Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 19 2024
CASE NO.: OLT-24-000131, OLT-24-000132
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Coland Developments Corporation
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of an 8-storey apartment building with 45 residential units and 95 parking spaces.
Reference Number: D14-902
Property Address: 625, 643 Atherley Road and 642 Driftwood Road
Municipality/UT: Orillia/Simcoe
OLT Case No.: OLT-24-000131
OLT Lead Case No.: OLT-24-000131
OLT Case Name: Coland Developments Corporation v. Orillia (City)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Coland Developments Corporation
Subject: Site Plan
Description: To permit the development of an 8-storey apartment building with 45 residential units and 95 parking spaces.
Reference Number: D11-387
Property Address: 625, 643 Atherley Road and 642 Driftwood Road
Municipality/UT: Orillia/Simcoe
OLT Case No.: OLT-24-000132
OLT Lead Case No.: OLT-24-000131
OLT Case Name: Coland Developments Corporation v. Orillia (City)
BEFORE:
P. TOMILIN
MEMBER
Thursday, the 19th day of December, 2024
WHEREAS Coland Developments Corporation (“Coland”) appealed the City of Orillia’s failure to make a decision with respect to the above-noted proposed Zoning By-Law Amendment and proposed Site Plan plans and drawings pertaining to the lands municipally known as 625, 643 Atherley Road and 642 Driftwood Road (the “Planning Instruments”), which matters are now before the Ontario Land Tribunal (“Tribunal”) bearing Case Numbers OLT-24-000131 & OLT-24-000132;
AND WHEREAS Coland and the City reached an agreement regarding the matters at issue between them in these proceedings;
AND WHEREAS these matters having come on for a public hearing on August 6, 2024 and the Tribunal having determined that the appeals under subsections 34(26) and 41(12.1) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”) should be allowed, in part;
AND WHEREAS the Tribunal issued a decision and Order dated August 23, 2024, wherein the Tribunal ordered that, in accordance with subsections 34(26) and 41(12.1) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”):
i. the Zoning By-law Amendment appeal was allowed and City of Orillia Zoning By-law 2014-44, as amended, was amended as set out in Attachment 1 to the Tribunal’s August 23, 2024 decision and Order. The Tribunal authorized the Municipal Clerk of the City of Orillia to assign a number to the By-law for record keeping purposes; and,
ii. the Site Plan appeal was allowed in part, on an interim basis, contingent upon receipt of the updated final Site Plan plans and drawings and Site Plan Conditions, to be filed with the Tribunal, and the Site Plan was approved in principle as shown in Attachment 2 to the Tribunal’s August 23, 2024 decision and Order.
AND WHEREAS the Parties filed the final Site Plan plans and drawings and Site Plan Conditions with the Tribunal on December 13, 2024 and advised the Tribunal that the parties jointly request the Tribunal to issues its Final Order on that basis;
THE TRIBUNAL ORDERS THAT
i. the Site Plan appeal is allowed and the Site Plan plans and drawings set out in ATTACHMENT 1 to this Order are approved subject to the conditions set out in ATTACHMENT 2 to this Order.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.