Ontario Municipal Board Commission des affaires municipales de l’Ontario

ISSUE DATE: April 27, 2015 CASE NO(S).: DC140015 DC140030

PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27

Appellant: 219786 Ontario Ltd. Appellant: Greater Home Builders’ Association Appellant: Governor Place Developments Appellant: Talos Custom Homes and Others Subject: Development Charges By-law No. 2014- 229 Municipality: City of Ottawa OMB Case No.: DC140015 OMB File No.: DC140015

PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended Appellant: 219786 Ontario Ltd. Appellant: MacRae Avenue Development Inc., et al Appellant: Mattamy Limited Appellant: Richmond Village Ltd. and Others Subject: Development Charges By-law No. 2014-328 Municipality: City of Ottawa OMB Case No.: DC140030 OMB File No.: DC140030

APPEARANCES:

Parties Counsel

City of Ottawa T. Marc

Greater Ottawa Homebuilders’ R. Howe Association (GOHBA) 2 DC140015 DC140030

Colonnade Development Inc. M. Polowin Colonnade GP Inc.

Building Owners and Managers D. Kelly, U. Melinz, B. Hagen Association of Ottawa (BOMA) Fernbank Landowners Group Ltd. Riverside South Development Corporation Urbandale Corporation KNL Developments Inc. Minto Communities Inc Talos Custom Homes Ltd. Toscano Land Corp. Governor Place Developments Richcraft Homes Ltd 2273707 Ontario Inc. 2024644 Ontario Inc. Claridge Homes(Lebreton Flats) Inc. Claridge Homes (Centretown) Inc. Regent Holdings Claridge Homes (70 Gloucester) Inc. Claridge Homes (89 Nepean) Inc. Claridge Homes (96 Nepean) Inc. Claridge Homes (George St.) Inc. 1850651 Ontario Limited Claridge Homes (245 Rideau) Inc. Claridge Homes ( Yards) Inc. Claridge Homes (Hintonburg) Inc. 485 Richmond Road GP Inc. 1203 Maritime Way Inc.

Mr. and Mrs. Ewen Marjerrison N. Slover

McRae Avenue (Ottawa) Development U. Melinz, as agent for M. Piel Inc. Scott & McRae Developments Inc. BridgePort Realty Capital Partners Inc., in Trust

2129786 Ontario Limited G. Meeds

Caivan Development Corporation A.K. Cohen, J. Cohen Richmond Village (North) Limited Richmond Village (South) Limited 3 DC140015 DC140030

Mattamy () Limited

Heard: February 4, 2015 in Ottawa, Ontario

MEMORANDUM OF ORAL DECISION DELIVERED BY M. C. DENHEZ ON FEBRUARY 5, 2015 AND ORDER OF THE BOARD

[1] This pre-hearing conference (“PHC”) concerned two Development Charge By- laws adopted by the Council of the City of Ottawa ("the City").

[2] A multiplicity of parties appealed the City’s new main Development Charge By- law, No. 2014-229, to the Ontario Municipal Board ("the Board"), in Board File No. DC140015.

[3] The second By-law, No. 2014-328, pertained specifically to affordable housing. However, there were linkages to By-law No. 2014-229, and it too was appealed, in Board File No. DC140030.

[4] The above appeals are not to be confused with a different set of appeals pertaining to the Monahan Stormwater facility, in Board file DC140016. Those are a separate matter unconnected with the current proceedings.

[5] There is, however, a linkage with yet another file. One of the parties to the appeal in DC140015, Colonnade Development Inc. ("Colonnade") filed a separate appeal against a different By-law altogether, By-law No. 2014-251, which also referred to an “H” (Holding) zone provision under s. 36 of the Planning Act. Counsel for Colonnade said that unfortunately, this latter appeal ("the Colonnade H appeal") had been inadvertently forwarded to the Board, by the City, in the same package as Colonnade’s Development Charge appeal ("the Colonnade DC appeal"). For the sake of moving forward procedurally, the City and Colonnade agreed to ask the Board to proceed with Colonnade's two appeals at the same time (or one after the other), subject to the mutual 4 DC140015 DC140030 understanding that this arrangement was without prejudice to the City's right to take the potential position that the Board had no jurisdiction over the Colonnade H appeal against By-law No. 2014-251, and that the latter appeal was not valid.

[6] For that purpose, there were allusions to "consolidating" those two Colonnade appeals, though counsel are aware that this is not how consolidation normally works, under Rule 57 of the Board's Rules of Practice and Procedure.

[7] The Board considers it unnecessary to order consolidation under Rule 57. Instead, it is sufficient that the two Colonnade appeals, against By-Law No. 2014-229 and By-law No. 2014-251, shall be heard at the same time or one after the other, and shall be treated together for purposes of case management.

[8] The Board further notes that the City and Colonnade have agreed that the parties to those two Colonnade appeals are the same, and that the City and Colonnade have agreed that in the event that the Board agrees to Board-assisted mediation of the Colonnaded DC appeal, they will ask that consideration be given to doing likewise for the Colonnade H appeal. This does not preclude these parties from making such a request specifically for the Colonnade H appeal.

[9] The Board finally notes that the City and Colonnade have further agreed that the statutory and procedural requirements and evidence in the Colonnade DC will apply to the Colonnade H appeal, the whole without prejudice of the right of the City to take the eventual position that the Board has no jurisdiction over the Colonnade H appeal against By-law No. 2014-251, and that the latter appeal is not valid.

