mooney Road Environmental Impact Study – Severances” provided by Muncaster Planning Inc. and dated May 14th, 2024.

The Committee requires a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.

That the Owner enter into an Agreement with the City, at the expense of the Owner(s) and to the satisfaction of the Manager of the Development Review All Wards Branch, or their designate which provides the following covenant/notice that runs with the land and binds future Owner(s) on subsequent transfers:

“The property is located within three kilometres of an operating solid waste disposal site and therefore may be subject to noise, dust, odours, trucking traffic, and other activities associated with that use.”

The Committee requires a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.

That the Owner acknowledges and agrees to convey to the City, at no cost to the City, an unencumbered road widening across the complete frontage of the lands, measuring 13 meters from the existing centerline of pavement/the abutting right-of-way along William Mooney Road pursuant to Section 50.1(25)(c) of the Planning Act and Schedule C16 of the City’s new Official Plan. 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(s) must provide to the City Surveyor a copy of the Committee of Adjustment Decision and a draft Reference Plan that sets out the required widening. The Committee requires written confirmation from City Legal Services that the transfer of the widening to the City has been registered. All costs shall be borne by the Owner.

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 conveyances for which the consent is required.

“Jocelyn Chandler” JOCELYN CHANDLER ACTING PANEL CHAIR

Absent TERENCE OTTO MEMBER

“Beth Henderson” BETH HENDERSON MEMBER

“Martin Vervoort” MARTIN VERVOORT MEMBER

Absent WILLIAM HUNTER VICE-CHAIR

I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated June 28, 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 July 18, 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

All technical studies must be submitted to the Planning, Development and Building Services 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.

Ce document est également offert en français.

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

15040787 Canada Inc., 2024 CanLII 147979

Case Summary

APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS

PUBLIC HEARING

Oral Submissions Summary

DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS GRANTED

Applications Must Satisfy Statutory Tests

Criteria

Evidence

Effect of Submissions on Decision

NOTICE OF RIGHT TO APPEAL

NOTICE TO APPLICANT

APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS

CONSENT IS REQUIRED FOR THE FOLLOWING

PUBLIC HEARING

Oral Submissions Summary

DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS GRANTED

Applications Must Satisfy Statutory Tests

Criteria

Evidence

Effect of Submissions on Decision

NOTICE OF RIGHT TO APPEAL

NOTICE TO APPLICANT