Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 14, 2024
CASE NO(S).: OLT-24-000131
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/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
Applicant/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)
Heard: June 6, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
Coland Developments Corporation
L. English P. Patterson (in absentia)
City of Orillia
D. Kirby A. Sidhu (in absentia) B. Khattra (articling student)
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON JUNE 6, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of an Appeal by Coland Developments Corporation (“Applicant” / “Appellant”) arising from the failure of the City of Orillia to make a decision on a Zoning By-law Amendment and a Site Plan Approval Application, pursuant to s. 34(11) and 41(12) of the Planning Act, for the properties Municipally known as 625, 643 Atherley Road and 642 Driftwood Road (“Site”).
2The Appellant is seeking to rezone the Site to permit the development of an eight-storey apartment building with 45 residential units and 95 parking spaces.
3The Tribunal received the Affidavit of Service and marked it as Exhibit 1.
PRELIMINARY MATTER
4One day prior to the CMC, on June 5, 2024, the Tribunal received a notification that the statutory Parties have resolved their issues and will be requesting that a date be scheduled for a Settlement Hearing at this CMC.
STATUS REQUESTS
5The Tribunal received both a Party and a Participant status request from Kathy Hunt. In her Party Status Request form, Ms. Hunt has indicated that a Land Use Planner had been retained, and that she has assigned Lance Anderson as her representative.
6Ms. Hunt was also seeking to represent the Orchard Point neighbourhood group at the Hearing. The Tribunal questioned Mr. Anderson about whether the Orchard Point neighbourhood group was incorporated. Mr. Anderson provided that it was not. The Tribunal explained that because the group is not incorporated, it cannot be given party status.
7The Tribunal further explained the role and responsibilities of a Party in a Hearing, including the expectation that land use planning evidence be provided to support the position being taken. Mr. Anderson requested that Ms. Hunt be given some time to consider whether she wants to be a Party or a Participant in this matter. The Tribunal directed Ms. Hunt to confirm her status request with the Tribunal on or before Friday, June 7, 2024.
8At the CMC, Mr. English raised concern about granting Party status to Ms. Hunt. Rather, it was his view that Participant status would be more appropriate.
9On Friday, June 7, 2024, the Tribunal was informed by Ms. Hunt that given that the (statutory) Parties have reached an agreement, she is withdrawing her Party status request and, instead, will continue as a Participant. A Participant cannot make oral submissions at a Hearing.
HEARING
10A Hearing is scheduled to proceed by Video Hearing on Tuesday, August 6, 2024, at 10 a.m.
11Parties are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/638422541
Access Code: 638-422-541
12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll-Free): 1-888-299-1889 or + 1 (647) 497-9373. The Access Code is as indicated above.
13Parties are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
14Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the Hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the Hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
15THE TRIBUNAL ORDERS that the directions in this Decision are so ordered.
16This Member is not seized.
17There will be no further notice.
“P. Tomilin”
p. tomilin
MEMBER
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.