[10] The Board has no objection to those agreed arrangements for the Colonnade appeals at this time. If the parties wish further arrangements for the Colonnade H appeal to be discussed by teleconference, the Board may be spoken to.

5 DC140015 DC140030

[11] Counsel for the City next proposed that the methodical way to deal with the appeals to the development charge By-laws, in files DC140015 and DC140030, was to divide them into six phases or "streams":

“Stream 1”: This was the "main" set of appeals of By-law No. 2014-229 generally, including its "broad principles."

“Stream 2”: This set of appeals was more focused on Development Charges for additional services.

“Stream 3”: This set of appeals was more focused on the Richmond Sanitary Sewer connection.

“Stream 4”: This set of appeals was more focused on the Manotick sewer and water connections.

“Stream 5”: This set of appeals was more focused on transit in rural areas.

“Stream 6”: The City's prior Development Charge By-law provided a Development Charge exemption, equivalent to 50% of the road component of Charges, for projects in close proximity to rapid transit. The new By-law would eliminate that exemption. This set of appeals was focused on that question.

[12] At the current PHC, there was general agreement on the above phasing. The interests of the appellants, in relation to each stream, is set out at Attachment 1 hereto.

[13] There was also agreement on the usefulness of convening another PHC.

[14] The Board was also advised that requests would be forthcoming, for Board- assisted mediation in some of the above "streams", though not necessarily all.

6 DC140015 DC140030

[15] The Board disposes of the above matters as follows:

1. The Board fixes Friday, May 15, 2015 at 10 a.m., for the next PHC in this matter. That PHC will provide the Board with an update.

2. The hearing on the merits shall be divided between the various phases or "streams" as follows:

a) “Stream 1” and “Stream 2” ("main provisions" and "additional services") shall be heard together. The hearing on “Stream 1” and “Stream 2” will start on Monday, November 16, 2015, at 10 a.m. It is scheduled for four weeks.

b) The hearing on “Stream 3” (Richmond Sanitary Sewer) will start on Monday, September 28, 2015, at 10 a.m. It is scheduled for five days.

c) The hearing on “Stream 4” (Manotick Sewer and Water) will start on Wednesday, October 14, 2015, at 10 a.m. It is scheduled for three days.

d) The hearing on “Stream 5” (Transit - Rural) will start on Wednesday, January 6, 2016, at 10 a.m. It is scheduled for three days.

e) The hearing on “Stream 6” (development in the vicinity of transit) will start on Monday, January 25, 2016, at 10 a.m. It is scheduled for five days.

3. All the above proceedings will take place at:

Ottawa City Hall, 110 West Ottawa, ON

7 DC140015 DC140030

4. Proceedings shall occur in the Keefer Room, in the Heritage Building, unless the parties are otherwise advised.

5. Subject to the above, the Colonnade appeals, against By-law No. 2014-229 and By-law No. 2014-251, shall be heard at the same time or one after the other, in accordance with the agreed arrangements outlined earlier.

6. No further notice will be given for the matters currently before the Board.

7. This Member is not seized.

“M. C. Denhez”

M. C. DENHEZ MEMBER 8 DC140015 DC140030

Attachment 1: Preliminary Profile of Parties to Respective Streams

Stream Parties (in addition to City of Ottawa) Estimated Date Time “Stream 1” GOHBA Three Nov. 23, 2015 Main Provisions BOMA weeks See Order par. Minto Communities Inc. 2(a) “Stream 2” 2129786 Ontario Limited One Week Nov. 16, 2015 Additional Fernbank Landowners Group Ltd. See Order par. Services Colonnade Development Inc. 2(a) Riverside South Development Corporation Urbandale Corporation KNL Developments Inc. Caivan Development Corporation Richmond Village (North) Limited Richmond Village (South) Limited Mattamy (Jock River) Limited “Stream 3” Talos Custom Homes Ltd. One Week Sept. 28, 2015 Richmond Toscano Land Corp. Sanitary Sewer Colonnade GP Inc. Caivan Development Corporation Richmond Village (North) Limited Richmond Village (South) Limited Mattamy (Jock River) Limited “Stream 4” Mr. And Mrs. Ewen Marjerrison Three days Oct. 14, 2015 Manotick Sewer & Water “Stream 5” Minto Communities Inc. Three days Jan. 6, 2016 Transit – Rural Caivan Development Corporation Richmond Village (North) Limited Richmond Village (South) Limited Mattamy (Jock River) Limited “Stream 6” Governor Place Developments One Week Jan. 25, 2016 Transit – Richcraft Homes Ltd Development 2273707 Ontario Inc. near Stations 2024644 Ontario Inc. Claridge Homes(Lebreton Flats) Inc. Claridge Homes (Centretown) Inc. Regent Holdings Claridge Homes (70 Gloucester) Inc. Claridge Homes (89 Nepean) Inc. Claridge Homes (96 Nepean) Inc. Claridge Homes (George St.) Inc. 1850651 Ontario Limited Claridge Homes (245 Rideau) Inc. Claridge Homes (Hintonburg Yards) Inc. Claridge Homes (Hintonburg) Inc. 9 DC140015 DC140030

485 Richmond Road GP Inc. Riverside South Development Corporation Urbandale Corporation KNL Developments Inc. 1203 Maritime Way Inc. McRae Avenue (Ottawa) Development Inc. Scott & McRae Developments Inc. BridgePort Realty Capital Partners Inc., in Trust GOHBA

If there is an attachment referred to in this document, please visit www.elto.gov.on.ca to view the attachment in PDF format.

Ontario Municipal Board A constituent tribunal of Environment and Land Tribunals Ontario Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248