1435 & 1455 Morisset Residences Corp., 2024 CanLII 149596

Committee of Adjustment Comité de dérogation

Date of Decision: February 16, 2024 Panel: 2 - Suburban File No.: D08-01-23/B-00304 Application: Consent under Section 53 of the Planning Act Owner/Applicant: 1435 & 1455 Morisset Residences Corp. Property Address: 1435 and 1455 Morisset Avenue Ward: 16 – River Legal Description: Lots 230 to 251, Part of Cavan Street and Part of Larkin Street closed by Judge’s Order Instrument CR394977, and Part of the Lane closed by Judge’s Order Instrument CR404252, Registered Plan 327 Zoning: R4UC [2790] S459 Zoning By-law: 2008-250 Hearing Date: February 6, 2024

APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION

1The Owner wants to subdivide its property into two separate parcels of land to create one new lot for a three-storey, 31-unit, low-rise apartment building. The two existing apartment buildings will remain on the retained land, as part of a Planned Unit Development

2The Owner requires the Committee’s consent to sever and establish easements/rights-of-way.

3The severed land, shown as Parts 1 to 6 on a draft 4R-plan filed with the applications, will have a frontage of 61.02 metres, a depth of 30.68 metres, and a lot area of 1,864.4 square metres. This parcel will contain a low-rise apartment building and will be known municipally as 1465 Morisset Avenue.

4The retained land is shown as ~~Part 7~~ Part 8 on said plan, will have a frontage of 135.49 metres, a depth of 39.62 metres, and a lot area of 4,228 square metres. This parcel will contain the existing apartment buildings known municipally as 1435 & 1455 Morisset Avenue.

5It is proposed to establish easements/rights-of-way on the severed property, over Part 4 for vehicular and pedestrian access and over Parts 2, 3 and 5 for parking, in favour of the retained property.

PUBLIC HEARING

6Tim Beed, Agent for the Applicant and City Planner Siobhan Kelly were present.

7Tim Beed responded to questions from the Committee and confirmed the need to amend the application as follows:

The retained property is shown as ~~Part 7~~ Part 8 on said plan, will have a frontage of 135.49 metres, a depth of 39.62 metres, and a lot area of 4,228 square metres. This parcel will contain the existing apartment buildings known municipally as 1435 & 1455 Morisset Avenue.

8The Committee agreed to amend the application as highlighted above.

DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED

AS AMENDED

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 a planning rationale, revised application form, revised planning rationale, plans, tree information Report, photo of the posted sign, and a sign posting declaration.
City Planning Report received February 1, 2024, with no concerns.
Hydro Ottawa email received January 30, 2024, with comments.
Ministry of Transportation email received February 2, 2024, with no comments.
Rideau Valley Conservation Authority email received January 31, 2024, with no concerns

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, noting that “the proposed easements [...] will provide formal access to the shared parking area as contemplated with the redevelopment.”

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 an in-preparation draft of the Transfer Easement (including the easement schedule) for the subject easement(s) that the Owner proposes to register on title, for review and approval by City Legal Services. The draft easement schedule shall set forth the joint use and maintenance obligations between the Owner(s) and the proposed future owners. The Committee requires written confirmation that the Agreement is satisfactory to City Legal Services, as well as a copy of the in-preparation draft (to-be-registered) Transfer Easement.
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 and grants of easements/rights of way for which the consent is required.

Absent FABIAN POULIN VICE-CHAIR

“Jay Baltz” JAY BALTZ ACTING PANEL CHAIR

“George Barrett” GEORGE BARRETT MEMBER

“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 February 16, 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 MARCH 7, 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)

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

Comité de dérogation Ville d’Ottawa Ottawa.ca/Comitedederogation cded@ottawa.ca 613-580-2436