Riverside South Development Corp., 2025 CanLII 123047

DECISION CONSENT/SEVERANCE

Date of Decision: November 28, 2025

Panel: 2 - Suburban

File: D08-01-25/B-00161

Application: Consent under section 53 of the Planning Act

Applicant: Riverside South Development Corp.

Property Address: 500 Mosquito Drive

Ward: 22 - Riverside South-Findlay Creek

Legal Description: Part of Block 3, Registered Plan 4M-1746, Geographic Township of Gloucester

Zoning: IL

Zoning By-law: 2008-250

Heard: November 18, 2025, in person and by videoconference

APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION

1The Applicant wants to subdivide their property into two separate parcels of land for future development.

2The Applicant seeks the Committee’s consent to sever land. The property is shown on a draft 4R-plan and sketch filed with the application, and the separate parcels will be as follows:

3The severed land, shown as Part 1, on the draft 4R-plan, will have a frontage of 72.46 metres on Mosquito Drive and 85.05 metres on Gastops Street and a lot area of 8,096.6 square metres. This parcel will be known municipally as 450 Mosquito Drive.

4The retained land, shown as the remainder of Block 3 on the sketch, will have a frontage 81.07 metres on Mosquito Drive and 432.49 metres on Gastops Street and a lot area of 43,029.1 square metres. This parcel will be known municipally as 500 Mosquito Drive.

5The property is the subject of a Plan of Subdivision application (File No. D07-16-22-0014)

PUBLIC HEARING

Oral Submissions Summary

6The Acting Panel Chair asked Vincent Denomme, agent for the Applicant, whether the concerns raised by the City needed to be addressed prior to proceeding to hear the application. Mr. Denomme advised that he had had discussions with City staff regarding the frontage on Mosquito and Gastops Streets, and that sections of both streets had been assumed by the City and become public roads.

7Mr. Denome also confirmed that the detailed design submitted for the water main was under review in connection with the subdivision application. He felt confident that the water main would be installed and commissioned within two years.

8City Planners Penelope Horn and James Ireland confirmed that the conditions of provisional consent would address the concerns raised in the report.

9The Committee agreed to hear the applications without delay.

10Mr. Denome provided an overview of the application.

11Following the public hearing, the Committee reserved its decision.

DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED

Application Must Satisfy Statutory Tests

12Under 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 Planning Statement, 2024, 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

13Evidence 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 abstract, photo of the posted sign, and a sign posting declaration.
City Planning Report received November 13, 2025, with some concerns; received October 30, 2025, with some concerns.
Rideau Valley Conservation Authority email received November 13, 2025, with no objections; received October 31, 2025, with no objections.
Hydro Ottawa email received November 10, 2025, with comments; received October 29, 2025, with comments.

Effect of Submissions on Decision

14The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.

15The Committee notes that the City’s Planning Report raises “concerns” regarding the application, highlighting that the Applicant “should address the watermain redundancy requirement” and that “additional information is required to confirm that the subject site has frontage on a public street”. However, the Committee notes the City Planner’s confirmation at the hearing that the conditions of provisional consent, agreed to by the Applicant’s agent, would address these concerns.

16Based on the evidence, the Committee is satisfied that the proposal is consistent with the Provincial Planning Statement, 2024, that promotes building homes, sustaining strong communities; providing infrastructure and public service facilities in an efficient manner while accommodating projected needs; the wise use and management of resources; and, protecting public health and safety.

17The 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.

18Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.

19Moreover, 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.

20THE COMMITTEE OF ADJUSTMENT ORDERS that the application is granted and the provisional consent is to be given, subject to the conditions set out in Appendix A to this decision.

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 November 28, 2025. “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 and the filing fee must be submitted via one of the below options and must be received no later than 3:00 p.m. on December 18, 2025.

OLT E-FILE SERVICE – An appeal can be filed online through the E-File Portal . First-time users will need to register for a My Ontario Account. Select [Ottawa (City): Committee of Adjustment] as the Approval Authority. To complete the appeal, fill in all the required fields and provide the filing fee by credit card.
BY EMAIL - Appeal packages can be submitted by email to cofa@ottawa.ca. The appeal form is available on the OLT website at Forms | Ontario Land Tribunal. Please indicate on the appeal form that payment will be made by credit card.
IN PERSON – Appeal packages can be delivered to the Secretary-Treasurer, Committee of Adjustment, 101 Centrepointe Drive, 4th floor, Ottawa, Ontario, K2G 5K7. The appeal form is available on the OLT website at Forms | Ontario Land Tribunal. In person 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.

Please note only one of the above options needs to be completed. If your preferred method of appeal is not available at the time of filing, the appeal must be filed with one of the other two options.

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.

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 you have any questions about the appeal process, please visit File an Appeal | Ontario Land Tribunal

NOTICE TO APPLICANT

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”.

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

APPENDIX A

That the Owner(s) provide evidence, to the satisfaction of the Manager of Development Review All Wards, Planning, Development and Building Services Department, that each existing parcel has watermain redundancy as required by the inhibiting order in the subdivision agreement (condition 25 in schedule H). If the watermain does not have redundancy, the Owner(s) will be required, at their own cost, to enter into an Infrastructure Agreement with the City to construct the City's watermain on Gas Top Street and Mosquito Drive. Notice shall be provided in writing to the Committee from the Department confirming this condition has been fulfilled.

Securities shall be posted for the necessary works in the City Right-of-Way to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate. The Owner(s) must also obtain Ministry of the Environment, Conservation and Parks approval for the extension of the municipal services. The Committee shall be provided a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.

The Owner must convey to the City, at no cost to the City, an unencumbered corner sighttriangle, overlapping measuring 5 metres by 15 metres, at the intersection of Mosquito Drive and Gastops Street. The corner sight triangle must be determined by legal survey. The Owner shall provide a reference plan for registration, indicating the corner sight triangle, to the City Surveyorfor 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 corner sight triangle. The Committee shall be provided written confirmation from City Legal Services that the transfer of the corner sight triangle to the City has been registered. All costs shall be borne by the Owner.
That the Owner(s) provide evidence to the satisfaction of both the Chief Building Official and Development Review Manager, Planning, Real Estate and Economic Development Department, or designates, that both severed and retained parcels have their own independent water, sanitary and storm connection as appropriate, and that these services do not cross the proposed severance line and are connected directly to City infrastructure or private systems. Further, the Owner(s) shall comply with 7.1.5.4(1) of the Ontario Building Code, 0. Reg. 163/24 as amended. If necessary, a plumbing 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 a Conveyance for which the Consent is required.